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HomeMy WebLinkAboutAgenda Packet 10/21/2014 CITY COUNCIL MEETING ORT GEL 321 East 5th Street P October 21, 2014 A s H i N G T o N, U. S. A. SPECIAL MEETING — 5:00 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 5:00 P.M. —Executive Session under authority ofRCW 42.30.1 10(l)(i), to discuss potential litigation with legal counsel. CALL TO ORDER -REGULAR MEETING AT 6:00 P.M. B. ROLL CALL PLEDGE OF ALLEGIANCE CEREMONIAL MATTERS, PROCLAMATIONS & EMPLOYEE RECOGNITIONS 1. Recognize Mike Puntenney-2014 Roy Morse Leadership Award C. PUBLIC COMMENT - D. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS - E. CONSENT AGENDA/Approve 1. Expenditure Approval List: 9/27/2014 to 10/10/2014 for$1,837,849.22 .............................................................................E-1 2. Renewal of Computerized Maintenance Management System(CMMS) Software License Agreement ............................E-21 3. Blue Mountain Drop Box Facility Surcharge Rate Ordinance Amendment!Set Public Hearing.......................................E-39 4. Civic Field Boiler Replacement-Project PK 01-14/Approve and authorize the City Manager to award and sign a construction contract for the base bid to install an electric boiler at Civic Field in the amount of$14,212.32;and to make minor mod f cations to the contract, if necessary.........................................................................................................................E-43 5. CFP IT0213 Thin Client Virtual Conversion/Replacement, Phase II!Authorize purchase of thin client software, related Microsoft software and thin client appliances for the transition of Finance, Customer Service, and other City staff to the thin client platform;award amount of$68,858.63.............................................................................................................E-45 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. October 21, 2014 Port Angeles City Council Meeting Page - 1 G. PUBLIC HEARINGS—OTHER (6:30 P.M. or soon thereafter) 1. Shoreline Master Program/Conduct second reading/Adopt Ordinance ..............................................................................................G-1 2. Industrial Transmission Electric Rate Ordinance Amendments/Conduct first reading/Open Public Hearing/ Continueto November 4th ....................................................................................................................................................................................G-17 3. Medic One Utility Rate Adjustments/Conduct first reading/Continue to November 4th ..........................................................G-21 H. ORDINANCES NOT REQUIRING PUBLIC HEARINGS 1. Minor Municipal Code Amendments,Titles 14(Building), 15 (Environment), 17(Zoning)/Conduct Second Reading/ AdoptOrdinance...................................................................................................................................................................H-1 I. RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS ........................................................................None J. OTHER CONSIDERATIONS 1. Mueller Settlement Agreement................................................................................................................................................J-1 2. Collective Bargaining Contract with IAFF Local 4656....................................................................................................... J-10 KFINANCE ............................................................................................................................................................................None L. COUNCIL REPORTS- M. INFORMATION City Manager Reports: 1. Parks,Recreation&Beautification Commission Meeting Minutes......................................................................................M-1 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. October 21, 2014 Port Angeles City Council Meeting Page -2 PUBLIC INTEREST SIGN-UP SHEET • PORTANGELES CITY COUNCIL SPECIAL MEETING `= W A S H I N G T O N, U. S. A. DATE OF MEETING: October 21, 2014 LOCATION: City Council Chambers You are encouraged to sign below if: 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. (3)/N 1-1,l nav,/ Y5 C-Hiza d(,�Nri' 07N NJ G:\Group\C1erk\Forms\Counci1 Attendance Roster.doc PUBLIC INTEREST SIGN-UP SHEET CY�)N /Y�N YIN T N C A-- N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y /N Y/N Y /N Y/N Y/N Y /N Y/N Y /N Y/N Y/N Y /N Y/N Y /N Y/N Y/N G:\Group\Clerk\Fom-ls\Council Attendance Roster.doc PUBLIC INTEREST SIGN-UP SHEET N 2 12 Q, O�N N -Q V;vim. GI VhA 4h fi,'-� C 2-, -(Y'l N cl Y Y/N Y/N Y /N Y /N Y /N Y/N Y/N Y/N Y /N Y/N Y/N Y/N Y/N Y/N Y /N Y /N Y/N Y/N Y /N Y/N Y/N Y/N G:\Group\C,Ierk\Forms\Council Attendance Roster.doc Hard Wired for P.O.Box 1644, Port Angeles, WA 983 62 Scifeiy outlook.com Oct. 16. 2€314 City Council; We are here this evening with a request, of the Council to stand with us in oppasition to the Pacific Northwest Electronic Warfitre Range Environmental assessment Our primary concern is with the adverse environmental impacts on humans and on listed sensitive plants animals from low-level electromagnetic exposures in the 2-I8 fpm frequency range caused by the proposed action. We are also concerned about the inadvertent disruption of military and non-military communication tease by the proposed action. These actions are not adequately addressed in the EA and are likely to result in substantial adverse environmental impacts. Another significant adverse inipact not addressed by the EA is the impact of the emitters on other communication systems.The emitters we putting noise into space in the fiequency ranges allocated to other e communion items. This will have the eft of interfering with the operation of satellites and other communication centers that are in the path of the utter beams.Critical communication can be destroyed by these emitters when a satellite or other mobile antenna using similar frequencies passes in the path of the emitter beanL This system shouW be lacked out when any non7participating air-ve ` le or satellite could enter the beam. 'here is no discussion ofinterruption of recreational users of harm to people who are using the state and federal resources for recreation. For example there could be low flying non-military airplanes, or hang glides or other air supported vehicles being used for recreation that could be in the beam. It should be clarified in the EA a%to which alternative is the proposal. True alternatives should have reduced environmental impacts. The proposal is for use of f for a military purpose wI&h is basically a purpose in conflict with other uses. Approval of such a use could estabhsh a precedent for conversion of these forest land areas to military Iands.This is a long 'al should be addressed in the EA.. Certainly conversion of these forest lands to military lands would have significant adverse environmental impacts that are not yet discussed in the EA. Hard Wired for Safety c/o Eloise Kailin M.D. PO Box 1644 Port Angeles WA 98362 Represented by: Gerald Steel PE Attorney at Law 7303 Young Rd. NW Olympia WA 98502 October 9, 2014 Greg Wahl 1835 Black Lake Blvd SW Olympia WA 98512 Re: HWS Comments on Pacific Northwest Electronic Warfare Range Environmental Assessment (PNEWR EA) and Forest Service Special Use Permits Dear Mr. Wahl: I submit this comment on behalf of Hard Wired for Safety(HWS). We have reviewed the above-referenced EA and urge the Forest Service to find that this EA is inadequate for the issuance of any permits and to find that an Environmental Impact Statement is required for the proposed action. Our primary concern is with the adverse environmental impacts on humans and on listed and sensitive plants and animals from low-level electromagnetic exposures in the 2-18 GHz frequency range caused by the proposed action. We are also concerned about the inadvertent disruption of military and non-military communication caused by the proposed action. These issues are not adequately addressed in the EA and are likely to result in substantial adverse environmental impacts. The EA focuses its analysis of electromagnetic impacts.on analysis of short-term exposure to the focused beam of the fixed and mobile emitters. To show no danger to listed and sensitive plants and animals it cites to Bruderer et al. (1990) (online EA page 82) which found birds did not react when flying through a 9 GHz beam from a tracking radar. This only means that these birds did not sense any harm. This does not mean that the birds were not harmed. A person may not react to swallowing radioactive material, but it will cause harm. More information is needed to make a reasoned determination that a marbled murrelet or northern spotted owl or other listed or sensitive plant or animal will not be harmed when subjected to direct beam radiation. Online EA pages 208 and 210 show mobile sites in the critical habitat of the marbled murrelet and the northern spotted owl. With the fixed emitter on a tower at about the same height and only about 400 feet away from the third floor of the hotel section of the Pacific Beach Resort and Conference Center,there is an unreasonable risk of direct beam radiation on people using this Resort. The EA does not disclose HWS Comments on PNEWR EA and Forest Service Special Use Permits October 9, 2014 Page 2 the maximum kW of the fixed emitter but proposes a 714 foot safe separation(online EA page 50)to the hotel. This should be considered a significant impact because the hotel is only 400 feet away. Beside direct beam radiation there will be substantially increased low-level electromagnetic radiation at each emitter site. This adverse environmental impact is likely to be significant. We submit with this comment a copy of Levitt et al. (2010). Levitt at 374 reports that in year 2000 there were only about a dozen studies reporting biological and(or)health effects of low-intensity Radio Frequency Radiation(RFR)but by 2010 there were more than 60 studies. Levitt states, "This body of work cannot be ignored." (Id.) Most of the studies show biological and(or) health effects with minutes to hours of exposure to low-intensity RFR. (Id.) Levitt lists studies with RFR ranging from 50 Megahertz to 50 Gigahertz including frequencies used by cell and cordless phones, Wi-Fi, water and electric meters with transmitters, and cell, microwave,radar, satellite and other antennas. Thirteen studies are in the frequency range addressed in the EA from 2 to 18 GHz. (Id. at 375-78.) These studies show lower sperm counts for military personnel operating mobile radar, immune system effects,DNA double strand breaks in brain cells, and other adverse impacts. (Id.) Levitt reports that the U.S. FCC has issued guidelines for maximum RFR power density of 0.2-1.0 mW/cm2 . (Id. at 374.) The adverse impacts discussed above were for much lower RFR power densities down to 0.001 mW/cm2. (Id. at 375-78.) Based on the studies cited by Levitt, guests and workers at the Pacific Beach Resort and Conference Center, and workers near the fixed and mobile emitters are likely io have significant adverse health impacts from their exposure to low-intensity RFR. The EA is inadequate because it does not measure the RFR power density exposure for these workers and guests. Similarly,the listed plants and animals are likely to have significant adverse health impacts from their exposure to low-intensity RFR near the mobile emitter sites. Further, other humans who venture near to the emitters, even outside the reported safe separation are likely to suffer significant adverse health impacts from low-intensity RFR. There is no measurement of the RFR power density exposure for people in the airplanes that are in the focus of the emitter beams and so their safety cannot be determined. Another significant adverse impact not addressed by the EA is the impact of the emitters on other's communication systems. We submit with this comment the current FCC Online Table of Frequency Allocations for the frequency range from 2 to 18 GHz. The emitters are putting noise into space in the frequency ranges allocated to other communication systems. This will have the effect of interfering with the operation-of satellites and other communication centers that are in the path of the emitter beams. Critical communications can be destroyed by these emitters when a satellite or other mobile antenna using similar frequencies passes is in the path of the emitter beam. No provision is being made to avoid communication system interference. The system should be locked out when any non-participating air-vehicle or satellite could enter the.beam. There is no discussion of provisions being taken regarding sanitary waste associated with the mobile emitters. There is no discussion of interruption of recreational uses or harm to people who are using the state and federal resources for recreation. For example,there could be low flying non-military airplanes, or hang gliders or other air supported vehicles being used for recreation that could be in the beam. The mobile emitters pictured in the EA do not allow HWS Comments on PNEWR EA and Forest Service Special Use Permits October 9,2014 Page 3 adequate view of people or animals which might enter the separation zone and so significant harm could be done to those people or animals if they cross the red tape or remain near the red tape boundary. There should be a system of motion detectors to discover any intrusion even intrusions significantly outside the red tape area. Allowed noise levels should be reduced after dark. Each of the mobile sites should be surveyed for nearby listed or sensitive plants and animals before the site is considered for approval. Sites with nearby listed or sensitive plants or animals should not be approved. Any mobile sites approved should be conditioned that use of the site for temporary logging operations temporarily suspends that site's approval. It should be clarified in the EA as to which alternative is the proposal. True alternatives should have reduced environmental impacts. Any special use permit should be issued for a limited time (say, 10-15 years)with reapplication for the special use permit.required for continued operation after that time. The proposal is for use of forest lands for a military purpose which is basically a purpose in conflict with other uses. Approval of such a use could establish a precedent for conversion of these forest land areas to military lands. This is a long-term potential impact that should be addressed in the EA. Certainly conversion of these forest lands to military lands would have significant adverse environmental impacts that are not yet discussed in the EA. HWS must oppose the issuance of any permits based on an inadequate EA. spectf d y, J erald Steel ' Attorney for HWS ff FEDERAL Co�runrrC�arrONS CO>vr�llsSrOn� OFFICE OF ENGINEERING AND TECHNOLOGY * s POLICYAND RULES DIVISION FCC ONLINE TABLE OF FREQUENCY ALLOCATIONS 47 C.F.R.§2.106 Revised on July 25,2014 Disclaimer: The Table of Frequency Allocations as published by the Federal Register and codified in the Code of Federal Regulations remains the legal source material. This Online Table of Frequency Allocations may display amendments that have been adopted by the FCC but that have not yet taken effect. NOTE: If a Rule Part is listed in the last column of the Allocation Table,click here to find those Rules. Contact Tom Mooring at 202-418-2450 if you have any questions or comments.' t The International Table (columns 1-3 of§ 2.106) reflects Article 5, Section IV of the ITU.-Radio Regulations, Edition of 2008,except for the revisions listed below: Band;Table Action 2120-2170 MHz;Re ions 1 &3 The bands 2120-2160 and 2160-2170 MHz have been mer e-di International Footnote Action 5.357A,5.388A Footnotes have been updated to reflect the text as revised at WRC-12. 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W I—� Q O O�W W CO QQ iN QQ"O' X W 0. N W m F-- Q uNN') LC) � Q co Cl! W �r�W la =LLI JW N W0Om0 N W N wQW LO LN w N mw N w N�—� d. NF-�—U N�=i¢O O-i S�JO C", OC�J �J Wm NNWm C NNm LllmQ �Wm0N NWm "I. Ei¢ � Ln Wm �W Wm TWO] -XO noL<0V n �QXOa XO� ri NXO N dX0 a NXO NXhO )XO NlL to LL rG CO ttj N¢LL�CA NLL�m N LL CG Ln N W LL��Cn ui Nu-: N LLZ:Ei LO NLL`6 369 Biological effects from exposure to electromagnetic radiation emitt cell t . r base statics and other antenna arrays B. Blake,Levitt and Henry Lai Abstract: The siting of cellular phone base stations and other cellular infrastructure such as roof-mounted antenna arrays, especially in residential neighborhoods,is a contentious subject in land-use regulation.Local resistance from nearby resi- dents and landowners is often based on fears of adverse health effects despite reassurances from telecommunications serv- ice providers that international exposure standards will be followed.Both anecdotal reports and some epidemiology studies have found headaches,skin rashes,sleep disturbances,depression,decreased libido,increased rates of suicide,concentra- tion problems,dizziness,memory changes,increased risk of cancer,tremors,and other neurophysiological effects in popu- lations near base stations.The objective of this paper is to review the existing studies of people living or working near cellular infrastructure and other pertinent studies that could apply to long-term low-level radiofrequency radiation(RFR) exposures.While specific epidemiological research in this area is sparse and contradictory,and such exposures are difficult to quantify given the increasing background levels of RFR from myriad personal consumer products,some research does exist to warrant caution in infrastructure siting.Further epidemiology research that takes total ambient RFR exposures into consideration is warranted.Symptoms reported today may be classic microwave sickness,first described in 1978.Non- ionizing electromagnetic fields are among the fastest growing forms of environmental pollution. Some extrapolations can be made from research other than epidemiology regarding biological effects from exposures at levels far below current exposure guidelines. Key words:radiofrequency radiation(RFR),antenna arrays,cellular phone base stations,microwave sickness,nonionizing electromagnetic fields,environmental pollution. R6sum6:La localisation des stations de base pour telephones cellulaires et autres infrastructures cellulaires, comme les installations d'antennes sur les toitures,surtout dans les quartiers r6sidentieis,constitue un sujet litigieux d'utilisation du. territoire.La resistance locale de la part des residents et propri6taires fonciers limitrophes repose souvent sur les craintes d'effets adverses pour la sant6,en d6pit des reassurances venant des fournisseurs de services de 06communication, a Pellet qu'ils appliquent les standards internationaux d'exposition.En plus de rapports anecdotiques, certaines etudes 6pid6- miologiques font 6tat de maux de tete,d'6ruption cutan6e,de perturbation du sommeil, de d6pression,de diminution de li- bido,d'augmentations du taux de suicide,de problemes de concentration,de vertiges,d'alt6ration de la m6moire, d'augmentation du risque de cancers,de tr6mulations et autres effets neurophysiologiques,dans les populations vivant au voisinage des stations de base.Les auteurs r6visent ici les Etudes existantes portant sur les gens,vivant on travaillant pres d'infrastructures cellulaires ou autres Etudes pertinentes qui pourraient s'appliquer aux expositions a long terme a la radia- tion de radiofr6quence de faible intensit6«RFR».Bien que la recherche epid6miologique sp6cifique dans ce domaine soft rare et contradictoire,et que de telles expositions soient difficiles a quantifier compte tenu des degr6s croissants du bruit de fond des RFR provenant de produits de myriades de consommateurs personnels,it existe certaines recherches qui justifient la prudence dans Finstallation des infrastructures.Les futures Etudes 6pid6miologiques sont n6cessaires afin de prendre on compte la totalit6 des expositions a la RFR ambiante.Les symptomes rapport6s jusqu'ici pourraient correspon- dre a la maladie classique des micro-ondes,d6crite pour la premiere fois on 1978.Les champs 6lectromagn6tiques non-io- nisants constituent les formes de pollution environnementale croissant le plus rapidement. On petit effectuer certaines extrapolations a partir de recherches autres qu'6pid6miologiques concernant les effets biologiques d'expositions a des de- gr6s bien au-dessous des directives internationales. Mots-cles:radiofr6quence de faible intensit6«RFR», les installations d'antennes,des stations de base pour t616phones cellulaires,la maladie classique des micro-ondes,Ies champs 6lectromagn6tiques non-ionisants;pollution environnementale. [Traduit par la R6daction) Received 30 April 2010. Accepted 6 August 2010. Published on the NRC Research Press Web site at er.nrc.ca on 5 November 2010. B.B.Levitt.t P.O.Box 2014,New Preston,CT 06777,USA. H.Lai.Department of Bioengineering,Box 355061,.University of Washington,Seattle,WA 98195, USA. lCorresponding author(e-mail: blakelevit @es.com;bbi353355 @gmail.com). Environ.Rev. 18: 369-395(2010) doi:10.1139/AIO-018 Published by NRC Research Press 370 Environ. Rev.Vol. 18, 2010 1, Introduction wireless phones, even when there was a landline in the home. They called these "wireless-mostly households." Wireless technologies are ubiquitous today. According to The trend away from landline phones is obviously in- the European Information Technology Observatory, an in- creasing as wireless providers market thew services specifi- dustry-funded organization in Germany, the threshold of 5.1 cally toward a mobile customer, particularly younger adults billion cell phone users worldwide will be reached by the who readily embrace new technologies. One study (Silke et end of 2010—up from 3.3 billion in 2007. That number is al. 2010) in Germany found that children from lower socio- expected to increase by another 10% to 5.6 billion in 2011, economic backgrounds not only owned more cell phones out of a total worldwide population of 6.5 biliion.2 In 2010, than children from higher economic groups, but also used cell phone subscribers in the U.S. numbered 287 million, their cell phones more often — as determined by the test Russia 220 million, Germany Ill million, Italy 87 million, groups' wearing of personal dosimetry devices. This was Great Britain 81 million, France 62 million, and Spain 57 the first study to track such.data and it found an interesting million. Growth is strong throughout Asia and in South contradiction to the assumption that higher socioeconomic America but especially so in developing countries where groups were the largest users of cell services. At one time, landline systems were never fully established. cell phones were the status symbol of the wealthy. Today, it The investment firm Bank of America Merril-Lynch esti- is also a status symbol of lower socioeconomic groups. The mated that the worldwide penetration of mobile phone cus- CDC found in their survey discussed above that 65.3% of tomers is twice that of landline customers today and that adults living in poverty or living near poverty were more America has the highest minutes of use per month per likely than higher income adults to be living in households user.3 Today, 94% of Americans live in counties with four with wireless only telephones. There may be multiple rea- or more wireless service providers, plus 99% of Americans sons for these findings, including a shift away from cell live in bounties where next generation, 3G (third genera- phone dialogues to texting in younger adults in higher socio- tion), 4G (fourth generation), and broadband services are economic categories. available. All of this capacity requires an extensive infra- In some developing countries where landline systems structure that the industry continues to build in the U.S., have never been fully developed outside of urban centers, despite a 93% wireless penetration of the total U.S. popula- cell phones are the only means of communication. Cellular lion 4 technology, especially the new 3G,4G, and broadband serv- Next generation services are continuing to drive the build- ices that allow wireless communications for real-time voice out of both new infrastructure as well as adaptation of pre- communication, text messaging, photos, Internet connec- existing sites. According to the industry, there are an esti- tions, music and video downloads, and TV viewing, is the mated 251 618 cell sites in the U.S. today, up from 19 844 fastest growing segment of many economies that are in oth- in 19954 There is no comprehensive data for antennas hid- erwise sharp decline due to the global economic downturn. den inside of buildings but one industry-maintained Web There is some indication that although the cellular phone site (www.antennasearch.com), allows people to type in an markets for many European countries are more mature than address and all antennas within a 3 mile (1 mile = 1.6 km) in the U.S., people there may be maintaining their landline area will come up. There are hundreds of thousands in the use while augmenting with mobile phone capability. This U.S. alone. may be a consequence of the more robust media coverage People are increasingly abandoning landline systems in regarding health and safety issues of wireless technology in favor of wireless communications. One estimate in 2006 the European press, particularly in the UK, as well as rec- found that 42% of all wireless subscribers used their wire- ommendations by European governments like France and less phone as their primary phone. According to the Na- Germany6 that citizens not abandon their landline phones or tional Center for Health Statistics of the U.S. Centers for Wired computer systems because of safety concerns. Accord- Disease Control (CDC), by the second half of 2008, one in ing to OfCom's 2008 Communications Market Interim Re- every five American households had no landlines but did port (OfCom 2008), which provided information up to have at least one wireless phone (Department of Health and December 2007, approximately 86% of UK adults use cell Human Services 2008). The figures reflected a 2.7% in- phones. While four out of five households have both cell crease over the first half of 2008 — the largest jump since phones and landlines, only I I% use cell phones exclusively, the CDC began tracking such data in 2003, and represented a total down from 28%noted by this group in 2005.In addi- a total of 20.2% of the U.S. population— a figure that co- tion, 44% of UK adults use text messaging on a daily basis. incides with industry estimates of 24.50% of completely Fixed landline services fell by 9% in 2007 but OfCom notes wireless households in 2010.5 The CDC also found that ap- that landline services continue to be strong despite the fact proximately 18.7% of all children, nearly 14 million, lived that mobile services also continued to grow by 16%. This in households with only wireless phones. The CDC further indicates that people are continuing to use both landlines found that one in every seven American homes, 14.5% of and wireless technology rather than choosing one over the the population, received all or almost all of their calls via other in the UK. There were 51300 UK base station sites in Ihttp://www.eito.com/pressinformadon_20100811.htm. (Accessed October 2010.) 3 http://www.ctia.org/advocacy/reseamhlindex.cfuVAM/10377. (Accessed October 2010.) 4http://www.etia.org/advocacy/research/iindex.cfm/AID/10323. (Accessed October 2010.) 5 http://www.etia.org/advocacy/resemh/index.cftn/AJD/10323.D/10323. (Accessed October 2010.) 6http://www.icems.eu/docs/doutscher-bundestag.pdf and http://www.icems.eu/does/resolutions/EP_EMF resolution_2APR09.pdf. (Accessed October 2010.) Published by NRC Research Press Levitt and Lai 371 the beginning of 2009 (two-thirds installed on existing homes and businesses that will send radio signals of approx- buildings or structures) with an estimated 52 900 needed to imately 1 W output in the 2.4000-2.4835 GHz range to lo- accommodate new 3G and 4G services by the end.of 2009. cal "access point" transceivers, which will then relay the Clearly, this is an enormous global industry. Yet, no signal to a further distant information center (Tell 2008). money has ever been appropriated by the industry in the Access point antennas will require additional power density U.S., or by any U.S. government agency, to study the poten- and will be capable of interfacing with frequencies between tial health effects on people living near the infrastructure. 900 MHz and 1.9 GHz. Most signals will be intermittent, The most recent research has all come from outside of the operating between 2 to 33 seconds per hour. Access points U.S. According to the CTIA. — The Wireless Association, will be mounted on utility poles as well as on free-standing "If the wireless.telecom industry were a country, its econ- towers. The systems will form wide area networks (WANs), omy would be bigger than that of Egypt, and, if measured capable of covering whole towns and counties through a by GNP (gross national product), [it] would rank as the combination of "mesh-like" networks from house to house. 46th largest country in the world." They further say, "It Some meters installed on private homes will also act as took more than 21 years for color televisions to reach 100 transmission relays, boosting signals from more distant million consumers, more than 90 years for landline service buildings in a neighborhood. Eventually, WANs will be to reach 100 million consumers, and less than 17 years for completely linked. wireless to reach 100 million consumers.117 Smart grid technology also proposes to allow homeowners In lieu of building new cell towers, some municipalities to attach additional RFR devices to existing indoor applian- are licensing public utility poles throughout urban areas for ces, to track power use, with the intention of reducing usage Wi-Fi antennas that allow wireless Internet access. These during peak hours. Manufacturers like General Electric are systems can require hundreds of antennas in close proximity already making appliances with transmitters embedded in to the population with some exposures at a lateral height them. Many new appliances will be incapable of having where second- and third-storey windows face antennas. transmitters deactivated without disabling the appliance and Most of these systems are categorically excluded from regu- the warranty.People will be able to access their home appli- lation by the U.S. Federal Communications Commission ances remotely by cell phone. The WANs smart grids de- (FCC) or oversight by government agencies because they scribed earlier in the text differ significantly from the operate below,a certain power density threshold. However, current upgrades that many utility companies have initiated power density is not the only factor determining biological within recent years that already use low-power RFR meters effects from radiofrequency radiation (RFR). attached to homes and businesses. Those first generation In addition, when the U.S. and other countries perma- RFR meters transmit to a mobile van that travels through an nently changed from analog signals used for television trans- area and "collects" the information on a regular billing mission to newer digital formats, the old analog frequencies cycle. Smart grids do away with the van and the meter were reallocated for use by municipal services such as po- reader and work off of a centralized RFR antenna system lice, fire; and emergency medical dispatch, as well as to pri- capable of blanketing whole regions with RFR. vate telecommunications companies wanting to expand their Another new technology in the wings is broadband over networks and services. This creates another significant in- powerlines (BPL). It was approved by the U.S. FCC in crease in ambient background exposures. 2007 and some systems have already been built out. Critics Wi-Max is another wireless service in the wings that will of the latter technology warned during the approval process broaden wireless capabilities further and place additional that radiofrequency interference could occur in homes and towers and (or) transmitters in close proximity to the popu- businesses and those warnings have proven accurate. BPL lation in addition to what is already in existence. Wi-Max technology couples radiofrequency bands with extremely aims to make wireless Internet access universal without ty- low frequency (ELF) bands that travel over powerline infra- ing the user to a specific location or "hotspot." The rollout structure, thereby creating a multi-frequency field designed of Wi-Max in the U.S., which began in 2009, uses lower to extend some distance from the lines themselves. Such frequencies at high power densities than currently used by couplings follow the path of conductive material, including cellular phone transmission.Many in science and the activist secondary distribution lines, into people's homes. communities are worried, especially those concerrned about • There is no doubt that wireless technologies are popular electromagnetic-hypersensitivity syndrome(EHS). with consumers and businesses alike, but all of this requires It remains to be seen what additional exposures "smart an extensive infrastructure to function. Infrastructure typi- grid" or "smart meter" technology proposals to upgrade the cally consists of freestanding towers (either preexisting tow- electrical powerline transmission systems will entail regard- ers to which cell antennas can be mounted, or new towers ing total ambient RFR increases, but it will add another specifically built for cellular service), and myriad methods ubiquitous low-level layer. Some of the largest corporations of placing transceiving antennas near the service being on earth, notably Siemens and General Electric, are in- called for by users. This includes attaching antenna panels volved. Smart grids are being built out in some areas of the to the sides of buildings as well as roof-mountings; antennas U.S. and in.Canada and throughout Europe. That technology hidden inside church steeples, barn silos, elevator shafts, and plans to alter certain aspects of powerline utility metering any number of other "stealth sites." It also includes camou- from a wired system to a partially wireless one.The systems flaging towers to look like trees indigenous to areas where require a combination of wireless transmitters attached to they are placed, e.g., pine trees in northern climates, cacti 7 CTIA website: http://www.ctia.org/advocay/researelVindex.cfm/A[D/10385. (Accessed 9 December 2008.) Published by NRC Research Press 372 Environ. Rev.Vol. 18, 2010 in deserts, and palm trees in temperate zones, or as chim- lines, require infrastructure approximately every 1 to 3 miles neys, flagpoles, silos, or other tall structures (Rinebold apart. Digital signals work on a binary method, mimicking a 2001). Often the rationale for stealth antenna placement or wave that allows any frequency to be split in several ways, camouflaging of towers is based on the aesthetic concerns thereby carrying more information far beyond just voice of host communities. messages. An aesthetic emphasis is often the only perceived control Today's 3G network can send photos and download music of a municipality, particularly in countries like America and video directly onto a cell phone screen or iPod. The where there is an overriding federal preemption that pre- new 4G systems digitize and recycle some of the older fre- cludes taking the "environmental effects" of RFR into con- quencies in the 700 to 875 MHz bands to create another sideration in cell tower siting as stipulated in Section 704 of service for wireless Internet access. The 4G network does The Telecommunications Act of 1996 (USFCC 1996). Citi- not require a customer who wants to log on wirelessly to lo- zen resistance, however, is most often based on health con- cate a "hot spot" as is the case with private Wi-Fi systems. terns regarding the safety of RFR exposures to those who Today's Wi-Fi uses a network of small antennas, creating live near the infrastructure. Many citizens, especially those coverage of a small area of 100 ft (-30 m) or so at homes who claim to be hypersensitive to electromagnetic fields, or businesses. Wi-fi can also create a small wireless com- state they would rather know where the antennas are and puter system in a school where they are often called wireless that hiding them greatly complicates society's ability to local area networks (WLANs).Whole cities can make Wi-Fi monitor for safety.s available by mounting antennas to utility poles. Industry representatives try to reassure communities that Large-scale Wi-Fi systems have come under increasing facilities are many orders of magnitude below what is al- opposition from citizens concerned about health issues who lowed for exposure by standards-setting boards and studies have legally blocked such installations (Antenna Free bear that out (Cooper et al. 2006; Henderson and Bangay Union9). Small-scale Wi-Fi has also come under more scru- 2006; Bornkessel et al. 2007). These include standards by tiny as governments in France and throughout.Europe have the International Commission on Non-Ionizing Radiation banned such installations in libraries and schools, based on Protection (ICNIRP) used throughout Europe, Canada, and precautionary principles (REFLEX Program 2004). elsewhere (ICNIRP 1998). The standards currently adopted by the U.S. FCC, which uses a two-tiered system of recom- 3. Cell towers in perspective., some mendations put out by the National Council on Radiation Protection (NCRP) for civilian exposures (referred to as un- controlled environments), and the International Electricians Cell towers are considered low-power installations when and Electronics Engineers (IEEE) for professional exposures compared to many other commercial uses of radiofrequency (referred to as controlled environments) (U.S. FCC 1997). energy.Wireless transmission for radio, television (TV), sat- The U.S. may eventually adopt standards closer to ICNIRP. elute communications, police and military radar, federal The current U.S. standards are more protective than IC- homeland security systems, emergency response networks, NIRP's in some frequency ranges so any harmonization to- and many other applications all emit RFR, sometimes at. ward the ICNIRP standards will make the U.S. limits more millions of watts of effective radiated power(ERP).Cellular lenient. facilities, by contrast, use a few hundred watts of ERP per All of the standards currently in place are based on RFRs channel, depending on the use being called for at any given ability to heat tissue, called thermal effects. A longstanding time and the number of service providers co-located at any criticism, going back to the 1950s (Levitt 1995), is that such given tower. acute heating effects do not take potentially more subtle No matter what the use, once emitted, RFR travels non-thermal effects into consideration. And based on the through space at the speed of light and oscillates during number of citizens who have tried to stop cell towers from propagation. The number of times the wave oscillates in being installed in their neighborhoods, laypeople in many one second deterrnines its frequency. countries do not find adherence to exisitng standards valid Radiofrequency radiation covers a large segment of the in addressing health concerns. Therefore, infrastructure sit- electromagnetic spectrum and falls within the nonionizing ing does not have the confidence of the public(Levitt 1998). bands. Its frequency ranges between 10 kHz to 300 GHz; 1 Hz= I oscillation per second; 1 kHz= 1000 Hz; 1 MHz= 2. A changing industry 1000 000 Hz; and 1 GHz= 1000 000000 Hz. Cellular phone technology has changed significantly over Different frequencies of RFR are used in different appli- the last two decades. The first wireless systems began in the cations. Some examples include the frequency range of 540 mid-1980s and used analog signals in the 850-900 MHz to 1600 kHz used in AM radio transmission; and 76 to range. Because those wavelengths were longer, infrastruc- 108 MHz used for FM radio. Cell-phone technology uses ture was needed on average every 8 to 10 miles apart. Then frequencies between 800 MHz and 3 GHz. The RFR of came the digital personal communications systems (PCS) in 2450 MHz is used in some Wi-Fi applications and micro- the late 1990s, which used higher frequencies, around wave cooking. 1900 GHz, and digitized signals. The PCS systems, using Any signal can be digitized. All of the new telecommuni- shorter wavelengths and with more stringent exposure guide- cations technologies are digitized and in the U.S., all TV is a See,for example,www.radiationresearch.org. (Accessed October 2010.) 9http://www.antennafreeunion.org/.(Accessed October 2010.) Published by NRC Research Press Levitt and Lai 373 broadcast in 100% digital formats — digital television model, at least in theory, there were only a handful of ani- (DTV) and high definition television (HDTV). The.old ana- mal studies that were used to determine the threshold values log TV signals, primarily in the 700 MHz ranges, will now of SAR for the setting of human exposure guidelines (de be recycled and relicensed for other applications to addi- L.orge and Ezell 1980; de Lorge 1984). (For further informa- tional users, creating additional layers of ambient exposures. tion see Section'8). Those values are still reflected in to- The intensity of RFR is generally measured and noted in day's standards. scientific Iiterature in watts per square meter (Wlm2); milli- It is presumed that by controlling the field strength from watts per square centimetre (mW/cm2), or microwatts per the transmitting source that SARs will automatically be con- square centimetre (µW/cm2). All are energy relationships trolled too, but this may not be true in all cases, especially that exist in space. However, biological effects depend on with far-field exposures such as near cell or broadcast tow- how much of the energy is absorbed in the body of a living ers. Actual measurement of SARs is very difficult in real organism, not just what exists in space. life so measurements of electric and magnetic fields are used as surrogates because they are easier to assess. In fact, 4. Specific absorption rate (SAR) it is impossible to conduct SAR measurements in living or- ganisms so all values are inferred from dead animal meas- Absorption of RFR depends on many factors including the urements (thermography, calorimetry, etc.), phantom transmission frequency and the power density, one's dis- models, or computer simulation (FDTD). . tance from the radiating source, and one's orientation to- However, according to the Scientific Committee on ward the radiation of the system. Other factors include the Emerging and Newly Identified Health Risks (SCENIHR) size, shape, mineral and water content of an organism. Chil- Health Effects of Exposure to EMF, released in January of dren absorb energy differently than adults because of differ- 2009: ences in their anatomies and tissue composition. Children are not just "little adults".For this reason, and because their bodies are still developing, children may be more suscepti- .••recent studies of whole body plane wave exposure of ble to damage from cell phone radiation. For instance, radi- both adult and children phantoms demonstrated that when children and small persons are exposed to levels which ation from a cell phone penetrates deeper into the head of are in compliance with reference levels, exceeding the children (Gandhi et al. 1996; Wiart et al. 2008) and certain basic restrictions cannot be excluded [Dimbylow and tissues of a child's head, e.g., the bone marrow and the eye, Bloch 2007; Wang et al. 2006; Kuhn et al., 2007; Had- absorb significantly more energy than those in an adult head jem et al., 2007). While the whole frequency range has (Christ et al. 2010). The same can be presumed for proxim- been investigated, such effects -were found in the fre- ity to towers, even though exposure will be lower from tow- quency bands around 100 MHz and also around 2 GHz. ers under most circumstances than from cell phones. This is For a model of a 5-year-old child it has been shown that because of the distance from the source.The transmitter is when the phantom is exposed to electromagnetic fields at placed directly against the head during cell phone use reference levels, the basic restrictions were exceeded by whereas proximity to a cell tower will be an ambient expo- 40% [Conil et al., 20081.... Moreover, a few studies de- monstrated that multipath exposure can lead to higher ex- posure levels compared to plane wave exposure[Neubauer There is little difference between cell phones and the do- et al.2006;Vermeeren et al. 20071.It is important to rea- mestic cordless phones used today. Both use similar fre- lize that this issue refers to far field exposure only, for quencies and involve a transmitter placed against the head. which the actual exposure levels are orders of magnitude But the newer digitally enhanced cordless technology below existing guidelines.(p.34-35,SCENIHR 2009) (DECT) cordless domestic phones transmit a constant signal In addition to average SARs, there are indications that bi- even when the phone is not in use, unlike the older domestic ological effects may also depend on how energy is actually cordless phones. But some DECT brands are available that .deposited in the body. Different propagation characteristics stop transmission if the mobile units are placed in their such as modulation, or different wave-forms and shapes, docking station. may have different effects on living systems. For example, The term used to describe the absorption of RFR in the the same amount of energy can be delivered to tissue contin- body is specific absorption rate (SAR), which is the rate of uously or in short pulses. Different biological effects may energy that is actually absorbed by a unit of tissue. Specific result depending on the type and duration of the exposure. absorption rates (SARs) are generally expressed in watts per kilogram (W/kg) of tissue.The SAR measurements are aver- rte, Transmission facilities aged either over the whole body, or over a small volume of tissue, typically between 1 and 10 g of tissue. The SAR is The intensity of RFR decreases rapidly with the distance used to quantify energy absorption to fields typically be- from the emitting source; therefore, exposure to RFR from tween 100 kHz and 10 GHz and encompasses RFR from de- transmission towers is often of low intensity depending on vices such as cellular phones up through diagnostic MRI one's proximity. But intensity is not the only factor. Living (magnetic resonance imaging). near a facility will involve long-duration exposures, some- Specific absorption rates are a more reliable determinant times for years, at many hours per day. People working at and index of RFR's biological effects than are power den- home or the infirm can experience low-level 24 h exposures. sity, or the intensity of the field in space, because SARs re- Nighttimes alone will create 8 h continuous exposures. The. flect what is actually being absorbed rather than the energy current standards for both ICNIRP, IEEE and the NCRP in space. However, while SARs may be a more precise (adopted by the U.S. FCC) are for whole-body exposures Published by NRC Research Press 374 Err*on. Rev.Vol. 18, 2010 averaged over a short duration (minutes) and are based on 7. Biological effects at low intensities results from short-term exposure studies, not for long-term, Many biological effects have been documented at very low-level exposures such as those experienced by people low intensities comparable to what the population experien- living or working near transmitting facilities. For such popu- ces within 200 to 500 ft (-60-150 m) of a cell tower, in- lations, these can be involuntary exposures, unlike cell cluding effects that occurred in studies of cell cultures and phones where user choice is involved. animals after exposures to low-intensity RFR. Effects re- There have been some recent attempts to quantify human ported include: genetic, growth, and reproductive; increases SARs in proximity to cell towers but these are primarily for in permeability of the blood—brain barrier; behavioral; mo- occupational exposures in close proximity to the sources and lecular, cellular, and metabolic; and increases in cancer risk. questions raised were dosimetry-based regarding the accu- Some examples are as follows: racy of antenna modeling (van Wyk et al. 2005). In one study by Martfnez-Btirdalo et al. (2005) however, the re- Dutta et al. (1989) reported an increase in calcium efflux searchers used high-resolution human body models placed in human neuroblastoma cells after exposure to RFR at at different distances to assess SARs in worst-case exposures 0.005 W/kg. Calcium is an important component in nor- to three different frequencies —900, 1800, and 2170 MHz. nor- mal cellular functions. Their focus was to compute whole-body averaged SARs at a e Fesenko et al.(1999)reported a change in immunological maximum 10 g averaged SAR inside the exposed model. functions in mice after exposure to RFR at a power den- sity of 0.001 MW/cm They concluded that for . e Magras and Xenos (1997) reported a decrease in repro- ... antenna—body distances in the near zone of the an- ductive function in mice exposed to RFR at power densi- ties of 0.000168-0.001053 mW/cm2. tenna,the fact that averaged field values are below refer- * Foxgacs et al. (2006) reported an increase in serum tes- ence levels, could, at certain frequencies, not guarantee guidelines compliance based on basic restrictions. tosterone levels in rats exposed to GSM (global system (p.4125,Martinez-B6rdalo et al.2005) for mobile communication)-like RFR at SAR of 0.018— 0.025 W/kg. This raises questions about the basic validity of predict- 0.025 et al. (1997) reported an increase in the perme- ing SARs in real-life exposure situations or compliance to ability of the blood—brain barrier in mice exposed to guidelines according to standard modeling methods, at least RFR at 0.0004-0.008 W/kg. The blood—brain barrier is a when one is very close to an antenna. physiological mechanism that protects the brain from Thus, the relevant questions for the general population toxic substances, bacteria, and viruses. living or working near transmitting facilities are: Do biolog- ® Phillips et al. (1998) reported DNA damage in cells ex- ical and (or) health effects occur after exposure to low- posed to RFR at SAR of 0.0024-0.024 W/kg. intensity RFR? Do effects accumulate over time, since the ® Kesari and Behad (2009) also reported an increase in exposure is of a long duration and may be intermittent? What precisely is the definition of low-intensity RFR?What DNA strand breaks 0 brain cells of rats after exposure might its biological effects be and what does the science tell to RFR at SAR of 09) re orted us about.such exposures? e Belyaev et al. (2009} reported changes in DNA repair mechanisms after RFR exposure at a SAR of 0.0037 W/kg. A list of publications reporting biological and (or) health 6. Government radiofrequency radiation effects of low-intensity RFR exposure is in Table 1. (RFR) guidelines, how spatial energy Out of the 56 papers in the list, 37 provided the SAR of ex- -` translates to the body's absorption posure. The average SAR of these studies at which biologi- ? The U.S. FCC has issued guidelines for both power den- cal effects occurred is 0.022 W/kg — a finding below the 'r sity and SARs. For power density, the U.S. guidelines are current standards. between 0.2-1A mW/cm2. For cell phones, SAR levels re- ten years ago, there were only about a dozen studies re quire hand-held devices to be at or below 1.6 W/kg meas- Porting such low-intensity effects; currently, there are more than 60. This body of work cannot be ignored. These are i ured over 1.0 g of tissue. For whole body exposures, the important findings with implications for anyone living or limit is 0.08 W/kg. . working near a transmitting facility. However, again, most ` In most European countries, the SAR limit for hand-held of the studies in the list are on short-term (minutes to hours) devices is 2.0 W/kg averaged over 10 g of tissue. Whole exposure to low-intensity RFR. Long-term exposure studies body exposure limits are 0.08 W/kg. are sparse. In addition, we do not know if all of these re- At 100-200 ft (-30-60 m) from a cell phone base sta- ported effects occur in humans exposed to low-intensity lion, a person can be exposed to a power density of 0.001 RFR, or whether the reported effects are health hazards. mW/cm2 (i.e., 1.0 wW/cm2). The SAR at such a distance Biological effects do not automatically mean adverse.health can be 0.001 W/kg (i.e., 1.0 mW/kg). The U.S. guidelines effects, plus many biological effects are reversible. How- for SARs are between 0.08-0.40 W/kg. ever, it is clear that low-intensity RFR is not biologically For the purposes of this paper, we will define low-intensity inert. Clearly, more needs to be learned before a presump- exposure to RFR of power density of 0.001 mW/cm2 or a tion of safety can continue to be made regarding placement' SAR of 0.001 W/kg. of antenna arrays near the population, as is the case today. Published by NRC Research Press Levitt and Lai 375 ID 3 a O 8 u :.. U .0 0 a q 'a o ; d O o bq o 0 o o � 4)H ?�H °� x 78 w C4 41 0 N. cd U.� U•� O g0 �� . � ,� ci • °> nib o d 'ono o H w a p . o q 0,C) N ct o c�o- U Z U va:o o H � A U A w O U w `� r. U O q r. H o N O N in 00 kn 00 O O O O O O O O O V) O O O O O O O O a tW q N h a N d a) p O q .L' .q vi• y, • 1 O G aq �y H CD h U q F1j y I b ° 'c� iq w•-+ p w O q � .b 0 A O .�.� O O O y ti V] V) � � O V2 q•-� q•-a Vj vl G w U C7 C7 UU Y O U q N H x rn '•+w 00 q 00 N W N I 5 x 0 0 0 � 00 v v� 0 0 0 > .� C7 � r o 0 0 p H 00 M 0\ O O O O O �-+ d" �+ 00 00 00 M:a bq o y yy o .f7 ��❑y! 'O > ON Vr O� O0 v'ci O •� O oD •� bA �D•b .ai O O .=1 O �--� O 00 q O O p C) 0 0 00 00.o ri rn rn u o.00n 0 0 a v W o v v cl ° 3 � o 3 3 x m as r� W W U U U b Q A A w w U + `' Published by NRC Research Press 376 Environ. Rev.Vol. 18, 2010 n y o °per Q 0 Cd p o .5 N O H O O{`'U o,b Ul O J O 0 ce A ° 0 0 o 0 C.) 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H °b H •d^8 .�.. d�R!!'�° Ga •afO a �•W °°° � av' A n°o ° O v � N ovOi'l> a�° N 'A O � g o M C� p 8 Ed p > cl N p o °? 8 v > > > Z SZZ Z 3 %= Published by NRC Research Press Levitt and Lai 377 O V ro ro N N `� c� ytl I m y .j cd•Lq) tg 4`•+ .Oi� .r: O •� O �. C7 p .� � N ,� u0. N u y �,.., ❑ u ,., N bD q �cay Q��' .0 m ro �' w 0 0 o.� q -0 Al 0 bn op, 0 'D ,` .O u w U Id U 5 °� n.0 q > ° u ro > �� aro wvn c> o o o > 0.0 >�o a"i � a� a � � � ab 0 � A.0-0 o O -0 2 0 y 9 0\ .-u-+ q p° U> 0 o a vN N Z x U C7 .N q 3 � O $ o C° o° °o C. ° o o Co o o a O O O O O O O O O O 2 O F [ti c! O T G •� d a} v 1 O ro 'i7 P u o ro q 0° o N x rn O G � ° 'a^1"O F.^ O w y 0 q tiC dO�iO Fi Fi0 �D E+ p0,0 O W U C7 U U o0 U R Cl o Q p U` N U U U o U y F P U N O O O in N 0pp0 .00 00 m In CI' y O Cl O 'd' W-1 m O O to v) O �n W rn C Q 00 C. o\ 00 00 N 0� C� D\ o\ 00 N N _ _ O ° N O O ° .l o t3 0^0 o o> > 0 >> 0 0�,ro o °�'.n a` y .°q 0�0'° O'-flo 0 m0>-,00 °� O ool o � nOi oa F :° o v1) cO va PubiiAed by NRC Research Press 378 EmAron. Rev.Vol. 18, 2010. b o o v I'o 4)0 cd a o N a an a a0i r� � y 'cd �p x X w O 0 0 O cl v W C7 w A w rya U w x v > o �F ^ N M U O bD O O p r" 0 CJ O O O d d O C) O Cj ti U C. O °� 00 E N o ° u ba ° atii v N � o.S w N k; ° �� � d [� z d M W - � �ti d N ,'�-+ 'r1' N jai v•� O D U N R7 N cl > O V7 N 2 0 x 3 i �x �� ° j cd a�i o q^� m E- M V)Ln Cv7 p 3 y v° &, U vx n w C-0 30 N v O N 00 p A N N N"E N vi 0 O OO d. OOO � -.04 O O �O d d d d' >N w oo rn r rn rn rnrnrnrn _ p 0 o 0 > 0 > v = > Cq ^� A 'tl ON '� v O�• a� O ai � .t D\ v. O v ° a A 8 b a� a3i y ° v o ; o H y° ra H > Published by NRC Research Press Levitt and Lai 379 8. Long-term exposures and cumulative occurred after 30-60 minutes of exposure and when body effects temperature increased by 1°C" (de Lorge 1984). Based on just these two experiments,4 W/kg has been used in the set- There,are many important gaps in the RFR research. The ling of the present RFR exposure guidelines for humans. majority of the studies on RFR have been conducted with With theoretical safety margins added, the limit for occupa- short-term exposures, i.e., a few minutes to several hours. tional exposure was then set at 0.4 W/kg (i.e., 1/10 of the Little is known about the effects of long-term exposure SAR where effects were observed) and for public exposure such as would be experienced by people living near tele- 0.08 W/kg for whole body exposures (i.e.,.1/5 of that of oc- communications installations, especially with exposures cupational exposure). spanning months or years. The.important questions then But the relevant question for establishing a human SAR are: What are the effects of long-term exposure?Does long- remains: Is this standard adequate, based on so little data, term exposure produce different effects from short-term ex- primarily extrapolated from a-handful of animal studies posure? Do effects accumulate over time? from the same investigators? The de Lorge (1984) animal There is some evidence of cumulative effects. Phillips et studies noted previously describe effects of short-term expo- al. (1998)reported DNA damage in cells after 24 h exposure sures, defined as less than one hour. But are they compara- to low-intensity RFR. DNA damage can lead to gene muta- ble to long-term exposures like what whole populations tion that accumulates over time. Magras and Xenos (1997) experience when living or working near transmitting facilities? reported that mice exposed to low-intensity RFR became Two series of experiments were conducted in 1986 on the less reproductive. After five generations of exposure the effects of long-term exposure. D'Andrea et al. (1986a) ex- nice were not able to produce offspring. This shows that posed rats to 2450 MHz RFR for 7 h a day, 7 days per the effects of RFR can pass from one generation to another. week for 14 weeks. They reported a disruption of behavior Persson et al. (1997) reported an increase in permeability of at an SAR of 0.7 W/kg. And D'Andrea et al. (1986b) also the blood-brain barrier in mice when the energy deposited exposed rats to 2450 MHz RFR for 7 h a day, 7 days• per in the body exceeded 1.5 J/kg (joule per kilogram) — a week, for 90 days at an SAR of 0.14 W/kg and found a measurement of the total amount of energy deposited. This small but significant disruption in behavior. The experiment- suggests that a short-term, high-intensity exposure can pro- ers concluded, ".., the threshold for behavioral and physio- duce the same effect as a long-term, low-intensity exposure, logical effects of chronic (long-term) RFR exposure in the rat and is another indication that RFR effects can accumulate occurs between 0.5 mW/cm2 (0.14 W/kg) and 2.5 mW/cm2 over time. (0.7 W/kg)" (p. 55,D'Andrea et al. 1986b). In addition, there is some indication that test animals be- The previously mentioned studies show that RFR can pro- come more sensitive to radiation after long-term exposure as duce effects at much lower intensities after test animals are seen in two of the critical experiments that contributed to repeatedly exposed. This may have implications for people the present SAR standards, called the "behavior-disruption exposed to RFR from transmission towers for long periods experiments" carried out in the 1980s. of time. In the first experiment, de Lorge and Ezell (1980) trained Other biological outcomes have also been reported after rats on an auditory observing-response task. In the task, an long-term exposure to RFR. Effects were observed by Bar- animal was presented with two bars. Pressing the right bar anski (1972) and Takashima et al. (1979) after prolonged, would produce either a low-pitch or a high-pitch tone for repeated exposure but not after short-term exposure. Con- half a second. The low-pitch tone signaled an unrewarded versely, in other work by Johnson et al. (1983), and Lai et situation and the animal was expected to do nothing. How- al. (1987, 1992) effects that were observed after short-term ever, when the high-pitch tone was on,pressing the left bar exposure disappeared after prolonged, repeated exposure, would produce a food reward. Thus, the task required con- i.e., habituation occurred. Different effects were observed tinuous vigilance in which an animal had to coordinate its by Dumansky and Shandala (1974) and Lai et al. (1989) motor responses according to the stimulus presented to get after different exposure durations. The conclusion from this a reward by choosing between a high-pitch or low-pitch body of work is that effects of long-term exposure can be tone. After learning the task, rats were then irradiated with quite different from those of.short-term exposure. 1280 MHz or 5620 MHz RFR during performance. Disrup- Since most studies with RFR are short-term exposure tion of behavior (i.e., the rats could not perform very well) studies, it is not valid to use their results to set guidelines was observed within 30-60 min of exposure at a SAR of for long-term exposures, such as in populations living or 3.75 W/kg for 1280 MHz, and 4.9 W/kg for 5620 MHz. working near cell phone base stations. In another experiment, de Lorge (1984) trained monkeys on a similar auditory observing response task. Monkeys were 8. Effects below 4 Wlkge thermal versus exposed to RFR at 225, 1300, and 5800 MHz. Disruption of performance was observed at 8.1 mW/cm2 (SAR 3.2 W/kg) nonthermal for 225 MHz; at 57 mW/cm2 (SAR 7.4 W/kg) for As described previously, current international RFR expo- 1300 MHz; and at 140 mW/cm2 (SAR 4.3 W/kg) for sure standards are based mainly on the acute exposure ex- 5800 MHz. The disruption occurred when body temperature periments that showed disruption of behavior at 4 W/kg. was increased by VC. However, such a basis is not scientifically valid. There are The conclusion from these experiments was that many studies that show biological effects at SARs less than "... disruption of behavior occurred when an animal was 4 W/kg after short-term exposures to RFR. For example, exposed at an SAR of approximately 4 W/kg, and disruption since the 4 W/kg originated from psychological and (or) be Published by NRC Research Press 380 Environ. Rev.Vol. 18,2010 havioral experiments, when one surveys the EMF literature ductive over several generations. •"Hot spots" of heating on behavioral effects, one can find many reports on behavio- move within the body when the subject moves in the field ral effects observed at SARs less than 4 W/kg, e.g., and,thus,cannot maintain sustained heating of certain tissue. D'Andrea et al. (1986a) at 0.14 to 0.7 W/kg; DeWitt et al. The counter argument for point 2 is that heating by other (1987) at 0.14 W/kg; Gage (1979) at 3 W/kg ; King et al. means does not produce the same pattern of energy distribu- (1971) at 2.4 W/kg; Kumlin et al. (2007) at 3 W/kg; Lai et tion as RFR.Thus,different effects would result. Again, this �., al. (1989) at 0.6 W/kg; Mitchell et al. (1977) at 2.3 W/kg counter argument does not work on moving objects. Thus, (1977); Navakatikian and Tomashevskaya (1994) at 0.027 results supporting the third point are the most compelling. W/kg; Nittby et al. (2008) at 0.06 W/kg; Schrot et al. (1980) at 0.7 W/kg; Thomas et al. (1975) at 1.5 to 2.7 W/kg; and 10. Studies On exposure to cell tower Wang and Lai (2000) at 1.2 W/kg. The obvious mechanism of effects of RFR is thermal (i.e., tranSrissipns tissue heating).However, for decades, there have been ques- From the early genesis of cell phone technology in the tions about whether nonthermal (i.e., not dependent on a early 1980s, cell towers were presumed safe when located change in temperature) effects exist.This is a well-discussed near populated areas because they are low-power installa- area in the scientific literature and not the focus of this pa- tions in comparison with broadcast towers. This thinking al- per but we would like to mention it briefly because it has ready depended on the assumption that broadcast towers implications for public safety near transmission facilities. were safe if kept below certain limits. Therefore, the reason- Practically, we do not actually need to know whether ing went, cell towers would be safer still. The thinking also RFR effects are thermal or nonthermal to set exposure assumed that exposures between cell and broadcast towers guidelines. Most of the biological-effects studies of RFR were comparable. In certain cities, cell and broadcast tower that have been conducted since the 1980s were under non- transmissions both contributed significantly to the ambient thermal conditions. In studies using isolated cells, the ambi- levels of RFR(Sirav and Seyhan 2009; Joseph et al. 2010). ent temperature during exposure was generally well There are several fallacies in this thinking, including the controlled. In most animal studies, the RFR intensity used fact that broadcast exposures have been found unsafe even usually did not cause a significant increase in body temper- at regulated thresholds. Adverse effects have been noted for ature in the test animals. Most scientists consider nonther- significant increases for all cancers in both men and women mal effects as established, even though the implications are living near broadcast towers (Henderson and Anderson not fully understood. 1986); childhood leukemia clusters (Maskarinec et al. 1994; Scientifically, there are three rationales for the existence Ha et al. 2003; Park et al. 2004); adult leukemia and lym- of nonthermal effects: phoma clusters, and elevated rates of mental illness 1. Effects can occur at low intensities when a significant in- (Hocking et al. 1996; Michelozzi et al. 2002; Ha et al. crease in temperature is not likely. 2007); elevated brain tumor incidence (Dolk et al. 1997a, 2. Heating does not produce the same effects as RFR expo- 1997b); sleep disorders, decreased concentration, anxiety, sure. elevated blood pressure, headaches, memory impairment, in- 3. RFR with different.modulations and characteristics pro- creased white cell counts, and decreased lung function in duce different effects even though they may produce the children (Altpeter et al. 2000); motor, memory, and learning same pattern of SAR distribution and tissue heating. impairment in children (Kolodynski and Kolodynski 1996), Low-intensityeffects have been discussed previously (see nonlinear increases in brain tumor incidence (Colorado De- Section 7.). There are reports that RFR triggers effects that partment of Public Health •2004); increases in malignant are different from an increase in temperature; e.g., Wachtel melanoma (Hallberg and Johansson 2002); and nonlinear et al. (1975); Seaman and Wachtel (1978); D'Inzeo et al. immune system changes in women (Boscol et al. 2001). (1988). And studies showing that RFR of the same fre- (The term "nonlinear" is used in scientific literature to quency and intensity, but with different modulations and mean that an effect was not directly proportional to the in- waveforms, can produce 'different effects as seen in the tensity of exposure. In the case of the two studies mentioned work of Baranski (1972); Arber and Lin (1985); Campisi et previously, adverse effects were found at significant distan- al. (2010); d'Ambrosio et al. (2002); Frey et al. (1975); Os- ces from the towers, not in closer proximity where the car and Hawkins (1977); Sanders et al. (1985); Huber et al. power density exposures were higher and therefore pre- (2002); Markkanen et al. (2004); Hung et al. (2007); and sumed to have a greater chance of causing effects. This is Luukkonen et al. (2009). something that often comes up in-low-level energy studies A counter-argument for point 1 is that RFR can cause mi- and adds credence to the argument that low-level exposures cro-heating at a small location even though there is no could cause qualitatively different effects than higher level measurement change in temperature over the whole sample. exposures.) This implies that an effect observed at low intensities could There is also anecdotal evidence in Europe that some com- be due to localized micro-heating, and, therefore, is still munities have experienced adverse physical reactions after considered thermal. However, the micro=heating theory the switch from analog TV broadcast signals to the new could not apply to test subjects that are not stationary, such digital formats, which can be more biologically complex as in the case of Magras and Xenos (1997) who reported Three doctors in Germany, Cornelia Waldmann-Selsam, that mice exposed to low-intensity RFR became less repro- MD, Christine Aschermann, MD, and Markus Kern, MD, Published by NRC Research Press Levitt and Lai 381 wrote (in a,letter to the U.S. President, entitled Warning — than 300 in (approximately 1000 ft) or not exposed to base Adverse Health Effects From Digital.broadcast Television)10, stations. They controlled for age, presence of electrical that on 20 May 2006, two digital broadcast television sta- transformers (<10 m), high tension lines (<100 m), and Lions went on the air in the Hessian Rhoen area. Prior to radio/TV broadcast transmitters (<4 km), the frequency that time that area had low radiation levels, which included of cell phone use (>20 min per day), and computer use that from.cell phone towers of which there were few. How- (>2 h per day). Questions also included residents' location ever, coinciding with the introduction of the digital signals, in relation to antennas, taking into account orientations that within a radius of more than 20 km, there was an abrupt on- were facing, beside, behind, or beneath antennas in cases of set of symptoms.for constant headaches, pressure in the roof-mounted antenna arrays. Exposure conditions were head, drowsiness, sleep problems, inability to think clearly, defined by the length of time living in the neighborhood forgetfulness, nervousness, irritability, tightness in the chest, (<1 year through >5 years); the number of days per week rapid heartbeat, shortness of breath, depression, apathy, loss and hours per day(<I h to>16 h)that were spent in the res- of empathy, burning skin, sense of inner burning, leg weak- idence. ness, pain in the limbs,.stabbing pain in various organs, and Results indicated increased symptoms and complaints the weight gain. They also noted that birds fled the area. The closer a person lived to a tower. At <10 m, symptoms in- same symptoms gradually appeared in other locations after cluded nausea, loss of appetite, visual disruptions, and diffi- digital signals were introduced. Some physicians accompa- culty in moving. Significant differences were observed up nied affected people to areas where there was no TV recep- through 100 in for irritability, depressive tendencies, con- tion from terrestrial sources, such as in valleys or behind centration difficulties, memory loss, dizziness, and lower li- mountain ranges, and observed that many people became bido. Between 100 and 200 m, symptoms included symptom free after only a short time. The digital systems headaches, sleep disruption, feelings of discomfort, and skin also require more transmitters than the older analog systems problems. Beyond 200 m, fatigue was significantly reported and, therefore,somewhat higher exposure levels to the general more often than in controls. Women significantly reported population are expected, according to the 2009 SCENIHIZ symptoms more'often than men, except for libido loss. Report(SCENIHR 2009). There was no increase in premature menopause in women Whether digital or analog, the frequencies differ between in relation to distance from towers. The authors concluded broadcast and cell antennas and do not couple with the hu- that there were different sex-dependent sensitivities to elec- man anatomy in whole-body or organ-specific models in the tromagnetic fields. They also called for infrastructure not to same ways (NCRP 1986; ICNIRP 1998). This difference in be sited <300 m(-1000 ft) from populations for precaution- how the body absorbs energy is the reason that all standards- ary purposes, and noted that the information their survey setting organizations have the strictest limitations between captured might not apply to all circumstances since actual 30-300 MHz—ranges that encompass FM broadcast where exposures depend on the volume of calls being generated whole body resonance occurs (Cleveland 2001). Exposure from any particular tower, as well as on how radiowaves allowances are more lenient for cell technology in frequency are reflected by environmental factors. ranges between 300 MHz and 3 GHz, which encompass cel- Similar results were found in Egypt by Abdel-Rassoul et lular phone technology. This is based on the assumption that al. (2007) looking to identify neurobehavioral deficits in the cell frequencies do not penetrate the body as deeply and people living near cell phone base stations.Researchers con- no whole-body resonance can occur. ducted a cross-sectional study of 85 subjects: 37 living in- There are some studies on the health effects on people side a building where antennas were mounted on the living near cell phone towers. Though cell technology has rooftop and 48 agricultural directorate employees who been in existence since the late 1980s, the first study of pop- worked in a building (-10 m) opposite the station. A con- ulations near cell tower base stations was only conducted by trol group of 80 who did not live near base stations were Santini et al. (2002). It was prompted in part by complaints matched for age, sex, occupation, smoking, cell phone use, of adverse effects experienced by residents living near cell and educational level. All participants completed a question- base stations throughout the world and increased activism naire containing personal, educational, and medical histories; by citizens. As well, increasing concerns by physicians to general and neurological examinations; a neurobehavioral understand those complaints was reflected in professional test battery (NBTB) involving tests for visuomotor speed, organizations like the ICEMS (International Committee on problem solving, attention, and memory, in addition to a Electromagnetic Safety) Catania Resolution11, the Irish Doc- Eysenck personality questionnaire-(EPQ). tors Environmental Association (IDEA)12, and the Freibur- Their results found a prevalence of neuropsychiatric com- ger Appeal13. plaints: headaches, memory changes, dizziness, tremors, de- Santini conducted a survey study of 530 people(270 men, pressive symptoms, and sleep disturbance were significantly 260 women) on 18 nonspecific health symptoms (NSHS) in higher among exposed inhabitants than controls. The NBTB relation to self-reported distance from towers of<10m., 10 indicated that the exposed inhabitants exhibited a signifi- to 50 m,.50 to 100 m, 100 to 200 m, 200 to 300 m, and cantly lower performance than controls in one of the tests >300 m. The control group compared people living more of attention and short-term auditory memory (paced auditory 'Ohttp://www.notanotherconspiracy.conV2009/02/warning-adverse-health-effects-from.htnil. (Accessed October 2010.) 11 http://www.icems.eu/resolution.htm 12 http://www.ideeaireland.org/emr.htm 13 http://www.laleva.cc%nvironment/fTeiburger_appeal.hbyd Published by NRC Research Press 382 Envlron. Rev.Vol. 18,2010 serial addition test (PASAT)). Also,the inhabitants opposite functions; and the fact that some people simply give very the station exhibited a lower performance in the problem- negative answers. solving test (block design) than those who lived under the Hutter's results were similar to those of Santini et al. station. All inhabitants exhibited a better performance in the (2002) and Abdel-Rassoul et al. (2007). Hutter found a sig- two tests of visuomotor speed (digit symbol and Trailmak- nificant relationship between symptoms and power densities. ing.B) and one test of attention (Traiimaking A) than con- Adverse effects were highest for headaches, cold hands and trols. feet, cardiovascular symptoms, and concentration difficul- Environmental power-density data were taken from mews- ties. Perceptual speed increased, while accuracy decreased urements of that building done by the National Telecommu- insignificantly with increasing exposure levels. Unlike the nications Institute in 2000. Measurements were collected others,however,Hutter found no significant effects on sleep from the rooftop where the antennas were positioned, the quality and attributed such problems more to fear of adverse shelter that enclosed the electrical equipment and cables for effects than actual exposure. They concluded that effects on the antennas, other sites on the,roof, and within an apart- well-being and performance cannot be ruled out even as ment below one of the antennas. Power-density measure- mechanisms of action remain unknown.They further recom- ments ranged from 0.1-6.7 VW/cmz. No measurements mended that antenna siting should be done to minimize ex- were taken in the building across the street. The researchers posure to the population. noted that the last available measurements of RFR in 2002 Navarro et al. (2003) measured the broadband electric in that area were less than the allowable standards but also field (E-field) in the bedrooms of 97 participants in La noted that exposures depended on the number of calls being Nora, Murcia, Spain and found a significantly higher symp- made at any given time, and that the number of cell phone tom score in 9 out of 16 symptoms in the groups with an users had increased approximately four times within the exposure of 0.65 V/m (0.1121 VW/cm2) compared with the 2 years just before the beginning of their study in 2003. control group with an exposure below 0.2 V/m They concluded that inhabitants living near mobile phone (0.01061 µW/cm2),both as an average. The highest contrib- base stations are at risk for developing neuropsychiatric prob- utor to the exposure was GSM 900/1800 MHz signals from lems, as well as some changes in the performance of neuro- mobile telecommunications. The same researchers also re- behavioral functions, either by facilitation (over-stimulation) ported significant correlation coefficients between the meas- or inhibition (suppression). They recommended the stand- ured E-field and 14 out of 16 health-related symptoms with ards be revised for public exposure to RFR, and called for the five highest associations found for depressive tendencies, using the NBTB for regular assessment and..early detection fatigue, sleeping disorders, concentration difficulties, and of biological effects, among inhabitants near base stations cardiovascular problems. In a follow up work, Oberfeld et (Abdel-Rassoul et al. 2007). al. (2004)conducted a health survey in Spain in the vicinity Hutter et al. (2006) sought to determine cognitive of two GSM 900/1800 MHz cell phone base stations, meas- changes, sleep quality, and overall well-being in 365 rural uring the E-field in six bedrooms, and found similar results. They concluded that the symptoms are in line with and urban inhabitants who had lived for more than a year near 10 selected cell phone base stations. Distance from an- microwave syndrome,> reported in the literature (Johnson- near was 24 to 600 in in rural areas, and 20 to 250 in in Liakouris 1998). They recommended that the sum total for ambient exposures should not be higher than 0.02 V/m — the urban areas. Field strength measurements were taken in the equivalent of a power density of 0.00011 µ,W/cm2, bedrooms and cognitive tests were performed. Exposure to which is the indoor exposure value for GSM base stations high-frequency EMFs was lower than guidelines and ranged proposed by the Public Health Office of the Government of from 0.000002 to 0.14 VW/cm2 for all frequencies between Salzburg, Austria in 200214. 80 MHz and 2 GHz with the greater exposure coming from Eger et al. (2004) took up a challenge to medical profes- mobile telecommunications facilities, which was between sionals by Germany's radiation protection board to deter- 0.000001 and 0.14 ttW/cm2. Maximum levels were between mine if there was an increased cancer incidence in 0.000002 and 0.41 µW/cmz with an overall 5% of the esti- populations living near cell towers. Their study evaluated mated maximum above 0.1 µW/cmz. Average levels were data for approximately 1000 patients between the years of slightly higher in rural areas (0.005 µ,W/cm2) than in urban 1994 and 2004 who lived close to cell antennas. The results areas (0.002 p W/cmz). The researchers tried to ascertain if showed that the incidence of cancer was significantly higher the subjective rating of negative health consequences from among those patients who had lived for 5 to 10 years at a base stations acted as a covariable but found that most sub- distance of up to 400 m from a cell installation that had jects expressed no strong concerns about adverse effects been in operation since 1993, compared with those patients from the stations, with 65% and 61% in urban and rural living further away, and that the patients fell ill on an aver- areas, respectively, stating no concerns at all. But symptoms age of 8 years earlier than would be expected. In the years were generally higher for subjects who expressed health between 1999 and 2004, after 5 years operation of the trans- concerns regarding the towers. The researchers speculated mitting installation, the relative risk of getting cancer had that this was due to the subjects with health complaints tripled for residents in proximity of the installation com- seeking answers and consequently blaming the base station; pared with inhabitants outside of the area. or that subjects with concerns were more anxious in general Wolf and Wolf(2004) investigated increased cancer inci- and tended to give more negative appraisals of their body dence in populations living in a small area in Israel exposed 14http://www.salzburg.gv,at/umweltmedizin.(Accessed October 2010.) Published by NRC Research Press Levitt and Lai 383 to RFR from a cell tower.The antennas were mounted 10 in tion is concerned about such exposures, the observed higher high, transmitting at 850 MHz and 1500 W at.full-power health complaints cannot be attributed to those concerns output. People lived within a 350.m half circle of the anten- alone. nas. An epidemiologic assessment was done to determine Kristiansen et al. (2009) also explored the prevalence and whether the incidence of cancer cases among individuals ex- nature of concerns about mobile phone radiation, especially posed to the base station in the south section of the city of since the introduction of new 3G–UMTS (universal mobile Netanya called Irus (designated area A) differed from ex- telecommunications system) networks that require many pected cancer rates throughout Israel, and in the town.of Ne- more towers and antennas have sparked debate throughout tanya in general, as compared with people who lived in a Europe. Some local governments have prohibited mobile an- nearby area without a cell tower (designated area B). There tennas on public buildings due to concerns about cancer, es- were 622 participants in area A who had lived near the cell pecially brain cancer in children and impaired psychomotor tower for 3 to 7 years and were patients at one health clinic. functions.One aim of the researchers was risk assessment— The exposure began 1 year before the start of the study to compare people's perceptions of risk from cell phones when the station first came into service. A second cohort of and masts to other fears, such as being struck by lightening. individuals in area B, with 1222 participants who received In Denmark,they used data from a 2006 telephone survey of medical services at a different clinic located nearby, was 1004 people aged 15+years.They found that 28%of the re- used as a control. Area B was closely matched for environ- spondents were concerned about exposure to mobile phone ment, workplace, and occupational characteristics. In expo- radiation and 15% about radiation.from masts. In contrast, sure.area A, eight cases of different types of cancer were 82% of respondents were concerned about other forms of diagnosed in a period of 1 year, including cancers of the environmental pollution. Nearly half of the respondents con- ovary (1), breast (3), Hodgkins lymphoma (1), lung (1), os- sidered the mortality risk of 3G phones and masts to be of teoid osteoma (1), and hypernephroma (1). The RFR field the same order of magnitude as being struck by lightning measurements were also taken per house and matched to (0.1 fatalities per million people per year), while 7% thought the cancer incidents.The rate of cancers in area A was com- it was equivalent to tobacco-induced lung cancer (approxi- pared with the annual rate of the general population (31 mately 500 fatalities per million per year). Among women, cases per 10 000) and to incidence for the entire town of Ne- concerns about mobile phone radiation, perceived mobile tanya. There were two cancers in area B, compared to eight phone mortality risk, and concerns about unknown. conse- in area A. They also examined the history of the exposed quences of new technologies, increased with educational cohort(area A)for malignancies in the 5 years before expo- Levels. More than two thirds of the respondents felt that sure began and found only two cases in comparison to eight they had not received adequate public information about the cases 1 year after the tower went into service. The research- 3G system.The results of the study indicated that the major- ers concluded that relative cancer rates for females were ity of the survey population had little concern about mobile 10.5 for area A, 0.6 for area B, and 1.0 for the whole town phone radiation, while a minority is very concerned. of Netanya. Cancer incidence in women in area A was thus Angrier et al. (2009) examined the effects of short-term significantly higher (p <0.0001) compared with that of area GSM base station exposure on psychological symptoms in- B and the whole city. A comparison of the relative risk re- cluding good mood, alertness, and calmness as measured by vealed that there were'4.15 times more cases in area A than a standardized well-being questionnaire. Fifty-seven partici- in the entire population. The study indicated an association pants were randomly assigned to one of three different expo- between increased incidence of cancer and living in proxim- sure scenarios. Each of those scenarios subjected ity to a cell phone base station. The measured level of RFR, participants to five 50 min exposure sessions, with only the between 0.3 to 0.5 RW/cm2, was far below the thermal first four relevant for the study of psychological symptoms. guidelines. Three exposure levels were created by shielding devices, which could be installed or removed between sessions to 11. Risk perception; electrohypersensitivity, create double-blinded conditions. The overall median and psychological factors power densities were 0.00052 µ.W/cm2 during low expo- sures, 0.0154 [k W/cm2 during medium exposures, and Others have followed up on what role risk perception 0.2127 µW/cm2 during high-exposure sessions. Participants might play in populations near cell base stations to see if it in high- and medium-exposure scenarios were significantly is associated with health complaints. calmer during those sessions than participants in low-exposure Biettner et a1: (2008) conducted a cross-sectional, multi- scenarios throughout. However, no significant differences phase study in Germany. In the initial phase, 30 047 people between exposure . scenarios in the "good mood" or out of a total of 51444, who took part in a nationwide sur- "alertness" factors were found. The researchers concluded vey, were also asked about their health and attitudes towards that short-term exposure to GSM base station signals may mobile phone base stations. A list of 38 potential health have an impact on well-being by reducing psychological complaints were used. With a response rate of 58.6%, arousal. 18.0% were concerned about adverse health effects from Eltiti et al. (2007) looked into exposures to the GSM and base stations, 10.3% directly attributed personal adverse ef- UMTS exposures from base stations and the effects to 56 fects to them. It was found that people living within 500 m, participants who were self-reported as sensitive to electro- or those concerned about personal exposures, reported more magnetic fields. Some call it electro-hypersensitivity (EHS) health complaints than others. The authors concluded that or just electrosensitivity. People with EHS report that they even though a substantial proportion of the German popula- suffer negative health effects when exposed to electro- Published by NRC Research Press 384 En*on. Rev. Vol. 18, 2010 magnetic fields from everyday objects such as cell phones, 900 and 1800 MHz frequencies,each with a power flux den- mobile phone base stations, and many other common things sity of 0.5 µW/cm2, which resulted in combined power flux in modern societies. EHS is a recognized functional impair- density of 1 µW/cm2 over the area where test subjects were ment in Sweden. This study used both open provocation and seated. Previous measurements in 2002 by the National Ra- double-blind tests to determine if electrosensitive and con- diological Protection Board in the UK, measuring power trol individuals experienced more negative health effects density from base stations at 17 sites and 118 locations when exposed to base-station-like signals compared with (Mann et al. 2002), found that in general, the power flux sham exposures. Fifty-six electrosensitive and 120 control density was between 0.001 RW/cm2 to 0.1 µW/cm2, with participants were tested first in an open provocation test. Of the highest power density being 0.83 µ,W/cm2. The higher these, 12 electrosensitive and six controls withdrew after the exposure used by the researchers in this study was deemed first session. Some of the electrosensitive subjects later is- comparable by them to the maximum. exposure a person sued a statement saying that the initial exposures made would encounter in the real world.But many electrosensitive them too uncomfortable to continue participating in the individuals report that they react to much lower exposures study. This means that the study may have lost its most vul- too. Overall, the electrosensitive participants had a signifi- nerable test subjects right at the beginning,possibly skewing cantly higher level of mean skin conductance than control later outcomes.The remainder completed a series of double- subjects while performing cognitive tasks. The researchers blind tests. Subjective measures of well-being and symp- noted that this was consistent with other, studies that hy- toms, as well as physiological measures of blood-volume pothesize sensitive individuals may have a general imbal- pulse, heart rate, and skin conductance were obtained. They ance in autonomic nervous system regulation. Generally, found that during the open provocation, electrosensitive in- cognitive functioning was not affected in either electrosensi- dividuals reported lower levels of well-being to both GSM tives or controls. When Bonferroni corrections were applied and UMTS signals compared with sham exposure, whereas to the data, the effects on mean skin conductance disap- controls reported more symptoms during the UMTS expo- geared. A criticism is that this averaging of test results bides sure.During double-blind tests the GSM signal did not have more subtle effects. any effect on either group. Electrosensitive participants did Wallace et al. (2010) also tried to determine if short-term report elevated levels of arousal during the UMTS condition, exposure to.RFR had an impact on well-being and what but the number or severity of symptoms experienced did not role, if any, psychological factors play. Their study focused increase. Physiological measures did not differ across the on "Airwave", a new communication system being rolled three exposure conditions for either group. The researchers out across the UK for police and emergency services. Some concluded that short-term exposure to a typical GSM base- police officers have complained about skin rashes, nausea, station-like signal did not affect well-being or physiological headaches, and depression as a consequence of using Air- functions in electrosensitive or control individuals even wave two-way radio handsets. The researchers used a small though the electrosensitive individuals reported elevated lev- group of self-reported electrosensitive people to determine if els of arousal when exposed to a UMTS signal. The re- they reacted to the exposures, and to determine if exposures searchers stated that this difference was likely due to the to specific signals affect a selection of the adult population effect of the order of the exposures throughout the series who do not report sensitivity to electromagnetic fields. A rather than to the exposure itself. The researchers do not randomized double-blind provocation study was conducted speculate about possible data bias when one quarter of the to establish whether short-term exposure to a terrestrial most sensitive test subjects dropped out at the beginning. trunked radio (TETRA)base station signal has an impact on In follow-up work, Eltiti et al. (2009) attempted to clarify health and well-being in individuals with electrosensitivity some of the inconsistencies in the research with people who and controls. Fifty-one individuals with electrosensitivity report sensitivity to electromagnetic fields. Such individuals, and 132 age- and gender-matched controls participated first they noted, often report cognitive impairments that they be- in an open provocation test, while 48 electrosensitive and lieve are due to exposure to mobile phone technology. They 132 control participants went on to complete double-blind further said that previous research in this area has revealed tests in a fully screened semi-anechoic chamber. Heart rate, mixed results, with the majority of research only testing skin conductance, and blood pressure readings provided ob- control individuals. Their aim was to clarify whether short- jective indices of short-term physiological response. Visual term (50 min) exposure at 1 RW/cm2 to typical GSM and analogue scales and symptom scales provided subjective in- UMTS base station signals affects attention, memory, and dices of well-being. Their results found no differences on physiological endpoints in electrosensitive and control partic- any measure between TETRA and sham (no signal) under ipants, Data from 44 electrosensitive and 44 matched-control double-blind conditions for either control or electrosensitive participants who performed the digit symbol substitution participants and neither group could detect the presence of a task (DSST), digit span task (DS), and a mental arithmetic TETRA signal above chance (50%). The researchers noted; task (MA), while being exposed to GSM, UMTS, and sham however, that when conditions were not double-blinded, the signals under double-blind conditions were analyzed. Over- electrosensitive individuals did report feeling worse and ex- all, the researchers concluded that cognitive functioning was perienced more severe symptoms-during TETRA compared not affected by short-term exposure to either GSM or UMTS with sham exposure. They concluded that the adverse symp- signals. Nor did exposure affect the physiological measure- toms experienced by electrosensitive individuals are caused mens of blood-volume pulse, heart rate, and skin conduc- by the belief of harm from TETRA base stations rather than tance that were taken while participants performed the because of the low-level EMF exposure itself. cognitive tasks. The GSM signal was a combined signal of It is interesting to note that the three previously men- Published by NRC Research Press Levitt and Lai 385 tioned studies were all conducted at the same Electromag- their responses to real or sham EMF exposure according to netics and Health Laboratory at the University of Essex, Es- any psychological, cognitive or autonomic assessment. They sex, UK, by the same relative group of investigators. Those said they found no evidence of any causal link between claiming to be electrosensitive are a small subgroup in the hypersensitivity symptoms and exposure to EMF from base population, often in touch through Internet support groups. stations. However, this study,had few MPRS participants. In the first test, many electrosensitives dropped out because Regel et al. (2006) also investigated the effects of the they found the exposures used in the study too uncomfort- influence of UMTS base-station-like signals on well-being able. The drop-out rate decreased with the subsequent stud- and cognitive performance in subjects with and without ies, which raises the question of whether the electrosensitive self-reported sensitivity to RFR. The researchers performed participants in the latter studies were truly electrosensitive. a controlled exposure experiment in a randomized, ,double- There is a possibility that a true subgroup of electrosensi- blind crossover study, with 45 miri at an electric field tives cannot tolerate such study conditions, or that potential strength of 0 V/m, 1.0 V/m (0.2653 µW/cm2), or 10.0 V/m test subjects are networking in a way that preclude their par- (26.53 [Mcm2), incident with a polarization of 45° from ticipation in the first place, In fact,researchers were not able the left-rear side of the subject, at weekly intervals. A total to recruit their target numbers for electrosensitive partiei- of 117 healthy subjects that included 33 self-reported sensi- pants in any of the studies. The researchers also do not state five subjects,and 84 nonsensitive subjects,participated in the if there were any of the same electrosensitive participants study. The team assessed well-being, perceived field used in the three studies.Nor do they offer comment regard- strength, and cognitive performance with questionnaires and ing the order of the test methods possibly skewing results. cognitive tasks and conducted statistical analyses using lin- Because of uncertainty regarding whether.EMF exposures ear mixed models. Organ-specific and brain-tissue-specific are actually causing the symptoms that electrosensitives re- dosimetry, including uncertainty and variation analysis, was port, and since many electrosensitives also report sensitiv- performed. Their results found that in both groups, well- ities to myriad chemicals and other environmental factors, it being and perceived field strength were not associated with has been recommended (Hansson Mild et al. 2006) that a actual exposure levels. They observed no consistent condi- new term be used to describe such individuals—idiopathic tion-induced changes in cognitive performance except for environmental intolerance with attribution to electromag- two marginal effects. At 10 V/m (26.53 µW/cm2) they ob- netic fields (IEI-EMF). served a slight effect on speed in one of six tasks in the sen- Furubayashi et al. (2009) also tried to determine if people sitive subjects and an effect on accuracy in another task in who reported symptoms to mobile phones are more suscep- nonsensitive subjects. Both effects disappeared after multi- tible than control subjects to the effect of EMF emitted from ple endpoint adjustments. They concluded that they could base stations. They conducted a double-blind, cross-over not confirm a short-term effect of UMTS base-station-like provocation study, sent questionnaires to 5000 women and exposure on well-being. The reported effects on brain func- obtained 2472 valid responses from possible candidates. tioning were marginal, which they attributed to chance. Peak From those, they were only able to recruit 11 subjects with spatial absorption in brain tissue was considerably smaller mobile phone related symptoms (MFRS) and 43 controls. than during use of a mobile phone. They concluded that no The assumption was that individuals with MFRS matched conclusions could be drawn regarding short-term effects of cell phone exposure or the effects of Iong-term base-station- the description of electrosensitivity by the World Health like exposures Organization(WHO).There were four EMF exposure condi- . human health. tions, each of which lasted 30 min: (i) continuous; (ii)inter- Siegrist et al. (2005) investigated risk perceptions associ- mittent, (iii) sham exposure with noise, and (iv) sham ated with mobile phones, base.stations, and other sources of EMFs through a telephone survey.conducted in Switzerland. exposure without noise. Subjects were exposed to EMF of 2.14 GHz, 10 V/m (26.53 ltW/cm2) wideband code division Participants assessed both risks and benefits associated with multiple access (W-CDMA), in a shielded room to simulate nine different sources of EMF. Trust in the authorities regu- whole-body exposure to EMF from base stations, although lating these hazards was also assessed.Participants answered t a set of questions related to attitudes toward EMF and to- he exposure strength they used was higher than that com- ward mobile phone base stations. Their results were: high- monly received from base stations. The researchers meas- voltage transmission lines are perceived as the most risky ured several psychological and cognitive parameters source of EMF; and mobile phones and base stations re- immediately before and after exposure, and monitored auto- ceived lower risk ratings. Trust in authorities was positively nomic functions. Subjects were asked to report on their per- associated with perceived benefits and negatively associated ception of EMF and level of discomfort during the with perceived risks. Also, people who use their mobile experiment. The MFRS group did not differ from the con- phones frequently perceived lower risks and higher benefits trols in their ability to detect exposure to EMF. They did, than people who use their mobile phones infrequently. Peo- however, consistently experience more discomfort in gen- ple who believed they lived close to a base station did not eral, regardless of whether or not they were actually exposed significantly differ in their perceived level of risks associ- to EMF, and despite the lack of significant changes in their ated with mobile phone base stations from people who did autonomic functions. The researchers noted that others had not believe they lived close to a base station. A majority of found electrosensitive subjects to be more susceptible to participants favored limits to exposures based on worst-case stress imposed by task performance, although they did not scenarios. The researchers also correlated perceived risks differ from normal controls in their personality traits. The with other beliefs and found that belief in paranormal phe- researchers concluded that the two groups did not differ in nomena is related to level of perceived risks associated with Published by NRC Research Press 386 En*on. Rev. Vol. 18,2010 EMT. In addition, people who believed that most chemical taken into account. They called for pilot studies to validate substances cause cancer also worried more about EMF than exposure assessments and recommended that short-to-medium people who'did not believe that chemical substances are term effects on health and well-being are best investigated harmful. This study found the obvious — that some people by cohort studies. They also said that for long-term effects, worry more about environmental factors than others across a groups with high exposures need to be identified first, and range of concerns. that for immediate effects, human laboratory studies are the Wilen et al. (2006)'investigated the effects of exposure to preferred approach. In other words, multiple approaches are mobile phone RFR on people who experience subjective required. They did not make specific recommendations on symptoms when using mobile phones. Twenty subjects with how to quantify long-term, low-level effects on health and MPRS were matched with 20 controls without MPRS. Each well-being. subject participated in two experimental sessions, one with Radon et al. (2006) compared personal RF dosimetry true exposure and one with sham exposure,in random order. measurements against recall to ascertain the reliability of In the true exposure condition, the test subjects were ex- self-reporting near base stations. Their aim was to test the posed for 30 min to an RFR field generating a maximum feasibility and reliability of personal dosimetry devices. SAR (1 g) in the head of 1 W/kg through an indoor base They used a 24 h assessment on 42 children, 57 adolescents, station antenna attached to signals from a 900 MHz GSM and 64 adults who wore a Maschek dosimeter prototype, mobile phone. Physiological and cognitive parameters were then compared the self-reported exposures with the measure- measured during the experiment for heart rate and heart rate ments. They also compared the readings of Maschek proto- variability (HRV), respiration, local blood flow, electroder- type with those of the Antennessa DSP-090 in 40 test mal activity, critical flicker fusion threshold (CFFT), short- subjects. They found that self-reported exposures did not term memory, and reaction time. No significant differences correlate with actual readings. The two dosimeters were in related to RFR exposure conditions and no differences in moderate agreement. Their conclusion was that personal baseline data were found between subject groups with the dosimetry, or the wearing of measuring devices, was a feasi- exception for reaction time, which was significantly longer ble method in epidemiology studies. among the test subjects than among the controls the first A study by Frei et al. (2009) also used personal dosimetry time the test was performed. This difference disappeared devices to examine the total exposure levels of RFR in the when the test was repeated. However, the test subjects dif- Swiss urban population. What they found was startling — fered significantly from the controls with respect to HRV as nearly a third of the test subjects' cumulative exposures measured in the frequency domain. The test subjects dis- were from cell base stations. Prior to this study, exposure played a shift in the low/high frequency ratio towards a from base stations was thought to be insignificant due to sympathetic dominance in the autonomous nervous system their low-power densities and to affect only those living or during the CFFr and memory tests, regardless of exposure working in close proximity to the infrastructure. This study condition. They interpreted this as a sign of differences in showed that the general population moves in and out of the autonomous nervous system regulation among persons these particular fields with more regularity than previously with MPRS and persons with no such symptoms. expected In a sample of 166 volunteers from Basel, Swit- zerland, who agreed to wear personal exposure meters 12. Assessing exposures (called exposimeters), the researchers found that nearly one third of total exposures came from base stations.Participants Quantifying, qualifying, and measuring radiofrequency carried an exposimeter for 1 week (2 separate weeks in 32 (RF) energy both indoors and outdoors has frustrated scien- participants) and also completed an activity diary.Mean val- tists, researchers, regulators, and citizens alike. The ques- ues were calculated using the robust regression on order sta- tions involve how best to capture actual exposure data — tistics(ROS)method.Results found a mean weekly exposure through epidemiology, computer estimates, self-reporting, or to all RFR and (or) EMF sources was 0.013 VW/cm2(range actual dosimetry measurements.Determining how best to do of individual means 0.0014-0.0881 µW/cm2). Exposure was this is more important than ever, given the increasing back- mainly from mobile phone base stations (32.0%), mobile ground levels of RFR. Distance from a generating source phone handsets (29.1%), and digital enhanced cordless tele- has traditionally been used as a surrogate for probable power communications (DECT) phones (22.7%). People owning a density but that is imperfect at best, given how RF energy DECT phone (total mean 0.015 pW/cm2) or mobile phone behaves once it is transmitted. Complicated factors and nu- (0.014 µW/cm2) were exposed more than those not owning mevous variables come into play. The wearing of personal a DECT or mobile phone (0.010 µW/cm2).Mean values were dosimetry devices appears to be a promising area for captur- highest in trains (0.116 Ia.W/cm2), airports (0.074 wW/cm2), ing cumulative exposure data. and tramways or buses (0.036 RW/cm2) and were higher dur- Neubauer et al. (2007)asked the question if epidemiology ing daytime(0.016 µW/cm2)than nighttime(0.008 pW/cm2). studies are even possible now, given the increasing deploy- The Spearman correlation coefficient between mean expo- ment of wireless technologies. They examined the methodo- sure in the first and second week was 0.61. Another suipris- logical challenges and used experts in engineering, ing finding of this study contradicted Neubauer et al. (2008) dosimetry, and epidemiology to critically evaluate dosimet- who found that a rough dosimetric estimate of a 24 h exposure ric concepts and specific aspects of exposure assessment re- from a base station (1-2 V/m) (i.e., 0.2653-1.061 µW/cm2) garding epidemiological study outcomes. They concluded corresponded to approximately 30 min of mobile phone use. that, at least in theory, epidemiology studies near base sta- But Frei et al. (2009) found, using the exposimeter, that cell tions are feasible but that all relevant RF sources have to be phone use was 200 times higher than the average base sta- Published by NRC Research Press Levitt and Lai 387 tion exposure contribution in self-selected volunteers (0.487 model MS 2601A spectrum analyzer,_to determine the elec- versus 0.002 µW/cm2). This implied that at the belt, back- tric field level in the 900 and 1800 MHz frequency bands. pack, or in close vicinity to the body, the mean base station Using a GPS (global positioning system), various base sta- contribution corresponds to about 7 min of mobile phone tions were mapped. Measurements were taken at 1.5 m use (24 h divided by 200), not 30 min. They concluded that above ground to maintain line of sight with the RF source. exposure to RFR varied considerably between persons and Signals were measured during the day over a 3 h period, at locations but was fairly consistent for individuals. They a distance of approximately 300 m. The results indicated noted that cell phones, base stations, and cordless phones that power densities for 900 MHz at public access points were important sources of exposure in urban Switzerland varied from as low_ as 0.000001 µW/cm2 to as high as but that people could reduce their exposures by replacing 0.001 µW/cm2. At 1800 MHz, the variation of power den- their cordless domestic phones with conventional landlines sities was from 0.000001 to 0.01 µW/cm2.There are no spe- at home. They determined that it was feasible to combine cific RFR standards in Ghana. These researchers determined diary data with personal exposure measurements and that that while their results in most cites were compliant with the such data was useful in evaluating RFR exposure during 1CNIRP standards,levels were still 20 times higher than val- daily living, as well as helpful in reducing exposure mis- ues typically found in the UK, Australia, and the U.S.,espe- classification in future epidemiology studies. cially for Ghana base stations in rural areas with higher Viel et al. (2009) also used personal exposure meters power output. They determined. that there is a need to re- (EME SPY 120 made by Satimo and ESM 140 made by duce RFR levels since an increase in mobile phone usage is Masehek) to characterize actual residential exposure from foreseen. antennas. Their primary aim was to assess personal expo- Clearly, predicting actual exposures based on simple dis- sures, not ambient field strengths. Two hundred randomly tance from antennas using standardized computer formulas selected people were enrolled to wear measurement meters is inadequate. Although power density undoubtedly de- for 24 h and asked to keep a time—location—activity diary. creases with distance from a generating source, actual expo- Two exposure metrics for each radiofrequency were then sure metrics can be far more complex, especially in urban calculated: the proportion of measurements above the detec- areas. Contributing to the complexity is the fact that the nar- tion limit of 0.05 Win (0.0006631 µW/cm2) and the maxi- row vertical spread of the beam'creates a low RF field mum electric field strength. Residential addresses were strength at the ground directly below the antenna. As a per- geocoded and distances from each antenna were calculated. son moves away or within a particular field, exposures can They found that much of the time-recorded field strength become complicated, creating peaks and valleys in field was below the detection level of 0.05 Win, with the excep- strength. Scattering and attenuation alter field strength in re- tion of the FM radio bands, which had a detection threshold lation to building placement and architecture, and local per- of 12.3%. The maximum electric field was always lower turbation factors can come into play. Power density levels than 1.5 V/m(0.5968 µW/cm2).Exposure to GSM and digi- can be I to 100 times lower inside a building, depending on tal cellular system (DCS) frequencies peaked around 280 in construction materials, and exposures can differ greatly in urban areas and 1000 m from antennas in more suburban/ within a building, depending on numerous factors such as rural areas. A downward trend in exposures was found orientation toward the generating source and the presence of within a 10 km distance for FM exposures. Conversely, conductive materials. Exposures can be twice as high in UMTS,TV3, and TV 4 and 5 signals did not vary with dis- upper floors than in lower floors, as found by AngIesio et tance. The difference in peak exposures for cell frequencies al. (2001). were attributed to microcell antennas being more numerous However, although distance from a transmitting source in urban areas, often mounted a few meters above ground has been shown to be an unreliable determinant for accurate level, whereas macrocell base stations in less urban areas exposure predictions, it is nevertheless useful in some gen- are placed higher(between 15 and 50 m above ground level) eral ways.For instance, it has been shown that radiation lev- to cover distances of several kilometres. They concluded els from a tower with 15 nonbroadcast radio systems will that despite the limiting factors and high variability of RF fall off to hypothetical natural background levels at approx- exposure assessments, in using sound statistical technique imately 1500 ft (-500 m) (Rinebold 2001). This would be they were able to determine that exposures from GSM and in general agreement with the lessening of symptoms in peo- DCS cellular base stations actually increase with distance in ple living near cell towers at a distance over 1000 ft the near source zone, with a maximum exposure where the (,.,300 m)found by Santini et al. (2002) . main beam intersects the ground. They noted that such in- The previously mentioned studies indicate that accuracy formation should be available to local authorities and the in both test design and personal dosimetry measurements public regarding the siting of base stations. Their findings are possible in spite of the complexities and that a general coincide with Abdel-Rassoul et al. (2007) who found field safer distance from a cell tower for residences, schools,day- strengths to be less in the building directly underneath an- care centers, hospitals, and nursing homes might be ascer- tennas, with reported health complaints higher in inhabitants tained. of the building across the street. Amoako et al. (2009) conducted a survey of RFR at pub- 13. Discussion lic access points close to schools, hospitals, and highly populated areas in Ghana near 50 cell phone base stations. Numerous biological effects do occur after short-term ex- Their primary objective was to�measure and analyze field posures to low-intensity RFR but potential hazardous health strength levels. Measurements were made using an Anritsu effects from such exposures on humans are still not well es- Published by NRC Research Press 388 Environ. Rev. Vol. 1.8, 2090 tablished, despite increasing evidence as demonstrated in the U.S. Embassy in Moscow after it was discovered that throughout this paper. Unfortunately, not enough is known the Soviet government had been systematically irradiating about biological effects from long-term exposures, espe- the U.S. government compound there. cially as the effects of long-term exposure can be quite dif- The symptoms reported were not due to any known tissue ferent from those of short-term exposure.It is the long-term, heating properties. The power densities were not only very low-intensity exposures that are most common today and in- low but the propagation characteristics were remarkably creasing significantly from myriad wireless products and similar to what we have today with cell phone base stations. services. Lilienfield recorded exposures for continuous-wave, broad- People are reporting symptoms near cell towers and in band, modulated RFR in the frequency ranges between 0.6 proximity to other RFR-generating sources including con- and 9.5 GHz. The exposures were_long-term and low-level sumer products such as wireless computer routers and Wi-Fi at 6 to 8 h per day, 5 days per week,with the average length systems that appear to be classic "microwave sickness syn- of exposure time per individual between 2 to 4 years. Mod- drome," also known as "radiofrequency radiation sickness." ulation information contained phase, amplitude, and pulse First identified in the 1950s by Soviet medical researchers, variations with modulated signals being transmitted for 48 h symptoms included headache, fatigue, ocular dysfunction, or less at a time. Radiofrequency power density was be- dizziness, and sleep disorders. In Soviet medicine, clinical tween 2 and 28 RW/cmz — levels comparable to recent manifestations include dermographism, tumors, blood studies cited in this paper. changes, reproductive and cardiovascular abnormalities, de- The symptoms that Lilienfield found included four that fit pression,irritability, and memory impairment, among others. the Soviet description for dermographism—eczema,psoria- The Soviet researchers noted that the syndrome is reversible sis, allergic, and inflammatory reactions. Also found were in early stages but is considered lethal over time (Tolgskaya neurological problems with diseases of peripheral nerves et al. 1973). and ganglia in males; reproductive problems in females dur- Johnson-Liakouris (1998) noted there are both occupa- ing pregnancy, childbearing, and the period immediately tional studies conducted between 1953 and 1991 and clinical after delivery (puerperium); tumor increases (malignant in cases of acute exposure between 1975 and 1993 that offer females, benign in males); hematological alterations; and substantive verification for the syndrome. Yet, U.S. regula- effects on mood and well-being including irritability, depres- tory agencies and standards-setting groups continue to quib- sion, loss of appetite, concentration, and eye problems. This ble about the existence of microwave sickness because it description of symptoms in the early literature is nearly does not fit neatly into engineering models for power den- identical to the Santini, Abdel-Rassoul, and Narvarro studies sity, even'as studies are finding that cell towers are creating cited earlier, as well as the current (though still anecdotal) the same health complaints in the population. It should be reports in communities where broadcast facilities have noted that before cellular telecommunications technology, switched from analog to digital signals at power intensities no such infrastructure exposures between 800 MHz and that are remarkably similar. In addition, the symptoms in 2 GHz existed this close to so many people. Microwave the older literature are also quite similar to complaints in ovens are the primary consumer product utilizing a high RF people with EHS. intensity, but their use is for very brief periods of time and Such reports of adverse effects on.well-being are occur- ovens are shielded to prevent leakage above 1000 RW/cm2 ring worldwide near cell infrastructure and this does not ap- - the current FDA standard. In some cases, following the pear to be related to emotional perceptions of risk. Similar U.S. Telecommunications Act of 1996 preemption of local symptoms have also been recorded at varying distances health considerations in infrastructure siting, antennas have from broadcast towers. It is clear that something else is been mounted within mere feet of dwellings. And, on build- going on in populations exposed to low-level RFR that com- ings with roof-mounted arrays,exposures can be lateral with puter-generated RFR propagation models and obsolete expo- top floors of adjacent buildings at close range. sure standards, which only protect against acute exposures, It makes little 'sense to keep denying health symptoms do not encompass or understand. With the increase in so that are being reported in good faith. Though the prevalence many RFR-emitting devices today, as well as the many in of such exposures is relatively new to a widespread popula- the wings that will dramatically increase total exposures to tion, we, nevertheless, have a 50 year observation period to the population from infrastructure alone, it may be time to draw from. The primary questions now involve specific ex- approach this from a completely different perspective. posure parameters, not the reality of the complaints or at- It might be more realistic to consider ambient outdoor and tempts to attribute such complaints to psychosomatic indoor RFR exposures in the same way we consider other causes, malingering, or beliefs in paranormal phenomenon. environmental hazards such as chemicals from building ma- That line of argument is insulting to regulators, citizens, terials that cause sick building syndrome. In considering and their physicians. Serious mitigation efforts are overdue. public health, we should concentrate on aggregate exposures There is early Russian and U.S. documentation of long- from multiple sources,rather than continuing to focus on in- term, very low-level exposures causing microwave sickness dividual source points like cell and broadcast base stations. as contained in The Johns Hopkins Foreign Service Health In addition, whole categorically excluded technologies must Status Study done in 1978 (Lilienfield et al. 1978; United be included for systems like Wi-Fi, Wi-Max, smart grids, States Senate 1979). This study contains both clinical infor- and smart metering as these can greatly increase ambient ra- mation, and clear exposure parameters. Called the Lilien- diation levels. Only in that way will low-level electro- field study, it was conducted between 1953 and 1976 to magnetic energy exposures be understood as the broad determine what, if any, effects there had been to personnel environmental factor it is. Radiofrequency radiation is a Published by NRC Research Press Levitt and Lai 389 form of energetic air pollution and it should be controlled as be impossible to attain because of citizen unwillingness to such. Our current predilection to take this one product or live in proximity to so many antennas. In general,the lowest service at a time does not encompass what we already regulatory standards currently in place aim to accomplish a know beyond reasonable doubt, Only when aggregate expo- maximum exposure of 0.02 Win, equal to a power density sures are better understood by consumers will disproportion- of 0.0001 µW/cm2, which is in line with Salzburg, Austria's ate resistance to base station siting bring more intelligent indoor exposure value for GSM cell base stations. Other pre- debate into the public arena and help create safer infrastruc- cautionary target Revels aim for an outdoor cumulative expo- ture. That can also benefit the industries trying to satisfy sure of 0.1 [.W/cm2 for pulsed RF exposures where they customers who want such services, affect the general population and an indoor exposure as low Safetyy to populations living or working near communica- as 0.01 µW/cm2 (Sage and Carpenter 2004). In 2007, The tions infrastructure has not been given the kind of attention Biolnitiative Report, A rationale for a biologically based it deserves. Aggregate ambient outdoor and indoor expo- public exposure standard for electromagnetic fields (ELF sures should be emphasized by summing up levels from dif- and RF), also made this recommendation, based on the pre- ferent generating source points in the vicinity. cautionary principle(Bioinitiative Report 2007). Radiofrequency radiation should be treated and regulated Citizens and municipalities often ask for firm setbacks like radon and toxic chemicals, as aggregate exposures, from towers to guarantee safety. There are many variables with appropriate recommendations made to the public in- involved with safer tower siting— such as how many pro- eluding for consumer products that may produce significant viders are co-located; at what frequencies they operate, the RFR levels indoors. When indoor consumer products such tower's height, surrounding topographical characteristics, as wireless routers, cordless/DECT phones, leaking micro- the presence of metal objects, and others. Hard and fast set- wave ovens, wireless speakers, and (or) security systems, backs are difficult to recommend in all circumstances. De- etc. are factored in with nearby outdoor transmission infra- ployment of base stations should be kept as efficient as structure, indoor levels may rise to exposures that are un- possible to avoid exposure of the public to unnecessary safe. The contradictions in the studies should not be used to high levels of RFR. As a general guideline, cell base sta- paralyze movement toward safer regulation of consumer tions should not be located less than 1500 ft (-500 m) products, new infrastructure creation, or better tower siting. from the population, and at a height of about 150 ft Enough good science exists regarding long-term low-level (-50 m). Several of the papers previously cited indicate exposures—the most prevalent today—to warrant caution. that symptoms lessen at that distance, despite the many var- The present U.S. guidelines for RFR exposure are not up iables involved. However, with new technologies now being to date.The most recent IEEE and NCRP guidelines used by added to cell towers such as Wi-Max networks,.which add the U.S. FCC have not taken many pertinent recent studies significantly more power density to the environment, set- into consideration because, they argue, the results of many back recommendations can be a very unpredictable reassur- of those studies have not been replicated and thus are not ance at best.New technology should be developed to reduce valid for standards setting. That is a specious argument. It the energy required for effective wireless communication. implies that someone tried to replicate certain works but In addition, regular RFR monitoring of base stations failed to do so, indicating the studies in question are unreli- should be considered. Some communities require that ambi- able. However, in most cases, no one has tried to exactly ent background levels be measured at specific distances replicate the works at all. It must be pointed out that the 4 from proposed tower sites before, and after, towers go on- W/kg SAR threshold based on the de Lorge studies have line to establish baseline data in case adverse effects in the also not been replicated independently. In addition, effects population are later reported. The establishment of such of long-term exposure, modulation, and other propagation baselines would help epidemiologists determine what characteristics are not considered. Therefore, the current changed in the environment at a specific point in time and guidelines are questionable in protecting the public from help better assess if RFR played a role in health effects. Un- possible harmful effects of RFR exposure and the U.S. FCC fortunately, with so much background RFR today, it is al- should take steps to update their regulations by taking all re- most impossible to find a clean RFR environment. cent research into consideration without waiting for replica- Pretesting may have become impossible in many places. tion that may never come because of the scarcity of research This will certainly be the case when smart grid technologies funding.'The ICNIRP standards are more lenient in key ex- create a whole new blanket of low-level RFR, with millions posures to the population than current U.S.FCC regulations. of new transceivers attached to people's homes and applian- The U.S. standards should not be "harmonized" toward ces, working off of centralized RFR hubs in every neighbor- more lenient allowances. The ICNIRP should become more hood: That one technology alone has the ability to protective instead. All standards should be biologically permanently negate certain baseline data points. based,not dosimetry based as is the case today. The increasing popularity of wireless technologies makes Exposure of the general population to RFR from wireless understanding actual environmental exposures more critical communication devices and transmission towers should be with each passing day. This also includes any potential ef- kept to a minimum and should follow the "As Low As Rea- fects on wildlife. There is a new environmental concept tak- sonably Achievable" (ALARA) principle. Some scientists, ing form — that of "air as habitat" (Manville 2007) for organizations, and local governments recommend very low species such as birds, bats, and insects, in the same way exposure levels—so low, in fact,"that many wireless indus- that water is considered habitat for marine life. Until now, tries claim they cannot function without many more anten- air has been considered something "used" but not necessa- nas in a given area. However, a denser infrastructure may rily "lived in" or critical to the survival of species. How- Published by NRC Research Press 390 Environ. Rev.Vol. 18,2010 ever, when air is considered habitat, RFR is among the po- 2009. Mobile phone base stations and adverse health effects: tential pollutants with an ability to adversely affect other phase 1: A population-based cross-sectional study in Germany. species. It is a new area of inquiry deserving of immediate Occup. Environ. Med. 66(2): 118-123. doi:10.1136/oem.2007. funding and research. 037721. Bornkessel,C.,Schubert,M.,Wuschek,M., and Schmidt,P.2007. References Determiniation of the general public exposure around GSM and UMTS base stations. Radiat. Prot. Dosimetry, Ml): 40-17. 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Available from http://www..fec.gov/)3ureaus/ lectromagnetics, 21(1): 52-56. doi:10.1002/(SICI)1521- Engineering_Technology/Documents/bulletins/oet65/oet65.pdf. 186X(200001)21:1<52::AID-BEM8>3.0.CO;2-6. (Accessed October 2010). Wiart,J.,Hadjem,A.,Wong,M.F.,and Bloch,1.2008.Analysis of van Wyk,M.J.,Bingle,M., and Meyer,F.J.2005. Antenna model- RF exposures in the head tissues of children and adults. Phys. ing considerations for accurate SAR calculations in human phan- Med. Biol. 53(13): 3681-3695. doi:10.1088/0031-9155/53/13/ toms in close proximity to GSM cellular base station antennas. 019. Bioelectromagnetics,26(6): 502-509.doi:10.1002/bem.20122. Wil6n, J., Johansson, A., Kalezic, N., Lyskov, E., and Sandstrom, Velizarov, S., Raskmark, P., and Kwee, S. 1999. The effects of M. 2006. Psychophysiological tests and provocation of subjects radiofrequency fields on cell proliferation are non-thermal.Bioe- with mobile phone related symptoms. Bioelectromagnetics, lectrochem. Bioenerg. 48(1): 177-180. doi:10.1016/50302- 27(3):204-214.doi:10.10021bem.20195. 4598(98)00238-4. Wolf R.,and Wolf,D. 2004. Increased incidence of cancer near a Veyret, B., Bouthet, C., Deschaux, P., de Seze, R., Geffard, M., cell-phone transmitter station. Inter. J. Cancer Prev. 1(2): 123- Joussot-Dubien,J.,Diraison,M.,Moreau,J.M.,and Caristan,A. 128. 1991. Antibody responses of mice exposed to low-power micro- Wokke, S., Neibig, U., Elsner, R., Gollnick, F., and Meyer, R. waves under combined, pulse-and-amplitude modulation. Bioe- 1996. Calcium homeostasis of isolated heart muscle cells ex- leetromagnetics, 12(1): 47-56.doi:10.1002/bem.2250120107. posed to pulsed high-frequency electromagnetic fields. Bioelec- Vian,A.,Roux,D.,Girard,S.,Bonnet,P.,Paladian,F.,Davies,E., tromagnetics, 17(2): 144-153. doi:10.1002/(SICI)1521- and Ledoigt, G. 2006. Microwave irradiation affects gene ex- 186X(1996)17:2<144::AID-BEM9>3.0.CO;2-3. pression in plants.Plant Signal, Behay. 1(2): 67-70, Yurekli, A.I., Ozkan, M., Kalkan, T., Saybasili; H., Tuncel, H., Viel, J.-F., Clerc, S., Barberra, C., Rymzhanova, R., Moissonnier, Atukeren, P.,Gumustas,K., and Seker,S.2006. GSM base sta- M., Hours, M., and Cardis, E. 2009. Residential exposure to tion electromagnetic radiation and oxidative stress in rats. EIec- radiofrequency fields from mobile-phone base stations, and tromagn. Biol. Med. 25(3): 177-188. doi:10.1080/ broadcast transmitters: a population-based survey with personal 15368370600875042. Published by NRC Research Press 4 THA YOU THAWK YOU TIA RECYCLED Paper Greetings Saving the Earth One Smile at a Time" On recycled paper since 1971 An original design by Karen Anagnost USA 2.99 CANADA 4.25 00001 16498312 T-10500425 4428846 Made in the USA KIapyms-Relyded Greetings,Inc. 0 42823 11007 8 Ghx.g.,IL60606 just can't y it enough! Thank you much yvt i` r Port Angeles City Council Meeting 10-21-2014 Public Comment Period I apologize to the Council for not delivering these comments in person but I had a previous commitment with a non-profit board meeting. My comments are those of a private individual and are not affiliated with any particular group or cause. I urge the Council to approve the Shoreline Master Program as submitted by the Department of Economic Development. The Shoreline Management Act under which the this Shoreline Master Program falls was passed to ensure the protection of shoreline resources by regulating development, and to provide for appropriate shoreline use by fostering uses unique to or dependent upon use of the state's shoreline and by allowing development that provides an opportunity for the people to enjoy the shorelines of the state. I believe the document before you tonight does just that and that it adequately protects the shoreline resources while still allowing for use of those resources for a variety of activities, including the development of water- dependent and water-oriented uses which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shorelines. The recent modifications to the plan, at the behest of the Washington State Department of Ecology, which is the primary agency charged with the responsibility for protecting the environment in Washington State, appear to me to be a reasonable in terms of providing environmental protection while also allowing development at a limited number of specific areas. For example, the use of aquaculture may be permitted in 4 high intensity use areas (Industrial, Marine, Urban Uplands and Mixed Use) while being prohibited in three other areas, and governed by a conditional use permit in two others. This seems to be a reasonable balance based on the definition of these areas. The fact that aquaculture may be permitted does not mean that there are not a series of stringent requirements that must be met prior to a permit being issued, and that, in the case of aquaculture, there are numerous agencies, state, federal, and tribal, that will have a role to play before permits are issued. There seems to be adequate oversight under the proposed permitted and conditional use designations for aquaculture. I understand that the Department of Ecology also suggested that more autonomy be given to the City in terms of determining whether or not uses in particular areas should be permitted, prohibited or subject to a conditional use permit, thus returning some of the environmental control to the local jurisdiction. Given the difficulties all government agencies are having with budgets and the manpower to adequately address their responsibilities, I would hope we can all agree that having fewer layers of review, provided that the review is still stringent and backed by good law and science is a positive step. Finally, the process of getting a final SPM for Port Angeles has been underway since 2010—4 years—and the law requires that it be reviewed and/or revised every 8 years. We are halfway through the life cycle of the document and it has yet to be approved. It is time to approve the document and get on with implementation. City Staff needs to be freed up to do work that moves the community forward and not tied up trying to satisfy every single objection that one party of the other has with the document. We will never have a document that completely Page 1 of 2 satisfies every constituent. Please realize that the current document represents the best work and thousands of hours of highly qualified individuals and it approve it without further modification. Sin ely, ( � �=< Richard L. Chambers 617 Maletti Hill Road Port Angeles, WA 98362 Page 2 of 2 To Whom It May Concern: I would like to express my appreciation for a job very well done by the City staffers that have created the SMP in its current revised state. I believe that the local authorities should implement the SMP, as opposed to the State Dept. of Ecology or others. I also want to express that I am completely in favor of those additions that benefit and support Aquaculture businesses in our area and that the SMP should not be used to regulate that business. There are numerous other agencies that oversee and permit Aquaculture. Please accept my letter as my vote to adopt the existing SMP Sincerely, Roxi Baxley S21 Maple Grove Rd., Port Angeles WA 98362 t,-A t-c r-O-VC)c'" LLt�S BU:54Y� �= "Dear members, Next Tuesday,Weyer 21,at 6:30 pm the Port Angeles City Council(321 East 5th Street,Port Angeles)will discuss and vote on proposed changes to the City of Port Angeles Shoreline Master Plan(SMP). PABA believes it is important for as many people as possible to attend this meeting and provide their comments. Please pass this on to others you believe may be interested. Oral comments will be accepted from both city residents and those living outside the city limits. The deadline for written comments has already passed. After a five year process the City has finally arrived at a workable compromise for the SMP that the Department of Ecology has agreed to. PABA believes it is time to end a process that has already taken far too long and has absorbed far t6o many city resources during these five years. However, certain interest groups are now pushing.to make two changes to the SMP as currently proposed. One change relates to removing some decision making authority as to land use applications from the City and giving it to the Department of Ecology in Olympia. PABA believes that local authorities are likely to know local conditions best,be more responsive to local concerns, and thus make better decisions in the interest of the people living here. The other change relates to increasing restrictions on,or even prohibiting entirely,aquaculture (fish farming). Aquaculture is already highly regulated by a half dozen federal and state agencies. PABA believes that it is unnecessary,and even harmful,to add through the SMP another layer of restrictions that might impede the creation of jobs in aquaculture here." %-L A ELECTROMAGNETIC WAR TRAINING ON OLYMPC PENINSULA To Port Angeles City Council October 20, 2014 From: Eloise Kailin, for Protect the Peninsula's Future. 1. .PPF agrees with the concerns of HWS and asks you 1. to call for a public presentation in Port Angeles as was done in Forks, and. 2 to.file a formal comment letter on or before the cut off date (October 31) to assure that the City has a seat at the table as this project proceeds. .2. The City has a vital economic interest in its tourists and retirees, many attracted here because of recreational opportunities in the western part of the County. Some will not want to risk irradiation and those with metal implants anywhere in their body can be quite literally cooked at these sites like a hamburger in a microwave oven. Just imagine if they have a metal brain implant!.A defibrillator, insulin pump, artificial knww or hip. Virtually all residents in eastern and western Clallam county will wish to avoid the extra noise brought by intense aircraft activity from Whidby Island to the Pacific coast.. 3, We are particularly concerned that emitters may knock out communication satellites.That is really bad news for merchants unable to process credit card sales, people dependent on cell phones, interest and communications for emergency services.. The Environmental Analysis (EA)is seriously deficient even beyond its own admissions of the .areas it does not cover. It matters. For the public to have the benefit of reasonable conditioning there must be disclosure of material fact. As an example: The EA proposes that a person in the mobile unit is to watch for and warn off any persons coming into a taped off unsafe area around the vehicle. The EA omits basic information that visibility is poor, that fatigue and boredom predictably diminish vigilance. Motion detectors should be added, but with no recognition of the problem this will not happen. We are left with empty promises of protection. That is not good enough. Please city council: 1. call for a public meeting in Port Angeles so the Navy and Forest Service can provide further information and extend the comment period so citizens then can make informed comment. 2, File timely comments to this project to ensure Port Angeles will be able to defend its (and our) interests as this proposal evolves. E mail to: comments-pacificnorthwest-olympic-pacific @fs.fed.us -tit l �5 ww "Dear members, Next Tuesday,Novemb er 21, at 6:30 pm the Port Angeles City Council(321 East 5th Street,Port Angeles)will discuss and vote on proposed changes to the City of Port Angeles Shoreline Master Plan(SMP). PABA believes it is important for as many people as possible to attend this meeting and provide their comments. Please pass this on to others you believe may be interested. Oral comments will be accepted from both city residents and those living outside the city limits. The deadline for written comments has already passed. After a five year process the City has finally arrived at a workable compromise for the SMP that the Department of Ecology has agreed to. PABA believes it is time to end a process that has already taken far too long and has absorbed far too many city resources during these five years. However, certain interest groups are now pushing.to make two changes to the SMP as currently proposed. One change relates to removing some decision making authority as to land use applications from the City and giving it to the Department of Ecology in Olympia. PABA believes that local authorities are likely to know local conditions best,be more responsive to local concerns, and thus make better decisions in the interest of the people living here. The other change relates to increasing restrictions on,or even prohibiting entirely,aquaculture (fish farming). Aquaculture is already highly regulated by a half dozen federal and state agencies. PABA believes that it is unnecessary,and even harmful,to add through the SMP another layer of restrictions that might impede the creation of jobs in aquaculture here." IV st 2", a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount CELLEBRITE USA, INC SECURITY,FIRE,SAFETY SERV 001-0000-237.00-00 -260.32 CLALLAM CNTY TREASURER CVCA TO CLALLAM CO TREAS 001-0000-229.40-00 259.32 CONNEY SAFETY PRODUCTS FIRST AID&SAFETY EQUIP. 001-0000-237.00-00 -19.00 Don Skanchy VBCC MEETING ROOM DAMAGE 001-0000-239.10-00 50.00 Donnie Abbott DAMAGE DEPOSIT REFUND ABB 001-0000-239.10-00 50.00 Margie Burton LOOMIS DAMAGE DEPOSIT REF 001-0000-239.10-00 50.00 Port Angeles Symphony VBCC DAMAGE DEPOSIT REFUN 001-0000-239.10-00 150.00 Shelly Blauser CAMPFIRE CLUBHOUSE DANAGE 001-0000-239.10-00 50.00 PORT ANGELES CITY TREASURER Batteries for laser point 001-0000-237.00-00 -0.24 SUNSET DO-IT BEST HARDWARE PACKING/VALVE/OIL SEAL KI 001-0000-237.00-00 -29.00 WASHINGTON STATE TREASURER BUILDING SURCHARGES 001-0000-229.10-00 76.50 DIST CT REV TO STATE TREA 001-0000-229.30-00 10,072.40 Division Total: $10,449.66 Department Total: $10,449.66 PORT ANGELES CITY TREASURER Red Lion PA Chamber Board 001-1160-511.31-01 19.28 Oly pen Tourism comm Iunc 001-1160-511.49-01 8.62 Legislative Mayor& Council Division Total: $27.90 Legislative Department Total: $27.90 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-1210-513.42-10 20.39 09-23 A/C 206T310164584B 001-1210-513.42-10 27.82 CONSOLIDATED TECH SERVICES scan charges 001-1210-513.42-10 6.54 City Manager Department City Manager Office Division Total: $54.75 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-1220-516.42-10 4.08 09-23 A/C 206T310164584B 001-1220-516.42-10 5.56 CONSOLIDATED TECH SERVICES scan charges 001-1220-516.42-10 0.77 City Manager Department Human Resources Division Total: $10.41 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-1230-514.42-10 2.04 09-23 A/C 206T310164584B 001-1230-514.42-10 2.78 CIVICPLUS COMMUNICATIONS/MEDIA SERV 001-1230-514.41-50 3,927.00 State of WA Secretary of State ARCHIVE BOXES 001-1230-514.31-01 53.55 City Manager Department City Clerk Division Total: $3,985.37 City Manager Department Department Total: $4,050.53 ADVANCED TRAVEL WFOA Conf.-Olson 001-2010-514.43-10 277.85 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-2010-514.42-10 14.27 09-23 A/C 206T310164584B 001-2010-514.42-10 19.47 CONSOLIDATED TECH SERVICES scan charges 001-2010-514.42-10 5.53 Finance Department Finance Administration Division Total: $317.12 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-2023-514.42-10 18.35 09-23 A/C 206T310164584B 001-2023-514.42-10 25.04 CONSOLIDATED TECH SERVICES scan charges 001-2023-514.42-10 3.30 OLYMPIC PARTY&CUSTODIAL SUPPLIE:AIR CONDITIONING & HEATNG 001-2023-514.31-01 34.15 SUNGARD PUBLIC SECTOR DATA PROC SERV&SOFTWARE 001-2023-514.41-50 482.90 Pagel E - 1 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount SUNGARD PUBLIC SECTOR DATA PROC SERV&SOFTWARE 001-2023-514.41-50 2,171.73 Finance Department Accounting Division Total: $2,735.47 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-2025-514.42-10 26.51 09-23 A/C 206T310164584B 001-2025-514.42-10 36.17 CONSOLIDATED TECH SERVICES scan charges 001-2025-514.42-10 12.79 DATABAR INCORPORATED CYCLES 11-15 9/18/14 001-2025-514.41-50 2,152.85 CYCLES 16-20 9/25/14 001-2025-514.41-50 1,761.69 CYCLES 1-5 10/2/14 001-2025-514.41-50 2,133.92 EQUIFAX CREDIT REPORTS 001-2025-514.41-50 80.27 LEXISNEXIS PERSON SEARCHES 001-2025-514.41-50 54.20 Finance Department Customer Service Division Total: $6,258.40 UNITED PARCEL SERVICE Shipping Chgs 001-2080-514.42-10 67.80 Shipping Chgs 001-2080-514.42-10 22.60 USPS DISBURSING OFFICER OFFICE MACHINES&ACCESS 001-2080-514.42-10 26.66 Finance Department Reprographics Division Total: $117.06 Finance Department Department Total: $9,428.05 ADVANCED TRAVEL Labor conf.-Greenwood 001-3010-515.43-10 776.13 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-3010-515.42-10 12.24 09-23 A/C 206T310164584B 001-3010-515.42-10 16.69 CONSOLIDATED TECH SERVICES scan charges 001-3010-515.42-10 7.59 GREAT AMERICA LEASING CORP COPIER LEASE SEPTEMBER 001-3010-515.45-31 326.94 Attorney Attorney Office Division Total: $1,139.59 CITY OF FORKS JAIL BILL FOR SEPT. 001-3012-598.51-23 1,395.00 CLALLAM CNTY SHERIFF'S DEPT JAIL BILL-PER NEW AGRMT. 001-3012-598.51-23 48,451.79 Attorney Jail Contributions Division Total: $49,846.79 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-3021-515.42-10 8.16 09-23 A/C 206T310164584B 001-3021-515.42-10 11.13 CLALLAM CNTY DIST 1 COURT D.CT.JURY&WITNESS FEES 001-3021-515.50-90 9,368.26 CONSOLIDATED TECH SERVICES scan charges 001-3021-515.42-10 6.28 COPIERS NORTHWEST SEPT. COPY CHARGES 001-3021-515.31-01 97.87 GREAT AMERICA LEASING CORP COPIER LEASE SEPTEMBER 001-3021-515.45-31 326.94 Brett C.Trowbridge, Ph.D.J.D PSYCH. EVAL.#4Z0386411 001-3021-515.41-50 2,000.00 Attorney Prosecution Division Total: $11,818.64 Attorney Department Total: $62,805.02 CAPTAIN T'S STAFF SHIRT 001-4010-558.31-01 37.32 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-4010-558.42-10 15.30 09-23 A/C 206T310164584B 001-4010-558.42-10 20.87 CONSOLIDATED TECH SERVICES scan charges 001-4010-558.42-10 13.10 PORT ANGELES CITY TREASURER Chamber of Commerce Board 001-4010-558.31-01 19.28 Batteries for laser point 001-4010-558.31-01 3.01 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-4010-558.44-10 64.78 COMMUNICATIONS/MEDIA SERV 001-4010-558.44-10 60.04 Page 2 E - 2 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount Community Development Planning Division Total: $233.70 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-4020-524.42-10 5.30 09-23 A/C 206T310164584B 001-4020-524.42-10 7.23 CONSOLIDATED TECH SERVICES scan charges 001-4020-524.42-10 1.94 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-4020-524.31-01 5.21 PACIFIC OFFICE EQUIPMENT INC OFFICE MACHINES&ACCESS 001-4020-524.31-01 1,203.24 Community Development Building Division Total: $1,222.92 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-4030-559.42-10 0.82 09-23 A/C 206T310164584B 001-4030-559.42-10 1.11 CONSOLIDATED TECH SERVICES scan charges 001-4030-559.42-10 3.41 Community Development Code Compliance Division Total: $5.34 Community Development Department Total: $1,461.96 CENTURYLINK-QWEST 09-20 A/C 206Z200017790B 001-5010-521.42-10 199.03 09-23 A/C 206TO31979835B 001-5010-521.42-10 64.74 09-23 A/C 206T411918873B 001-5010-521.42-10 57.46 09-23 A/C 206T302306084B 001-5010-521.42-10 32.63 09-23 A/C 206T310164584B 001-5010-521.42-10 44.52 CONSOLIDATED TECH SERVICES scan charges 001-5010-521.42-10 70.41 PUBLIC SAFETY TESTING INC HUMAN SERVICES 001-5010-521.41-50 550.00 WA ASSN OF SHERIFFS&POLICE MEMBERSHIPS 001-5010-521.49-01 75.00 Police Department Police Administration Division Total: $1,093.79 OLYMPIC PENINSULA HUMANE SOCIETY MISCELLANEOUS SERVICES 001-5012-521.41-50 10,412.50 Police Department Intergovernmental Svcs Division Total: $10,412.50 CELLEBRITE USA, INC SECURITY,FIRE,SAFETY SERV 001-5021-521.49-01 3,359.31 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-5021-521.42-10 20.39 09-23 A/C 206T310164584B 001-5021-521.42-10 27.82 CONSOLIDATED TECH SERVICES scan charges 001-5021-521.42-10 1.24 Police Department Investigation Division Total: $3,408.76 ADVANCED TRAVEL New world group mtg-Morse 001-5022-521.43-10 198.79 K9 seminar-Miller 001-5022-521.49-80 486.72 BRATWEAR CLOTHING &APPAREL 001-5022-521.20-80 48.51 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-5022-521.42-10 57.10 09-23 A/C 206T310164584B 001-5022-521.42-10 77.91 CONSOLIDATED TECH SERVICES scan charges 001-5022-521.42-10 33.06 HARTNAGEL BUILDING SUPPLY INC POLICE EQUIPMENT&SUPPLY 001-5022-521.31-01 20.93 UNITED PARCEL SERVICE Shipping Chgs 001-5022-521.42-10 7.81 Police Department Patrol Division Total: $930.83 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-5029-521.42-10 20.39 09-23 A/C 206T310164584B 001-5029-521.42-10 27.82 CONSOLIDATED TECH SERVICES scan charges 001-5029-521.42-10 8.21 Police Department Records Division Total: $56.42 Police Department Department Total: $15,902.30 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-6010-522.42-10 28.55 Page 3 E - 3 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 09-23 A/C 206T310164584B 001-6010-522.42-10 38.95 09-23 A/C 206T302306084B 001-6010-522.42-11 8.16 09-23 A/C 206T310164584B 001-6010-522.42-11 11.13 CONSOLIDATED TECH SERVICES scan charges 001-6010-522.42-10 5.11 scan charges 001-6010-522.42-11 1.16 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-6010-522.31-01 10.10 PORT ANGELES CITY TREASURER Family Shirts-K Debuc 001-6010-522.20-80 15.66 UNITED PARCEL SERVICE Shipping Chgs 001-6010-522.42-10 14.80 Fire Department Fire Administration Division Total: $133.62 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-6020-522.42-10 26.51 09-23 A/C 206T310164584B 001-6020-522.42-10 36.17 CONSOLIDATED TECH SERVICES scan charges 001-6020-522.42-10 1.39 SUNSET DO-IT BEST HARDWARE PACKING/VALVE/OIL SEAL KI 001-6020-522.31-01 374.21 SWAIN'S GENERAL STORE INC HOSES,ALL KINDS 001-6020-522.31-01 11.86 UNITED PARCEL SERVICE Shipping Chgs 001-6020-522.42-10 14.87 VERIZON WIRELESS 09-15 A/C 264395724-00001 001-6020-522.42-10 78.84 Fire Department Fire Suppression Division Total: $543.85 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-6021-522.42-10 2.04 09-23 A/C 206T310164584B 001-6021-522.42-10 2.78 Fire Department Fire Volunteers Division Total: $4.82 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-6030-522.42-10 4.08 09-23 A/C 206T310164584B 001-6030-522.42-10 5.56 Fire Department Fire Prevention Division Total: $9.64 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-6040-522.42-10 4.08 09-23 A/C 206T310164584B 001-6040-522.42-10 5.56 CONSOLIDATED TECH SERVICES scan charges 001-6040-522.42-10 2.09 Fire Department Fire Training Division Total: $11.73 MRS CLEAN BUILDING MAINT&REPAIR SER 001-6050-522.41-50 425.00 OLYMPIC PARTY&CUSTODIAL SUPPLIE:TEXTILE,FIBERS,LINENS 001-6050-522.31-01 24.31 Fire Department Facilities Maintenance Division Total: $449.31 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-6060-525.42-10 18.35 09-23 A/C 206T310164584B 001-6060-525.42-10 25.04 GLOBALSTAR USA 09-26 A/C 1.50018853 001-6060-525.42-10 52.94 Fire Department Emergency Management Division Total: $96.33 Fire Department Department Total: $1,249.30 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-7010-532.42-10 63.22 09-23 A/C 206T310164584B 001-7010-532.42-10 86.26 CONSOLIDATED TECH SERVICES scan charges 001-7010-532.42-10 49.98 EAGLE POINT SOFTWARE CORP. DATA PROC SERV&SOFTWARE 001-7010-532.48-02 1,246.60 Jordyn Owen MILEAGE REIMBURSEMENT 001-7010-532.31-01 46.91 OFFICE DEPOT SUPPLIES 001-7010-532.31-01 41.17 SUPPLIES 001-7010-532.31-01 184.34 QUILL CORPORATION SUPPLIES 001-7010-532.31-01 107.74 Page 4 E - 4 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount QUILL CORPORATION SUPPLIES 001-7010-532.31-01 1,738.64 SUPPLIES 001-7010-532.31-01 892.84 SCHUNZEL, STEVEN THOMAS DATA PROC SERV&SOFTWARE 001-7010-532.41-50 800.00 DATA PROC SERV&SOFTWARE 001-7010-532.41-50 275.00 VERIZON WIRELESS 09-22 a/c 571136182-00001 001-7010-532.42-10 74.09 09-28 a/c 271138138-00002 001-7010-532.42-10 37.45 Public Wks& Utilities Pub Wks Administration Division Total: $5,644.24 Public Wks& Utilities Department Total: $5,644.24 ASM SIGNS SIGNS, SIGN MATERIAL 001-8010-574.41-50 1,084.00 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-8010-574.42-10 6.12 09-23 A/C 206T310164584B 001-8010-574.42-10 8.35 CONSOLIDATED TECH SERVICES scan charges 001-8010-574.42-10 7.98 VERIZON WIRELESS 09-22 a/c 571136182-00005 001-8010-574.42-10 19.08 Parks Dept Parks Administration Division Total: $1,125.53 CENTURYLINK-QWEST 09-23 A/C 3604577004F947B 001-8012-555.42-10 117.43 09-20 A/C 206T217227465B 001-8012-555.42-10 57.46 09-23 A/C 206T302306084B 001-8012-555.42-10 6.12 09-23 A/C 206T310164584B 001-8012-555.42-10 8.35 CONSOLIDATED TECH SERVICES scan charges 001-8012-555.42-10 4.88 PACIFIC OFFICE EQUIPMENT INC OFFICE MACHINES&ACCESS 001-8012-555.45-31 47.88 Parks Dept Senior Center Division Total: $242.12 ANGELES MILLWORK&LUMBER CO BUILDER'S SUPPLIES 001-8050-536.34-01 34.69 AUTOMATIC WILBERT VAULT CO INC CEMETERY SUPPLIES 001-8050-536.34-01 651.00 CEMETERY SUPPLIES 001-8050-536.34-01 1,541.00 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-8050-536.42-10 4.08 09-23 A/C 206T310164584B 001-8050-536.42-10 5.56 CONSOLIDATED TECH SERVICES scan charges 001-8050-536.42-10 1.01 MATTHEWS INTERNATIONAL CEMETERY MARKERS 001-8050-536.34-01 103.76 Vera Hilt Fuller BURIAL SPACE 001-8050-343.60-12 750.00 OPEN/CLOSING 001-8050-343.60-14 475.00 LINER PLACEMENT 001-8050-343.60-14 250.00 LINER 001-8050-343.60-15 250.00 QUIRING MONUMENTS INC CEMETERY MARKERS 001-8050-536.34-01 190.00 CEMETERY MARKERS 001-8050-536.34-01 148.00 CEMETERY MARKERS 001-8050-536.34-01 100.00 CEMETERY MARKERS 001-8050-536.34-01 398.00 VERIZON WIRELESS 09-22 a/c 571136182-00005 001-8050-536.42-10 42.70 Parks Dept Ocean View Cemetery Division Total: $4,944.80 ANGELES MILLWORK&LUMBER CO LAWN MAINTENANCE EQUIP 001-8080-576.31-01 21.35 PAINTS,COATI N GS,WALLPAPER 001-8080-576.31-20 29.26 BAXTER AUTO PARTS#15 FUEL,OIL,GREASE, & LUBES 001-8080-576.31-01 39.15 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-8080-576.42-10 20.39 Page 5 E - 5 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 09-23 A/C 206T310164584B 001-8080-576.42-10 27.82 CLALLAM CNTY DEPT OF COMM DEV ENVIRONMENTAL&ECOLOGICAL 001-8080-576.49-90 87.00 LINCOLN INDUSTRIAL CORP METALS,BARS,PLATES,RODS 001-8080-576.31-20 106.07 Gordon Taylor CLALLAM COUNTYBUILDING PE 001-8080-576.49-90 54.00 OLYMPIC LAUNDRY&DRY CLEANERS JANITORIAL SUPPLIES 001-8080-576.31-01 14.83 PORT ANGELES POWER EQUIPMENT LAWN MAINTENANCE EQUIP 001-8080-576.31-01 67.18 PUGET SAFETY EQUIPMENT INC FIRST AID&SAFETY EQUIP. 001-8080-576.31-01 526.82 SARGENT ENGINEERING, INC PW CONSTRUCTION & RELATED 001-8080-576.48-10 84.00 SKAGIT GARDENS INC NURSERY STOCK&SUPPLIES 001-8080-576.31-40 3,605.13 SUNSET DO-IT BEST HARDWARE HAND TOOLS ,POW&NON POWER 001-8080-576.31-20 3.16 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 001-8080-576.31-01 116.96 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 17.27 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 17.28 BRUSHES(NOT CLASSIFIED) 001-8080-576.31-20 20.43 ROADSIDE,GRNDS,REC, PARK 001-8080-576.31-40 103.87 VERIZON WIRELESS 09-22 a/c 571136182-00003 001-8080-576.42-10 124.48 Parks Dept Park Facilities Division Total: $5,086.45 Parks Dept Department Total: $11,398.90 ANGELES COMMUNICATIONS INC RADIO&TELECOMMUNICATION 001-8112-555.48-10 8,314.11 CAROUSEL INDUSTRIES RADIO&TELECOMMUNICATION 001-8112-555.31-20 7,945.37 CED/CONSOLIDATED ELEC DIST INC ELECTRICAL EQUIP&SUPPLY 001-8112-555.31-20 31.96 OLYMPIC RESTAURANT EQUIPMENT CAFETERIA&KIT EQUIP COM 001-8112-555.31-20 102.98 Facilities Maintenance Senior Center Facilities Division Total: $16,394.42 ANGELES MILLWORK&LUMBER CO HARDWARE,AND ALLIED ITEMS 001-8131-518.31-20 63.53 HARDWARE,AND ALLIED ITEMS 001-8131-518.31-20 7.49 CENTURYLINK-QWEST 09-23 A/C206T302306084B 001-8131-518.42-10 4.08 09-23 A/C206T310164584B 001-8131-518.42-10 5.56 CONNEY SAFETY PRODUCTS FIRST AID&SAFETY EQUIP. 001-8131-518.31-01 245.12 DEPT OF LABOR&INDUSTRIES BUILDING MAINT&REPAIR SER 001-8131-518.31-01 114.10 FAIRCHILD FLOORS BUILDING MAINT&REPAIR SER 001-8131-518.31-20 66.34 FERGUSON ENTERPRISES INC PLUMBING EQUIP FIXT,SUPP 001-8131-518.31-20 303.09 HARTNAGEL BUILDING SUPPLY INC PAINTS,COATI N GS,WALLPAPER 001-8131-518.31-20 88.05 PAINTS,COATI N GS,WALLPAPER 001-8131-518.31-20 246.57 JOHNSTONE SUPPLY INC PLUMBING EQUIP FIXT,SUPP 001-8131-518.31-20 611.56 SUNSET DO-IT BEST HARDWARE PIPE FITTINGS 001-8131-518.31-20 19.96 SWAIN'S GENERAL STORE INC HARDWARE,AND ALLIED ITEMS 001-8131-518.31-01 9.72 HARDWARE,AND ALLIED ITEMS 001-8131-518.31-01 8.61 THURMAN SUPPLY PIPE FITTINGS 001-8131-518.31-20 13.30 PIPE FITTINGS 001-8131-518.31-20 281.76 PIPE FITTINGS 001-8131-518.31-20 76.54 PIPE FITTINGS 001-8131-518.31-20 7.69 VERIZON WIRELESS 09-22 a/c 571136182-00005 001-8131-518.42-10 38.16 Page 6 E - 6 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount Facilities Maintenance Central Svcs Facilities Division Total: $2,211.23 Facilities Maintenance Department Total: $18,605.65 AT&T MOBILITY 09-26 a/c 994753890 001-8221-574.42-10 11.91 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-8221-574.42-10 4.08 09-23 A/C 206T310164584B 001-8221-574.42-10 5.56 CONSOLIDATED TECH SERVICES scan charges 001-8221-574.42-10 7.36 WA AMATEUR SOFTBALL ASSN MEMBERSHIPS 001-8221-574.49-01 123.00 MEMBERSHIPS 001-8221-574.49-01 136.00 Recreation Activities Sports Programs Division Total: $287.91 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 001-8224-574.42-10 2.04 09-23 A/C 206T310164584B 001-8224-574.42-10 2.78 CONSOLIDATED TECH SERVICES scan charges 001-8224-574.42-10 3.25 SWAIN'S GENERAL STORE INC HARDWARE,AND ALLIED ITEMS 001-8224-574.31-01 22.67 VERIZON WIRELESS 09-22 a/c 571136182-00005 001-8224-574.42-10 19.08 Recreation Activities Youth/Family Programs Division Total: $49.82 Recreation Activities Department Total: $337.73 General Fund Fund Total: $141,361.24 PORT ANGELES CHAMBER OF COMM MISC PROFESSIONAL SERVICE 101-1430-557.50-83 10,015.67 Lodging Excise Tax Lodging Excise Tax Division Total: $10,015.67 Lodging Excise Tax Department Total: $10,015.67 Lodging Excise Tax Fund Fund Total: $10,015.67 JAMAR TECHNOLOGIES, INC. MARKERS, PLAQUES,SIGNS 102-0000-237.00-00 -401.61 Division Total: -$401.61 Department Total: -$401.61 ANGELES MILLWORK&LUMBER CO LUMBER& RELATED PRODUCTS 102-7230-542.31-20 16.55 LUMBER& RELATED PRODUCTS 102-7230-542.31-20 26.62 FASTENERS, FASTENING DEVS 102-7230-542.31-20 4.68 HARDWARE,AND ALLIED ITEMS 102-7230-542.31-20 17.85 HAND TOOLS ,POW&NON POWER 102-7230-542.31-20 19.52 PAINTS,COATI N GS,WALLPAPER 102-7230-542.31-25 46.90 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 102-7230-542.42-10 10.20 09-23 A/C 206T310164584B 102-7230-542.42-10 13.91 CONSOLIDATED TECH SERVICES scan charges 102-7230-542.42-10 3.87 FASTENAL INDUSTRIAL MACHINERY& HEAVY HRDWARE 102-7230-542.31-01 103.20 MACHINERY& HEAVY HRDWARE 102-7230-542.31-01 309.59 FERGUSON ENTERPRISES INC PIPE AND TUBING 102-7230-542.31-20 104.06 HEARTLINE NURSERY STOCK&SUPPLIES 102-7230-542.31-20 31.44 HOLCOMB&COMPANY, D ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 1,592.50 JAMAR TECHNOLOGIES, INC. MARKERS, PLAQUES,SIGNS 102-7230-542.31-20 5,182.61 LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 68.70 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 288.40 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 1,332.25 Page 7 E - 7 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 892.31 PUD#1 OF CLALLAM COUNTY Lauridsen& L St 102-7230-542.47-10 15.33 Sr 101 & Euclid 102-7230-542.47-10 16.25 SHERWIN-WILLIAMS COMPANY,THE PAINTING EQUIPMENT&ACC 102-7230-542.35-01 89.79 SUNSET DO-IT BEST HARDWARE HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 120.17 HARDWARE,AND ALLIED ITEMS 102-7230-542.31-20 4.38 SWAIN'S GENERAL STORE INC HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 18.20 HARDWARE,AND ALLIED ITEMS 102-7230-542.31-20 47.63 HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 16.19 LAWN MAINTENANCE EQUIP 102-7230-542.35-01 64.97 THURMAN SUPPLY PIPE AND TUBING 102-7230-542.31-20 64.82 HARDWARE,AND ALLIED ITEMS 102-7230-542.31-20 147.50 VERIZON WIRELESS 09-22 a/c 571136182-00003 102-7230-542.42-10 116.47 Public Works-Street Street Division Total: $10,786.86 Public Works-Street Department Total: $10,786.86 Street Fund Fund Total: $10,385.25 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 103-1511-558.42-10 1.02 09-23 A/C 206T310164584B 103-1511-558.42-10 1.39 Economic Development Economic Development Division Total: $2.41 Economic Development Department Total: $2.41 Economic Development Fund Total: $2.41 ADVANCED TRAVEL Text to 911 demo-Homan 107-5160-528.43-11 71.00 Text to 911 demo-Romberg 107-5160-528.43-11 736.45 Text to 911 demo-VanSickl 107-5160-528.43-11 71.00 CAPTAIN T'S CLOTHING &APPAREL 107-5160-528.20-80 258.43 CLOTHING &APPAREL 107-5160-528.20-80 249.75 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 107-5160-528.42-10 55.06 09-23 A/C 206T310164584B 107-5160-528.42-10 75.13 CLINICARE OF PORT ANGELES INC HEALTH RELATED SERVICES 107-5160-528.41-50 67.00 HEALTH RELATED SERVICES 107-5160-528.41-50 32.00 CONSOLE CLEANING SPECIALISTS JANITORIAL SUPPLIES 107-5160-528.31-01 144.17 CONSOLIDATED TECH SERVICES scan charges 107-5160-528.42-10 90.74 PETEK,THOMAS C PHD HEALTH RELATED SERVICES 107-5160-528.41-50 300.00 PUBLIC SAFETY TESTING INC HUMAN SERVICES 107-5160-528.41-50 150.00 QUILL CORPORATION OFFICE SUPPLY,INKS,LEADS 107-5160-528.31-01 147.05 WHEELER, DEBORAH LLC HEALTH RELATED SERVICES 107-5160-528.41-50 35.00 Pencom Pencom Division Total: $2,482.78 Pencom Department Total: $2,482.78 Pencom Fund Fund Total: $2,482.78 ANGELES MILLWORK&LUMBER CO HARDWARE,AND ALLIED ITEMS 156-8630-575.31-20 25.32 CENTURYLINK-QWEST 09-23 A/C 2067418577331 B 156-8630-575.42-10 57.46 09-23 A/C 206T302306084B 156-8630-575.42-10 6.12 Page 8 E - 8 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 09-23 A/C 206T310164584B 156-8630-575.42-10 8.35 PORT ANGELES FINE ARTS CENTER FNCART EQUIPMENT&SUPPLIES 156-8630-575.31-01 25.53 OFFICE SUPPLIES, GENERAL 156-8630-575.31-01 58.25 ART EQUIPMENT&SUPPLIES 156-8630-575.31-01 298.59 FOODS: PERISHABLE 156-8630-575.31-01 85.80 NOTIONS&RELATED SEWING 156-8630-575.31-01 25.95 MANAGEMENT SERVICES 156-8630-575.44-10 50.00 PRINTING,SILK SCR,TYPSET 156-8630-575.49-60 1,410.90 VERIZON WIRELESS 09-22 a/c 571136182-00005 156-8630-575.42-10 21.09 WATKINS,APRIL D. EDUCATIONAL SERVICES 156-8630-575.41-50 180.00 WE PROMOTE YOU PRINTING,SILK SCR,TYPSET 156-8630-575.49-60 605.26 PRINTING,SILK SCR,TYPSET 156-8630-575.49-60 161.79 Esther Webster/Fine Arts Esther Webster/Fine Arts Division Total: $3,020.41 Esther Webster/Fine Arts Department Total: $3,020.41 Fine Arts Center Fund Total: $3,020.41 EXELTECH CONSULTING INC CONSULTING SERVICES 310-7930-595.65-10 2,373.27 Capital Projects-Pub Wks GF-Street Projects Division Total: $2,373.27 STUDIO CASCADE, INC CONSULTING SERVICES 310-7961-595.65-10 58,650.05 SWCA ENVIRONMENTAL CONSULTANTS ENVIRONMENTAL&ECOLOGICAL 310-7961-595.65-10 1,439.04 Capital Projects-Pub Wks ST-Sidewalk Improvement Division Total: $60,089.09 Capital Projects-Pub Wks Department Total: $62,462.36 BEAMAN ARCHITECTURE, LTD CONSULTING SERVICES 310-8985-594.65-10 1,483.97 FERGUSON ENTERPRISES INC STEAM &HOT WATER BOILERS 310-8985-594.65-10 17,018.25 MADSEN ROOFING, INC CONSTRUCTION SERVICES,TRA 310-8985-594.65-10 76,356.96 Capital Proj-Parks & Rec Misc Parks Projects Division Total: $94,859.18 Capital Proj-Parks & Rec Department Total: $94,859.18 Capital Improvement Fund Total: $157,321.54 Donnie Abbott LOOMIS CANCELLATION ABBOT 316-8982-362.40-12 135.00 Capital Proj-Parks & Rec Lincoln Park Improvmt Division Total: $135.00 Capital Proj-Parks & Rec Department Total: $135.00 Lincoln Park Improvement Fund Total: $135.00 CARLSON SALES METERING SOLUTIONS ELECTRICAL EQUIP&SUPPLY 401-0000-141.41-00 1,399.12 CED/CONSOLIDATED ELEC DIST INC ELECTRICAL EQUIP&SUPPLY 401-0000-141.41-00 330.23 GENERAL PACIFIC INC ELECTRICAL CABLES&WIRES 401-0000-141.41-00 1,575.03 ALLMAN, ROBERT M FINAL BILL REFUND 401-0000-122.10-99 23.67 BERRYOUNG,TIVOLI D FINAL BILL REFUND 401-0000-122.10-99 59.89 BRUCH&BRUCH CONSTRUCTION FINAL BILL REFUND-HYDRANT 401-0000-122.10-99 685.92 CARR, FRANK OVERPAYMENT-715 CURRIER 401-0000-122.10-99 327.87 CEDAR STREET LLC FINAL REFUND-913 E 9TH ST 401-0000-122.10-99 10.98 DEBORD,JACKIE FINAL BILL REFUND 401-0000-122.10-99 34.22 DICK, RICHARD E FINAL BILL REFUND 401-0000-122.10-99 71.19 DUTTON, EUGENE A UTILITY DEPOSIT REFUND 401-0000-122.10-99 250.00 Page 9 E - 9 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount EYMERT, KARL FINAL BILL REFUND 401-0000-122.10-99 48.48 GREENBERG,ARTHUR OVERPAYMENT-622 S RACE ST 401-0000-122.10-99 164.55 OVERPAYMENT-313 CHAMBERS 401-0000-122.10-99 147.20 GRIFFITH, SARA FINAL BILL REFUND 401-0000-122.10-99 95.98 HALE, MISTY D FINAL BILL REFUND 401-0000-122.10-99 64.27 HAMMEL, ELIJAH FINAL BILL REFUND 401-0000-122.10-99 84.79 HIGHLAND COMMONS II FINAL CREDIT-1703 APT#217 401-0000-122.10-99 12.45 LEVIS, MISHA BETHANY FINAL BILL REFUND 401-0000-122.10-99 87.23 LOWRANCE,JAMES C FINAL BILL REFUND 401-0000-122.10-99 36.36 MACDONALD, DEBRA SUE FINAL BILL REFUND 401-0000-122.10-99 105.97 MAI,VIOLA FINAL BILL REFUND 401-0000-122.10-99 67.69 MAY,SARAH LYNN FINAL BILL REFUND 401-0000-122.10-99 153.24 NORRIS, KATY OVERPAYMENT-126 W 4TH ST 401-0000-122.10-99 0.02 PORT ANGELES REALTY FINAL CREDIT-808 W 4TH ST 401-0000-122.10-99 129.24 PULSIPHER,WILLIAM M FINAL BILL REFUND 401-0000-122.10-99 75.45 READER, RANDY D UTILITY DEPOSIT REFUND 401-0000-122.10-99 250.00 SCHAUER, KENNETH L FINAL BILL REFUND 401-0000-122.10-99 75.89 SHEARER,JUSTIN FINAL BILL REFUND 401-0000-122.10-99 20.92 SHEMS, ROGER N FINAL BILL REFUND 401-0000-122.10-99 11.92 STOCKDALE,ADAM R FINAL BILL REFUND 401-0000-122.10-99 88.25 URANGA, RAUL FINAL BILL REFUND 401-0000-122.10-99 39.13 WITHERSPOON, BARBARA FINAL BILL REFUND 401-0000-122.10-99 84.06 SHAKESPEARE COMPOSITES ELECTRICAL EQUIP&SUPPLY 401-0000-141.43-00 15,336.86 WESCO DISTRIBUTION INC ELECTRICAL EQUIP&SUPPLY 401-0000-141.41-00 278.59 FASTENERS, FASTENING DEVS 401-0000-141.41-00 115.92 ELECTRICAL EQUIP&SUPPLY 401-0000-141.41-00 425.70 FASTENERS, FASTENING DEVS 401-0000-141.41-00 568.62 ELECTRICAL CABLES&WIRES 401-0000-141.42-00 3,426.57 Division Total: $26,763.47 Department Total: $26,763.47 CENTURYLINK-QWEST 09-23 A/C206T302306084B 401-7111-533.42-10 6.12 09-23 A/C206T310164584B 401-7111-533.42-10 8.35 CONSOLIDATED TECH SERVICES scan charges 401-7111-533.42-10 2.79 VERIZON WIRELESS 09-22 a/c 571136182-00001 401-7111-533.42-10 54.67 Public Works-Electric Engineering-Electric Division Total: $71.93 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 401-7120-533.42-10 6.12 09-23 A/C 206T310164584B 401-7120-533.42-10 8.35 CONSOLIDATED TECH SERVICES scan charges 401-7120-533.42-10 20.15 Public Works-Electric Power Systems Division Total: $34.62 ADVANCED TRAVEL IAEI meeting-Peppard 401-7180-533.43-10 1,387.00 ANGELES MILLWORK&LUMBER CO BUILDING MAINT&REPAIR SER 401-7180-533.31-20 77.28 BAXTER AUTO PARTS#15 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 16.81 Page 10 E - 10 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount BAXTER AUTO PARTS#15 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 9.75 CED/CONSOLIDATED ELEC DIST INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 156.10 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 97.10 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 71.09 FASTENERS, FASTENING DEVS 401-7180-533.34-02 115.12 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 67.00 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 401-7180-533.42-10 48.94 09-23 A/C 206T310164584B 401-7180-533.42-10 66.78 09-05 a/c 3604522245145B 401-7180-533.42-10 42.60 CONSOLIDATED TECH SERVICES scan charges 401-7180-533.42-10 21.64 ELLIOTT'S TREE CARE, LLC ROADSIDE,GRNDS,REC, PARK 401-7180-533.48-10 8,280.00 ROADSIDE,GRNDS,REC, PARK 401-7180-533.48-10 8,280.00 ROADSIDE,GRNDS,REC, PARK 401-7180-533.48-10 8,200.00 FERGUSON ENTERPRISES INC PLUMBING EQUIP FIXT,SUPP 401-7180-533.31-20 258.23 PLUMBING EQUIP FIXT,SUPP 401-7180-533.31-20 369.83 PLUMBING EQUIP FIXT,SUPP 401-7180-533.31-20 21.03 GRAINGER PROSTHETIC,HEARING AID ET 401-7180-533.31-01 188.01 ELECTRICAL EQUIP&SUPPLY 401-7180-533.31-01 78.89 MATERIAL HNDLING&STOR EQP 401-7180-533.34-02 426.15 Brent Robinson MEAL REIMBURSEMENT 401-7180-533.31-01 30.50 MEAL REIMBURSEMENT 401-7180-533.31-01 15.25 Jeremy Badertscher MEAL REIMBURSEMENT 401-7180-533.31-01 30.50 Jim Shay MEAL REIMBURSEMENT 401-7180-533.31-01 15.25 Mike Smith CDL ENDORSEMENT REIMBURSE 401-7180-533.43-10 102.00 Robert Williams MEAL REIMBURSEMENT 401-7180-533.31-01 30.50 Vern Daugaard MEAL REIMBURSEMENT 401-7180-533.31-01 15.25 NATIONAL BARRICADE CO., LLC MARKERS, PLAQUES,SIGNS 401-7180-533.35-01 4,306.05 OLDCASTLE PRECAST, INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 879.13 OLYMPIC LAUNDRY&DRY CLEANERS LAUNDRY/DRY CLEANING SERV 401-7180-533.41-50 82.79 LAUNDRY/DRY CLEANING SERV 401-7180-533.41-50 82.79 OLYMPIC PARTY&CUSTODIAL SUPPLIE:OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 187.88 PAINT&CARPET BARN,THE BUILDING MAINT&REPAIR SER 401-7180-533.31-20 76.66 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 81.66 ELECTRICAL EQUIP&SUPPLY 401-7180-533.35-01 222.94 PUD#1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 401-7180-533.41-50 62.72 ROHLINGER ENTERPRISES INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.35-01 162.60 ELECTRICAL EQUIP&SUPPLY 401-7180-533.35-01 62.04 EQUIP MAINT& REPAIR SERV 401-7180-533.48-10 317.61 TESTING&CALIBRATION SERVI 401-7180-533.48-10 136.58 TESTING&CALIBRATION SERVI 401-7180-533.48-10 149.59 TESTING&CALIBRATION SERVI 401-7180-533.48-10 2,100.79 SECURITY SERVICES NW, INC COMMUNICATIONS/MEDIA SERV 401-7180-533.41-50 650.00 Page 11 E - 11 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount SPX TRANSFORMER SOLUTIONS, INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 5,718.10 STUSSER ELECTRIC ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 461.09 SUNSET DO-IT BEST HARDWARE ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 14.61 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 4.87 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 9.72 SWAIN'S GENERAL STORE INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 8.64 THURMAN SUPPLY BUILDING MAINT&REPAIR SER 401-7180-533.31-20 41.84 VERIZON WIRELESS 09-22 a/c 571136182-00002 401-7180-533.42-10 168.32 WESCO DISTRIBUTION INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 254.37 Public Works-Electric Electric Operations Division Total: $44,761.99 Public Works-Electric Department Total: $44,868.54 Electric Utility Fund Fund Total: $71,632.01 FERGUSON ENTERPRISES INC PIPE FITTINGS 402-0000-141.40-00 2,076.97 Division Total: $2,076.97 Department Total: $2,076.97 AIRPORT GARDEN CENTER FEED,BEDDING,VIT-ANIMALS 402-7380-534.31-20 34.64 SEED,SOD,SOIL&INOCULANT 402-7380-534.31-20 53.65 SEED,SOD,SOIL&INOCULANT 402-7380-534.31-20 48.77 ANDERSON&SONS GRAVEL ROAD/HWY MAT NONASPHALTIC 402-7380-534.31-20 298.10 ROAD/HWY MAT NONASPHALTIC 402-7380-534.31-20 447.15 ANGELES MILLWORK&LUMBER CO ROAD/HWY MAT NONASPHALTIC 402-7380-534.31-20 29.48 CASCADE COLUMBIA DISTRIBUTION, INCSTEAM &HOT WATER BOILERS 402-7380-534.31-05 7,538.98 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 402-7380-534.42-10 18.35 09-23 A/C 206T310164584B 402-7380-534.42-10 25.04 09-05 a/c 3604525230978B 402-7380-534.42-10 135.07 09-05 a/c 3604524587479B 402-7380-534.42-10 102.72 09-10 a/c 360Z1 00240955B 402-7380-534.42-10 162.71 09-14 a/c 3604571270975B 402-7380-534.42-10 192.08 09-23 a/c 206T411255315B 402-7380-534.42-10 64.59 CONSOLIDATED TECH SERVICES scan charges 402-7380-534.42-10 4.80 EDGE ANALYTICAL TESTING&CALIBRATION SERVI 402-7380-534.41-50 120.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 57.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 122.00 HEARTLINE SEED,SOD,SOIL&INOCULANT 402-7380-534.31-20 113.82 SEED,SOD,SOIL&INOCULANT 402-7380-534.31-20 113.82 Devin Scott MEAL REIMBURSEMENTS 402-7380-534.31-01 45.75 Jeff Groves MEAL REIMBURSEMENTS 402-7380-534.31-01 45.75 Mindie Hart MEAL REIMBURSEMENTS 402-7380-534.31-01 45.75 Rick Hartley MEAL REIMBURSEMENTS 402-7380-534.31-01 45.75 Ron Anderson MEAL REIMBURSEMENTS 402-7380-534.31-01 45.75 Tim Wright MEAL REIMBURSEMENTS 402-7380-534.31-01 45.75 NEEA INDUSTRIAL TRAINING REGISTRATION FEE FOR JAME 402-7380-534.43-10 199.00 Page 12 E - 12 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount NEEA INDUSTRIAL TRAINING REGISTRATION FEE FOR JEFF 402-7380-534.43-10 199.00 REGISTRATION FEE FOR JASO 402-7380-534.43-10 199.00 OFFICE DEPOT SUPPLIES 402-7380-534.31-01 174.82 OLYMPIC STATIONERS INC SUPPLIES 402-7380-534.31-01 6.67 SUPPLIES 402-7380-534.31-01 112.30 PACIFIC OFFICE EQUIPMENT INC COMPUTER ACCESSORIES&SUPF402-7380-534.31-01 269.22 PLATT ELECTRIC SUPPLY INC AIR CONDITIONING & HEATNG 402-7380-534.31-20 74.97 AIR CONDITIONING & HEATNG 402-7380-534.31-20 748.79 PORS ATTYAT LAW,THOMAS M WATER RIGHT EXTENSION 402-7380-534.41-50 3,360.00 PUD#1 OF CLALLAM COUNTY Crown Z Water Rd 402-7380-534.47-10 24.94 Reservoir Rd 402-7380-534.47-10 45.57 SEARS COMMERCIAL ONE APPLIANCES, HOUSEHOLD 402-7380-534.31-01 196.97 SWAIN'S GENERAL STORE INC HAND TOOLS ,POW&NON POWER 402-7380-534.31-01 59.67 THURMAN SUPPLY TAPE(NOT DP,SOUND,VIDEO) 402-7380-534.31-20 11.86 ROAD/HWY MAT NONASPHALTIC 402-7380-534.31-20 62.93 PIPE AND TUBING 402-7380-534.31-20 17.00 PLUMBING EQUIP FIXT,SUPP 402-7380-534.31-20 47.37 HAND TOOLS ,POW&NON POWER 402-7380-534.35-01 47.14 TWISS ANALYTICAL LABORATORIES TESTING&CALIBRATION SERVI 402-7380-534.41-50 215.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 215.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 241.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 147.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 215.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 22.50 TESTING&CALIBRATION SERVI 402-7380-534.41-50 215.00 Public Works-Water Water Division Total: $17,084.99 Public Works-Water Department Total: $17,084.99 Water Fund Fund Total: $19,161.96 LOU'S GLOVES, INC CLOTHING &APPAREL 403-0000-237.00-00 -51.16 SPECTER INSTRUMENTS, INC EQUIP MAINT& REPAIR SERV 403-0000-237.00-00 -25.20 Division Total: -$76.36 Department Total: -$76.36 ADS, LLC ENVIRONMENTAL&ECOLOGICAL 403-7480-535.41-50 4,348.09 ANGELES COMMUNICATIONS INC ELECTRICAL CABLES&WIRES 403-7480-535.41-50 129.04 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 403-7480-535.42-10 16.31 09-23 A/C 206T310164584B 403-7480-535.42-10 22.26 CONSOLIDATED TECH SERVICES scan charges 403-7480-535.42-10 7.35 EDGE ANALYTICAL TESTING&CALIBRATION SERVI 403-7480-535.41-50 446.00 TESTING&CALIBRATION SERVI 403-7480-535.41-50 275.90 ENVIRON TESTING&CALIBRATION SERVI 403-7480-535.41-50 700.00 FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 403-7480-535.31-01 29.78 FEIRO MARINE LIFE CENTER CONSULTING SERVICES 403-7480-535.44-10 1,148.00 Page 13 E - 13 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount FERGUSON ENTERPRISES INC PIPE FITTINGS 403-7480-535.31-01 443.38 FERRELLGAS INC FUEL,OIL,GREASE, & LUBES 403-7480-535.32-12 380.05 LOU'S GLOVES, INC CLOTHING &APPAREL 403-7480-535.31-01 660.16 Richard Ballard CDL REIMBURSEMENT TO RICH 403-7480-535.49-90 102.00 NEEA INDUSTRIAL TRAINING REGISTRATION FOR JEFF YOU 403-7480-535.43-10 199.00 REGISTRATION FOR TIM WRIG 403-7480-535.43-10 199.00 REGISTRATION FOR RICK HAR 403-7480-535.43-10 199.00 REGISTRATION FOR GARY RIC 403-7480-535.43-10 199.00 REGISTRATION FOR JAY DIVE 403-7480-535.43-10 199.00 NAPA AUTO PARTS SUPPLIES 403-7480-535.31-01 56.93 SUPPLIES 403-7480-535.31-01 78.70 OLYMPIC STATIONERS INC SUPPLIES 403-7480-535.31-01 37.39 SUPPLIES 403-7480-535.31-01 11.67 SUPPLIES 403-7480-535.31-01 23.70 PORT ANGELES CITY TREASURER Water& mailing reimburse 403-7480-535.31-01 11.36 Reimburse for certified m 403-7480-535.42-10 9.05 reimbursement certified m 403-7480-535.42-10 9.05 Water& mailing reimburse 403-7480-535.42-10 13.67 SPECTER INSTRUMENTS, INC EQUIP MAINT& REPAIR SERV 403-7480-535.31-60 325.20 SUNSET DO-IT BEST HARDWARE HARDWARE,AND ALLIED ITEMS 403-7480-535.31-01 18.09 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-01 70.09 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-01 7.58 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-01 2.72 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-01 10.88 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-01 16.34 SWAIN'S GENERAL STORE INC HARDWARE,AND ALLIED ITEMS 403-7480-535.31-01 18.29 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-01 36.57 CHEMICAL LAB EQUIP&SUPP 403-7480-535.31-01 12.85 SUPPLIES 403-7480-535.31-01 29.24 THURMAN SUPPLY TAPE(NOT DP,SOUND,VIDEO) 403-7480-535.31-01 26.94 PIPE FITTINGS 403-7480-535.31-20 68.97 PIPE FITTINGS 403-7480-535.31-20 20.59 PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-20 151.55 VERIZON WIRELESS 09-22 a/c 571136182-00004 403-7480-535.42-10 56.00 Public Works-WW/Stormwtr Wastewater Division Total: $10,826.74 Public Works-WW/Stormwtr Department Total: $10,826.74 Wastewater Fund Fund Total: $10,750.38 C DENNIS ENTERPRISES C DENNIS ENTERPRISES 404-0000-213.10-90 18.39 NORTHERN TOOL/BLUETARP SUPPLIES 404-0000-237.00-00 -42.57 Division Total: -$24.18 Department Total: -$24.18 ANGELES MILLWORK&LUMBER CO SUPPLIES 404-7538-537.31-20 66.17 Page 14 E - 14 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 09-23 A/C 206T302306084B 404-7538-537.42-10 8.16 CLALLAM CNTY SOLID WASTE DEPT BLDG CONSTRUC. SERVICES- 404-7538-537.49-90 2,054.60 CONSOLIDATED TECH SERVICES scan charges 404-7538-537.42-10 6.97 FERGUSON ENTERPRISES INC SUPPLIES 404-7538-537.31-20 525.93 MIDWEST LABORATORIES INC TESTING&CALIBRATION SERVI 404-7538-537.41-50 215.00 Sonja Coventon MILEAGE REIMBURSEMENT 404-7538-537.31-01 134.06 PORT ANGELES CITY TREASURER Water-S Coventon 404-7538-537.31-01 31.50 SPECTRA LABORATORIES, LLC TESTING&CALIBRATION SERVI 404-7538-537.41-50 100.00 SWAIN'S GENERAL STORE INC JANITORIAL SUPPLIES 404-7538-537.31-01 110.18 WASTE CONNECTIONS, INC ENVIRONMENTAL&ECOLOGICAL 404-7538-537.41-51 1,327.17 BLDG CONSTRUC. SERVICES- 404-7538-537.41-51 282,734.35 ENVIRONMENTAL&ECOLOGICAL 404-7538-537.45-30 5,367.27 ENVIRONMENTAL&ECOLOGICAL 404-7538-582.75-10 28,547.94 ENVIRONMENTAL&ECOLOGICAL 404-7538-592.83-10 34,230.79 Public Works-Solid Waste SW- Transfer Station Division Total: $355,460.09 ANGELES MILLWORK&LUMBER CO SUPPLIES 404-7580-537.31-01 57.60 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 404-7580-537.42-10 8.16 09-23 A/C 206T310164584B 404-7580-537.42-10 22.26 CLALLAM CNTY SOLID WASTE DEPT BLDG CONSTRUC. SERVICES- 404-7580-537.44-10 378.00 CONSOLIDATED TECH SERVICES scan charges 404-7580-537.42-10 4.34 ASSOCIATION OF OREGON RECYCLER MEMBERSHIP RENEWAL FOR 20 404-7580-537.44-10 60.00 NORTHERN TOOL/BLUETARP SUPPLIES 404-7580-537.35-01 549.27 PEN PRINT INC MISCELLANEOUS SERVICES 404-7580-537.44-10 21.68 PORT ANGELES CITY TREASURER Refreshments solid waste 404-7580-537.42-10 15.95 SWAIN'S GENERAL STORE INC SCHOOL EQUIP&SUPPLIES 404-7580-537.44-10 16.16 WASTE CONNECTIONS, INC ENVIRONMENTAL&ECOLOGICAL 404-7580-537.41-51 54,357.02 Public Works-Solid Waste Solid Waste-Collections Division Total: $55,490.44 ASPECT CONSULTING, LLC CONSULTING SERVICES 404-7585-537.41-50 3,413.86 Public Works-Solid Waste Solid Waste-Landfill Division Total: $3,413.86 Public Works-Solid Waste Department Total: $414,364.39 Solid Waste-Collections Fund Total: $414,340.21 ADVANCED TRAVEL Bioretention lid workshop 406-7412-538.43-10 167.06 Bioretention lid workshop 406-7412-538.43-10 167.06 ANGELES MILLWORK&LUMBER CO HAND TOOLS ,POW&NON POWER 406-7412-538.35-01 49.35 HAND TOOLS ,POW&NON POWER 406-7412-538.35-01 19.71 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 406-7412-538.42-10 4.08 09-23 A/C 206T310164584B 406-7412-538.42-10 5.56 CLALLAM CNTY ROAD DEPT TESTING&CALIBRATION SERVI 406-7412-538.41-50 593.88 CONSOLIDATED TECH SERVICES scan charges 406-7412-538.42-10 2.25 EDGE ANALYTICAL ENVIRONMENTAL&ECOLOGICAL 406-7412-538.41-50 388.00 FEIRO MARINE LIFE CENTER CONSULTING SERVICES 406-7412-538.41-50 3,567.00 PORT ANGELES CITY TREASURER Postage&Certified Mail 406-7412-538.42-10 9.19 Page 15 E - 15 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount Public Works-WW/Stormwtr Stormwater Division Total: $4,973.14 Public Works-WW/Stormwtr Department Total: $4,973.14 Stormwater Fund Fund Total: $4,973.14 BOUND TREE MEDICAL, LLC SALE SURPLUS/OBSOLETE 409-6025-526.31-01 407.56 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 409-6025-526.42-10 24.47 09-23 A/C 206T310164584B 409-6025-526.42-10 33.39 MOROZ,JAMES FIRST AID&SAFETY EQUIP. 409-6025-526.31-08 200.00 OLYMPIC OXYGEN ENVIRONMENTAL&ECOLOGICAL 409-6025-526.31-13 10.24 VERIZON WIRELESS 09-15 A/C 264395724-00001 409-6025-526.42-10 133.81 Fire Department Medic I Division Total: $809.47 Fire Department Department Total: $809.47 Medic I Utility Fund Total: $809.47 ECHTLE RESEARCH LIBRARY SERVICES(EXCL 908 413-7481-535.41-50 4,653.48 LIBRARY SERVICES(EXCL 908 413-7481-535.41-50 4,725.00 LIBRARY SERVICES(EXCL 908 413-7481-535.41-50 2,925.00 CENTURY INDEMNITY COMPANY PA HARBOR(CENTURY)REFUND 413-7481-369.40-00 10,205.50 WA STATE DEPARTMENT OF ECOLOGY ENVIRONMENTAL&ECOLOGICAL 413-7481-535.41-50 6,275.94 Public Works-WW/Stormwtr Wastewater Remediation Division Total: $28,784.92 Public Works-WW/Stormwtr Department Total: $28,784.92 Harbor Clean Up Fund Total: $28,784.92 ALL WEATHER HEATING&COOLING CITY REBATE 421-7121-533.49-86 500.00 CITY REBATE 421-7121-533.49-86 1,200.00 ALPHA BUILDER CORPORATION CITY REBATE 421-7121-533.49-86 3,665.03 ANGELES HEATING, INC CITY REBATE 421-7121-533.49-86 800.00 CASCADE ENERGY SERVICES CITY REBATE 421-7121-533.49-86 500.00 CENTURYLINK-QWEST 09-23 A/C206T302306084B 421-7121-533.42-10 4.08 09-23 A/C206T310164584B 421-7121-533.42-10 5.63 CONSOLIDATED TECH SERVICES scan charges 421-7121-533.42-10 9.30 DAVE'S HEATING&COOLING SVC CITY REBATE 421-7121-533.49-86 800.00 GLASS SERVICES CO INC CITY REBATE 421-7121-533.49-86 558.00 CITY REBATE 421-7121-533.49-86 1,636.02 MATHEWS GLASS CO INC CITY REBATE 421-7121-533.49-86 1,004.64 CITY REBATE 421-7121-533.49-86 362.64 CITY REBATE 421-7121-533.49-86 528.00 CITY REBATE 421-7121-533.49-86 187.02 Esther Alward CITY REBATE 421-7121-533.49-86 50.00 Lynda Eshom CITY REBATE 421-7121-533.49-86 100.00 Mark Priest CITY REBATE 421-7121-533.49-86 50.00 Melvin Kossen CITY REBATE 421-7121-533.49-86 100.00 Michael McVicken CITY REBATE 421-7121-533.49-86 50.00 Michael Stenger CITY REBATE 421-7121-533.49-86 15.00 Thomas Munro CITY REBATE 421-7121-533.49-86 50.00 Page 16 E - 16 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount Tom Martin CITY REBATE 421-7121-533.49-86 100.00 William Zuzich CITY REBATE 421-7121-533.49-86 50.00 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 421-7121-533.44-10 385.00 Public Works-Electric Conservation Division Total: $12,710.36 Public Works-Electric Department Total: $12,710.36 Conservation Fund Total: $12,710.36 PUD#1 OF CLALLAM COUNTY Power Supply 1 431-7130-538.47-10 37.77 Public Works-Electric Telecommunications Division Total: $37.77 Public Works-Electric Department Total: $37.77 Telecommunications Fund Fund Total: $37.77 FOSTER PEPPER PLLC CONSULTING SERVICES 451-7188-594.41-50 321.00 OLYMPIC ELECTRIC CO INC CONSTRUCTION SERVICES,TRA 451-7188-594.65-10 394.90 WEST MONROE PARTNERS, LLC CONSULTING SERVICES 451-7188-594.41-50 49,348.19 Public Works-Electric Electric Projects Division Total: $50,064.09 Public Works-Electric Department Total: $50,064.09 Electric Utility CIP Fund Total: $50,064.09 WEST MONROE PARTNERS, LLC CONSULTING SERVICES 452-7388-594.41-50 24,674.10 Public Works-Water Water Projects Division Total: $24,674.10 Public Works-Water Department Total: $24,674.10 Water Utility CIP Fund Total: $24,674.10 TECHNICAL SYSTEMS, INC ENGINEERING SERVICES 453-7488-594.65-10 44,444.00 WEST MONROE PARTNERS, LLC CONSULTING SERVICES 453-7488-594.41-50 24,674.10 Public Works-WW/Stormwtr Wastewater Projects Division Total: $69,118.10 Public Works-WW/Stormwtr Department Total: $69,118.10 WasteWater Utility CIP Fund Total: $69,118.10 ANCHOR QEA, LLC CONSULTING SERVICES 454-7588-594.65-10 141,119.02 HERRERA ENVIRONMENTAL CONSULTAPENGINEERING SERVICES 454-7588-594.65-10 28,828.27 MAGNUS PACIFIC CORPORATION PW CONSTRUCTION & RELATED 454-7588-594.65-10 362,860.33 PORT ANGELES CITY TREASURER LF Cell Stabilization Per 454-7588-594.65-10 8.77 Public Works-Solid Waste Solid Waste Coll Projects Division Total: $532,816.39 Public Works-Solid Waste Department Total: $532,816.39 Solid Waste Utility CIP Fund Total: $532,816.39 NORTHWESTERN TERRITORIES INC PW CONSTRUCTION & RELATED 456-7688-594.65-10 47.50 SWAIN'S GENERAL STORE INC PAINTS,COATI N GS,WALLPAPER 456-7688-594.65-10 19.41 Public Works-Equip Svcs Stormwater Util CIP Projs Division Total: $66.91 Public Works-Equip Svcs Department Total: $66.91 Stormwtr Util Projects Fund Total: $66.91 BROWN AND CALDWELL CONSULTING SERVICES 463-7489-594.65-10 209.35 CONSULTING SERVICES 463-7489-594.65-10 32,974.86 RYAN,SWANSON&CLEVELAND, PLLC PHASE I CSO LEGAL SERVICE 463-7489-594.41-50 1,952.00 VANIR CONSTRUCTION MGMT, INC CONSULTING SERVICES 463-7489-594.65-10 39,981.64 Page 17 E - 17 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount VANIR CONSTRUCTION MGMT, INC CONSULTING SERVICES 463-7489-594.65-10 1,911.46 Public Works-WW/Stormwtr CSO Capital Division Total: $77,029.31 Public Works-WW/Stormwtr Department Total: $77,029.31 CSO Capital Fund Fund Total: $77,029.31 ASSOCIATED PETROLEUM PRODUCTS, IIFUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 6,112.24 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 5,748.03 BAXTER AUTO PARTS#15 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 59.62 GASKET TECHNOLOGY, INC AUTO&TRUCK MAINT. ITEMS 501-0000-237.00-00 -54.20 H&R PARTS&EQUIPMENT INC AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 12.99 LINCOLN INDUSTRIAL CORP AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 61.64 MASCO PETROLEUM, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 795.43 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 118.89 NAPA AUTO PARTS AUTO&TRUCK ACCESSORIES 501-0000-141.40-00 12.36 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 30.83 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 18.40 SUNSET DO-IT BEST HARDWARE AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 1.42 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 47.22 VALLEY FREIGHTLINER INC AUTO&TRUCK ACCESSORIES 501-0000-141.40-00 245.27 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 -40.65 Division Total: $13,169.49 Department Total: $13,169.49 ADVANCED TRAVEL Certification-Shimko 501-7630-548.43-10 183.39 ANGELES MILLWORK&LUMBER CO AUTO&TRUCK MAINT. ITEMS 501-7630-548.31-20 18.38 AUTO&TRUCK MAINT. ITEMS 501-7630-548.31-20 262.54 AUTO&TRUCK MAINT. ITEMS 501-7630-548.31-20 27.24 AUTO&TRUCK MAINT. ITEMS 501-7630-548.35-01 4.91 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 45.38 ASSOCIATED PETROLEUM PRODUCTS, IIFUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 178.13 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 501-7630-548.42-10 14.28 09-23 A/C 206T310164584B 501-7630-548.42-10 19.48 CONSOLIDATED TECH SERVICES scan charges 501-7630-548.42-10 8.99 COPY CAT GRAPHICS AUTO&TRUCK ACCESSORIES 501-7630-594.64-10 888.88 GASKET TECHNOLOGY, INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 699.35 HARTNAGEL BUILDING SUPPLY INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.31-20 78.34 AUTO&TRUCK MAINT. ITEMS 501-7630-548.31-20 126.37 LES SCHWAB TIRE CENTER EXTERNAL LABOR SERVICES 501-7630-548.34-02 104.06 LINCOLN INDUSTRIAL CORP METALS,BARS,PLATES,RODS 501-7630-548.34-02 87.15 METALS,BARS,PLATES,RODS 501-7630-548.34-02 50.21 MURRAY MOTORS INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 279.65 NAPA AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 10.82 AUTO&TRUCK MAINT. ITEMS 501-7630-594.64-10 110.50 NORTHWEST INDUSTRIAL EQUIPMENT EXTERNAL LABOR SERVICES 501-7630-548.31-01 215.11 Page 18 E - 18 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount PORT ANGELES CITY TREASURER Vehicle License#1412-D 501-7630-594.64-10 35.25 PORT ANGELES TIRE FACTORY AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 33.57 EXTERNAL LABOR SERVICES 501-7630-548.34-02 153.06 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 131.26 EXTERNAL LABOR SERVICES 501-7630-548.34-02 267.75 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 14.56 EXTERNAL LABOR SERVICES 501-7630-548.34-02 83.96 EXTERNAL LABOR SERVICES 501-7630-548.34-02 46.07 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 103.13 EXTERNAL LABOR SERVICES 501-7630-548.34-02 219.46 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 371.24 EXTERNAL LABOR SERVICES 501-7630-548.34-02 383.41 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 73.97 EXTERNAL LABOR SERVICES 501-7630-548.34-02 92.14 RICHMOND 2-WAY RADIO EXTERNAL LABOR SERVICES 501-7630-548.34-02 142.00 AUTO&TRUCK MAINT. ITEMS 501-7630-594.64-10 117.94 EXTERNAL LABOR SERVICES 501-7630-594.64-10 312.19 AUTO&TRUCK MAINT. ITEMS 501-7630-594.64-10 135.39 EXTERNAL LABOR SERVICES 501-7630-594.64-10 416.26 RUDDELL AUTO MALL EXTERNAL LABOR SERVICES 501-7630-548.34-02 35.11 RUDY'S AUTOMOTIVE AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 248.92 EXTERNAL LABOR SERVICES 501-7630-548.34-02 152.63 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 8.67 SIX ROBBLEES'INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 92.34 SUNSET DO-IT BEST HARDWARE AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 41.21 SYSTEMS FOR PUBLIC SAFETY, INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 39.25 EXTERNAL LABOR SERVICES 501-7630-548.34-02 1,040.64 VALLEY FREIGHTLINER INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 177.28 AUTO&TRUCK ACCESSORIES 501-7630-594.64-10 245.27 VERIZON WIRELESS 09-22 a/c 571136182-00003 501-7630-548.42-10 25.27 Public Works-Equip Svcs Equipment Services Division Total: $8,652.36 Public Works-Equip Svcs Department Total: $8,652.36 Equipment Services Fund Total: $21,821.85 CENTURYLINK-QWEST 09-23 A/C 206T302306084B 502-2081-518.42-10 18.35 09-23 A/C 206T310164584B 502-2081-518.42-10 25.04 CONSOLIDATED TECH SERVICES scan charges 502-2081-518.42-10 13.17 GLOBAL KNOWLEDGE DATA PROC SERV&SOFTWARE 502-2081-518.43-10 2,495.00 NORTHPOINT CONSULTING INC PAWTP,SEC,PRIMARY ASA COD 502-2081-518.41-50 4,741.43 Finance Department Information Technologies Division Total: $7,292.99 Finance Department Department Total: $7,292.99 Information Technology Fund Total: $7,292.99 NW ADMIN TRANSFER ACCT S/NS/WT 503-1631-517.46-33 69,308.75 Page 19 E - 19 a � Id^^ Date: 10/16/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 912712014 To: 1011012014 Vendor Description Account Number Invoice Amount NW ADMIN TRANSFER ACCT RETIREES 503-1631-517.46-34 -10,193.00 Self Insurance Other Insurance Programs Division Total: $59,115.75 FRANK GATES SERVICES CO TPA FEE FOR WORKERS COMP 503-1661-517.41-40 4,215.00 Self Insurance Worker's Compensation Division Total: $4,215.00 JESSE DAILEY IN-HOUSE LIABILITY CLAIM 503-1671-517.49-98 100.00 Self Insurance Comp Liability Division Total: $100.00 Self Insurance Department Total: $63,430.75 Self-Insurance Fund Fund Total: $63,430.75 AFLAC AFLAC SUPP INS 920-0000-231.53-10 1,298.58 AFSCME LOCAL 1619 PAYROLL SUMMARY 920-0000-231.54-40 315.00 ASSOCIATION OF WASHINGTON CITIES AWC SUPP LIFE INS 920-0000-231.53-30 398.30 BROWN&BROWN OF WASHINGTON PAYROLL SUMMARY 920-0000-231.53-40 1,362.20 CHAPTER 13 TRUSTEE Case#14-14948 920-0000-231.56-20 794.00 FIREFIGHTER'S LOCAL 656 PAYROLL SUMMARY 920-0000-231.54-30 1,896.09 GUARANTEED EDUCATION TUITION PAYROLL SUMMARY 920-0000-231.56-95 263.50 IBEW LOCAL 997 PAYROLL SUMMARY 920-0000-231.54-20 1,554.54 LEOFF P/R Deductions pe 09-28 920-0000-231.51-21 23,994.47 OFFICE OF SUPPORT ENFORCEMENT P/R Deductions pe 09-28 920-0000-231.56-20 693.16 P/R Deductions pe 09-28 920-0000-231.56-20 169.85 PERS P/R Deductions pe 09-28 920-0000-231.51-10 1,646.36 P/R Deductions pe 09-28 920-0000-231.51-11 11,821.20 P/R Deductions pe 09-28 920-0000-231.51-12 51,512.61 POLICE ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-10 416.00 PAYROLL SUMMARY 920-0000-231.55-10 436.00 UNITED WAY(PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 439.00 WSCCCE AFSCME AFL-CIO PAYROLL SUMMARY 920-0000-231.54-40 4,599.35 Division Total: $103,610.21 Department Total: $103,610.21 Payroll Clearing Fund Total: $103,610.21 Totals for check period From: 9/27/2014 To: 10/10/2014 $1,837,849.22 Page 20 E - 20 01 V • / G ; �plliu = W A S H I N G T O N, U. S. A. ..... u CITY COUNCIL MEMO DATE: October 21, 2014 To: CITY COUNCIL FROM: Craig Fulton, P.E., Director of Public Works &Utilities SUBJECT: Renewal of Computerized Maintenance Management System (CMMS) Software License Agreement Summary: In January 2009, City Council approved a 5-year software licensing agreement with Azteca Systems, Inc., for a CMMS. That agreement expired last year. Due to rapid changes in the software market, the vendor elected to offer the City a one year software license renewal, which was approved by Council last February, instead of a long-term agreement. Since then, City staff has worked with Azteca Systems, Inc., to prepare the attached agreement that will stabilize the annual software renewal rate at $30,000 per year for 5-years. Recommendation: Approve and authorize the City Manager to sign a five year ($30,000 per year,including tax) software licensing renewal agreement with Azteca Systems, Inc., and to make minor modifications to the agreement,if necessary. Background/Analysis: On January 20, 2009, City Council approved a 5-year software licensing agreement with Azteca Systems, Inc., for CMMS software also known as "CityWorks." This agreement expired last year. Due to rapid changes in the software market, the vendor elected to offer the City an annual renewal instead of a long-term agreement. It was approved by Council last February. Since then, City staff has worked with Azteca Systems, Inc., to prepare the attached agreements (software licensing and update/support) that will stabilize the annual software renewal rate at $30,000 per year for 5-years. The funds for the renewal are divided equally between the Street Division and the water, sewer, and stormwater utilities. The CMMS system is central to the ability of the divisions within the Public Works &Utilities Department to leverage the existing ESRI GIS (geographic information system) environment currently in use, and to provide them with an efficient tool to manage facility and equipment infrastructure, resources, operations, maintenance work, and permit activities. The CMMS has also been used to manage preventive maintenance, maintenance activities, maintaining the work and asset history, and interact directly with the City Supervisory Control and Data Acquisition system (SCADA). It is recommended that Council approve and authorize the City Manager to sign a five year ($30,000 per year, including tax) software licensing renewal agreement with Azteca Systems, Inc., and to make minor modifications to the agreement, if necessary. N:ACCOUNCIL\FINAL\CMMS Contract Renewal(revised).docx E - 21 Azteca Systems,Inc. Phone:(801)523-2751 11075 South State St. FAX(801)523-3734 Suite 24 Ciityworlks Email: info @cityworks.com Sandy,Utah 84070 http://www.cityworks.com CITYWORKS® SOFTWARE LICENSE AGREEMENT Contract No. C167014 This is a license agreement and not an agreement for sale. This license agreement (Agreement) is between the City of Port Angeles (Licensee) and Azteca Systems Inc. (Aztecs SystemsT"'), a Utah corporation, with its principal place of business at 11075 South State Street, Suite#24 Sandy, Utah, 84070, and gives Licensee certain limited rights to use the proprietary software The Software Cityworks and Related Materials. All rights not specifically granted in this Agreement are reserved to Azteca Systems. 1. Definitions: As used herein, the following words, phrases, or terms in this Agreement shall have the following meanings: 1.1 "The Software Cityworks" means the actual copy of all or any portion of the computer programs delivered as listed in paragraph 5.1 Licensed Software, inclusive of backups, updates, or merged copies permitted hereunder or subsequently supplied by Azteca Systems. 1.2 "Related Materials" means all of the printed materials, user documentation, training documentation, and confidential activation code for The Software Cityworks supplied by Azteca Systems under this Agreement. 1.3 "Effective Date" shall mean the date on which Licensee receives the Software Cityworks and Related Material from Azteca Systems. 2. Term: This Agreement shall become effective on the Effective Date and shall be valid for as long as Licensee complies with the Permitted Uses and Uses Not Permitted provisions of this Agreement. Azteca Systems may terminate this Agreement by 30 calendar days' prior written notice to Licensee if Licensee fails to comply with the Permitted Uses and Uses Not Permitted provisions of this Agreement. Unless otherwise agreed in writing, Licensee shall have 60 days after receiving notice of such failed compliance from Azteca Systems to cure the default. If this Agreement is terminated either under Section 7 or Section 16 below, Licensee shall then return to Azteca Systems all of The Software Cityworks, related modules, related updates, and any whole or partial copies, codes, modifications, and merged portions in any form. Azteca will for no additional charge to Licensee and at Licensee's option either grant a perpetual license to the Licensee which will allow Licensee to retain the ability to access records and data contained in The Cityworks Software or will provide hard copies of all files needed by the ELA Agreement, Page 1 E - 22 Licensee. The parties hereby agree that all provisions which operate to protect the intellectual rights of Azteca Systems shall remain in force should breach occur. 3. Reservation of Ownership and Grant of License: Azteca Systems retains exclusive title and ownership of any copy of The Software Cityworks and Related Material licensed under this Agreement and grants to Licensee a personal, nonexclusive, nontransferable license to use The Software Cityworks and Related Materials pursuant to the terms and conditions of this Agreement. From the Effective Date, Licensee agrees to use reasonable effort to protect The Software Cityworks and Related Materials from unauthorized use, reproduction, distribution, or publication. 4. Copyright: The Software Cityworks and Related Material are owned by Azteca Systems and are protected by United States copyright laws and applicable international treaties and/or conventions. Licensee agrees not to export The Software Cityworks into a country which does not have copyright laws that will protect Azteca System's proprietary rights. S. Licensing: Azteca Systems grants to Licensee a nonexclusive, nontransferable license to use the Licenses obtained under this Agreement as follows: 5.1 Licensed Software Cityworks Enterprise License Enterprise-wide including: Cityworks Server AMS, Desktop, Anywhere, Storeroom, Equipment Manager, Service Request API, Cityworks Analytics, Contracts, CCTV Interface, Paver Interface, and AMS Mobile Apps Included applications can be installed on any number of computers throughout the Enterprise or Department, and have unlimited simultaneous use. Initial 5.2 Permitted Uses: • Licensee may use the number of copies of The Software Cityworks specified in paragraph 5.1 for which License Fees have been paid on the computer systems(s) and/or specific computer networks(s) for Licensee's own internal use. • Licensee may install the number of copies and modules of The Software Cityworks specified in paragraph 5.1 for which License Fees have been paid onto the permanent storage device(s) on the computer system(s) and/or specific computer network(s). • Licensee may maintain one (1) copy of The Software Cityworks to a CD or DVD type medium for archival purposes during the term of this Agreement unless the right to make additional copies is granted to Licensee in writing by Azteca Systems. Regularly scheduled full system and partial system archival backups are allowable and specifically exempted from this provision. ELA Agreement, Page 2 E - 23 • Licensee may use, copy, alter, modify, merge, reproduce, and create derivative works of the on-line documentation accessible on MyCityworks.com for Licensee's own internal use. The portions of the on-line documentation merged with other software, hard copy, and digital materials shall continue to be subject to the terms and conditions of this Agreement and shall provide the following copyright attribution notice acknowledging Azteca Systems proprietary rights in the on-line documentation: "Portions of this document include intellectual property of Azteca Systems and are used herein by permission. Copyright© 2014 Azteca Systems, Inc. All Rights Reserved." 5.3 Uses Not Permitted: • Licensee shall not sell, rent, lease, sub-license, lend, assign, time-share, transfer or export, in whole or in part to unlicensed third parties, or provide access to prior or present versions of The Software Cityworks, any updates, or Licensee's rights under this Agreement. Nothing in this Section shall prevent use of and access to The Software Cityworks by Licensee's employees, agents or others performing work for or on behalf of the Licensee. • Licensee shall not reverse engineer, decompile, or disassemble The Software Cityworks, or make any attempt to unlock or bypass The Software Cityworks keycode, as applicable, subject to local law. • Licensee shall not make additional copies of The Software Cityworks and Related Materials beyond that described in the Permitted Uses section above. • Licensee shall not remove or obscure any Azteca Systems copyright or trademark notices. 6. Limited Warranty: Limited Warranty: Azteca Systems warrants that it owns or has the full right and authority and all associated intellectual property rights necessary to grant Licensee rights and licenses set forth in this Agreement to The Software Cityworks and Related Materials. Azteca Systems warrants that The Software Cityworks, unaltered, will substantially conform to the Related Materials for a period of one (1) year from the Effective Date ("Warranty Period"). Azteca Systems warrants that the media upon which The Software Cityworks is provided will be free from defects in materials and workmanship under normal use and service during the Warranty Period. AZTECA SYSTEMS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE CITYWORKS. AZTECA SYSTEMS DOES NOT WARRANT THAT THE OPERATIONS OF ITS RESPECTIVE SOFTWARE AND RELATED MATERIALS WILL BE UNINTERRUPTED AND/OR ERROR FREE. 7. Exclusive Remedy and Limitation of Liability: Exclusive Remedy and Limitation of Liability: One (1) year from the Effective Date and during the Warranty Period, Azteca System's entire liability and Licensee's exclusive remedy for breach of the warranties against defect(s) in materials and workmanship shall be to request Azteca Systems correct the defect(s) by whatever ELA Agreement, Page 3 E - 24 means reasonably available to Azteca Systems such as remedy the defect(s), or provide a suitable work around, or replace The Software Cityworks in accordance with the Cityworks Update and Support Agreement (if then in effect with Licensee). If Azteca Systems exhausts available remedies and is unable to remedy the defect(s) Licensee may by written notice of its election to Azteca Systems, terminate this Agreement for its convenience and have Azteca Systems return 100% of the License Fees paid upon the Licensee's return of The Software Cityworks to Azteca Systems. Azteca Systems shall not be liable for indirect, special, incidental, or consequential damages related to Licensee's use of The Software Cityworks, unless such damage is caused by Azteca System's actual negligence. IN NO EVENT SHALL AZTECA SYSTEMS BE LIABLE TO THE LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST SALES OR BUSINESS EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR USE OF THE SOFTWARE AND RELATED MATERIALS, UNLESS SUCH LOSS OR DAMAGE IS CAUSED BY AZTECA SYSTEM'S ACTUAL NEGLIGENCE. 8. Indemnity: Indemnity: Azteca Systems, at its own expense, will hold harmless, defend and indemnify Licensee from all claims that The Software Cityworks or Related Materials furnished under this Agreement infringes a U.S. Copyright or other intellectual property rights of a third party, provided that Licensee gives Azteca Systems prompt written notice of such claims and permits Azteca Systems the sole right to control the defense of such claims and provides Azteca Systems all reasonable cooperation. As to The Software Cityworks which are or in the opinion of Azteca Systems may become subject to a claim of infringement, Azteca Systems, at its option, will obtain the right for Licensee to continue using The Software Cityworks or replace or modify The Software Cityworks so as to make them non-infringing. If none of the alternatives is available on commercially reasonable terms, then Licensee agrees to, upon Azteca Systems' written request, terminate for convenience the Agreement upon the Licensee returning The Software Cityworks to Azteca Systems and Azteca Systems will refund to the Licensee 100% of the License Fees paid. Azteca Systems will not indemnify or defend Licensee from any infringement claim resulting from Licensee's unauthorized modification or alteration of The Software Cityworks or Related Materials. This section states Azteca System's entire obligation to Licensee and Licensee's sole and exclusive remedy for infringement. 9. Additional Software Licenses: Additional copies and modules of The Software Cityworks licenses may be ordered without signed amendments provided the following language is incorporated in the signed Purchase Order: "By accepting this order, both parties agree to amend the Master Software License Agreement Contract No. C167014 between the City of Port ELA Agreement, Page 4 E - 25 Angeles and Azteca Systems, Inc., dated which is incorporated herein by reference, to include the above software licenses, which are hereby licensed under the some terms and conditions." 10. Export Regulations: Licensee acknowledges that this Agreement and the performance thereof are subject to compliance with any and all applicable United States laws, regulations, or orders relating to the export of computer software or know-how relating thereto. The Software Cityworks are determined to be Technical Data under United States export laws. Licensee agrees to comply with all laws, regulations, and orders of the United States in regard to any export of such Technical Data. Licensee agrees not to disclose or re-export any Technical Data received under this Agreement in or to any countries for which the United States government requires an export license or other supporting documentation at the time of export or transfer, unless Licensee has obtained prior written authorization from Azteca Systems and the U.S. Office of Export Control. 11. Force Majeure: Neither party shall be liable to the other for failure or delay in the performance of a required obligation during any period where such failure or delay is caused by strike, riot, fire, flood, natural disaster, or other similar cause beyond such party's control, provided that such party gives prompt written notice of such condition and resumes its performance as soon as possible. 12. Severability: If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The provisions of this Agreement shall be enforceable to the extent permissible under the laws of the State of Washington. 13. No Implied Waivers: No failure or delay by Azteca Systems or Licensee in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by Azteca Systems. 14. Order of Precedence: Any conflict between the terms of this License Agreement and any Purchase Order or other terms shall be resolved in favor of the terms of this License Agreement. 15. Governing Law: This Agreement, entered into in the County of Clallam shall be construed and enforced in accordance with, and be governed by, the laws of the State of Washington without reference to conflict of laws principles. The parties hereby consent to the personal jurisdiction of the courts of this county and waive their rights to change venue. 16.Termination for Convenience: In the event that either funding from the Licensee or other sources is withdrawn, reduced, or limited, or the authority of the Licensee to perform any of its duties is withdrawn, reduced, or limited in any way after the Effective Date of this Agreement and prior to normal completion, the parties shall have the authority to exercise the Termination for Convenience option to terminate this Agreement, in whole or in part. If a ELA Agreement, Page 5 E - 26 party to this Agreement chooses to terminate for convenience that party may do so by thirty (30) days written notice to the other party. If this Agreement is terminated for convenience, the Licensee is only liable for payment required by the terms of this Agreement for services rendered or software received and accepted prior to the Effective Date of termination. Also, set forth elsewhere in this Agreement are specific provisions which allow the parties to terminate this Agreement for convenience (see Exclusive Remedy and Limitation of Liability provision). 17. Mediation Clause:Azteca Systems and Licensee will attempt to settle any claim or controversy arising out of this Agreement through consultation and negotiation in good faith and a spirit of mutual cooperation. If those attempts fail then the dispute will be mediated by a mutually acceptable mediator to be chosen by Azteca Systems and the Licensee within thirty (30) days after written notice by one of the parties demanding non-binding mediation. Neither party may unreasonably withhold consent to the selection of a mediator. Azteca Systems and the Licensee will share the cost of the mediation equally. By mutual agreement, however, Azteca Systems and Licensee may postpone mediation until both parties have completed some specified limited discovery about the dispute. The parties may also agree to replace mediation with some other form of non-binding alternate dispute resolution procedure ("ADR"). Any dispute which cannot be resolved between the parties through negotiation or mediation within two (2) months of the date of the initial demand for it by one of the parties may then be submitted to a court of competent jurisdiction in the County of Clallam, WA. Both Azteca Systems and Licensee consent to jurisdiction by such a court. The use of any ADR procedures will not be considered under the doctrine of latches, waiver or estoppel to affect adversely the rights of either party. Nothing shall prevent either of the parties from resorting to the judicial proceedings mentioned in this paragraph if(a) good faith efforts to attempt resolution of the dispute under these procedures have been unsuccessful; or (b) interim relief from the court is necessary to prevent serious and irreparable injury to one of the parties or others. 18. Entire Agreement: This Agreement constitutes the sole and entire agreement of the parties as to the matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating hereto. Except as otherwise expressly provided herein, any Amendments to this Agreement must be in writing and signed by an authorized representative of each party. ELA Agreement, Page 6 E - 27 19. Data Confidentiality Statement: For any client data and /or confidential information (data) provided to Azteca Systems, we will take reasonable measures to assure that the data is not inappropriately accessed or distributed to any third-party. Data provided to Azteca Systems by the client will be loaded onto Azteca Systems servers or employee computers for the purpose of testing Cityworks software, database structure, or database values, and related ESRI software to resolve database or software performance issues, software enhancements and software defects ("bugs"). At no time will the data be distributed to individuals or organizations who are not Azteca Systems employees without first receiving written approval from the client. If requested by the client, and once the testing has been completed, Azteca Systems will delete all data provided by the client. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective, valid, and binding upon the parties as of the date below as executed by their duly authorized representatives. Accepted and Agreed: City of Port Angeles Azteca Systems, Inc. (Licensee) (Aztecs) By: By: Authorized Signature Authorized Signature Printed Name: Printed Name: Brian L. Haslam Title: Title: President Date: Date: This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original and all of which taken together will be deemed to constitute one and the some instrument. Counterparts may be executed either in original,faxed or other agreed electronic form. The parties adopt any signatures received by a receiving fax machine or other agreed electronic form as valid and binding original signatures of the parties even if an original paper document bearing a party's original signature is not delivered.Any party providing its signature in such manner will upon request promptly forward to the other party an original of the signed copy of this Agreement. ELA Agreement, Page 7 E - 28 Attachment A— Purchase Order ELA Agreement, Page 8 E - 29 Azteca Systems,Inc. Phone:(801)523-2751 11075 South State St. t FAX(801)523-3734 Suite 24r s Email: info @cityworks.com Sandy,Utah 84070 http://www.cityworks.com CITYWORKS® UPDATE&SUPPORT AGREEMENT Contract No. C167014 This agreement (Agreement) is between the City of Port Angeles (hereafter the User), as specified in paragraph 9.1, and Azteca Systems Inc. (hereafter Azteca SystemsT"'), a Utah corporation, with its principal place of business at 11075 South State Street, Suite #24 Sandy, Utah, 84070. Azteca Systems and the User have entered into a license agreement with respect to use of The Cityworks Software (the "Cityworks Software License Agreement"); and User also desires to secure software Cityworks update and support services from Azteca Systems with respect to such Software as more specifically enumerated in this Agreement. THE PARTIES AGREE AS FOLLOWS: 1. DEFINITIONS 1.1 "Covered Software" shall mean the particular Software, scripts, interfaces and custom code identified in paragraph 9.2. 1.2 "Custom Applications" shall mean any scripts, interfaces, reports or program code requested by the Licensee, other than Program Modifications to the Cityworks applications that provide specific functionality uniquely designed for the Licensee. Any Custom Applications delivered to Licensee shall NOT become part of the Licensed Software unless otherwise specified in paragraph 9.2. The Custom Applications scripts, interfaces, reports and program code shall be provided to the client as a deliverable and client shall have full ownership rights for the Custom Applications. However, Azteca Systems shall retain the right to utilize, modify and enhance the scripts, interfaces, reports or program code of the Custom Applications as Azteca Systems deems appropriate. 1.3 "Effective Date" shall mean the date on which User receives the Software Cityworks software from Azteca Systems in accordance with the Cityworks Software License Agreement, Contract No. C167014, between User and Azteca Systems dated 07/02/2014. 1.4 "Licensed Software" shall mean the particular Software identified in paragraph 9.2 Description of Covered Software. Update&Support Agreement, Page- 1- E - 30 1.5 "Program Fixes" shall mean minor corrections to the Licensed Software to correct deviations in the Licensed Software. Any Program Fixes delivered to User shall become part of the Licensed Software under the Cityworks Software License Agreement. 1.6 "Program Modifications" shall mean new versions of or additions to the Licensed Software,which adds to or alters the function(s) of the Licensed Software and new modules or products adapted to interface with the Licensed Software and add to or alter the function(s) of the Licensed Software, requested by the User. Any Program Modifications delivered to User shall become part of the Licensed Software under the Cityworks Software License Agreement. 1.7 "Product Updates" are Program Fixes, Program Upgrades and Program Modifications. 1.8 "Program Upgrades" shall mean new versions of, or additions to,the Licensed Software prepared by Azteca Systems that improve its operating performance but do not add to or alter its basic function(s). Any Program Upgrades delivered to User shall become part of the Licensed Software. 1.9 "Software" shall mean Cityworks source code, machine-readable code, and related documentation. 1.10 "Update &Support Period" shall mean the initial Update and Support period commencing upon the Effective Date of this Agreement, as set forth in paragraph 9.2, and any subsequent twelve-month period. 1.11 "Update &Support Agreement" or "Agreement" shall mean this Update & Support Agreement between Azteca Systems and User identified in paragraph 9.1, the terms and conditions of which are hereby incorporated by reference. 2. SUPPORT The services to be provided during the Update &Support Period include Azteca Systems Product Updates to Azteca System's Cityworks applications including Program Fixes, Program Upgrades and Program Modifications(not Custom Applications). Azteca Systems will make all reasonable efforts to provide upward compatibility for The Cityworks Software applications within a reasonable timeframe for minor and major Esri® ArcGIS and Cityworks supported databases revisions. If identified as"Covered Software", Azteca Systems will ensure upward compatibility within a reasonable timeframe for Custom Applications when there are minor ArcGIS and Cityworks supported databases revisions (for example,from rev 10.1 to rev 10.2). Azteca Systems will not ensure upward compatibility for Custom Applications when Update&Support Agreement, Page-2- E - 31 there are major Esri ArcGIS and Cityworks supported databases revisions (for example,from rev 10.x to rev 11.x). 2.1 Azteca Systems shall, without additional charge (except as allowed for in paragraph 3.4 and 7.3), during the term of this Agreement: (a) Make all reasonable efforts to provide those Program Fixes, if any,that are necessary to assure the Covered Software is functioning properly; provided User provides Azteca Systems with written notice specifying particularity in narrative, non-technical terms to the best of User staff's ability the apparent error in the system and the manner in which the Covered Software is not functioning properly(as provided in Section 8); and (b) Deliver to User any Program Upgrades relating to the Covered Software made available to others. (c) Provide Telephone User Support, Email Support, Web Support, during normal business hours, 8 AM to 5 PM Mountain Time, Monday through Friday (excepting Holidays) and after hour emergency support line, and other benefits deemed appropriate by Azteca Systems (as set forth in Section 7). (d) Implement and maintain a means of secure, remote direct network access (VPN, Web-access, dial-up, etc) to the User's systems in order to perform thorough remote diagnostics and effect remote repairs, upgrades, and fixes. 2.3 The following items, among others, however, are specifically excluded as support services under this Section of this Agreement: (a) interpretation of program results; (b) assistance with questions related to computer hardware and peripherals that are not related to the use of the Covered Software; (c) assistance with computer operating system questions not directly pertinent to the Covered Software or Program Modifications; (d) data debugging and/or correcting; (e) services necessitated as a result of any cause other than authorized ordinary and proper use by the User of the Covered Software, including but not limited to neglect, abuse, unauthorized modification, unauthorized updates or electrical, fire, water or other damage; and Update&Support Agreement, Page-3- E - 32 (f) consulting regarding Custom Applications created to function with the Covered Software unless the Custom Application is identified as Covered Software in paragraph 9.2. 3. CHARGES 3.1 For services hereunder, User shall pay Azteca Systems an annual fee. The annual fee for the initial Update& Support Period is set forth in paragraph 9.2, and shall be paid prior to the start of the initial Update &Support Period. The annual fee for successive Update &Support Periods (twelve-month periods commencing upon the anniversary of the initial Update &Support Period) shall become due prior to the end of the preceding paid-up Update &Support Period. 3.2 Upon 90 days written notice,the fee for Update and Support Periods listed in paragraph 9.2 subsequent to the third Update and Support Period may be adjusted by Azteca to reflect increases in costs of providing the services described herein and/or to reflect increases in the population, users, size, usage, and other factors of User; provided, however,that (a) if the above factors remain constant the increase in the pricing shall not exceed the Consumer Price Index and (b) if any such proposed cost increase is in User's opinion excessive, User shall be entitled to terminate this Agreement prior to the start of the applicable Update &Support Period and shall not be liable for any further payment under this Agreement. Azteca will notify User of the new pricing no later than 90 days prior to the annual renewal date of the year preceding the year for which such adjusted pricing applies. 3.3 In addition to charges due under this Agreement, User shall pay amounts equal to any sales tax, duties, or other consumption taxes, however designated,which are levied or based upon such charges, or upon this Update &Support Agreement. 3.4 In the event User and Azteca Systems agree it becomes necessary for Azteca Systems to be on-site to provide support for the Covered Software, the User will reimburse Azteca Systems for reasonable and customary travel expenses directly related to the on-site work. Azteca Systems shall provide an estimate and get the prior approval of User before incurring any costs for which it shall seek reimbursement from User under this Section. Any reimbursement shall be subject to Azteca providing verifiable documentation of such expenses to User. User reserves the right to require an audit of any such cost related records of Azteca to the extent reimbursement has been made by User under the terms of this Section. 4. LIMITED WARRANTY 4.1 Azteca Systems will provide support services for the Cityworks Software, Enhancements to Cityworks Software and Custom Applications created by Azteca Systems identified as Covered Software in paragraph 9.2. The support services are Update&Support Agreement, Page-4- E - 33 provided as part of the Azteca Systems Update and Support services and will be in- force for the duration of this Agreement. Update & Support Periods beyond the initial Update & Support Period are renewable unless terminated as provided in Section 6 below. The Update and Support Services consists of software and documentation updates and access to technical support via telephone, email, web- based (MyCityworks.com) and after hours support via pager as set forth in Section 2 above. The User will provide Azteca Systems in writing the names of the User individuals who are authorized to contact Azteca Systems and request support services. 4.2 Azteca Systems warrants that trained personnel employed or contracted by Azteca Systems will perform the services performed hereunder in conformance with best industry standards. 4.3 With respect to the services provided hereunder and to the extent permitted by applicable law,this warranty is in lieu of all other warranties,whether written or oral, express or implied, including without limiting the generality of the foregoing, any warranty of non-infringement, merchantability or fitness for a particular purpose. S. LIMITATION OF LIABILITY 5.1 The liability for Azteca Systems for damages arising under this Agreement shall be limited to the fees actually paid by User to Azteca Systems for the current Update and Support Period pursuant to Section 3 hereof. In no event shall Azteca Systems be liable for any incidental, indirect, special, or consequential damages whatsoever(including but not limited to lost profits) arising out of or related to the support and services provided hereunder by Azteca Systems, even though Azteca Systems may have been advised, know or should have known of the possibility of such damages, unless such damage is caused directly by Azteca System's actual negligence. 6. TERM AND TERMINATION 6.1 The effective date of this Agreement, as set forth in paragraph 9.2, shall continue until terminated. 6.2 This Agreement shall be terminated upon termination of the Cityworks Software License Agreement and, after the initial Update &Support Period, may be terminated by either party upon 30 days'written notice prior to the end of the then current Update &Support Period. If termination occurs during a successive Update & Support Period for which the User has paid the renewal fee in full, Azteca Systems shall return a prorated portion of the renewal fee for that period to the User. Update&Support Agreement, Page-5- E - 34 7. PROCEDURES FOR ACCESSING SUPPORT 7.1 All problem categories from routine, non-critical and critical that occur during normal business hours shall procedurally occur as follows: 1) User's system administration staff as first line of support, 2) Azteca Systems staff as the second line of support. Azteca Systems will make all reasonable efforts to acknowledge all requests for support during normal business hours within 4 hours. 7.2 Prior to calling Azteca Systems for support services, the User will first attempt to isolate any problems that occur with the System. The User will try to reduce the problem down to a specific software or system component. If it is determined that the problem is The Cityworks Software component the User will first try and resolve the problem without Azteca Systems' involvement. If the User cannot resolve the problem or isolate the problem, the User will call Azteca Systems directly. 7.3 For critical problems that occur outside of Azteca Systems' normal business hours (8 AM to 5 PM, Mountain Time) and cannot be isolated and resolved by the User, Azteca Systems will provide an after-hours phone number or pager number that will forward the call or page to the currently assigned Azteca Systems support staff. Azteca Systems will make all reasonable efforts to acknowledge and respond to the request for support for critical problems that occur outside of normal business hours within 4 hours of receipt of the call from a designated and authorized User representative. Critical problems are defined as problems that cause several users to be unable to perform their duties. Depending upon the type of problem, Azteca Systems support staff may need to be sent from Azteca Systems offices to the User location. Azteca Systems project management will confer with the User's representative or project management before making this decision. The speed at which remote Azteca Systems staff can respond may be limited by the driving time or the airline flights that are available. The User will reimburse Azteca Systems for all reasonable and customary travel expenses associated with resolving the problem (pursuant to the provisions of paragraph 3.4). For routine and non-critical problems the User will submit support requests during normal business hours. 7.4 For all problems involving The Cityworks Software component that are resolved without Azteca Systems' involvement, the User will document the problem and the resolution and send a report to Azteca Systems so that it can be tracked, monitored, and historically recorded. 8. MISCELLANEOUS 8.1 Azteca Systems shall not be in default under this Agreement for its failure to perform or its delay in performing any obligation under this Agreement (other than Update&Support Agreement, Page-6- E - 35 the reimbursement of fees as set forth in paragraph 5.1)during any period of time during which such delay is due to fire,flood, earthquake, strike, labor trouble or other industrial disturbance, war(declared or undeclared), embargo, blockage, legal prohibition or governmental action, riot, insurrection, damage, destruction or any other cause beyond the control of Azteca Systems or any of its contractors preventing or delaying the performance of such obligation, provided that such obligation shall be performed immediately upon the termination of such cause preventing or delaying such performance; and provided further that the sole effect of any delay by Azteca Systems shall be a related delay in payment by the User pursuant to the relevant schedule. 8.2 The illegality, invalidity or unenforceability of any provision of the Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision. The provisions of this Agreement shall be enforceable to the extent permissible under the laws of the State of Washington. 8.3 This Agreement constitutes the entire agreement between the parties with respect to the subject matter; all prior statements, negotiations, and undertakings are superseded hereby, and may not be amended, modified or supplemented except in a writing executed by both parties, expressly purporting to amend this Agreement. 8.4 This Agreement may not be assigned by either party without the prior written consent of the other party, which consent will not be unreasonably withheld. User may not sublicense or encumber the Licensed Software without prior written consent of Azteca Systems. 8.5 Section headings herein are for the sake of convenience only and are not intended to affect in any way the meaning of this Agreement or the related paragraphs. 8.6 This Agreement becomes effective only upon execution by both parties. One fully executed copy of this Agreement shall be delivered by User to Azteca Systems at its office in Sandy, Utah 84070. 8.7 Until further written notice, all payments and notices relevant to this Agreement shall be sent to the following addresses: Azteca Systems: Azteca Systems Inc. 11075 South State St. Suite 24 Sandy, UT 84070 User: The address set forth in paragraph 9.1. Update&Support Agreement, Page-7- E - 36 9. IDENTIFICATION AND AMOUNTS 9.1 (a) User Name: City of Port Angeles (b) User Contact: Maher Abed Number and Street: PO Box 1150 321 East Fifth Street City/Province/Zip/Country: Port Angeles,WA 98323-0217 Phone: 360-417-4802 Email: mabed@cityofIga.us 9.2 User Agreement: Between Azteca Systems and the User dated: (a) Effective Date 07/02/2014 Initial (Software Delivery Date) (b) Enterprise License annual fee (U&S included): Initial 07/02/2014 to 07/01/2015 (year 1) $30,000.00 07/02/2015 to 07/01/2016 (year 2) $30,000.00 07/02/2016 to 07/01/2017 (year 3) $30,000.00 07/02/2017 to 07/01/2018 (year 4) $30,000.00 07/02/2018 to 07/01/2019 (year 5) $30,000.00 Pricing: Guaranteed for five years, after which time pricing may be adjusted according to Licensee's population growth and Consumer Price Index (CPI). (c) Description of Covered Software: Cityworks Enterprise License including: Cityworks Server AMS, Desktop, Anywhere, Storeroom, Equipment Manager, Service Request API, Cityworks Analytics, Contracts, CCTV Interface, Paver Interface, and AMS Mobile Apps Included applications can be installed on any number of computers throughout the Enterprise or Department, and have unlimited simultaneous use. Update&Support Agreement, Page-8- E - 37 10. DATA CONFIDENTIALITY STATEMENT: For any client data and/or confidential information (data) provided to Azteca Systems, we will take reasonable measures to assure that the data is not inappropriately accessed or distributed to any third-party. Data provided to Azteca Systems by the client will be loaded onto Azteca Systems servers or employee computers for the purpose of testing Cityworks software, database structure, or database values, and related Esri software to resolve database or software performance issues, software enhancements and software defects ("bugs"). At no time will the data be distributed to individuals or organizations who are not Azteca Systems employees without first receiving written approval from the client. If requested by the client, and once the testing has been completed, Azteca Systems will delete all data provided by the client. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective, valid, and binding upon the parties as of the date below as executed by their duly authorized representatives. Accepted and Agreed: City of Port Angeles Azteca Systems, Inc. (User) (Aztecs Systems) By: By: Authorized Signature Authorized Signature Printed Name: Printed Name: Brian L. Haslam Title: Title: President Date: Date: This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original and all of which taken together will be deemed to constitute one and the some instrument. Counterparts may be executed either in original,faxed or other agreed electronic form. The parties adopt any signatures received by a receiving fax machine or other agreed electronic form as valid and binding original signatures of the parties even if an original paper document bearing a party's original signature is not delivered. Any party providing its signature in such manner will upon request promptly forward to the other party an original of the signed copy of this Agreement. Update&Support Agreement, Page-9- E - 38 • / ,� % : .................... �kNOJI�l�. N®r WAS H I N G T O N, U. S. A. CITY COUNCIL MEMO Date: October 21, 2014 To: CITY COUNCIL From: Craig Fulton, P.E., Director of Public Works &Utilities Subject: Blue Mountain Drop Box Facility Surcharge Rate Ordinance Amendment, Set Public Hearing Summary: Based on a recommendation from the Joint Solid Waste Advisory Committee QSWAB), City staff has reviewed the 2015 thru 2019 surcharge rates for the Port Angeles Transfer Station and Blue Mountain Drop Box Facility and is recommending a revision to the Blue Mountain Drop Box Facility rates. Recommendation: Set a Public Hearing for November 4, 2014 to consider amending Ordinance No. 3507, changing the 2015 thru 2019 surcharge rates for the Blue Mountain Drop Box Facility. Background/Analysis City Council adopted rate Ordinance No. 3507 for the Solid Waste Collection and Transfer Station Utilities on June 3, 2014, to ensure there was funding for rating agencies, bond insurers, and prospective bond buyers for the revenue bond. The JSWAB met to discuss the 2015 Port Angeles Transfer Station and Blue Mountain Drop Box Facility rates on September 12, 2014. The JSWAB is comprised of City of Port Angeles, City of Sequim, and Clallam County members. The initial rates developed by the City for 2015 included a surcharge for the landfill relocation project. The surcharges were based upon a standard percentage applied to the 2014 rates. The members of the board asked the City to review these surcharge rates. It was the consensus of the board that the surcharge should be the same for each ton of solid waste refuse delivered to the transfer station rather than using a percentage of the prior rate, which would impose a larger surcharge rate on the Blue Mountain Drop Box Facility. In order to ensure that there is equity in the allocation of a surcharge for the landfill relocation project, staff is recommending that that the rates for the Blue Mountain Drop Box Facility be changed as shown in the attached ordinance. A summary of the changes are shown in the following tables: Initial Surchar a Rates as adopted by ordinance /Per Ton Surcharge 2015 2016 2017 2018 2019 Port Angeles Transfer Station $9.94 $16.89 $23.70 $30.99 $38.78 Blue Mountain Drop Box $13.75 $23.37 $32.79 $42.78 $53.65 Facility N:ACCOUNCIL\FINAL\Blue Mtn Solid Waste Drop Box Facility Surcharge Rate Amendment.docx E - 39 October 21,2014 City Council Re: Blue Mtn Solid Waste Drop Box Facility Surcharge Rate Amendment Page 2 Prop osed Revised Surcharge Rates/Per Ton Surcharge 2015 2016 2017 2018 2019 Port Angeles Transfer Station $9.94 $16.89 $23.70 $30.99 $38.78 Blue Mountain Drop Box $9.94 $16.89 $23.70 $30.99 $38.78 Facility It is recommended that Council set a Public Hearing for November 4, 2014 to consider amending Ordinance No. 3507, changing the 2015 thru 2019 surcharge rates for the Blue Mountain Drop Box Facility. E - 40 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, relating to garbage collection rates, making changes to Title 13, Chapter 13.57 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance No. 3243 as amended, and Port Angeles Municipal Code Chapter 13.57, is amended to read as follows: 13.57.020 Rates. D. All self-haulers shall be charged and shall pay the following rates per ton at the Blue Mountain drop-box: 1. $237.40 The rate shown in the following table per ton for municipal solid waste,, provided that the v�,ith a$5.00 minimum charge to a self-hauler is $5.00. 2015 2016 2017 Rate Surcharge Total Rate Surcharge Total Rate Surcharge Total $237.40 $9.94 $247.34 $242.15 $16.89 $259.04 $246.99 $23.70 $270.69 2018 2019 Rate Surcharge Total Rate Surcharge Total $251.93 $30.99 $282.92 $256.97 $38.78 $295.75 2. Recyclable materials deposited into the recycling drop-off facility will not be charged a fee. Acceptable household hazardous waste will not be charged a fee. 3. The self-hauler rate shall be reduced by 4.6 percent for the federal government, its agencies and instrumentalities. -1- E - 41 Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 3 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4 -Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect on January 1, 2015 after passage and publication of an approved summary thereof consisting of the title. 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: APPROVED AS TO FORM: Jennifer Veneklasen, City Clerk William E. Bloor, City Attorney PUBLISHED: 2014 By Summary -2- E - 42 RT NGELES W A S H I N G T 0 N, U. S. A. CITY COUNCIL MEMO DATE: October 21, 2014 To: CITY COUNCIL FROM: Corey Delikat, Parks & Recreation Director SUBJECT: Civic Field Boiler Replacement-Project PK01-14 Summary: The 2014 budget included $50,000 from the General Fund to replace the 2007 red- tagged electric boiler at Civic Field. The boiler was purchased for $15,417.25 with Ferguson's in Sequim being the lowest bidder. Recently, quotes were also obtained to remove the existing boiler and install the new one. Swift Plumbing & Heating from ]Kingston,WA was the lowest bid at$14,212.32. The overall cost of the Civic Field Boiler Replacement Project totaled $29,629.57, saving $20,370.43 of the estimated cost. Recommendation: Approve and authorize the City Manager to award and sign a construction contract for the base bid to install the newly purchased electric boiler at Civic Field, Project PK01-14, in the amount of$14,212.32; and to make minor modifications to the contract, if necessary. Background/Analysis: The 500 gallon electric boiler was red-tagged by the State in 2007 due to major deficiencies. During the 2014 budget process, $50,000 was secured through the General Fund to replace the boiler and restore hot water throughout the facility. After calculations were performed, quotes were obtained for a 300 gallon electric boiler, with Ferguson's in Sequim being the lowest bidder at $15,417.25. With the recent delivery of the new boiler, a pre-bid walk around was performed and quotes were obtained to remove and dispose of the existing boiler and install the new one. All materials used to replace the boiler shall be new and meet all permit and manufacturer's specifications and requirements. No local businesses submitted bids for the project nor participated in the walk around. Swift Plumbing & Heating was the lowest responsible bidder and the bid results are summarized in the below table: CompaaL_ Base Bid Ranking Swift Plumbing & Heating, Kingston $14,212.32 1 Engel Construction, Indianola $16,195.00 2 C:\Users\Kmbailey\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\VRWLCHXY\Civic Field Boiler Replacement Project-CCMemo-FINAL.doc E - 43 SUBJECT: Civic Field Boiler Replacement-Project PK01-14 Although the amount of this contract is low enough that the City Manager could authorize, staff believes that this contract is one of two components for the Civic Field Boiler Replacement Project. The first component was the purchase of the boiler, and the other component is the installation. The combined total cost of the Civic Field Boiler Replacement project is $29,629.57, and that amount is outside the City Manager's authority. Because of this, staff is seeking Council's approval to authorize the City Manager to award and sign a construction contract for the base bid to install the electric boiler at Civic Field, Project PKO1-14, in the amount of$14,212.32; and to make minor modifications to the contract, if necessary. E - 44 P111 OR NGEL f........... z � Y Y A 10 I l'Yi G T 0 N, U. S n A, �m mhll' fllr CITY COUNCIL MEMO DATE: October 21, 2014 TO: CITY COUNCIL FROM: BYRON W.OLSON,CHIEF FINANCIAL OFFICER SUBJECT: CFP IT0213 THIN CLIENT VIRTUAL CONVERSION/REPLACEMENT,PHASE 11 CONTRACT AWARD IN THE AMOUNT OF$68,858.63 Summary: Our current personal computer(PC)hardware is 5-7 years of age and nearing obsolesce. The current replacement plan continues our migration to a centralized server-based thin client system. We are in the second year of two-year initial rollout on the migration. This approach will continue to save money by replacing personal computers with thin client server-based systems at approximately one-half the price, reduce IT staff time associated with software upgrades and standardize our software applications/set-up making our overall IT process much more efficient. Recommendation: Staff recommends moving forward with the following actions: 1. Authorize purchase of supporting thin client software; 2. Authorize purchase of related Microsoft software; and 3. Authorize purchase of thin client appliances for the transition of Finance, Customer Service, and other City staff to the thin client platform. This proposed purchase consists of 60 additional Microsoft and VMware software licenses at a cost of $68,858.63 including taxes from State of Washington Contract vendor CompuCom with funding coming from CFP IT0213 currently budgeted in IT 2014 budget at$80,000. The savings will be retained within the IT budget for use in the future. Backeround/Analysis: Existing staff PC's are between 4-7 years in age and are nearing obsolesce. Due to the reoccurring cost of replacement every 3-5 years and additional costs of reoccurring software upgrades, staff investigated and then set in place the ability to move forward with an industry standard of thin client,private cloud based computing. A good example of a thin client application is at your doctor's office where you see a very small"computer"box, a keyboard, and a monitor. Our system consists of three parts: • the server backend; • the user software aspect; and • the appliance The software utilized consists of remote desktop software, an operating system, and utility programs such as Microsoft Office applications. These applications reside on a centralized file server with redundancy and backup capabilities. The desktop image is presented to the user via a thin client interface or appliance. E - 45 Staff Report to the City Council CFP IT0213 Thin Client Virtual conversion/Replacement,Phase II Contract Award This appliance is smaller than normal desktops with no moving parts allowing for a longer life cycle of 8-10 years at a significant reduction in costs. Software will be done on a multiyear agreement with software assurances for upgrades included as part of the maintenance plan. To the normal user it will appear they have a true desktop including a local hard drive,network access and other features when in fact they are running an image from a server session. Such a platform allows IT to backup data files globally,perform record searches and allow for timely system restorations. Additionally,with movement toward a thin client platform,we will have significantly enhanced ability for security and permissions that will allow users to access their desktop from any location or device that has a wireless connection. This will provide city staff to access critical office files from their vehicles but also public works staff accessing applications such as permitting, land files, GIS and SCADA from onsite locations. If for some reason a laptop/tablet or thin client device is lost, stolen or damage beyond repair,no information is lost no information will be lost or compromised because no information was stored on the laptop, tablet or thin client. The server infrastructure is already in place,PAPD, Fire Department, IT support and the IT training rooms are already operational. Customer Service and Finance are pending final testing and rollout awaiting pending licensing increase. Rollouts to other departments are pending scheduling and availability of funding. Impact: Without a thin client platform, the ongoing reoccurring cycle of big budgetary hits needed to fund multiple replacements of PCs, software renewal, and eventual disposal issues will continue to occur. Additionally the inability to backup and recover lost localized data and recovery of data on remote operating system will continue. With software assurance,upgrading to the new versions never will be a question of when we can afford it. The price quote from the Washington State vendor, CompuCom is attached for your reference. E - 46 0 cu G) G) 0 M 0 A) 0 < = = 0 3 6 0 M 0 a = co D CD U3 -n o m o 0 > = 0 0 cn 0 :7 X (D (1) 0 o w (A cn r CL cD rL '0 :3 r 0 o =1 0 w (D (D m 0) cD (D 0 R M (D C) A. m (D (D cr =I. CL ff 0 CL 0 m X a 0 m 01 m o 0 0 w ul n) (D -0 CL to o 0 0 m 0 X W 3 0 goW, 0 0 cr o m =r 0111, W W 0 o Q 0 0 0 CD (A 0 cL Q. 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CL ID X0 "< a —,a M m 0 0 r- CL Z FD 0) 0 X N 0 0 rL m M or -4 a = = m W l< to CL CL 9.0 trF Fj tr 0 o = CL CL 3 �; 0 , ZY r (D �Z w 0 CL M 3 cL w V ca rya go CL 0 er oo ml 0. CL CD 00 8 q C 0 CL co F o a 0 0 W CD CD 0 o In In CL !n ' 'D 0 CD w 41 ro CL 4D 0 > :L 0 l< .0 co -n 0 = pr 03 o Im * E� CD 0 % m (1) rL 10 -0 cr OL r- 0 0 m 'n 3 R U cr z 03 0) x M < 0 71 0 W, CL -0 03, o cr 0 o 0 (D co -0 m as 0 w ca 07 CD m a) 0 3 -0 0 @ (D SD o = 0 > 0) — - -4 z CL cr 3 0 as m rn w x w m r— to m oo m V c cn co 0 o 0 • CD ; 3 CD 0 CA rp W 0 ID a to 3 CL N) b� 0 8 4 IN P 5p w a) 4 C aaro E - 50 "OOFF'ORT NGELES -= WASH I N G T O N, U. S. A. CITYCOUNCILMEMO DATE: October 21, 2014 TO: CITY COUNCIL FROM: NATHAN A.WEST,DIRECTOR COMMUNITY&ECONOMIC DEVELOPMENT SUBJECT: ADOPTION OF SHORELINE MASTER PROGRAM WITH DEPARTMENT OF ECOLOGY Summary: Final review and adoption of the City's revised Shoreline Master Program (SMP). Recommendation: Following close of the public hearing, Council should conduct a second reading of the attached ordinance adopting a new Shoreline Master Program. BACKGROUND: Per RCW 90.58, the Washington State Shoreline Management Act, the City of Port Angeles began a revision of the City's Shoreline Master Program (SMP)in 2009. In 2012, Following three years of intensive review including several meetings and public hearings, the City Council passed Resolution 13-12 indicating the intent to formally adopt a new Shoreline Master Program for the City. After two years of state review, communications, and joint efforts with the Department of Ecology (DOE), the SMP was conditionally approved by DOE subject to required revisions identified in the attached letter. The City Council conducted a public hearing on October 7, 2014, in consideration of adoption of the SMP and conducted a first reading of an adopting ordinance. That public hearing was continued to October 21, 2014. Questions from one citizen were raised during the public hearing, and Council Members Bruch and Collins had additional questions which they indicated could be discussed with staff prior to the October 21, 2014, regular meeting. Staff met individually with Council Members Bruch and Collins following the Council meeting to discuss their questions, and have addressed the questions raised during the public hearing in the attached memo. On October 10, 2014, the Port of Port Angeles submitted the attached letter regarding adoption of the City's Shoreline Master Program. Port staff did not attend the October 7, 2014, meeting but asked that this information be included in discussion of adoption of the SMP. Staff believes that 1 G - 1 Council Memo Shoreline Master Program Revision October 21,2014 Page 2 the Shoreline Master Program as written allows water dependent uses within the shoreline area. Non water dependent buildings and uses require the noted setback for such activities. Staff believes that this information is responsive to the questions raised during the public hearing and from the Port following the October 7, 2014, meeting. Staff will continue to be available for comment, but suggest that the new SMP be adopted at this time. Attachments Ordinance Responses to comments received during October 7,2014 public hearing October 10,2014,letter from Port of Port Angeles T:\SMP\SMP UPDATE PROCESS\COUNCIL\CC MEMO 10 21 14.DOC 2 G - 2 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington revising the City of Port Angeles Shoreline Master Program by amending Ordinance 2033, as amended, and Port Angeles Municipal Code 15.08.040. WHEREAS, in 1979 the City adopted procedures for the processing of shoreline applications under the Shoreline Management Act of 1971 by adoption of Ordinance 2033; and WHEREAS, on May 23, 1995, a new Shoreline Master Program was adopted by Ordinance 2869, amending Ordinance 2033, which is a planning document that outlines intended goals and policies for the shorelines of the City and establishes regulations for development occurring within the shoreline jurisdiction, and is required to be updated per the State Shoreline Management Act; and WHEREAS, following extensive review of the City' s Shoreline Master Program through a series of public forums between 2009 - 2013, Council adopted Resolution No. 13-12 directing submittal of the revised Program to the Washington State Department of Ecology for final review; and WHEREAS, the City' s Revised Shoreline Master Program has been reviewed by Washington State Department of Ecology, which Department issued conditional approval of the Program subject to changes for internal consistency, revisions for clarity and understanding, and for consistency with state laws; and all changes have been made on the attached Exhibit A, the Revised Shoreline Master Program; and WHEREAS, the City is required to, and on October 7, 2014, did hold a public hearing to review final changes to the Shoreline Master Program; and G - 3 NOW, THEREFORE, the City Council of the City of Port Angeles, Washington, do ordain as follows: Section 1. Ordinance No. 2033, as amended, PAMC 15.08.040, and the City' s Shoreline Master Program are hereby amended by adoption of the attached Exhibit A, Revised Shoreline Master Program. Section 2. The City Clerk and the codifiers of this ordinance are authorized to correct scrivener' s errors, references, ordinance numbering, section and subsection numbers and any references thereto. Section 3. This Ordinance exercises authority granted exclusively to the City Council and is not subject to referendum. It shall be in force and take effect 5 (five) days after publication according to law. PASSED by the City Council of the City of Port Angeles by a vote of one more than the majority of all members of the legislative body at a regular meeting of said Council on the day of October, 2014. Dan Di Guilio, Mayor ATTEST: APPROVED AS TO FORM: Jennifer Veneklasen, City Clerk William E. Bloor, City Attorney PUBLISHED: By Summary G - 4 City of Port Angeles Public Hearing Comments From October 7, 2014 Public Hearing: Prepared by Chrissy Bailey, WA Dept. of Ecology, and Scott Johns, City of Port Angeles Following are questions with answers in bulleted format: 1. According to the Responsiveness Summary',comments that would protect natural resources have been dismissed. • Ecology's role in reviewing and approving Shoreline Master Programs (SMPs) includes evaluating the SMP's consistency with the policy of the Shoreline Management Act(SMA), RCW 90.58 - "protecting ecological functions, fostering reasonable utilization and maintaining the public right of navigation and corollary uses", and with the SMP Guidelines in WAC 173-26 (Part III). Local SMPs are required to include policies and regulations designed to achieve no net loss of shoreline ecological functions. Ecology has no authority to require changes to locally adopted SMPs to enact protections that go beyond the no net loss standard (see WAC 173-26-201 (2)(e)(ii)(A)). Ecology maintains that the City's SMP as conditionally approved is protective of natural resources to a degree that will achieve no net loss at a programmatic level. Individual projects are also required to be reviewed against this standard and to achieve no net loss. 2. Opportunities to"seek relief"and "where feasible" are exemptions from the SMP- need stronger language so regulations are met. • 'Feasible' is defined in the SMP and in the Guidelines. The definition outlines the conditions under which an action may be considered feasible. Utilizing this definition provides some flexibility where appropriate but is not an automatic waiver from meeting standards or complying with requirements. Ecology replaced phrases like "when possible" in the SMP with "when feasible" as part of its conditional approval, to ensure the process by which feasibility would be considered was consistent and transparent. Please see also#29 in the Responsiveness Summary. 3. Lack of mention of climate change • As outlined in the Responsiveness Summary(#31 and#43), the SMP Guidelines currently do not require local governments to address Sea Level Rise in SMPs. 4. Use of shoreline stabilization needs to be revisited and reduced • Please see response#30 in the Responsiveness Summary. The section of the SMP Guidelines relating to shoreline stabilization (WAC 173-26-231 (3)(a)) is one of the most prescriptive sections of the Guidelines. New development must be located and designed to avoid the need for structural shoreline stabilization to the extent feasible. Over 94%of the City's shoreline is already armored, so replacement of shoreline stabilization structures is likely to be a more common occurrence than proposals for new structures. For both new and replacement shoreline stabilization measures, a geotechnical report is required that must address the necessity and urgency of the specific situation. For replacement, if an existing structure is located within 20 feet of the ordinary high water mark(OHWM), a geotechnical report is not required to demonstrate need. 5. Rayonier Zoning • The SMP does not address zoning. It is assumed the comments are in regard to the shoreline environment designation (SED) for this site. Please see#9, #10, and#11 in the Responsiveness 'The Responsiveness Summary is attachment C to the Director of Ecology's Conditions approval letter dated September 12,2014. Responses to questions raised at October 7,2014 public hearing Page 1 G - 5 Summary. The commenter suggests this shoreline segment be given the most protective zoning (SED), which in the SMP is the Urban Conservancy-Low Intensity (UC-LI) SED. If at some point in the future the site is designated as open space in the City's Comprehensive Plan and is restored to a relatively intact, minimally degraded functioning shoreline area (which are the designation criteria for this SED in chapter 2 of the SMP), the City could choose to pursue a map amendment and re designate the segment. • A later comment states that on page 10 of Attachment Az, Ecology says once the Rayonier site is restored it could be designated Natural. This misconstrues Ecology's statement.The purpose statement and management policies associated with the Natural SED in the SMP Guidelines (WAC 173-26-211 (5)(a)(i) and (ii)) are reflected in the UC-LI designation in the City's SMP, as conditionally approved.The UC-LI designation addresses the objectives outlined by some commenting parties in their requests for inclusion of the Natural SED in the SMP; it just has a different name. Ecology's statement on page 10 does not relate to the Rayonier site. It is unclear what is intended by the portion of this comment referencing the Lagoon-Nippon area. 6. Dry Creek • It is not clear to Ecology what the comments regarding Dry Creek are intended to convey. Dry Creek is not an SMA stream. The SMA applies to portions of streams with a mean annual flow of twenty (20) cubic feet per second (cfs) or greater. As with the other streams entering the Strait of Juan de Fuca or the Port Angeles Harbor in the City and its Urban Growth Area,the z Attachment A to the Director of Ecology's September 12,2014 conditional approval letter. SMP only applies to those portions that are tidally influenced or to shorelands (generally the area within 200 feet of the OHWM) adjacent to tidally influenced portions. The City's SMP generally does not apply to Dry Creek. • The City's Environmentally Sensitive Areas ordinance would continue to apply to Dry Creek. 7. Setbacks • Please see response below. 8. Detail what can be sited on HI-MU • Please see Table 1 in the SMP. 9. What overwater structures would be considered in the HI-M and HI-MU designations and where would they be • The cited statement (page 19 of Attachment A) is in regard to expansion of existing overwater structures, not consideration of new structures. Specific examples are given in the text: expansion of the marina, a dock extension at the Landing Mall, and potential creation of overwater viewing areas. 10. Explain the difference in buffer language • As outlined in the cited sentence and the reference therein, local jurisdictions have the option under the SMA to regulate critical area buffers through the SMP. The City of Port Angeles has chosen not to, so the buffer continues to be regulated by the Environmentally Sensitive Areas ordinance. For example, associated wetlands are regulated under the SMA per RCW 90.58.030 (2)(d). However the buffer is not required to be regulated under the SMA. For ease of administration, some jurisdictions choose to regulate buffers through the SMP so only one `code' applies to the entire system. Responses to questions raised at October 7,2014 public hearing Page 2 G - 6 11. Restate sentence,adding"is to" improve ecological functions • This sentence explains the no net loss concept; adding the requested language would not align with the concept. 12. Asks for larger setback in segments H and I, cites sea level rise and increased wave action. • The cited language in bold in this comment refers to wave energy and its effect on aquatic resources. It is not clear how this relates to upland setbacks. 13. Amplify compensatory mitigation • Please see the definition of mitigation in chapter 6, and the description of the mitigation sequence (which is applicable to all use and development in shoreline jurisdiction) in chapter 3, section 1.c.6. 14. 50 foot setbacks and 25% reduction are not wise • Setback reductions are not automatic and are allowed only under specific circumstances. 15. Change language describing trail as pedestrian to public • The intended objective of the language is to recognize the trail as a corridor for pedestrians. This does not limit the ultimate use of the trail to pedestrians only. 16. Rayonier site designation • Please see responses above, as well as#14 on the Responsiveness Summary. Additionally, Ecology believes the commenter's question about a 200 foot setback may result from confusion with 200 feet as it relates to the definition of shorelands in RCW 90.58.030(2)(d), which defines shoreline jurisdiction and the area to which the SMA applies. 17. Delete phrase"compelling reason to contrary" • The page and section references given in this comment do not align with Attachment B. In the one instance where they do (reference to page 30),this text comes directly from the SMP Guidelines at WAC 173-26-221 (4)(d)(iv). In this context, a compelling reason to the contrary could be but is not limited to the view being the only public view of a specific water body, that it is a particularly significant public view, etc. 18. Communication and radio towers • Page/section reference does not align with Attachment B. 19. 65 foot setback and LiDar information on the structure of the bluffs • The LIDAR tool the commenter is referring to comes with the following disclaimer: "NOTE this is informational ONLY and shouldn't be used as a basis for development specifications-which should be based on appropriate consultation and assessment with licensed professional as required by planning and permitting agencies." • The City's Environmentally Sensitive Areas ordinance currently requires a 50' buffer from the top of the bluff. The City indicates the Best Available Science document prepared for the Environmentally Sensitive Areas ordinance supports this distance, which has been expanded upon by the addition of a 15' setback from the edge of the buffer in the SMP. 20. Amplify"unless otherwise specified for a particular segments of adjacent shorelands" • Page/section reference does not align with Attachment B. Section 8.c.1 on page 43 of attachment B is likely the subject of the comment. The reference to adjacent shorelands is to segments D, E, H through O, and part of P. In chapter 2, new overwater structures are prohibited in some segments (segment D for example) regardless of what purpose such overwater structure would serve. Responses to questions raised at October 7,2014 public hearing Page 3 G - 7 21. Delete"encouraged"and replace with "mandatory" • This is a policy. Policies are statements of intent. SED management policies are intended to assist in the interpretation of environment designation specific regulations. As outlined in WAC 173-26-201 (2)(e)(ii), mitigation measures applicable to shoreline development must achieve no net loss of shoreline ecological functions but cannot result in requirements for mitigation that are in excess of that necessary to assure no net loss. In other words, restoration above and beyond that necessary to mitigate for unavoidable impacts cannot be required. It can be done voluntarily or incentivized, but not required. Under these circumstances (as it applies to future projects or permits), "encouraged" is the appropriate word. 22. Table 1-shoreline use matrix • See responses below. 23. Matrix note 3- examples of"passive" • "Passive" as contrasted with active. In this context, a water-oriented recreational or public access use may be considered passive if it includes "little development" and "no significant impacts." Examples could include hiking or sea bird viewing. 24. Shoreline modification matrix-includes a lot of modifications for a process trying to restore natural systems • Ecology is unclear on what is meant by"a process trying to restore natural systems."The purpose of listing these modifications in this matrix is to summarize what types of modifications may be authorized in which SEDs subject to the policies and regulations contained in the SMP. 25. Loophole in underlined reference(RCW 90.53.530) • Ecology would refer the commenter to the cited section of the Act. It outlines the conditions under which relief can be afforded when restoration projects result in an increased area subject to regulation under the SMP. The intent of this legislation is outlined here: Finding -- Intent -- 2009 c 405: "The legislature finds that restoration of degraded shoreline conditions is important to the ecological function of our waters. However, restoration projects that shift the location of the shoreline can inadvertently create hardships for property owners, particularly in urban areas. Hardship may occur when a shoreline restoration project shifts shoreline management act regulations into areas that had not previously been regulated under the act or shifts the location of required shoreline buffers. The legislature intends to provide relief to property owners in such cases, while protecting the viability of shoreline restoration projects." [2009 c 405 § 1.] 26. Critical Area policy referencing tsunami zones • This section is about critical areas as defined in the SMP Guidelines at WAC 173-26-221 (2)(a) and in the Port Angeles Environmentally Sensitive Areas ordinance. Tsunami zones are not listed in either the Guidelines or the City's ordinance as a critical area. 27. Who monitors and enforces whether surface drainage on marine bluffs is causing erosion • As the SMP and the SMP Guidelines at WAC 173-26-191 (2)(a)(iii)(A) outline, the effect of master programs is generally on future development and changes in land use. This regulation is not intended to assign someone to monitor and/or enforce whether surface drainage is currently causing erosion of marine bluffs. The purpose of this regulation is to predicate future development on the condition it direct surface drainage away from marine bluffs unless infeasible, and then only when specific design standards are adhered to. Responses to questions raised at October 7,2014 public hearing Page 4 G - 8 • A local government evaluates a permit application with respect to the SMP policies and regulations and approves it only after determining that the development conforms to them. As outlined in chapter 7 of the SMP,the City and the State (when applicable) can attach conditions of approval to any permitted use. Applicants are responsible for demonstrating the proposed development or activity is consistent with the criteria that must be met before the permit or statement of exemption is granted. Enforcement procedures are outlined in section H of chapter 7 in the SMP. 28. High quality wetlands on the Rayonier site • The City's Shoreline Inventory, Characterization and Analysis Report maps a potential wetland at the mouth of Ennis Creek and one in the southwest corner of the site. This data is based on the National Wetlands Inventory(NWI). Ecology's wetland layer also shows the potential wetland in the southwest corner of the site. At the time a project was proposed on this site, the applicant would be required to identify, delineate and categorize any wetlands on site and comply with the wetland regulations in the SMP. Considering the level of disturbance that has occurred at this site and until any identified wetlands are categorized, Ecology cannot speak to the quality of potential wetland systems on this site. 29. Mandate low impact development • This is a policy, rather than a regulation or requirement. Policies are statements of intent. There are conditions and places wherein elements of low impact development may not be technically feasible. 30. Define excessive • Please see the vegetation conservation section of the SMP (chapter 3, section 12). This section outlines pruning for maintenance of views is subject to the standards in sections 15.20 (Environmentally Sensitive Areas Protection-Viewshed Enhancement) and 15.24 (Wetlands Protection) of the Port Angeles Municipal Code. 31. Use Integrated Pest Management Plans when considering herbicides • This comment references one of the required components of a vegetation management plan. These plans must be prepared by a qualified professional as defined in the SMP and in the City's Environmentally Sensitive Areas ordinance. The qualified professional would be expected to determine what is appropriate for each project or site, based on their professional judgment. 32. Define significant • Please see chapter 7 for the definition of"significant ecological impact." 33. Include language from the City stormwater management plan • Referencing the City's Stormwater Management Plan and Engineering Design Standards in this regulation serves to incorporate the requirements without duplicity and redundancy. In addition, the cited manual and design standards are based on different legal authorities than the SMA; placing specific language or standards from those plans in this plan would necessitate the City amend the SMP every time either of those documents is amended. 34. Permitting structural modifications in regulation#3 is a loophole • Ecology does not view regulation 3 as "undoing" regulations 1 and 2. Regulation 1 is specific to new uses and development. Regulation 2 says one cannot modify the shoreline in support of an unpermitted/prohibited activity. Regulation 3 is not specific to new projects, and again references 'when feasible', which is defined in the SMP. Please see WAC 173-26-191(2)(a)(iii)(A), which outlines that permit review, implementation and enforcement procedures affecting Responses to questions raised at October 7,2014 public hearing Page 5 G - 9 private property must be conducted consistent with constitutional and other legal limitations on the regulation of private property. 35. Shoreline stabilization counters no net loss and preservation of the shoreline • The SMP Guidelines at WAC 173-26-231 (2) and (3) and the City's SMP recognize that shoreline stabilization can result in adverse impacts to the shoreline environment and that modifications should be limited in number and extent. Please note that 94%of the City's shoreline is already armored. New shoreline stabilization would only be allowed when consistent with all of the applicable provisions in the SMP. No net loss of shoreline ecological functions is required by chapter 3, section 1.c.6 and chapter 4, section 13.2.c.3. 36. Does mitigation have to happen at the same site Mitigation requirements would be site and project specific. 37. Delete phrase"to the greatest extent feasible" • Please see response above. 38. Where are swimming/diving platforms suitable • This is an applicability statement. It outlines what types of development or activities the following provisions apply to. 39. Marine system protection should be reordered in the list as an "a". • No order of preference is intended to be reflected in this regulation. 40. Yes on"removal of structures in flood areas" • Comment noted. 41. How do dikes and levees protect natural process and functions • How this would be achieved would be project and site specific, and would depend on the conditions at each site as well as what sort of structure was proposed and how it was designed. 42. How soon must unsafe and abandoned structures be removed • The remainder of this regulation outlines that following notice to the owner, the City may abate such structures if the owner fails to respond within 30 days. 43. Specify 10%is from initial siting and not later expansions • The regulations specify that "A new permit is required when...expanded by more than 10% compared to the conditions that existed as of the effective date of this SMP...If the expansion exceeds 10%, the revision or sum of the revision and any previously approved revisions requires the applicant apply for a new permit. 44. Previous language prohibiting log storage where water quality standards cannot be met • See regulation 23: "New log transfer and in water storage facilities are prohibited in areas that do not meet state or federal water quality and sediment quality standards"...This language was deleted in regulation 17 because it was repetitive. 45. What improvements should be made to City Pier and Hollywood Beach • Ecology notes comment-this is a City policy and we do not know the origin. It is also noted that this policy is specific to recreational uses and activities. 46. Policy should include ADA compliance • Comment noted. 47. Is only non-motorized public transportation intended Responses to questions raised at October 7,2014 public hearing Page 6 G - 10 • The applicability section outlines that transportation facilities can include roads, highways, bridges, bikeways,trails, railways, airports,ferry terminals, heliports, public transit facilities and related facilities. 48. Should require certified clean fill • Ecology believes this concern is addressed in the fill regulations in chapter 4, section B.4.c. 49. Substantial development needs to be defined in chapter 6 • This term is defined in chapter 6. It appropriately refers the reader to RCW 90.58.030(3)(e)for details. 50. Define significant • As outlined above, "significant ecological impact" is defined in chapter 6. 51. Define substantial • This language comes directly from the rule outlining Shoreline Management Permit and Enforcement Procedures in WAC 173-27-170. Similar to situations referenced in responses above, "substantial" in this context will be site and proposal specific. 52. Revise notification language • Ecology is not clear on the intent of this comment. "At least 300 feet" is already in the text and could capture properties "and/or nearest to" the subject property. 53. What happens if a project doesn't move forward in 2 years • Comment noted. 54. Nonconforming uses and development • If a structure is damaged beyond 75%under the conditions outlined in this provision, it must be restored or reconstructed in compliance with the regulations applicable to that environment designation and shoreline segment. The structure can be configured differently but such configuration must meet all standards in the SMP. 55. Define periodically • Ecology notes this comment; it is assumed the City would perform this review at the time of the 8-year review outlined in chapter 1, section A. 56. Aquaculture2 • Bainbridge - Ecology notes this comment (news release from Coalition to Protect Puget Sound Habitat). The SMP remains effective until or unless the hearings board remands the matter to Ecology and to the City. • Coalition to Protect Puget Sound Habitat letter- Ecology is not clear on how these comments are relevant to the Port Angeles SMP. There are multiple references to Pierce County, and shoreline environment designations being referred to do not exist in the Port Angeles SMP. A number of the 'language added' statements requesting text be added to whichever SMP was originally the focus of these comments (presumably Pierce County) call for language that 2 For a general overview of the information Ecology considers with regard to aquaculture in Shoreline Master Programs, please see Ecology's Aquaculture Interim Guidance for SMP updates,dated June 2012(attached). Ecology would be happy to provide specific citations for the sources of information, both over time and currently, we have consulted when considering the potential effects of various forms of aquaculture,when preparing guidance,and when evaluating provisions for aquaculture in locally adopted SMPs. Responses to questions raised at October 7,2014 public hearing Page 7 G - 11 currently exists in the Port Angeles SMP, as conditionally approved. Additionally, citations to Hearings Board cases may not be transferrable to any other location or project because as the Board's decisions themselves state, the decisions were based on consideration of site specific factors. Finally, as conditionally approved the City's SMP requires a Conditional Use Permit (CUP)for aquaculture uses and activities. In accordance with chapter 7, section C.2, a consideration of cumulative impacts is required in the granting of all CUPS. • Overall -some forms of aquaculture are water-dependent uses,which are a preferred use of shoreline areas under the SMA and the SMP Guidelines when done consistent with the control of pollution and prevention of damage to the environment. Conditionally allowing aquaculture does not mean it will occur throughout the City's aquatic landscape.As outlined in the SMP Guidelines at WAC 173-26-241 (3)(b), "Potential locations for aquaculture are relatively restricted due to specific requirements for water quality, temperature,flows, oxygen content, adjacent land uses,wind protection, commercial navigation, and, in marine waters, salinity." Note that due to the presence of wastewater treatment plant outfalls,the sale for human consumption of commercial shellfish from the Port Angeles Harbor and outside of the harbor just to the west of Ediz Hook is prohibited (see attached map from the Department of Health). This does not mean that aquaculture for other purposes, for example Floating Upweller Systems (FLUPSYs) for raising seed, or facilities for native enhancement or improving water quality, are not appropriate uses in areas otherwise unsuitable for growing product for immediate human consumption. Furthermore, all applicable provisions of the City's SMP must be met in order for an aquaculture permit application to be approved. One such provision outlines that aquaculture with upland components would not be authorized in aquatic areas adjacent to UC-LI, Urban Conservancy-Recreation, and Shoreline Residential designated uplands. Additional provisions relate to assessing aesthetic and visual impacts as well as conflicts with navigation and other water dependent uses, and ecological considerations. • In addition to being a water-dependent use, aquaculture is also defined as an activity of statewide interest.The aquatic areas addressed by the City's SMP include areas waterward of the OHWM in the Strait of Juan de Fuca and the Port Angeles Harbor. Waterward of the extreme low tide line, these areas are also shorelines of statewide significance under RCW 90.58.030 (2)(f). For these areas,the SMA states "The legislature declares that the interest of all of the people shall be paramount in the management of shorelines of statewide significance.The department, in adopting guidelines for shorelines of statewide significance, and local government, in developing master programs for shorelines of statewide significance, shall give preference to uses in the following order of preference which: (1) Recognize and protect the statewide interest over local interest;..." (RCW 90.58.020). • Ecology also works closely with other State agencies as well as Federal agencies on issues relating to aquaculture. New aquaculture methods and processes continue to be developed; for example, in a January 2013 letter to Ecology regarding Jefferson County's consideration of net pen aquaculture (attached),the National Oceanic and Atmospheric Administration (NOAA) acknowledged "As with any activity, there are risks associated with marine aquaculture. However,with existing regulations, proper farm management practices, appropriate siting, and consistent monitoring, these risks are manageable, as is documented by the 40 year track record of net pen facilities operating in Washington State."Two scientific technical memorandums cited in NOAA's letter assess the risks associated with salmon farming, identify best management practices to minimize risks, and find no harm to ESA(Endangered Species Act)- listed salmonids from the operations of existing farms.Washington Sea Grant, the Washington Responses to questions raised at October 7,2014 public hearing Page 8 G - 12 State Department of Natural Resources (DNR), NOAA and Puget Sound Restoration Fund, among others, continue to conduct research on aquaculture. Ecology continues to refine aquaculture- related guidance based on the most recent findings from research relevant to the region. RESPONSE TO ADDITIONAL COUNCIL MEMBER QUESTIONS FOLLOWING 10/07/14 PUBLIC HEARING No aquaculture in aquatic designations. • Not all aquaculture can take place on uplands (as the term aquaculture implies). Most water based aquaculture will also require an upland site for processing, storage, etc. • Legal activities cannot be totally prohibited. Must be allowed somewhere. • Several agencies have jurisdiction or provide standards under which aquaculture operates. Those include NOAA, USACOE, WSDNR, WSDOE, WSDFW, among others. • Technology and methods to reduce pollution and escapement have been improved. Why are dikes and levees permitted? • A levee or dike is an elongated naturally occurring ridge or artificially constructed fill or wall, which regulates water levels. It is usually earthen and often parallel to the course of a river in its floodplain or along low-lying coastlines. • There will likely not be a demand for dikes or levees due to existing shoreline conditions and lack of rivers. • Due to the concern for potential increases in sea level, there may be a possibility that dikes or levees may become necessary. If they were not allowed, the City could be held liable for property damage as a result of flooding. Why are outfalls permitted in the Shoreline Residential designation? • There are several existing outfalls that would become nonconforming if they were prohibited. Allowing repairs to prohibited facilities when needed would become quite complicated. Not all of the existing outfalls are private stormwater facilities. City owned stormwater outfalls also exist. • Small scale stormwater outfalls are not anticipated to cause significant impacts. Infiltrating stormwater into bluff top soils is likely to destabilize those sites. In many situations, moving stormwater from its on-site collection point into the City's stormwater system would require expensive pumping. All outfalls should be conditional. • Conditions are applied to all shoreline permits, regardless if they are a "Permitted or Conditional Use. The conditions applied are intended to control or guide a specific aspect of a use. A Conditional Shoreline Permit is processed by the State Department of Ecology where broader oversight is required. Local approval of outfalls is anticipated to provide adequate conditions to eliminate potential adverse impacts. • SEPA Mitigated Determination of NonSignificance can implement the same level of control over anticipated impacts. Are the outfalls stormwater or sewer? • In Shoreline Residential designations only stormwater outfalls would be considered. Residential stormwater management often requires that tightline outfalls to the beach for stormwater are common. Responses to questions raised at October 7,2014 public hearing Page 9 G - 13 • Sanitary sewer outfalls would be allowed for water-dependent industrial uses or for capacity expansion at the WWTP. Why was bioengineering and other shoreline armoring changed from Conditional to permitted in the High-Intensity Mixed Use designation? • Bioengineering is a strongly preferred method of shoreline armoring. It is the least impactive, most naturalistic form of armoring. • Requiring a Conditional Shoreline Permit would not provide additional benefits or controls that could not be gained from a mitigated SEPA determination. • Shoreline armoring will always be reviewed under the WAC 197-11-340(2)process (agencies with Jurisdiction), so several regulatory agencies will provide comments. • Requiring the additional process to permitting is a disincentive to use the more environmentally friendly soft armoring approach. • Department of Ecology did not see how processing shoreline armoring applications as a Conditional Shoreline Permit would provide additional controls or benefits to the shoreline environment over the controls currently required by agencies. Dredging in the Aquatic Conservancy designation should not be permitted. • Dredging in the AC designation is highly unlikely. However, dredge disposal is allowed according to the PSDDA management plan. • By not allowing any dredging, there is no ability to proceed with a project such as construction of a buried under water cable, or for clean-up of accidental spill/dumping of materials that may interfere with shipping. Rayonier Segment O. The 100' buffer should be expanded to 200'. • Ennis Creek is a Type 3 stream. PANIC 15.20.070 requires a 75' buffer from the OHWM. The 100' standard in the SMP is a Vegetation Conservation Area(VCA) and a setback for structures, both are different than a buffer. A buffer is an area that strictly limits activities and is required to be comprised of undisturbed native vegetation. A setback is a limit to the distance a structure may be allowed from a protected area or other feature. • Increasing the VCA/setback to 200' would eliminate potential uses that are allowed by the environmental designation. • The Rayonier site is still private property. The property owners still control the future of the site in many ways. Future uses are not determined, however, environmental restoration of the Ennis Creek corridor is being planned. Until site clean-up is completed future land uses are a matter of debate with many extreme views in the mix of proposed uses. • The 100' buffer was included in the June 2012 Council approved version of the SMP and no change has been required by DOE. As a note for future consideration, the SMP is intended to he updated on an every seven year cycle. Amendments to the SMP may he sought at any time within those seven year cycles. Responses to questions raised at October 7,2014 public hearing Page 10 G - 14 t W PORT FJF PORT ANGELES W A S H I N G T 0 N October 10,2014 Jeffree Stewart(via email,jgg46 y ��/) WA Dept. of Ecology SWRO PO Box 47775 Olympia, WA 98504 Scott Johns(via email,kqhn i cityof a®us) City of Port Angeles 321 E. First Street Port Angeles,WA 98362 Re: City of Port Angeles Shoreline Master Program (SMP)Setbacks at the Marina Dear Mr.Stewart and Mr.Johns: The Port of Port Angeles realizes that the City of Port Angeles SMP is rapidly approaching final approval/adoption at the City and State level, but the September 12, 2014 State required changes have resulted in unreasonable upland development standards around the existing Port Angeles Boat Haven. The community developed and locally approved SMP dated June 5, 2012 and revised January 18, 2013,stated on Page 27, "Setbacks and VCA requirements do not apply to jetties in the Boat Haven Marina".This clarification has been removed from the most recent 2014 updated version of the SMP. The 50'structural setback required in the High-Intensity Marine now applies to the upland around the Boat Haven. This setback removes approximately 3.5 acres of marina property, currently developed with boatyard, marine logistic,and harbormaster buildings,from reasonable water-oriented and marina use redevelopment.The intent of setbacks are to prevent future need for shoreline armoring to protect structures, but this area is already armored for the purpose of protecting the marina improvements. Future marina improvements and structures might be approved through the SMP variance process.This level of permitting process for upland development at the marina is not in the best interest of the Port,City or our stakeholders. ........... ............................................................. 338 West First Street (360)457-8527 COMMISSIONERS EXECUTIVE DIRECTOR P.O.Box 1350 Fax:(360)452-3959 John M.Calhoun Ken O'Hollaren Port Angeles,WA 98362 www.portofpa.com James D.Hallett G - 15 Colleen M.McAleer Page 2of2 ]effree Stewart and Scott Johns Please consider restoring the language eliminating the structural setback around the Boat Haven prior to final adoption of the SMPby the City on October 31, 2O14. Sincerely, PORT OF PORT ANGELES ~ ~- _ Jesse VVaknitz, Environmental Specialist CC: Chhssy Bailey—Washington State Department of Ecology, ) Nathan West—City of Port Angeles (via ernai|, ) Ken O'HoUaren—Port of Port Angeles(via email, \ � G ~ 16 r-F Ln Lp m 3 3 3 CD 0 0 � 0 m 3 77 _0 CD (D (D O*q r-+ (D 3 (/) 3 Z (D (D * 0 r-t- 0 0 (D (D r n) Ln (D Q 3 3 0 Qj 77 0 e-+ cu 0 Ln (D r+ cu c -'I r+ o 0- . r-+ 0 OL) 0 3 0= 3 -o 0- > zr _0 v -% (D CD CA U-1 z 0 > 0 -r% h ® n m (D 3(D r+n < r+ r- =r -% CD(D (D LM 0 0 0 _0 3 0 0 (D (D rt r-+ CA Lri Ull r+ (D (D a) -1 m < r- X rD M — C- rD M rD m 3 1 :3 C-+ r+ CL -n m a rt :71 3 r+ (D :3 CFQ' =- m r+ > ORT , NGELES " = WAS H I N G T O N, U. S. A.CITY COUNCIL MEMO EEF- DATE: October 21, 2014 To: CITY COUNCIL FROM: Craig Fulton, P.E., Director of Public Works &Utilities SUBJECT: Industrial Transmission Electric Rate Ordinance Amendments PANIC 13.12.071 Schedule IT-11—Industrial Transmission Summary: The Bonneville Power Administration Tiered Rate Methodology went into effect on October 1, 2011. Changes have been made to some of the City's allocations for the FY2015 rate period, and a comprehensive Cost-of-Service evaluation suggests than an increase to the Industrial Transmission customer's basic charge is warranted. Recommendation: Proceed with a first reading and open the public hearing on the proposed Industrial Transmission utility rate ordinance amendments. Continue the public hearing to November 4, 2014. Background/Analysis: The Bonneville Power Administration Tiered Rate Methodology (TRM)went into effect on October 1, 2011. Minor changes were made to the ordinance to allocate applicable portions of the TRM between the City's principal electric load centers. Additionally, using a model developed by the City's Cost-of-Service (COS) consultant, the FCS Group, a comprehensive COS evaluation suggests than an increase to the Industrial Transmission (IT) customer's basic charge is warranted. With one abstention, the Utility Advisory Committee unanimously recommended the adoption of the proposed amendments at its meeting on October 14, 2014. The proposed rate ordinance amendments are now offered for Council's consideration and, after any initial questions, the public hearing should be opened to allow public input. The public hearing should be continued to November 4, 2014, at which time it will be closed. City Council will then be requested to adopt the Industrial Transmission utility rate ordinance amendments. Following Council's ratification, the proposed rate adjustments would become effective November 15, 2014. Attachment: Draft Industrial Transmission Electric Rate Ordinance Amendments M\CCOUNCIL\EINAL IT Electric Rate Ordinance Amendments.docx G - 17 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles,Washington, amending Title 13, Chapter 13.12 of the Port Angeles Municipal Code relating to the Industrial Transmission electric rate classification. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Portions of Ordinance No. 2173 as amended, and Port Angeles Municipal Code section 13.12,07,part E. subsections 5 and 7 are amended to read as follows: E. Rate and charges. The rates and charges for service hereunder is the sum of the amounts determined in accordance with sections 2 through 11 for each month. 5. Load shaping charges and credits. HLH SSL velleb ef, 2013✓ 22,006,244 kxxr>, Apfil, 2014 15,6 4 n nnn l-xxr>, N ' - 2 kW �A 30 4 45 X14 l,xxrl, aOc�H}nei r,2ti ncn ��1 � xr, 26,272,811 k-W4 2 782,785 l,xxrt, Rtly, 2014 28,197,9571 ' 4 ' rn� l�xxr>, n,,, —+ e)n1 n 3,760i��xxrh �. � z �a __ . a �17'� �l�� i�-v-�iafeh, `0-1-4 21 726 70)3 Lxx7h peplembef,2 '�1 n11 nnn Lxx7h OetObef,, 214 12,198,727 Lxx7h p A .41 ')n1 n 10,244,103 Lxx7h z�rirz�T 20i3 15,8()9,9:71 1 c Qnn n�1 l�xxr>, Qkxxr>,,,,,,,,,,,,,,,,,,,,,,,,,,,,, veeembef,-20133 16,217,369 Lxx7h Rine,20114 14,440,8511 7h 1 c e)cn e)41 1 Pxr14 4 Fed zZ014 1 604 tine l,xxrh naps+ 101 n 1 1�c nti� l,xxrh -a- - Mafeh�'zA44 1 titin c n n l�xxn J;1 n 1 194 l�xxn -1- G - 18 HLH SSL kWh kWh October 2014 22,035,274 April 2015 15,665,637 ..................................................................................................................................... November 2014 26,120g20 - MdLzw 30,525,934 December 2014 26.089.142 June 2015 26.307.469 : January 2015 2 111 il Q1 I 7Y 7 July 2200115 28131155 February 2015 21,461,196 August 2015 21169.4 ....................................................................................I.............................................[IIIIIIIIIIIIIIIIII............................................................................. March 2 O15 �21155,365 September 2015 21,038,758 .................................................................................................................................. . ......................... ...... LLH SSIL kWh kWh October 2014 12111819 A2d12015 10157117 November 2014 15,830,827 MdLzw 18a74a00 .......................................................................................... December 2014 16,238,763 June 2015 14,459,901 January 2015 15170J99 July 2200115 14293.571 February 2015 i-1206221122 066 August 2015 l3j42,3 NOVI-:..........:..........:..........:. ............................................. March 2015 13,687,577 �-September 2015 12,429,569- 7. Basic Charge: Customer will pay to the City a basic charge of$3-3447.44 j4 242.00 per month. Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. -2- G - 19 Section 3 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4 -Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect on November 15, 2015 after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of November, 2014. Dan Di Guilio, Mayor ATTEST: APPROVED AS TO FORM: Jennifer Veneklasen, City Clerk William E. Bloor, City Attorney PUBLISHED: 2014 By Summary -3- G - 20 • ORT NGES A' , LE ,-- W AS H I N G T O N, U. S. A. CITY COUNCIL MEMO DATE: OCTOBER 21,2014 To: CITY COUNCIL FROM: KEN DUBUC,FIRE CHIEF SUBJECT: PROPOSED MEDIC 1 UTILITY RATE ADJUSTMENTS Summary: Due primarily to increases in operating costs, the City is proposing an adjustment to the Medic I utility rates for 2015, followed by a 5% increase in 2016 and a 4% increase in 2017. The 2015 adjustment reflects a$0.33 increase for monthly residential rates and a $0.53 increase for monthly commercial/business rates. These requested increases are shown on the attached proposed ordinance revising Chapter 13.73 of the Port Angeles Municipal Code relating to Medic 1 charges. The City's Utility Advisory Committee, during the October 14, 2014 meeting, agreed to forward a favorable recommendation to the City Council to proceed with the proposed rate adjustments. Recommendation: Conduct a first reading of proposed ordinance, then conduct a public hearing and continue to November 4, 2014. Background/Analysis: The Medic I program is structured as a utility— supported by transport charges, a monthly utility charge, and a General Fund contribution. Several factors have combined to necessitate a modest increase in the monthly utility charge. The first driving factor is an overall increase in operating costs related to fuel, maintenance and personnel. The second driving factor is the intent to maintain the General Fund contribution to the Medic I utility at the 2014 level. In order to address these issues, the City is proposing an approximate 6% adjustment to the Medic I utility rates for 2015, followed by a 5% increase in 2016 and a 4% increase in 2017. The 2015 adjustment reflects a $0.33 increase for monthly residential rates and a $0.53 increase for monthly commercial/business rates. The amount of the proposed adjustments for the higher user classifications, such as nursing homes, assisted living facilities and schools, will depend upon their user classification—with some classifications showing increases and other seeing rate decreases. These adjustments show on the attached proposed ordinance revising Chapter 13.73 of the PAMC. The City Utility Advisory Committee, during their October 10, 2014 meeting, agreed to forward a favorable recommendation to the City Council to proceed with the proposed rate adjustments. Attachment: Proposed ordinance revising Chapter 13.73 of the Port Angeles Municipal Code relating to Medic 1 charges. G - 21 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington,amending Title 13, Chapter 13.73 of the Port Angeles Municipal Code relating to utility rates. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance No. 3215 as amended, and Port Angeles Municipal Code sections 13.73.400 and 13.73.410 are amended to read as follows: 13.73.400. Charges established. In accordance with the rate study presented to the City Council, effective iftnuafy 4, January 1, 2015 the base rates and fees for the Utility shall be as follows: I User Classification Rate Residential $61.45 $69.05 per year, per unit Adult family homes* Q i 75.00 per year,per classification Assisted living facilities* 1$14.802 14 029 per year, per classification X24-Ho nursing ursing facilities* $tea U,666 per year, per classification :Group homes* _ �3 753 per year, per classification 1Jail facilities* &47,-� 1 756 per year,per classification Schools* $2391 11,241 per year,per classification Commercial/Business 1$64.66 $74.92 per year,per unit City public areas X41 U8,6.73 per year, per classification Rates for individual facilities do not include allowable exemptions and vary based upon their percentage of use within that classification. For individual facility rates, with allowable exemptions, see Exhibit A. * Effective iffintiafy 3, 2 January 1, 2016, the 2413 2015 individua each rates established by section 13.73.400 and determined by Exhibit A, shall be increased by 4*five percent. * Effective January 1. 2017, the 2016 each rate established by section 13.73.400 and determined by Exhibit A. shall be increased by four percent. G - 22 13,73.410 Medicaid adjustment. As provided in PAMC 13.73,300, the base rate established above shall be adjusted for persons who are medicaid eligible and who reside in a nursing facility, boarding home, adult family home, or receive in-home sei vices. The method and amount of such adjustments are shown on the attached Exhibit A, which supercedes and replaces any prior Exhibit A, is hereby adopted and approved. - - - - Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 3 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances,are held invalid,the remainder of the Ordinance,or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4 -Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect on November 15, 2015 after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of November, 2014. Dan Di Guilio, Mayor ATTEST; APPROVED AS TO FORM: Jennifer Veneklasen, City Clerk William E. Bloor, City Attorney PUBLISHED: 2014 By Summary -2- G - 23 EXHIBIT A Facility Facility Address Annual Fee Alter ExemptionAvailabitity AdjustmentFinal Proposed Annual Fee 24-Hour Nurs ing Facilities Crestwood 1116 E Lauridsen Blvd $1,120 $1 $1,121 Group Homes Serenity House 1006 W 11th $104 $1 $105 2nd Street House 138 W 2nd $0 $1 75,00' Clallam County Hostelries 1132 Hazel $0 N/A 75.00' Serenity House 2321 W 18th $156 $1 $157 Adult Family Homes Home Away From Home 1319 W 16th $0 $1 75.00` Assisted Living Laurel Park 1133 East Park Avenue $2,287 $1 $2,288 Park View Villa 1435&1445 Park View Lane $6,481 $1 $6,482 Peninsula Manor 1017 W 17th $187 $1 $188 St.Andrews Place 520 East Park Avenue $1,760 $1 $1,761 Jail Facilities Clallam County Adult 223 East 4th $1,580 $1 $1,581 Clallam County Juvenile I912 East Park Avenue $176 $1 $177 Schools Lincoln School 924 West 9th $745 $1 $746 Franklin Middle School 2505 South Washington $97 $1 $98 Hamilton Middle School I822 West 7th $0 $1 75.00' Jefferson Middle School 218 East 12th $97 $1 $98 Peninsula College I502 East Lauridsen $I,037 $1 $1,038 Port Angeles High School 304 East Park Ave $940 $1 $941 Queen Of Angels 209 West I lth $0 $1 75.00' Stevens Middle School 1139 West 14th $324 $1 $325 'High demand user classifications that do not qualify for an exemption cannot have a per-unit fee less than that of the Commercial/business Classification, Apartment Building with Single Utility Connection Exemption Worksheet Apartment Apartment #of Combined Annual Average Vacancy Annual Fee 25% Annual Fee Availability Final Address Units Unit Billing Base Rate Vacancy Amount Alter Combined After Adjustment Annual Fee Yes(No Vacancy Billing Adjustment Exemption Adjustment Gerald Austin Apartments 1305 Eastlst 26 Yes $174 25% $344 $1,031 $258 $773 $30 $743 Bayview Apartments 306 West Ist 12 Yes $634 t7°/a $t08 $526 $l32 $395 $t4 $381 8th Street Apartments 615 West 8th 8 Yes $423 0% $0 $423 $106 $317 $9 $308 Housing Authority Apartments 323 Fast 2nd 70 Yes $3,700 1% $37 $3,663 $9I6 $2,747 $81 $2,666 Housing Authority Apartments 401 East 5th 40 Yes $2,114 1% $21 $2,093 $523 $1,570 $46 $1,524 Morning Glory Apartments 529 East 1st 9 Yes $476 25% $119 $357 $89 $268 $10 $258 Rozelle Apartments 212 West 3rd 10 Yes $529 5% $26 $503 $126 $377 $12 $365 Jean Tyson Apartments 405 East Front 1 N/A $52,85 NIA NIA $52.85 $0 $40 $1 $39 4 Yes $211 15% $32 $I79 $45 $134 $5 $129 Uptown Apartments 120 S Laurel St 6 Yes $317 1% $3 $314 $78 $235 $7 $228 Tempest Apartments 112 N.Albert St 13 Yes $687 0% $0 $687 $172 $515 $15 $500 Imatuney Heights 2311 W 8th St 31 Yes $2,323 4% $93 $2,230 $557 $1,672 $29 $1,643 G - 24 ORT , NGELES .P A W A S H I N G T O N, U. S. A. vm�;;:.;;;;;;.. p CITY COUNCIL MEMO DATE: OCTOBER 21, 2014 TO: CITY COUNCIL FROM: NATHAN A.WEST,DIRECTOR COMMUNITY&ECONOMIC DEVELOPMENT SUBJECT: MINOR MUNICIPAL CODE AMENDMENTS -MCA 14-01 Summary: Consideration of minor amendments to Titles 14, 15, and 17 of the Port Angeles Municipal Code. Recommendation: Following the second reading, Council should adopt the attached ordinances finalizing minor amendments to the Port Angeles Municipal Code. Background: On October 7, 2014, the City Council conducted a first reading of three draft ordinances amending Titles 14, 15, and 17 of the Port Angeles Municipal Code(PAMC). The basis for these minor amendments is described in staff's report to the Planning Commission for consideration during the Planning Commission's September 24, 2014, public hearing. That staff report was attached to the October 7 Council Memo and is attached to this memorandum for your continued reference. Staff noted during the October 7, 2014,public hearing that all of the proposed amendments are intended for clarity, brevity, and to correctly reflect state regulations which have not been subsequently amended in the PANIC. No new regulations are being imposed. During the public hearing, Council Member Bruch noted grammatical corrections that have been addressed in the attached ordinance. City staff does not codify the Code. Final formatting irregularities will be passed along to the contracted agency to ensure consistency throughout Code. Commissioner Whetham asked about the possibility of permitting park model units for occupancy in the City. The permissibility of park model units for occupancy outside of trailer parks in the City would not be a minor amendment to the Port Angeles Municipal Code as are the other amendments being proposed. However, staff is prepared to discuss this item with Council during the public hearing. If there are no further questions, staff recommends that the Mayor conduct a final reading of the three ordinances to effect the amendments. Staff will be available for questions. The ordinances and previous staff report are attached for informational purposes. Attachments: Ordinances(3) 9/24/14 staff report to Planning Commission H - 1 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington making changes to Title 14, Chapters 14.36 of the Port Angeles Municipal Code relating to signs. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 2152, as amended, and Chapter 14.36 of the Port Angeles Municipal Code relating to signs are hereby amended by amending Section 14.36.090 to read as follows: 14.36.090 Removal of prohibited and nonconforming signs. A. The Building Division shall notify the business owner and the sign owner or lessee and the owner of the property of each sign that is either a prohibited or nonconforming sign under the terms of this chapter. B. Signs advertising a business no longer operating must be removed upon closure of the business. Signs advertising a product no longer being sold on the premises must be removed upon cessation of the sale of the product. A free standing sign support structure that supportediffg a sign that advertisedi a business no longer functioning shall be removed within 365 days one (11 vear of closure of the business. An extension of this time period may be requested by appeal to the Community and Economic Development Director. Such extension shall only be considered for conforming sign structures when use of the structure is imminent and/or retention is deemed to be valuable to the integrity of the site. Failure to remove a sign or freestanding support as required by this section is a violation of this chapter. In the event of such violation, the City shall have all rights and remedies available at law. In addition, and not in limitation of its rights and remedies otherwise available at law, the City, in its discretion, may remove the sign or cause it to be removed and place a lien against the property for the cost of such removal. C. Any sign which is of a type of sign permitted under PAMC 14.36.070, but which does not conform to the specific requirements for that type of sign, and which was legally erected before November 15, 2002, shall be classified as legal nonconforming and may remain in use. 1 H - 2 Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsectionnumbers and any references thereto. Section 3 - Severability. If any provisions of this Ordinance, or its application to anyperson or circumstances, are held invalid, the remainder of the Ordinance, or application of theprovisions of the Ordinance to other persons or circumstances, is not affected. Section 4 - Effective Date. This Ordinance,being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of October,2014. Don Di Guilio, Mayor APPROVED AS TO FORM: William E. Bloor, City Attorney ATTEST: Jennifer Veneklasen, City Clerk PUBLISHED: , 2014 By Summary 2 H - 3 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington making changes to Title 15, Chapters 15.08, 15.20, 15.28, of the Port Angeles Municipal Code relating to environment. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 2033, as amended, and Chapter 15.08 of the Port Angeles Municipal Code relating to public hearing are hereby amended by amending Sections 15.08.050, 15.08.070 and 15.08.090 to read as follows: 15.08.050 Definitions. In addition to those definitions contained within RCW 90.58.030, the following terms shall have the following meanings, unless the context indicates otherwise: re -4 A. "Council"means the City Council of the City. C—B. 'Local government"means the City. D C. "Master program"means the City of Port Angeles Shoreline Master Program and the use regulations, together with maps, charts, diagrams or other descriptive material and text; a statement of desired goals and standards developed in accordance with the policies enunciated in RCW 90.58.020 as adopted and amended by the City. E D. "The Planning Department"means the Planning Department of the City. E E. 'Public Works Department"means the Public Works Department of the City. G F. "Shorelines"means all the water areas within the City. H G. "Shorelines of statewide significance"means those shorelines described in RCW 90.58.020(2)(e)whieh that are within the City. I H. "Shorelines of the City"means the total of all shorelines and shorelines of statewide significance within the City. 1 H - 4 15.08.070 Appointed Reyiewin� Body. A. The Council shall appoints a reviewing bodv. toe Planning Commission toe chet:e,;,,o n a.,iset:y G,,,,,mittee The Appointed Reviewing Body eh shall consider applications and make decisions regarding permits, based on the policies contained under Chapter 90.58 RCW, the provisions of Chapter 173-27 and 173-22 WAC and the City of Port Angeles Shoreline Master Program, as adopted and amended by the City. The Planning G„mmissio Appointed Reviewing Body shall periodically review the Shoreline Master PProgram and make recommendations to the City Council regarding such adjustments as are necessary. B. The Planning G„mmissio Appointed Reviewing Body shall review an application for a permit based on the following: 1. The application; 2. The environmental impact statement, if one has been prepared; 3. Written comments from interested persons; 4. Information and comments from other City Departments, if applicable; 5. Independent study of the Advisory Committee and of the Planning Department; and 6. Evidence presented at the public hearing, if any, held pursuant to provisions of this chapter. The Planning G„mmissio Appointed Reviewing Body may require that an applicant furnish information in addition to the information required in the application forms prescribed. C. The Planning G„mmissio Appointed Reviewing Body shall make its decision within a reasonable time after the public hearing. D. As to shoreline conditional use permit applications, the decision of the ^dvis tzy G„mmittee Appointed Reviewing Body shall be the final decision of the City. The decision shall be subject to further review as provided by state law. 15.08.090 Public hearing. A. Public hearings on all permit applications under this chapter shall be conducted by the ^dvis tzy G„mmittee Appointed Reviewing Body. B. If, for any reason, testimony on any matter set for public hearing, or being heard, cannot be completed on the date set for such hearing, the ^dvis t:y G„mmittee Appointed 2 H - 5 Reviewing Body may, before adjournment or recess of such matters under consideration, publicly announce the time and place of the continued hearing, and no further notice is required. C. The ^a.,iset:y Committee Appointed Reviewing Body shall have the power to prescribe rules and regulations for the conduct of hearings before it. Section 2. Ordinance 2656, as amended, and Chapter 15.20.070 of the Port Angeles Municipal Code relating to development standards are hereby amended by amending Section 15.20.070(B)(6)(c)to read as follows: 15.20.070 Development standards. B. Locally unique feature Ravines, marine bluffs and beaches and associated coastal drift processes. All areas falling within the corridors identified in the following subsection are subject to the requirements of this chapter. 1. Locally unique feature corridors: The following corridors, as measured from the top of ravines, the top and toe of marine bluffs, and beaches, define areas subject to the requirements of this chapter, unless excluded by the Director of Community and Economic Development: ................................................................................... Ravines 200 feet; ................................................................................................................................................................................................................................................................................................................................................................................................................� Marine Bluffs 200 feet; I l Beaches and Associated Shoreline Management Jurisdiction. Coastal Drift Processes Should locally unique feature corridors also overlay stream corridors, the criteria of this section will be used. 2. Buffers. The following buffers of undisturbed vegetation shall be established from the top of ravines; the top and toe of marine bluffs and ravines: Ravines 25 feet .................................................................................................................................................................................................................................................................................................................................................................................................................. Marine Bluffs 50 feet Beaches and Associated Per the City's Shoreline Master Program as adopted by Coastal Drift Processes PANIC 15.08.040 3 H - 6 3. Undisturbed buffers adjoining both marine bluffs and beaches shall be sufficient to assure that natural coastal drift processes will remain unimpaired. 4. Buffer reduction. The buffer may be reduced when expert verification and environmental information demonstrate to the satisfaction of the Director of Community and Economic Development that the proposed construction method will: a. Not adversely impact the stability of ravine sidewalls and bluffs; b. Not increase erosion and mass movement potential of ravine sidewalls and bluffs; C. Use construction techniques which minimize disruption of the existing topography and vegetation; and d. Include measures to overcome any geological, soils and hydrological constraints of the site. 5. Additional buffers. The Director of Community and Economic Development may require either additional native vegetation or increased buffer sizes when environmental information indicates the necessity for additional vegetation or greater buffers in order to achieve the purposes of this chapter. In cases where additional buffers are not feasible, the Director of Community and Economic Development may require the applicant to undertake alternative on-site or off-site mitigation measures, including but not limited to a substitute fee per section 15.20.080(I)(2)(c) for projects or programs which seek to improve environmental quality within the same watershed. 6. Viewshed enhancement. In ravine and marine bluff buffers, the Director of Community and Economic Development may approve alterations in vegetation coverage for the purposes of viewshed enhancement, so long as such alterations will not: a. Increase geological hazards such as erosion potential, landslide potential, or seismic hazard potential. b. Adversely affect significant fish and wildlife habitat areas. C. Remove by thinning more than 38 25% pefeent of the live crown of a tree in anv 5 earl. d. Include felling, topping, or removal of trees. The landowner shall replace any trees that are felled or topped with new trees at a ratio of two trees for each tree felled or topped (2:1) within one year in accordance with an approved restoration plan. Tree species that are native and indigenous to the site and a minimum caliper of two inches shall be used. Section 3. Ordinance 2734, as amended, and Chapter 15.28.030 of the Port Angeles Municipal Code relating to clearing and grading permits are hereby amended by amending Section 15.28.030 (A)(7)to read as follows: 4 H - 7 15.28.030 Clearing and grading permit required. A. No person, corporation, or other legal entity shall make changes or cause changes to be made in the surface of any land by clearing, grading, filling, or drainage alteration in the City without having first obtained a valid clearing and grading permit from the City Engineer; except for those activities that are exempt as described in section 15.28.040. A clearing and grading permit is required prior to any of the following: 1. Any clearing, filling, excavation, or grading in an environmentally sensitive area, critical area, or critical area buffer. 2. Land disturbance of one acre or more. See the Urban Services Standards and Guidelines, Section 6.02.1 for sites under one acre. 3. Fill and/or excavation of 100 cubic yards or more, even if the excavated material is used as fill on the same site. [Quantities of fill and excavation are calculated separately and then added together to determine the total quantity for the site.]* *Correction made to conform with Ordinance 3367. 4. Clearing or grading that will likely penetrate the ground water table, including the construction of ponds and reservoirs. 5. An excavation which is more than five feet in depth or which creates a cut slope greater than five feet in depth or which creates a cut slope greater than five feet in height and steeper than two units horizontal in one unit vertical (2:1). 6. Any re-grading or paving on an area used for stormwater retention or detention or alteration of an existing drainage course. 7. Any proposal to et4 dev�% remove a tree or top reduce the live crown of any tree by more than e ,, 25% an in any five (5) year period that a-r-e is required to be preserved by City code, plat condition, or other requirement. Section 4. Ordinance 2734, as amended, and Chapter 15.28.110 of the Port Angeles Municipal Code relating to maintenance responsibilities are hereby amended by amending Section 15.28.110 to read as follows: 15.28.110 Maintenance responsibilities. The Permittee may be required to provide a maintenance schedule of constructed temporary private facilities shall be eilities eenstfioted and measures implemented pursuant to this chapter. The schedule shall set forth maintenance and inspection(s) to be completed, the time period for completion, and who shall perform the maintenance and inspection(s). The schedule shall be included with all required plans and permits and shall be recorded by the property owner or agent with the County Auditor so 5 H - 8 that maintenance and inspection responsibilities attach to the property and shall be the duty of the property owner(s). Section 5 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsectionnumbers and any references thereto. Section 6 - Severability. If any provisions of this Ordinance, or its application to anyperson or circumstances, are held invalid, the remainder of the Ordinance, or application of theprovisions of the Ordinance to other persons or circumstances, is not affected. Section 7 - Effective Date. This Ordinance,being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of October,2014. Don Di Guilio, Mayor APPROVED AS TO FORM: William E. Bloor, City Attorney ATTEST: Jennifer Veneklasen, City Clerk PUBLISHED: , 2014 By Summary 6 H - 9 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington making changes to Title 17, Chapters 17.01, 17.08, 17.11, 17.18, 17.19, 17.3 1, 17.44, 17.45, 17.52, and 17.95, of the Port Angeles Municipal Code relating to zoning. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 1709, as amended, and Chapter 17.01 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Section 17.01.020 (J) to read as follows: 17.01.020 Purposes of zones. J. CSD Zone. This is a commercial zone ^ °fit°a r ..;l., to t4ese bttsi less sen,ifig e daily needs of t e ottading t:esiuefitial z eves b"t is that is slightly less restrictive than the CN zone. This zone provides the basic urban land use pattern for large lot, commercial uses serving much of the City with direct access on an arterial street. less er ..°st..;,.tions Businesses in this zone may occur on sites of varying sizes and shall be located tur-4e ifit€t:6@etiefr�--o -en to satisfy tt:a fie demand n at toe bettad-at:ies of fieighbeFheeds so t4at m e than e neighbor- ee may be sen,ed on arterial streets of sufficient size and design standards to accommodate greater automobile and truck traffic. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. a€�tcstct�6 �°t�6rccHm�ivcctCS-ir p°rirtte ciiscT This zene ;a o (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 2, 2/11/1994, Ord. 2715 § 1, 10/16/1992; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 1 H - 10 Section 2. Ordinance 2652 and 1709, as amended, and Chapter 17.08 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Section 17.08 to read as follows: 17.08.010"A" C. Adult family home. A one family dwelling of a person or persons who are providing personal care, room and board to more than one W but not more than six fo adults who are not related by blood or marriage to the person or persons providing the services and who are licensed by the State of Washington pursuant to Chaptef 18.48 an Chapter 70.128 RCW and Chanter 388.76 WAC (Adult Family Home regulations). (Ord.2948 § 5(part),2/14/1997; Ord.2861 § 1 (part),3/17/1995; Ord.2652 § 1 (part),9/27/1991) N. Assisted living facility home or other institution that provides housing_ basic services_ and assumes general responsibility for the safety and well being of the residents (for seven (7) or more residents) and may also provide domiciliary care consistent with Chapter 142, laws of 2004 State as a "beaFding home" p ate Chaptef 18.20 R-GAr in Chapter 18.20.020 RCW. (Ord. 3089 § 2 (part), 6/29/2001; Ord. 3053 § 1 (part), 6/16/2000; Ord. 2948 § 5 (part), 2/14/1997; Ord.2861 § 1 (part),3/17/1995; Ord.2652 § 1 (part),9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.015 "B." A. Bed and breakfast is a single family residence located in a residential zone that contains one kitchen and shared dining area that provides lodging for guests and travelers for a period of up to 30 days serving primarily breakfast to people registered to use the facility for lodging or special events. Bed and breakfasts are outright permitted uses in 2 H - 11 all commercial zones, residential high density, and residential medium density zones but are a conditional use in residential single family zones. AB. Breezeway a roofed open-sided passageway connecting two buildings. (Ord.3390 § 1, 1/30/2010) -4C. Building, accessory. (See "accessory building or use"). (Ord. 3126 § 2 (part), 11/15/2002; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) ED. Building, detached_ A building surrounded by an unoccupied and unobstructed space which is on the same lot as the principal building and which provides for air and light from the ground to the sky. (Ord. 3126 § 2 (part), 11/15/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652_§ 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 44E. Building, principal. The major building on a lot, the building which houses the major use of the land and the structures on a zoning lot. (Ord. 3272,2/16/2007; Ord.2861 § 1 (part),3/17/1995; Ord. 2652 § 1 (part),9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) BF. Building, residential. A building arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers. (Ord. 3272,2/16/2007; Ord.2861 § 1 (part),3/17/1995; Ord. 2652 § 1 (part),9/27/1991; Ord. 1709_§ 1 (part), 12/22/1970) -FG. Building line. Front, side and rear building lines are the lines on each zoning lot that delineate the area within which construction of principal buildings is confined. (Ord. 3272,2/16/2007; Ord.2861 § 1 (part),3/17/1995; Ord. 2652 § 1 (part),9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) FAH. Business parking lot and/or structures. A commercial off-street parking lot or structure used exclusively for parking and/or storage of vehicles. (Ord.3272,2/16/2007; Ord.2652 § 1 (part),9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.020 "C" G. Conditional use permit_-a A limited permission to locate a particular use at a p,,.�etllaf s location, which limited permission is required to modify the controls stipulated by these regulations i* to such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.070(B) 3 H - 12 B. Marina. A system of piers_ buoys_ or floats that provide a centralized site for extended moorage for more than four (4) vessels for a period of 48 hours or longer. For regulatory purposes, yacht club facilities and camp or resort moorage areas would also be reviewed as marinas. Boat launch facilities and the sales of supplies and services for small commercial and/or pleasure craft users may be associated with marinas. Where such amenities are included, the marina is considered a multi-use marina. -BC. Massage_ t-- The method, art or science of treating the human body for hygienic, remedial or relaxational purposes by rubbing, stroking, kneading, tapping, rolling or manipulating the human body of another with the hands, or by any other agency or instrumentality. (Ord.3180 § 1(part), 12/17/2004) Q. Massage parlor_ a Any premises where massages are given or furnished for, or in expectation of any fee, compensation or monetary consideration, except: 1. Facilities adjunct to athletic clubs, medical facilities, hotels, motels or beauty salons; and 2. Enterprises licensed by the state and operating as approved home occupations. (Ord.3180 § 1(part), 12/17/2004) PE. Medical/dental building_ a A building or group of buildings designed for the use of physicians and dentists and others engaged professionally in such healing arts for humans as are recognized by the laws of the State of Washington. (Ord. 3180 § 1(part), 12/17/2004); Ord.2861 § 1 (part),3/17/1995; Ord. 2796 § 3,2/11/1994; Ord.2652 § 1 (part),9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) BF. Mobile home= (See the definition for trailer, house). (Ord.3180 § 1(part), 12/17/2004; Ord.2861 § 1 (part),3/17/1995) F-G. Motel_ a An establishment consisting of a group of living or sleeping accommodations with bathroom, with or without kitchen facilities, located on a single zoning lot and designed for use by transient tourists. (Ord. 3180 § 1(part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 3, 2/11/1994; Ord.2652 § 1 (part),9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) FAH. Motor freight terminal_ a A building or area in which freight brought by motor truck is assembled and/or stored for routing intrastate and interstate shipment by motor truck. (Ord. 3180 § 1(part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 3, 2/11/1994; Ord. 2652 § 1 (part),9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.08.075 "N." G. Nursing home or convalescent home_ ^ tvsidefitial f4eil ty t4at r..^.,ide 4 H - 13 lieensed by the State as a "fitxfm g heme" p .mot-testef 18.51 v C;«r Any home or residential facility licensed per 18.51 RCW that operates or maintains facilities providing convalescent or chronic care for a period in excess of 24 consecutive hours for 3 or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity, are unable to properly care for themselves. Nothing in this definition shall be construed to include any "assisted living facility". (Ord. 3180§1 (part), 1211712004; Ord. 2948§5 (part), 211411997; Ord. 2861§1 (part), 311711995; Ord. 2796§4, 211111994; Ord. 2652§1 (part), 912711991; Ord. 1709§1 (part), 1212211970) 17.08.090 "R." (OrE 3140 § 1 i.,aA) i247Q004;=3009 § 3 (�aA) ��999; QrE 2949 § 5 (�aA) \v'� °°-5��� °T��IY��i' z' � �1Y�07 2r11T4r197r• QF crz652 § 1 (pa44) 9 Q-7 1991) G F. Restoration. t The act of putting back or bringing back into a former or original state. (Ord.3180 § 1 (part), 12/17/2004; Ord.3009 § 3 (part),2/12/1999) 14 G. Right-of-way_ 1 Land acquired or dedicated for purposes of a street, highway, sidewalk, alley, avenue, other structure used for pedestrian or vehicular traffic, or easement or any combination of such uses for which the City has regulatory authority. (Ord.3272,2/16/2007) I.H. Roof. -a A structure covering any portion of a building or structure, including the projections beyond the walls or supports. (Ord. 3180 § 1 (part), 12/17/2004; Ord. 3009 § 3 (part), 2/12/1999; Ord. 2948 § 5 (part),2/14/1997; Ord.2652 § 1 (part),9/27/1991; Ord. 1709 § 1 (part), 12/22/1970) Section 3. Ordinance 1709, as amended, and Chapter 17.11 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Section 17.11 to read as follows: 17.11.030 Accessory uses. A. Garages and carports. B. Non-commercial gGreenhouses, gazebos, storage sheds, and similar accessory structures. C. Non-commercial animal husbandry provided that: 5 H - 14 I. Hoofed animals are housed no closer that 100 feet from any property line. 2. A minimum of one acre per hoofed animal is maintained. 3. A minimum five-foot high fence is installed on property lines. 4. Other animals are housed no closer than 25 feet from any property line. D Private horse stables,provided that: 1. Stables are constructed no closer than 100 feet from any property line. 2. A minimum area of one acre per horse is maintained. 3. A minimum five-foot high fence is installed on property lines. E. Private television satellite reception dishes. F Swimming pools and cabanas. G. Other accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter. (Ord. 3053 § 2 6/16/2000; Ord. 2921 § 4, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 2 (part),3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 17.11.040 Conditional uses. A. Accessory residential units. B. Agricultural nurseries and greenhouses. C. Art galleries and museums. D. Assisted living facility. E. Churches. F. Communications transmission buildings and structures; e.g., radio tower. G. Child day-care centers and pre-schools. H. Duplexes on lots gar not less than 14,000 square feet in area ner Table A. L Group homes and hospices. J. Libraries. K. Nursing and convalescent homes. L. Public parks and recreation facilities. M. Public utility structures. N. Public and private schools. O. Radio and television stations,provided that antenna is on site. P. Residential eat:e f,,eilit;os Q. Other uses compatible with the intent of this chapter. (Ord. No. 3478, § 8, 5-21-2013; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 5, 9/27/1991; Ord. 2636 § 3, 5/15/1991; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970) 6 H - 15 Section 4. Ordinance 2038, as amended, and Chapter 17.19 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Section 17.19.140 to read as follows: 17.19.140 Final approval of Planned Residential Development (PRD). Application for final approval of a PRD that involves subdivision of the underlying property shall be submitted within five years of preliminary PRD approval. An application for final review of a PRD that does not involve a subdivision of the underlying property shall be submitted within ene two 2 years of the preliminary development plan approval; provided that for phased PRD's, each phase shall have an additional one-year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one-year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the Planning Commission and City Council, and the application for final approval must be made by the owners of the entire site. The application shall include the following: A. A title report showing record ownership of the parcel or parcels upon which the PRD is to be developed. B. Adequate assurance for the retention and continued maintenance of common open space, recreation facilities, and recreation structures. If development is to be done in phases, each phase must meet the requirements of this section. C. Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet the requirement of this section. D. Final development plans that shall be in compliance with the approved preliminary development plans. E. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.04 and 16.08 PANIC. F. Development schedule. G. Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City. H. Covenants, conditions and restrictions and/or homeowners' association agreement. (Ord.No. 3441, § 7, 11-15-2011; Ord. 3272,2/16/2007; Ord. 2919, 6/14/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord.2657 § 1 (part), 12/13/1991; Ord.2038 § 1 (part),7/29/1979) Section 5. Ordinance 3180, as amended, and Chapter 17.31 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Section 17.31.180 to read as follows: 7 H - 16 17.31.180 Final approval of planned industrial development. Application for final approval of a 41+e PID shall be submitted within ene two 2 years of 41+e preliminary development plan approval; provided that for phased PID's each phase shall have an additional one-year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one-year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the City Council, and the application for final approval must be made by the owners of the entire site. The application shall include the following: A. A title report showing record ownership of the parcel or parcels upon which the PID is developed. B. Guarantee ensuring the retention and continued maintenance of common open space, recreation facilities, environmentally sensitive areas, stormwater management structures and facilities, and recreation structures. If development is to be done in phases, each phase must meet the requirements of this section. C. Final development plans, that shall be in compliance with the approved preliminary development plans. D. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.04 and 16.08 PANIC E. Development schedule for future phases. F. Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City. (Ord.3272,2/16/2007; Ord.3180 § 1 (part), 12/17/2004) Section 6. Ordinance 3293, as amended, and Chapter 17.44 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Section 17.44.240 to read as follows: 17.44.240 Final approval of PLID. Application for final approval of a*e PLID shall be submitted to City Council within efle two 2 years of the preliminary development plan approval; provided that for phased PLID's each phase shall have an additional one- W year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one LI) or more one- W year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the Planning Commission and City Council. The application for final approval must be made by the owners of the entire site and shall include the following: A. A title report showing record ownership of the parcel or parcels upon which the PLID is to be developed. 8 H - 17 B. Adequate assurance for the retention and continued maintenance of stormwater management facilities, common open space, recreation facilities, and recreation structures. If development is to be done in phases, each phase must meet this requirement. C. Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet this requirement. D. Final development plans that shall be in compliance with the approved preliminary development plans. E. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.08 PANIC. F. Development schedule. G. If bonding is proposed, the bond or other form of security acceptable to the City in an amount equal to 150 percent of the approved engineering estimate for the required improvements to complete the project or submitted phase, as required by the City. H. Covenants, conditions and restrictions and/or homeowners' association agreement. L Mailing labels of property owners within 300 feet of the proposed project pursuant to section 17.96.140 PANIC. (Ord.3293, 8/31/2007) Section 7. Ordinance 3294, as amended, and Chapter 17.45 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Section 17.45.140 to read as follows: 17.45.140 Final approval of Infill Overlay Zone(IOZ). Application for final approval of the IOZ shall be submitted to City Council within ene two Q years of*e preliminary development plan approval; provided that for phased IOZ's each phase shall have an additional one-year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one-year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the City Council, and the application for final approval must be made by the owners of the entire site. The application shall include the following: A. A title report showing record ownership of the parcel or parcels upon which the IOZ is to be developed. B. Adequate assurance for the retention and continued maintenance of common open space, and onsite facilities. If development is to be done in phases, each phase must be identified and meet the requirements of this section. 9 H - 18 C. Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet the requirement of this section. D. Final development plans that shall be in compliance with the approved preliminary development plans. E. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.04 and 16.08 PANIC. F. Development and phasing schedule. G. Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City. H. Covenants, conditions, and restrictions and/or homeowners' association agreement. Section 8. Ordinance 3089, as amended, and Chapter 17.52 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Section 17.52 to read as follows: 17.52.070 Modification of existing towers. A. A tower existing prior to the effective date of this ordinance, which was in compliance with the City's zoning regulations immediately prior to the effective date of this ordinance, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified et: a ebttilt v, 4 17.52.040, 52.075 and i 7 52 080 PAW;,ram provided that: 1. The tower is being modified ^r demolished an r-eb t for the sole purpose of accommodating, within six f6) months of the completion of the modification , additional telecommunications facilities comparable in size to the discrete operating telecommunications facilities of any person currently installed on the tower and with a surface area not to exceed the previous facilities . 2. An application for a development permit is made to the Department of Community and Economic Development which shall have the authority to issue a development permit without further approval. The grant of a development permit pursuant to this section allowing the modification or demolition and rebuild of an existing nonconforming tower shall not be considered a determination that the modified or demolished and rebuilt tower is conforming. 3. The height of the modified tower and telecommunications facilities attached thereto does not exceed the existing height of the tower and facilities as of the date of this ordinance or as hereafter amended, whichever is higher. 10 H - 19 B. Except as provided in this section, a nonconforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than 180 days without being brought into compliance with this chapter. This chapter shall not be interpreted to legalize any structure or use existing at the time this ordinance is adopted which structure or use is in violation of the Zoning Code prior to enactment of this ordinance. (Ord.3089 § 1 (part), 6/29/2001) Section 9. Ordinance 1709, as amended, and Chapter 17.95 of the Port Angeles Municipal Code relating to zoning are hereby amended by amending Section 17.95.040 to read as follows: 17.95.040 Yards to be enclosed within a solid fence. A. Every wrecking, salvage, junk, *1+d used lumber yards, equipment and material storage yards, ttetio" hettse", of see6"a hand tefes tncir-c"crccf t4e-effeeti date of t4ese Fe „,„tiefis o s*s as a rf..., ifig , e shall in t4e i tefest of r4 lie ty, ,; 4if six mef4s artef t e same beeemes a fiefieefifefming-we—, be completely enclosed within a building or within a continuous solid fence no less than six feet in height or to a greater height if such height is needed to screen completely all the operations of such yards. The plans of sacred ttildifig-of e�6e-nee have fifst been appfeved by t4e Planning Commission, and said bttildifig of fe-flee shall be maintained B.Nev�, tses h llml be s tbjeett ,a of t e Planning (-',,,,,,, fission and G. Noise abatement is to be efife fee f,,,,, 6:00 p.m. to 7:00 , B ifig of DB. Attetio hettses and sm Salvage and building material 1,,, bef and ttsed paFts establishments shall contain all items for display or sale within a structure or behind a sight-obscuring fence not less than six fO feet in height. No part of any required front, side or rear yard setbacks shall be used for the sale or display of any said items. (Ord.3272,2/16/2007; Ord.2668 § 11 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) Section 10 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsectionnumbers and any references thereto. 11 H - 20 Section 11 - Severability. If any provisions of this Ordinance, or its application to anyperson or circumstances, are held invalid, the remainder of the Ordinance, or application of theprovisions of the Ordinance to other persons or circumstances, is not affected. Section 12 -Effective Date. This Ordinance,being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of October,2014. Don Di Guilio, Mayor APPROVED AS TO FORM: William E. Bloor, City Attorney ATTEST: Jennifer Veneklasen, City Clerk PUBLISHED: , 2014 By Summary 12 H - 21 • QRT NGELES ................ ,`— W A S H I N G T O N, U. S. A. � DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT TO: Planning Commission FROM: Sue Roberds, Planning Manager DATE: September 24, 2014 RE: Minor Municipal Code Amendments—MCA 14-02 14 (Buildings), 15 (Environment), and 17 (Zoning) PAMC APPLICANT: City of Port Angeles RECOMMENDATION: Staff recommends that the Planning Commission forward a recommendation of approval to the City Council. BACKGROUND: Staff makes an effort to regularly note areas of the Port Angeles Municipal Code (PAMC) and other development ordinances that may need clarification due to inconsistencies, a change in overriding regulations, or are seen to be confusing to the general user. When issues are noted that require clarification to the general public, or when staff becomes aware that regulations are no longer current and/or conflict with other regulatory wording, amendments are proposed such that the City's operating ordinances are correct, up to date, and written as clearly as is possible. The proposed amendments are then reviewed by the Planning Commission at a public hearing with a recommendation forwarded to the City Council for action per 17.96.100 PAMC. The current amendments are intended to provide clarity, correct errors, and result in greater efficiencies and consistency of application. The proposed changes affect Titles 14 (Buildings), 15 (Environment) and 17 (Zoning) of the PAMC. The proposed amendments (shown by strikeouts) and proposed changes (shown by underlining) are described herein with an explanation of the adjustments outlined in this memorandum. Staff is prepared to discuss the proposed amendments at the September 24, 2014 regular meeting. DEPARTMENT COMMENTS: City Departments that proposed, reviewed, and commented on the proposed amendments include the Public Works and Utilities and Community& Economic Development Department, Planning and Building Divisions. H - 22 Municipal Code Amendments MCA 14-01 Page 2 PUBLIC COMMENT; Notice of the proposed amendments was published in the Peninsula Daily News on September 5, 2014, and was posted on the main library bulletin board, the Clallam County Courthouse bulletin board, and in the main lobby of City Hall on September 8, 2014. No comments, written or otherwise were received during the public notification period that ended following the public hearing. PROPOSED MUNICIPAL CODE AMENDMENTS SECTION 15 - ENVIRONMENT 15.08.050 Definitions In addition to those definitions contained within RCW 90.58.030, the following terms shall have the following meanings, unless the context indicates otherwise: A. "Appointed Reviewing Body" shall be designated by the City Council. 15.08.070 Shoreline ^dvis^,:,r^r,.miftee/Pl nning r^ri,miss;^r Appointed Reviewing Body A. The Council shall appoints a Reviewing Body the Planning Commission th She-eline Advisor-5,Committee, which shall consider applications and make decisions regarding permits, based on the policies contained under Chapter 90.58 RCW, the provisions of Chapter 173-27 and 173-22 WAC and the City of Port Angeles Shoreline Master Program, as adopted and amended by the City. 15.08.090 (Shoreline Management) Public hearing A. Public hearings on all permit applications under this chapter shall be conducted by the i - ,� llu�E.;_Appointed Reviewing Body. B. If, for any reason, testimony on any matter set for public hearing, or being heard, cannot be completed on the date set for such hearing, the A(]-\4sor-y Coauyii44ile Appointed Reviewing Body may, before adjournment or recess of such matters under consideration, publicly announce the time and place of the continued hearing, and no further notice is required. C. The r dv-n orn Appointed Reviewing B9dy shall have the power to prescribe rules and regulations for the conduct of hearings before it. Tli,e tertnAniok)gy "Advisory Connnitt e"' is n((.) ion cr correct. 'HiC CUrrent ��iorc ine Master illogn ar n re[' rcnc s,, ::tn " pp oijited Revie rirng Blolly ", H - 23 Municipal Code Amendments MCA 14-01 Page 3 15.20.070(B)(6)(c) (Development Standards—Locally Unique Features) Viewshed enhancement In ravine and marine bluff buffers, the Director of Community and Economic Development may approve alterations in vegetation coverage for the purposes of viewshed enhancement, so long as such alterations will not: C. Remove by thinning more than '.")O 25% pvwen t of the live crown of a tree in any 5 year This Change k to coincide with Section 15.2U'W(A)(7), fluit is intended to all(.m fbl� a time between such a.ctioias 16r vegetation gyro"4h. recovery, 15.28.030(A)(7) (Clearing and grading permit required) 7. Any proposal to e444h+wii remove a tree or top reduce the live crown of any t e r-e by - more than one-quarter25% of any tree(s) that are required to be preserved by City code, plat condition, or other requirement. See 15020,070(B)(6)(c) PAMCabo\e. Theamendnient will aiake both regiflations dcaling with the reinowd ofvegellaflon cor)sistent, 259/o is pret'en.fli)le and co ncides with industry standards, 15.28.110 The Pennittee may be required to provide a maintenance schedule of constructed temporary private facilities sh-a H.-be.&-veh-q)ed liar It'Eil and measures implemented pursuant to this chapter. The schedule shall set forth maintenance and inspection(s) to be completed, the time period for completion, and who shall perform the maintenance and inspection(s). The schedule shall be included with all required plans and permits and shall be recorded by the property owner or agent with the County Auditor so that maintenance and inspection responsibilities attach to the property and shall be the duty of the property owner(s). Ft w% olr.'Qiirpg. iti, as<ward, SECTION 17 - ZONING Section 17.01.020 Purpose of zones CSD - This is a commercial zone oi4ioods hut-that is slightly less restrictive than the CN zone. This zone provides the basic urban land use pattern for large lot, commercial uses serving much of the City with direct access on an arterial street. -i.H d as Businesses in this zone may occur on sites of varying sizes and shall be located at the intersections of to at ne4t4d.-'ovhood imoy( he-';erw.d arterial streets of suffiment size and c Le,,�,Yn standards to accommodate greater automobile and truck traffic. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed.- 1-6 H - 24 Municipal Code Amendments MCA l4-Oi Page HaL CSD does not provide, a transit�on a,re�� fi,oin I'he most reshicfive connnercial area. "I'lle Flrst/11"ront Strects along I incoln to 8'�' Sheet, 1,110 proposal to rernove "'Service stations with ..." does no[ preckxle such uses, Since other pen-nittCd LISCS are not fisted in the definition, the Section l7.O8.020 ^^C" G. {},muidvmz/use permit u limited permission to locate aparticular use at u par4eulaf location and-which limited permission is required tn modify the controls stipulated by | these regulations-in 1m Such degree as to assure that the particular use shall not prove detrimental to surrounding properties, mhu]l not be in conflict with the Comprehensive Plan, and Sho]/ not be contrary to the ub[i interest. tt wd� be helpfUJ to define a conditional use pen-nit 'UP) in this scctiori for clarity as is shown in Ow 16-7 zone and Tal-)te A of'the Zoning Ordirikmc.e, The wordinga,djustmcr�ts are Section I7.08.Al0 ^^A" C. Adult family home -8 one family dwelling 0f8 person o[ persons who are providing | personal care, room and board to more than one Labut not more than six&Ladults who are not related by blood or marriage to the person or persons providing the services and who are licensed by the State Of Washington pursuant tO Chapter 7O.128.130RCVV | gEd Chapter 388.76 WAC (Adult Family HVDl8 F8gU|8tiOOS). f'liis correction .i,,s per ,,,� cii,,tng ations (Rdy 1, 2000) Chapter 388-78A WAC, ge in State regul, N. Assisted living ya . provide dom�.�cjlliary care consistent with Chaoter 142 laws of 2004#4aWGvk�, do4;qiGk�y sep4Ges or more Chapter 18.20.020 RQW. "Boarding hoines" is no kmger tenrdnology that iS IOUnd in State law, Such activities are now referrcd to as "assisled fiving fiacilides" (,July 1, 2000) per Chapter 388-78A WAk"', The definition section is heing arnerided accorditqjy, Section 17.08.015 "B^ ' RH order subsequent numbers B-H following adding the new definition. A. "Bed and breakfast"is a sirmle familv residence located in a residential zone that contains one kitchen and shared diniDlg_g�����E_a�ests and travelers for a _primaril j_ H ~ 25 Municipal Code Amendments MCA 14-01 Page 5 for lodging o r s pecial events. Bed and breakfasts are outright permitted uses in all commercial zones, residential high density, tired residertial mediurn density zones but are a conditional use in residential single farnilv zones. Motels and other hosj..)ftafity uses are defincxl in the Defirkions section bUt not Bed and Break.Tast uses, This is sirnply for ease of refe.rence and provides the def-initioir lbund in the Befl and Breakfi,.ist ,,section ofthe Code. Section 17.08.075 "N" G. Nursing home or convalescent home-qnj home, place or institution licensed ep r 18.51 R which operates or maintains facilities providin convalescent or chronic care For a period in excess of 24 consecutive hours for 3 or more patients not related by blood or marriage to the operator, who b reason of illness or infirrr�ikare unable to properly care for themselves . Nothing in this definition shall be construed to include any "assisted livinq facilitv". a4e-s� nt+� l f ik 4y-that -re,AA i, ��— +- + Ades --hre —, G—E, — fl;-FC�, P-e�- tG OF ;Rf;FFR i fer theme eWe-s-aPA4hat4s-liGeRsed by the State as I"his is to align willi State charige (Rfly, 2000) in licensing re.LJUwrernents fior tlais type Of LISC. Add new definition 17.08.0'70(B) Marina -­Refers to a system f piers,_buoys, or floats to provide a centralized site for extended mooracie for more than four(4) vessels for a period of 48 hours oL longer._For_[egglafore purposes, yacht club facilities and camp or resort moorage areas would also be reviewed as marinas. Boat launch facilities and the sales of supplies and services for small commercial and/or craft .users may be associated with marinas. Where such amenities are Included, the marina is considered a multi-use marina. .f hi deffilitiort js ftom the Cfly's new Shoreflne Master Prograili. A definihon of"marinas" is not cmntained in the Zoning , Code, at present, only h-ii the fihorefincr Master, Pi-ograrn, Delete Section 17.08.090 R (and delete from zones where such use is currently listed)F—. -di ne, t4ap Fequ*--, ,---State--as-a-LB d+Rg-44e 1'I i S i s I O o I o nge r a use d e fi i i ed in. fit.,W 18.20t 'I'll r", t YI-)C 0f k S('" i S r I()W r.e feNT(XI to as "Assi�,ted living f'CR;ifity°" H - 26 Municipal Code Amendments MCA 14-01 Page 6 17.11.0 v0 Accessory apses. A. Garages and carports. B. Noncom rrerciAl t;Greenhouses, gazebos, storage sheds, and similar accessory structures. C. Noncommercial animal husbandry provided that: 1. Hoofed animals are housed no closer than 100 feet from any property line. 2. A minimum of one acre per hoofed animal is maintained. 3. A minimum five-foot high fence is installed on property lines. 4. Other animals are housed no closer than 25 feet from any property line. D. Noncommercial private horse stables, provided that: 1. Stables are constructed no closer than 100 feet from any property line. 2. A minimum area of one acre per horse is maintained. 3. A minimum five-foot high fence is installed on property lines. E. Private television satellite reception dishes. F. Swimming pools and cabanas. G. Other accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter. It is tt"rrportra,nt t:4"9 note that these types OF USCr ro are f.9lIldrwecl %a,`ai accessory, aild therefore a`icce rs a'r;ily llb4r4r':.d to bt,. of a resi(lentaa l ti at,. 'e rather t:hqn a cor')arY)erci fl ac e. Accessory u.ses ry. det'nftb.o n in st: be su.boraiin,,.a e to pertr-6tted uses, X17.1"1.040 Conditional uses. (1x5°-9) A. Accessory residential units. B. Agricultural nurseries and greenhouses. C. Art galleries and museums. D. Assisted living facility. E. Churches. F. Communications transmission buildings and structures; e.g., radio tower. G. Child day-care centers and pre-schools. H. Duplexes on lots not less than 14 000 sq.ft. in area per Table A. I. Group homes and hospices. J. Libraries. K. Nursing and convalescent homes. L. Public parks and recreation facilities. M. Public utility structures. N. Public and private schools. O. Radio and television stations, provided that antenna is on site. Q. Other uses compatible with the intent of this chapter. H - 27 Municipal Code Amendments MCA 14-01 Page 7 This wording comes from Table A of Title 17 that is the very back page of the zoning regulations. It would be helpful and more consistent to have the information in this more accessible location as is provided in the RS-7 zone for duplex uses. The wording in item"P" is no longer valid as is explained earlier in this memorandum. Subsequent sections will be re alphabetized. 1.7.1.8.020 Definitions. (B&B Chapter) A "Bed and breakfast"is a single family residence located in a residential zone, containing one kitchen and shared dining area, providing lodging for guests and travelers for a period of up to 30 days and serving primarily breakfast only to people registered to use the facility for lodging or special events tiruat regti irc just: Hie words ag is a urbnu°.;c.essarr°y and the linked ru,,ii~rcrrce is ifICOM-ct, REGARDING ALL OVERLAY ZONES: In Macy, 2014, the (.,ity adopted aa,new overlay zone (Mixcr::i. ("or.nincrciaai Overlay erlaay P t:O), During that review.,, it was detnri-nina:d that tlrru trrnec iracs for suuirr"raittrals of iru-ciirninaary and final flans fors sa.ucl° pia.°va.alopraacnt should be 2 years rather khafl i yea,n It was ry eter•rra.itaed tiaaat: ar;�ristrrrg overlay zones sliou,rlr.i be revised sirnd.afly. The'sra (Jo that, 17.45.140 Final approval of Infill Overlay Zone (IOZ). Application for final approval of the IOZ shall be submitted to the City Council within oiiie...-2 years of tree-preliminary development plan approval; provided that for phased IOZ's each phase shall have an additional one (1) year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one(1) year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the City Council, and the application for final approval must be made by the owners of the entire site. 17.31.180 Final approval of Planned Industrial Development (PID). Application for final approval of a4.4ii;�PID shall be submitted within sraie,..2 twc?jyears of t (-7-preliminary development plan approval; provided that for phased PIDs each phase shall have an additional one (1) year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one (1) year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the City Council, and the application for final approval must be made by the owners of the entire site. 17.44.240 Final approval of Planned Low Impact Development (PLID). Application for final approval of a:the-PLID shall be submitted to City Council within rains,&-two (2) years of Nie-preliminary development plan approval; provided that for phased PLIDs each phase shall have an additional one(jj_year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one or H - 28 Municipal Code Amendments MCA 14-01 Page 8 more one(jj year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the Planning Commission and City Council. 17.19.140 Final approval of Planned Residential Development (PRD). Application for final approval of a PRD that involves subdivision of the underlying property shall be submitted within five (5) years of preliminary approval. An application for final review of a PRD that does not involve a subdivision of the underlying property shall be submitted within two 2 u»w-years of preliminary development plan approval; provided that for phased PRDs, each phase shall have an additional one (1) year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one(1) year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the Planning Commission and City Council, and the application for final approval must be made by the owners of the entire site. 17.52.070 Modification of existing towers. (Cell Towers) A. A tower existing prior to the effective date of this ordinance, which was in compliance with the City's zoning regulations immediately prior to the effective date of this ordinance, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified o ea-nlplyi-n with -Seetiofls "i, -.ieO,r` i" ; G --,provided that: 1. The tower is being modified or rebuilt for the sole purpose of accommodating, within six months of the completion of the modification or rebuild, additional telecommunications facilities. ,,i.k runts d exemption sectioris deal witlu �;;�Q�n°b�.�a>p�/�.����"�� � re(p,�ire ricnts (Section 17.52,040), 2,040), ib'isll ec.t o ns ( ectioru � T. '2,075), grid rnainten,:aicc (Section N 7.>7.080), all of w[v k:h are u�nport.arit in rea.°onstrurtqn..,, a tower, even ifflie iocatio i were to rern4r.in rum,,,ha�nged, The anieer'rti'rne'ru.t does not restrict, an e'rtr stri.rg �ri4cafion from being retai icd or a tower reb�,til't, as is, the intur8t o thts section, but, it regi.dre"s obsen/rrr'ce of rrrrpdirtant aspects of tower"deveieri"rY'r)ent and r"r"ra6]-It;Cflfflrer ;vUC i as itlsiieetiori.s and separation/buffer 8"4:"quirrrr'ne°r9t;;ws. 2. An application for a development permit is made to the Department of Community and Economic Development which shall have the authority to issue a development permit without further approval. The grant of a development permit pursuant to this section allowing the modification or rebuild of an existing nonconforming tower shall not be considered a determination that the modified or demolished and rebuilt tower is conforming. 3. The height of the modified or rebuilt tower and telecommunications facilities attached thereto does not exceed the existing height of the tower and facilities as of the date of this ordinance or as hereafter amended, whichever is higher. The surface area will not exceed that of the previous facilities. B. Except as provided in this section, a nonconforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than 180 days without being brought into compliance with this chapter. This chapter H - 29 Municipal Code Amendments MCA 14-01 Page 9 shall not be interpreted to legalize any structure or use existing at the time this ordinance is adopted which structure or use is in violation of the Zoning Code prior to enactment of this ordinance. The noted e,xeniption se(,1ions ()a al nA�ith separation/butTLr requirerrients (Sccflon 17,52,)f40), insr)cctioris (Suxtion 17,52,075), and maintenance (Section 17.52.080), all of` lnich are iinportant 'on recon st ructi rig as tower even if the pocation were to reniain unchariged, The arnen&nent does riot rcstric.t an existing loc u.tion frorn beirig retained or rebuilt, but it requires obscrvanCC ofifnportant aspects oftower develoinnent and rrianiterlance, 17.95.040 Yards to be enclosed within a solid fence, A. Every wrecking, salvage,junk, and used lumber yards, equipment and material storage yards—, dtK- ' �)t )-r--seeond hand. s+1ofe544+&t—, a#eF4he Fegbilations,t*i4&-a-s-a shall i*t tefest-&4i44e SIX fflo*41+44-ef the s,�ter w­bee&i-r n n Abe completely enclosed within a4n4kl4vg-�r-a continuous solid fence no less than six (6) feet in height ­a-greater 4,,.—T4w, B. N—vv- s -i�&9-4e C. No-4;e-abat emel-.11-is 1(+be p-,mr to 7,00 n-'­ it-e*ns.()il-dw bi ted, D. Ae4i+m+4,i(+u-,,�c-�nd--Ssalvage and building; inaterial establishments shall contain all items for display or sale within a structure or behind a sight-obscuring fence not less than six Jbifeet in height. No part of any required front, side or rear yard setbacks shall be used for the sale or display of any said items. The section addl'CSSC-r',' feflGillt" f6f' Uscs that couk fliave beconie, noncoriforfning ul)ori as of'otion offlic ne v Zoning Code in l 97L The, CUUCI)t COC➢C wording rtxjuires and )Unk yards lo be by u:)n(..fitiona1 use peninit (Sec6on l 7,35), during which review thc,, Plai'ming (.'onnnission NVOUld fiWy reLluirc, fencing so the need to dupheate that word ng in scction is till lleces,�-;a ry and imficates a Separate, review by the Nanning Co�mnis,,,Jon. "AUC6011 11OUSCS" is riot (Jiscussed c"lsewhere h-i Code and ins far as we know, there aren't any Wch uses in the City. henna (C) is outdated, as Current noise starl(fi,u-ds contained thl'()UtIhOW 11W, MUlliCip,'ol Code are 10 I'M to 7 W This is the wrong section IO• thin t d-INCINSioll as it deLds rN/ith yards and 1encing reqUilcli'lefflis, 14.36.090 Removal of prohibited and nonconforming signs. B. Signs advertising a business no longer operating must be removed upon closure of the business. Signs advertising a product no longer being sold on the premises must be removed upon cessation of the sale of the product. A free-standing sj i support structure _gL ru H - 30 Municipal Code Amendments MCA 14-01 Page 10 that supported �g a sign that advertised a business no longer functicclm shall be removed within 365 days of closure of the business if a legal use for the sup t structure is not,conducted within that ti�tx�e letiod. An extension of this time period may be requested by appeal to the Community and Economic Development Director. Such extension shall only be considered for conforming sign structures when use of the structure is imminent and/or retention is deemed to be valuable to the integrity of the site. An extensi t straletures or those that have fallen into disre _Failure to remove a sign or freestanding support as required by this section is a violation of this chapter. In the event of such violation, the City shall have all rights and remedies available at law. In addition, and not in limitation of its rights and remedies otherwise available at law, the City, in its discretion, may remove the sign or cause it to be removed and place a lien against the property for the cost of such removal. COMPREHENSIVE PLAN As the Zoning regulations were developed consistent with Comprehensive Plan goals and policies, and the proposed minor amendments are intended to clarify, correct, and make more accessible existing information contained within the City's Port Angeles Municipal Code, the current amendments remain consistent with the Comprehensive Plan. STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW: A Determination of NonSignificance was issued for this proposed action on September 24, 2014 per WAC 197-11-340. This satisfies the City's responsibility under the State Environmental Policy Act(SEPA). T:\MCA\2014\HOUSEKEEPING 2014\STAFF REPORT100714 CITY COUNCIL.DOC H - 31 FORT NGELES, W A S H I N G T O N, U. S. A. °°°.°.5"""""""""""""'r CITY COUNCIL MEMO DATE: October 21, 2014 TO: CITY COUNCIL FROM: DAN MCKEEN,CITY MANAGER CRAIG FULTON,P.E,DIRECTOR OF PUBLIC WORKS&UTILITIES WILLIAM E.BLOOR,CITY ATTORNEY SUBJECT: Results of Mueller Systems, LLC/COPA AMI Contract Settlement Negotiations Summary: On July 28 — 30, and again on October 13 and 14, legal and technical representatives of the City and Mueller Systems, LLC met in Seattle to negotiate a settlement of the Advanced Metering Infrastructure system contract. A proposed settlement agreement was developed. Recommendation: Approve the attached settlement agreement, authorize the City Manager to sign the agreement on behalf of the City, and authorize the City Manager to approve such other arrangements, preparations and measures as he finds necessary to implement the terms of the settlement agreement. Background to the Settlement Negotiations: Mueller Systems, LLC and the City entered into an agreement entitled Advanced Metering Infrastructure (AMI) System Agreement on December 21, 2010 and a First Amendment dated February 23, 2012, collectively referred to herein as the"AMI Agreement". Unfortunately, the Project did not proceed as anticipated, and on January 16, 2014, the City sent a formal notice to Mueller Systems, LLC alleging that it was in default under the AMI Agreement. On February 24, 2014, Mueller Systems, LLC responded alleging that the City was in default under the AMI Agreement. Thereafter, the City Council granted Mueller Systems, LLC the opportunity to formulate a feasibility plan for the completion of the AMI project. The City retained West Monroe Partners (WMP) to monitor progress toward completing the project. During that time, the parties recognized that mutual benefits could be achieved if they could agree to end the AMI project. J - 1 To explore that idea, on June 5 of this year, the City and Mueller Systems, LLC entered into a Standstill Agreement. The term of the Agreement was 60 working days, and the purpose of the Agreement was to afford the parties an opportunity to attempt to negotiate a mutually agreed upon resolution to all outstanding issues between the parties. Each party had substantive claims against the other, and after the Standstill Agreement was signed, they spent the first few weeks exchanging information about those claims. Then, on July 28-30, the parties commenced face-to-face negotiations. Each party put forward its case, and supported its case with citations to law and facts. They devoted two days to analyzing and debating the legal and technical issues. In the end, they both recognized that a negotiated resolution of their issues and discontinuation of the AMI Project was best for both. Both had conditions that must be satisfied by a negotiated settlement. Each party recognized the goals of the other, and on the third day, they managed to develop an initial framework for a settlement. In the following weeks, the parties continued to analyze and refine the feasibility and adequacy of the settlement framework. On October 13 and 14, the City and Mueller Systems, LLC met again to negotiate a final, detailed agreement, and that meeting produced the attached Settlement Agreement. The Agreement Represented a Compromise of Disputed Claims: It is important to understand this Agreement constitutes a compromise of disputed claims. That means neither party received fully and exactly what it initially sought. It also means the dollar amounts in the Agreement were not obtained with mathematical precision. Although many individual factors were considered in reaching a proposed final Agreement, the Agreement itself is the product of some concessions and some trade-offs. The following factors were taken into account in achieving the final agreement. They include, but were not limited to: • Amount of money the City claimed due from Mueller Systems, LLC • Amount of money Mueller Systems, LLC claimed due from the City • Amount of money the City paid to Mueller Systems, LLC • New and used meters returned to Mueller Systems, LLC • Equipment retained for benefit of the City • Radios removed from retained water meters and returned to Mueller Systems, LLC • Amounts paid to WMP • Warehouse rental • Contract retainage • The costs of an alternative to settlement. That is, the costs of litigation. Key elements of the Negotiated Settlement: • All issues arising out of the 2010 AMI contract have been resolved. All claims under the contract are waived, and neither party has any further obligations under the contract. • The City retains all moneys not paid to Mueller Systems, LLC as of this date and is entitled to seek a refund of sales taxes paid on equipment returned to Mueller Systems, LLC. • Mueller Systems, LLC agrees to provide the City with the equivalent of $1,827,670 in cash, equipment, and credits as follows: o In-Place Settlement Amount of$565,596; J - 2 • Electric Meter Settlement Amount of$759,891; and • Water Meter Settlement Amount of$502,183. • For the In-Place value, the City will retain equipment worth $565,596 that Mueller Systems, LLC installed. o Strict adherence to the contract terms would require that all equipment would be removed and returned to Mueller Systems, LLC. This is a deviation from those terms. Some equipment installed by Mueller Systems, LLC has value and can still be used by the City. It would be wasteful to remove that equipment, return it to Mueller Systems, LLC, leaving the City then to repurchase similar equipment and reinstall it. The majority of these items are residential water meters that have already been installed. Those meters already installed will remain in place, but have the radios removed. The value of the radios will be credited to the City. • For the electric settlement portion, all electric meters, both installed and in warehouses, will be returned to Mueller Systems, LLC for reimbursement. • To satisfy the reimbursement, Mueller Systems, LLC will reimburse the City the amount of $327,706, which will be used by the City to continue its meter modernization program. • Additionally, Mueller Systems, LLC will reimburse the City in the amount of $432,185 in the following manner: • Over the next five years, the City will return approximately 2139 currently installed electric meters to Mueller Systems, LLC. Upon return of all the meters, the City of Port Angeles will receive a reimbursement of $432,185. • The City will use this money to purchase its requirements of electric meters. • The City will order the types and styles of meters it desires. • For the water settlement portion, all water meters in warehouses will be returned to Mueller Systems, LLC for credit as follows: • Over the next five years, the City will order at least 4,500 residential water meters and all of the City's requirements for commercial water meters from Mueller Systems, LLC. (These are required to accomplish the original purpose of replacing all outdated meters in the City.) • The City will order the types and styles of meters it desires. • The settlement account will be used to purchase the meters. • If any money remains in the settlement account after meter procurements, it will be returned to the City. Analysis of the Settlement Agreement: Financial: • Total paid to Mueller Systems, LLC = $1,697,747 • Total paid to WMP as of date of negotiating framework settlement with Mueller Systems, LLC = $130,080 J - 3 Goals achieved: • Ends the AMI project • Recoups money the City paid to Mueller Systems, LLC • Allows the City to continue its program to replace older inaccurate meters • Money allocated to the AMI project, but not spent, plus the money received back from Mueller Systems, LLC can be redirected by the City Council for beneficial purposes, possibly including, but not limited to, reducing the amount of future utility rate increases. • Avoids litigation • Uncertain outcome • Significant time requirement of City staff, taking them away from other City matters • Avoids significant litigation costs the City would incur • Resolution through litigation would likely requires two to three years Summary: For the benefits outlined above, staff recommends that City Council approve the attached Settlement Agreement, authorize the City Manager to sign the Agreement on behalf of the City, and authorize the City Manager to approve such other arrangements, preparations and measures as he finds necessary to implement the terms of the Settlement Agreement. J - 4 SETTLEMENT AGREEMENT TI I IS SETTLEMENT AGREEMENT ("Agreement") is entered into as of the date of the last signature below by and between Mueller Systems, LLC and the City of Port Angeles ("Port Angeles" and/or the "City"), for the purpose of resolving certain Outstanding issues relating to the AMI Agreement between the City and Mueller Systems, LLC for the installation of new water and electric meters. The City and Mueller Systems, LLC are collectively referred to herein as the "Parties." WHEREAS, Mueller Systems, LLC and the City entered into an agreement entitled Advanced Metering Infrastructure System Agreement on December 21, 2010 and a first amendment dated February 23, 2012, collectively referred to herein as the "AMI Agreement"; and WHEREAS, the AMI Agreement is for the installation of an advanced meter infrastructure system for the City's electric and water utilities (the "AMI System") and the integration of a meter data managernent system with the City's existing Customer Information System (the "Work" and/or "Project"); and WHEREAS, a dispute has arisen between. the City and Mueller Systems, LLC relating to the completion of the Work; and WfIEREAS, the Parties agree that the most efficient resolution of the pending dispute is through a mutually agreed termination for convenience of the AMI Agreement and the settlement of all related claims; and NOW, THEREFORE, for mutual consideration and pursuant to the terms set forth in this Agreement, Mueller Systems, LLC and the City agree as follows: I. The recitals above are included as a part of this Settlement Agreement and incorporated herein for that purpose. 2. The AM] Agreement is terminated for convenience as of the date of this .Agreement. Neither Mueller Systems, LLC nor the City shall have any duties or obligations under the AMI Agreement, except those identified in this Agreement and except for ongoing warranties. Mueller Systems, LLC agrees to provide compensation to the City amounting to $1,827,670 in equipment, rights and credits as provided in Exhibit A, which is incorporated by referenced as though fully set forth herein. 3. Subject to the terms of this Agreement, Mueller Systems, LLC unconditionally waives and releases all claims against the City, in any way relating to the Project. 4. Subject to the terms of this Agreement and ongoing warranties, the City unconditionally waives and releases all claims against Mueller Systems, L,L,C, in any way relating to the Project. J - 5 S. The Parties agree that the City may seek a refund of sales tax that it has paid on account of the equipment being returned to Mueller Systems, LLC. Mueller Systems, LLC agrees to take whatever reasonable action necessary to assist the City with its efforts to obtain a sales tax refund. 6, The Parties agree that the Project retainage is a part of this Agreement. The retainage was never paid to, nor received by Mueller Systems, LLC. Mueller Systems, LLC represents that it has paid in full all amounts due to the Washington State Department of Revenue, the Employment Security Department and/or the Department of Labor and Industries and all amounts due to subcontractors, material suppliers and laborers. Pursuant to this Agreement, the Project retainage is the property of the City. To the extent that RCW 6028.011 et. seq. applies, and requires written authorization of the Parties, Mueller Systems, LLC hereby releases all of its rights, title and/or interest it has in the Project retainage and Mueller Systems, LLC agrees to assist the City as necessary to obtain release of the retainage. If there is any tax liability which is created as a result of Mueller Systems, LLC releasing the Project retention, then the City agrees to reduce its Water Meter Settlement Account by the amount of Mueller Systems, U-C's tax liability. 7. Neither party shall disparage the other in connection with the Project and the parties shall answer questions regarding the status of the dispute between them by stating that the dispute has been amicably resolved by a settlement. Nothing in this paragraph or Agreement shall limit the City's ability and obligation to respond to public record requests. 8. This Agreement is binding upon, and shall benefit, each of the Parties, together with all partners, parent and subsidiary entities of those parties and partners, as well as all predecessors and successors of any of the foregoing, along with all affiliates of any of the foregoing, and all officers, directors, and employees of any of the foregoing, together with all insurers, all successors, heirs, assigns, or transferees, direct or remote, of any of the foregoing. 9. The releases, waivers, other conditions and the consideration identified herein are given in full settlement and compromise of doubtful and disputed claims. It is expressly understood and agreed that none of the Parties or any of their respective insurers, agents, employees, representatives, partners,, parent entities, subsidiaries, or affiliates, admits any liability by entering into this Agreement. Such liability is expressly denied, and the execution or performance of this Agreement shall not be for any purpose construed as an admission of liability. I O�. In entering into this Agreement, each Party hereto represents that it has relied upon the advice of an attorney of its own choice concerning the legal consequences of this Agreement; that the terms of this Agreement have been completely read and explained to each Party by its attorneys; and that the terms of this Agreement are fully understood and voluntarily accepted. 11. Each Party represents and warrants that no other person or entity has, of has had., an interest in the claims, demands, obligations, of causes of action referred. to in this Agreement and that each Party has the sole right and exclusive authority to execute this Agreement. 2 J - 6 11 This Agreement shall be construed in. accordance with the laws of the State of Washington, notwithstanding the operation of any conflict or choice of law statutes or decisional law to the contrary. 11 The Parties agree that they may plead this Agreement as a complete bar and defense to all actions which may be commenced by or on behalf of any of the Parties against any of the other Parties with respect to claims that are released under the terms of this Agreement. 14. The Parties agree that as a prerequisite to litigation relating to the interpretation of, or enforcement of this Agreement that they will mediate their dispute in King County, Washington, If the Parties cannot agree upon a mediator, then each party shall appoint a representative who will then select a third-party neutral to mediate the dispute, 15. In the event that mediation is unsuccessful, and either Party brings any action to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness, fees, consultant fees and costs incurred in connection with such action, whether in pretrial, trial, arbitration, appeal in any proceeding including bankruptcy, or in any action to enforce a judgment or award. The Parties agree that the prevailing party shall be the party who obtains judgment on 51% or more of its claims brought. In cases where declaratory relief, injunctive relief or specific performance is sought hereunder, the prevailing party must obtain the relief sought. In the event that a party fails to obtain judgment on 51% or more of its claims, then the other party shall be determined the prevailing party and shall be entitled to recover its reasonable attorney's fees, expert witness fees, consultant fees and costs. 16, This Agreement may be executed and delivered in separate counterparts, each of which, when all are so executed and delivered, shall be deemed an original and together shall constitute a single instrument. 17. This Agreement contains all of the agreements and con-timunents of the Parties relating to the resolution of the Party's dispute and supersedes all prior discussions and agreements whether oral or written. This Agreement may not be amended, waived or modified in any way without the prior written consent of all Parties. Moeller Systems, LLC City of Port Angeles OU By: CA� By, Date: 1 6 Lf Date: I OW 16,2 1071152v.1 3 J - 7 EXHIBIT A Mueller Systerns, LLC is providing value to the City of Port Angeles, ("Port Angeles," and./or"the City") of$1,827,670 as follows: • In-Place Settlement Amount of$565,596-1 • Electric Meter Settlement Arnount of$759,89,1-1 and • Water Meter Settlement Amount of$502,183. SECTION I (In-Place Value) The Parties agree that the In-Place Settlement Amount value is $565,596, which consists of equipment and other rights retained from Mueller Systems, LLC, SECTION 11 (Electric Meter Settlement Amount) The Parties agree that the Electric Meter Settlement Amount value is $759,891, which consists of a $327,706 cash payment and a $432,185 reimbursement and shall be calculated and payable as follows: 1) The City of Port Angeles will make ready for return approximately 1235 unused, unopened, warehoused electric meters to Mueller Systems, LLC no later than January 31, 2015. Mueller will be responsible for shipping of the unused, unopened, warehoused electric meters, Within thirty (30) calendar days after receiving the aforementioned electric meters, Mueller Systems, LLC will reimburse the City of Port Angeles in the amount of$264,731; 2) On or before January 31, 2015, Mueller Systems, LLC will reimburse the City of Port, Angeles $62,975 for approximately 895 FOCUS meters and 24 AXS4e/RXS4e meters which are already in the possession of Mueller Systerns, LLC; 3) Over a period not to exceed 5 years, the City of Port Angeles shall return approximately 2139 installed electric meters to Mueller Systems, LLC, Upon return of the meters, the City of Port Angeles will receive a reimbursement of no more than $432,185. The amount of reimbursement for each meter shall be $202. The reimbursement shall be paid and accounted for semi-aririvally. The City of Port Angeles shall be responsible for all removal and packaging costs for the aforementioned returned meters. Mueller Systerns, LLC will be responsible for shipment, excluding packaging; and 4) The City of Port Angeles shall make ready for return all demand response equipment to Mueller Systems, I..,LC no later than January 31, 2015. The City of Port Angeles shall be responsible for packaging all demand response equipment., Mueller Systerns, LLC shall be responsible for shipping, CXC]Llde packaging. 1096116 210641M J - 8 SECTION III (Water Meter Settlement Amount) The Parties agree that the Water Meter Settlement Amount is $502,183, which consists of the following: i) The Water Meter Settlement Amount includes a credit for 1298 radios. For each radio which is not returned by the City of Port Angeles within 5 years the credit will be reduced by $70 per radio; 2) The City of Port Angeles shall make ready for return unused, unopened FM3, MVR and ductile iron meters before January 31, 2015. If all of the FM3, MVR and ductile iron meters are not ready for return before January 31, 2015, the Water Meter Settlement Amount will be reduced by $132,637; 3) Mueller Systems, LLC will provide approximately 1.298 replacement registers at no cost to the City of Port Angeles, over no more than a 5 year period at the City's request; 4) The City of Port Angeles shall buy 4,500 residential Hersey water meters and all of its requirements for commercial water meters for a 5 year period of time from Mueller Systems, LLC. The purchase of the residential and commercial water meters shall be funded from the Water Meter Settlement Amount. Mueller agrees to sell to the City of Port Angeles new residential and commercial water meters at prevailing price for the Washington region, accounting for volurne,- 5) In the event that the City of Port Angeles fulfills all of its commercial and residential water, meter purchase requirements (as stated above) and has a remaining credit balance from the Water Meter Settlement Amount, then Mueller Systems, LLC shall pay to the City of Port Angeles the remaining credit balance. Notwithstanding the above obligations, if 'the City of Port Angeles exhausts its Water Meter Settlement Amount ($502,183) then it has no continuing obligation to purchase commercial and residential water meters under this paragraph; and 6) Mueller Systems, LLC shall be responsible for the shipment of warehoused water meter equipment, registers and radios, from the City of Port Angeles to Mueller Systems, LLC. 2 J - 9 11 A / NGELES �plUw,� W A S H I N G T O N, U. S. A. C I T Y C 0 U N C I L M E M 0 DATE: October 21, 2014 TO: CITY COUNCIL FROM: Abbi Fountain, Human Resources Manager SUBJECT: Approve Collective Bargaining Agreement with IAFF Local#656 Summary: The International Association of Firefighters (IAFF) Local 4656 Collective Bargaining Agreement expires December 31, 2014. City staff and the IAFF agree to the following: 1) A one year contract extension: January 1, 2015 —December 31, 2015, 2) A 2 % cost of living adjustment to be effective January 1, 2015, and 3) The other terms of the existing agreement continue. Recommendation: Staff recommends the City Council approve the terms of the IAFF Collective Bargaining Agreement extension and cost of living adjustment as stated in the summary above. Background/Analysis: In July 2014, the IAFF Local 4656 made a proposal to the City to extend their existing collective bargaining agreement for one year with a cost of living adjustment. The IAFF cost of living adjustment proposal is 90% of CPI-W, minimum 2% - maximum 5%. Based on the June to June index of the CPI-W, the IAFF proposal for a cost of living adjustment is calculated at 2%. The IAFF economic proposal is within the Council's guidance provided to staff. The union leadership accepted the above terms and took the proposal back to the full membership for ratification,where it was approved. There are several bargaining unit contracts that expire in 2014. This is the first of the bargaining units to settle a contract. The firefighter union was very proactive with their proposal and it has set the stage for what is hoped to be a very successful round of settlements. Attachment: 2015 IAFF Collective Bargaining Agreement J - 10 AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #656 January 1, 2015 - December 31, 2015 J - 11 TABLE OF CONTENTS PAGE ARTICLE I- GENERAL PROVISIONS Section A -Preamble 1 Section B - Recognition 1 Section C - Savings Clause 1 Section D -Non-Discrimination 1 ARTICLE II- RIGHTS OF PARTIES Section A - Management's Rights 2 Section B - Retention of Benefits 2 Section C -Union Security &Payroll Deduction 2-3 Section D -Personnel Records 3 Section E- Labor-Management Committee 4 Section F -Agreement Binding on Successors 4 Section G -Seniority List 4 Section H - Layoff& Recall 4 Section I- Bulletin Board 5 Section J-Union Officers Shift Coverage 5 Section K-Personal Vehicle Coverage 5 Section L- In-Service Training 5 ARTICLE III-WORKING CONDITIONS Section A - Work Stoppage 6 Section B - Work Schedule 6-8 Section C - Minimum Manning 8 Section D—Staffing 8 Section E- Shift Trading 9 Section F - Indemnification of Employees 9 Section G - Tobacco Use 9 Section H -Promotions/Assignments 9-11 Section I- Entry Level Interview Boards 11 Section J - Special Assignments 12 Section K- Light Duty 12 Section L- Temporary Re-Assignments 12 Section M—Standby for Paid Events 13 Section N -Weekend & After Hours Inspections 13 Section O -Drug and Alcohol Testing Policy 13-16 ARTICLE IV- COMPENSATION Section A - Wages 17 Section B - Tuition Reimbursement 17 Section C -Uniform Maintenance Allowance 17 Section D - Overtime Pay 18 J - 12 Section E- Call-Back Pay 18 Section F —Medic Unit Pay 18 Section G -Fire Prevention Assignment Pay 19 Section H - Compensatory Time 19 Section I- Specialist Pay 19 ARTICLE V -PAID LEAVE BENEFITS Section A - Vacation 20-21 Section B - Holidays 21-22 Section C - Sick Leave 22-23 Section D - Family Leave 23 ARTICLE VI- HEALTH BENEFITS Section A - Medical, Dental and Vision Coverage 24 Section B - Crisis/Trauma Counseling 24 Section C -Term Life Insurance 25 Section D - Employee Assistance Program 25 Section E- WSCFF Retiree Medical Trust 25 ARTICLE VII - GRIEVANCE PROCEDURE 26-27 ARTICLE VIII- DURATION OF AGREEMENT 28 APPENDIX "A" Salary Schedule for 2013 afi-a '1111^2015 J - 13 AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL #656 ARTICLE I - GENERAL PROVISIONS Section A - Preamble Purpose: This contract entered into by the City and IAFF Local 4656 has as its purpose the setting forth of the full and entire understanding of the parties regarding the matters set forth herein, reached as the result of negotiations for wages, hours, and other terms and conditions of employment of the employees covered by this contract. Section B -Recognition The City recognizes the Union as the bargaining representative for purposes of establishing wages, hours, and working conditions. The terms and conditions set forth herein shall apply to employees in the following classifications: Firefighter Firefighter/Paramedic Medical Officer Fire Captain Fire Prevention Specialist Training Officer Fire Lieutenant Paramedic/Lieutenant The Union agrees to provide the names of the Union officers and any changes to the Human Resources Manager. Section C - Savings Clause If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. In such event, the parties agree to renegotiate the invalid provision(s) of the Agreement, which shall have no effect on the remaining provisions of the Agreement. Section D -Non-Discrimination The City and the Union agree that they will not discriminate against any employee by reason of race, creed, age, color, sex, sexual orientation, genetic information, national origin, religion, handicapped status, marital status, or membership or non-membership in a Union. Whenever notations are used in the masculine gender, they are intended to apply equally to either gender. J - 14 ARTICLE II -RIGHTS OF PARTIES Section A -Management's Rights The City and its management representatives shall retain all customary rights, powers, functions, and authority normally reserved by management, consistent with State law, local ordinances, and Department rules and regulations, except as limited by terms of this Agreement or applicable State or Federal laws, and shall include but not be limited to the following: 1. Determine the mission of the City and respective Departments, commissions, and boards. 2. Set standards of service and performance standards; establish reasonable work rules/regulations, safety procedures, and personnel policies and procedures. 3. Select, increase, diminish or change equipment, vehicles, machinery, etc., including the introduction of any and all new, improved or automated methods or equipment. 4. Assign work and establish reasonable work schedules for all regular and overtime hours. 5. Engage in all types of personnel transactions and disciplinary proceedings in accordance with established ordinances and rules. 6. Effect a reduction in authorized positions because of a lack of work, fiscal limitations, organizational changes, or other legitimate reason. 7. Determine the number and classification of personnel. 8. Take any action necessary to carry out its mission in an emergency. 9. Discipline and/or discharge for just cause with due process, in accordance with applicable local, State or Federal laws. Section B -Retention of Benefits The City assures the union that in placing the terms of this Agreement into effect, the Department shall not proceed to cancel benefits or privileges generally prevailing for employees, even though such benefits or privileges are not itemized in this Agreement. The Union assures the City that in placing the terms of this Agreement into effect, Union members shall not seek to gain additional benefits and privileges through this Article, but shall make all such items subject to the collective bargaining process. All disputes between the City and the Union shall be subject to the grievance procedure. Section C -Union Security and Payroll Deduction 1. It shall be a condition of employment that all employees covered by this Agreement who are members of the Union in good standing on the execution date of this Agreement shall remain members in good standing. J - 15 It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its execution date shall, by the thirtieth (30th) day of their employment, become and remain members in good standing in the Union; or in lieu thereof, pay each month a service charge equivalent to Union dues, assessments, and initiation fee paid to the Union, as a contribution toward the administration of this Agreement. If objections to joining the Union are based on bona fide religious tenets and the employee objects to joining the Union because of such beliefs, the employee shall pay an amount of money equivalent to Union dues, assessment, and initiation fees to a non-religious charity or to another charitable organization mutually agreed upon by the employee affected and the Union to which the employee would otherwise pay the Union dues, assessments and initiation fees. The employee shall furnish written proof to the Union that such payment has been made. If the employee and the Union do not reach agreement on the organization, the Public Employment Relations Commission shall designate the charitable organization. 2. The Union agrees that membership in the Union will not be denied or terminated for any reason other than the failure of the employee covered by this Agreement to tender the Union dues, assessments, and initiation fees required as a condition of membership in the Union. The parties also agree that if an employee fails to fulfill the obligation in (1) above, the Union shall provide the employee and the City, within thirty (30) days, notification of the employee's failure to comply with this section and during this period, the employee shall make restitution in the amount which is due or the City shall terminate employment. 3. Payroll Deductions. It is agreed that the City shall permit payroll deductions for Union dues or other related deductions properly requested through payroll deduction authorization procedures established by the City and such deductions shall be subject to data processing limitations. Remittance of the total amount of all such Union-related deductions made from employees' salaries shall be made to the Union within procedures established by the City, normally within one week after the City pay day. Any errors or omissions in deductions brought to the attention of the City shall be corrected on the following pay period. 4. Indemnification Clause. The Union agrees to indemnify and hold the City harmless from any liabilities of any nature which may arise as a result of the application of this Section. 5. Temporary employees covered by this Agreement shall contribute an amount equal to Union dues, assessments and initiation fees on a monthly basis. The contribution shall be made by the employee to the Union through payroll deduction, with the Union contributing the funds to one of the following charities: Northwest Burn Foundation; Muscular Dystrophy Association; or a local charity selected by Local 4656. Section D - Personnel Records The City and the Union recognize that the employees' official personnel file relative to any personnel actions (i.e., promotion, disciplinary actions, performance evaluations, pay status, etc.) shall be kept and maintained in the Human Resources Office. Departments may keep and maintain employee personnel files but such information in the Department files shall not be used relative to taking personnel actions that result in information being placed in the official personnel file. J - 16 An employee may review their personnel file in the Human Resources Office or Fire Department upon request, with reasonable notice, and may have a copy of any information placed in the file(s). Whenever a Department Head places information concerning the employee in the official personnel file it shall be dated and signed by the employee and a copy will be provided to the employee. If such information is the result of disciplinary action or an unsatisfactory performance evaluation, the employee may submit a rebuttal which shall be made part of the employee's personnel file. Such a response by the employee shall be submitted within thirty (30) days of receipt of the disciplinary action or performance review and shall be of reasonable length. Section E -Labor/Management Committee In the interest of developing mutual trust and open communications between the parties, and improve employee/employer relations, the parties agree to establish a Labor/Management Committee to meet at times mutually agreed upon. The members of this Committee for the City shall be the Human Resources Manager, the Fire Chief, or others designated by the City Manager. The members of this Committee for the Union shall be the Union President, Vice-President, and one other person selected by the Union. Other persons selected by the Union who are affected by an issue under discussion may attend; however, such attendance is permitted as long as staffing needs are adequately met, with approval of the Fire Chief. Section F -Agreement Binding on Successors This Agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered, or changed in any respect whatsoever by the consolidation, merger, annexation, transfer, or assignment of either party hereto; or affected, modified, altered, or changed in any respect whatsoever by any change of any kind of the ownership or management of either party hereto; or by any change geographically or otherwise in the location or place of business of either party hereto. Section G- Seniority List The City shall provide the Union with an updated seniority list annually upon request. Any corrections to the seniority list shall be brought to the attention of the Fire Chief and submitted to the Human Resources Manager for verification. After corrections are made, the seniority list shall be re-posted. Section H—Layoff and Recall If necessary, reductions in force shall be accomplished using the department's seniority list consisting of all firefighters and all paramedics, and then by laying off those personnel in the reverse order of their department seniority, without regard to classification until contractual minimum manning levels are reached. Officers shall not be laved off until contractual minimum manning levels have been reached in both the paramedic and firefighter job classifications. Officers subject to layoff or position elimination may bump back to firefighter and/or paramedic positions to avoid layoff, as long as they meet the qualifications of the position. Employees are eligible for re-employment from layoff for twenty-four (24) months from the date of layoff. However, no benefits shall accrue during such term of layoff. J - 17 Employees shall be recalled in inverse order of layoff and the City shall not hire from the open recruitment list while employees on the recall list are eligible for re-employment. Re-hired employees will start at the same pay step held prior to layoff. Years of service prior to layoff will be counted toward employees' length of service with the city. Section I -Bulletin Board The City agrees to provide space in the City Fire Station for a Union bulletin board, for notice of official union business. The Union shall be responsible for maintaining the bulletin board in a neat and orderly manner. Section J-Union Officers Shift Coverage The City shall provide shift coverage to maintain contractual minimum manning levels for Union elected representatives during contract negotiations. Coverage for elected officials for those events of mutual benefit to the City and Union (Labor Management meetings, etc.) shall be covered at the Chiefs discretion. The number of elected representatives for this section is limited to three. Section K—Personal Vehicle Coverage In the event of an accident, the City agrees to reimburse employees, to a maximum of $500 per occurrence, for vehicle damage and towing expenses incurred during emergency callback in private vehicles. Only expenses not covered by employee's insurance will be reimbursed. Employees shall be covered under this provision from the time of response request until such time they are relieved from duty. The City shall indemnify off-duty responding employees as they would as outlined within the current labor contract. This section does not apply if the employee has violated any vehicle law and is cited. Section L -In Service Training The City agrees to include in compensable hours, time spent by employees for "in-service" medic related training, medic run reviews, and employee staff meetings to discuss medic-related matters. Time spent outside of normal scheduled hours shall be paid for at the overtime rate, and such meetings shall be of reasonable length and authorized in advance by a chief officer. Such training shall be mandatory as assigned by the Department unless excused because of sick leave or vacation or if cancelled or rescheduled with less than 30 days notification. With the exception of sick leave, all absences from these duties shall be excused in writing prior to the event. Written absence forms, signed by the employee and the shift officer, will be utilized. The department shall post a list of paramedic training dates for the upcoming calendar year each December. A paramedic in-service and/or run review cancelled or rescheduled with less than 30 days notification shall be considered an eligible CME opportunity. Paramedic Personnel shall attend a minimum of 8 out of the previous 12 eligible training sessions. J - 18 ARTICLE III -WORKING CONDITIONS Section A -Work Stoppage The Union agrees that there shall be no strikes, slowdowns, work stoppage, or any interference with the efficient management of the Fire Department. Section B -Work Schedule Shift Personnel: The work schedule for 24-hour shift Fire personnel will be an average of 56 hours per work week, less a 17.54 "Kelly Day" credited each 28-day duty cycle. The Kelly Day may be taken as vacation in 24-hour increments, subject to Departmental manning. Twelve hours of Kelly time may be carried over into the next calendar year. The work schedule shall be further reduced by a compensation method of paying for 96 hours per year at the overtime rate, which corresponds to 7.38 hours each 28- day duty cycle. The combination of the Kelly Day, together with this amount, subtracted from 2,912 hours per year, approximates a 49.77 hour work week. Compensation for the 96 hours noted above shall be paid twice annually; one half the first pay check in July, the second half in December of the calendar year. The rate of pay for the 96 hours shall be at time- and-one-half the employee's base rate of pay. Personnel transferring from a 24-hour shift schedule to an 8-hour shift schedule shall have their annual bank of Kelly time reduced 17.54 hours for each 28-day cycle contained in the remainder of the year. If the person has used more Kelly time than accrued, at the employee's discretion, vacation or floating holiday time will be deducted accordingly. Upon transferring, the City agrees to honor all previously scheduled leave for such employee under the same conditions and manner as originally scheduled. The daily work hours assigned shall be maintained as authorized in the Port Angeles Fire Department Operational Guidelines manual upon execution of this Agreement. In the event an employee is on disability leave or leave without pay for one 28-day duty cycle or greater, the payment of the 96 hours shall be reduced a pro-rated amount based upon the number of months on leave in the respective half of the calendar year, and that same amount shall be credited back to the employee's sick leave balance. Sick leave would only be credited back in those circumstances where sick leave was deducted. Fire Department administration will coordinate with payroll to make any necessary adjustments. Floater Work Schedule: The Floater schedule is flexible and based upon a 28-day duty cycle. The floater schedule shall be posted 45 days in advance and is only subject to change with a minimum 30 day notice. A minimum 30 day notice of cancellation is required for leave, which involves floater scheduling. Leave that has been previously approved will only be allowed to be cancelled within a 30- day notice if both of the following conditions exist: Floater has already been scheduled to work on the assigned day and Leave has been requested within 30 days of cancellation notice. Once personnel complete their probation they shall fall into the floater rotation at the next regularly assigned interval for either paramedic (1 year) or Lieutenant (2 year). 1. Floater Picks: Every 28-day cycle, each floater will be scheduled for nine (9) shifts with the exception of June, July, and August, which will be ten (10) shifts. J - 19 2. Scheduling: A. The first priority is to bring the shift up to minimum staffing to cover paid leave. B. The second priority is to preserve two (2)paramedics and one officer per shift. C. Administration and floaters will work together to minimize those shifts which exceed six (6) personnel. D. Floaters can then submit up to 15 shifts that they would like to have off, which may include consecutive days. These will be submitted two (2) months in advance, on the last day of the month. The Administrative Assistant will then make selections by alternating between floaters. In the event one or neither floater submits requests by the end of the month, the Administrative Assistant will fill in the 18 or 20 picks attempting to group in a three-shift cycle. 3. In the event of an extended shift shortage, reassignments will first attempt to accommodate the floater with the least amount of impact, then through seniority if neither floater volunteers for the assignment. After the initial assignment, reassignments will be on a rotational basis if neither floater volunteers. 4. A Chief Officer has the ability to approve changes submitted by the floater within the 30-day period. 5. When assigned to a shift, the floater will be treated as a member of the shift. The floater will be inserted into each shift's overtime rotation and/or matrix to ensure an equal opportunity for overtime as compared to other shift members. 6. Upon accepting or being assigned to the floater position, there will be a minimum one (1) year commitment with right of retention for up to three (3) continuous years. Acceptance or assignment shall be made by November 1st for the upcoming year, after which it will be offered based upon seniority. If at any time no one volunteers for the floater position, one of the four (4) junior paramedics who have completed probation and have not served as floater will fill the position. The rotation will begin with the most junior paramedic and rotate upward through the four. If one of the four junior paramedics has already served as floater, the rotation will skip to the next paramedic in the group who has not filled the position. This will insure equal distribution of the position, the goal being to have each paramedic serve one out of every four years. When shift manning is at six or seven and the floater is working, the floater will report to the Fire Marshal for other duties. These duties will not include station maintenance. If the floater, shift officer, and Fire Marshal are in agreement, a person other than the floater can report to the Fire Marshal for other duties. Required training shall take priority over all other assigned duties. For periods in excess of 45 days where one shift is below its full staffing level of six personnel, a floater shall be reassigned to the affected shift for the duration of the manning shortage. At the time of reassignment the City agrees to honor and accept all previously scheduled leave in the same conditions and manner as originally scheduled. These situations may arise due to reasons such as a disability or delayed hiring. In the event there is more than one disability or an extenuating overtime impact, the Fire Chief will meet with the Firefighters Local 4656 to discuss the appropriate reassignment of personnel, if necessary. This reassignment is an effort to maintain a minimum staffing level of five, only allowing pre-approved J - 20 paid leave to reduce this level. 7. Upon accepting or being assigned to the Lieutenant floater position, there will be a minimum two (2) year commitment. Acceptance or assignment will be made by November I" for the upcoming year, after which it will be offered based upon seniority. If at any time no one volunteers for the floater position, one of the four (4) Lieutenants who have completed probation and not served as floater will fill the position. The rotation will begin with the most junior Lieutenant and rotate upward through the four. If one of the four lieutenants has already served as the floater, the rotation will skip to the next in the group who has not yet filled the position. This will ensure equal distribution of the position, the goal being to have each Lieutenant serve two out of every eight years as floater. An extension shall be allowed at the conclusion of a two year term as Lieutenant floater, provided there is mutual agreement from the next up eligible Lieutenant. An extension shall require another two year commitment. Fire Prevention Specialist: The workweek for personnel assigned to Fire Prevention shall be a 40 hour work week, with 8 hour work days. Changes to the work schedule shall be posted 30 days in advance. Training Officer: The workweek for the Training Officer shall be a 45-hour workweek which includes night drills and meetings relating to training or equipment maintenance. The Assistant Chief will set the assignment schedule with 30 days notice of any changes. Lunch hour will be considered time off for purposes of scheduling and call-back. Required evening drills and meetings will be a 2-hour minimum for purposes of hours scheduled. Flex Time Provision: To accommodate needed flexibility within the Training Officer's work schedule, flex time may be approved to be utilized within a 28-day cycle. The Training Officer's 28-day cycle is defined as 180 hours. The Training Officer's work day may vary based on work assignments, as long as the number of hours worked in the 28-day cycle does not exceed 180 hours. Flex time requires mutual approval and is intended to provide joint flexibility for both the employee and the Department and is utilized on a hour to hour basis. Section C -Minimum Manning The Fire Department shall maintain at all times a minimum manning of four personnel from the bargaining unit, with one being a Firefighter/Paramedic and one shift officer. Section D - Staffing: It is recognized by the Fire Department that it is advantageous to provide staffing at a level above minimum manning to better meet the operational needs of the Department. 1. Full shift staffing shall consist of six personnel. One shall be a Captain. Of the remaining personnel, one shall be a Lieutenant and at least three shall be paramedic certified. The Lieutenant may be one of the paramedic certified personnel. 2. Vacation leave and shift trades will be approved as long as it does not affect minimum staffing, which is defined as a minimum of 5 personnel, with 2 being Paramedics and one shift officer. 3. The Department will call back a Paramedic for overtime pay in the event shift staffing falls below J - 21 two Paramedics. It is understood that a budget crisis created by a long-term disability or excessive overtime could impact the Department's ability to pay the necessary overtime. If this occurs, the Department will attempt to minimize the duration in order to provide two Paramedics on shift as much as possible. 4. If at any time the Department loses a shift position due to a budget crisis, it is understood by management, that the two Paramedics minimum staffing may be renegotiated. 5. Fire Department administration reserves the right to reduce to minimum manning under exceptional circumstances such as specialized training where the long-term benefits outweigh the short—term reduction in staffing. 6. It is the intent of the department to maintain a qualified officer on shift at all times. In the event that shift staffing falls below one officer, the department will call back one officer utilizing the overtime provision of the contract. The Lieutenant floater can be reassigned one time per calendar year with 14 days notice. Such reassignment will be in the case of a known circumstance that would cause excessive overtime. Prescheduled paid leave will be honored during the reassignment. Section E - Shift Trading Each member of the Fire Department receiving prior written permission from the Fire Chief or designee shall have the privilege to exchange shifts with other firefighters, providing no additional costs to the City are incurred by this exchange. Officers shall trade only with other officers. Section F -Indemnification of Employees The City shall indemnify employees as authorized in the Port Angeles Municipal Code, Chapter 2.64, and State R.W. 4.96.041. Section G - Tobacco Use Employees shall not habitually smoke tobacco on or off the job as a condition of employment. If any of these members subsequently begin habitually smoking tobacco, they will be required to participate in a tobacco cessation program, mutually agreed upon, and paid for by the City. The smoking cessation program will be a one-time offer and must be successfully completed in 6 months or less. If the member continues to habitually smoke tobacco on or off duty, they will be subject to discipline procedures up to and including termination. This policy does not apply to the use of smokeless tobacco. Section H -Promotions/Assignments: All personnel hired after January 1, 2008, shall be required to obtain IFSAC Firefighter 11 certification in order to be eligible for promotion to Top Step Firefighter. For those personnel who have already attained Top Step Firefighter or Firefighter/Paramedic and are not enrolled in the IFSAC certification system, IFSAC Firefighter 11 certification equivalency will be granted upon request, after validation by the Training Officer and the Chief of the Department. For those personnel enrolled in the IFSAC certification system who have already attained Top Step Firefighter or Firefighter/Paramedic, the Department will provide IFSAC Firefighter II training opportunities on duty or compensated at the overtime rate of pay for off-duty classroom attendance. J - 22 The City agrees to post the reading list for written examinations three months prior to the test date. The City agrees to maintain at least one copy of all books on the reading list at Station 11. If there is no interest in a vacant position, the City may appoint an individual or hold an external recruitment for the position as currently established with all wages, hours, and working conditions. The appointment shall not exceed two years without mutual acceptance. At the conclusion of two years, the person shall be reassigned to their previously held position. However, at the conclusion of two years, if there is no objection from other interested bargaining unit personnel, the person shall have the option to remain in the position. The City agrees to maintain a Lieutenant eligibility list. This eligibility list will be established from those individuals who successfully pass a written Lieutenant's examination. If three or more qualified candidates remain on the eligibility list at the conclusion of one year, the eligibility list may be extended for up to an additional year. The eligibility list shall not exceed two years. An Associated Degree or higher will be required to be promoted to Lieutenant. The Lieutenant test shall be open to those employees that have completed two years with the Port Angeles Fire Department. Those employees who do not meet the requirements for Lieutenant at the time of the test, shall be ranked on the list but not eligible for promotion, until they meet the position requirements. For position openings, the candidates on the Lieutenant's eligibility list will advance to a comprehensive assessment center. An assessment center will only be held when an opening is expected. For the position of Captain, the parties agree that a comprehensive assessment center will serve to establish the promotional list. That Captains promotional list will be established no longer than 60 days after position availability, unless both parties agree upon extension. The positions of Suppression Captain, Training Officer and Medical Officer will be filled from this list. For all promotions, the rule of three shall apply. Lieutenant eligibility must meet the following requirements; An Associate's Degree or higher will be required to be promoted to Lieutenant. Must have a minimum of three years experience as a firefighter with the Port Angeles Fire Department with a total of four years career firefighter experience. Must be a Washington State Certified EMT or Paramedic and maintain current certification. Must possess and maintain a valid Washington State drivers license. After promotion to Lieutenant the member is required to obtain Level I Fire Instructor within one year and obtain certification as an IFSAC Fire Officer I within three years. For those personnel enrolled in the IFSAC certification system who have already attained Top Step Firefighter or Firefighter/Paramedic, IFSAC Fire Officer I certification must be obtained within four years. These requirements will be provided to the Lieutenant on duty or compensated at the overtime rate of pay for off-duty classroom attendance. If the employee chooses to challenge the IFSAC Fire Officer I test, the individual will be compensated for testing time for the first attempt only. J - 23 After promotion to Lieutenant, the employee must complete Hazardous Materials On-Scene Commander training within one year. An Associate's Degree will be required to be eligible for promotion to Lieutenant. Captain eligibility must meet the following requirements; Only Lieutenants who have completed probation as a Lieutenant are eligible to test for Captain positions. No Captain may transfer out of their position into another Captain level position. Captains must compete in the entire examination process, to be eligible for another Captain level position. Graduation from High School or equivalent; must possess an Associate's Degree. Must be a Washington State certified EMT and maintain certification. Must possess and maintain a valid Washington State Drivers license. Must meet all Lieutenant position requirements. Employee must obtain certification as IFSAC Fire Officer 11 within three years of promotion to Captain. These requirements will be provided on duty or compensated at the overtime rate of pay for off-duty classroom attendance. If the employee chooses to challenge the IFSAC Fire Officer II test, the individual will be compensated for testing time for the first attempt only. Personnel holding the rank of Captain as of l/l/2008 must obtain certification for IFSAC Fire Officer I and 11 within 10 years (prior to 1.1. 2018). This training will be provided on duty or compensated at the overtime rate of pay for off-duty classroom attendance. If the employee chooses to challenge the IFSAC Fire Officer I and 11 tests, the individual will be compensated for testing time for the first attempts only. Employees will be required to demonstrate that they are working towards certification during the 10- year certification period. If, due to unforeseen circumstances, practical difficulties arise with IFSAC certification testing opportunities, all parties agree to come together to reach a mutually agreeable resolution, acknowledging that the intent is that certification is through an independent third party evaluation. Section I, Entry Level Examination Interview Boards: The Union will select two employees from within the Department to serve on the entry-level interview board. One will be an officer and the second will be an employee in the Department with five or more years of service. Such appointments to the interview board shall be subject to the approval of the Department Head. The individuals selected for the interview board will be on paid time while serving on the board. Additionally, the City will maintain minimum manning levels if the person selected is on duty the day of the interview. J - 24 Section J - Special Assignments For special assignments, the City agrees to post the position(s) for a minimum of 14 calendar days prior to appointment. Interested individuals will submit a letter of intent to the Chief or designee. The Chief will make the appointment at the conclusion of the posting period. Note: Special assignments may include SCBA, PMO, EMT to paramedic certification, hose maintenance, and other related miscellaneous work assignments. Section K -Light Duty LEOFF II employees on disability or extended sick leave for greater than six consecutive shifts which precludes them from performing their regularly assigned duties, shall be guaranteed light duty work assignments. Before being assigned to light duty, an employee shall be medically released for such light duty assignment by their licensed medical doctor. A Fire Administrator shall furnish the employee's medical doctor with a list of duties, work schedule, and physical limitations involved with light duty assignment. Light duty assignment shall only be assigned for an employee who can work four consecutive hours or more each day. Light duty assignments shall not exceed 5 days per week. All light duty assignments shall be related to fire prevention, training, and/or minor maintenance on equipment/apparatus. Light duty personnel will not perform station/facility maintenance duties. An employee may exercise their option to utilize paid leave in lieu of light duty assignments, up to a maximum of 45 calendar days for the initial period of disability. After such 45 days, the employee must report for light duty assignments as approved by the physician. Section L -Temporary Re-Assignments The Parties enter into this agreement in order to address reassignment of employees, which fall outside the scope of regularly scheduled shift rotation, such as temporary transfers between shifts A-B-C. The Union recognizes the City's right to make shift assignments. In the event the City plans to reassign an individual from one shift to another, the City agrees to provide a minimum 21-day notice to the employee, except in an emergency where such notice is not reasonably possible. Excluding Floaters, re-assignment of an individual shall not exceed one time per 12-month period. The written notice from the City to the Union and the employee will indicate the employee(s) affected, describe the reason for the proposed change, and the anticipated duration of the assignment. Duration of re-assignments will not exceed 4 months in length. In making shift changes for individual employees, the City will take into consideration previously scheduled leave and attempt to minimize any disruptions to the employee. Upon making a re-assignment, the City agrees to honor and accept all previously scheduled leave in the same conditions and manner as originally scheduled. If an employee being re-assigned has incurred documented costs for non-refundable travel plans (i.e., airline tickets, lodging, and other similar expenses), the City agrees to fully reimburse the employee for these expenses. J - 25 In the event that a re-assigned employee is scheduled to work more shifts within the calendar year than they would have if no transfer had occurred, the additional shifts shall be compensated at the overtime rate of pay for that employee. Compensation for these added hours worked will be completed upon transferring back to their original position. Section M: Standby for Paid Events: For public events that charge an admission fee or generate revenue and request PAFD standby, the city agrees to pay overtime for a minimum of 2 paid personnel of the department for the duration of the event. This does not exclude additional volunteer personnel from participating. Section N : Weekend and After Hours Inspections The shifts will assume responsibility for routine weekend and after-hours inspections, not including inspections which would take a unit out of service. Inspections falling between 9:00 p.m. and 7:00 a.m. will be the Fire Marshal's responsibility. Section O -Dru2 and Alcohol Testing Purpose: The City recognizes that employees that have used alcohol and drugs may be able to be rehabilitated to return as productive employees. To this end, the City establishes a policy that alcohol and drug usage is a treatable condition. We value our employees and therefore will provide a one- chance option for rehabilitation if an employee tests positive for alcohol or drugs. However, if the severity of the incident warrants termination in the sole judgment of the City, we reserve the right to discharge an employee from City employment without offering a rehabilitation program. Policy: Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and may result in disciplinary action, including immediate termination. For the purpose of this policy, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise the employer if they are using prescriptions or other over-the-counter drugs they know, or reasonably should know, may impair their ability to perform job functions and/or operate machinery such as automobiles. Under appropriate circumstances, the employer may request the employee provide written medical authorization to perform various essential job functions from a physician while using such drugs. A voluntary request by an employee for assistance with their alcohol or drug abuse problem will remain confidential and shall not be used as the basis for a last chance agreement or disciplinary action, provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. Where a supervisory employee has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs or is using illegal drugs, the employee in question will be asked to submit to discovery testing including breath tests, urinalysis and/or a blood screen to identify any involvement with alcohol or illegal drugs. Reasonable suspicion shall be based on specific, contemporaneous, and articuable observations concerning the appearance, behavior, speech, or body odors of the employee. Possession of alcohol or a controlled substance while on duty is a prohibited behavior and will, at a minimum, result in reasonable suspicion testing. J - 26 An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this article. Refusal to submit to a City-ordered alcohol or drug test or refusal to sign the required test forms, shall constitute as the same as falsifying, tampering, obstructing the testing process, or contaminating the sample and shall result in termination, without a last chance process for rehabilitation or treatment. If the results of the drug or alcohol tests are positive, and support a conclusion that the employee used an illegal drug or alcohol, or reported to work while under the influence of drugs or alcohol, the employee may be subject to discipline including immediate discharge. Reporting and Verification of Test Results: The reporting and verification of positive test results shall be in accordance with the City's Commercial Driver's License testing policy, Section 6, except for Sections 6.2.5 and 6.3.4. Section 6.2.5 shall read "The Program Manager will report verified positive results to the Department Head". Section 6.3.4 shall read "If the split specimen is unavailable or inadequate for testing, the Medical Review Officer (MRO) shall cancel the test and report the cancellation and reasons therefore to the City Program Manager and the affected employee". Disciplinary Procedures: In the event of a positive drug or alcohol test, the City shall evaluate the circumstances related to the incident and impose disciplinary measures, up to and including termination. Any employee who refuses to submit to a City-ordered controlled substance test will be subject to immediate discharge. If an employee tests positive for drugs or alcohol and has not previously gone through a rehabilitation program, the City will provide a one chance option for rehabilitation, unless in the judgment of the City the circumstances warrant immediate discharge. Any rehabilitation program costs will be as provided through the City's medical plan. Any costs beyond the medical plan coverage shall be the sole responsibility of the employee. Upon successful completion of the rehabilitation program, the employee may return to work after a drug test to determine that the employee is drug free. Thereafter, the Substance Abuse Professional (SAP) may conduct a random drug test on the employee at any time for the next year from the date of returning to work. In the event one of the random tests are positive, the employee will be terminated. Random tests will be conducted in accordance with this policy. Any employee that completes a rehabilitation program to retain their employment with the City will also sign a last chance agreement, as provided by the City. The employee and the affected union representative will sign the agreement. Failure of the employee to sign the agreement will result in discharge. The last chance agreement shall include a waiver of any appeal procedures to the labor contract or Civil Service should the employee violate the agreement and/or fail a drug test. The last chance agreement shall be consistent with this policy. J - 27 Definitions: For the purpose of administering this article, the following definition of terms is provided: Reasonable Suspicion - Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts in the light of experience, that discovery testing will produce evidence of illegal drug or improper alcohol use by that particular employee. Under the Influence - The following cut-off levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: Drug Test Level Amphetamines 1000 ng/ml Barbiturates 300 ng/ml Benzodiazepines 300 ng/ml Cannabinoids 100 ng/ml Cocaine metabolites 300 ng/ml Methadone 300 ng/ml Methaqualone 300 ng/ml Opiates (codeine) 300 ng/ml Opiates (Morphine) 300 ng/ml Phencyclidine(PCP) 25 ng/ml Propoxyphene 300 ng/ml Level of the positive results for ethyl alcohol - 0.05 gr/dl Illegal Drugs - are defined as all forms of narcotics, depressants stimulants, hallucinogens and cannabis which sale,purchase, transfer, or unauthorized use or possession is prohibited by law. Over-the-Counter Drugs - are those which are generally available without a prescription and are limited to those drugs which are capable of impairing the judgment of an employee to safely perform the employee's duties. Prescription Drugs - are defined as those drugs which are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/physician or dentist. Supervisory Employee-is defined as a departmental chief officer. Procedures: If an employee is required to submit to a drug test, the following procedures shall be followed: • The employer shall pay the cost of testing, unless otherwise noted in this policy. • The employee shall be given an opportunity to confer with a union representative if one is readily available and the employee has requested a representative. • The employee shall be given an opportunity to explain to the MRO the reasons for the employee's condition, such as reaction to a prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to the employee. J - 28 • The employer may request urine and/or blood samples. • Urine and blood samples shall be collected at a local laboratory, hospital, or medical facility, on City time. The employer shall transport the employee to the collection site. The employer and/or union representative may be allowed to accompany the employee to the collection site. • If an employee is relieved from duty while awaiting the test results, they will be placed on paid administrative leave. • The duration of a rehabilitation program, as recommended by the SAP, shall not be grounds for dismissal. • All specimen containers and vials and bags used to transport the specimen shall be sealed to safeguard their integrity and proper chain-of-custody procedures shall be followed. • The testing of the samples shall be performed only by a laboratory and by a physician or health care professional qualified and authorized to administer and determine the meaning of any test results. The laboratory performing the test shall be one that is certified by the National Institute of Drug Abuse (NIDA) • If a specimen tests positive in an immunoassay screen test, the results must be confirmed by a gas chromatography/mass spectrometry test. The specimen must show positive results at/within the following limits on the GC/MS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: If immunoassay is specific for free morphine, the initial test level is 25 ng/ml. Confirmatory Test: Limit Marijuana metabolites 15 ng/ml Cocaine metabolites 150 ng/ml Opiates: Morphine 300 ng/ml Codeine 300 ng/ml Phencyclidine 25 ng/ml Amphetamines: Amphetamine 500 ng/ml Methamphetamine 500 ng/ml • The City shall notify the employee and the union of their option to requisition a sample of the specimen and to send it to the laboratory chosen by the employee or union for testing. The cost of this test will be paid by the union or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or it's consequences. • The employee and the union shall be informed of the results of all tests and provided with all documentation regarding the tests as soon as the test results are available. The parties agree to use the Medical Review Officer (MRO) in the Virginia Mason Drug Proof facility to review all confirmed positive test results and communicate those results to the employer. The MRO shall have the responsibility to determine when an individual has failed a drug test in accordance with the standard enumerated herein. J - 29 ARTICLE IV - COMPENSATION Section A -Wa2es The parties agree to an across the board wage increase for all represented classifications of 2.0% effective January 1, 2013 and-2-0°� effec04 20142015. - Deferred Compensation: In lieu of the City providing a long-term disability plan, the City agrees to contribute an amount equal to the actual premium paid by the employee for the IAFF disability insurance plan and pay that amount into a deferred compensation plan for the employee. Any member receiving sick leave payments from the City is required to remit payment of any WSCFF/Standard Disability benefits back to the City. The City agrees that the funds referenced above will be used to "buy-back" sick leave being used during the course of the disability. Section B - Tuition Reimbursement Any member covered by this Agreement is entitled to 80% reimbursement for tuition and book costs for any course directly related to their job, provided the member has gained the approval of the Fire Chief prior to registration for the class of instruction. All members requesting reimbursement for tuition and books will be expected to meet the minimum standards for taking the course and must complete the course with a passing grade or certificate of course completion. Section C -Uniform Maintenance Allowance 1. New employees hired by the City shall receive a full uniform as defined by the Department's current Standard Operating Guidelines. The uniform shall include: Class B shirts (2), T-shirts (8), pants (2), belt, foul weather jacket and boots. The new employee's boot allowance shall not exceed $200. Employees required to attend the State Fire Academy will receive all clothing required by the Academy. Upon completion of probation, new employees will be provided with a Class A uniform. If the employee leaves the City prior to completing two (2) years of service, the employee will reimburse the City the cost of the Class A uniform. 2. The City shall provide a uniform maintenance allowance (excluding newly hired employees covered above) of$550 per calendar year. Employees may carry over a maximum of$200 from one calendar year to the next. The total yearly allowance shall not exceed $750. Employees shall purchase uniform items and provide a copy of the receipt to the Fire Department for reimbursement. The City shall provide a balance for an employee on the amount of the uniform allowance used, upon request. 3. The uniform shall be as set forth in the Fire Department Operations/Procedures Manual. 4. The employee agrees to maintain and repair the uniform. 5. The City agrees to furnish required protective clothing and safety equipment. J - 30 Section D - Overtime Pay 1. Overtime hours are those hours which the employee is authorized to work in excess of their regularly scheduled shift, excluding shift trading. 2. Authorized overtime hours worked shall be paid at the rate of time-and-one-half the employee's regular rate of pay. 3. Overtime pay shall not be compounded with any other form of premium pay to the employee. 4. Personnel being transferred to another shift will not be entitled to overtime pay,provided that not more than one transfer shall be made annually. Section E - Call-Back Pay An employee called back to work on other than their regularly scheduled shift shall be compensated a minimum of two hours at the overtime rate of pay. Provided, however, the two-hour minimum shall not apply to call backs within less than two hours of the start of the employee's regularly scheduled shift or time contiguous to the end of a regularly scheduled shift. Compensation for call backs with less than 2 hours before the assigned shift shall be paid at a minimum of 1 hour at the overtime rate of pay. Compensation for contiguous hours at the conclusion of the shift shall be paid at the overtime rate of pay for actual hours worked, rounded to the nearest 1/2 hour. Hours worked beyond the minimum shall continue to be paid at the overtime rate until relieved of duty, or until the employee's regular shift begins, calculated to the nearest �/z hour. Section F—Medic Unit Pay: Employees assigned to the Medic Unit during a second work shift in the series, will receive $40 for that shift. Employees who are assigned to work on the Medic Unit a third work shift in the series, will receive $80 for that third shift. Within their scheduled 28 day cycle, floaters will be eligible for $40 for each shift over 3 worked on the medic unit and $80 for each shift over 6 worked on the medic unit. The medic unit pay will only apply when an employee is working multiple shifts during a series on their assigned shifts. Overtime shifts and trades would not be eligible for this Medic Unit pay. A probationary Firefighter, who is assigned to the Medic Unit, due to the following, will not be eligible for Medic Unit Pay: 1. As part of their assigned training; 2. for purposes of probationary evaluation; or 3. is ineligible to fill another position. A probationary Firefighter is eligible to receive Medic Unit pay under this provision when any of the above does not apply. If the Department implemented an operational change that reduced the primary medic unit's workload, this pay will be renegotiated and adjusted accordingly. The shift officer shall first make shift assignments based upon staffing requirements, then shall assign staff avoiding medic unit pay. J - 31 Section G- Fire Prevention Assignment Pav An employee assigned to the Fire Prevention Division of the Fire Department shall receive premium pay of$75 per month. After the employee has successfully obtained their ICC Fire Inspection Certification, the employee shall receive an additional $50 per month (total of $125 per month premium pay). The City shall assist the employee in obtaining the ICC certification within the first six (6) months of having been placed in the Fire Prevention Division. Section H - Compensatory Time -Non Shift Personnel Only Compensatory time may be granted in lieu of overtime. Compensatory time may be accrued up to 80 hours for day personnel. The employee shall have the option of overtime or compensatory time. Compensatory time will be given at the rate of time-and-one-half. Section I - Specialist Pav Employees who meet the following criteria are eligible to receive $50 a month for specialist pay. Criteria: Employees shall participate in training and response for technical rescue. 50% attendance at monthly technical rescue drills, as well as 50% attendance at quarterly exercises is required. In addition, within one year of signing the letter of intent to participate,personnel shall meet the prescribed standards for technician-level qualification in at least one of the following: • Trench rescue • Confined space rescue ❑ Structure collapse rescue ❑ Rope rescue Attendance and qualification will be monitored on a six-month basis. Failure to meet minimum required drills will constitute a loss of specialist pay—which will begin again once the employee meets the qualification and training requirements over the next six-month review period. Off duty participation in technical rescue training will be compensated with overtime or comp time as outlined in Article IV of this union contract. Employees who show up for a regularly scheduled drill that is subsequently cancelled will receive credit for attendance. Employees who are on-duty and unable to attend a scheduled drill—either due to drill location or emergency response—will not have that drill considered in the total number of drills for attendance percentage. J. Floater Incentive Pa v: An employee who is assigned to be one of the Floater positions in the Fire Department shall receive an additional 3% on their hourly wage, based on the rate of pay for their specific classification, as listed in the current salary schedule. J - 32 ARTICLE V -PAID LEAVE BENEFITS Section A —Vacation: Vacation leave is accrued on a bi-weekly bases. The hours per year divided by 26 payperiods. Vacation leave with pay will accrue to each member of the union working a 24-hour shift schedule at the following rate: Maximum Length in Service Shifts (24 hours) Hours Accrual 1 - 5 continuous years 5 shifts 120 240 6 -10 continuous years 7.5 shifts 180 360 11-15 continuous years 10 shifts 240 480 16 -20 continuous years 12.5 shifts 300 600 21 continuous years 15 shifts 360 720 Vacation leave with pay will accrue to each member of the Union working an 8-hour shift schedule at the following rate: Maximum Length in Service Shifts (8 hours) Hours Accrual 1 - 5 continuous years 10 shifts 80 160 6 - 10 continuous years 15 shifts 120 240 11 -15 continuous years 20 shifts 160 320 16 -20 continuous years 25 shifts 200 400 21 continuous years 30 shifts 240 480 Vacation leave with pay will accrue to each member of the Union working a 9-hour shift schedule (45 hour work week) at the following rate: Maximum Length in Service Hours/Year Accrual 1 - 5 continuous years 151 241 6 - 10 continuous years 196 331 11 -15 continuous years 241 421 16 -20 continuous years 286 511 21 continuous years 331 601 a. Vacation will be granted only after the completion of one (1) full year's service. Thereafter, the leave credited for any month of service may be taken in any subsequent month. b. Scheduling of vacation (vacation, "K" days, floating holidays) for the upcoming year will be conducted by the second Tuesday of December. Leave requests will be picked based on department seniority. Each member may take up to a maximum of nine consecutive shifts off per pick, after such time the bid for vacation will rotate to the next senior person. J - 33 At the time of leave scheduling for the upcoming year, the Union will identify and guarantee a minimum of four time periods (ABC, BCA, CBA) in which no leave will be granted. These "blocked periods" will be exclusively used as dedicated training days to address state mandated training requirements. Forty-five days shall be provided between the scheduled leave request to the first blocked training period. Aside from the "blocked periods", leave requests conducted by the second Tuesday of December shall be guaranteed provided that established department manning levels are maintained, with utilization of the floater. When the Department wishes to establish additional dedicated training in which no leave will be granted, the Department shall identify the day(s) and place them on the leave calendar 45 days in advance. Previously approved leave will not be rescinded to accommodate additional dedicated training. To decrease the likelihood of interruptions during the dedicated training periods, the City agrees to provide first out EMS coverage by either using daytime employees when available, or two off duty employees. EMS coverage assignments shall be filled in the same manner as overtime shift assignments. c. Unscheduled leave will be requested in advance and is subject to approval by the Department Head, provided the unscheduled leave request will not interfere with the work of the department. d. Previously approved leave may only be rescinded in the event of a catastrophic emergency. e. No employee shall be permitted to accumulate vacation in excess of the amount earned in a two (2) year period. f. Personnel transferring from a 24 hour shift schedule to a 8 or 9 hour shift schedule, or vice versa, shall, at the date of transfer, have their annual leave accumulation rate adjusted to reflect the new working hours; no reduction or addition shall occur in previously accumulated annual leave. Payment for Unused Vacation Employees shall be paid for unused vacation leave accrued at their base hourly rate (i.e., straight time) upon leaving City service; except no payment will be made for employees who terminate City service during the initial probationary period. Section B—Holidays For the purposes of this contract period, the parties recognize the following holidays: New Year's Day Labor Day Washington's Birthday Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas Day Three(3) Floating Holidays J - 34 Floating holidays for new employees shall be pro-rated, basis on the employee's hire date, as follows: Date of Hire Shall Receive January through April 3 Floating Holidays May through August 2 Floating Holidays September through December 1 Floating Holiday Each floating holiday shall be one 24-hour shift to be taken as vacation, subject to department manning requirements. The three floating holidays are excluded from cash payment as described below and are taken in the same manner as vacation leave. The named holidays above, excluding the floating holidays, shall not be observed, but shall be paid for in cash at the individual employee's base rate of pay. These eight holidays shall have an annual value of 106 hours for each employee on a 24-hour shift. Each individual holiday shall be equal to 13.25 hours (106/8 holidays = 13.25 hours). Holiday pay shall be paid, in arrears, twice annually, one-half the amount owed (i.e., 53 hours) on the payday after July 4th, and the remaining half owed the last pay day of the calendar year. Any employee absent because of illness, injury, or disability and scheduled to work on a named holiday, shall have the value of one holiday (13.25 hours) deducted from the amount owed for the next holiday payment. If an employee is absent for 28 consecutive days or more, the employee shall not receive holiday pay from the 29th day on, regardless of whether or not they are scheduled to work the holiday. Any employee who resigns, retires, or terminates during the year shall have their holiday pay pro-rated for the number of holidays worked for that calendar year. Any new employee hired shall receive holiday pay, pro-rated for the period of the calendar year worked, calculated from the employee's hire date. NOTE: The Firefighter/Paramedic and Lieutenant assigned as "floater" are included in the holiday pay above for employees working a 24-hour shift. Section C - Sick Leave Sick leave is a privilege and may only be used in the event of actual illness of the employee or family member as defined in this Section. LEOFF II employees newly hired shall be granted their first years' sick leave accrual in advance, equal to 288 hours. At the end of the first year's employment, the employee shall continue their monthly accrual of 24 hours/month. 24 hour shift employees: LEOFF II 24 hours per month 8 hour shift employees: LEOFF II 16 hours per month 9 hour shift employees: LEOFF II 18 hours per month J - 35 Maximum Accrual: The maximum accrual of sick leave for LEOFF 11 employees is 2,000 hours. Conversion of Sick Leave: Personnel transferring from a 24-hour shift to an 8 or 9 hour shift, or vice versa, shall at the date of transfer have their sick leave accumulation adjusted to reflect the new shift. No reduction or addition shall occur to previously accumulated leave. Notification of Sick Leave: In the event an employee is sick and unable to report to work, the employee shall notify the Department as soon as possible, but in no event, no later than one hour prior to the beginning of their shift. Documented abuse or misuse of sick leave shall result in disciplinary action. Proper Use of Sick Leave: Where the facts are established to the satisfaction of the Department Head, sick leave may be used for the following reasons, with approval of the Fire Chief: 1. Illness or injury to the employee, on or off the job. 2. Illness or injury to an immediate family member requiring the attendance of the employee to care for the family member. For purposes of this subsection, family members shall be defined as spouse, children, step-children,parents, and grandparents. 3. Funeral/bereavement leave: Sick leave used for funeral or bereavement leave shall be limited to three shifts in any one instance unless approved by the Department Head for additional time. Duration of Sick Leave Use: An employee requesting sick leave may use such time for actual illness or injury as defined in this section. If the Department Head has reasonable cause to believe that the employee has abused or misused sick leave, the Department Head may require a doctor's letter for verification of illness for the employee or family member. Sick leave may also be used for medical, optical, or dental appointments, and may be used in 30-minute increments. Section D -Family Leave Pursuant to the City Personnel Policy and Procedures Manual, Section 7.06, an employee is entitled to up to 12 weeks of family leave to care for a newborn child, newly adopted child, or a child under 18 years of age with a terminal health problem. See City Personnel Policy and Procedures Manual, Section 7, Leave of Absence, 7.06, Family Leave. Personnel utilizing leave for FMLA shall be prohibited from all shift work, responses or training activities. J - 36 ARTICLE VI -HEALTH BENEFITS A. Medical, Dental and Vision Coverage Medical Coverage: Medical Insurance will be the AWC HealthFirst plan. Employees shall pay 12.5% of the monthly medical premium for dependents only. Employees are covered at 100% paid by the City. ffle non The City shall provide $250 to each employee enrolled in HealthFirst in January, to cover incidental co-pays related to the medical plan. This payment may be made by the employer into the AFLAC FlexPlan, on an individual election basis, subject to the terms of the FlexPlan benefit program. This will avoid payroll taxes on the $250, otherwise it is taxable earnings. The City agrees to maintain the existing benefits for the duration of the contract. The parties agree that any changes made by AWC to the medical plan level of benefits shall be incorporated as part of this document. If there are changes to the medical benefits the City will notify the Union. Either party may request impact bargaining on these changes. Dental coverage shall be paid for by the City, for the life of the agreement, for the AWC Dental Plan F. Vision coverage shall be paid for by the City and coverage shall be through the AWC Vision Service Plan, $25 deductible option. The City reserves the right to change insurance carriers as long as the employee benefits are not affected. Any such change will be coordinated with IAFF 4656. Wellness Benefit: The City agrees to provide $5,000 annually for a Fire Department Wellness Benefi . blegififiliflIg in the 2012 budget. The City and the Union agree to ° 4s4+-maintain a committee M-2-044-to develop the wellness program criteria wand monitor how this money will be used. The Committee will have representatives from the Fire Union, Fire Management, and Human Resources. The funds will be in the Fire Department Budget. B. Crisis/Trauma Counseling The City agrees to provide crisis/trauma counseling for on-the-job incidents for employees. The crisis/trauma counseling may be on a group or an individual basis. Requests for such counseling shall be made to the Fire Chief. The City further agrees to expand coverage beyond the medical plan coverage to include coverage for out-patient psychological services for employees up to ten (10)visits per year. The claims would be processed through the health plan, with unpaid charges up to the 10 visits paid for by the City. Employees will be responsible for submitting receipts or Explanations of Benefits for charges. City liability will not include charges in excess of usual and customary. J - 37 C. Term Life Insurance The City agrees to provide term life insurance equal to one-times the employees annual salary, rounded to the nearest thousand, with a maximum policy of $50,000. The terms and conditions of the life insurance policy are as listed in the plan policy provided to employees. D. Employee Assistance Program The City agrees to maintain an Employee Assistance Program for the duration of the Agreement. E. WSCFF Retiree Medical Trust The City shall make a deduction from the employees pay check and such contribution shall be on a pre-taxed basis from the base salary of each LEOFF 11 employee. The contributions shall be payable to the Washington State Council of Firefighters Employee Benefit Trust. The contribution rate shall be deducted from the employee's paycheck on a pre-taxed rate of $75.00 per month, or as amended by the Board of Trustees. These contributions shall be included as salary for purposes of calculating retirement benefits. J - 38 ARTICLE VII - GRIEVANCE PROCEDURE A grievance is defined as a complaint by an employee concerning the interpretation or application of this Agreement. A grievance may be filed when an employee believes an injustice has been done because of an unfair application of a Department rule/regulation or policy. Disciplinary appeals are excluded from this procedure, which are subject to the Civil Service ordinance, rules and regulations of the Civil Service Commission. For purposes of this grievance procedure, a working day is defined as a calendar day, excluding Saturday, Sunday, and legal holidays. Time Limits Time limits are established to settle grievances quickly. Time limits may be extended by mutual agreement of the parties. If the grievance is not resolved with the decision rendered, it is the grievant's responsibility to initiate action which submits the grievance to the next step within the time period specified. Failure of the employee/Union to submit the grievance within the time limits specified shall terminate the grievance process and the matter shall be considered resolved. Failure of the City to respond within time limits will allow the grievance to automatically proceed to the next level of the grievance procedure. Rights and Restrictions of the Parties 1. A party to the grievance shall have the right to record a grievance meeting at the expense of the requesting party. 2. An employee may have a representative present at all steps of the grievance procedure. 3. Grievances of an identical nature involving an alleged violation of the same Article, Section, etc., concerning the same subject matter may be consolidated. Grievance Steps: Step 1 -Union Grievance Committee A grievance may be initiated by an employee submitting a written grievance to the Union Grievance Committee providing: A. The nature of the grievance; B. Alleged violation by Contract Section, Department Rule/Regulation, Policy, etc.; and C. The desired resolution, together with any supporting documentation attached to the written grievance. The grievance must be submitted within twenty (20) working days of the alleged violation or within twenty (20)working days of the date the employee had knowledge of the occurrence. The Union Grievance Committee shall review and determine if the grievance is justified. If, in the opinion of the Grievance Committee, the grievance is not valid, no further action shall be taken. J - 39 If the Union Grievance Committee determines that the grievance is valid, the Union and/or the employee may present the grievance to the next level of the grievance procedure, the Department Head. Step 2 -Department Head Within ten (10) working days of receipt of the grievance by the Union Grievance Committee, the grievance shall be forwarded to the Fire Chief who shall review the grievance and meet with the employee and/or representative, if requested, as soon as possible to review the matter and shall issue a written decision within five (5) days after such a meeting. If the grievance is not resolved to the satisfaction of the employee/Union after receipt of the Department Head's written decision, the matter may be referred to Step 3 of the Grievance Procedure, the City Manager. Step 3 - City Manager The Union has five (5) days in which to submit the written grievance to the City Manager after receipt of the Department Head's written decision. The City Manager will meet with the grieved employee and representative, if requested, Department Head, and Human Resources Manager to review the grievance and all supporting documentation. After that meeting, the City Manager has ten (10) working days to issue a written decision concerning the grievance. If the decision of the City Manager does not resolve the grievance to the satisfaction of the employee/Union, the grievance may be submitted to the final step of the Grievance Procedure, binding arbitration. A request for binding arbitration must be submitted to the City Manager within ten (10)working days after receipt of the decision of the City Manager. Step 4 -Binding Arbitration The Union and the City will jointly request from the American Arbitration Association a list of seven (7) arbitrators and upon receipt of this list, the parties will toss a coin to see who strikes the first name and then each shall alternately strike a name, to arrive at an arbitrator who will hear the grievance. However, the parties may mutually agree to an arbitrator without using the above arbitration service. The parties agree that the grievance shall be heard, before the arbitrator selected, at the earliest possible date. The decision of the arbitrator shall be final and binding upon the parties. However, the arbitrator shall not have the ability to alter or amend any portion of the labor Agreement. The cost of the arbitration process shall be shared equally between the parties. Any cost or fees related to the presentation of the case for each respective party shall be the responsibility of that party and shall not be shared as part of the arbitrator's expenses. The arbitrator shall issue a written decision to the parties within thirty (30) days of the close of the hearing. J - 40 ARTICLE VIII -DURATION The parties agree that the term of the Labor Contract between the City of Port Angeles and IAFF Local 4656 shall be January 1, -2015 through December 31,244-42015. IN WITNESS WHEREOF, we attach our signatures this day of Septembetz 244-3-October 2014. CITY OF PORT ANGELES IAFF LOCAL 4 656 Dan Di Guilio, Mayor Mike Sanders, Union President Dan McKeen, City Manager Dan Montana, Negotiation Team Member Abbi Fountain, Human Resource Manager Jeremy Church, Negotiating Team Member J - 41 Annual Hrs. 2,588.00 2,080.00 2,340.00 Monthly Hrs. 215.67 173.33 195.00 Bi-Weekly Hrs. 99.54 80.00 90.00 Weekly Hrs. 49.77 40.00 45.00 COLA/Pay Increase Factor= 102.00% Occup.Code,Range,& Classification Steps Annual Work Hours Hourly Bi-Weekly Monthly Annual RANGE 01 1 2,588 $ 22.189 $ 2,208.66 $ 4,785.43 $ 57,425.16 ........................... Occup.Code 3000 2 2,588 $ 23.303 $ 2,319.57 $ 5,025.73 $ 60,308.76 ........................... 3 2,588 $ 24.513 $ 2,439.97 $ 5,286.60 $ 63,439.20 ........................... 4 2,588 $ 25.763 $ 2,564.36 $ 5,556.12 $ 66,673.44 .............5........... 2,588 $ 27.073 $ 2,694.76 $ 5,838.64 $ 70,063.68 .............fi........... 2,588 1$ 28.468 $ 2,833-641 $ 6,139.55 $ 73,674.60 RANGE 02 1 2,588 $ 23.785 $ 2,367.53 $ 5,129.65 $ 61,555.80 ........................... Occup.Code 3001 2 2,588 $ 24.965 $ 2,484.93 $ 5,384.02 $ 64,608.24 ........................... 3 2,588 $ 26.194 $ 2,607.33 $ 5,649.22 $ 67,790.64 ........................... 4 2,588 $ 27.484 $ 2,735.72 $ 5,927.39 $ 71,128.68 .............5........... 2,588 $ 28.844 $ 2,871.11 $ 6,220.74 $ 74,648.88 .............fi........... 2,588 1$ 30.400 1$ 3,025.98 $ 6,556.28 $ 78,675.36 RANGE 03 1 2,588 $ 31.926 $ 3,177.85 $ 6,885.35 $ 82,624.20 Occup. ode 3002 P .............2........... 2,588 $ 32.508 $ 3,235.80 $ 7,010.91 $ 84,130.92 .............3........... 2,588 $ 33.487 $ 3,333.23 $ 7,221.99 $ 86,663.88 RANGE 04 1 2,588 $ 22.586 $ 2,248.13 $ 4,870.95 $ 58,451.40 ........................... Occup.Code 3004 2 2,588 $ 23.705 $ 2,359.54 $ 5,112.33 $ 61,347.96 ........................... 3 2,588 $ 24.909 $ 2,479.44 $ 5,372.12 $ 64,465.44 Class Not In Use 4 2,588 $ 26.154 $ 2,603.33 $ 5,640.55 $ 67,686.60 .............5........... 2,588 $ 27.469 $ 2,734.22 $ 5,924.15 $ 71,089.80 .............fi........... 2,588 $ 28.869 $ 2,873.61 1 $ 6,226.15 $ 74,713.80 RANGE 05 1 2,588 $ 22.852 $ 2,274.60 $ 4,928.31 $ 59,139.72 ........................... Occup.Code 3006 2 2,588 $ 23.966 $ 2,385.52 $ 5,168.62 $ 62,023.44 ........................... 3 2,588 $ 25.175 $ 2,505.91 $ 5,429.48 $ 65,153.76 Class Not In Use 4 2,588 $ 26.420 $ 2,629.81 $ 5,697.92 $ 68,375.04 .............5........... 2,588 $ 27.735 $ 2,760.70 $ 5,981.52 $ 71,778.24 .............fi........... 2,588 $ 29.135 $ 2,900.09 $ 6,283.52 $ 75,402.24 RANGE 06 1 2,588 $ 31.926 $ 3,177.85 $ 6,885.35 $ 82,624.20 P .............2........... 2,588 $ 32.508 $ 3,235.80 $ 7,010.91 $ 84,130.92 Occup.Code 3007 1 •• .............3........... 2,588 $ 33.487 $ 3,333.23 $ 7,221.99 $ 86,663.88 RANGE 07 1 2,588 $ 24.182 $ 2,407.00 $ 5,215.16 $ 62,581.92 ........................... Occup.Code 3008 2 2,588 $ 25.361 $ 2,524.40 $ 5,469.53 $ 65,634.36 ........................... 3 2,588 $ 26.591 $ 2,646.80 $ 5,734.73 $ 68,816.76 Class Not In Use 4 2,588 $ 27.886 $ 2,775.69 $ 6,013.99 $ 72,167.88 .............5........... 2,588 $ 29.241 $ 2,910.58 $ 6,306.25 $ 75,675.00 .............fi........... 2,588 1$ 30.797 $ 3,065-451 $ 6,641.80 $ 79,701.60 RANGE 08 1 2,588 $ 24.443 $ 2,432.98 $ 5,271.45 $ 63,257.40 ........................... Occup.Code 3009 2 2,588 $ 25.627 $ 2,550.88 $ 5,526.90 $ 66,322.80 ........................... 3 2,588 $ 26.857 $ 2,673.27 $ 5,792.09 $ 69,505.08 Class Not In Use 4 2,588 $ 28.147 $ 2,801.67 $ 6,070.28 $ 72,843.36 .............5........... 2,588 $ 29.507 $ 2,93ZO6 $ 6,363.62 $ 76,363.44 .............fi........... 2,588 $ 31.063 1$ 3,091-931 $ 6,699.18 $ 80,390.16 RANGE 09 1 2,588 $ 34.937 $ 3,477.60 $ 7,534.80 $ 90,417.60 Occup. ode 3003 P .............2........... 2,588 $ 35.575 1$ 3,541.06 $ 7,672.29 1$ 92,067.48 .............3........... 2,588 $ 36.644 1$ 3,647.46 $ 7,902.84 $ 94,834.08 RANGE 10 m 2,588 $ 28.914 $ 2,878.10 $ 6,235.88 $ 74,830.56 .....Occup.Code 3010 ..... 2,588 $ 30.405 1$ 3,026.48 $ 6,557.37 $ 78,688.44 RANGE 11 1 2,588 $ 30.807 $ 3,066.45 $ 6,643.97 $ 79,727.64 ........................... Occup.Code 3011 .............2........... 2,588 $ 32.468 $ 3,231.81 $ 7,002.26 $ 84,027.12 J - 42 PARKS, RECREATION & BEAUTIFICATION COMMISSION MEETING Port Angeles, Washington September 18, 2014 CALL TO ORDER—REGULAR MEETING: Chairperson Shargel called the regular meeting of the Port Angeles Parks,Recreation&Beautification Commission to order at 6:00 p.m. ROLL CALL: Members Present: Chairperson Shargel, Vice Chairperson Stratton,Commissioners Young,Forrest, and Murray. Members Absent: Commissioners Pittis and Merritt. Staff Present: Director Delikat and Secretary Kochanek. APPROVAL OF THE MINUTES: It was moved by Stratton and seconded by Forrest to: Approve the minutes of the May 15, 2014 regular meeting and the September 4, 2014 special meeting. Motion carried 5-0. PUBLIC COMMENT: None. FINANCE: 1. Monthly Fee Revenue Report/Quarterly Report Director Delikat reviewed with the Commissioners the Parks&Recreation Monthly Fee Revenue Report and moved the Parks&Recreation Quarterly Report to the October 16,2014 meeting. LEGISLATION: None. LATE ITEMS: None. DIRECTOR'S REPORT-(PowerPoint Presentation): 1. Field Renaming Director Delikat informed the Commissioners that the City Council approved his recommendation to authorize the renaming of Lincoln Park Field 1 to the Jim Lunt Memorial Field.He invited the Commissioners to the field dedication and the Jim Lunt celebration of life to be held on September 27,2014 at Lincoln Park.He stated that the City of Port Angeles lost a community leader, an advocate of youth baseball and softball, and someone who volunteered and served as a president of the North Olympic Baseball and Softball programs for more than 30 years. 2. Veteran's Advisory Committee Director Delikat discussed the possibility of using the Clallam County Veteran's Association as Advisory Sub- Committee for plaques and monuments at Veteran's Park. He stated that he is in the process of drafting a policy and will be bringing it before the Commissioners next month after it is discussed with the Veteran's Association. 3. CFP Projects Director Delikat updated the Commissioners on the Capitol Facility Plan projects.He stated that the Vern Burton Memorial Community Center roof project should be competed Monday and the boiler for Civic Field has been delivered. He discussed the Civic Field lighting project and the changes that will be made to the City Hall parking lot and entrance during the re-paving project. M - 1 4. Parks Maintenance 2014 Project Review Director Delikat stated that park maintenance still remains a high priority for the Parks&Recreation Department. He informed the Commissioners that the Erickson Playfield tennis court backboard has been repaired,the roof on the Chapel at Ocean View Cemetery has been replaced, several parks signs have been replaced, and the metal railings at the Esplanade have been treated and polished. He stated that the Born Learning Trail was installed at Shane Parks and thanked Janet Young and his staff for all the hard work. He informed the Commissioners that Ocean View Cemetery recently opened a new section of 365 burial spaces.He reviewed with the Commissioners future maintenance projects that still need to be addressed. 5. Parks&Recreation Events Director Delikat informed the Commissioners that the Parks&Recreation Men's Softball, Women's Softball, and Co-Ed Softball leagues have finished.He stated that Parks&Recreation hosted three new softball tournaments with twenty five teams and that Parks&Recreation assisted with the sixteen to eighteen year olds State Tournament.He congratulated the Women's Softball League on their championship win. He updated the Commissioners on the After School Program,Rec X Press Summer Day Camp, Youth and Family Art Club through the Port Angeles Fine Arts Center, and the Youth and Family's first art show that was held in the Vern Burton Memorial Community Center. He reminded the Commissioners about the upcoming Daddy Daughter Dance that will be held in the Vern Burton Memorial Community Center September 20,2014 at 5:30 p.m.He stated that the Senior Games and the Fine Arts Center Paint the Peninsula Plein Air Festival were successful. 6. Contracts/Agreements Director Delikat informed the Commissioners that he continues to work on Facility Use Agreements with the Farmer's Market and the Art Feiro Marine Life Center. 7. Future Items Director Delikat commented that he would be discussing future topics, such as the 2015 budget and will have presentations by the Youth and Family Coordinator, Senior Center Manager, and the Fine Arts Director. 8. Questions/Comments Director Delikat informed the Commissioners that Recreation Coordinator Assistant Betra Rengiil has resigned to attend school and he stated that they will be looking to replace the position in the near future. ADJOURNMENT: Chairperson Shargel adjourned the meeting at 6:50 p.m. Next meeting October 16,2014 Vern Burton Memorial Community Center meeting room#3 at 6:00 p.m. i David Shargel,Chairpers Cindy Ko Secretary Page 2 of 2 M - 2