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Home My WebLink About10152024 CC Agenda Packet October 15, 2024 Port Angeles City Council Meeting Page 1 October 15, 2024 City of Port Angeles Council Meeting Agenda This meeting will be conducted as a hybrid meeting. In hybrid meetings, members of the public, Council members, and City sta ff have the option to attend the meeting in person, in Council chambers at City Hall located at 321 East 5th Street, Port Angeles, or remotely via telephone or video link. 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. The Mayor will determine time of break. Hearing devices are available for those needing assistance. The items of business for regular Council meetings may include the following: A. Call to Order – Regular Meeting at 6:00 p.m. B. Roll Call, Pledge of Allegiance Ceremonial Matters, Proclamations & Employee Recognitions 1. Resiliency Month Proclamation 2. Arbor Day Proclamation C. Public Comment The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an or derly and timely manner. Visit https://www.cityofpa.us/984/Live-Virtual-Meetings to learn how to participate during public comment and or watch the meeting live. Written public comments can be submitted to: council@cityofpa.us, comments will not be read aloud. For audio only please call: 1-844-992-4726 Webinar number: 2555 103 1245 Webinar password: QmMjqmpW255 (76657679 when dialing from a phone or video system) Once connected, press *3 to raise your virtual hand if you wish to make a comment or public testimony. You will be notified w hen it is your turn to speak. Webex link: https://cityofpa.webex.com/cityofpa/j.php?MTID=mbd1f225eb9f976cf31c312873d306339 If you wish to make a comment or public testimony, please use the “raise your hand” feature in Webex. You will be notified when it is your turn to speak. These access codes are good for the October 15, 2024 meeting only. Members of the public may address the City Council at the beginning and end of any Regular Meeting under "Public Comment." During the "Public Comment" portion of the meeting, individuals may speak to agenda items, except those scheduled for a Publi c Hearing. The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an orderly, timely manner. At any time, the presiding officer, in the presiding officer's sole discretion, may set such reaso nable limits as are necessary to prevent disruption of other necessary business. At its most restrictive, Public Comment shall be limited to a total of 15 minutes for the first Public Comment period and shall be concluded not later than 9:45 for the second Publi c Comment period. Individuals may speak for three (3) minutes or less, depending on the number of people wishing to speak. If more than 20 peop le are signed up to speak each speaker may be allocated two (2) minutes. Individuals who are residents of the City or own businesses within the City will be called to speak first, with preference gi ven to those who wish to speak to an item on the meeting’s agenda. If time remains, the presiding officer will call other individua ls wishing to speak, generally in the order in which they have signed in. If time is available, the presiding officer may call for addition al unsigned speakers. Persons speaking shall state their name, whether they reside within the City limits, whether they have any other pertinent co nnection to the City, and whether they are appearing as the representative of an organization. Excerpts: Council Rules of Procedure Section 12 October 15, 2024 Port Angeles City Council Meeting Page 2 D. Late Items To be placed on this or future agendas, including any executive session needed during or at the end of the meeting. E. Consent Agenda | Approve 1. Expenditure Report: From September 21, 2024 to October 4, 2024 in the amount of $2,261,903.52............................. E-1 2. Material Purchase: Wooden Utility Poles / 1) Award a contract to WESCO Distribution, Inc. of Portland, OR in the amount of $78,006.60, including tax, for the purchase of fifty (50) wooden utility poles and; 2) authorize the City Manager to execu te all contract-related documents, to administer the contract, and to make minor modifications as necessary. ............. E-19 3. Facility Use Agreement - Coastal Community Action Program / 1) Authorize the City Manager to sign a Facility Use Agreement with Coastal Community Action Program, and 2) allow the City Manager to make minor modifications to the Agreement, if necessary. .................................................................................................................................................. E-20 4. Harbor Cleanup Process – Attorney Engagement Agreement / Authorize the City manager to approve and execute a standard Engagement Agreement with Cascadia Law and to make minor modifications as necessary ........................................ E-27 5. Landfill Beach Nourishment CON 2024-29 Final Acceptance / 1) Accept the Landfill Beach Nourishment project CON 2024- 29 as complete, and 2) authorize staff to proceed with project closeout, and 3) release the retainage upon receipt of all required clearances. ........................................................................................................................................................ E-28 6. Pad-Mounted Transformers - Bid Rejection – MEC-2024-09 / 1) Reject all bids received for the Pad-Mounted Transformers, MEC-2024-09, and 2) direct staff to re-bid at a later time. ........................................................................................... E-29 7. Resolution Designating Applicant Agent – Hazard Mitigation Assistance Program / 1) Authorize the Mayor to designate an applicant agent for the State of Washington Hazard Mitigation Grant Program and, 2) sign the Resolution Designating Applicant Agent for grant application submittal. ........................................................................................................... E-30 F. Public Hearings | 6:30 p.m. or Soon Thereafter To provide public testimony, follow the instructions for general public comment sections. Public hearing testimony should be shared during the Public Hearing portion of the meeting , rather than the general public comment sections. 1. Resolution in Support of Port Angeles School District #112 Proposition 1 – Replacement Educational Programs and Operation Levy Resolution No. 2324-10, and Proposition 2 – Bonds to Replace and Renovate Deteriorating Schools and Improve Safety Resolution No. 2324-11 set to appear on the November 5, 2024 ballot / Open the Public Hearing / Hear Public Comment, Pro and Con, on School District #112 Proposition 1 – Replacement Educational Programs and Operation Levy Resolution No. 2324-10 and School District #112 Proposition 2 – Bonds to Replace and Renovate Deteriorating Schools and Improve Safety Resolution No. 2324-11, allowing equal time to each side, those for and against the matter / Close the Public Hearing / Council may express a collective decision to support one or both of the ballot propositions or adopt the attached Resolution that supports both propositions / Council may make and adopt a motion that in other words expresses its support for the Ballot Propositions. . ......................................................................................................... F-1 2. Proposed Adjustments to the 2025 Utility Rates / Continue the Public Hearing / Close the Public Hearing / Pass Resolution .............................................................................................................................................................. F-27 3. Public Hearing on the 2025 Budget Revenue Sources / Open the Public Hearing / Close the Public Hearing ............. F-42 G. Ordinances Not Requiring Council Public Hearings 1. Municipal Code Update 24-88 to the Port Angeles Municipal Code Title 17 and Tile 2 for Minor Deviation Permits and Conditional Use Permits / Conduct 2nd Reading / Adopt Ordinance ............................................................................... G-1 2. City of Port Angeles Law Enforcement Officers and Fire Fighters I Disability Board / Conduct 1st Reading / Waive 2nd Reading / Adopt Ordinance ............................................................................................................................................. G-43 H. Resolutions Not Requiring Council Public Hearings ....................................................................................... None I. Other Considerations 1. Port Angeles Fire Department and District 2 Fire / Presentation by Port Angeles Fire Chief Sharp and District 2 Chief Patterson 2. Public Defender Case Load Proposed Standards / Presentation by Clallam County Prosecuting Attorney Mark Nichols J. Contracts & Purchasing 1. Professional Services Agreement Award PSA-2024-25 - Pavement Management Plan ................................................. J-1 October 15, 2024 Port Angeles City Council Meeting Page 3 PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. City Council may set a public hearing in order to receive public input prior to making decisions which impact citizens. Certain matters may be controversial and City Council may choose to seek public opinion through the public hearing process. K. Council Reports L. Information City Manager Reports: 1. September Past Due Utility Report ................................................................................................................................. L-1 2. January to September Building Report ........................................................................................................................... L-2 M. Second Public Comment Follow the instructions from the first public comment period. Adjournment r-EJ PROCLAMATIOI$ In Recognition of October 2024 as Resilience Month WHEREAS,there is compelling scientific evidence of a correlation between negative childhood experiences (known as Adverse Childhood Experiences [ACEs]) and the resulting lifespan behavioral and health problems when ACEs are unrecognized and unaddressed; and WHEREAS,additional findings in the past 20 years since the publication of the original ACE Study inform us ofother adverse events to also be correlated to negative behavioral and health outcomes, such as toxic stress; historical, structural, environmental or community experiences of trauma; and I in 3 Clallam County residents identify as having 3 or more ACEs; and WHEREAS resilience is an antidote, with compelling scientific evidence that being able to rely on relationships to access resources and support in those moments of need can transform potentially toxic experiences into tolerable ones; and WHEREAS,resilience needs to be nurtured throughout life and is fostered through supportive relationships with caring adults and experiences that strengthen our core adaptive skills and built through protective factors at the community, organizational and individual levels; and WHEREAS,the Clallam Resilience Project is a consortium of over 50 organizations working together to foster resiliency for our residents, organizations, community, and systems. Using research from the NEAR sciences (neuroscience, epigenetics, ACES, and resiliency) they provide opportunities to connect, learn, and educate on how and why to apply trauma sensitive care county wide. During the month of October, the Clallam Resilience Project will be teaming up with community partners to offer events and activities focused on bringing people together to co-create a collective vision: building knowledge, skills, connections and resilience. NOW, THEREFORE, I, Kate Dexter, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby proclaim the month of October 2024 to be annual Resilience Month in Port Angeles and urge all residents to leam about ACEs and create a community that talks about and practices resilience strategies that promote wellness. Throughout October there are multiple free opportunities for ALL to engage in about how we can contribute to a community of Dexter, Mayor healing. October 15,2024 Proctramation trn recognition of Arbor Day Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas Whereas, on October 19,2024, the City will again partner with Paul Forrest and the City Shade Street Tree Project to provide community members over 200 trees to plant in the City's right of way. NOW, THEREFORE, I Kate Dexter, Mayor of Port Angeles, do hereby proclaim October 19,2A24, AS Arbor Day in the City of Port Angeles, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and further, I urge all citizens to plant and care for trees to gladden the heart and promote the well- in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and the holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and Arbor Day is now observed throughout the nation and the world; and trees can reduce the erosion of our precious topsoil by wind and water, lower our heating cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and trees serve as city infrastructure protecting and enhancing our six (6) creek corridors, marine bluff, open spaces and contributing to our community's quality of life; and trees are a renewable resource giving uS paper, wood for our homes, fuel for our fires and countless other wood products; and trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and trees, wherever they are planted ) afe a source ofjoy and spiritual renewal; and the City of Port Angeles is recognized as a Tree City USA, and an Arbor Day observance is an important responsibility of that designation; and Dexter, Mayor and future generations October 15,2024 City Council Meeting October 15, 2024 PUBLIC COMMENT SIGN-UP SHEET Are you* iyot l IIt+ @8t`�y Pot � Ies PLEASE SELE ` LICE' NG(S)Yt�U' O L� resident or TO SPEAK TO ANDIOR WRITE. IN PUBLIC COMMENT TOPIC ess lei':" 'PUBLIC HEARING: Port Angeles ❑ Public Comment School District#112 Proposition 1 Agenda Topic: 5xrf_ vF ) S�a roift- S(4�e dis{y<< f- Or No ❑PUBLIC HEARING: 2025 Utility Rates ��(a-fed oaf �/ SG(i� ((6 ❑PUBLIC HEARING: 2025 Budget IPd ylb�y,d Revenue Sources fy p I ❑PUBLIC HEARING: Port Angeles [g,Public Comment School District#112 Proposition 1 Agenda Topic: Ye or No ❑PUBLIC HEARING:2025 Utility Rates ,av �,, c�,►r� Gf ❑PUBLIC HEARING: 2025 Budget tDS C- C ij&J�S Revenue Sources _ J ❑PUBLIC HEARING: Port Angelesublic Comment �� School District#112 Proposition 1 Agenda Topic: -e Vt Yes or No ❑PUBLIC HEARING:2025 Utility Rates P6144 d� 5 ❑PUBLIC HEARING: 2025 Budget Revenue Sources ❑PUBLIC HEARING: Port Angeles C7Public Comment School District#112 Proposition 1 Agenda Topic: 010 or No ❑PUBLIC HEARING:2025 Utility Rates C e ❑PUBLIC HEARING: 2025 Budget 64v4.)Cc( e Revenue Sources ❑PUBLIC HEARING: Port Angeles ❑ Public Comment School District#112 Proposition 1 Agenda Topic: Yes or No ❑PUBLIC HEARING:2025 Utility Rates ❑PUBLIC HEARING: 2025 Budget Revenue Sources Individuals who are residents of the City or own businesses within the City will be called to speak first, with preference given to those who wish to speak to an item on the meeting's agenda. If time remains, the presiding officer will call other individuals wishing to speak, generally in the order in which they have signed in. If time is available, the presiding officer may call for additional unsigned speakers. Persons speaking shall state their name, whether they reside within the City limits, whether they have any other pertinent connection to the City, and whether they are appearing as the representative of an organization. Excerpts: Council Rules of Procedure Section J?ORTJ\ NJGELES 321 East Fifth Street W A S H I N G T O N , U . S Port Angeles, WA 98362 Correspondence submitted to the Port Angeles City Council during the public comment period to be made a part of the record of this meeting. WRITTEN PUBLIC COMMENTS SUBMITTED MEETING BODY etilfILCIY October 15,2024 INTO THE RECORD BY' C-?�/ l0 Port Angeles City Council and City StaffDATE: /0 /SS/ 42_0y In the fall of 2023 I became involved in a minor problem in the coffee bar at the Port Angeles Senior Center. rpresented I and some other concerned members a t q the center's Board of Directors and later attempted to discuss the situation with the other senior center administrators. We received no meaningful response. It became apparent that the senior center grievance procedure in the 2018 Policy Handbook was not being made available to the members. I think it's critical that a functional grievance procedure be instituted at the Senior Center. At this point this process should include access to a neutral third-party, preferably with expertise in whatever matter is being addressed. Members of the Senior Center deserve to be treated with the respect they've earned as the people that built this community. Gary Martin gmartin2400@gmail.com 360.775.1567 WRITTEN PUBLIC COMMENTS SUBMITTED October 15,2024 MEET N., BODY (� aAM_trt, City Council meeting ' 0.0-0 1 4E RECORD BY' itea4 A. /VIGII'�.�Iw iw Good evening, Madam Mayor and City council members, I .,ATE. /D J 5 / Lf My name is Ileana Murphy Haggerty. ( Thank you again for the opportunity to speak to the City Council tonight. I have been a taxpaying member of the City of Port Angeles, since 1978. Thanks to Nathan West the Historical political round table will be able to continue to meet at the room, day, and time that it has been for 30 some years at the Senior Center. We appreciate that, however several issues are still unresolved. 1. Why has the notion that the Guiding Committee, as a 501 c3, is concerned about our ability to discuss politics and have political candidates as visitors, when no where in the IRS Guidelines is that considered a problem, why has that dictum not been quashed by the City of Port Angeles? We appreciate being able to continue to use the room at the Center, but the 501 c3 IRS issue is not a problem and it would be worthwhile to let the Guiding Committee know that. Their attorney believes it is a problem. 2. The lack of an effective grievance policy still remains an issue at the Senior Center, what assurance have we that another Senior member will not be banished ? Or as the charge was labeled "trespassed"? 3. We understand that the MOU is under review now. It would be helpful if we were able to participate in this review to prevent the bullying that has occurred in the past year or so against card carrying members of the Senior Center. My concern is what got me involved on May 23rd, after the President of the guiding committee and Carmen came to our meeting and presented us with a dictum without any willingness to hear our objections, instead saying that they have to leave,they have run outta time! After reading from a Washington handbook, not the IRS guidelines, In regards to the lack of a grievance process, The Banishment or trespassing was encouraged by the City Parks and Recs manager Cone Delikat, it was not done solely by Carmen, as was noted on emails to myself and in the Public Records request. What then is going to be set in place to avoid this mistreatment of Seniors, who are met with a choice of either abiding by the trespassing or banishment edict for 3 years, or seek council and go through a very lengthy and arduous hearing process. Lynn's is awaiting judgment by the end of this month,for a banishment or trespass charge from May 7th! Neither one, by the way, did or acted in any illegal or unlawful or in any way unkind manner. A grievance policy,that is effective and involves feedback is essential.Gary asked about a food policy, he was told there was a food policy,yet the board made up a food policy in November! After telling Gary that there was a food policy and he simply asked to see it. Now is an opportunity to consult with seniors at the senior center to participate in the MOU evaluation and review it to prevent this harassment in the future. Also consider offering the Senior Center Management some hands on experienced personnel to avoid this intensely egregious response to asking about food policy, renewing a membership , and preventing an ongoing historical political discussion group from continuing its place at the Senior Center. My Canoe Family Who is in your canoe with you? Who is sitting next to you? Who is setting pace? Who is skippering or setting course of your canoe? As we begin to navigate our paths through this journey called life, it is easy to feel lost and alone. To remind ourselves of those who accompany us on this voyage, make a list of those who are in your canoe today.Take the time to personalize your canoe and paddles with your own unique designs. Add more family and friends and make it a colorful reflection of your life's journey! Pullers(list as many as you wish): Pace: Skipper: m w ` o-, ra ' ai !P i e44pa a a ,,„,.� M1`', ",, v ` �i'''.�5 k Pullers: Those who are paddling with O �4'�t yr as> farµ r��1' �V7 �'�{,�� , <you. (Example are your friends, a f (.�, SF family,'teachers,yourself) ' M �M from +r ", p '' sne who is�setting Skipper Sox nedwh 1 se a �o ,� �y v s�, 4 � K 0, r .t ° E1. ripe '6 ,your life i course t f yt ur fife. (Example your .- K4 r-e , rarents/; parents%guardian;yourseif) F{ ,- 2 t k ' , ,' 4,'',` , l W� 441 a w n , aq p p' 8 r' 'E" w :y; �1 a �,f f/ i d f „it ti3 R '.e - Nr mil+ ..{ t k ,�,, i 4 tN d ` 4 o •;, 4 ` :a ), � t �' #a';"` $4,1 1i, d'k ti i„ ri'� X,n' r ,,,' r� r 'l � t• i Ma Y W ye1.� i „ Y¢,t r i'r .�' ' n ;r .�, + ';tr. 4. �, ^-x - d 3. r ;y,3n' r a�, v y �. ~A r s t ' ,,r t§� "� t x y - r r fi r; a � � v& �'k r `�'' r 4 ', ',,;2 ''' a",n^ i,4 4 4� t 4 49 ';4t" w ` r f i ^rt �"i t! rt 1tic s✓°�' W a'iVfl s r . r` "" - . y� •.P �+ x r ,< e t a . ,u 3 8 • , - ,, .+n zr i r.-.. 'u,cx' i��'�e,g.';'e 3 �' ¢rw� tls 11 C�� ma � �,z t�rm 4 t '.}r 7 �X ?? at "1�� r ,, � , p ,,,,� . '� ", �r y w, a. r stw A ' ,: s � � 3 3� `4 'f,.,^„ r.. sv �Lk+ p 4M J. �r4.f{j �i T � ka ) , : 6T} }4V�4kR'> . 1L4 � ` i ''� �. ;1rIur } w� x ' ud :, 3� t3a, S--- u * ' n � ) ,'` , 6, 6 .° . xr '''' 4- .'. Pny ; d ' a .. httl}4, .1 r �i ' x "'� .' - ''4rr�4;M,G. � � " t �� r � .d � 5 t *� �y .. '• "i�7t E<,iy, o f s'. e s " n w' ,yk. +r:a C •re 1 . ,'sy . .rr «r,0 1 t 3 $`. , ,, ,, r tr """s'' 1 c.r�-- "��. � . � m 4,*'°3- r a;•a i r 1.Ss -tY rn "7.r b , .'' -frr 2 S i`^ '2 N ' nn�''�`r �+ � �� and;{} r;^'. c r4,+141,�. '+,��' f�rn' �.d� Y!�R�, ` ' '#wT`S y�>'�: h US l a0tae iiirolpw...i5 FA r� RESILIENCE MONTH SEP Dia de Culturas (In Person) / OC7 Peninsula College's Studium I. 00T \ Breaking the Silence Walk 28 Peninsula College, Forks 0 Generale with Clallam Mosaic 23 (In Person) 1 (In Person & Zoom) Celebrate Hispanic Heritage Month Commemorate October as 4-8pm with food,dancing,arts, and music. , 12:35pm Come view a short film from the 2024 3pm Domestic Violence Awareness �_ film fest and engage in a discussion Month. Resiliency Kits will be L1 Family Fun Night (In Person) about the film and courage. distributed. VAi. Families with kids 0-18 can come Peninsula College's 4:30-7 J play at the YMCA of Port Angeles / OCT Indigenous Peoples' Day Poetry OCT Studium Generale Reading (In Person & Zoom) 24 (In Person & Zoom) 7 1 14 ?a?kwustagawtxW OCT Science of Hope Keynote Learn about and reflect on the 7 (In Person Watch Parties & Zoom) 5:30 pm House of Learning, 12.35pm J J science of hope in our region Dr. Chan m pnting ut Peninsula College Longhouse and Resilience Month 2024. 11:30- hope scienceHell toan commuresenity membeabors. In honor of Indigenous Peoples'Day, 12:30 J Resiliency Kits will be distributed at celebrate poetry created and the in-person watch parties. presented by Native poets. OCT Nano Stern (In Person) OCT \ Peninsula College and Clallam Mosaic's PrOCK.II I K.1tl01 15 7 Oct 7th Forks- no cost Elected Officials Declare Resilience Month Oct 8th Port Angeles- 18 All in Film Festival (In Person & Zoom) 6 pm tickets for sale 6:30pm CSEPO9) FORKS CITY COUNCIL An inclusive film event featuring OCT OCT films by, about and featuring Nano Stern: mutt. instrumentalist, 8 composer and songwriter with 19 individuals with intellectual and (SEP 23) SEQUIM CITY COUNCIL strong roots in the traditional developmental disabilities. 7:30 pm songbook of South America. 1 pm ) CLALLAM COUNTY \ SEP 24. COMMISSIONERS Thank you to Resilience Month's sponsors and partners. We are grateful for your support. PORTANGELES • COCT'.J� CITY COUNCIL 0 OLYMPIC 4 H PORT �Q.1 ° ' �*"�Na�a,,''4 ANGILES PA E MI UICAZ t I NI I R A , ,,,:' ..,, Healthy Youth rc �. caumoH ❑ , •• .•• ❑ • a, . P ;l yr v2 4i a c, ....ro �. �, �Mokb, 11(AKA AY KM' �'• a RFIGE 0,... 4 y PP, OIyCAP �W ❑ l+ ; thc L-E5 ' Clatta 4N�E�g �e`E nd —�E..i EIRICATION ° •' EOIJCATION c For more information,flyers and FOUNDAN Fes'`., Mosaic ,� �E locations fr/ West Sound STEM Network first Step Family PENINSULA COLLEGE • coordinated care _... F,•.•,. m.,.. ' Support Center emailclallamresil ence@gmail.com i ii ppo www.c a aT mresitienceproject.org • PORTANGELES FINANCE WASHINGTON , U . S . DEPARTMENT October 15, 2024 it We, the undersigned City Officials of the City of Port Angeles, do hereby certify that the merchandise and/or services herein specified have been received and that these claims are approved for payment in the amount of$2,261,903.52 this 15th day of October 2024. ///t Mayor City Manager "Where the mountains meet the sea" 360.457.0411 financeWcityolpa.us I www.cityofpa.us 321 E.5th Street,Port Angeles,WA 98362 City of Port Angeles City Council Expenditure Report Between Sep 21, 2024 and Oct 4, 2024 Vendor Description Account Number Amount ADVANCED EQUIPMENT CO FURNITURE, OFFICE 001-0000-237.00-00 (1,828.23) Division Total:($1,828.23) Department Total:($1,828.23) MISC TRAVEL A SCHWAB-WA-CELI 001-1160-511.43-10 218.64 Mayor & Council Division Total:$218.64 Legislative Department Total:$218.64 WASHINGTON (AUDITOR), STATE OF FINANCIAL SERVICES 001-2023-514.41-50 10,710.70 Accounting Division Total:$10,710.70 PAYMENTUS GROUP INC TRANSACTION FEES 001-2025-514.41-50 1,405.99 TRANSACTION FEES 001-2025-514.41-50 14,919.54 Customer Service Division Total:$16,325.53 PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES, GENERAL 001-2070-518.31-01 12.00 QUADIENT RENTAL/LEASE EQUIPMENT 001-2070-518.45-30 2,180.13 Reprographics Division Total:$2,192.13 Finance Department Total:$29,228.36 MISC TRAVEL C JACKSON-RES BLDG INSPEC 001-4050-558.43-10 299.00 Building Division Total:$299.00 MISC EMPLOYEE EXPENSE REIMBURSEMENT C. BONSEN MT FOR FARMERS 001-4060-558.43-10 26.00 C. BONSEN MT FOR PC 3/27/001-4060-558.43-10 44.00 E. WALKER MT FOR CC 1/2/2 001-4060-558.43-10 44.00 E. WALKER MT FOR CC 11/21 001-4060-558.43-10 44.00 E. WALKER MT FOR CC 2/20/001-4060-558.43-10 44.00 E. WALKER MT FOR CC 3/5/2 001-4060-558.43-10 44.00 E. WALKER MT FOR CC 3/6/2 001-4060-558.43-10 44.00 E. WALKER MT FOR FARMERS 001-4060-558.43-10 26.00 E. WALKER MT FOR FARMERS 001-4060-558.43-10 26.00 E. WALKER MT FOR GOV OS 3 001-4060-558.43-10 26.00 E. WALKER MT FOR GOV OS 5 001-4060-558.43-10 44.00 E. WALKER MT FOR HOUS. FE 001-4060-558.43-10 70.00 E. WALKER MT FOR HOUS. PP 001-4060-558.43-10 44.00 E. WALKER MT FOR PC 1/24/001-4060-558.43-10 44.00 E. WALKER MT FOR PC 11/29 001-4060-558.43-10 44.00 E. WALKER MT FOR PC 2/28/001-4060-558.43-10 44.00 E. WALKER MT FOR PC 3/27/001-4060-558.43-10 44.00 Page 1 of 18 Oct 9, 2024 8:34:53 AM October 15, 2024 E - 1 City of Port Angeles City Council Expenditure Report Between Sep 21, 2024 and Oct 4, 2024 Vendor Description Account Number Amount MISC EMPLOYEE EXPENSE REIMBURSEMENT E. WALKER MT FOR PC 6/26/001-4060-558.43-10 44.00 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-4060-558.41-15 115.34 Planning Division Total:$861.34 Community Development Department Total:$1,160.34 MISC TRAVEL J VIADA-INVESTIGATORS MTG 001-5010-521.43-10 221.27 Z MOORE-WSNIA TRAINING 001-5010-521.43-10 138.00 Police Administration Division Total:$359.27 FIRST RESPONDER OUTFITTERS INC CLOTHING & APPAREL 001-5021-521.31-11 526.53 VERIZON WIRELESS SERVICES DATA PROC SERV &SOFTWARE 001-5021-521.49-90 75.00 Investigation Division Total:$601.53 CURTIS & SONS INC, L N CLOTHING & APPAREL 001-5022-521.31-11 25.05 CLOTHING & APPAREL 001-5022-521.31-11 (300.56) CLOTHING & APPAREL 001-5022-521.31-11 79.34 CLOTHING & APPAREL 001-5022-521.31-11 72.90 CLOTHING & APPAREL 001-5022-521.31-11 (99.18) CLOTHING & APPAREL 001-5022-521.31-11 25.05 CLOTHING & APPAREL 001-5022-521.31-11 25.05 CLOTHING & APPAREL 001-5022-521.31-11 683.42 FIRST RESPONDER OUTFITTERS INC CLOTHING & APPAREL 001-5022-521.31-11 510.20 CLOTHING & APPAREL 001-5022-521.31-11 478.88 CLOTHING & APPAREL 001-5022-521.31-11 1,022.03 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5022-521.42-10 15.60 SHIPPING AND HANDLING 001-5022-521.42-10 46.87 SHIPPING AND HANDLING 001-5022-521.42-10 16.57 SHIPPING AND HANDLING 001-5022-521.42-10 63.44 MISC TRAVEL D MORSE-WSNIA ENTRY TRNG 001-5022-521.43-10 189.75 OLYMPIC MEDICAL CENTER HEALTH RELATED SERVICES 001-5022-521.49-90 186.00 SIRCHIE FINGERPRINT LAB SECURITY,FIRE,SAFETY SERV 001-5022-521.31-01 132.61 SYMBOLARTS, LLC POLICE EQUIPMENT & SUPPLY 001-5022-521.31-11 152.46 Patrol Division Total:$3,325.48 MISC TRAVEL K MACARTHUR- LEIRA TRNG 001-5029-521.43-10 129.00 L SERRATO-LERIA TRAINING 001-5029-521.43-10 253.15 SEW WHAT CLOTHING & APPAREL 001-5029-521.31-11 170.17 Page 2 of 18 Oct 9, 2024 8:34:53 AM October 15, 2024 E - 2 City of Port Angeles City Council Expenditure Report Between Sep 21, 2024 and Oct 4, 2024 Vendor Description Account Number Amount SEW WHAT MISCELLANEOUS SERVICES 001-5029-521.31-11 204.20 SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 001-5029-521.48-02 559.96 WASHINGTON LEIRA AUTO SHOP EQUIPMENT & SUP 001-5029-521.43-10 200.00 Records Division Total:$1,516.48 Police Department Total:$5,802.76 ANGELES MILLWORK & LUMBER SUPPLIES 001-6020-522.31-01 328.49 CURTIS & SONS INC, L N PERS,TEMP EMPLOYMENT AGCY 001-6020-522.35-01 2,640.86 GALLS CLOTHING & APPAREL 001-6020-522.31-11 112.43 INDUSTRIAL SCIENTIFIC CORPORATION MISCELLANEOUS SERVICES 001-6020-522.41-50 265.42 MISC EMPLOYEE EXPENSE REIMBURSEMENT CRITICAL EVAL OF RESEARCH 001-6020-522.31-01 1,350.00 STATION SUPPLIES 001-6020-522.35-01 35.93 NORTHWEST SAFETY CLEAN JANITORIAL SUPPLIES 001-6020-522.31-11 46.62 SWAIN'S GENERAL STORE INC SUPPLIES 001-6020-522.31-01 23.89 SUPPLIES 001-6020-522.31-01 73.95 Fire Suppression Division Total:$4,877.59 SWAIN'S GENERAL STORE INC SUPPLIES 001-6030-522.31-01 215.52 Fire Prevention Division Total:$215.52 MISC ONE-TIME VENDORS MCKEEN PF EXAMINER 1 CLAS 001-6045-522.43-10 1,050.00 Fire Training Division Total:$1,050.00 ADVANCED EQUIPMENT CO FURNITURE, OFFICE 001-6050-522.31-20 22,370.23 Facilities Maintenance Division Total:$22,370.23 Fire Department Total:$28,513.34 AMAZON CAPITAL SERVICES HARDWARE,AND ALLIED ITEMS 001-7010-532.31-01 19.66 OFFICE SUPPLY,INKS,LEADS 001-7010-532.31-01 15.46 SUPPLIES 001-7010-532.31-01 23.57 ESRI INC HUMAN SERVICES 001-7010-532.43-10 6,120.00 EDUCATIONAL SERVICES 001-7010-532.43-10 99.00 MISC EMPLOYEE EXPENSE REIMBURSEMENT MHEALY HOUSING REIMBURSEM 001-7010-532.41-50 798.46 PUGET SOUND HARDWARE, INC BUILDER'S SUPPLIES 001-7010-532.48-10 196.02 Public Works Admin. Division Total:$7,272.17 Public Works & Utilities Department Total:$7,272.17 NAT'L CENTER FOR SAFETY INITIATIVES CONSULTING SERVICES 001-8010-574.49-01 35.00 OLYMPIC PRINTERS INC PRINTING,SILK SCR,TYPSET 001-8010-574.31-01 488.96 Page 3 of 18 Oct 9, 2024 8:34:53 AM October 15, 2024 E - 3 City of Port Angeles City Council Expenditure Report Between Sep 21, 2024 and Oct 4, 2024 Vendor Description Account Number Amount Parks Administration Division Total:$523.96 ANGELES MILLWORK & LUMBER SUPPLIES 001-8050-536.31-20 75.86 SUPPLIES 001-8050-536.31-20 27.49 SUPPLIES 001-8050-536.31-20 41.87 SUPPLIES 001-8050-536.31-20 83.74 MATTHEWS BRONZE PA MARKERS, PLAQUES,SIGNS 001-8050-536.34-01 456.75 MARKERS, PLAQUES,SIGNS 001-8050-536.34-01 456.75 MISC DEPOSIT & PERMIT REFUNDS REFUND-PARTIAL DEED #2699 001-8050-343.60-12 190.00 QUIRING MONUMENTS INC MARKERS, PLAQUES,SIGNS 001-8050-536.34-01 619.00 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-8050-536.41-15 325.00 Ocean View Cemetery Division Total:$2,276.46 AIRPORT GARDEN CENTER ROADSIDE,GRNDS,REC, PARK 001-8080-576.31-40 38.00 AMAZON CAPITAL SERVICES FOODS: STAPLE GROCERY 001-8080-576.31-01 110.48 ANGELES CONCRETE PRODUCTS ROADSIDE,GRNDS,REC, PARK 001-8080-576.31-40 75.31 ROADSIDE,GRNDS,REC, PARK 001-8080-576.31-40 89.55 ANGELES MILLWORK & LUMBER SUPPLIES 001-8080-576.31-20 71.70 SUPPLIES 001-8080-576.31-20 21.29 SUPPLIES 001-8080-576.31-20 7.02 CENTRAL WELDING SUPPLY SUPPLIES 001-8080-576.31-20 35.64 DEPT OF NATURAL RESOURCES SUPPLIES 001-8080-576.49-90 20.76 HEARTLINE ROADSIDE,GRNDS,REC, PARK 001-8080-576.31-40 213.44 ROADSIDE,GRNDS,REC, PARK 001-8080-576.31-40 153.55 PENINSULA SEPTIC TANKS AGRICULTURAL EQUIP&IMPLEM 001-8080-576.31-20 1,509.54 SNELL CRANE SERVICES MATERIAL HNDLING&STOR EQP 001-8080-576.45-30 54.45 MATERIAL HNDLING&STOR EQP 001-8080-576.48-10 2,309.77 SWAIN'S GENERAL STORE INC SUPPLIES 001-8080-576.31-01 22.34 SUPPLIES 001-8080-576.31-20 20.84 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 280.90 SUPPLIES 001-8080-576.31-20 49.22 SUPPLIES 001-8080-576.31-20 7.12 SUPPLIES 001-8080-576.31-20 89.52 SUPPLIES 001-8080-576.31-20 24.16 THURMAN SUPPLY SUPPLIES 001-8080-576.31-20 34.74 SUPPLIES 001-8080-576.31-20 283.41 TAPE(NOT DP,SOUND,VIDEO) 001-8080-576.31-20 2.76 Page 4 of 18 Oct 9, 2024 8:34:53 AM October 15, 2024 E - 4 City of Port Angeles City Council Expenditure Report Between Sep 21, 2024 and Oct 4, 2024 Vendor Description Account Number Amount WALTER E NELSON CO BUILDING MAINT&REPAIR SER 001-8080-576.31-01 276.85 BUILDING MAINT&REPAIR SER 001-8080-576.31-01 733.11 Parks Facilities Division Total:$6,535.47 Parks & Recreation Department Total:$9,335.89 ANGELES MILLWORK & LUMBER LUMBER& RELATED PRODUCTS 001-8131-518.31-20 129.62 WHEELBARROW 001-8131-518.31-20 78.40 SANFORD IRRIGATION INC ROADSIDE,GRNDS,REC, PARK 001-8131-518.48-10 2,495.65 SWAIN'S GENERAL STORE INC SUPPLIES 001-8131-518.31-20 6.07 SUPPLIES 001-8131-518.31-20 8.68 Central Svcs Facilities Division Total:$2,718.42 Facilities Maintenance Department Total:$2,718.42 DEPT OF NATURAL RESOURCES CONSULTING SERVICES 001-9029-518.41-50 1,554.80 General Unspecified Division Total:$1,554.80 Non-Departmental Department Total:$1,554.80 General Fund Fund Total:$83,976.49 AMAZON CAPITAL SERVICES ELECTRICAL CABLES & WIRES 102-7230-542.31-01 5.40 SUPPLIES 102-7230-542.31-01 12.95 ANGELES MILLWORK & LUMBER ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 49.99 METALS,BARS,PLATES,RODS 102-7230-542.31-25 131.64 HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 17.59 HARDWARE,AND ALLIED ITEMS 102-7230-542.31-20 67.61 JJC RESOURCES, LLC ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 2,073.23 MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL TICKET - 8" MAIN REP 102-7230-542.31-01 37.00 MEAL TICKET - 8" MAIN REP 102-7230-542.31-01 37.00 MISC TRAVEL J BRIDGES-ROAD/STREET MAI 102-7230-542.43-10 14.75 JAD GROVES-ROAD/STREET MA 102-7230-542.43-10 14.75 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 102-7230-542.47-10 19.54 MISC PROFESSIONAL SERVICE 102-7230-542.47-10 22.45 TRAFFIC SAFETY SUPPLY CO MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 1,401.23 Street Division Total:$3,905.13 Public Works-Street Department Total:$3,905.13 Street Fund Total:$3,905.13 CENTURYLINK 09-06 A/C 300539444 107-5160-528.42-11 72.71 INTRADO LIFE & SAFETY SOLUTIONS HUMAN SERVICES 107-5160-528.43-11 3,128.00 Page 5 of 18 Oct 9, 2024 8:34:53 AM October 15, 2024 E - 5 City of Port Angeles City Council Expenditure Report Between Sep 21, 2024 and Oct 4, 2024 Vendor Description Account Number Amount MCFALL, BARBARA MISC PROFESSIONAL SERVICE 107-5160-528.41-50 400.00 PROCOM HEALTH RELATED SERVICES 107-5160-528.41-50 78.00 SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 107-5160-528.48-10 4,141.25 STORMWIND, LLC LIBRARY SERVICES(EXCL 908 107-5160-528.43-11 3,980.00 WA STATE PATROL COMPUTER SOFTWARE FOR MIN 107-5160-528.41-50 1,200.00 WAPRO HUMAN SERVICES 107-5160-528.43-10 200.00 Pencom Division Total:$13,199.96 Pencom Department Total:$13,199.96 Pencom Fund Total:$13,199.96 BULLSEYE ABATEMENT SERVICES LLC RELEASE RETAINAGE 310-0000-223.40-00 2,702.23 NORDLAND CONSTRUCTION NORTHWEST RELEASE RETAINAGE 310-0000-223.40-00 10,438.61 Division Total:$13,140.84 Department Total:$13,140.84 FOSTER GARVEY PC CONSULTING SERVICES 310-7910-594.65-10 767.00 CONSULTING SERVICES 310-7910-594.65-10 335.00 CONSULTING SERVICES 310-7910-594.65-10 2,242.00 CONSULTING SERVICES 310-7910-594.65-10 3,717.00 CONSULTING SERVICES 310-7910-594.65-10 1,239.00 Cap Improvmt Admin Division Total:$8,300.00 Capital Projects-Pub Wks Department Total:$8,300.00 ANGELES COMMUNICATIONS INC MASS TRANS,ACCES& PARTS 310-8985-594.65-10 274.25 MASS TRANS,ACCES& PARTS 310-8985-594.65-10 421.99 BRUCH & BRUCH CONSTRUCTION INC PW CONSTRUCTION & RELATED 310-8985-594.65-10 5,894.53 HDR ENGINEERING, INC CONSULTING SERVICES 310-8985-594.65-10 332.91 CONSULTING SERVICES 310-8985-594.65-10 125.00 CONSULTING SERVICES 310-8985-594.65-10 1,463.75 ROGNLIN'S INC EQUIPMENT MAINTENANCE 310-8985-594.65-10 53,716.73 Misc Parks Projects Division Total:$62,229.16 Capital Proj-Parks & Rec Department Total:$62,229.16 Capital Improvement Fund Total:$83,670.00 BAILEY SIGNS & GRAPHICS MARKERS, PLAQUES,SIGNS 312-7930-595.65-10 577.17 BRUCH & BRUCH CONSTRUCTION INC PW CONSTRUCTION & RELATED 312-7930-595.65-10 311,590.14 Page 6 of 18 Oct 9, 2024 8:34:53 AM October 15, 2024 E - 6 City of Port Angeles City Council Expenditure Report Between Sep 21, 2024 and Oct 4, 2024 Vendor Description Account Number Amount HDR ENGINEERING, INC CONSULTING SERVICES 312-7930-595.65-10 1,720.42 CONSULTING SERVICES 312-7930-595.65-10 221.25 PARAMETRIX INC CONSULTING SERVICES 312-7930-595.65-10 19,715.64 TITAN EARTHWORK PW CONSTRUCTION & RELATED 312-7930-595.65-10 308,652.98 GF-Street Projects Division Total:$642,477.60 Capital Projects-Pub Wks Department Total:$642,477.60 Transportation Benefit Fund Total:$642,477.60 BORDER STATES INDUSTRIES INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 409.38 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 493.48 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 1,253.24 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 2,635.38 GENERAL PACIFIC INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.44-00 28,325.05 JENSEN PRECAST ELECTRICAL EQUIP & SUPPLY 401-0000-141.42-00 8,232.84 MISC UTILITY DEPOSIT REFUNDS FINAL BILL REFUND 401-0000-122.10-99 11.31 FINAL BILL REFUND 401-0000-122.10-99 17.85 FINAL BILL REFUND 401-0000-122.10-99 22.29 FINAL BILL REFUND 401-0000-122.10-99 37.17 FINAL BILL REFUND 401-0000-122.10-99 70.71 FINAL BILL REFUND 401-0000-122.10-99 76.97 FINAL BILL REFUND 401-0000-122.10-99 100.36 FINAL BILL REFUND 401-0000-122.10-99 216.64 FINAL BILL REFUND 401-0000-122.10-99 219.58 FINAL BILL REFUND 401-0000-122.10-99 350.20 FINAL BILL REFUND 401-0000-122.10-99 451.73 FINAL CREDIT-4317 TUMWATE 401-0000-122.10-99 47.89 FINAL BILL REFUND 401-0000-122.10-99 116.10 FINAL BILL REFUND 401-0000-122.10-99 859.56 FINAL BILL REFUND 401-0000-122.10-99 1.81 FINAL BILL REFUND 401-0000-122.10-99 34.78 FINAL BILL REFUND 401-0000-122.10-99 41.36 FINAL BILL REFUND 401-0000-122.10-99 101.93 FINAL BILL REFUND 401-0000-122.10-99 106.90 FINAL BILL REFUND 401-0000-122.10-99 657.91 Division Total:$44,892.42 Department Total:$44,892.42 Page 7 of 18 Oct 9, 2024 8:34:53 AM October 15, 2024 E - 7 City of Port Angeles City Council Expenditure Report Between Sep 21, 2024 and Oct 4, 2024 Vendor Description Account Number Amount MILSOFT UTILITY SOLUTIONS DATA PROC SERV &SOFTWARE 401-7111-533.48-02 9,811.89 Engineering-Electric Division Total:$9,811.89 BPA-POWER WIRES ELECTRICAL EQUIP & SUPPLY 401-7120-533.33-10 251,794.00 EES CONSULTING INC MISC PROFESSIONAL SERVICE 401-7120-533.49-01 406.25 MISC PROFESSIONAL SERVICE 401-7120-533.49-01 324.23 Power Systems Division Total:$252,524.48 AMAZON CAPITAL SERVICES SUPPLIES 401-7180-533.31-01 97.32 OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 56.45 BARRELS, DRUMS, KEGS, CTN 401-7180-533.31-01 41.25 CED/CONSOLIDATED ELEC DIST HARDWARE,AND ALLIED ITEMS 401-7180-533.31-01 39.20 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 811.56 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 21.33 OFFICE MECH AIDS,SM MACH 401-7180-533.31-01 378.95 OPTICAL EQUIP ACESS& SUPP 401-7180-533.35-01 67.63 CINTAS CORPORATION NO. 2 FIRST AID & SAFETY EQUIP.401-7180-533.31-01 46.06 FIRST AID & SAFETY EQUIP.401-7180-533.31-01 63.25 CLALLAM CNTY FAIR BOARD REAL PROPERTY,RENT/LEASE 401-7180-533.49-90 530.00 DAVEY TREE SURGERY ROADSIDE,GRNDS,REC, PARK 401-7180-533.48-10 16,886.00 ROADSIDE,GRNDS,REC, PARK 401-7180-533.48-10 16,886.00 ROADSIDE,GRNDS,REC, PARK 401-7180-533.48-10 16,886.00 ROADSIDE,GRNDS,REC, PARK 401-7180-533.48-10 16,886.00 DESIGNER DECAL, INC OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 2,128.40 FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 401-7180-533.34-02 746.84 INDUSTRIAL SCIENTIFIC CORPORATION MISCELLANEOUS SERVICES 401-7180-533.41-50 265.41 KENNEDY, STEPHEN H. REAL PROPERTY,RENT/LEASE 401-7180-533.45-30 15,516.09 LUTZCO, INC. FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 57.79 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 333.29 MURREY'S DISPOSAL CO, INC BUILDING MAINT&REPAIR SER 401-7180-533.47-10 566.57 MATERIAL HNDLING&STOR EQP 401-7180-533.41-50 284.69 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 11.40 ROHLINGER ENTERPRISES INC TESTING&CALIBRATION SERVI 401-7180-533.48-10 184.04 TESTING&CALIBRATION SERVI 401-7180-533.48-10 184.04 TESTING&CALIBRATION SERVI 401-7180-533.48-10 124.42 TESTING&CALIBRATION SERVI 401-7180-533.48-10 156.34 Page 8 of 18 Oct 9, 2024 8:34:53 AM October 15, 2024 E - 8 City of Port Angeles City Council Expenditure Report Between Sep 21, 2024 and Oct 4, 2024 Vendor Description Account Number Amount ROHLINGER ENTERPRISES INC TESTING&CALIBRATION SERVI 401-7180-533.48-10 36.21 TESTING&CALIBRATION SERVI 401-7180-533.48-10 86.30 TESTING&CALIBRATION SERVI 401-7180-533.48-10 255.32 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 3,076.43 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 1,285.02 TESTING&CALIBRATION SERVI 401-7180-533.48-10 36.21 TESTING&CALIBRATION SERVI 401-7180-533.48-10 104.82 TESTING&CALIBRATION SERVI 401-7180-533.48-10 396.23 TESTING&CALIBRATION SERVI 401-7180-533.48-10 1,631.00 SUNBELT SOLOMON SERVICES EXTERNAL LABOR SERVICES 401-7180-533.34-02 43,660.18 EXTERNAL LABOR SERVICES 401-7180-533.34-02 21,235.00 SWAIN'S GENERAL STORE INC FASTENERS, FASTENING DEVS 401-7180-533.34-02 8.28 AGRICULTURAL EQUIP&IMPLEM 401-7180-533.35-01 46.79 HARDWARE,AND ALLIED ITEMS 401-7180-533.35-01 8.24 HARDWARE,AND ALLIED ITEMS 401-7180-533.35-01 37.25 THURMAN SUPPLY ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 21.71 WEST COAST CODE CONSULTANTS ENGINEERING SERVICES 401-7180-533.41-50 443.75 Electric Operations Division Total:$162,625.06 Public Works-Electric Department Total:$424,961.43 Electric Utility Fund Total:$469,853.85 FERGUSON ENTERPRISES INC PIPE FITTINGS 402-0000-141.40-00 1,097.35 PIPE AND TUBING 402-0000-141.40-00 1,868.72 PIPE FITTINGS 402-0000-141.40-00 176.42 PIPE FITTINGS 402-0000-141.40-00 48.86 PIPE FITTINGS 402-0000-141.40-00 1,420.33 THURMAN SUPPLY PIPE FITTINGS 402-0000-141.40-00 87.01 Division Total:$4,698.69 Department Total:$4,698.69 ANGELES MILLWORK & LUMBER HAND TOOLS ,POW&NON POWER 402-7380-534.31-01 71.85 BLUE CYPRESS CONSULTING ENVIRONMENTAL&ECOLOGICAL 402-7380-534.41-50 6,555.44 EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 402-7380-534.41-50 175.00 FASTENAL INDUSTRIAL PAINTS,COATINGS,WALLPAPER 402-7380-534.31-01 283.46 FEDERAL EXPRESS CORP SHIPPING CHARGES 402-7380-534.42-10 40.56 SHIPPING CHARGES 402-7380-534.42-10 47.50 Page 9 of 18 Oct 9, 2024 8:34:53 AM October 15, 2024 E - 9 City of Port Angeles City Council Expenditure Report Between Sep 21, 2024 and Oct 4, 2024 Vendor Description Account Number Amount FEDERAL EXPRESS CORP SHIPPING CHARGES 402-7380-534.42-10 80.10 HACH COMPANY CHEMICAL LAB EQUIP & SUPP 402-7380-534.35-01 118.46 WATER SEWAGE TREATMENT EQ 402-7380-534.35-01 6,028.70 JACOBS ENGINEERING GROUP CONSULTING SERVICES 402-7380-534.41-50 16,561.76 JJC RESOURCES, LLC ROAD/HWY MAT NONASPHALTIC 402-7380-534.31-20 1,172.38 MAYDA AND SONS MECHANICAL EQUIPMENT MAINTENANCE,REC 402-7380-534.48-10 1,367.49 MISC CITY CONSERVATION REBATES GLASSES + SAFETY GLASSES 402-7380-534.31-01 200.00 MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL TICKET - 8" MAIN REP 402-7380-534.31-01 37.00 MEAL TICKET - 8" MAIN REP 402-7380-534.31-01 37.00 MOVE-IN COST -ACTION PROP 402-7380-534.43-10 3,110.14 U-HAUL RENTAL - 09/05-07/402-7380-534.43-10 389.86 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7380-534.47-10 57.07 MISC PROFESSIONAL SERVICE 402-7380-534.47-10 70.41 SPECTRA LABORATORIES-KITSAP TESTING&CALIBRATION SERVI 402-7380-534.41-50 41.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 210.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 341.00 SWAIN'S GENERAL STORE INC HAND TOOLS ,POW&NON POWER 402-7380-534.31-01 75.03 CLOTHING & APPAREL 402-7380-534.31-01 261.08 FIRST AID & SAFETY EQUIP.402-7380-534.31-01 228.41 SHOES AND BOOTS 402-7380-534.31-01 174.13 JANITORIAL SUPPLIES 402-7380-534.31-01 33.78 THURMAN SUPPLY PIPE AND TUBING 402-7380-534.31-20 92.35 UNITED RENTALS NORTHWEST INC RENTAL/LEASE EQUIPMENT 402-7380-534.45-30 1,298.57 WALTER E NELSON CO CAFETERIA & KIT EQUIP COM 402-7380-534.31-01 0.04 HARDWARE,AND ALLIED ITEMS 402-7380-534.31-01 34.37 JANITORIAL SUPPLIES 402-7380-534.31-01 108.19 PAPER & PLASTIC-DISPOSABL 402-7380-534.31-01 541.37 Water Division Total:$39,843.50 ANGELES MILLWORK & LUMBER FASTENERS, FASTENING DEVS 402-7382-534.31-20 19.71 PLUMBING EQUIP FIXT,SUPP 402-7382-534.31-20 15.57 FASTENAL INDUSTRIAL HOSES, ALL KINDS 402-7382-534.31-20 919.28 PLATT ELECTRIC SUPPLY INC HARDWARE,AND ALLIED ITEMS 402-7382-534.35-01 445.80 PORT ANGELES POWER EQUIPMENT EQUIP MAINT & REPAIR SERV 402-7382-534.31-01 103.14 Page 10 of 18 Oct 9, 2024 8:34:53 AM October 15, 2024 E - 10 City of Port Angeles City Council Expenditure Report Between Sep 21, 2024 and Oct 4, 2024 Vendor Description Account Number Amount PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7382-534.47-10 60.20 SWAIN'S GENERAL STORE INC JANITORIAL SUPPLIES 402-7382-534.31-20 33.01 FIRST AID & SAFETY EQUIP.402-7382-534.31-01 545.75 Industrial Water Treatmnt Division Total:$2,142.46 Public Works-Water Department Total:$41,985.96 Water Utility Fund Total:$46,684.65 NCL NORTH CENTRAL LABORATORIES CHEMICAL LAB EQUIP & SUPP 403-0000-237.00-00 (5.71) Division Total:($5.71) Department Total:($5.71) ANGELES MILLWORK & LUMBER PAINTS,COATINGS,WALLPAPER 403-7480-535.31-20 252.93 BRUSHES (NOT CLASSIFIED) 403-7480-535.31-20 31.93 ELECTRICAL EQUIP & SUPPLY 403-7480-535.31-20 31.57 PAINTING EQUIPMENT & ACC 403-7480-535.31-20 12.67 EDGE ANALYTICAL WATER SEWAGE TREATMENT EQ 403-7480-535.41-50 59.40 WATER SEWAGE TREATMENT EQ 403-7480-535.41-50 836.50 WATER SEWAGE TREATMENT EQ 403-7480-535.41-50 1,084.00 WATER SEWAGE TREATMENT EQ 403-7480-535.41-50 59.40 WATER SEWAGE TREATMENT EQ 403-7480-535.41-50 900.32 WATER SEWAGE TREATMENT EQ 403-7480-535.41-50 210.60 EVOQUA WATER TECHNOLOGIES WATER&SEWER TREATING CHEM 403-7480-535.31-05 6,264.50 FEDERAL EXPRESS CORP SHIPPING CHARGES 403-7480-535.42-10 13.08 SHIPPING CHARGES 403-7480-535.42-10 13.67 SHIPPING CHARGES 403-7480-535.42-10 29.09 FERGUSON ENTERPRISES INC PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-20 119.44 GRAINGER HARDWARE,AND ALLIED ITEMS 403-7480-535.31-20 117.77 HEARTLINE HARDWARE,AND ALLIED ITEMS 403-7480-535.31-20 68.44 MATT'S TOOLS USA, LLC CLOTHING ACCESSORIES(SEE 403-7480-535.31-01 59.66 MCMASTER-CARR SUPPLY CO PIPE FITTINGS 403-7480-535.31-20 188.17 AUTO & TRUCK MAINT. ITEMS 403-7480-535.31-20 37.86 AUTO & TRUCK MAINT. ITEMS 403-7480-535.35-01 230.12 MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL TICKET - FLARE ISSUE 403-7480-535.31-01 55.50 MEAL TICKET - WWTP CHLORI 403-7480-535.31-01 37.00 NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 403-7480-535.31-01 29.58 BELTS AND BELTING 403-7480-535.31-20 63.66 Page 11 of 18 Oct 9, 2024 8:34:53 AM October 15, 2024 E - 11 City of Port Angeles City Council Expenditure Report Between Sep 21, 2024 and Oct 4, 2024 Vendor Description Account Number Amount NCL NORTH CENTRAL LABORATORIES CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-01 69.95 NORTHWEST INSTRUMENTS & CONTROLS CONTRL,INDICA,RECORD INST 403-7480-535.31-20 1,520.14 PROFESSIONAL TRAINING ASSN BORTE-5719-1255-1-81C8 403-7480-535.43-10 600.00 SWAIN'S GENERAL STORE INC ROAD/HGWY HEAVY EQUIPMENT 403-7480-535.31-01 13.00 JANITORIAL SUPPLIES 403-7480-535.31-01 39.07 HAND TOOLS ,POW&NON POWER 403-7480-535.35-01 67.45 PAINTS,COATINGS,WALLPAPER 403-7480-535.31-01 22.77 SHOES AND BOOTS 403-7480-535.31-01 233.71 POISONS:AGRICUL & INDUSTR 403-7480-535.31-01 66.08 THURMAN SUPPLY TAPE(NOT DP,SOUND,VIDEO) 403-7480-535.31-01 38.37 WA STATE DEPARTMENT OF ECOLOGY ENVIRONMENTAL&ECOLOGICAL 403-7480-535.49-90 2,685.00 ENVIRONMENTAL&ECOLOGICAL 403-7480-535.49-90 14,854.00 WESTERN STEEL METALS,BARS,PLATES,RODS 403-7480-535.31-20 637.45 Wastewater Division Total:$31,653.85 Public Works-Wastewater Department Total:$31,653.85 Wastewater Utility Fund Total:$31,648.14 ANGELES MILLWORK & LUMBER JANITORIAL SUPPLIES 404-7538-537.31-01 13.04 BRADY TRUCKING INC MISCELLANEOUS SERVICES 404-7538-537.41-50 2,057.57 CLEAN EARTH EVIRONMENTAL SOLUTIONS PW CONSTRUCTION & RELATED 404-7538-537.41-50 2,392.47 PW CONSTRUCTION & RELATED 404-7538-537.41-50 717.45 PW CONSTRUCTION & RELATED 404-7538-537.41-50 767.50 PW CONSTRUCTION & RELATED 404-7538-537.41-50 784.19 PW CONSTRUCTION & RELATED 404-7538-537.41-50 1,535.00 FOSTER GARVEY PC CONSULTING SERVICES 404-7538-537.41-50 67.00 MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL TICKET - HOLIDAY - 0 404-7538-537.31-01 55.50 MEAL TICKET - HOLIDAY - 0 404-7538-537.31-01 55.50 MEAL TICKET - HOLIDAY - 0 404-7538-537.31-01 55.50 MEAL TICKET - HOLIDAY - 0 404-7538-537.31-01 55.50 MEAL TICKET - HOLIDAY - 0 404-7538-537.31-01 55.50 MEAL TICKET - OVERTIME - 404-7538-537.31-01 18.50 MEAL TICKET - OVERTIME - 404-7538-537.31-01 18.50 MEAL TICKET - OVERTIME - 404-7538-537.31-01 55.50 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 404-7538-537.47-10 264.88 Page 12 of 18 Oct 9, 2024 8:34:53 AM October 15, 2024 E - 12 City of Port Angeles City Council Expenditure Report Between Sep 21, 2024 and Oct 4, 2024 Vendor Description Account Number Amount SWAIN'S GENERAL STORE INC MATERIAL HNDLING&STOR EQP 404-7538-537.31-01 47.79 THERMO-FLUIDS PW CONSTRUCTION & RELATED 404-7538-537.41-50 169.00 PW CONSTRUCTION & RELATED 404-7538-537.41-50 126.75 PW CONSTRUCTION & RELATED 404-7538-537.41-50 31.50 PW CONSTRUCTION & RELATED 404-7538-537.41-50 163.99 SW - Transfer Station Division Total:$9,508.13 DEPARTMENT OF REVENUE EXCISE TAX RETURNS-JAN 404-7580-537.44-50 18,421.63 FASTENAL INDUSTRIAL RAGS,SHOP TOWELS,WIPING 404-7580-537.31-01 84.06 MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL TICKET - HOLIDAY - 0 404-7580-537.31-01 18.50 MEAL TICKET - HOLIDAY - 0 404-7580-537.31-01 18.50 MEAL TICKET - HOLIDAY - 0 404-7580-537.31-01 18.50 MEAL TICKET - HOLIDAY - 0 404-7580-537.31-01 18.50 MEAL TICKET - HOLIDAY - 0 404-7580-537.31-01 18.50 MEAL TICKET - HOLIDAY - 0 404-7580-537.31-01 37.00 MEAL TICKET - HOLIDAY - 0 404-7580-537.31-01 37.00 MEAL TICKET - OVERTIME - 404-7580-537.31-01 18.50 OLYMPIC PRINTERS INC PRINTING,SILK SCR,TYPSET 404-7580-537.31-01 52.27 SWAIN'S GENERAL STORE INC AUTO SHOP EQUIPMENT & SUP 404-7580-537.31-01 73.25 FIRST AID & SAFETY EQUIP.404-7580-537.31-01 18.09 Solid Waste-Collections Division Total:$18,834.30 RAPTOR EXCAVATING & CONTRACTING ROADSIDE,GRNDS,REC, PARK 404-7585-537.48-10 76,589.38 Solid Waste-Landfill Division Total:$76,589.38 Public Works-Solid Waste Department Total:$104,931.81 Solid Waste Utility Fund Total:$104,931.81 AMAZON CAPITAL SERVICES ROAD/HIGHWAY EQUIPMENT 406-7412-538.35-01 141.57 FASTENAL INDUSTRIAL FIRST AID & SAFETY EQUIP.406-7412-538.31-01 19.69 MISC TRAVEL G HASKINS-ROAD/STREET MAI 406-7412-538.43-10 14.75 PLATT ELECTRIC SUPPLY INC CONSTRUCTION SERVICES,TRA 406-7412-538.31-20 25.72 PORT ANGELES POWER EQUIPMENT AUTO SHOP EQUIPMENT & SUP 406-7412-538.35-01 412.67 SWAIN'S GENERAL STORE INC HARDWARE,AND ALLIED ITEMS 406-7412-538.31-01 56.45 ULINE, INC JANITORIAL SUPPLIES 406-7412-538.31-01 80.04 UNITED RENTALS NORTHWEST INC RENTAL/LEASE EQUIPMENT 406-7412-538.45-30 1,298.57 WA STATE DEPARTMENT OF ECOLOGY ENVIRONMENTAL&ECOLOGICAL 406-7412-538.49-90 9,059.00 Page 13 of 18 Oct 9, 2024 8:34:53 AM October 15, 2024 E - 13 City of Port Angeles City Council Expenditure Report Between Sep 21, 2024 and Oct 4, 2024 Vendor Description Account Number Amount Stormwater Division Total:$11,108.46 Public Works-Wastewater Department Total:$11,108.46 Stormwater Utility Fund Total:$11,108.46 BOUND TREE MEDICAL, LLC SALE SURPLUS/OBSOLETE 409-6025-526.31-01 391.03 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 766.73 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 62.50 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 1,489.75 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 119.98 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 179.97 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 816.42 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 1,004.53 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 1,596.65 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 119.92 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 1,589.74 CLALLAM CNTY EMS MEMBERSHIPS 409-6025-526.41-50 1,125.00 LIGHTHOUSE UNIFORM CLOTHING & APPAREL 409-6025-526.20-80 1,672.92 CLOTHING & APPAREL 409-6025-526.20-80 362.07 CLOTHING & APPAREL 409-6025-526.20-80 140.12 MISC EMPLOYEE EXPENSE REIMBURSEMENT WORK GLOVES 409-6025-526.20-80 21.64 BANNING UNIFORM ALLOW 409-6025-526.20-80 243.35 FOX UNIFORM ALLOW REIMBUR 409-6025-526.20-80 130.56 MISC ONE-TIME VENDORS GASKET REPAIR 409-6025-526.31-01 207.88 SEQUIM MEDICAL ASSOCIATES HEALTH RELATED SERVICES 409-6025-526.41-50 75.00 SYSTEMS DESIGN WEST, LLC CONSULTING SERVICES 409-6025-526.41-50 30,000.00 CONSULTING SERVICES 409-6025-526.41-50 4,005.33 ZIEGLER APPAREL CLOTHING & APPAREL 409-6025-526.20-80 2,738.84 Medic I Division Total:$48,859.93 OLYMPIC PENINSULA COMMUNITY CLINIC HOSP SURG ACCES & SUNDRIS 409-6027-526.41-50 7,880.04 Community Paramedicine Division Total:$7,880.04 Fire Department Total:$56,739.97 Medic I Utility Fund Total:$56,739.97 ESRI INC HUMAN SERVICES 421-7121-533.43-10 3,000.00 Conservation Division Total:$3,000.00 Public Works-Electric Department Total:$3,000.00 Page 14 of 18 Oct 9, 2024 8:34:53 AM October 15, 2024 E - 14 City of Port Angeles City Council Expenditure Report Between Sep 21, 2024 and Oct 4, 2024 Vendor Description Account Number Amount Conservation Fund Total:$3,000.00 CROW ENGINEERING, INC. ARCHITECT&OTHER DESIGN 451-7188-594.65-10 71,187.10 DELHUR INDUSTRIES INC BLDG CONSTRUC. SERVICES- 451-7188-594.65-10 51,226.20 Electric Projects Division Total:$122,413.30 Public Works-Electric Department Total:$122,413.30 Electric Utility CIP Fund Total:$122,413.30 DELHUR INDUSTRIES INC BLDG CONSTRUC. SERVICES- 452-7388-594.65-10 38,419.66 KPFF CONSULTING ENGINEERS CONSULTING SERVICES 452-7388-594.65-10 5,616.66 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 452-7388-594.65-10 115.34 Water Projects Division Total:$44,151.66 Public Works-Water Department Total:$44,151.66 Water Utility CIP Fund Total:$44,151.66 DELHUR INDUSTRIES INC BLDG CONSTRUC. SERVICES- 453-7488-594.65-10 38,419.66 HDR ENGINEERING, INC CONSULTING SERVICES 453-7488-594.65-10 312.92 CONSULTING SERVICES 453-7488-594.65-10 450.00 KPFF CONSULTING ENGINEERS CONSULTING SERVICES 453-7488-594.65-10 11,405.70 Wastewater Projects Division Total:$50,588.28 Public Works-Wastewater Department Total:$50,588.28 WasteWater Utility CIP Fund Total:$50,588.28 DELHUR INDUSTRIES INC BLDG CONSTRUC. SERVICES- 454-7588-594.65-10 38,419.66 KPFF CONSULTING ENGINEERS CONSULTING SERVICES 454-7588-594.65-10 5,616.67 KRAZAN & ASSOCIATES CONSTRUCTION SERVICES,GEN 454-7588-594.65-10 1,598.42 Solid Waste Coll Projects Division Total:$45,634.75 Public Works-Solid Waste Department Total:$45,634.75 Solid Waste Utility CIP Fund Total:$45,634.75 DELHUR INDUSTRIES INC BLDG CONSTRUC. SERVICES- 456-7688-594.65-10 38,419.66 Stormwater Util CIP Projs Division Total:$38,419.66 Public Works Department Total:$38,419.66 Stormwtr Util Projects Fund Total:$38,419.66 OWEN EQUIPMENT AUTO MAINTENANCE 501-0000-141.40-00 98.08 AUTO MAINTENANCE 501-0000-141.40-00 3,744.77 PSI ELECTRONICS, LLC RADIO & TELECOMMUNICATION 501-0000-141.40-00 5,757.23 Division Total:$9,600.08 Department Total:$9,600.08 OWEN EQUIPMENT AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 423.50 Page 15 of 18 Oct 9, 2024 8:34:53 AM October 15, 2024 E - 15 City of Port Angeles City Council Expenditure Report Between Sep 21, 2024 and Oct 4, 2024 Vendor Description Account Number Amount Equipment Services Division Total:$423.50 Public Works Department Total:$423.50 Equipment Services Fund Total:$10,023.58 CANON USA, INC OFFICE MACHINES & ACCESS 502-2081-518.45-31 4,131.99 CENTURYLINK-QWEST 09-06 A/C 334046758 502-2081-518.42-10 3,026.17 DELL MARKETING LP COMPUTER HARDWARE&PERIPHE 502-2081-518.31-60 1,756.66 COMPUTER HARDWARE&PERIPHE 502-2081-518.31-60 1,756.66 COMPUTER HARDWARE&PERIPHE 502-2081-518.31-60 1,756.66 COMPUTER HARDWARE&PERIPHE 502-2081-518.31-60 1,192.73 COMPUTER HARDWARE&PERIPHE 502-2081-518.41-50 2,796.22 KNOWBE4 DATA PROC SERV &SOFTWARE 502-2081-518.48-02 5,821.79 SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 502-2081-518.31-60 55.54 VERIZON WIRELESS 09-15 A/C 842160242-00001 502-2081-518.42-10 3,391.55 09-15 A/C 842160242-00003 502-2081-518.42-10 1,244.32 09-15 A/C 842160242-00004 502-2081-518.42-10 4,913.68 Information Technologies Division Total:$31,843.97 RIGHT SYSTEMS INC COMPUTERS,DP & WORD PROC. 502-2082-594.65-10 299.48 COMPUTERS,DP & WORD PROC. 502-2082-594.65-10 2,586.38 COMPUTERS,DP & WORD PROC. 502-2082-594.65-10 2,364.83 IT Capital Projects Division Total:$5,250.69 Finance Department Total:$37,094.66 Information Technology Fund Total:$37,094.66 HSA BANK TRANSACTION FEES 503-1631-517.41-50 27.00 TRANSACTION FEES 503-1631-517.41-50 194.25 REDACTED DISABILITY BOARD-SEPT 503-1631-517.46-35 36.39 DISABILITY BOARD-SEPT 503-1631-517.46-35 163.16 DISABILITY BOARD-SEPT 503-1631-517.46-35 177.65 DISABILITY BOARD-SEPT 503-1631-517.46-35 418.00 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 154.10 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 174.70 Page 16 of 18 Oct 9, 2024 8:34:53 AM October 15, 2024 E - 16 City of Port Angeles City Council Expenditure Report Between Sep 21, 2024 and Oct 4, 2024 Vendor Description Account Number Amount REDACTED REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 442.90 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 679.70 REDQUOTE, INC. HRA REIMBURSEMENT 503-1631-517.46-30 1,883.85 HRA REIMBURSEMENT 503-1631-517.46-30 4,485.51 HRA REIMBURSEMENT 503-1631-517.46-30 3,291.27 HRA REIMBURSEMENTS 503-1631-517.46-30 7,054.70 HRA REIMBURSEMENT 503-1631-517.46-30 1,703.46 HRA REIMBURSEMENT 503-1631-517.46-30 1,208.58 Other Insurance Programs Division Total:$24,012.42 MISC CLAIM SETTLEMENTS IN HOUSE LIABILITY CLAIM 503-1671-517.49-98 3,000.00 Comp Liability Division Total:$3,000.00 Self Insurance Department Total:$27,012.42 Self-Insurance Fund Total:$27,012.42 CHAPTER 13 TRUSTEE CASE #21-10696 920-0000-231.56-90 358.00 EMPLOYEES ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-30 1,192.00 EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-10 567.81 PAYROLL SUMMARY 920-0000-231.52-20 25,993.05 FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 119,750.20 FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 131,707.84 HRA VEBA PLAN PAYROLL SUMMARY 920-0000-231.52-60 3,300.00 HSA BANK EMPLOYEE CONTRIBUTIONS 920-0000-231.52-40 4,643.73 PAYROLL SUMMARY 920-0000-231.53-11 50.00 PAYROLL SUMMARY 920-0000-231.53-12 257.73 JOHN HANCOCK LIFE INSURANCE CO PAYROLL SUMMARY 920-0000-231.52-25 1,655.54 MISSION SQUARE-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 33,886.73 OFFICE OF SUPPORT ENFORCEMENT PAYROLL SUMMARY 920-0000-231.56-20 1,144.53 Page 17 of 18 Oct 9, 2024 8:34:53 AM October 15, 2024 E - 17 City of Port Angeles City Council Expenditure Report Between Sep 21, 2024 and Oct 4, 2024 Vendor Description Account Number Amount TEAMSTERS LOCAL 589 PAYROLL SUMMARY 920-0000-231.54-10 2,566.50 PAYROLL SUMMARY 920-0000-231.54-10 2,516.50 PAYROLL SUMMARY 920-0000-231.54-10 (41.50) PAYROLL SUMMARY 920-0000-231.54-10 41.50 UNITED WAY (PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 178.99 WSCFF/EMPLOYEE BENEFIT TRUST PAYROLL SUMMARY 920-0000-231.53-20 5,600.00 Division Total:$335,369.15 Department Total:$335,369.15 Payroll Clearing Fund Total:$335,369.15 Total for Checks Dated Between Sep 21, 2024 and Oct 4, 2024 $2,261,903.52 Page 18 of 18 Oct 9, 2024 8:34:53 AM October 15, 2024 E - 18 Date: October 15, 2024 To: City Council From: Scott Curtin, Director of Public Works & Utilities Subject: Material Purchase: Wooden Utility Poles Background / Analysis: This procurement will replenish the Light Operations Division’s pole inventory. It is necessary to restock the City’s inventory of wooden electric utility poles in order to meet customer and safety needs. The new poles will be used in ongoing work including pole installation and existing pole replacement throughout the City and are anticipated to take 7-8 weeks to receive once ordered. Pricing from the Sourcewell Cooperative Purchasing Contract, including applicable tax and freight, is summarized below: Vendor Description Qty Unit Price Total Price WESCO Distribution, Inc. Pole WRC 45/3 10 $1659.14 $16,591.40 Pole WRC 40/3 40 $1,376.00 $55,040.00 8.9% Sales Tax $6,375.20 $6,375.20 TOTAL $78,006.60 Funding Overview: Funds are available in the 2024 Electric Utility budget (401-7180-533-3402) in the amount of $78,006.60, including applicable tax. Attachment: None. Summary: The purpose of this memo is to receive City Council approval for the purchase of fifty (50) wooden utility poles for the Light Operations Division in the amount of $78,006.60, including applicable tax. Through the City’s membership with Sourcewell purchasing cooperative, a participating distributor of general electric supplies WESCO Distribution, Inc. of Portland, OR was selected from the cooperative vendor list, Contract No. 091422-WES for electric power poles purchase. Funding: Funds are available in the 2024 Electric Supplies and Inventory budget (401-7180-533-3402) in the amount of $78,006.60, including applicable tax. Recommendation: 1) Award a contract to WESCO Distribution, Inc. of Portland, OR in the amount of $78,006.60, including tax, for the purchase of fifty (50) wooden utility poles and; 2) authorize the City Manager to execute all contract-related documents, to administer the contract, and to make minor modifications as necessary. October 15, 2024 E - 19 Date: October 15, 2024 To: City Council From: Corey Delikat, Parks & Recreation Director Subject: Facility Use Agreement- Coastal Community Action Program Background / Analysis: In September of 2023, the City decided to partner with Coastal Community Action Program (CCAP) on a one (1) year trial basis to run the Senior Nutrition Program at the Port Angeles Senior Center. In CCAP’s first year they have done an amazing job changing the types of meals, the time meals are served, and the great customer service they provide to the senior citizen population to allow affordable and nutritious meals to the Senior Nutrition and the Meals on Wheels Programs. Below shows the measurables they have been able to do in one year: • 42.2% increase in the number of seniors served through congregate meals. • Seniors benefit from safer travel during daylight hours and research suggests that seniors should consume a larger lunch than dinner for better energy levels and improved digestion. • Senior satisfaction has risen over the past year, thanks to new menus, staffing changes, and offerings. • Currently, CCAP provides seven meals per week to 100 households from PA to SQ, delivering a total of 700 meals to homebound seniors each week—a 10.8% increase compared to last year. The Facility Agreement with CCAP for 2025 will start with a fee in January of $802.17 per month. For each subsequent year, the program agreement shall be the rate of the initial yearly program use period plus 90% of the increase shown in the Consumer Price Index, CPI-U, for the Seattle, Washington, as reported for June of each year. Such amount shall become effective on the first day of January of each yearly period and shall be payable in advance on the first day of each month during that period. Funding Overview: The 2025 revenue from this Facility Use Agreement with CCAP will be $802.17 per month totaling $9,625.99 for the year. Attachment: Facility Use Agreement Summary: In September of 2023, the City decided to partner with Coastal Community Action Program (CCAP) on a one (1) year trial basis to run the Senior Nutrition Program at the Port Angeles Senior Center. In CCAP’s first year they have done an amazing job changing the types of meals, the time meals are served and the great customer service they provide to the senior citizen population to allow affordable and nutritious meals to the Senior Nutrition and the Meals on Wheels Programs. The City and CCAP want to continue this service and partnership by approving a new five (5) year agreement with them. Funding: The 2025 revenue from this Facility Use Agreement with CCAP will be $802.17 per month totaling $9,625.99 for the year. Recommendation: 1) Authorize the City Manager to sign a Facility Use Agreement with Coastal Community Action Program, and 2) allow the City Manager to make minor modifications to the Agreement, if necessary. October 15, 2024 E - 20 FACILITY USE AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND COSTAL COMMUNITY ACTION PROGRAM, INC. THIS AGREEMENT is entered into this _____day of _______________, 2024, by and between the City of Port Angeles, a non-charter code city and municipal corporation of the State of Washington (hereinafter "City"), and Coastal Community Action Program, Inc., a private, non-profit corporation formed under the laws of the State of Washington (hereinafter “CCAP”), 208 West Market Street, Aberdeen, Washington, which operates a Senior Nutrition Program providing low-cost meals for senior citizens: In consideration of the mutual covenants and benefits contained herein, the parties agree as follows: 1.PURPOSE: The parties mutually desire to offer a Senior Nutrition Program open to persons eligible under CCAP's Senior Nutrition Program at the City's Senior Center. 2.FACILITIES: The facilities subject to this Agreement are the dining room and the kitchen facilities, and access thereto, of the Port Angeles Senior Services/Community Center, located at 328 East Seventh Street in the City of Port Angeles, Washington. 3.USE OF FACILITIES: The facilities shall be used for the storing, preparing, and serving of foodstuffs and meals to persons eligible under CCAP's Senior Nutrition Program. CCAP may use the subject facilities for these purposes Monday through Friday of each week. CCAP may enter the subject facilities beginning at 6:00 a.m. and shall vacate the same by 7:00 p.m. CCAP shall have primary use of kitchen facilities during the period of 6 a.m. to 2:00 p.m., Monday through Friday. CCAP shall have exclusive use of the dining room during the period of 9:00 a.m. to 2 p.m., Monday through Friday. Upon completion of each day's preparation and serving of meals, CCAP shall leave the facilities in a neat, sanitary, and safe condition, having washed and stored all cooking and dining equipment, cleaned tables and chairs, and vacuumed or broom -cleaned the floor, as appropriate. CCAP shall abide by all laws, rules, and regulations concerning the protection of such facilities from fire and other casualties and applicable health regulations. Expectations of the cleanliness of the facility are outlined in Attachment “A”. The City reserves the right to use the facilities for itself or its designees at all times not addressed in this Agreement. 4.TERM: The initial term of this agreement shall be for five (5) years, terminating on ______________, 2029. At the expiration of the initial five-year term, the Agreement may be renewed for an additional five-years, PROVIDED, the Parties’ Facility Committee has met to review the contract and recommend changes, if any, one hundred eighty (180) days prior to the termination date. 5.FACILITY USE PAYMENT AMOUNT: Starting in 2025, CCAP agrees to pay City the amount of $775.64 per month, payable in advance on the first day of each and every month during the first yearly period hereof. The amount for each subsequent yearly period of this October 15, 2024 E - 21 2 program agreement shall be the rate for the initial yearly program use period plus 90% of the increase shown in the Consumer Price Index, CPI-U, for the Seattle, Washington, as reported for June of each year. Such amount shall become effective on the first day of January of each yearly period and shall be payable in advance on the first day of each month during that period. 6. UTILITIES: City agrees that it will provide electricity, water, and sewage service to facilities without charge. CCAP agrees to monitor the use thereof and to prevent abuse or waste. 7. MAINTENANCE: City agrees to maintain and repair structural portions of the facilities including electrical, plumbing, fixtures, and appliances, except for damage or malfunction thereof which may be caused by CCAP, in which case CCAP agrees promptly to reimburse the City for the City's cost in repairing or replacing the same. In addition to CCAP’s obligations under Section 3 of this Agreement, The City shall be responsible for general janitorial services and maintenance of the facilities in a neat, sanitary, and safe condition after use by CCAP. 8. AGENCY: The parties agree that CCAP is a separate, distinct, and independent entity; is not the agent or representative of the City; has no right to bind the City, whether by contract or conduct; and that no employee of CCAP shall, for any purpose, be deemed an employee or agent of City. 9. LIENS: CCAP shall not suffer or permit any lien to be filed against the City's property by reason of work, labor, services, or materials performed or supplied to CCAP. If any such lien is filed, CCAP shall cause the same to be discharged of record within thirty (30) days after the date of filing the same. 10. INDEMNIFICATION and HOLD HARMLESS: CCAP shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 11. INSURANCE: CCAP shall procure and maintain for the duration of this Agreement, liability insurance against claims for injuries to persons or damage to property that may arise from or in connection with the use of the City's facilities. Said policy shall provide coverage with a company authorized to do business in the State of Washington and shall be written with limits no less than $2,000,000 each occurrence and $2,000,000 aggregate. The City shall be endorsed as an additional insured and the policy shall contain a clause stating that coverage shall apply separately as to each insured, except with respect to the limits of the insurer's liability. CCAP's insurance shall be primary insurance with respect to the City, and the City shall be given two (2) day's written notice of any cancellation, suspension, or material change in coverage. CCAP’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of CCAP to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. October 15, 2024 E - 22 3 12. ASSIGNMENT: The rights and obligations of CCAP as set forth in this Agreement shall not be assigned without the express written authority of City. 13. CIVIL RIGHTS and OTHER COMPLIANCES: A. During the performance of this Agreement, CCAP agrees to comply with Title 6 of the Civil Rights Act of 1964, and all subsequent legislation relating to civil rights, which provides that no person shall, on the grounds of race, color or national origin, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program or activity. B. The work to be performed under this Agreement is in the Port Angeles Senior Services/Community Center building which was constructed with federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contract for work in connection to the project be awarded to business concerns that are located in or owned in substantial part by persons residing in the area of the building. 14. MODIFICATIONS: This Agreement constitutes the entire agreement between the parties and any oral representation or other understanding not incorporated herein is excluded. No alteration or modification of the agreement shall be effective unless such modification of the agreement shall be in writing and signed by the parties hereto. 15. APPLICABLE LAW AND VENUE: Any terms and provisions of this Agreement shall be determined under the laws of the State of Washington. Venue for any action brought pursuant to this agreement shall be exclusively in the Superior Court for the Clallam County, Washington. 16. TERMINATION: Should CCAP fail to operate the Senior Nutrition Program in good faith, within the time and manner herein set forth, or fail to keep or perform any or all of the agreements contained herein, and fails to cure said default within sixty (60) days’ notice of said default by City, then this Agreement may be terminated by City. This Agreement may be terminated by CCAP in the event CCAP is no longer operating the Senior Nutrition Program, provided CCAP gives the City at least 60 days written notice of such termination. October 15, 2024 E - 23 4 IN WITNESS WHEREOF, the undersigned have duly executed this Agreement on or about the _______ day of _________ 20__. CITY OF PORT ANGELES ________________________________ Nathan A. West, City Manager COASTAL COMMUNITY ACTION PROGRAMS (CCAP) _________________________________ Coastal Community Action Program Representative Approved as to form: __________________________ William E. Bloor, City Attorney Attest: __________________________ Kari Martinez Bailey, City Clerk October 15, 2024 E - 24 5 Attachment “A” Safety & Cleanliness Best Practices As part of the Senior Nutrition Program Agreement between CCAP and the City of Port Angeles, the following practices shall be performed to ensure safety and applicable health regulations are being performed: 1. Safety a. Floor Paths are clear of boxes, brooms, & other obstructions. b. Do not block areas where floors are painted “Keep Clear.” This is a code violation and areas need to be kept clear for electrical panel access. c. Use of “Wet Floor” Signs after the floor is mopped or if a spill occurs. d. All Food Handling and Cooking/Food Temperatures must conform to Clallam County Environmental Health Division Regulations. 2. Cleanliness (Performed Daily or After each Use) a. Any mess made must be cleaned up in a timely manner. b. Wipe down and keep clean all cooking and prep surfaces during food preparation, including the steam table. At the end of the day, these surfaces must be cleaned in accordance of the Clallam County Environmental Health Services. c. Clean warming tables after each use with a damp cloth. d. Appropriately clean the cooking grill after each use. e. Empty grease drawers from under the grill and dispose of it properly in accordance to Clallam County Environmental Health Services. DO NOT POUR THE GREASE DOWN THE SINK DRAINS. f. Clean all stainless-steel doors, splash areas, kitchen sink, freezer & cooler door, and freezer door handle. Surfaces must be cleaned in accordance of the Clallam County Environmental Health Services. g. Sweep and mop the floors after each use. 3. Cleanliness (Performed Weekly) a. Clean kitchen mats by running them through the dishwasher. 4. Cleanliness (Quarterly) October 15, 2024 E - 25 6 a. Roll out shelving from the freezer and cooler and wipe down. Also, while shelving is out, clean the walls and the floors of the freezer and cooler. b. Roll out the dish containers in the stainless-steel cabinets and sweep and mop the floors inside of them. October 15, 2024 E - 26 Date: October 15, 2024 To: City Council From: Nathan A. West City Manager William E. Bloor, City Attorney Subject: Harbor Cleanup Process – Attorney Engagement Agreement Background / Analysis: One facet of the ongoing work related to the Western Port Angeles Harbor cleanup efforts is securing insurance coverage for the City’s portion of the costs. While the insurance companies have paid for attorneys for other portions of the harbor cleanup work, this has been accomplished only through the persistent work of attorneys the City hired to pursue claims against the City’s legacy insurance carriers. Until recently that work had been done by PKG Law. Unfortunately, that law firm has been dissolved. Since that occurred, City staff have reviewed the skills and qualifications of other law firms. Now, staff recommend that Council authorize the City Manager to retain Cascadia Law to continue prosecuting the City’s claims for insurance coverage. The City has previously worked with attorneys from Cascadia Law on harbor related matters and has been very satisfied by their work. Funding: The rate for attorney services in this agreement is at a discounted rate of $400 per hour. As has been true in the past, we expect that most or all of the fees will be reimbursed through insurance claims. Attachments: None. Summary: As part of ongoing work on the Western Port Angeles Harbor cleanup, the City needs to engage an attorney to pursue insurance claims and secure coverage for the City’s portion of the costs. The law firm that was previously handling these issues has dissolved. Staff have selected Cascadia Law, a law firm the City has previously had great success in working with, to replace the previous firm. Funding: The rate for attorney services in this agreement is at a discounted rate of $400 per hour. As has been true in the past, we expect that most or all of the fees will be reimbursed through insurance claims. Recommendation: Authorize the City manager to approve and execute a standard Engagement Agreement with Cascadia Law and to make minor modifications as necessary. October 15, 2024 E - 27 Summary: On July 16, 2024, City Council awarded a contract for the Landfill Beach Nourishment project in the amount of $81,322.16 to place beach nourishment in front of the 454-foot long seawall fronting the Landfill bluff face. The work was inspected and accepted as complete with the final project costs amounting to $76,589.38 including taxes. A 5% retainage is being withheld by the City of Port Angeles for this contract. Funding: Funds are available in the approved 2024 Solid Waste Utility Repairs and Maintenance budget account 404-7585-537-4810 for the Landfill Beach Nourishment Project in the amount of $76,589.38. Recommendation: 1) Accept the Landfill Beach Nourishment project CON 2024-29 as complete, and 2) authorize staff to proceed with project closeout, and 3) release the retainage upon receipt of all required clearances. Date: October 15, 2024 To: City Council From: Scott Curtin, Director of Public Works & Utilities Subject: Landfill Beach Nourishment CON 2024-29 Final Acceptance Background / Analysis: The Landfill Beach Nourishment project placed 2600 cubic yards of clean beach nourishment material as part of the recurring conditions set forth in the Shoreline Conditional Use Permit, and Hydraulic Project Approval (HPA) by the U.S. Department of Fish and Wildlife and the Army Corp of Engineers. Bids were opened on July 3, 2024 and four bids were received with Raptor Excavating and Contracting LLC of Onalaska, WA as the lowest responsible bidder with a bid amount of $81,322.16, including all applicable taxes. The project was successfully completed August 18, 2023. Funding Overview: Project Cost Summary Original Contract Amount Change Orders Unit Quantity Variations Final Cost Project Cost Variance $81,322.16 $0.00 ($4,732.78) $76,589.38 -6.18% City staff recommends City Council accept the Landfill Beach Nourishment project CON 2024-29 as complete, and authorize staff to proceed with project close out, and release the retainage bond upon receipt of required clearances. Attachments: None. October 15, 2024 E - 28 Date: October 15, 2024 To: City Council From: Scott Curtin, Director of Public Works & Utilities Subject: Pad-Mounted Transformers - Bid Rejection – MEC-2024-09 Background / Analysis: Notice of the bid opportunity for the Pad-Mounted Transformers purchase was advertised through the City’s Small Works Roster and the Peninsula Daily News on August 13, 2024. On September 19, 2024, six bids were received and opened. General Pacific, of Fairview, OR, was the lowest, responsive bidder with a total bid amount of $167,275.49, including tax. The original bid opportunity requested pricing for four different models of three phase pad-mounted transformers. After Light Operations reevaluated upcoming City projects and inventory, the need for four models was reduced to two. Legal reviewed this change and determined the actual purchase differs enough from what was advertised that other bidders could raise a legitimate objection; rejecting and rebidding the purchase is the best option for the City. The total bid amounts, including taxes, are tabulated in the following table: Contractor Total Bid General Pacific, Fairview, OR $167,275.49 Border States, Lacey, WA $297,227.30 Wesco/Anixter, Portland, OR $351,248.24 Technology International, Inc., Lake Mary, FL $484,387.20 Larson Electronics, LLC $392,791.16 ECB Solutions $240,029.00 Engineer’s Estimate $200,000.00 Funding Overview: Funding in the amount of $200,000.00 is available in the approved 2025 Electric Utility Material Inventory Budget (401-0000-141-4400). Attachments: None. Summary: The City opened six bids for the Pad-Mounted Transformers purchase, MEC-2024-09, on September 19, 2024. The lowest responsible bidder was General Pacific, of Fairview, OR in the amount of $167,275.49, including tax. After the notice of the bid opportunity was advertised, the needs of Light Operations changed due to upcoming City projects resulting in the need to amend the bid advertisement and re-bid the purchase. Funding: Funding in the amount of $200,000.00 is available in the approved 2025 Electric Utility Material Inventory Budget (401-0000-141-4400). Recommendation: 1) Reject all bids received for the Pad-Mounted Transformers, MEC-2024-09, and 2) direct staff to re-bid at a later time. October 15, 2024 E - 29 Date: October 15, 2024 To: City Council From: Scott Curtin, Director of Public Works & Utilities Subject: Resolution Designating Applicant Agent – Hazard Mitigation Assistance Program Background / Analysis: According to the Clallam County Multi-Jurisdictional Hazard Mitigation Plan, tsunami events have been identified across the Pacific Ocean basin and from the Cascadia Subduction Zone. The proposed Laurel Street Stairs Pedestrian Vertical Evacuation Route project is to replace the existing, blighted monumental stairway to provide a newly constructed escape route for pedestrians in an area deemed tsunami hazardous. The base of the stairway is in the heart of downtown Port Angeles and sits 36 feet above sea-level. This project will construct a newly designed stairway to provide life-saving protection by utilizing the natural bluff to enable vertical evacuation to 90 feet above sea-level. Staff submitted a pre-application to the State of Washington Hazard Mitigation Grant Program (HMGP) for grant funding in August 2024. On September 10, 2024, staff received notification that the City of Port Angeles is invited to complete and submit a full application package for grant funding consideration. A signed Resolution Designating Applicant Agent is required as part of the full application package. The full application deadline for this grant round is October 25, 2024. Funding Overview: There is no funding requirement at this time. The resolution simply allows Staff the ability to submit the grant application to obtain funds for the project. Attachments: Summary: The purpose of this memo is to seek City Council approval granting the Mayor the authority to designate an applicant agent for the State of Washington Hazard Mitigation Grant Program (HMGP) for the Laurel Street Stairs Pedestrian Vertical Evacuation Route project. Funding: There is no funding requirement at this time. The resolution simply allows Staff the ability to submit the grant application to obtain funds for the project. Recommendation: 1) Authorize the Mayor to designate an applicant agent for the State of Washington Hazard Mitigation Grant Program and, 2) sign the Resolution Designating Applicant Agent for grant application submittal. October 15, 2024 E - 30 October 15, 2024 E - 31 Date: October 15, 2024 To: City Council From: Nathan A. West, City Manager Subject: Resolution in Support of Port Angeles School District #112 Presentation / Proposition 1 – Replacement Educational Programs and Operation Levy Resolution No. 2324-10, and Proposition 2 – Bonds to Replace and Renovate Deteriorating Schools and Improve Safety Resolution No. 2324-11 Background / Analysis: On October 1, staff from School District #112 presented slides on two propositions set for the November 5, 2024 general election. During that same meeting, Council directed staff to draft a resolution in support of the propositions. State law allows an elected legislative body, such as the City Council, to endorse a ballot measure, provided that: 1. Action is taken at an open public meeting; Summary: Staff from Port Angeles School District #112 have reached out to local governments and service groups requesting the opportunity to share educational information on two propositions that will appear on the upcoming general election ballot. On October 1, staff from School District #112 shared information slides with City Council on two propositions set for the November 5, 2024 general election. During that same meeting, Council directed staff to draft a resolution in support of the propositions. Funding: N/A Recommendation: 1)Open the public hearing. 2)Hear public comment, for and against, on: School District #112 Proposition 1 – Replacement Educational Programs and Operation Levy Resolution No. 2324-10 and School District #112 Proposition 2 – Bonds to Replace and Renovate Deteriorating Schools and Improve Safety Resolution No. 2324-11, allowing equal time to each side, those for and against the matter. 3)Close the public hearing. 4)Council may express a collective decision to support one or both of the ballot propositions, or adopt the attached Resolution that supports both propositions. October 15, 2024 F - 1 2. The published meeting agenda includes the title and number of the ballot proposition; and 3. Members of the public are afforded an approximately equal opportunity for the expression of an opposing view. The approach as recommended is authorized under RCW 42.17A.555, Use of public office or agency facilities in campaigns — Prohibition — Exceptions, explicitly states that: No elective official nor any employee . . . may use . . . any of the facilities of a public office or agency, directly or indirectly, for the purpose of . . . promotion of or opposition to any ballot proposition. . . . . However, this does not apply to the following activities: Action taken at an open public meeting by members of an elected legislative body . . . to express a collective decision, . . . to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body . . . or members of the public are afforded an approximately equal opportunity for the expression of an opposing view; Staff recommends that Council: 1) Open the public hearing. 2) Hear public comment, for and against, on: School District #112 Proposition 1 – Replacement Educational Programs and Operation Levy Resolution No. 2324-10 and School District #112 Proposition 2 – Bonds to Replace and Renovate Deteriorating Schools and Improve Safety Resolution No. 2324-11, allowing equal time to each side, those for and against the matter. 3) Close the public hearing. 4) Council may express a collective decision to support one or both of the ballot propositions, or adopt the attached Resolution that supports both propositions. It may do so by adopting the attached resolution or may make and adopt a motion that in other words expresses its support for the Ballot Propositions. Funding Overview: N/A Attachments: 1. Resolution 2. School District #112 Proposition 1 – Replacement Educational Programs and Operation Levy Resolution No. 2324-10 3. School District #112 Proposition 2 – Bonds to Replace and Renovate Deteriorating Schools and Improve Safety Resolution No. 2324-11, October 15, 2024 F - 2 RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, expressing its support for passage of Port Angeles School District #112 Proposition 1 – Replacement Educational Programs and Operation Levy Resolution No. 2324-10, and Proposition 2 – Bonds to Replace and Renovate Deteriorating Schools and Improve Safety Resolution No. 2324-11, set to appear on the November 5, 2024 ballot. WHEREAS, the Port Angeles School District 121 has placed on the November 5, 2024 ballot a levy measure titled Proposition No. 1 – Replacement Educational Programs and Operation Levy Resolution No. 2324-10, concerns a proposition to finance educational programs and operation expenses; and. WHEREAS, the Port Angeles School District 121 has placed on the November 5, 2024 ballot a levy measure titled Proposition 2 – Bonds to Replace and Renovate Deteriorating Schools and Improve Safety Resolution No. 2324-11, provides safe, modern facilities to enhance learning; and WHEREAS, during their City Council meeting on October 1, 2024, staff from School District #112 presented slides on these 2 propositions that are set for the November 5, 2024 general election; and WHEREAS, during that same meeting, Council directed staff to draft a resolution in support of the propositions; and WHEREAS, pursuant to RCW 42.17A.555 the Council desires to express its support for passage of School District #112 Proposition 1 – Replacement Educational Programs and Operation Levy Resolution No. 2324-10, and Proposition 2 – Bonds to October 15, 2024 F - 3 Replace and Renovate Deteriorating Schools and Improve Safety Resolution No. 2324-11; and WHEREAS, on October 15, 2024, the City Council conducted a Public Hearing, for which all notices included the full ballot title and number, with the purpose to hear public testimony on Port Angeles School District #112 Proposition 1 – Replacement Educational Programs and Operation Levy Resolution No. 2324-10 and School District #112 Proposition 2 – Bonds to Replace and Renovate Deteriorating Schools and Improve Safety Resolution No. 2324-11, allowing equal time to each side, those for and against to speak to the matter; and WHEREAS, after the Council heard public testimony, for and against, and all members of the Council and members of the public were given equal opportunity to express an opposing view at the open public meeting, and all who wished to speak were heard, the City Council moved to take action to support the ballot propositions NOW, THEREFORE, BE IT RESOLVED that the Port Angeles City Council hereby declares its support for passage the of Port Angeles School District No. 121’s November 5, 2024 ballot propositions, titled Proposition 1 – Replacement Educational Programs and Operation Levy Resolution No. 2324-10, and Proposition 2 – Bonds to Replace and Renovate Deteriorating Schools and Improve Safety Resolution No. 2324-11. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 15th day of October, 2024. _______________________________ Kate Dexter, Mayor October 15, 2024 F - 4 ATTEST: ________________________________ Kari Martinez-Bailey, City Clerk APPROVED AS TO FORM: _______________________________ William E. Bloor, City Attorney October 15, 2024 F - 5 Please include this form with each resolution. Name of District: Port Angeles School District No. 121, Clallam County, Washington District Address: 905 W. 9th St., Port Angeles, WA 98363 Date of Election: November 5, 2024 Contact Person/Title; Martin A. Brewer / Superintendent and Secretary to the Board Contact Phone: 360.565.3702 Email: mbrewer@portangelesschools.org Attorney for District: Lee Marchisio Attorney Phone: 206.447.6264 Email: lee.marchisio@foster.com Type of Election (levy, bond, lid lift, etc.): Proposition No. 1 - Replacement Educational Programs and Operation Levy Please state the pass/fail requirement for this measure (simple majority, supermajority, 60% plus validation, etc.) as determined by your legal counsel: Levy must be approved by a simple majority of the qualified voters. See Wash. Const. art. VI I, § 2(a); and RCW 84.52.053. Questions? Clallam County Elections Division Phone: 360-417-2217 Email: elections@clallamcountywa.gov MCKCIflWTND JUL 3 0 2024 CLALLAM CO ELECTIONS October 15, 2024 F - 6 PORT ANGELES SCHOOL DISTRICT NO. 121 CLALLAM COUNTY, WASHINGTON PROPOSITION NO. 1 - REPLACEMENT EDUCATIONAL PROGRAMS AND OPERATION LEVY RESOLUTION NO. 2324-10 A RESOLUTION of the Board of Directors of Port Angeles School District No. 121, Clallam County, Washington, providing for the submission to the voters of the District at a special election to be held on November 5, 2024, in conjunction with the State General election to be held on the same date, of a proposition authorizing an excess tax levy to be made annually for four years commencing in 2025 for collection in 2026 of $8,555,041, in 2026 for collection in 2027 of $8,640,591, in 2027 for collection in 2028 of $8,726,997, and in 2028 for collection in 2029 of $8,814,267, for the District's General Fund to pay expenses of educational programs and operation; designating the Secretary to the Board and special counsel to receive notice of the ballot title from the Auditor of Clallam County, Washington; and providing for related matters. ADOPTED: JULY 25, 2024 This document prepared by. - FOSTER GAR VEY P.C. 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 206) 447-5339 M(XE%17M© JUL 3 0 2024 CLALLAM CO ELECTIONS FG: 102790585.2October 15, 2024 F - 7 PORT ANGELES SCHOOL DISTRICT NO. 121 CLALLAM COUNTY, WASHINGTON RESOLUTION NO. 2324-10 A RESOLUTION of the Board of Directors of Port Angeles School District No. 121, Clallam County, Washington, providing for the submission to the voters of the District at a special election to be held on November 5, 2024, in conjunction with the State General election to be held on the same date, of a proposition authorizing an excess tax levy to be made annually for four years commencing in 2025 for collection in 2026 of $8,555,041, in 2026 for collection in 2027 of $8,640,591, in 2027 for collection in 2028 of $8,726,997, and in 2028 for collection in 2029 of $8,814,267, for the District's General Fund to pay expenses of educational programs and operation; designating the Secretary to the Board and special counsel to receive notice of the ballot title from the Auditor of Clallam County, Washington; and providing for related matters. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF PORT ANGELES SCHOOL DISTRICT NO. 121, CLALLAM COUNTY, WASHINGTON, as follows: Section 1. Findings and Determinations. The Board of Directors (the "Board") of Port Angeles School District No. 121, Clallam County, Washington (the "District"), takes note of the following facts and makes the following findings and determinations: a) Calendar year 2025 is the last year of collection of the District's current four-year General Fund educational programs and operation tax levy, which was authorized pursuant to Resolution No. 1920-15, adopted by the Board on July 23, 2020, and approved by the voters at a special election held and conducted within the District on November 3, 2020. b) With the expiration of the District's current four-year General Fund educational programs and operation tax levy, it appears certain that the money in the District's General Fund for the school years 2025-2026, 2026-2027, 2027-2028, 2028-2029 and 2029-2030 will be insufficient to permit the District to meet the educational needs of its students and pay expenses of educational programs and operation not funded by the State of Washington, all as more particularly set forth in Section 3 of this resolution, during such school years, and that it is necessary that a replacement excess tax levy of $8,555,041 be made in 2025 for collection in 2026, $8,640,591 be made in 2026 for collection in 2027, $8,726,997 be made in 2027 for collection in 2028, and $8,814,267 be made in 2028 for collection in 2029 for the District's General Fund to provide the money required to meet those expenses. c) The District's proposed four-year General Fund educational programs and operation tax levy authorized in this resolution provides for approximately the same educational programs and operation purposes as the District's expiring four-year General Fund educational programs and operation tax levy. d) Pursuant to Article VII, Section 2(a) of the Washington Constitution and Revised Code of Washington ("RCW") 84.52.053, the District may submit to its voters at a special election, FG: 102790585.2October 15, 2024 F - 8 for their approval or rejection, a proposition authorizing the District to levy annual excess property taxes for support of (i.e., to pay or finance) the District's educational programs and operation expenses. e) The District has received or, prior to the time the ballot proposition authorized in this resolution is submitted to the voters, the District will have received approval of its educational programs and operation tax levy expenditure plan from the Office of the Superintendent of Public Instruction under RCW 28A.505.240 as required by RCW 84.52.053(4), a copy of which is or will be on file with the District. Section 2. Cal ling of Election. The Auditor of Clallam County, Washington, as ex officio Supervisor of Elections (the "Auditor"), is requested to call and conduct a special election in the manner provided by law to be held in the District on November 5, 2024, in conjunction with the State General election to be held on the same date, for the purpose of submitting to the District's voters, for their approval or rejection, the proposition authorizing a replacement General Fund educational programs and operation tax levy on all of the taxable property within the District (the assessed value of such representing 100% of true and fair value unless specifically provided otherwise by law) to be made annually for four years commencing in 2025 for collection in 2026 of $8,555,041, the estimated dollar rate of tax levy required to produce such an amount being $1.40 per $1,000 of assessed value, in 2026 for collection in 2027 of $8,640,591, the estimated dollar rate of tax levy required to produce such an amount being $1.40 per $1,000 of assessed value, in 2027 for collection in 2028 of 8,726,997, the estimated dollar rate of tax levy required to produce such an amount being $1.40 per 1,000 of assessed value, and in 2028 for collection in 2029 of $8,814,267, the estimated dollar rate of tax levy required to produce such an amount being $1.40 per $1,000 of assessed value, all in excess of the maximum tax levy allowed by law for school districts without voter approval. The exact tax levy rate and amount to be collected may be adjusted based upon the actual assessed value of the taxable property within the District and the limitations imposed by law at the time of the tax levy. Section 3. Use of Taxes. If the proposition authorized by this resolution is approved by the requisite number of voters, the District will be authorized to levy the excess property taxes up to the amounts provided in this resolution to meet the educational needs of its students and pay expenses of educational programs and operation not funded by the State of Washington during the school years 2025-2026, 2026-2027, 2027-2028, 2028-2029 and 2029-2030, all as may be authorized by law and determined necessary by the Board. Pending the receipt of those taxes, the District may issue short- term obligations pursuant to chapter 39.50 RCW or contract indebtedness pursuant to RCW 28A.530.080. Upon receipt, the District may use those taxes to repay such short-term obligations or indebtedness, all as may be authorized by law and determined necessary and advisable by the Board. Remainder ofpage intentionally left blank] 2- FG: 102790585.2 October 15, 2024 F - 9 Section 4. Form of Ballot Title. Pursuant to RCW 29A.36.071, the Clallam County Prosecuting Attorney is requested to prepare the concise description of the aforesaid proposition for the ballot title in substantially the following form: PROPOSITION NO. 1 PORT ANGELES SCHOOL DISTRICT NO. 121 REPLACEMENT EDUCATIONAL PROGRAMS AND OPERATION LEVY The Board of Directors of Port Angeles School District No. 121 adopted Resolution No. 2324-10, concerning a proposition to finance educational programs and operation expenses. This proposition would authorize the District to levy the following excess taxes, in place of an expiring levy, upon all taxable property within the District, for support of the District's General Fund educational programs and operation expenses not funded by the State of Washington: Estimated Levy Rate/$1,000 Collection Year Assessed Value Levy Amount 2026 1.40 8,555,041 2027 1.40 8,640,591 2028 1.40 8,726,997 2029 1.40 8,814,267 all as provided in Resolution No. 2324-10. Should this proposition be approved? LEVY... YES LEVY ... NO Section 5. Authorization to Deliver Resolution to Auditor and Perform Other Necessary Duties. The Secretary to the Board (the "Secretary") or the Secretary's designee is authorized and directed to: (a) present a certified copy of this resolution to the Auditor no later than August 6, 2024; and (b) perform such other duties as are necessary or required by law to submit to the District's voters at the aforesaid special election, for their approval or rejection, the proposition authorizing the District to levy excess property taxes for support of the District's educational programs and operation expenses. Section 6. Notices Relating to Ballot Title. For purposes of receiving notice of the exact language of the ballot title required by RCW 29A.36.080, the Board hereby designates (a) the Secretary (Martin A. Brewer), telephone: 360.457.8575; email: ciibrewernportangelesschools.org; and (b) special counsel, Foster Garvey P.C. (Lee Marchisio and Jim McNeill), telephone: 206.447.6264 and 206.447,5339; email: lee.marchisio@a,foster.com and jim.meneill@foster.com, as the individuals to whom the Auditor shall provide such notice. The Secretary is authorized to approve changes to the ballot title, if any, determined necessary by the Auditor or the Clallam County Prosecuting Attorney. Section 7. Execution; General Authorization and Ratification. This resolution may be executed by the Directors being present and voting in favor of the resolution, or only the President 3- FG: 102790585.2October 15, 2024 F - 10 of the Board (the "President"), and attested by the Secretary, in tangible medium, manual, facsimile or electronic form under any security procedure or platform, and notwithstanding any other District resolution, rule, policy or procedure, or in any other manner evidencing its adoption. The Secretary, the District's Director of Finance and Operations, the President, and the District's special counsel, Foster Garvey P.C., are hereby further severally authorized and directed to take such actions and to create, accept, execute, send, use and rely upon such tangible medium, manual, facsimile or electronic documents, records and signatures under any security procedure or platform, and notwithstanding any other District resolution, rule, policy or procedure, as in their judgment may be necessary or desirable to effectuate the provisions of this resolution. All actions taken prior to the effective date of this resolution in furtherance of and not inconsistent with the provisions of this resolution are ratified and confirmed in all respects. Section 8. Severability. If any provision of this resolution is declared by any court of competent jurisdiction to be invalid, then such provision shall be null and void and shall be separable from the remaining provisions of this resolution and shall in no way affect the validity of the other provisions of this resolution, or of the levy or collection of excess property taxes authorized herein. Section 9. Effective Date. This resolution takes effect from and after its adoption. ADOPTED by the Board of Directors of Port Angeles School District No. 121, Clallam County, Washington, at a regular open public meeting held this 241h day of July, 2024. PORT ANGELES SCHOOL DISTRICT NO. 121 CLALLAM COUNTY, WASHINGTON President and Director Vice President and Orector Director Director Director ATTES MA IN A. BREW>R Secretary to the Board of Directors JUL 3 0 2024 LLAM CO In FG: 102790585.2October 15, 2024 F - 11 CERTIFICATION I, MARTIN A. BREWER, Secretary to the Board of Directors of Port Angeles School District No. 121, Clallam County, Washington (the "District"), hereby certify as follows: 1. The foregoing Resolution No. 2324-10 (the "Resolution") is a full, true and correct copy of the Resolution duly adopted at a regular meeting of the Board of Directors of the District the "Board") held at its regular meeting place on July 25, 2024 (the "Meeting"), as that Resolution appears in the records of the District, and the Resolution is now in full force and effect; and 2. The Meeting was duly convened, held and included an opportunity for public comment, in all respects in accordance with law, a quorum of the members of the Board was present throughout the Meeting, and a sufficient number of members of the Board present voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this 251h day of July, 2024. PORT ANGELES SCHOOL DISTRICT NO. 121 CLALLAM COUNTY, WASHINGTON MARTIN A. BREWER Secretary to the Board of Directors JUL 3 0 2024 co FG: 102790585.2October 15, 2024 F - 12 PORT ANGELES SCHOOL DISTRICT NO. 121 CLALLAM COUNTY, WASHINGTON EXPLANATORY STATEMENT PROPOSITION NO. 1 — REPLACEMENT EDUCATIONAL PROGRAMS AND OPERATION LEVY Proposition 2 authorizes Port Angeles School District to replace an existing educational programs and operation levy that will expire at the end of calendar year 2025. Taxes collected by this replacement levy will be used to pay expenses of educational programs and operation that are not funded by the State of Washington. These expenses include, but are not limited to: maintaining reasonably low class sizes; student transportation; athletics; music programs; extracurricular activities; special education; technology; and maintenance. Taxes collected by the proposed levy, will provide approximately 14% of the District's General Fund budget. Further information is available at https://www.portangelesschools.org/. Passage of this proposition would authorize the collection of taxes to provide up to $8,555,041 in 2026, $8,640,591 in 2027, $8,726,997 in 2028 and $8,814,267 in 2029. The tax levy rate required to produce these levy amounts is estimated to be $1.40 per $1,000 of assessed value. The exact tax levy rates and amounts to be collected may be adjusted based upon the limitations imposed by State law at the time of levy. Exemptions from taxes may be available, call the Clallam County Assessor 360-417-2400. Election Date: November 5, 2024 Word Count: 184 words — 200 allowed Prepared by: Foster Garvey P.C. Jim McNeill and Lee Marchisio, Bond Counsel 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 j im. mcneill (a), fo ster. com lee.marchisio(cr,foster.com 206) 447- 5339 206) 447-6264 FG: 102845845.2October 15, 2024 F - 13 Name of Jurisdiction/Proposition No.: Port Angeles School District - Levy Jurisdiction Contact Name: Casey McDonald Email: cmcdonald@portangelesschools.org Phone: 360-565-3702 Jurisdiction's responsibility: 1. Submit completed form to Clallam County Elections Division on or before the resolution submittal deadline: elections(a)clallamcountywa.gov 2. Provide committee members with statement submission requirements and deadlines. Requirements and deadlines can be found in the Elections Guide for Jurisdictions and Candidates.) Questions? Call (360) 417-2217 For" Committee (1-3 .- 1st Committee Member: Name Steve Methner Email stevemethner@outlook.com Phone Website www.yesforPAschools.org 2nd Committee Member: Name Jeff Bohman Email jrbohman@icloud.com 3rd Committee Member: I Name Email Against" Committee (1-3 members) 1st Committee Member: Name Email Phone Website 2nd Committee Member: Name Email 3rd Committee Member: Name Email 1st Committee Member must provide at least one method of contact, which will be published in the voters' guide/pamphlet. October 15, 2024 F - 14 Please include this form with each resolution. Name of District: Port Angeles School District No. 121, Clallam County, Washington District Address: 905 W. 9th St., Port Angeles, WA 98363 Date of Election: November 5, 2024 Contact Person/Title: Martin A. Brewer / Superintendent and Secretary to the Board Contact Phone: 360.565.3702 Email: Attorney for District: Lee Marchisio Attorney Phone: 206.447.6264 Type of Election (levy, bond, lid lift, etc.): mbrewer@portangelesschools.org Email: lee.marchisio@foster.com Proposition No. 2 - Bonds to Replace and Renovate Deteriorating Schools and Improve Safety Please state the pass/fail requirement for this measure (simple majority, supermajority, 60% plus validation, etc.) as determined by your legal counsel: Bonds must be approved by sixty percent (60%) of the qualified voters, plus 40% minimum turnout. See Wash. Const. art. VII, § 2(b); RCW 28A.530.010; RCW 28A.530.020; RCW 39.36.050; and RCW 84.52.056. Questions? Clallam County Elections Division Phone: 360-417-2217 Email: elections@clallamcountywa.gov Jul- 3 0 2024 co October 15, 2024 F - 15 PORT ANGELES SCHOOL DISTRICT NO. 121 CLALLAM COUNTY, WASHINGTON PROPOSITION NO.2 - BONDS TO REPLACE AND RENOVATE DETERIORATING SCHOOLS AND IMPROVE SAFETY RESOLUTION NO.2324-11 A RESOLUTION of the Board of Directors of Port Angeles School District No. 121, Clallam County, Washington, providing for the submission to the voters of the District at a special election to be held on November 5, 2024, in conjunction with the State General election to be held on the same date, of a proposition authorizing the District to issue general obligation bonds in the aggregate principal amount of no more than $140,000, 000, for the purpose of paying costs of constructing a new elementary school to replace Franklin Elementary School, making District -wide safety and security improvements, and renovating Port Angeles High School, the principal of and interest on such bonds to be payable from annual excess property tax levies; designating the Secretary to the Board and bond counsel to receive notice of the ballot title from the Auditor of Clallam County, Washington; authorizing a request for a Certificate of Eligibility from the State Treasurer for participation in the Washington State School District Credit Enhancement Program pursuant to chapter 39.98 RCW; and providing for related matters. ADOPTED: JULY 25, 2024 This document prepared by. - FOSTER GAR VEY P. C. 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 206) 447-5339 MCK OMMD JUL 3 0 2024 CLALLAM CO ELECil0i 5 FG: 102790813.2October 15, 2024 F - 16 PORT ANGELES SCHOOL DISTRICT NO. 121 CLALLAM COUNTY, WASHINGTON RESOLUTION NO. 2324-11 A RESOLUTION of the Board of Directors of Port Angeles School District No. 121, Clallam County, Washington, providing for the submission to the voters of the District at a special election to be held on November 5, 2024, in conjunction with the State General election to be held on the same date, of a proposition authorizing the District to issue general obligation bonds in the aggregate principal amount of no more than $140,000,000, for the purpose of paying costs of constructing a new elementary school to replace Franklin Elementary School, making District -wide safety and security improvements, and renovating Port Angeles High School, the principal of and interest on such bonds to be payable from annual excess property tax levies; designating the Secretary to the Board and bond counsel to receive notice of the ballot title from the Auditor of Clallam County, Washington; authorizing a request for a Certificate of Eligibility from the State Treasurer for participation in the Washington State School District Credit Enhancement Program pursuant to chapter 39.98 RCW; and providing for related matters. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF PORT ANGELES SCHOOL DISTRICT NO. 121, CLALLAM COUNTY, WASHINGTON, as follows: Section 1. Findings and Determinations. The Board of Directors (the "Board") of Port Angeles School District No. 121, Clallam County, Washington (the "District"), takes note of the following facts and makes the following findings and determinations: a) The need to replace and renovate deteriorating and educationally outdated schools, improve student, staff and community safety and security, improve and expand educational opportunities and programs (including the arts) and provide environmentally -sound, innovative and usable spaces for the well-being of all users require the District to provide safe, modern facilities to enhance learning by constructing a new elementary school to replace Franklin Elementary School, making District -wide safety and security improvements, and renovating Port Angeles High School, all as more particularly defined and described in Section 2 herein (the "Projects"). b) The District lacks sufficient money to pay costs of the Projects. c) To pay costs of the Projects, it is necessary and advisable that the District issue and sell unlimited tax general obligation bonds in the aggregate principal amount of no more than 140,000,000 (the "Bonds"), or such lesser maximum amount as may be legally issued under the laws governing the limitation of indebtedness or required to carry out and accomplish the Projects. d) Pursuant to Article VII, Section 2(b) and Article VIII, Section 6 of the Washington Constitution and laws of the State of Washington, including Revised Code of Washington RCW") 28A.530.010, RCW 28A.530.020, RCW 39.36.050 and RCW 84.52.056, the District may submit to its voters at a special election, for their approval or rejection, a proposition authorizing the District to issue the Bonds to pay costs of the Projects and to levy annual excess FG: 102790813.2October 15, 2024 F - 17 property taxes in amounts sufficient to pay principal of and interest on the Bonds when due (i.e., repay the Bonds). e) The best interests of the District's students and other inhabitants require the District to carry out and accomplish the Projects. Section 2. Description of the Projects. The Projects to be paid for with proceeds of the Bonds, including interest earnings thereon ("Bond Proceeds"), are more particularly defined and described as follows: a) Construct a new elementary school to replace Franklin Elementary School, on or near its existing site, all as determined necessary and advisable by the Board. b) Make District -wide safety and security improvements, including, but not limited to: (1) modernizing, upgrading, acquiring, installing and implementing entrance security (including cameras, access controls, door locks, communications systems) and other safety and security systems; and (2) making other safety, security, health and infrastructure improvements, all as determined necessary and advisable by the Board. c) Renovate Port Angeles High School, including but not limited to: (1) renovating the Performing Arts Center; (2) constructing an instructional wing with controlled access for enhanced safety and security to replace selected open campus instructional buildings; and (3) making other capital improvements, all as determined necessary and advisable by the Board. d) Acquire, construct and install all necessary furniture, equipment, apparatus, accessories, fixtures and appurtenances in or for the foregoing, all as determined necessary and advisable by the Board. e) Pay incidental costs incurred in connection with carrying out and accomplishing the Projects pursuant to RCW 39.46.070. Such incidental costs constitute a part of the Projects and include, but are not limited to: (1) costs related to the issuance, sale and delivery of the Bonds; 2) payments for fiscal and legal costs; (3) costs of obtaining ratings and bond insurance; (4) costs of printing, advertising, establishing and funding accounts; (5) payment of interest due on the Bonds for up to six months after completion of construction; (6) necessary and related engineering, architectural, planning, consulting, inspection, permitting and testing costs; (7) administrative and relocation costs; 8) site acquisition and improvement costs; (9) demolition costs; (10) costs related to demolition and/or deconstruction of existing school facilities to recycle, reclaim and repurpose such facilities and/or building materials; (11) costs of on -site and off -site utilities and road improvements; and (12) costs of other similar activities or purposes, all as determined necessary and advisable by the Board. The Projects, or any portion or portions thereof, shall be accomplished insofar as is practicable with available Bond Proceeds, together with any other money of the District legally available therefor, and in such order of time as shall be determined necessary and advisable by the Board. Subject to Section 6 of this resolution, the Board shall allocate the Bond Proceeds, together with any other money of the District legally available therefor, between the various parts of the Projects so as to accomplish, as near as may be, all of the Projects. The Board shall determine the exact order, extent and specifications for the Projects. The Projects are to be more fully described in the plans and specifications to be filed with the District. 2- FG: 102790813.2October 15, 2024 F - 18 Section 3. Calling of Election. The Auditor of Clallam County, Washington, as ex officio Supervisor of Elections (the "Auditor"), is requested to call and conduct a special election in the District, in the manner provided by law, to be held on November 5, 2024, in conjunction with the State General election to be held on the same date, for the purpose of submitting to the District's voters, for their approval or rejection, the proposition authorizing the District to issue the Bonds to pay costs of the Projects and levy annual excess property taxes to repay the Bonds. If the proposition is approved by the requisite number of voters, the District will be authorized to issue, sell and deliver the Bonds in the manner described in this resolution, spend the Bond Proceeds to pay costs of the Projects, and levy annual excess property taxes to repay the Bonds. The Bond Proceeds may be used, either with or without additional money now available or hereafter available to the District, for capital purposes only, as permitted by law, which does not include the replacement of equipment. Section 4. Authorization to Issue the Bonds. The Bonds authorized may be issued as a single issue, as a part of a combined issue with other authorized bonds, or in more than one series, all as determined necessary and advisable by the Board and as permitted by law. Further, the Bonds may be issued, as determined necessary and advisable by the Board, as taxable bonds, tax-exempt bonds and/or any other type of bonds that are now or in the future may be authorized under applicable state and federal law. Each series of the Bonds shall be issued as fully registered bonds; shall bear interest payable as permitted by law; shall mature within 21 years from the date of issuance of such series of the Bonds but may mature at an earlier date or dates as fixed by the Board); shall be paid by annual property tax levies sufficient in amount to pay both principal and interest when due, which annual property tax levies shall be made in excess of regular property tax levies without limitation as to rate or amount; and shall be issued and sold in such manner, at such times and in such amounts as shall be required for the purpose for which each series of the Bonds are to be issued, all as determined necessary and advisable by the Board and as permitted by law. The life of the Projects to be financed with the Bond Proceeds shall, as near as practicable or as otherwise required by law, exceed the term of the respective series of Bonds that finance such Projects. The amount, date, denominations, interest rates, payment dates, final maturity, redemption rights, price, and other terms and conditions of the Bonds (or parameters with respect thereto) shall be hereafter fixed by one or more resolutions of the Board authorizing the issuance, sale and delivery of each series of Bonds, which resolutions may delegate to a District officer or employee the authority to fix any of the foregoing, all as determined necessary and advisable by the Board and as permitted by law. Pending the issuance of any series of the Bonds, the District may levy excess property taxes to repay those Bonds and may issue short-term obligations pursuant to chapter 39.50 RCW to pay for any portion of the costs of the Projects. Such obligations may be paid or refunded with the Bond Proceeds. Section 5. Intent to Reimburse. The Board declares that to the extent, prior to the date the Bonds, or other bonds or obligations (which includes the Bonds, or other bonds or obligations, issued as tax-exempt bonds) are issued to pay costs of the Projects, the District makes capital expenditures for the Projects from money that is not (and is not reasonably expected to be) reserved, allocated on a long-term basis or otherwise set aside by the District under its existing and reasonably foreseeable 3- FG: 102790813.2October 15, 2024 F - 19 budgetary and financial circumstances to pay costs of the Projects, those capital expenditures are intended to be reimbursed out of the Bond Proceeds, or proceeds of other bonds or obligations, issued in an amount not to exceed the principal amount of the Bonds provided by this resolution. Section 6. Sufficiency of Bond Proceeds. If the Bond Proceeds are more than sufficient to carry out and accomplish the Projects (the "Excess Bond Proceeds"), and state or local circumstances require, the District may use the Excess Bond Proceeds to: (a) acquire, construct, install, equip and make other capital improvements to the District's facilities; or (b) retire and/or defease a portion of the Bonds or other outstanding bonds of the District, all as the Board may determine by resolution, after holding a public hearing thereon pursuant to RCW 28A.530.020. In the event that the Bond Proceeds, together with any other money of the District legally available therefor, are insufficient to carry out and accomplish all of the Projects, the District shall use the Bond Proceeds and other available money for paying the cost of that portion of the Projects that is determined by the Board most necessary and in the best interest of the District. Section 7. Use of State Financing Assistance. It is anticipated that the District may receive money from the State of Washington as state financing assistance under chapter 28A.525 RCW with respect to the Projects (the "State Financing Assistance"). The State Financing Assistance shall be used, when and in such amounts as it may become available, to carry out and accomplish the Projects. If the State Financing Assistance is more than sufficient to carry out and accomplish the Projects (the "Excess State Financing Assistance"), and state or local circumstances require, the District may use the Excess State Financing Assistance to: (a) acquire, construct, install, equip and make other capital improvements to the District's facilities; (b) retire and/or defease a portion of the Bonds or other outstanding bonds of the District; or (c) provide for other purposes authorized by law, all as the Board may determine by resolution, after holding a public hearing thereon pursuant to RCW 28A.530.020. Section 8. Alteration of Expenditures. If the Board subsequently determines that state or local circumstances, including, but not limited to, changed conditions or needs, regulatory considerations or incompatible development, should cause any alteration to the specific expenditures from the Bond Proceeds or the State Financing Assistance for the Projects, the District shall not be required to accomplish the Projects and may apply the Bond Proceeds or the State Financing Assistance (or both or any portion of each) to: (a) acquire, construct, install, equip and make other capital improvements to the District's facilities; or (b) retire and/or defease a portion of the Bonds or other outstanding bonds of the District, all as the Board may determine by resolution after holding a public hearing thereon pursuant to RCW 28A.530. 020. Remainder of page intentionally left blank] 4- FG: 102790813.2October 15, 2024 F - 20 Section 9. Form of Ballot Title. Pursuant to RCW 29A.36.071, the Clallam County Prosecuting Attorney is requested to prepare the concise description of the aforesaid proposition for the ballot title in substantially the following form: PROPOSITION NO. 2 PORT ANGELES SCHOOL DISTRICT NO. 121 BONDS TO REPLACE AND RENOVATE DETERIORATING SCHOOLS AND IMPROVE SAFETY The Board of Directors of Port Angeles School District No. 121 adopted Resolution No. 2324-11, concerning a proposition to provide safe, modern facilities to enhance learning. This proposition would authorize the District to: construct a new elementary school to replace Franklin Elementary School; make District -wide safety and security improvements (including cameras, access controls, door locks, communications systems); renovate Port Angeles High School (including renovating the Performing Arts Center and constructing an instructional wing to replace selected buildings); issue $140,000,000 of general obligation bonds maturing within 21 years; and levy annual excess property taxes to repay the bonds, all as provided in Resolution No. 2324-11. Should this proposition be: Approved ....... Rejected ......... Section 10. Authorization to Deliver Resolution to Auditor and Perform Other Necessary Duties. The Secretary to the Board (the "Secretary") or the Secretary's designee is authorized and directed to: (a) present a certified copy of this resolution to the Auditor no later than August 6, 2024; and (b) perform such other duties as are necessary or required by law to submit to the District's voters at the aforesaid special election, for their approval or rejection, the proposition authorizing the District to issue the Bonds to pay costs of the Projects and levy annual excess property taxes to repay the Bonds. Section 11. Notices Relating to Ballot Title. For purposes of receiving notice of the exact language of the ballot title required by RCW 29A.36.080, the Board hereby designates (a) the Secretary (Martin A. Brewer), telephone: 360.457.8575; email: rnb;-ewer a,portangelesscliools.org; and (b) bond counsel, Foster Garvey P.C. (Lee Marchisio and Jim McNeill), telephone: 206.447.6264 and 206.447,5339; email: lee.marchisio(c_1?fostcncom and iim.mcneill(cffoster.com, as the individuals to whom the Auditor shall provide such notice. The Secretary is authorized to approve changes to the ballot title, if any, determined necessary by the Auditor or the Clallam County Prosecuting Attorney, Section 12. Authorization to Reauest Particination in Washinston State School District Credit_ Enhancement Program. The Board finds and determines that, if the District receives voter approval to issue the Bonds in the manner described in this resolution, it will be in the best interests of the District's taxpayers to request the State of Washington's guaranty for payment of the Bonds under chapter 39.98 RCW, the Washington State School District Credit Enhancement Program. 5- FG: 102790813.2October 15, 2024 F - 21 Accordingly, the Board hereby requests the State Treasurer to issue a Certificate of Eligibility to the District pledging the full faith, credit, and taxing power of the State of Washington to guarantee the payment, when due, of the principal of and interest on the Bonds pursuant to chapter 39.98 RCW and the rules promulgated thereunder by the State Finance Committee. The Board designates the Secretary and/or the District's Director of Finance and Operations or such other officer of the District who may in the future perform the duties of that office, if any (the "Director of Finance and Operations") as the District officials authorized to file with the State Treasurer, on behalf of the District, the request for a Certificate of Eligibility. Section 13. Execution; General Authorization and Ratification. This resolution may be executed by the Directors being present and voting in favor of the resolution, or only the President of the Board (the "President"), and attested by the Secretary, in tangible medium, manual, facsimile or electronic form under any security procedure or platform, and notwithstanding any other District resolution, rule, policy or procedure, or in any other manner evidencing its adoption. The Secretary, the Director of Finance and Operations, the President, and the District's bond counsel, Foster Garvey P.C., are hereby further severally authorized and directed to take such actions and to create, accept, execute, send, use and rely upon such tangible medium, manual, facsimile or electronic documents, records and signatures under any security procedure or platform, and notwithstanding any other District resolution, rule, policy or procedure, as in their judgment may be necessary or desirable to effectuate the provisions of this resolution. All actions taken prior to the effective date of this resolution in furtherance of and not inconsistent with the provisions of this resolution are ratified and confirmed in all respects. Section 14. Sever•ability. If any provision of this resolution is declared by any court of competent jurisdiction to be invalid, then such provision shall be null and void and shall be separable from the remaining provisions of this resolution and shall in no way affect the validity of the other provisions of this resolution, of the Bonds or of the levy or collection of the taxes pledged to repay the Bonds. Remainder of page intentionally left blank] 6- FG: 102790813.2October 15, 2024 F - 22 Section 15. Effective Date. This resolution takes effect from and after its adoption. ADOPTED by the Board of Directors of Port Angeles School District No. 121, Clallam County, Washington, at a regular open public meeting held this 251" day of July, 2024. PORT ANGELES SCHOOL DISTRICT NO. 121 CLALLAM COUNTY, WASHINGTON President and Director Vice President ai Dir -ctor Director Director Director AP1 TIN A. BREWER Secretary to the Board of Directors JUL 3 0 2024 CLALLAM CO ELECTIONS 7- FG: 102790813.2October 15, 2024 F - 23 CERTIFICATION I, MARTIN A. BREWER, Secretary to the Board of Directors of Port Angeles School District No. 121, Clallam County, Washington (the "District"), hereby certify as follows: 1. The foregoing Resolution No. 2324-11 (the "Resolution") is a full, true and correct copy of the Resolution duly adopted at a regular meeting of the Board of Directors of the District the "Board") held at its regular meeting place on July 25, 2024 (the "Meeting"), as that Resolution appears in the records of the District, and the Resolution is now in full force and effect; and 2. The Meeting was duly convened, held and included an opportunity for public comment, in all respects in accordance with law, a quorum of the members of the Board was present throughout the Meeting, and a sufficient number of members of the Board present voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this 25"' day of July, 2024. PORT ANGELES SCHOOL DISTRICT NO. 121 CLALLAM COUNZY, WASHINGTON MARTIN A. BREWER Secretary to the Board of Directors JUL 3 0 2024 CO FG: 102790813.2October 15, 2024 F - 24 PORT ANGELES SCHOOL DISTRICT NO. 121 CLALLAM COUNTY, WASHINGTON EXPLANATORY STATEMENT PROPOSITION NO. 2 — BONDS TO REPLACE AND RENOVATE DETERIORATING SCHOOLS AND IMPROVE SAFETY Proposition 2 authorizes school construction bonds to replace and renovate deteriorating and educationally outdated schools. Proposition 2 will improve student, staff and community safety and security, improve and expand educational opportunities and programs (including the arts) and provide environmentally -sound, innovative and usable spaces for the well-being of all users. The bonds will fund safe, modern facilities by allowing Port Angeles School District to: (1) construct a new elementary school to replace Franklin Elementary School; (2) make District -wide safety and security improvements (including cameras, access controls, door locks, communications systems and other safety and security systems) and (3) renovate Port Angeles High School (including renovating the Performing Arts Center and constructing an instructional wing with controlled access for enhanced safety and security to replace selected open campus instructional buildings). Further information is available at https://www.portangelesschools.org_/. The $140,000,000 of general obligation bonds will be repaid from annual excess property taxes sufficient to pay bond debt service over a maximum term of 21 years. Port Angeles voters previously approved a five-year capital levy in 2020. If approved, the bond levy will commence only after the capital levy expires in 2025. Exemptions from taxes may be available, call the Clallam County Assessor 360-417-2400. Election Date: November 5, 2024 Word Count: 199 words — 200 allowed Prepared by: Foster Garvey P.C. Jim McNeill and Lee Marchisio, Bond Counsel 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 j im. mcneill (a), fo ster. com lee.marchisio(cr,foster.com 206) 447- 5339 206) 447-6264 FG: 102845843.2October 15, 2024 F - 25 Name of Jurisdiction/Proposition No.: Port Angeles School District - Bonds to Replace Schools Jurisdiction Contact Name: Casey McDonald Email: cmcdonald@portangelesschools.org Phone: 360-565-3702 Jurisdiction's responsibility: 1. Submit completed form to Clallam County Elections Division on or before the resolution submittal deadline: elections(a)clallamcountywa.gov 2. Provide committee members with statement submission requirements and deadlines. Requirements and deadlines can be found in the Elections Guide for Jurisdictions and Candidates.) Questions? Call (360) 417-2217 For" Committee (1-3 .- 1st Committee Member: Name Steve Methner Email stevemethner@outlook.com Phone Website www.yesforPAschools.org 2nd Committee Member: Name Jeff Bohman Email jrbohman@icloud.com 3rd Committee Member: I Name Email Against" Committee (1-3 members) 1st Committee Member: Name Email Phone Website 2nd Committee Member: Name Email 3rd Committee Member: Name Email 1st Committee Member must provide at least one method of contact, which will be published in the voters' guide/pamphlet. October 15, 2024 F - 26 Date: October 15, 2024 To: City Council From: Nathan West, City Manager Sarina Carrizosa, Finance Director Subject: Proposed Adjustments to the 2025 Utility Rates Background / Analysis: The Water and Wastewater utility rates will expire December 31, 2024. In 2019, the Utility Advisory Committee (UAC), Council and Staff reviewed, and City Council ultimately approved the Cost of Service (COSA) methodologies for each utility with the intent that these methodologies would be used for setting future utility rates. Principles used when creating the COSA methodologies include the following: rates must be cost based, meet revenue requirements of the utility, be easy to administer, be just, reasonable, fair and equitable and be affordable. The rates that are being presented utilize the principles and methodologies to determine true and fair costs associated with each utility and the associated customer classes. Rising costs caused by inflation and personnel bargaining agreements as well as increased capacity needs have caused the rates in these utilities to increase. Staff remains committed to keeping rates as low as possible and has heavily scrutinized the budget to ensure only essential funds to continue safe and efficient practices are included in the COSA. The attachments to this memo detail the proposed changes for each customer class and include an example of customer usage ranges and the effect these proposed utility rate changes would have on each. Proposed rates in the Water and Wastewater utilities are for two years, ending December 31, 2026. Rates have been averaged over their respective two-year cycle for ease of administration and predictability to City customers. Summary: In 2019, the Utility Advisory Committee, Council and Staff reviewed and City Council ultimately approved Cost of Service Methodologies for each utility with the intent that these methodologies would be used for setting future utility rates. Presented in this memo are the proposed 2025-26 rates for the Water and Wastewater utilities for the Utility Advisory Committee’s (UAC) consideration. These rates were calculated using the approved Cost of Service (COSA) methodologies. This is the second reading of the resolution and continuation of the public hearing adjusting rates in the Water and Wastewater utilities. Funding: The approval of the proposal presented will not increase expenditures, rather rate changes will generate the required revenue to meet budgeted expenditures and fund debt requirements. Rate changes differ by utility and are explained further in this memo and the corresponding attachments. Recommendation: Staff recommends the City Council: 1)Continue the Public Hearing on the 2025-2026 Water and Wastewater Utility rates, 2)Close the Public Hearing 3)Pass the Resolution amending the Utility Fee Schedule to include the adjustments to the 2025-2026 Water and Wastewater rates. October 15, 2024 F - 27 This is the second reading of the resolution. Since the first reading there have not been any changes to the rates proposed. Funding Overview: The approval of the proposal presented will not increase expenditures, rather rate changes will generate the required revenue to meet budgeted expenditures and fund debt requirements. Rate changes differ by utility and are explained further in this memo and the corresponding attachments. Attachments: • 2025-2026 Recommended Utility Rates for Water and Wastewater. • Examples of rate changes by customer class. • Resolution amending the Utility Rate Schedule • Exhibit A – Updated Utility Rate Schedule October 15, 2024 F - 28 Residential 2020 Rate 2023/24 Avg 2025/26 Avg Difference Percent Billing Volumes 5/8"7,306 38.50 40.86 46.88 6.02 14.7% 25% Discount 72 28.88 30.64 35.16 4.52 14.8% 35% Discount 132 25.03 26.56 30.47 3.91 14.7% Block 1 (0-1,000 cf) 36,680,121 0.01976 0.02521 0.02590 0.00069 2.7% Block 2 (1,001-1,500 cf) 5,798,844 0.02498 0.03186 0.03273 0.00087 2.7% Block 3 (1,501+)4,165,452 0.03012 0.03841 0.03946 0.00105 2.7% 25% Discount 340,091 0.01522 0.01941 0.02162 0.00221 11.4% 35% Discount 540,367 0.01319 0.01682 0.01874 0.00192 11.4% Commercial 2020 Rate 2023/24 Avg 2025/26 Avg Difference Percent 5/8"559 41.91 45.46 51.60 6.14 13.5% 3/4"117 41.91 45.46 51.60 6.14 13.5% 1"193 72.84 77.99 89.35 11.36 14.6% 1.5"103 124.40 132.21 152.26 20.06 15.2% 2"108 186.27 197.27 227.75 30.49 15.5% 3"24 351.26 370.76 429.07 58.31 15.7% 4"9 536.88 565.94 655.55 89.61 15.8% 6"4 1,052.47 1,108.09 1,284.66 176.56 15.9% 8"2 1,671.18 1,758.68 2,039.58 280.91 16.0% All 27,388,524 0.020350 0.025960 0.028000 0.00204 7.9% Municipal 2020 Rate 2023/24 Avg 2025/26 Avg Difference Percent 5/8"28 40.01 43.41 49.26 5.85 13.5% 3/4"6 40.01 43.41 49.26 5.85 13.5% 1"12 69.53 74.48 85.29 10.81 14.5% 1.5"2 118.76 126.25 145.34 19.09 15.1% 2"17 177.82 188.38 217.40 29.02 15.4% 3"2 335.33 354.05 409.56 55.51 15.7% 4"2 512.53 540.43 625.74 85.31 15.8% All 1,134,156 0.019423 0.024785 0.026720 0.00194 7.8% Federal Non Taxable 2020 Rate 2023/24 Avg 2025/26 Avg Difference Percent 5/8"1 38.95 42.19 48.11 5.92 14.0% 3/4"3 38.95 42.19 48.11 5.92 14.0% 1"3 67.70 72.37 83.30 10.93 15.1% 1.5"6 115.62 122.68 141.95 19.27 15.7% 2"11 173.12 183.05 212.34 29.28 16.0% 3"0 326.46 344.04 400.02 55.98 16.3% 4"0 498.97 525.15 611.17 86.02 16.4% 6"2 978.16 1,028.24 1,197.69 169.45 16.5% 8"0 1,553.19 1,631.94 1,901.51 269.56 16.5% All 1,507,668 0.018910 0.024090 0.026100 0.00201 8.3% Irrigation 2020 Rate 2023/24 Avg 2025/26 Avg Difference Percent 5/8"45 35.26 37.08 42.73 5.64 15.2% 3/4"11 35.26 37.08 42.73 5.64 15.2% 1"23 64.80 68.15 78.76 10.61 15.6% 1.5"10 114.02 119.92 138.81 18.89 15.8% 2"23 173.09 182.05 210.87 28.82 15.8% 3"1 330.59 347.72 403.03 55.31 15.9% 4"2 507.78 534.10 619.21 85.11 15.9% All 5,150,585 0.019423 0.024785 0.026720 0.00194 7.8% *2021/2022 averages were never adopted. 2020 rates were in place for 3 years. Usage Usage Base Base Usage Base Usage WATER UTILITY Base Base Usage One Residential Rate-w disc 2025/26 vs 2023/24 Water Rates – 2025 Budget October 15, 2024 F - 29 Residential - 5/8 line Usage % Customers per Category Base/Tiered Rate Usage Charges Total Monthly Charges Base/Tiered Rate Usage Charges Total Monthly Charges 2025/26 AVG chg from 2023/24 2025/2026 Avg vs 2023/24 Low Usage 250 25.4% $40.86 6.30 $47.16 $46.88 6.47 53.35 6.19 13.1% 500 38.5% $40.86 12.60 $53.46 $46.88 12.95 59.83 6.37 11.9% 750 22.2% $40.86 18.90 $59.76 $46.88 19.42 66.30 6.54 10.9% Medium Usage 1,150 8.3% $40.86 29.98 $70.84 $46.88 30.80 77.68 6.84 9.7% High Usage 7,500 0.01% $40.86 1,246.42 $1,287.27 $46.88 1,253.15 1,300.03 12.76 1.0% Average Cost Increase of highest usage categories (weighted) - 86% of Customers 6.36$ Comparison Water Utility Rates Comparison - Residential 2023-2024 2025/2026 Averaged October 15, 2024 F - 30 Wastewater – 2025 Budget Residential 2020 Rate 2023/24 Avg 2025/26 Avg Difference Percent Billing Volumes Regular (avg)7,306 33.90 35.76 36.60 0.84 2.4% 5/8"6,770 33.34 34.96 35.80 0.84 2.4% 3/4"490 41.76 43.98 44.84 0.86 2.0% 1"42 58.60 62.02 62.91 0.89 1.4% 1.5"4 100.71 107.12 108.10 0.98 0.9% CSO All pipe sizes 13.92 13.92 13.92 - 0.0% 25% Discount 72 25.00 26.22 26.85 0.63 2.4% CSO 10.26 10.26 10.26 - 0.0% 35% Discount 132 21.67 22.72 23.27 0.55 2.4% CSO 8.89 8.89 8.89 - 0.0% Regular 43,594,548 0.04243 0.04910 0.05180 0.00270 5.5% CSO 0.01543 0.01540 0.01540 - 0.0% 25% Discount 472,791 0.03183 0.03685 0.03880 0.00195 5.3% CSO 0.01137 0.01140 0.01140 - 0.0% 35% Discount 1,743,717 0.02759 0.03195 0.03365 0.00170 5.3% CSO 0.00985 0.00990 0.00990 - 0.0% Commercial 2020 Rate 2023/24 Avg 2025/26 Avg Difference Percent Avg 1119 73.72 74.40 75.31 0.91 1.2% 5/8"559 33.34 34.96 35.80 0.84 2.4% 3/4"117 41.76 43.98 44.84 0.86 2.0% 1"193 58.61 62.02 62.91 0.89 1.4% 1.5"103 100.72 107.13 108.10 0.97 0.9% 2"108 151.25 161.25 162.32 1.07 0.7% 3"24 286.01 305.59 306.92 1.33 0.4% 4"9 437.61 467.96 469.59 1.63 0.3% 6"4 858.72 919.00 921.45 2.45 0.3% 8"2 1,364.06 1,460.25 1,463.68 3.43 0.2% - CSO 13.68 13.68 13.68 - 0.0% All 0.04243 0.04910 0.05180 0.00270 5.5% CSO 0.01520 0.01520 0.01520 - 0.0% Municipal 2020 Rate 2023/24 Avg 2025/26 Avg Difference Percent Avg 69 86.85 91.03 92.07 1.04 1.1% 5/8"28 32.46 33.84 34.70 0.86 2.5% 3/4"6 40.65 42.57 43.46 0.89 2.1% 1"12 57.05 60.03 60.97 0.94 1.6% 1.5"2 98.05 103.69 104.77 1.08 1.0% 2"17 147.24 156.07 157.32 1.25 0.8% 3"2 278.43 295.77 297.46 1.69 0.6% 4"2 426.02 452.93 455.11 2.18 0.5% CSO 13.68 13.68 13.68 - 0.0% All 0.04131 0.04750 0.05015 0.00265 5.6% CSO 0.01520 0.01520 0.01520 - 0.0% Federal Non Taxable 2020 Rate 2023/24 Avg 2025/26 Avg Difference Percent 5/8"1 29.94 31.69 32.76 1.06 3.4% 3/4"3 37.50 39.87 41.03 1.15 2.9% 1"3 52.63 56.22 57.56 1.34 2.4% 1.5"6 90.44 97.11 98.90 1.80 1.8% 2"11 135.82 146.17 148.51 2.33 1.6% 3"0 256.82 277.00 280.79 3.79 1.4% 4"0 392.96 424.19 429.61 5.42 1.3% 6"2 771.10 833.04 843.01 9.97 1.2% 8"0 1,224.87 1,323.66 1,339.08 15.42 1.2% CSO 13.00 13.00 13.00 - 0.0% All 0.03810 0.04455 0.04885 0.00430 9.7% CSO 0.01398 0.01420 0.01420 - 0.0% *2021/2022 averages were never adopted. 2020 rates were in place for 3 years. Base Usage Base Usage Base Usage Base 2025/26 vs 2023/24 WASTEWATER UTILITY Usage By Pipe Size Rate w Discounts October 15, 2024 F - 31 Residential - 5/8 line Usage % Customers per Category Base/Tiered Rate Usage Charges Total Monthly Charges Base/Tiered Rate Usage Charges Total Monthly Charges 25/26 AVG vs 2023/24 25/26 AVG vs 23/24 Low Usage 250 25.4% $48.88 16.13 $65.00 $49.72 16.80 66.52 1.52 2.3% 500 38.5% $48.88 32.25 $81.13 $49.72 33.60 83.32 2.19 2.7% 750 22.2% $48.88 48.38 $97.25 $49.72 50.40 100.12 2.87 2.9% Medium Usage 1,150 8.3% $48.88 74.18 $123.05 $49.72 77.28 127.00 3.95 3.2% High Usage 7,500 0.01% $48.88 483.75 $532.63 $49.72 504.00 553.72 21.09 4.0% Average Cost Increase of highest usage categories (weighted) - 86% of Customers 1.97$ Wastewater Utility Rates Comparison Comparison2023-2024 2025/2026 Averaged October 15, 2024 F - 32 RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, amending portions of the City of Port Angeles’ Utility Rate Schedule. WHEREAS, Port Angeles Municipal Code section 1.25.010 states that except when otherwise stated, any fee or charge due or referenced in the PAMC will be set forth in the City's fee and rate schedule; and WHEREAS, a cost of services analysis (COSA) serves as a guide for budgeting and controlling the financial parameters of the various City programs and services funded in said budget; and WHEREAS, a COSA was performed for the City’s utility rates; and WHEREAS, it is in the best interest of City government to periodically update and revise its Utility Rate Schedule to ensure the financial resources to support effective and efficient delivery of utility services; and WHEREAS, the attached amendments to the City’s Utility Rate Schedule are comparable to the fees charged by similar communities and are appropriate to ensure continuing delivery of utility services, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles, Washington, that the City of Port Angeles Utility Rate Schedule adopted October 17, 2023, is hereby amended, effective January 1, 2025, by the City of Port Angeles Utility Rate Schedule shown on the attached Exhibit A.; and That the City Clerk and Finance Director, and their designees, are authorized and directed to make such organizational, structuring, and formatting changes to the City of Port Angeles Utility Rate Schedule as are appropriate to improve the consistency and ease-of-use of the Utility Rate Schedule. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of 2024. _______________________________ Kate Dexter, Mayor October 15, 2024 F - 33 ATTEST: _______________________________ Kari Martinez-Bailey, City Clerk APPROVED AS TO FORM: _______________________________ William E. Bloor, City Attorney October 15, 2024 F - 34 Exhibit A - UTILITY RATE SCHEDULE AND OTHER RELATED FEES Port Angeles, Washington, Code of Ordinances Created: 2024-09-09 09:45:52 [EST] (Supp. No. 33) Page 1 of 7 WATER1 Residential Monthly residential flat rate $105.25* $117.78 Monthly non-discounted residential metered rate—Within City: Service Size Base rate with ⅝-inch meter $40.86* $46.88 with ¾-inch meter $40.86* $46.88 1-inch meter $40.86* $46.88 1½-inch meter $40.86* $46.88 2-inch meter $40.86* $46.88 Metered consumption for up to 1,000 cubic feet $2.521* $2.590/100 cubic feet consumed Additional consumption up to 1,500 cubic feet $3.186* $3.273/100 cubic feet consumed Additional consumption beyond 1,500 cubic feet $3.841* $3.946/100 cubic feet consumed Discount rate Discount amount Monthly Rate 25% Discount $30.64* $35.16 35% Discount $26.56* $30.47 25% discount metered consumption per cubic feet $1.522 $2.162/100 cubic feet consumed 35% discount metered consumption per cubic feet $1.319 $1.874/100 cubic feet consumed Commercial Service Size Monthly Rate with ⅝-inch meter $45.46* $51.60 with ¾-inch meter $45.46* $51.60 1-inch meter $77.99* $89.35 1½-inch meter $132.21* $152.26 1Note(s)—* Please note that rates adopted on September 5, 2023 inadvertently contained rates from previously approved years. This document shows the most current rates approved by City Council. An * symbolizes that the rate has been corrected. October 15, 2024 F - 35 Created: 2024-09-09 09:45:51 [EST] (Supp. No. 33) Page 2 of 7 2-inch meter $197.27* $227.75 3-inch meter $370.76* $429.07 4-inch meter $565.94* $655.55 6-inch meter $1,108.09* $1,284.66 8-inch or 10-inch meter $1,758.68* $2,039.58 Metered consumption charge $2.596* $2.800/100 cubic feet consumed Temporary service and fire hydrant water use Service Size Monthly Rate with ⅝-inch meter $41.91 $51.60 with ¾-inch meter $41.91 $51.60 1-inch meter $72.84 $89.35 1½-inch meter $124.40 $152.26 2-inch meter $186.27 $227.75 3-inch meter $351.26 $429.07 4-inch meter $536.88 $655.55 6-inch meter $1,052.47 $1,284.66 8-inch or 10-inch meter $1,671.18 $2,039.58 Metered consumption charge $2.0350 $2.800/100 cubic feet consumed Municipal Service Size Monthly Rate with ⅝-inch meter $43.41* $49.26 with ¾-inch meter $43.41* $49.26 1-inch meter $74.48* $85.29 1½-inch meter $126.25* $145.34 2-inch meter $188.38* $217.40 3-inch meter $354.05* $409.56 4-inch meter $540.43* $625.74 Metered consumption charge $2.479* $2.672/100 cubic feet consumed Non-taxable Federal Service Size Monthly rate October 15, 2024 F - 36 Created: 2024-09-09 09:45:51 [EST] (Supp. No. 33) Page 3 of 7 with ⅝-inch meter $42.19* $48.11 with ¾-inch meter $42.19* $48.11 1-inch meter $72.37* $83.30 1½-inch meter $122.68* $141.95 2-inch meter $183.05* $212.34 3-inch meter $344.04* $400.02 4-inch meter $525.15* $611.17 6-inch meter $1,028.24* $1,197.69 8-inch meter $1,631.94* $1,901.51 Metered consumption charge $2.409* $2.610/100 cubic feet consumed October 15, 2024 F - 37 Created: 2024-09-09 09:45:51 [EST] (Supp. No. 33) Page 4 of 7 Industrial usage rate—Within City Metered consumption $2.364* $2.549/100 cubic feet consumed Water service rate for user outside City limits 150 percent of the schedule for rates and charges Irrigation rate Service Size Rate with ⅝-inch meter $37.08* $42.73 with ¾-inch meter service $37.08* $42.73 1-inch meter $68.15* $78.76 1½-inch meter $119.92* $138.81 2-inch meter $182.05* $210.87 3-inch meter $347.72* $403.03 4-inch meter $534.10* $619.21 Metered consumption $2.479* $2.672/100 cubic feet consumed Resale rate Monthly and usage metered rates see applicable rates above Water consumption surcharge $0.0052 $.00690/gallon in excess of 100,000 gallons Note(s)—Any fees charged by the customer to the subsequent purchaser are subject to the approval of the Director. WASTEWATER RATES 2 Single residential unit monthly rate Non-Discounted Rate Base Rate CSO Rate Total With ⅝-inch meter $34.96* $35.80 $13.92 $48.88* $49.72 2Note(s)—Does not apply when exempt by Chapter 13.61, PAMC, or to a connection to City water system for agricultural or irrigation purposes in accordance with Chapter 13.44 PAMC. * Please note that rates adopted on September 5, 2023 inadvertently contained rates from previously approved years. This document shows the most current rates approved by City Council. An * symbolizes that the rate has been corrected. October 15, 2024 F - 38 Created: 2024-09-09 09:45:52 [EST] (Supp. No. 33) Page 5 of 7 With ¾-inch meter $43.98* $44.84 $13.92 $57.90* $58.76 With 1-inch meter $62.02* $62.91 $13.92 $75.94* $76.83 With 1½-inch meter $107.12* $108.10 $13.92 $121.04* $122.02 Discounted Rate Base Rate CSO Rate Total 25% Discount $26.22* $26.85 $10.26 $36.48* $37.11 35% Discount $22.72* $23.27 $8.89 $31.61* $32.16 Metered Consumption/100 cubic foot, regardless of meter size Wastewater usage CSO usage Total usage Residential non- discount $4.910* $5.18 $1.540* $6.450* $6.720 Residential 25% discount $3.685* $3.88 $1.140* $4.825* $5.020 Residential 35% discount $3.195* $3.365 $0.990* $4.185* $4.355 Commercial and industrial Rate by meter size Base Rate CSO Rate Total With ⅝-inch meter $34.96* $35.80 $13.68 $48.64* $49.48 With ¾-inch meter $43.98* $44.84 $13.68 $57.66* $58.52 With 1-inch meter $62.02* $62.91 $13.68 $75.70* $76.59 With 1½-inch meter $107.13* $108.10 $13.68 $120.81* $121.78 With 2-inch meter $161.25* $162.32 $13.68 $174.93* $176.00 With 3-inch meter $305.59* $306.92 $13.68 $319.26* $320.60 With 4-inch meter $467.96* $469.59 $13.68 $481.64* $483.27 With 6-inch meter $919.00* $921.45 $13.68 $932.68* $935.13 With 8-inch meter $1,460.25* $1,463.68 $13.68 $1,473.93* $1,477.36 Metered Consumption/100 cubic foot, regardless of meter size Base Rate CSO Rate Total Consumption rate per 100 cubic feet $4.910* $5.180 $1.520 $6.430* $6.700 October 15, 2024 F - 39 Created: 2024-09-09 09:45:52 [EST] (Supp. No. 33) Page 6 of 7 Municipal Rate by meter size Base Rate CSO Rate Total With ⅝-inch meter $33.84* $34.70 $13.68 $47.52* $48.38 With ¾-inch meter $42.57* $43.46 $13.68 $56.25* $57.14 With 1-inch meter $60.03* $60.97 $13.68 $73.71* $74.65 With 1½-inch meter $103.69* $104.77 $13.68 $117.36* $118.45 With 2-inch meter $156.07* $157.32 $13.68 $169.75* $171.00 With 3-inch meter $295.77* $297.46 $13.68 $309.45* $311.14 With 4-inch meter $452.93* $455.11 $13.68 $466.61* $468.79 Metered Consumption/100 cubic foot, regardless of meter size Base Rate CSO Rate Total Consumption rate per 100 cubic feet $4.750* $5.015 $1.520* $6.270* $6.535 Non-taxable Federal Rate by meter size Base Rate CSO Rate Total With ⅝-inch meter $31.69* $32.76 $13.00 $44.69* $45.76 With ¾-inch meter $39.87* $41.03 $13.00 $52.87* $54.03 With 1-inch meter $56.22* $57.56 $13.00 $69.22* $70.56 With 1½-inch meter $97.11* $98.90 $13.00 $110.11* $111.90 With 2-inch meter $146.17* $148.51 $13.00 $159.17* $161.51 With 3-inch meter $277.00* $280.79 $13.00 $290.00* $293.79 With 4-inch meter $424.19* $429.61 $13.00 $437.19* $442.61 With 6-inch meter $833.04* $843.01 $13.00 $846.04* $856.01 With 8-inch meter $1,323.66* $1,339.08 $13.00 $1,336.66* $1,352.08 Metered Consumption/100 cubic foot, regardless of meter size Base Rate CSO Rate Total Consumption rate per 100 cubic feet $4.455* $4.885 1.420* $5.875* $6.305 October 15, 2024 F - 40 Created: 2024-09-09 09:45:52 [EST] (Supp. No. 33) Page 7 of 7 Commercial and industrial equivalent plumbing fixture rate (Applies only to customers whose application to be charged as provided in this section was granted on or before December 31, 2019.) Taxable Rate Non-Taxable Rate Charge per fixture (Based on equivalent plumbing fixture unit table, adopted from the United States of America Standards Institute National Plumbing Code, USASI, A40.8-1955.) $8.25* $8.40 $7.60* $7.75 CSO $2.61* $2.66 $2.48* $2.53 Total Rate per fixture $10.87* $11.06 $10.08* $10.25 Rate for customers outside City limits (Does not apply to wholesale contracts to serve customers outside the City limits and customers in the unincorporated EUGA.) 150 percent of the schedule for the above rates and charges. October 15, 2024 F - 41 Date: October 15, 2024 To: City Council From: Nathan West, City Manager Sarina Carrizosa, Finance Director Subject: Public Hearing on the 2025 Budget Revenue Sources Background / Analysis: In accordance with State law, the 2025 City Manager Recommended Budget was filed with the City Clerk on October 9, 2024. In addition, a work session on the 2025 City Manager Recommended Budget will be held on October 22nd, during which the City Manager, Finance Director, Budget Officer and City Staff will review proposed revenues and expenditures for the City. To help guide City Staff in the preparation of the 2025 Proposed Budget Council has provided clear direction to staff through strategic planning and adopted policies. Staff worked on continuing alignment with City priorities to strengthen the foundation in place and look to a more sustainable future. To accomplish these goals analysis of City revenue is necessary. This is reflected in several areas in the 2025 Proposed Budget including increases to expected tax collection and grant funds as well as updates resulting from the review of the cost-of-service analysis for the Water and Wastewater utilities in line with the City’s rate setting schedule. The 2025 Budget was built on a conservative approach to accommodate City policies as well as the uncertainty of potential negative economic trends while balancing affordability within the Port Angeles community. Review of the City’s tax revenue sources, as well as the City’s other revenue sources, indicated that the near- term revenue outlook for the City remains strong. All City revenue will be discussed in further detail during the presentation prior to the Public Hearing. Information is also available in the Preliminary Budget document posted to the City’s website. Summary: State law (RCW 84.55.120) requires that the City hold a public hearing to gain public input on revenue sources for the next fiscal year (2025) budget. The presentation to Council includes all revenue sources, including property tax, for the City’s General Fund, as well as providing information regarding revenue sources for all other funds within the 2025 City Manager Recommended Budget. The 2025 City Manager Recommended Budget will be presented to Council at a Work Session on October 22nd. The budget is available for examination on the City’s website located at https://wa- portangeles.civicplus.com/DocumentCenter/View/15619/2025-Preliminary-Budget-PDF or upon request at the City Manager’s Office. Funding: This presentation will provide Council and the public with detailed revenue information proposed in the 2025 City Manager Recommended Budget. No expenditures are associated with the Public Hearing. Recommendation: It is recommended that the City Council should: 1.Open the Public Hearing on 2025 Revenue Sources. 2.Close the Public Hearing. October 15, 2024 F - 42 Staff is requesting that Council conduct the Public Hearing on the 2025 Revenue Sources to allow for community input on the revenue sources included in the 2025 proposed budget. No further action is required. Funding Overview: This presentation will provide Council and the community with detailed information proposed in the 2025 City Manager Recommended Budget. Attachments: None. October 15, 2024 F - 43 Date: October 15, 2024 To: City Council From: Calvin W. Goings, Deputy City Manager Shannen Cartmel, Community and Economic Development Manager Subject: Municipal Code Update 24-88 to the Port Angeles Municipal Code Title 17 and Title 2 for Minor Deviation Permits and Conditional Use Permits Background / Analysis: Over the last eight years, the City of Port Angeles has moved towards more flexibility in its zoning standards. The Planning Commission has assisted in providing multiple different pathways for a project proposal to deviate from specific standards. These deviations are typically conditionally allowed as long as the applicant can demonstrate that the potential impacts to surrounding properties, businesses, and residents can or have been mitigated and that the health, safety, and welfare of the community are appropriately maintained. One area that has not been reviewed is how this flexibility continues to be difficult for allowed uses and facilities that are unique enough that a pathway to reasonably deviate from zoning standards does not exist. Whether the issue is the specific zone, the type of structure, or the unique location, the current zoning code does not provide an efficient or reasonable means to provide flexibility for what could be considered better development practices. City staff’s recommendation for this permitting issue is an amendment to the minor deviation code. The permitting process can be used for proposals that are “allowed uses” in the zone they are located in, but because of special circumstances or hardships, the proposal could benefit from a change in the zoning standards. The deviation is currently set at a maximum of ten percent. A ten percent deviation from any zoning standard is nearly imperceptible. Allowing 35-foot-tall building an additional 3.5 feet in height or 1.5 feet closer from a 15-foot setback, in nearly all circumstances, will not negatively affect any surrounding land uses or the health, safety, and welfare of the community. Summary: Municipal Code Update (MCA) 24-88 outlines changes to the Port Angeles Municipal Code (PAMC) Chapters 2.18, 17.40, 17.94, and 17.96 related to an increase in height standards from 35 to 40 feet in the Public Buildings and Parks (PBP) zone; movement of conditional use minor deviation standards from Chapter 17.94 to Chapter 17.96; and an administrative minor deviation increase from 10 to 20 percent and updating Hearing Examiner decisions on minor deviation applications from 21 to 30 percent. On September 11, 2024, the Planning Commission unanimously recommended to the City Council to adopt the code amendments that are fully reflected in the draft ordinance presented. The City Council conducted a Public Hearing and first reading of the proposal on October 1, 2024. Funding: N/A. Recommendation: 1.) Conduct the second reading of the ordinance amending Chapters 2.18, 17.40, 17.94, and 17.96 PAMC; 2) adopt the ordinance; and 3.) authorize the City Clerk and Code Reviser to make grammatical and formatting revisions to ensure internal consistency. October 15, 2024 G - 1 The issue lies in a use already listed as “allowed” in a specific zone. If the use was listed as “conditional ,” the conditional use process could be used to deviate from any zoning standards with conditions in place to ensure compatibility with surrounding uses. In certain zones, some uses (multifamily structures, mixed- use commercial structures, and public facilities) are “allowed uses” that also might not meet the necessary criteria for an incentive to build up, not out. City staff have approached this proposal by amending the code in the following two distinct ways: Goal 1: Provide unique allowed uses the ability to deviate from zoning standards. Not all uses have the opportunity or flexibility to reasonably deviate from zoning standards. Some flexibility could benefit other issues such as stormwater, provision of open space, building frontage along a streetscape, or the allowance of a structure in a position that matches historic practices along a street or alley that do not currently conform to current zoning standards. Goal 2: Provide proper guidance on permitting procedures for conditional, unclassified, and minor deviation proposals. The current zoning code does not adequately provide procedural guidance for community members or City staff. This amendment will consolidate processes and provide better locations for standards and procedures of certain permit applications. Planning Commission Recommendation: At the special Planning Commission Meeting on September 11, 2024, staff provided draft amendments to Chapters 17.94 and 17.96 PAMC. The Planning Commission made a final unanimously approved motion “To forward to council the amended section 17.96.065 for their consideration preserving the planning commission's authority to review the remainder of this code at a future date, and to have City Council review the whole chapter 17.94 and 17.96 at a later date.” The above revisions also necessitate minor adjustments to the Hearing Examiner's responsibilities in Chapter 2.18 to implement MCA 24-88. The proposal including the planning commission recommendation is to amend the following sections of the PAMC: 1. PAMC 17.40 2. PAMC 17.94 3. PAMC 17.96 4. PAMC 2.18 The City Council conducted a Public Hearing and first reading of the proposal on October 1, 2024. Funding Overview: N/A Attachments: 1. Revised Ordinance 2. Staff Report and draft Municipal Code Amendments as presented to the Planning Commission 3. Public Notice for MCA 24-88 and associated Determination of Non-Significance (DNS) #1475 4. Determination of Non-Significance (DNS) #1475 5. Draft Minutes of the September 11, 2024, Planning Commission Meeting October 15, 2024 G - 2 1 ORDINANCE NO. ___________ AN ORDINANCE of the City of Port Angeles, Washington amending portions of Title 17 and Title 2 of the Port Angeles Municipal Code relating to minor deviation permits and conditional use permits. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Title 17 of the Port Angeles Municipal Code is hereby amended by amending sections of Title 17 as follows: 17.40.060 Minimum yard requirements. A. Minimum lot area: None. B. Minimum lot width: None. C. Setbacks: Minimum yard setbacks shall be no less than the adjacent zoning requirements, except that in the event the adjacent zone is PBP, setbacks shall be zero feet. No structure shall be placed within 15 feet of an alley. D. Maximum lot coverage: 50 percent. E. Maximum building height: 35 40 feet. 17.94.065 Developmental standards for conditional uses in residential zoning. Reserved. TABLE A CONDITIONAL USES IN RESIDENTIAL LOW AND MIXED DENSITY ZONES THAT HAVE SPECIAL DEVELOPMENT STANDARDS Uses Lot Area Lot Width Yard Requirements Lot Coverage Signs Per Site Front Interior Side Corner Side Rear Art Galleries and museums * * * * * * * 10 sq. ft. unlit or indirectly lit Child care 7,000 sq. ft. * * * * * 0 5 sq. ft. unlit October 15, 2024 G - 3 2 Churches or other places of worship 25,000 sq. ft. 100 ft. 35 ft. 35 ft. 35 ft. 35 ft. 0 24 sq. ft. of reader board signage indirectly lit Communication transmission structures, radio/TV stations and towers * * * * * * * 10 sq. ft. unlit Libraries ½ acre 100 ft. 35 ft. 35 ft. 35 ft. 35 ft. * 10 sq. ft. unlit Nursing, convalescent homes, assisted living facilities 1 acre 200 ft. 30 ft. 20 ft. 20 ft. 40 ft. * 10 sq. ft. unlit Public parks and recreation facilities 20 sq. ft. unlit Public utility structures 9,000 sq. ft. 75 ft. 25 ft. 8 ft. 25 ft. 10 ft. * 20 sq. ft. unlit Public and private schools: Elementary schools 5 acres + 1 acre per ea. 100 students 40 ft. 40 ft. 40 ft. 40 ft. 40 ft. 25% 100 sq. ft. Middle, Jr. and Sr. high schools 10 acres + 1 acre per ea. 100 students 40 ft. 40 ft. 40 ft. 40 ft. 40 ft. 25% 100 sq. ft. 17.94.180 – Minor deviations. Reserved. October 15, 2024 G - 4 3 A. A minor deviation from front, side, and rear yard setbacks, lot coverage, and height requirements established in this title may be granted by the Director of Community and Economic Development in accordance with the provisions of this section. B. A minor deviation may be granted if all of the following findings are made: 1. The granting of the minor deviation is consistent with the purpose of the zone in which the property is located and the project is otherwise consistent with the requirements of said zone. 2. Because of special circumstance, the strict application of the zoning ordinance results in an undue hardship upon the applicant. 3. The minor deviation will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located. 4. The minor deviation is not greater than ten percent of the requirement being deviated from. C. Any applications that are not granted a minor deviation by the Director of Community and Economic Development pursuant to this section must obtain a variance through the City's normal variance procedure as set forth in Chapter 2.52 PAMC. 17.96.050 – Conditional use permit. … D. The Federal Fair Housing Act requires that reasonable accommodations be made in rules policies, practices, or services, when such accommodations may be necessary to afford disabled people equal opportunity to use and enjoy a dwelling. The Planning Commission Hearing Examiner is therefore authorized to make accommodations in the consideration of Conditional Use permits for group homes for disabled persons as defined in the federal Fair Housing Act, when the Commission determines that such accommodations reasonably may be necessary in order to comply with such Act. October 15, 2024 G - 5 4 TABLE A CONDITIONAL USES IN RESIDENTIAL LOW AND MIXED DENSITY ZONES THAT HAVE SPECIAL DEVELOPMENT STANDARDS Uses Lot Area Lot Width Yard Requirements Lot Coverage Signs Per Site Front Interior Side Corner Side Rear Art Galleries and museums * * * * * * * 10 sq. ft. unlit or indirectly lit Childcare 7,000 sq. ft. * * * * * 0 5 sq. ft. unlit Churches or other places of worship 25,000 sq. ft. 100 ft. 35 ft. 35 ft. 35 ft. 35 ft. 0 24 sq. ft. of reader board signage indirectly lit Communication transmission structures, radio/TV stations and towers * * * * * * * 10 sq. ft. unlit Libraries ½ acre 100 ft. 35 ft. 35 ft. 35 ft. 35 ft. * 10 sq. ft. unlit Nursing, convalescent homes, assisted living facilities 1 acre 200 ft. 30 ft. 20 ft. 20 ft. 40 ft. * 10 sq. ft. unlit Public parks and recreation facilities 20 sq. ft. unlit Public utility structures 9,000 sq. ft. 75 ft. 25 ft. 8 ft. 25 ft. 10 ft. * 20 sq. ft. unlit Public and private schools: Elementary schools 5 acres + 1 acre per ea. 40 ft. 40 ft. 40 ft. 40 ft. 40 ft. 25% 100 sq. ft. October 15, 2024 G - 6 5 100 students Middle, Jr. and Sr. high schools 10 acres + 1 acre per ea. 100 students 40 ft. 40 ft. 40 ft. 40 ft. 40 ft. 25% 100 sq. ft. 17.96.055 – Administrative conditional use permit. A. The Director shall consider applications for administrative conditional use permits of uses as specified in the applicable chapter of the zoning regulations. The Director may grant said permits that are consistent and compatible with the purpose of the zone in which the use is located, consistent with the comprehensive plan, and not contrary to the public use and interest. B. In each application the Director may impose restrictions or conditions that are reasonably necessary to protect the public health, safety and welfare, and to prevent depreciation of neighboring property. 17.96.065 – Minor deviations. A. A minor deviation from front, side, and rear yard setbacks, lot coverage, site coverage and height requirements established in this title may be granted by the Director of Community and Economic Development or the Hearing Examiner in accordance with the provisions of this section. B. A minor deviation not greater than 20 percent may be granted by the Director if all of the following findings are made: 1. The minor deviation is consistent with the purpose of the zone in which the property is located and the project is otherwise consistent with the requirements of said zone. 2. Because of special circumstance, the strict application of the zoning ordinance results in an undue hardship upon the applicant. 3. The minor deviation will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located. October 15, 2024 G - 7 6 C. A minor deviation of between 21 percent and 30 percent may be granted by the Hearing Examiner in if all of the following findings are made: 1. The minor deviation is consistent with the purpose of the zone in which the property is located, and the project is otherwise consistent with the requirements of said zone. 2. Because of special circumstance, the strict application of the zoning ordinance results in an undue hardship upon the applicant. 3. The minor deviation will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located. 4. The following standards have been adequately addressed: a. The provision of adequate utilities has been demonstrated. b. Alternatives to the minor deviation have been considered. c. Shadow and viewshed impact studies has been performed demonstrating no significant impacts to surrounding properties. d. The application demonstrates that an attempt has been made to reduce potential impacts from the deviation to surrounding property owners. e. If the proposal is for an increase in maximum building height, the proposal does not qualify for the building height bonus standards of 17.20.070. D. Any applications that are not granted a minor deviation by the Director of Community and Economic Development or Hearing Examiner pursuant to this section must obtain a variance through the City's normal variance procedure as set forth in Chapter 2.52 PAMC. 17.96.070 Hearing and appeal of conditional use, or unclassified use, or minor deviation permit applications. A. Notice and hearing for conditional use, or unclassified use, or minor deviation permits. Upon filing an application for a conditional use, or unclassified use, or minor deviation permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of a conditional or unclassified use permit, the Hearing Examiner shall give public notice, as October 15, 2024 G - 8 7 provided in PAMC 17.96.140, of the intention to consider at a public hearing the granting of a conditional or unclassified use permit. The Hearing Examiner's decision shall be final unless appealed to the City Council. B. Decisions. Conditional use, or unclassified use, or minor deviation permit decisions issued by the Hearing Examiner, shall be set forth in writing and shall be accompanied by written findings and conclusions. Decisions shall be deemed effective upon adoption of the written decision, findings and conclusions. A 14-day appeal period shall commence upon such adoption. On the next business day following the effective date of the decision, or as soon thereafter as practicable, the Department of Community and Economic Development shall mail copies of the decision, findings and conclusions to the applicant and anyone else who has in writing requested such notification and shall place a legal notice of decision in the local newspaper. … D. Permits void after one year. All conditional use, or unclassified use, or minor deviation permits shall become void one year from the date of granting such permits if use of the land or buildings or applying for necessary building permits(s) has not taken place in accordance with the provisions in granting said requests. E. Extensions of approved conditional use, unclassified use, or minor deviation permits. Extensions of approved conditional use permits shall be considered in accordance with the same procedures as for the original permit application, provided that the following minimum criteria are met: 1. The use complies with the permit conditions. 2. There have been no significant, adverse changes in circumstances. Upon written request for an extension submitted to the Department of Community and Economic Development prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for 90 days to allow the City adequate time to review the extension request. October 15, 2024 G - 9 8 F. Minor amendment of approved conditional use, unclassified use, or minor deviation permits. A minor amendment to an approved conditional use permit may be granted by the Director of Community and Economic Development. 1. A written request for amendment must be submitted to the Department of Community and Economic Development. A minor amendment may be granted if all of the following findings are made: a. The amendment does not change the approved conditional use permit by more than ten percent of the original approval. For those immeasurable changes, of which the ten percent does not apply, the change shall not increase the intensity of use; and b. The amendment will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located. 2. Any applications that are not granted a minor amendment pursuant to this section must obtain an amendment through the City's normal conditional use permit procedure. Section 2. Title 2 of the Port Angeles Municipal Code is hereby amended by amending sections of Title 2 as follows: 2.18.060 Functions, issues and jurisdiction of the Hearing Examiner A. Review authority. The Hearing Examiner is hereby authorized and directed to hear and decide the following matters: … 2. Minor deviation requests, per PAMC 17.96.065. … 2.18.065 Functions, issues and jurisdiction of the Director of Community and Economic Development. October 15, 2024 G - 10 9 A. Review authority. The Director of Community and Economic Development, referred to as "Director" in this section is hereby authorized and directed to hear and decide the following matters: … 11. Minor deviation requests, per PAMC 17.94.180 17.96.065. … *** Section 3. - 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 to other local, state, or federal laws, codes, rules or regulations, or ordinance numbering, section/subsection numbers and any references thereto. Section 4. - 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 5. - 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 ___________, 2024. _______________________ Kate Dexter, Mayor APPROVED AS TO FORM: _____________________________ William E. Bloor, City Attorney October 15, 2024 G - 11 10 ATTEST: _____________________________ Kari Martinez-Bailey, City Clerk October 15, 2024 G - 12 MCA No. 24-88| City-wide Municipal Code Changes Chapter 17.94 and 17.96 Code Amendments | Page 1 of 3 TO: Planning Commission FROM: The Community and Economic Development Department DATE: Wednesday, August 28, 2024 RE: Conditional Use and Minor Deviation Permit Standards I.BACKGROUND Over the last eight years the City of Port Angeles has moved towards more flexibility in its zoning standards. The Planning Commission has assisted in providing multiple different pathways for a project proposal to deviate from certain standards. These deviations are typically conditionally allowed as long as the proposer can demonstrate that the potential impacts to surrounding properties, businesses, and residents can or have been mitigated, and the health, safety, and welfare of the community is appropriately maintained. One area that has not been reviewed is how this flexibility continues to be difficult for allowed uses and facilities that are unique enough that a pathway to reasonably deviate from zoning standards does not exist. Whether the issue is the specific zone, the type of structure, or the unique location, current zoning code does not provide an efficient or reasonable means to provide flexibility for what could be considered better development practices. Staff’s solution to this permitting issue is an amendment to the minor deviation code. The permitting process can be used for proposals that are “allowed uses” in the zone they are located in, but because of special circumstances or hardships the proposal could benefit from a change in the zoning standards. The deviation is current set at a maximum of ten percent. A ten percent deviation from any zoning standard is nearly imperceptible. Allowing a 35-foot-tall building and additional 3.5 feet in height or 1.5 feet closer from a 15-foot setback, in nearly all circumstances, will not negatively affect any surrounding land uses or the health, safety and welfare of the community. The issue lies in a use already being listed as “allowed” in a specific zone. If the use was listed as “conditional”, the conditional use process could be used to deviate from any zoning standards with conditions in place to ensure compatibility with surrounding uses. In certain zones, some uses (multifamily structures, mixed use commercial structures, and public facilities) are “allowed uses” that also might not meet the necessary criteria for an incentive to building up or out. The proposed amendment will provide increasing standards for minor deviations starting with public noticing for simple reviews up to 20 percent, a neighborhood meeting and increased standards for a Attachment 2 October 15, 2024 G - 13 MCA No. 24-88| City-wide Municipal Code Changes Chapter 17.94 and 17.96 Code Amendments | Page 2 of 3 request up to 30 percent, and a public hearing for a request no larger than 50 percent. Upon reviewing methods to ensure efficient and reasonable permitting practices for these unique uses, staff found that the processes and standards for administrative conditional use permits, conditional use permits, unclassified use permits, and minor deviations could all be updated to better facilitate proper development. Codes from cities in Washington State of comparable size, as well as our local neighboring municipalities were all also evaluated in the code amendment process to ensure a consistent methodology was used. To address these permitting standards and processes, staff is proposing amendments that include redrafting certain sections Chapter 17.94 PAMC to ensure the conditional use, unclassified use, and minor deviation permitting processes are easier to find and follow for applicants and staff alike. III.CODIFICATION GOALS AND RESULTS Staff has approached this proposal by amending the code in the following two distinct ways: Goal 1: Provide unique allowed uses the ability to deviate from zoning standards Not all uses have the opportunity or flexibility to reasonably deviate from zoning standards. Some flexibility could benefit other issues such as stormwater, provision of open space, building frontage along a streetscape, or the allowance of a structure in a position that matches historic practices along a street or alley that do not currently conform to current zoning standards. Goal 2: Provide proper guidance on permitting procedures for conditional, unclassified, and minor deviation proposals. Current zoning code does not adequately provide procedural guidance for community members or staff. This amendment will consolidate like processes and provide better locations for standards and procedures of certain permit applications. V. OTHER COUNTY AND STATE REGULATIONS In staff’s research there were three specific instances from the comparable cities whose code was reviewed that supported the proposed amendments to Sections 17.94 and 17.96 PAMC: Port Townsend – Minor Variances: Chapter 17.86.055 PTMC Allows for a zoning variance necessary because of special circumstances that is minor and provides criteria that are related to existing surrounding character, density, and impact to existing uses. Camas – Minor Variance Chapter 18.45.030 CMC Allows for a 10 modification to a numerical development standard. The approval of this variance depends on typical variance standards and is based upon “unusual circumstances”. Anacortes – Variances Chapter 19.38 AMC October 15, 2024 G - 14 MCA No. 24-88| City-wide Municipal Code Changes Chapter 17.94 and 17.96 Code Amendments | Page 3 of 3 Provides different numerical thresholds for the granting of a variance permit based upon the percentage of deviation that is being requested. VI. STAFF RECOMMENDATION Staff recommends the Planning Commission 1) ask staff any questions they may have about the proposed amendment, 2) discuss any changes or alternatives to the staff provided code amendment with applicable motions to approve those recommended changes, and 3) make a final motion to recommend the code amendment with any changes approved by the Planning Commission. VII. SUPPORTING DOCUMENTS 1. Proposed amendments to Chapter 17.94 PAMC 2. Proposed amendments to Chapter 17.96 PAMC October 15, 2024 G - 15 Title 17 ‐ ZONING CHAPTER 17.94 GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS Port Angeles, Washington, Code of Ordinances Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 1 of 8 CHAPTER 17.94 GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS 17.94.010 Foregoing regulations subject to this chapter. The foregoing regulations pertaining to the several zones must be subject to the general provisions, conditions, and exceptions contained in this chapter. (Ord. 3688 § 36, 12/21/2021; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 1, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.020 Lot area not to be reduced, exceptions. A. De minimis variance: Adjustment to the lot area of no more than five percent of the minimum lot size established by the underlying zone. (Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2666 § 8 (part), 1/17/1992; Ord. 2238 § 2, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.030 Reserved. Editor's note(s)—Ord. 3688 § 36, adopted Dec. 21, 2021, repealed § 17.94.030 entitled "Use of lots or parcels containing more than minimum required lot area," which derived from: Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3272, adopted Feb. 16, 2007; Ord. 2668 § 10 (part), adopted Jan. 17, 1992; Ord. 2238 § 3, adopted Jan. 3, 1983; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970. 17.94.040 Yards to be enclosed within a solid fence. A. Every wrecking, salvage, junk, used lumber yards, equipment and material storage yards must 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. B. Salvage and building material establishments must contain all items for display or sale within a structure or behind a sight‐obscuring fence not less than six feet in height. No part of any required front, side or rear yard setbacks must be used for the sale or display of any said items. (Ord. 3688 § 36, 12/21/2021; Ord. 3688 § 36, 12/21/2021; Ord. 3577 § 1, 3/21/2017) Editor's note(s)—Ord. 3577 § 1, adopted Mar. 21, 2017, deleted § 17.94.040 entitled "Measurement of front and side yards", and enacted a new section as set out herein. The former § 17.94.040 derived from Ord. 2668 § 10 (part), adopted Jan. 17, 1992; Ord. 2238 § 5, adopted Jan. 3, 1989; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970. 17.94.050 Vacated streets. Vacated streets, alleys, places and cul‐de‐sacs must assume the zone classifications of the property that adjoined such street, alley, place or cul‐de‐sac prior to vacation. Where zone classification differs from one side to the other the boundary line must be at the former center line of such vacated street, alley, place or cul‐de‐sac. October 15, 2024 G - 16 Created: 2024‐05‐30 10:17:01 [EST] (Supp. No. 33, Update 2) Page 2 of 8 (Ord. 3688 § 36, 12/21/2021; Ord. 3577 § 1, 3/21/2017) 17.94.060 Yard requirements for property abutting half‐streets or streets designated by an official control. A. A building or structure must not be erected on a lot that abuts a street having only a portion of its required width dedicated and where no part of such dedication would normally revert to said lot if the street were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth of that portion of the lot needed to complete the road width plus the width or depth of the yards required on the lot by these regulations. B. This section applies to all zones. C. Where an official control adopted pursuant to law includes plans for widening of existing streets, the connecting of existing streets, or the establishment of new streets, the placement of buildings and the maintenance of yards, where required by these regulations, must relate to the future street boundaries as determined by said official control. (Ord. 3688 § 36, 12/21/2021; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 7, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.065 Development standards for conditional uses in residential zoning.Reserved TABLE A CONDITIONAL USES IN RESIDENTIAL LOW AND MIXED DENSITY ZONES THAT HAVE SPECIAL DEVELOPMENT STANDARDS Uses Lot Area Lot Width Yard Requirements Lot Coverage Signs Per Site Front Interior Side Corner Side Rear Art Galleries and museums * * * * * * * 10 sq. ft. unlit or indirectly lit Child care 7,000 sq. ft. * * * * * 0 5 sq. ft. unlit Churches or other places of worship 25,000 sq. ft. 100 ft. 35 ft. 35 ft. 35 ft. 35 ft. 0 24 sq. ft. of reader board signage indirectly lit Communication transmission structures, radio/TV stations and towers * * * * * * * 10 sq. ft. unlit Libraries ½ acre 100 ft. 35 ft. 35 ft. 35 ft. 35 ft. * 10 sq. ft. unlit October 15, 2024 G - 17 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 3 of 8 Nursing, convalescent homes, assisted living facilities 1 acre 200 ft. 30 ft. 20 ft. 20 ft. 40 ft. * 10 sq. ft. unlit Public parks and recreation facilities 20 sq. ft. unlit Public utility structures 9,000 sq. ft. 75 ft. 25 ft. 8 ft. 25 ft. 10 ft. * 20 sq. ft. unlit Public and private schools: Elementary schools 5 acres + 1 acre per ea. 100 students 40 ft. 40 ft. 40 ft. 40 ft. 40 ft. 25% 100 sq. ft. Middle, Jr. and Sr. high schools 10 acres + 1 acre per ea. 100 students 40 ft. 40 ft. 40 ft. 40 ft. 40 ft. 25% 100 sq. ft. * See applicable zone for minimum standards. (Ord. 3728 § 14(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017) 17.94.070 Reserved. Editor's note(s)—Ord. 3688 § 36, adopted Dec. 21, 2021, repealed § 17.94.070 entitled "Development standards for an accessory dwelling unit (ADU)," which derived from: Ord. 3644 § 1, adopted Nov. 6, 2019; and Ord. 3577 § 1, adopted Mar. 21, 2017. 17.94.075 Exception to yard requirement. When the side lot line of a lot in any zone adjoins the side lot line of a lot in a more restrictive zone, the adjoining side yard for such lot must not be less than the minimum side yard required in the more restrictive zone. (Ord. 3688 § 36, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 8, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) Note(s)—See the editor's note to § 17.94.070. 17.94.080 Yard and unobstructed space regulations. Except as provided in this chapter, every required yard and unobstructed space must be open and unobstructed from the ground to the sky. No yard or unobstructed space provided around any building for the purpose of complying with the provisions of these regulations must be considered as providing a yard or unobstructed space on an adjoining lot or parcel whereon a building is to be erected. October 15, 2024 G - 18 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 4 of 8 (Ord. 3688 § 36, 12/21/2021; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 9, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.090 Vision clearance. All corner and reverse corner lots must maintain a triangular area within which no tree, fence, shrub, wall or other physical obstruction must be permitted higher than 30 inches above the established grade for vision safety purposes. Said triangular area must be measured as follows: A.Street intersections. At any intersection of two streets, curbs or sidewalks, two sides of said triangular area must extend 20 feet along both improvements, measured from their point of intersection. B.Street and alley intersections. At any intersection of street and alley rights‐of‐way, two sides of said triangular area must extend ten feet along both rights‐of‐way, measured from their point of intersection. C.Street and driveway intersections. At any intersection of a street, curb or sidewalk and a driveway, the sides of each required triangular area must extend ten feet along the street right‐of‐way line and 20 feet along the edge of the driveway, measured from the point of intersection of each side of the driveway and the street right‐of‐way line. (Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 10, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.100 Driveways. Width, location and number of curb‐cuts for driveways per lot must be as specified in the City of Port Angeles Urban Services Standards and Guidelines Manual. (Ord. 3688 § 36, 12/21/2021; Ord. 3572 § 23, 12/20/2016; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 11, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.110 Parking space regulations. All space used for the sale, display, or parking of any merchandise or vehicles must be confined to the property lines. No space for the sale, display, or parking of any merchandise or vehicles must be permitted in the right‐of‐ way of any public street, unless a right‐of‐way use permit is first obtained. Discretionary approvals required under the Zoning Code may be conditioned to require the necessary screening, lighting, entrances, and exits for off‐street parking. (Ord. 3688 § 36, 12/21/2021; Ord. 3577 § 1, 3/21/2017) 17.94.120 Permitted intrusions into required yards. The following intrusions may project into any required yards: A.Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part. B.Exterior residential elevators not greater than three feet in depth nor wider than eight feet measured in the general direction of the wall of which it is a part. October 15, 2024 G - 19 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 5 of 8 C. Unenclosed, uncovered or covered porches, terraces, or landings, when not extending above the first floor of the building, may extend not more than six feet into the front yard setback, eight feet into the rear yard setback and three feet into the side yard setback. Open railing or grillwork in conformance with the International Building Code may be constructed around any such porch, terrace or landing. D. Planting boxes or masonry planters not exceeding 30 inches in height may extend a maximum of three feet into any required front yard. E. Porches, decks, platforms, walks, driveways, etc., not more than 30 inches above grade. F. Plazas and common outdoor recreation areas. G. Eaves with a maximum overhang of 30 inches. H. Detached accessory buildings within the rear one‐third of a lot are permitted not closer than three feet to side nor ten feet to rear property lines or alleys. (Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. No. 3441 § 10, 11/15/2011; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2636 § 15, 5/15/1991; Ord. 2488 § 1 (part), 5/27/1988; Ord. 2238 § 13, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.130 Lot coverage exemptions. The following must be exempt from the maximum lot coverage requirements of any zone: A. Sidewalks, driveways, and uncovered off‐street parking spaces. B. The first 30 inches of eaves. C. Uncovered swimming pools and hot tubs. D. Uncovered, unenclosed decks and platforms not more than 30 inches above grade. E. Systems that allow the infiltration of stormwater into the underlying soils, such as permeable pavement and bioretention facilities, are not counted against lot coverage calculations. F. A professional engineer licensed in the State of Washington is required to perform infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area. (Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. 3572 § 23, 12/20/2016; Ord. 3343 § 9, 1/1/2009; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2488 § 1 (part), 5/27/1988; Ord. 2238 § 14, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.135 Stormwater site coverage exemptions. Systems that are not hard surfaces and allow the infiltration of stormwater into the underlying soils, such as bioretention facilities, are exempt from the maximum site coverage requirements of any zone. All applicants seeking exemptions under this section are required to participate in a pre‐application review meeting with City staff. A professional engineer licensed in the State of Washington is required to perform infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area. (Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. 3572 § 23, 12/20/2016; Ord. 3343 § 9, 1/1/2009) October 15, 2024 G - 20 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 6 of 8 17.94.140 Walls and fences. In all residential zones a wall or fence must be no taller than four feet within the front building setback area, provided that a height of six feet is permitted within the front setback area if the top two feet is constructed of material that is at least 50 percent open work. The fence height may be a maximum six feet between the front setback line and mid‐point of the lot. The fence height may be a maximum of eight feet from the mid‐point of a lot to the rear property line, provided that the top two feet is constructed of a material that is at least 25 percent open (Note: lattice is 25 percent open). All vision clearance requirements per section 17.94.090 (driveways, street and alley corners) must be maintained. The finished side (side without the support) of a fence must face the neighboring property or if on a corner lot must face the street. Fence post supports may contain a decorative cap that does not exceed six inches above the maximum fence height. A maximum fence height of six feet is permitted in commercial zones. Barbed wire or electric fencing is only allowed above six feet from the ground on fences that are solid or chain link. (Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. No. 3441 § 11, 11/15/2011; Ord. 3272, 2/16/2007; Ord. 2954 § 2, 3/28/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 15, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.150 Storage of merchandise or vehicles in yards and rights‐of‐way. A. In residential and commercial zones, the storage of merchandise, appliances or vehicles in front or side yards must be prohibited; provided, however, that car dealerships, boat sales, lumber yards, nurseries, and car rental services must be exempt from this requirement. B. In no zone must the storage of any articles or vehicles be permitted to extend into public rights‐of‐way. (Ord. 3688 § 36, 12/21/2021; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2390 § 1, 5/30/1986; Ord. 2238 § 16, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.94.155 Use of residential streets. Subject to any other regulation of the use of streets under this Code, no owner or occupant of land abutting a public street, which land or street is in a residential zone or is the boundary of a residential zone, may use such street for the habitual or overnight parking or storage of commercial motor vehicles or trailers. Excepted from this prohibition is the parking on the street of one commercially used vehicle that is driven to and from the work place by the owner or occupant of the dwelling unit. October 15, 2024 G - 21 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 7 of 8 (Ord. 3688 § 36, 12/21/2021; Ord. 3272, 2/16/2007; Ord. 2862, 4/14/1995) 17.94.170 Reserved. Editor's note(s)—Ord. 3688 § 36, adopted Dec. 21, 2021, repealed § 17.94.170 entitled "Exception to height requirement," which derived from: Ord. 3272, adopted Feb. 16, 2007; and Ord. 2861 § 1 (part), adopted Mar. 17, 1995. 17.94.175 Exceptions to area requirements. For the purpose of encouraging the construction of off‐street parking under or within a building rather than in rear, side, or front yards, the following exceptions to minimum lot areas must be permitted. For each ten‐foot by 20‐foot area to be permanently reserved and used for a parking space under or within a building, a lot area credit of 300 square feet must be permitted. Said lot area credit can be deducted from the required minimum lot area, or can be used to increase a proportional number of permitted dwelling units in motels and multi‐family structures. (Ord. 3688 § 36, 12/21/2021; Ord. 3577 § 1, 3/21/2017) 17.94.180 Minor deviationsReserved. A. A minor deviation from front, side, and rear yard setbacks, lot coverage, and height requirements established in this title may be granted by the Director of Community and Economic Development in accordance with the provisions of this section. B. A minor deviation may be granted if all of the following findings are made: 1. The granting of the minor deviation is consistent with the purpose of the zone in which the property is located and the project is otherwise consistent with the requirements of said zone. 2. Because of special circumstance, the strict application of the zoning ordinance results in an undue hardship upon the applicant. 3. The minor deviation will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located. 4. The minor deviation is not greater than ten percent of the requirement being deviated from. C. Any applications that are not granted a minor deviation by the Director of Community and Economic Development pursuant to this section must obtain a variance through the City's normal variance procedure as set forth in Chapter 2.52 PAMC. (Ord. 3688 § 36, 12/21/2021; Ord. 3272, 2/16/2007; Ord. 2956 § 4, 4/25/1997) 17.94.185 Non‐zoned annexation areas. Any area not zoned by the City prior to annexation must automatically upon annexation be classified and subject to the provisions, restrictions, and requirements of the zone most consistent with the City's comprehensive plan as determined by the City. (Ord. 3688 § 36, 12/21/2021; Ord. 3577 § 1, 3/21/2017) October 15, 2024 G - 22 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 8 of 8 17.94.190 Exceptions, variances and adjustments to stormwater development minimum requirements. A. Exceptions/variances (exceptions) to the stormwater development minimum requirements may be granted by the Director of Community and Economic Development following legal public notice of an application for an exception or variance, legal public notice of the Director's decision on the application, and written findings of fact that documents the Director's determination to grant an exception. The Director may grant an exception to stormwater development minimum requirements if such application imposes a severe and unexpected economic hardship. To determine whether the application imposes a severe and unexpected economic hardship on the project applicant, the applicant must provide written documentation considering the following: 1. The current (pre‐project) use of the site; and 2. How the application of the minimum requirement(s) restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum requirements; and 3. The possible remaining uses of the site if the exception were not granted; and 4. The uses of the site that would have been allowed prior to the adoption of the minimum requirements; and 5. A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the minimum requirements; and 6. The feasibility for the owner to alter the project to apply the minimum requirements. B. The Director must consider and document with findings of fact the applicant's request. In addition, the Director must determine and document the exception meets the following criteria: the exception will not increase risk to the public health and welfare, nor be injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and the exception is the least possible exception that could be granted to comply with the intent of the stormwater development minimum requirements. C. Adjustments to the minimum requirements may be granted by the Director provided that a written finding of fact is prepared, that addresses the following: 1. The adjustment provides substantially equivalent environmental protection. 2. Based on sound engineering practices, the objectives of safety, function, environmental protection and facility maintenance, are met. (Ord. 3688 § 36, 12/21/2021; Ord. 3568 § 2, 12/20/2016) October 15, 2024 G - 23 Title 17 ‐ ZONING CHAPTER 17.96 ADMINISTRATION AND ENFORCEMENT Port Angeles, Washington, Code of Ordinances Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 1 of 14 CHAPTER 17.96 ADMINISTRATION AND ENFORCEMENT 17.96.010 Scope of regulations. A. All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, all enlargements of or additions to existing uses occurring hereafter, shall be subject to these zoning regulations that are applicable to the zones in which such buildings, uses, or land shall be located. B. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of these zoning regulations, and provided that construction has begun by said date, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and upon completion may be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions in regard to nonconforming buildings, uses and structures. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.020 Interpretation. A. In the interpretation and application of these zoning regulations, the provisions of these regulations shall be held to be the minimum requirements for the promotion of public health, safety and welfare. B. Where the conditions imposed by any provisions of these zoning regulations upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of these zoning regulations or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations that are most restrictive (or that impose higher standards or requirements) shall govern. C. These zoning regulations are not intended to abrogate any easement, covenant, or any other private agreement; provided that where these regulations are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements in these zoning regulations shall govern. D. No building, structure, or use that was not lawfully existing at the time of the adoption of these zoning regulations shall become or be made lawful solely by reason of the adoption of these zoning regulations, and to the extent and in any manner that said unlawful building, structure or use conflicts with the requirements of these zoning regulations, said building, structure, or use remains unlawful. (Ord. 3272, 2/16/2007; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.025 Nonresidential dwelling prohibition. House trailers, automobiles, automobile trailers, mobile homes, park model manufactured homes, boats, recreation vehicles, vacation trailers and campers shall not be used for residential purposes in the City of Port Angeles except in approved trailer parks, the Port Angeles Boat Haven (boats only), or as permitted by section 17.96.075 PAMC (Temporary use permit), section 17.13.020 PAMC (Residential Trailer Park Overlay Zone), or section 17.21.020 PAMC (ADUs). October 15, 2024 G - 24 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 2 of 14 (Ord. 3710 § 1, 3/21/2023; Ord. 3390 § 11, 1/30/2010; Ord. 3272, 2/16/2007; Ord. 3155 § 18, 1/30/2004) 17.96.030 Rules for interpreting zoning boundaries. A. When uncertainty exists as to the boundaries of zones as indicated on the Official Zoning Map, the following rules shall apply: 1. Boundaries shown on the zoning map as approximately following the centerline of streets, alleys, highways or City limits shall be construed as following such centerlines and City limits. 2. Distances not specifically indicated on the zoning map shall be determined by applying the scale of the map. 3. Where a zone boundary line parallel, or approximately parallel, to a street divides a lot or property in single ownership having street frontage in a less restrictive zone, the provisions applicable to the less restrictive zone may be extended to the entire lot, but in no case for a distance of more than 25 feet. Where such zone boundary line divides a lot having street frontage only in a more restrictive zone, the provisions of these regulations covering the more restrictive portion of such lot shall extend to the entire lot. 4. Where a zone boundary line divides a lot of single ownership and such line is at right angles or approximately at right angles to the street, highway or place upon which said lot fronts, the provisions of these regulations applicable in the less restrictively zoned portion of the lot may be extended to the entire lot or for a distance of 25 feet from such zone boundary line, whichever is the lesser distance. 5. Where a zone boundary line, as indicated on the zoning map, follows the top or bottom of a bluff or bank, such line shall be at the point that is the average grade of the slope for the bank and top, or bottom, as determined by the City Engineer. B. Interpretation on zoning boundaries shall be made consistent with the City's Comprehensive Plan goals, policies and objectives. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.040 Substandard lots, recorded lots. When a lot has less than the minimum required area or width in any zone, and said lot was of record on the effective date of these zoning regulations (January 4, 1971), such lot shall be deemed to have complied with the minimum required lot area or width, in such zone. A building or structure may be permitted on said lot of record providing it meets all other requirements for such zone. (Ord. 3272, 2/16/2007; Ord. 3009 § 2, 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2238 § 17, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970) 17.96.045 Zoning lot covenants—Applicability. Zoning lot covenants, as defined in PAMC 17.08.130.C, may only be used to allow a property owner to designate two or more adjacent lots as a single lot of record, when the existing two or more lots: A. Have a legal residential structure encroaching onto said lots; or October 15, 2024 G - 25 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 3 of 14 B.Results in a lot that meets the zoning and subdivision requirements. A zoning lot covenant is not intended to allow the circumvention of applicable platting regulations and is intended to allow the consolidation of properties by a property owner for development and use by the owner. The covenant shall be recorded with the County Auditor's Office and a copy of the recorded covenant shall be provided to the Department of Community and Economic Development. Once filed, the covenant may only be removed through compliance with RCW 58.17 and Chapter 16.04 or 16.08. (Ord. 3577 § 1, 3/21/2017); Ord. 3272, 2/16/2007; Ord. 2863 § 1, 4/14/1995) 17.96.050 Conditional use permit. A.The Hearing Examiner shall consider applications for conditional use permits of uses as specified in the applicable chapter of the zoning regulations. The Hearing Examiner may grant said permits that are consistent and compatible with the purpose of the zone in which the use is located, consistent with the comprehensive plan, and not contrary to the public use and interest. The Hearing Examiner may refuse to issue a conditional use permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these zoning regulations by introducing incompatible, detrimental or hazardous conditions. B.In each application the Hearing Examiner may impose whatever restrictions or conditions they consider essential to protect the public health, safety and welfare, and to prevent depreciation of neighboring property. C.Purpose of a conditional use permit: the purpose of a conditional use permit shall be to assure that the maximum degree of compatibility between uses shall be attained. The purpose of these regulations shall be maintained with respect to the particular use of the particular site and in consideration of other existing and potential uses within the general area in which such use is to be located. D.The Federal Fair Housing Act requires that reasonable accommodations be made in rules policies, practices, or services, when such accommodations may be necessary to afford disabled people equal opportunity to use and enjoy a dwelling. The Planning Commission Hearing Examiner is therefore authorized to make accommodations in the consideration of Conditional Use permits for group homes for disabled persons as defined in the federal Fair Housing Act, when the Commission determines that such accommodations reasonably may be necessary in order to comply with such Act. TABLE A DEVELOPMENT STANDARDS FOR CONDITIONAL USES IN RESIDENTIAL LOW AND MIXED DENSITY ZONES Uses Lot Area Lot Width Yard Requirements Lot Coverage Signs Per Site Front Interior Side Corner Side Rear Art Galleries and museums * * * * * * * 10 sq. ft. unlit or indirectly lit Child care 7,000 sq. ft. * * * * * 0 5 sq. ft. unlit Churches or other places of worship 25,000 sq. ft. 100 ft. 35 ft. 35 ft. 35 ft. 35 ft. 0 24 sq. ft. of reader board October 15, 2024 G - 26 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 4 of 14 signage indirectly lit Communication transmission structures, radio/TV stations and towers * * * * * * * 10 sq. ft. unlit Libraries ½ acre 100 ft. 35 ft. 35 ft. 35 ft. 35 ft. * 10 sq. ft. unlit Nursing, convalescent homes, assisted living facilities 1 acre 200 ft. 30 ft. 20 ft. 20 ft. 40 ft. * 10 sq. ft. unlit Public parks and recreation facilities 20 sq. ft. unlit Public utility structures 9,000 sq. ft. 75 ft. 25 ft. 8 ft. 25 ft. 10 ft. * 20 sq. ft. unlit Public and private schools: Elementary schools 5 acres + 1 acre per ea. 100 students 40 ft. 40 ft. 40 ft. 40 ft. 40 ft. 25% 100 sq. ft. Middle, Jr. and Sr. high schools 10 acres + 1 acre per ea. 100 students 40 ft. 40 ft. 40 ft. 40 ft. 40 ft. 25% 100 sq. ft. * See applicable zone for minimum standards. (Ord. 3548 § 25, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.055 Administrative conditional use permit. A. The Director shall consider applications for administrative conditional use permits of uses as specified in the applicable chapter of the zoning regulations. The Director may grant said permits that are consistent and compatible with the purpose of the zone in which the use is located, consistent with the comprehensive plan, and not contrary to the public use and interest. The Director may refuse to issue a conditional use permit if the applicable standards for that use as related to the specific proposed site are such as would defeat the purpose of these zoning regulations by introducing incompatible, detrimental, or hazardous conditions. B. In each application the Director may impose whatever restrictions or conditions they consider essential to protect the public health, safety and welfare, and to prevent depreciation of neighboring property. October 15, 2024 G - 27 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 5 of 14 C. Purpose of an administrative conditional use permit: the purpose of an administrative conditional use permit shall be to assure that the maximum degree of compatibility between uses shall be attained. The purpose of these regulations shall be maintained with respect to the particular use of the particular site and in consideration of other existing and potential uses within the general area in which such use is to be located. 17.96.060 Unclassified use permit. A. The Planning Commission shall consider applications for unclassified use permits of uses possessing characteristics of such unusual, large‐scale, unique or special form as to make impractical including them in any zone of classified uses. The Planning Commission may grant said permits that are consistent and compatible with the purpose of the zone in which the use is located, consistent with the comprehensive plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue an unclassified use permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. B. In each application the Planning Commission may impose whatever restrictions or condition it considers essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. C. Purpose of an unclassified use permit: The purpose of an unclassified use permit shall be to assure that the maximum degree of compatibility between uses shall be attained. The purpose of these regulations shall be maintained with respect to the particular use of the particular site and in consideration of other existing and potential uses within the general area in which such use is to be located. D. The following uses require an unclassified use permit: 1. Aquaculture. 2. Correctional facilities. 3. Gun clubs, skeet shoots, target ranges, and firing ranges. 4. Hydroelectric dams. 5. Oil ports (facilities that will result in the receipt of more than an average of 50,000 barrels per day of crude or refined petroleum that has been or will be transferred over marine waters). 6. Petroleum refineries, liquefied natural gas and liquefied petroleum gas facilities, energy facilities, energy plants and their associated facilities and associated transmission facilities such as defined in Chapter 80.50 RCW. 7. Processing and rendering of animal byproducts. 8. Quarrying and mining. 9. Refuse disposal sites, dumps, sanitary landfills and incinerators. 10. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits. 11. Transfer stations for refuse and garbage. 12. Wireless communication support structures that exceed the maximum building height specified by the particular zone. 13. Other uses possessing characteristics of such unusual, large‐scale, unique or special form as to make impractical including them in any zone of classified uses. (Ord. 3272, 2/16/2007; Ord. 3071, § 4 (part), 12/15/2000; Ord. 2861 § 1 (part), 3/17/1995) October 15, 2024 G - 28 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 6 of 14 17.96.065 Minor deviations. A. A minor deviation from front, side, and rear yard setbacks, lot coverage, site coverage and height requirements established in this title may be granted by the Director of Community and Economic Development or the Hearing Examiner in accordance with the provisions of this section. B. A minor deviation not greater than 20 percent may be granted by the Director if all of the following findings are made: 1. The granting of the minor deviation is consistent with the purpose of the zone in which the property is located and the project is otherwise consistent with the requirements of said zone. 2. Because of special circumstance, the strict application of the zoning ordinance results in an undue hardship upon the applicant. 3. The minor deviation will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located. 4. The minor deviation is not greater than ten percent of the requirement being deviated from. C. A minor deviation of between 20 percent and 30 percent or one and half stories may be granted by the Director if all of the following findings are made: 1. The proposed deviation is for a multifamily, commercial mixed use, or public facility. 2. The granting of the minor deviation is consistent with the purpose of the zone in which the property is located and the project is otherwise consistent with the requirements of said zone. 3. Because of special circumstance, the strict application of the zoning ordinance results in an undue hardship upon the applicant. 4. The minor deviation will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located. 5. The minor deviation is not greater than 30 percent of the requirement being deviated from. 6. The following standards have been adequately addressed: a. A neighborhood meeting has been properly noticed and held and concerns have been documented and addressed in the application. b. The provision of adequate utilities has been demonstrated. c. Alternatives to the minor deviation have been documented. d. A shadow and viewshed impact study have been performed demonstrating no significant impacts to surrounding properties. e. If the proposal is for an increase in maximum building height, the proposal does not qualify for the building height bonus standards of 17.20.070. D. A minor deviation of between 30 percent and 50 percent may be granted by the Hearing Examiner in if all of the following findings are made: 1. The proposed deviation is for a multifamily, commercial mixed use, or public facility. 2. The granting of the minor deviation is consistent with the purpose of the zone in which the property is located and the project is otherwise consistent with the requirements of said zone. 3. Because of special circumstance, the strict application of the zoning ordinance results in an undue hardship upon the applicant. October 15, 2024 G - 29 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 7 of 14 4. The minor deviation will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located. 5. The minor deviation is not greater than 50 percent of the requirement being deviated from. 6. The following standards have been adequately addressed: a. The provision of adequate utilities has been demonstrated. b. Alternatives to the minor deviation have been documented. c. Shadow and viewshed impact studies has been performed demonstrating no significant impacts to surrounding properties. d. The application demonstrates that an attempt has been made to reduce all potential impacts from the deviation to surrounding property owners. e. If the proposal is for an increase in maximum building height, the proposal does not qualify for the building height bonus standards of 17.20.070. E. Any applications that are not granted a minor deviation by the Director of Community and Economic Development or Hearing Examiner pursuant to this section must obtain a variance through the City's normal variance procedure as set forth in Chapter 2.52 PAMC. 17.96.070 Hearing and appeal of conditional use, or unclassified use, or minor deviation permit applications. A. Notice and hearing for conditional use, or unclassified use, or minor deviation permits. Upon filing an application for a conditional use or unclassified use, or minor deviation permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of a conditional or unclassified use permit, the Hearing Examiner shall give public notice, as provided in PAMC 17.96.140, of the intention to consider at a public hearing the granting of a conditional or unclassified use permit. The Hearing Examiner's decision shall be final unless appealed to the City Council. B. Decisions. Conditional use or unclassified use, or minor deviation permit decisions issued by the Hearing Examiner, shall be set forth in writing and shall be accompanied by written findings and conclusions. Decisions shall be deemed effective upon adoption of the written decision, findings and conclusions. A 14‐ day appeal period shall commence upon such adoption. On the next business day following the effective date of the decision, or as soon thereafter as practicable, the Department of Community and Economic Development shall mail copies of the decision, findings and conclusions to the applicant and anyone else who has in writing requested such notification and shall place a legal notice of decision in the local newspaper. C. Appeals. 1. Any person aggrieved by the decision of the Hearing Examiner may appeal the decision to the City Council. 2. Appeals shall be submitted to the Department of Community and Economic Development in writing within 14 days following the date of the decision. 3. The City Council shall conduct a closed record hearing on the appeal of the Hearing Examiner's decision. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. October 15, 2024 G - 30 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 8 of 14 D. Permits void after one year. All conditional use or unclassified use, or minor deviation permits shall become void one year from the date of granting such permits if use of the land or buildings or applying for necessary building permits(s) has not taken place in accordance with the provisions in granting said requests. E. Extensions of approved conditional use, unclassified use, or minor deviation permits. Extensions of approved conditional use permits shall be considered in accordance with the same procedures as for the original permit application, provided that the following minimum criteria are met: 1. The use complies with the permit conditions. 2. There have been no significant, adverse changes in circumstances. Upon written request for an extension submitted to the Department of Community and Economic Development prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for 90 days to allow the City adequate time to review the extension request. F. Minor amendment of approved conditional use, unclassified use, or minor deviation permits. A minor amendment to an approved conditional use permit may be granted by the Director of Community and Economic Development. 1. A written request for amendment must be submitted to the Department of Community and Economic Development. A minor amendment may be granted if all of the following findings are made: a. The amendment does not change the approved conditional use permit by more than ten percent of the original approval. For those immeasurable changes, of which the ten percent does not apply, the change shall not increase the intensity of use; and b. The amendment will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located. 2. Any applications that are not granted a minor amendment pursuant to this section must obtain an amendment through the City's normal conditional use permit procedure. (Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 25, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3239 § 1, 3/17/2006; Ord. 3042 § 3 (part), 1/28/2000; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2935 § 1, 11/15/1996; Ord. 2911 § 2, 3/29/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 16, 2/11/1994; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 18 (part), 5/15/1991; Ord. 2595 § 1, 6/27/1990; Ord. 2503 § 1, 7/27/1988; Ord. 2334 § 3, 4/10/1985; Ord. 1798 § 2, 8/15/1973; Ord. 1709 § 1 (part), 12/22/1970) 17.96.075 Temporary use permits. A. Purpose, criteria and review authority. The Director of the Department of Community and Economic Development may authorize temporary use permits for the construction and occupancy of temporary buildings, including mobile homes, used in conjunction with construction or reconstruction projects, or other circumstance requiring a temporary installation and occupancy, for a period not to exceed one year. Such temporary use permits may be located in any zone; provided, required setbacks of the zone where the temporary use permit is to occur are provided to protect the public health, safety and welfare. Temporary use permits requested for longer than one year shall conform in every respect to all provisions of these regulations but must be considered at a public hearing before the Hearing Examiner. B. Extensions. Upon written request the Director of Community and Economic Development may issue an extension for a period not to exceed six months. Only one six‐month extension may be granted for each temporary use permit. October 15, 2024 G - 31 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 9 of 14 Requests for extensions exceeding six months of previously approved temporary use permits with specified time periods of authorization shall also be considered at a public hearing before the Hearing Examiner and may be granted for a period of one to five years, provided that the following minimum criteria are met: 1.The use complies with the permit conditions. 2.There have been no significant adverse changes in circumstances. C.Appeals. 1.Any person aggrieved by the decision of the Director or Hearing Examiner may appeal the decision as allowed in sections 2.18.060 and 2.18.065 PAMC. 2.Appeals shall be submitted to the Department of Community and Economic Development in writing within 15 days following the date of the decision and shall pay and shall remit the fee set by resolution for such action. (Ord. 3710 § 1, 3/21/2023; Ord. 3577 § 1, 3/21/2017) 17.96.080 Variances. A.Review authority. As delegated in section 2.18.060, the City's Hearing Examiner shall be hereby authorized and directed to hear and decide on all variance applications, with exception to variances pertaining to parking requirements or standards as described in section 14.40.130. B.Application requirements. A request for one or more variances must be made by filing an application with the Department of Community and Economic Development at least 30 calendar days prior to the review authority's consideration of the application. The application must be accompanied by the materials noted on the application. The Community and Economic Development staff may require the applicant and/or representative to furnish such additional written information or supplemental materials as necessary to enable staff and the review authority to process the application. C.Criteria and public noticing and hearing requirements. 1.No variance shall be granted by the Hearing Examiner until after a public hearing is adequately noticed and held, as hereinafter provided, and until after the Department of Community and Economic Development has found that the provisions of all other ordinances, with which compliance is required, have been fulfilled. In acting on an application for a variance, the Hearing Examiner shall have and exercise original jurisdiction in receiving, granting or denying all applications for such variance uses as provided for in this chapter and shall have the power to place in such permits conditions or limitations in its judgment required to secure adequate protection to the zone or locality in which such use is to be permitted. The Hearing Examiner must also find: a.The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and b.That such variance is necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located; and c.That the granting of such variance shall not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated. October 15, 2024 G - 32 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 10 of 14 2. The Department of Community Development shall fix a time, date and place for public hearing on such application, which date shall not be less than 15 days after notice given in the following manner: a. By United States mail addressed to the applicant and to the owners of all adjoining or abutting property. (Property separated from the proposed use by a street, highway or other public road or alley shall be construed to be adjoining or abutting for the purpose of giving notice; and notices addressed to the last known address of the person making the latest property tax payment shall be deemed proper notice to the owner of such property.); b. By printed notice posted in a conspicuous place at or near the location of the proposed use; c. By publishing notice thereof in the official newspaper of the City. Such notice shall contain the name of the applicant or applicants, the legal description of the property involved, the special property use requested, the date, time and place of the public hearing thereon and shall specify that any person interested may appear at such public hearing and be heard either for or against such application. 3. At such public hearing, the Hearing Examiner shall proceed to hear all persons present who desire to be heard either for or against such application and shall render its decision upon such application at the conclusion of such hearing or as soon thereafter as reasonably possible. Any building permit thereafter issued for such property shall be in accordance with and subject to all terms and conditions contained in the decision of the Hearing Examiner. 4. The Hearing Examiner shall maintain in the office of the Department of Community and Economic Development full and complete written records of all proceedings, factual findings and conclusions reached on any and all such applications. D. Authorization and limitations on approval. Whenever the Hearing Examiner shall authorize the issuance of a permit for a variance, a building permit and/or occupancy permit must be obtained by the applicant within one year from the date of the Hearing Examiner's decision. Following one year, the Hearing Examiner's decision shall cease to be effective. When a variance is denied, a new application for the same variance may not be submitted for a period of one year following the denial, unless there has been a revised proposal, significant change in circumstances, or new information becomes available to support a variance. E. Revocation. In addition to all other penalties prescribed in this chapter whenever, in the opinion of the Director of Community and Economic Development, any person granted a permit for a variance fails to comply with all of the terms, conditions or limitations of such permit and of the decision of the Hearing Examiner authorizing the granting of such permit, he shall issue an order, in writing, requiring that all further work on the premises or use thereof be stopped until the violation has been corrected. If the violation is not corrected or if the work on the premises or use thereof is not stopped or suspended until such violation is corrected, the Director shall give written notice to the owner or occupant of the premises deemed in violation that the department will apply to the Hearing Examiner for an order revoking the permit for the variance. Such written notice shall specify the time, the date and place when the department will appear before the Hearing Examiner to request such revocation and shall advise the owner or occupant of the premises deemed to be in violation that such owner or occupant is at liberty to appear and be heard with respect to the request of the department for such revocation. Such notice shall be mailed to the owner or occupant of the premises deemed in violation, by certified mail with a return receipt requested, at least five days prior to the date specified in such notice as being the date of the hearing. At the hearing, the Hearing Examiner shall have the power to sustain or overrule the order of the department and to revoke the permit granted for such variance. The affirmative vote of the Hearing Examiner shall be necessary before the order of the department is declared to be overruled. The Hearing Examiner shall keep in the office of the department full and complete written records of all proceedings, factual findings and conclusions of the Hearing Examiner in all such hearings. October 15, 2024 G - 33 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 11 of 14 F. Appeals from Hearing Examiner decision. As outlined in section 2.18.060 of the PAMC, the decision of the Hearing Examiner is the final decision of the City. In those cases the decision of the Hearing Examiner may be appealed to Superior Court. The appeal to Superior Court must be filed within 15 days of the date the Hearing Examiner's decision is issued. (Ord. 3719 § 1, 9/5/2023; Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/29/1993; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1798 § 1, 8/15/1973; Ord. 1709 § 1 (part), 12/22/1970) 17.96.090 Filing fees. The fees for the filing and processing of applications for all permits required by this title are set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix A. (Ord. 3719 § 1, 9/5/2023; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2789 § 14, 1/1/1994; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2143 § 1, 5/31/1981; 1/17/1992; Ord. 1798 § 3, 8/15/1973; Ord. 1709 § 1 (part), 12/22/1970) 17.96.095 Zoning initiation by the Planning Commission. On its own action, or if requested by the City Council, the Planning Commission shall cause to be prepared official controls that, when adopted by ordinance by the City Council, will further the objectives and goals of the comprehensive plan. The Planning Commission may also draft such regulations, programs and legislation that, in its judgment, are required to preserve the integrity of the comprehensive plan and assure its systematic execution. The Planning Commission may recommend such plans, regulations, programs and legislation to the City Council for adoption. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.100 Amendments. A. In determining if an amendment to these regulations is needed, the City Council shall give due consideration to the proper relationship of such amendment to the comprehensive plan and the entire zoning regulations; it being the intent to retain the integrity and validity of the zones herein described and to avoid any isolated spot zoning changes in the zoning map. B. Any amendments adopted by the City Council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to the zoning regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to final passage by the City Council. C. No application for a change of zoning of any lot, parcel or portion thereof shall be considered by the City Council within one year of the final action of the Council upon a prior application covering any of the same described land. This provision, however, shall not impair the right of the Council to propose by its own action any amendment or change in the boundaries of any of the zones in these regulations. (Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) October 15, 2024 G - 34 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 12 of 14 17.96.110 Subdividing. The Hearing Examiner shall review all proposed subdivisions and shall have the power to approve or deny said plats and to require any modifications necessary to assure consistency with the comprehensive plan, and to standards, specifications and regulations established by state law, by City of Port Angeles Subdivision Regulations (Chapter 16.08 PAMC), and by this title. (Ord. 3548 § 25, 1/5/2016; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.120 Enforcement. A.The Director of Community and Economic Development shall have the authority to enforce all provisions of this ordinance. No oversight or dereliction on the part of the Director of Community and Economic Development or any official or employee of the City of Port Angeles vested with the duty or authority to issue permits or licenses shall legalize, authorize, waive or excuse the violation of any of the provisions of this title. B.No permit or license for any use, building, or purpose shall be issued by any official or employee of the City of Port Angeles if the same would be in conflict with the provisions of this title or any other ordinance now in force referring to this title. Any permit or license so issued shall be null and void. C.In the event any person, firm, or corporation should use, erect, construct, move, or alter, or attempt to use, erect, construct, move or alter any property, building or structure in violation of the provisions of this title, the same is hereby declared a public nuisance and the City Attorney shall have the authority to bring and to prosecute an action in any court of competent jurisdiction to enjoin such person, firm, or corporation from continuing such use, erection, construction, moving or altering. If such use, erection, construction, moving, or alteration is being or has been accomplished, the City Attorney shall enjoin such person, firm, or corporation from maintaining same. (Ord. 3272, 2/16/2007; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 14, 5/15/1991; Ord. 1709 § 1 (part), 12/22/1970) 17.96.130 Entry upon private property. The Building Official, members of the Planning Commission, and the Planning or Public Works staff, in the performance of their functions and duties, may, on notification, except in an emergency, enter upon any land and make examinations and surveys. Provided, that such entries and examinations do not damage or interfere with the use of the land by those persons lawfully entitled to the possession thereof. (Ord. 3710 § 1, 3/21/2023; Ord. 3272, 2/16/2007; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) 17.96.140 Notice of public hearings. Notice of public hearings required pursuant to this title shall be given as follows: A. At least 15 days prior to the date of the public hearing, the Department of Community and Economic Development shall cause notice of the time, place and purpose of the hearing to be published in the City's officially designated newspaper. October 15, 2024 G - 35 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 13 of 14 B. In addition to the notice given in subsection A., where the purpose of the public hearing involves a specific site, notices shall be given as follows: 1. At least 15 days prior to the date of the public hearing, the City shall cause notice of the time, place and purpose of the hearing to be posted on the site in a conspicuous manner in the form of a brightly colored notice on a self‐standing sign as provided by the Department of Community and Economic Development or in such other form as the Department of Community and Economic Development may direct. 2. At least 15 days prior to the date of the public hearing, the Department of Community and Economic Development shall cause notice of the time, place and purpose of the hearing to be mailed to the latest recorded real property owners within at least 300 feet of the boundary of the site as shown by the records of the County Assessor. The applicant shall provide the Department of Community and Economic Development with mailing labels for each such property owner. (Ord. 3272, 2/16/2007; Ord. 2911 § 2, 3/29/1996; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 18, 5/15/1991; Ord. 2595 § 2, 6/27/1990; Ord. 1709 § 1 (part), 12/22/1970) 17.96.150 Appeals. Any appeal of a final decision rendered by the Director of Community and Economic Development pursuant to this title must be filed with the Hearing Examiner within 15 days of such final decision and include payment of the appeal fee set forth in a resolution authorized by Chapter 1.25 PAMC or be barred. See Appendix A for fees. (Ord. 3719 § 1, 9/5/2023; Ord. 3548 § 25, 1/5/2016; Ord. 2990 § 5, 5/15/1998; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2595 § 3, 6/27/1990) 17.96.160 Code revisor. The City's Code revisor is authorized and directed to make minor organizational changes to the zoning code necessary for codification, and to prepare for City Council adoption a codification of the entire City zoning code, including all zoning code amendments that have been approved by the City Council. (Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 19, 5/15/1991) 17.96.170 Zoning code amendment. Application. Any person wishing to apply for an amendment to this zoning ordinance must submit a completed application and a filing fee as set forth in a resolution authorized by Chapter 1.25 PAMC (see Appendix A) to the Department of Community and Economic Development, together with any information necessary to comply with the requirements of the State Environmental Policy Act (SEPA) Chapter 43.21C RCW. (Ord. 3719 § 1, 9/5/2023; Ord. 3272, 2/16/2007; Ord. 2932 § 35, 10/11/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 19, 5/15/1991) 17.96.180 Penalties. Any person, firm, or corporation violating any provisions of this title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment for a term not to exceed six months, or by both fine and imprisonment. Such person, firm, or corporation shall be deemed guilty of a October 15, 2024 G - 36 Created: 2024‐05‐30 10:17:02 [EST] (Supp. No. 33, Update 2) Page 14 of 14 separate offense for each and every day during any portion of which any violation of this title is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided. (Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970) Editor's note(s)—Ord. 3577 § 1, adopted Mar. 21, 2017, deleted Table A, the table following § 17.96.180, entitled, "Conditional Uses in Residential Single‐Family Zones that have Special Developmental Standards," which derived from Ord. 3332 § 11, adopted April 25, 2008. See § 17.94.065. October 15, 2024 G - 37 Attachment 3 City of Port Angeles - Notice of Public Hearing for Municipal Code Amendment No. 24-88 Application Type: MCA Permit with SEPA Description: Municipal Code Amendment to Chapters 2.18, 17.40, 17.94, and 17.96 to update hearing examiner functions and zoning code to provide more flexibility in zoning-related development standards and updated permitting procedures Location: Citywide SEPA Written Comment Period Close: 9/30/24 WHAT: The City of Port Angeles is scheduling a hybrid-format public hearing for Municipal Code Amendment (MCA) Application No. 24-88 conducted by the City Council. The proposed amendment information may be found online at https://www.cityofpa.us/145/Land-Use-Projects-Under-Review or you can request documents and information from the Department of Community & Economic Development (DCED) by emailing ced@cityofpa.us. HOW TO COMMENT: Interested parties are encouraged to comment on the municipal code amendment proposal and may request a copy of the decision once it’s been made. Any interested parties may submit written comment during the 14-day public comment period care of the Department of Community & Economic Development (DCED) via email ced@cityofpa.us, or addressed to 321 E 5th St., Port Angeles, WA 98362 no later than the comment period closing date of 9/30/24. Verbal testimony can be made during the Public Hearing. STATE ENVIRONMENTAL POLICY ACT: A Determination of Non-Significance (No. 1475) has been made per WAC 197-11-340. This comment period will be the only time to comment on the environmental impacts of the proposed project. Interested parties are encouraged to comment on the SEPA Checklist and may request a copy of the determination once it’s been made. Any interested parties may submit written comment during the 14-day public comment period care of the Department of Community & Economic Development (DCED) via email ced@cityofpa.us, or addressed to 321 E 5th Street, Port Angeles, WA 98362 no later than the comment period closing date of 9/30/24. DATE / TIME OF VIRTUAL PUBLIC HEARING: October 1, 2024 at 6:30 or soon thereafter in the City Council Chambers of City Hall, 321 E 5th Street, Port Angeles, WA 98362. Port Angeles City Hall is accessible for persons with disabilities. Requests for special accommodations can be made by contacting the City Clerk’s Office. Closed captioning can also be made available. Please contact City Clerk Kari Martinez-Bailey by phone at 360-417-4634, or by email at cityclerk@cityofpa.us, to request accommodations or receive instructions for closed captioning. For information on attending the City Council meeting virtually, please visit https://www.cityofpa.us/984/Live-Virtual-Meetings. OCTOBER 1, 2024 CITY COUNCIL AGENDA: https://www.cityofpa.us/583/Meetings-Agendas DECISION AND APPEAL INFORMATION: The Council decision will be made based on staff’s recommendation, Planning Commission recommendation, and written public comment. Any appeal of this decision shall be filed within 14 days after the date of decision. LINK TO PROJECT INFORMATION: https://www.cityofpa.us/145/Land-Use-Projects-Under-Review FOR ADDITIONAL INFORMATION PLEASE CONTACT: Ben Braudrick, Planning Supervisor at (360) 417-4750 or ced@cityofpa.us. PUBLISHED ON: 9/17/24 October 15, 2024 G - 38 DNS 1475 MCA 24-88 CITY OF PORT ANGELES State Environmental Policy Act (SEPA) DETERMINATION OF NON-SIGNIFICANCE WAC Chapter 197-11-340(2) PROPOSAL:Changes to Chapters 2.18, 17.40, 17.94, and 17.96 of the Port Angeles Municipal Code related to Hearing Examiner responsibilities, an increase in height standards from 35-40 feet in the PBP, Public Buildings and Parks zone, movement of conditional use minor deviation standards from 17.94 to 17.96, and an administrative minor deviation increase from 10-20 percent and hearing examiner decision on minor deviation applications from 21-30 percent . DETERMINATION OF NON-SIGNIFICANCE:This DNS is issued under the Washington Administrative Code (WAC) 197-11-340(2). The City of Port Angeles has determined that the proposal does not have a probable significant adverse impact on the environment and an environmental impact statement (EIS) is not required under the Revised Code of Washington (RCW) 43.21C.030(2)(c). The City of Port Angeles made this decision after reviewing a complete environmental checklist and other information on file with the lead agency. This information is available to the public on request. APPLICANT:...................................City of Port Angeles REPRESENTATIVE:......................Ben Braudrick LOCATION:.....................................Citywide LEAD AGENCY:.............................City of Port Angeles COMMENT PERIOD:The lead agency will not act on this proposal for 14 days from the date of issuance. Comments must be submitted by September 30, 2024, when the DNS may be retained, modified, or withdrawn. APPEALS:Revised Code of Washington (RCW) 43.21C.060 allows an appeal to a local legislative body of any decision by a nonelected local official. Any appeal of the threshold determination of the SEPA Responsible Official must be made to the City of Port Angeles Hearing Examiner within 14 days of the date the DNS is final. The appeal must be in writing, conforming with Section 15.04.280 PAMC. Written appeals shall be delivered to the Department of Community and Economic Development at 321 East 5th Street, Port Angeles, WA 98362, or by email to ced@cityofpa.us. An appeal of this determination must be based on non-compliance with RCW 43.21, WAC 197-11, or Chapter 15.04 PAMC. An open record public hearing on the SEPA appeal shall be before the Port Angeles Hearing Examiner. Date Shannen Cartmel, SEPA Official Responsible Official: .........................Shannen Cartmel Position:.............................................Deputy Director, Department of Community & Economic Development Address: .............................................321 East 5 th Street, Port Angeles, WA 98362 Email: ................................................scartmel@cityofpa.us Phone: ................................................(360) 417-4751 October 15, 2024 G - 39 October 15, 2024 G - 40 PLANNING COMMISSION MEETING Port Angeles, Washington September 11, 2024 This meeting was conducted as a hybrid meeting. CALL TO ORDER - SPECIAL MEETING Chair Young called the regular meeting of the Port Angeles Planning Commission to order at 6:05 p.m. ROLL CALL Planning Commission Chair Colin Young, Vice Chair Flemming, Commissioners: Schorr, Stanley, Steiger. Members Absent: Commissioner Smith Staff Present: Community and Economic Development Director Shannen Cartmel, Planning Supervisor Ben Braudrick, Associate Planner Chloe. PUBLIC COMMENT John Ralston, Port Angeles Resident Thanked the Planning Commission and Staff for the clarity that the joint Planning Commission and Utility Advisory Committee meeting provided on vacant and blighted properties. Expressed concerns regarding enforcement for the motion that had passed during that meeting. Had a question regarding the Minor Deviation Code change regarding a statement made about the delay of the update being detrimental to the school or school construction, and I requested clarity. Craig Fulton, previous Port Angeles resident consultant for the school district, for the Stephens middle school project and is it I have comments about the revised ordinance. Expressed support for the new ordinance changes for, which provides zoning flexibility for future development. As it also provides better streamlined standards and procedures for both community members and city staff to follow to move projects forward in more expeditious manner when the zoning, requirements don't quite fit what is on the ground in reality. AGENDA ITEMS 1.Action: Façade and Sign Improvement Grant FSG 24-04. Staff presentation on a façade grant proposal for 629 E Front Street - Olympic Place Apartments and Planning Commission decision on grant award. 2.Action: Municipal Code Amendment 24-88 Minor Deviation standards and procedure change. Staff presentation on amendments to Chapters 17.94 and 17.96 PAMC and Planning Commission recommendation to City Council. ACTION ITEMS/DISCUSSION ITEMS/PUBLIC HEARING Discussion Item: Façade and Sign Improvement Grant FSG 24-04. Staff presentation on a façade grant proposal for 629 E Front Street - Olympic Place Apartments and Planning Commission decision on grant award It was moved by Steiger and seconded by Stanley to: Motion to approve as requested. Staff recommends the approval of funding for Façade Improvement Grant 24-04, citing 7 Findings, 3 Conclusions, and 7 Conditions in the Staff Report. Motion passed 4-1. Action Item: Municipal Code Amendment 24-88 Minor Deviation Standards and Procedure Change. Staff presentation on amendments to Chapters 17.94 and 17.96 PAMC and Planning Commission recommendation to City Council. Attachment 5 October 15, 2024 G - 41 CITY OF PORT ANGELES PLANNING COMMISSION – September 11, 2024 It was moved by Flemming and seconded by Stanley to: Recommendation to City Council to change the public buildings and parks height requirement to make them 40 feet for all public facility uses. Motion carried 3-2. It was moved by Young and seconded by Stieger to: Amend Section 17.96.065.B PAMC to 30 percent, remove Section 17.96.065.C PAMC, and amend 17.96.080.D PAMC to remove Section 17.96.065.D.5 After the original motion was made and amended, the final motion was considered: Amend Section 17.96.065.B PAMC to 30 percent and remove , remove Section 17.96.065.C PAMC, and amend 17.96.080.D PAMC to remove Section 17.96.065.D.5; and amend 17.96.080.D to 17.96.065.C and amend the threshold for review from 21-30 percent. Motion carried 4-1. Motion by Flemming and seconded by Steiger to: Extend the meeting by 15 min. Motion Approved. Motion by Flemming and seconded by Stanley to: To forward to council the amended section 17.96.065 (Minor deviation section) for their consideration preserving the planning commission's authority to review the remainder of this code at a future date, and to have City Council review the whole chapter 17.94 and 17.96 at a later date. Motion carried 5-0. STAFF UPDATES Planning Supervisor Braudrick requested the Commissioners participate in the upcoming Storefront Studio and associated Workshops on September 23-25 and reminded of the special Planning Commission meeting to review the studio and workshops on September 25 at 230 East 1st Street. SECOND PUBLIC COMMENT John Ralston, Port Angeles resident Stated that they agree with most of the discussion and the and the methods the Planning Commission took and the end results. John made one additional comment regarding the code update, that was to say if there's notification done to people, that the applicant be responsible for paying for that notification. COMMISSION REPORTS Commissioner Stanley started a discussion about fences and code enforcement. Commissioner Flemming spoke about the productivity that the joint UAC meeting had. Commissioner Schorr requested more staff updates regarding potential upcoming code updates and challenges faced during application review in regard to pragmatic codes. ADJOURNMENT Chair Young motioned to adjourn the meeting at 8:17 p.m. _____________________________________ _______________________________ Chair Young, Chair Chloe Bonsen, Secretary October 15, 2024 G - 42 Date: To: From: Subject: October 15, 2024 City Council Abbi Fountain, Human Resources Manager City of Port Angeles Law Enforcement Officers and Firefighters I Disability Board Background / Analysis: In accordance with RCW Chapter 41.26 Law Enforcement Officers’ and Firefighters’ Retirement System (LEOFF), the City of Port Angeles has been providing health insurance benefits to its retired LEOFF I members. LEOFF I members are law enforcement officers and firefighters hired and enrolled into the retirement system prior to October 1, 1977. Currently, the City has sixteen retired LEOFF I members; nine retired law enforcement officers and seven retired firefighters. There are no actively employed LEOFF I members with the City of Port Angeles. RCW 41.26.110 outlines the requirement for cities and counties to establish a Disability Board to review and approve all claims for health insurance out of pocket expenses put forth by LEOFF I members. For nearly twenty years, Clallam County has had jurisdiction over all LEOFF I active and retired members employed or previously employed by Clallam County, City of Forks, City of Port Angeles and City of Sequim. In compliance with RCW 41.26.110, Clallam County has had oversight of the Disability Board, providing administrative support to the Board and coordinating Board meetings. The primary responsibility of the Board is to review and approve or disapprove out of pocket health insurance claims submitted by LEOFF I members. All approved claims are then invoiced to the City on a monthly basis and the City reimburses the LEOFF I member. Summary: In accordance with RCW Chapter 41.26 Law Enforcement Officers’ and Firefighters’ Retirement System (LEOFF), the City of Port Angeles has been providing health insurance benefits to its retired LEOFF I members. LEOFF I members are law enforcement officers and firefighters hired and enrolled into the retirement system prior to October 1, 1977. Currently the City has sixteen retired LEOFF I members; nine retired law enforcement officers and seven retired firefighters. RCW 41.26.110 outlines the requirement for cities and counties to establish a Disability Board to review and approve all claims for out of pocket health insurance claims put forth by LEOFF I members. Currently, the Clallam County Disability Board has jurisdiction over the City’s sixteen members. Once a City reaches a population of 20,000, it must establish a Disability Board to have jurisdiction over its LEOFF I members. Action taken tonight by the City Council will enable City Staff to move forward with establishing the Disability Board and oversight of the City’s sixteen LEOFF I members. Funding: N/A Recommendation: Staff are recommending Council 1) Conduct a first reading of the attached Ordinance, and 2) waive the second reading of the ordinance and adopt the ordinance that establishes a City of Port Angeles Disability Board Policy, and 3) authorize the City Manager to adopt policies to govern the Board, to take all actions necessary to implement and create the Board, and make minor modifications as necessary. October 15, 2024 G - 43 In August, Clallam County reached out to the City to let us know that, per RCW 41.26.110, once the population of Port Angeles reached 20,000 people, the City should have established its own disability board having jurisdiction over all members employed, or previously employed, by the city. The City reached 20,000 in population in 2020 and therefore, the City has been out of compliance of RCW 41.26.110 for several years. Currently, Clallam County Human Resources staff and City Human Resources staff are working on transitioning the administrative tasks so that the City will have complete oversight over its board and members starting fourth quarter 2024. Staff are proposing the City Council approve the attached Ordinance and adopt the City of Port Angeles Disability Board Policy. This policy is essentially the same policy that was adopted in 2005 by Clallam County with modifications to reflect the Disability Board requirements for the City. The goal of the City is to maintain the same policy and process that Clallam County has adopted and practiced the last several years so that the City’s LEOFF I members can have a seamless transition and with little change. In addition to adopting the attached policy, the City must establish a Disability Board to include the following members: •Two members of the City legislative body to be appointed by the Mayor. •One active or retired firefighter employed by or retired from the City to be elected by the firefighters employed by or retired from the City who are subject to the jurisdiction of the board. •One active or retired law enforcement officer employed by or retired from the City to be elected by the law enforcement officers employed by or retired from the City who are subject to the jurisdiction of the board. •One member from the public-at-large who resides within City limits to be appointed by the other four members designated in this section. Each of the appointed and elected members shall serve a two-year term. Regular meetings will occur quarterly in the months of January, April, July, and October. Staff are recommending Council 1) Conduct a first reading of the attached Ordinance, and 2) waive the second reading of the ordinance and adopt the ordinance that establishes a City of Port Angeles Disability Board Policy, and 3) authorize the City Manager to adopt policies to govern the Board, to take all actions necessary to implement and create the Board and make minor modifications as necessary. Funding Overview: N/A Attachment: Disability Board Ordinance City of Port Angeles Disability Board Policy October 15, 2024 G - 44 1 ORDINANCE NO. __________ AN ORDINANCE of the City of Port Angeles, Washington adding a new chapter, Chapter 2.23, to the Port Angeles Municipal Code establishing a Disability Board. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 2.23 of the Port Angeles Municipal Code creating a Disability Board is hereby added to the Port Angeles Municipal Code, to read as follows: CHAPTER 2.23– Disability Board. 2.32.010 – Board established. There is hereby established a Disability Board pursuant to the terms and provisions of RCW 41.26 2.32.020 – Composition and criteria. The Board is composed of five members meeting the following criteria set out in RCW 41.26.110(1). 2.32.030 - Duties. The Board shall perform all functions, exercise all powers, and make all such determinations as specified in Chapter 41.26 RCW. 2.32.040 - Meetings. The Board will hold four regular meetings annually and special other meetings as may be necessary to carry out its duties. Regular meetings of the Board will be held at City Hall on the second Thursday of January, April, July, and October, provided that the Chair of the Board is authorized to cancel a regular meeting in the event there is no substantive agenda items to consider. October 15, 2024 G - 45 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 to other local, state, or federal laws, codes, rules or regulations, or 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 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 2024 _______________________ Kate Dexter, Mayor APPROVED AS TO FORM: _____________________________ William E. Bloor, City Attorney ATTEST: _____________________________ Kari Martinez-Bailey, City Clerk PUBLISHED: ___________________ By Summary October 15, 2024 G - 46 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – i Table of Contents CITY OF PORT ANGELES DISABILITY BOARD POLICY 1 INTRODUCTION ................................................................................................................. 1 1.1 PURPOSE ........................................................................................................................................................... 1 1.2 APPLICABILITY ................................................................................................................................................... 1 1.3 DISTRIBUTION ................................................................................................................................................... 1 2 DEFINITIONS .................................................................................................................... 1 3 SELECTION/ELECTION OF DISABILITY BOARD ................................................................ 2 3.1 MEMBERSHIP ..................................................................................................................................................... 2 3.2 SELECTION OF LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS MEMBERS ....................................................... 2 3.3 SELECTION OF CITY COUNCIL MEMBER ............................................................................................................ 3 3.4 SELECTION OF PUBLIC AT LARGE MEMBER ......................................................................................................... 3 3.5 VACANCIES ........................................................................................................................................................ 3 3.6 DISABILITY BOARD OFFICERS ............................................................................................................................ 3 3.7 CLERK OF THE DISABILITY BOARD ...................................................................................................................... 4 3.8 COMPENSATION ................................................................................................................................................. 4 3.9 DISABILITY BOARD DOCTOR .............................................................................................................................. 4 4 MEETINGS .......................................................................................................................... 5 4.1 QUORUM ........................................................................................................................................................... 5 4.2 AGENDA ............................................................................................................................................................ 5 4.3 MINUTES ........................................................................................................................................................... 5 4.4 EXECUTIVE SESSIONS ........................................................................................................................................ 5 5 MEMBER RESPONSIBILITIES ............................................................................................ 6 5.1 MEDICARE ENROLLMENT REQUIRED ................................................................................................................... 6 5.2 MEMBER REQUIRED TO SUBMIT CLAIMS TO OTHER SOURCES.............................................................................. 6 5.3 FAILURE TO APPLY FOR COVERAGE AND/OR SUBMIT CLAIMS TO OTHER SOURCES ............................................... 6 5.4 MEMBER RESPONSIBLE TO MAKE PAYMENT TO PROVIDER(S) .............................................................................. 6 5.5 MEMBER RESPONSIBLE TO REPAY AMOUNTS LATER RECEIVED FROM OTHER SOURCES......................................... 6 5.6 MEMBER RESPONSIBLE TO PROPERLY SUBMIT CLAIMS ........................................................................................ 7 5.7 MEMBER RESPONSIBLE TO OBTAIN PRE-APPROVAL ............................................................................................. 7 6 FILING OF APPLICATIONS AND CLAIMS/CLAIMS PROCEDURES ..................................... 7 6.1 FORMS AND DOCUMENTATION ............................................................................................................................ 7 6.2 DEADLINE FOR FILING APPLICATIONS AND CLAIMS ............................................................................................. 7 6.3 REIMBURSEMENT PAID AFTER INSURANCE OR OTHER SOURCE ............................................................................ 8 6.4 PAYMENT TO BE MADE TO MEMBER..................................................................................................................... 8 6.5 CLAIMS PROCEDURES ......................................................................................................................................... 8 6.6 CONSIDERATION OF CLAIMS BY THE DISABILITY BOARD ..................................................................................... 9 6.7 EXPENSES CAUSED BY ABUSE OR DISSIPATION-DENIAL AND REMEDY .................................................................. 9 6.8 APPEARANCE OF MEMBER MAY BE REQUIRED ...................................................................................................... 9 October 15, 2024 G - 47 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – ii 7 ELIGIBLE MEDICAL EXPENSES/MEDICAL SERVICES ...................................................... 10 7.1 REIMBURSABLE MEDICAL SERVICES .................................................................................................................. 10 7.2 OTHER REIMBURSABLE MEDICAL SERVICES ...................................................................................................... 10 7.3 ADDITIONAL EXAMINATION MAY BE REQUIRED ................................................................................................. 13 7.4 PRE-APPROVAL REQUIRED FOR CERTAIN EXPENSES .......................................................................................... 13 7.5 LONG TERM MEDICAL CARE ............................................................................................................................. 13 7.6 HOSPICE CARE ................................................................................................................................................ 14 8 DISABILITY LEAVE .......................................................................................................... 14 8.1 APPLICATION ................................................................................................................................................... 15 8.2 CONSIDERATION .............................................................................................................................................. 15 8.3 BURDEN OF PROOF .......................................................................................................................................... 15 8.4 STANDARDS ..................................................................................................................................................... 15 8.5 ADDITIONAL EXAMINATION MAY BE REQUIRED ................................................................................................. 15 8.6 DOCTOR-PATIENT PRIVILEGE ........................................................................................................................... 16 8.7 TEMPORARY APPROVAL .................................................................................................................................... 16 8.8 NOTIFICATION OF DECISION ............................................................................................................................ 16 8.9 AUTHORIZATION TO RETURN TO DUTY ............................................................................................................. 16 8.10 CONDITIONAL RETURN TO DUTY ...................................................................................................................... 16 8.11 EXTENDING CONDITIONAL RETURN PERIOD...................................................................................................... 17 8.12 DISABILITY LEAVE ALLOWANCE ........................................................................................................................ 17 8.13 RECUPERATION ................................................................................................................................................ 17 8.14 MEMBER RESPONSIBILITIES DURING DISABILITY LEAVE .................................................................................... 18 (1) Treatments ....................................................................................................................... 18 (2) Medical Reports ................................................................................................................ 18 (3) Return to Duty .................................................................................................................. 18 (4) Jurisdiction ....................................................................................................................... 18 9 DISABILITY RETIREMENT ............................................................................................... 19 9.1 APPLICATION ................................................................................................................................................... 19 9.2 EXAMINATION .................................................................................................................................................. 19 9.3 CONDITIONAL RETURN/TRIAL SERVICE PERIOD ................................................................................................ 19 9.4 GRANTING DISABILITY RETIREMENT ................................................................................................................ 20 9.5 DUTY/NON-DUTY STATUS ............................................................................................................................... 20 9.6 EARLY RETIREMENT ......................................................................................................................................... 20 9.7 STANDARD/BURDEN OF PROOF ........................................................................................................................ 20 9.8 CONTENTS OF DECISION .................................................................................................................................. 21 9.9 NOTIFICATION OF DECISION ............................................................................................................................ 21 9.10 POST RETIREMENT RE-EXAMINATION ............................................................................................................... 21 (1) Re-Examination Evaluation ................................................................................................ 22 (2) Re-Examination of Members Residing 100 Miles Away ......................................................... 22 (3) Failure to Respond ............................................................................................................ 22 9.11 RE-ENTRY FROM RETIREMENT ......................................................................................................................... 22 10 APPEALS .......................................................................................................................... 22 10.1 DENIAL OF DISABILITY LEAVE OR DISABILITY RETIREMENT ............................................................................... 22 10.2 APPEAL OF DECISION ON CLAIM FOR MEDICAL SERVICES .................................................................................. 23 (1) Reconsideration of Decision ............................................................................................... 23 October 15, 2024 G - 48 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – iii (2) Acceptance of Service of Judicial Process ............................................................................ 23 11. RECORDS ......................................................................................................................... 23 October 15, 2024 G - 49 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 1 CITY OF PORT ANGELES DISABILITY BOARD 1 INTRODUCTION The following document is the complete Rules and Regulations of the City of Port Angeles Disability Board. This policy, originally adopted by the Clallam County Disability Board, has been established and approved by the Port Angeles City Council. Revisions and modifications must be approved by the Disability Board.. 1.1 Purpose To establish rules and procedures and administrative policies regarding the conduct of business of the City of Port Angeles Disability Board (Disability Board) in order to ensure compliance with the provisions of RCW 41.26, the Law Enforcement Officers and Firefighters Retirement System Act. 1.2 Applicability Any local agency within City of Port Angeles, that employs full-time, regularly compensated, Law Enforcement Officers and/or Firefighters who are LEOFF 1 members, fall under the jurisdiction of the City of Port Angeles Disability Board. All LEOFF 1 members actively employed in a LEOFF 1 eligible position, on disability leave from that position, or retired from a LEOFF 1 position within a local agency, either by service or disability, are subject to this policy. 1.3 Distribution Copies of these rules and any amendments hereto shall be provided by the Clerk of the Disability Board to each agency subject to the jurisdiction of the Disability Board. 2 DEFINITIONS “Accidental injury to teeth” is defined as damages to teeth or dental appliances from an occurrence of a sudden and tangible happening of a traumatic nature producing an immediate response. An accidental injury does not include teeth broken, damaged, or caused by an act of normal chewing or biting unless caused by foreign object, or by the neglect of dental hygiene. “Discontinuance of Service” is the date the member discontinues service with the employing agency (is removed from payroll). A member is considered still in service when using accrued sick leave, vacation, or other accrued leave. “Long Term Care” means nursing home care, in home nursing assistance, assisted living facilities, and adult family homes, determined to be medically necessary. October 15, 2024 G - 50 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 2 “Medically Necessary/Medical Necessity” means treatments, services or supplies that must be ordered by a physician or other covered, qualified provider and commonly and customarily recognized by the physician's profession as appropriate to treat the patient's diagnosed injury or sickness (as specified by authoritative medical or scientific literature). It does not include maintenance or supportive treatments or services or those that are educational, experimental or primarily for medical or other research. The fact that any treatments, services or supplies are furnished, prescribed or approved by a physician or other qualified provider does not in itself mean it is medically necessary (i.e., it may be cosmetic or elective). A medical treatment, service, supply, or setting may be medically necessary in part only. 3 SELECTION/ELECTION OF DISABILITY BOARD 3.1 Membership The membership of the Disability Board shall be as follows: a.Two members of the city legislative body to be appointed by the Mayor. c.One active or retired firefighter employed by or retired from the city to be elected by the firefighters employed by or retired from the city who are subject to the jurisdiction of the board. d.One active or retired law enforcement officer employed by or retired from the city to be elected by the law enforcement officers employed by or retired from the city who are subject to the jurisdiction of the board. e.One member from the public-at-large who resides within city limits to be appointed by the other four members designated in this section. Only those active or retired firefighter and law enforcement officers who are subject to the jurisdiction of the board have the right to elect under this section. All firefighters and law enforcement officers employed by or retired from the city are eligible for election. Each of the elected members shall serve a two-year term. The members appointed pursuant to this section shall serve a two-year term. 3.2 Selection of Law Enforcement Officers and Firefighters Members Two months prior to the end of a term, the Clerk of the Disability Board shall request nominations from each LEOFF 1 member. Both LEOFF 1 and LEOFF 2 members (active or retired) may apply. Within one week following receipt of the nominations, the Clerk shall construct and issue ballots to all LEOFF 1 members. The ballots shall be returned by the voting deadline. Any ballots received after the deadline will be disqualified. October 15, 2024 G - 51 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 3 The Clerk, before a witness, shall count the votes. The member receiving the highest number of votes shall be the new member. In the case of a tie, lots shall be drawn. If only one person is nominated for a position, there is no need to conduct an election. 3.3 Selection of City Council Member During a regular January City Council meeting, the Clerk shall notify the mayor of the need to select a successor member to the Disability Board. The mayor shall then select members to act as their respective representatives by serving on the Disability Board. 3.4 Selection of Public At Large Member Two months prior to the end of the term the City Clerk’s Office shall advertise the opening of the public-at-large position on the Disability Board, and applications shall be taken from any citizen meeting the criteria as described under Membership. The applications shall be reviewed by the Disability Board and a member from the public-at- large will be selected by the other four Disability Board members at a special meeting to be held one month prior to the beginning of the new term of the member. 3.5 Vacancies Positions vacated by Disability Board members shall be filled for the remainder of the term according to the described selection process. A replacement for the appointed member shall finish the remainder of the vacating member’s term at which time the above-described selection process shall be utilized and a new member selected. 3.6 Disability Board Officers The Disability Board shall elect from its members a vice-chair, annually, at its regular January meeting. After completing the term of vice-chair, the vice-chair shall serve as the chair during the next calendar year. The chair shall preside over all meetings of the Disability Board and call special meetings as needed. The chair shall sign all documents requiring the signature of the Disability Board and his/her signature as chair of the Disability Board shall be as legal and binding as if all members had affixed their names. The vice-chair shall perform the duties of the chair during the absence of the chair. October 15, 2024 G - 52 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 4 3.7 Clerk of the Disability Board The City of Port Angeles Human Resources Department shall designate from among its employees a Clerk to the Disability Board. The duties of the clerk shall include but are not limited to: a.Notify Disability Board members of dates, times, and locations of meetings b.Prepare agendas and other necessary materials for meetings c.Distribute agenda, previous meeting minutes, and packets containing other pertinent material to each Disability Board member prior to the meeting d.Take minutes of Disability Board meetings e.Inform claimants, upon request, of necessary forms and documents necessary to submit claims f.Provide claimants with necessary forms g.Insure that all benefits under insurance or other health care plans available to the claimant are paid prior to payments made by the Disability Board h.Arrange appointments with physicians and other medical personnel when required by the Disability Board and notify claimant of such appointments i.Prepare annual budget j.Prepare vouchers for payment of claims and other expenses k.Sign vouchers for expenditures that have been approved by the Disability Board as recorded in the Disability Board proceedings l.Prepare and distribute correspondence as necessary to Disability Board members, claimants, employers, and the State Retirement System m. m.Maintain inventory and order supplies n.Develop, prescribe, and maintain forms necessary to document claims 3.8 Compensation Members shall receive no compensation for their service on the Disability Board but shall be reimbursed for travel expenses incidental to such service. Such reimbursement shall be in accordance with City policy. 3.9 Disability Board Doctor A duly licensed and practicing physician or physicians in the State of Washington shall be appointed by the Disability Board. No disability retirement shall be approved by the Disability Board without prior examination of the claimant by the Disability Board doctor or a specialist of the Board doctor’s selection, on or near the expiration of the disability leave period except as provided by RCW. The Disability Board doctor shall render such other medical service as may be requested by the Disability Board. Payment for examinations by the Disability Board doctor shall be made by the city. October 15, 2024 G - 53 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 5 In order to carry out the duties of this position, each physician appointed or approved by the Disability Board is required to be knowledgeable concerning the duties, functions, and general demands required of the employee being examined. The Disability Board shall furnish to the examining physician the job description of the applicant. Re-examination of any member on disability retirement shall be conducted by a Disability Board appointed or approved physician. 4 MEETINGS Regular meetings shall be held quarterly at City Hall on the second Thursday of the months of January, April, July, and October. The time of the meetings shall be set by the Clerk of the Disability Board. Special meetings may be called by the Chair giving such notice thereof as required by RCW 42.30.060 (no less than 24 hours written notice to all members of the Disability Board and local media). The Disability Board will consider only those matters set forth in the notice of special meeting. Meetings shall be open to the public. The chair will typically call for an executive session to discuss claims requests. 4.1 Quorum Three members of the Disability Board constitute a quorum. A quorum must be present to take Disability Board action. 4.2 Agenda The Clerk of the Disability Board shall prepare an agenda each month for all regular, quarterly and special meetings. Such agenda shall include an item for approval of minutes of prior meetings. The agenda shall be sent by the second Friday of each month to the Disability Board members. 4.3 Minutes Minutes of all meetings of the Disability Board shall be kept by the Clerk of the Disability Board in accordance with State Law. 4.4 Executive Sessions The Chair may call an executive session in accordance with the State Open Public Meetings Act. October 15, 2024 G - 54 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 6 5 MEMBER RESPONSIBILITIES 5.1 Medicare Enrollment Required Members are required to enroll in Medicare Part A, if eligible. All members are required to enroll in Medicare Part B, when eligible, the premiums for which will be reimbursed by the Disability Board. In the event that the member declines such insurance, the payments for medical services approved by the Disability Board shall be reduced by an amount equivalent to that which would have been paid by the other source according to RCW 41.26.150. 5.2 Member Required to Submit Claims to Other Sources It is the responsibility of the member to ensure that all benefits payable under another insurance plan or by another source are claimed prior to submission to the Disability Board. The Disability Board will not authorize payment of claims until assurance that all sources have paid available benefits is proved to the Clerk of the Disability Board. The Disability Board will not reimburse a member for expenses previously paid or approved to be paid by insurance or any other source of re-imbursement. The Disability Board will not submit claims to, or coordinate claims with other payment sources. 5.3 Failure to Apply for Coverage and/or Submit Claims to Other Sources If the member does not apply for coverage under the sources identified above if otherwise eligible shall not be deemed a refusal of payment of benefits thereby enabling collection of charges under the provisions of this section in accordance with RCW 41.26.150. Failure of the member to submit claims to other eligible sources shall render the claim incomplete. 5.4 Member Responsible to Make Payment to Provider(s) Unless otherwise authorized, the Disability Board does not make payments directly to service providers. It is the responsibility of the member to pay providers charges and to submit proper claims for reimbursement. The Disability Board does not reimburse late charges to providers. 5.5 Member Responsible to Repay Amounts Later Received from Other Sources Any payment received from another source on a previously submitted claim shall be immediately reported to the Disability Board and the member shall reimburse that October 15, 2024 G - 55 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 7 amount for which the claim would otherwise have been reduced had the payment been received prior to reimbursement by the Disability Board. 5.6 Member Responsible to Properly Submit Claims Members are required to submit claims: a. On properly completed forms required by the Disability Board. b. With documentation required by the Disability Board. c. Only for those services eligible for reimbursement under this policy. 5.7 Member Responsible to Obtain Pre-Approval When pre-approval is required pursuant to this policy and as required under any insurance policy covering the member, members are responsible to properly complete required pre-authorization forms, submit such forms, and receive approval of the Disability Board prior to incurring expenses. Failure to obtain pre-approval when required may result in denial of reimbursement. 6 FILING OF APPLICATIONS AND CLAIMS/CLAIMS PROCEDURES 6.1 Forms and Documentation Applications for disability leave or retirement or medical claims shall be submitted on forms prescribed by the Disability Board Clerk. Forms may be obtained from the Clerk. Required documentation including information from the health care provider which describes the services, explains the medical necessity for such service, a billing statement which lists charges, and evidence of insurance payment must accompany all claims. Original receipts and invoices will be accepted for reimbursement. The Disability Board Clerk, at his/her discretion, may accept copies, faxes, or other forms of documentation. 6.2 Deadline for Filing Applications and Claims The Disability Board shall consider all applications, claims, and other submitted business each month, provided all necessary materials are submitted to the Clerk no later than close of business, the first of each month. At the discretion of the Clerk, late items may be added to the agenda. Medical claims must be filed with the Clerk of the Disability Board within one year of the date when medical services were rendered or medical supplies purchased. For purposes of benefit allowances as described herein, claims shall be based upon date of service not date of submission of the claim. Claims submitted after the filing deadline will be denied October 15, 2024 G - 56 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 8 and returned to the member, unless the Disability Board finds the existence of exigent circumstances that prevented timely filing. 6.3 Reimbursement Paid After Insurance or Other Source All medical expenses incurred and claimed for reimbursement by the member will be submitted through the member's health insurance provider(s), including Medicare, prior to acceptance and consideration by the Disability Board. Reimbursement shall be made, up to established limits, only for that portion of eligible costs not paid by health insurance provider(s) or other sources including but not limited to: a. Workers’ Compensation b. Social Security c. Medicare – Part A and Part B d. Insurance provided by another employer e. Pension Plan other than LEOFF 1 f. Insurance provided by spouse’s employer if no additional cost is required e. Any other insurance plan or similar source 6.4 Payment to be made to Member When reimbursement for a medical expense is authorized, payment of the claim will be made by the City of Port Angeles to the member. It shall be member responsibility to pay the provider. 6.5 Claims Procedures Claims shall be filed with the Clerk of the Disability Board on the Medical Claim Form(s) provided by the Disability Board. Claims submitted with incomplete information as required on the form shall be returned to the member for completion. The member shall certify the claim as being true and correct, that the member has paid or is liable for payment of all amounts claimed, and that all monies payable from another source have been collected. The evidence of medical expenses shall be attached to the claim form. Evidence shall be provided with Explanation of Benefits forms from all other insurance sources (such as Medicare and/or an insurance company such as Teamsters, Regence Blue Shield, Blue Cross, AWC, or any other such insurance provider) or, when there is no other insurance coverage available, an itemized statement from the medical provider such as hospital, physician, lab, etc. October 15, 2024 G - 57 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 9 Prescriptions not payable by insurance must be evidenced by either the original RX receipt or an itemized statement from the pharmacy that includes the date of purchase and the name and RX number of the prescription. 6.6 Consideration of Claims by the Disability Board Claims for reimbursement of medical expenses shall be considered by the Disability Board on each month’s Agenda after the Disability Board Clerk determines that the claim is complete and contains required documentation. When considering approval of the claim the Disability Board shall consider: a. Is the claim for a covered expense as detailed in section 7 of this policy? Claims for medical expenses that are not covered may be considered at the discretion of the Disability Board. b. Is the expense medically necessary and prescribed according to the requirements of this policy? The Disability Board may examine the entire claim, or any portion thereof. c. Are the charges reasonable and/or within the maximums allowed by this policy? d. Was the expense caused by abuse and/or dissipation? e. Has the expense been paid or is it approved to be paid or reimbursed by another third party? Medical expenses reimbursed by another source, including but not limited to insurance (whether member’s or spouses, supplemental, elective, or any other), private party other than the member, settlement or judgment, etc. are not eligible for reimbursement. Claims will automatically be approved on each monthly agenda by Board Members unless a Board Member notifies the Board Clerk that they object to payment of a claim by the 20th of that month. In which case, the claim will be postponed for payment until reviewed by the Board at their next scheduled quarterly meeting. 6.7 Expenses Caused by Abuse or Dissipation-Denial and Remedy The Disability Board may deny claims when, in their determination, expenses were caused by abuse and/or dissipation. Such abuse includes, but is not limited to, failure of the member to follow a treatment plan prescribed by a practitioner, or; abuse of drugs and/or alcohol, including prescription drugs. When the Disability Board determines that abuse/dissipation is the cause of medical expenses, the Board may require the member to undergo evaluation and/or examination by a physician of the Disability Board’s choosing and to complete a recovery and/or treatment plan prior to approving further medical claims. 6.8 Appearance of Member may be Required October 15, 2024 G - 58 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 10 When considering any claim for medical expenses, disability leave, or disability retirement, the Disability Board shall be authorized to demand the appearance of the member and to request the appearance of any other persons as it deems appropriate. 7 ELIGIBLE MEDICAL EXPENSES/MEDICAL SERVICES 7.1 Reimbursable Medical Services Medical services are defined in RCW 41.26.030 (22) as the minimum services legally required to be furnished or authorized by the Disability Board. Whenever any active or retired member subject to the jurisdiction of the Disability Board and who is covered under the provisions of RCW 41.26.150, sick or disabled, not caused by dissipation or abuse, of which the Disability Board shall be judge, is confined in any hospital or in his/her home, and whether or not so confined, requires medical services, the employer shall reimburse reasonable charges for the active or retired employee (excluding spouses or survivors) for those necessary medical services listed below, which are not payable from some other source as provided in section 6.7 of this policy. a. Hospital Expenses - Room and board not to exceed semi-private room rate unless a private room is required by the attending physician due to the condition of the patient. Other necessary hospital services furnished by the hospital except non-essential personal items. b. Professional Medical Expenses Including Fees of: • Physician or surgeon licensed under the provisions of RCW 18.71. • Osteopath licensed under the provisions of RCW 18.57. c. An optometrist licensed under the provisions of RCW 18.53. d. A Chiropractor licensed according to the provisions of RCW 18.25. e. A registered graduate nurse other than a nurse who ordinarily resides in the member’s home or is a member of the family of either the member or the member’s spouse. Continuous care beyond 45 days must be approved in advance by the Disability Board or with written approval by the attending physician. Reimbursement for qualified nursing care provided by member’s relatives will be evaluated on a case-by-case basis. f. A psychiatrist or psychologist licensed under the provisions of RCW 18.83. At Disability Board discretion an evaluation from the attending practitioner may be required to determine the appropriateness of such services or the length of services. Practitioners licensed in other states or countries are also eligible for reimbursement. 7.2 Other Reimbursable Medical Services a. Drugs and medicines prescribed by a physician. The name and RX number (if available) of the drug, and the date of purchase must be provided. Quantities of October 15, 2024 G - 59 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 11 Viagra or other drugs for the same purpose are limited to six (6) doses per month. b.Medical supplies ordered or prescribed by a physician. c.Vaccinations. d.Diagnostic, x-ray, and laboratory services. e.X-ray, radium, and radioactive isotopes therapy. f.Anesthesia and oxygen. g.Purchase or rental of durable medical/surgical equipment, apparatus, supplies, appliances, and orthodics. Covered items are: •Able to stand repeated use (except certain consumable medical supplies). •Primarily and customarily used to serve a medical purpose, but generally not useful to a person in the absence of illness or injury. •Ordered and/or prescribed by a physician for the patient's exclusive use such as oxygen and rental equipment for its administration, surgical dressings, casts, splints, braces, trusses and crutches, pacemakers, blood glucose monitors and (up to the purchase price) hospital beds, wheelchairs and respirators. •Durable medical equipment does not include modifications to vehicles or residences, exercise equipment, ergonomic chairs or hot tubs. •The Disability Board may require lease or rental purchase of any equipment as well as requiring price quotes prior to the purchase of equipment. h.Professional ambulance service when medically necessary and used to transport the member to or from a hospital or other medical facility. Other transportation expenses will be considered only if such transportation is to a medical facility more than 200 miles from the member’s home, is found to be medically necessary, and is pre-approved by the Disability Board. i.Dental Care: •Eligible Services – The following dental services are eligible for reimbursement. Additional services or frequency of services are eligible only if found to be medically necessary on an individual basis. o Charges incurred by a member who sustains an accidental injury to teeth or dentures and who commences treatment by a legally licensed physician, dentist, or dental surgeon within 90 days of the accident. o One (1) dental cleaning and fluoride treatment per calendar year. o One (1) general dental checkup per calendar year, to include x-rays. o Up to an additional $1,500 every two calendar years for routine dental and periodontal work including but not limited to filling of cavities, root canals, crowns, bridges, caps, dentures, tooth extraction, etc. (gold work is not eligible unless determined to be medically necessary).The two year period is considered to begin on 1 January of each even numbered year, effective January 1, 2010. October 15, 2024 G - 60 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 12 • Non-Eligible Services o Orthodontic services unless documented, through medical/dental examination, that there is a direct relationship to an identifiable physical/medical disorder requiring necessary medical treatment. In this case, pre-approval is required. o Teeth whitening. o Cosmetic dental services unless determined to be medically necessary and pre-approved by the Disability Board. j. Long term care in accordance with section 7.5 of this policy. k. Physical and massage therapy by a licensed physical or massage therapist when prescribed by a physician. A physician’s treatment plan must be submitted for continuous care in excess of 45 days. l. Blood transfusions including the cost of blood and plasma not replaced by voluntary donors. m. Services to correct or improve vision performed or prescribed by an optometrist or ophthalmologist as described below: • Correcting lenses, glasses, or contacts to a maximum of $500 every 2 years. Additional reimbursement for breakage or loss will be reviewed on a case by case basis. The 2-year period is considered to begin on 1 January of each even numbered year. • Refractive or laser surgery to improve eyesight, determined by an ophthalmologist to be medically necessary. • One eye exam per calendar year shall be paid in full. n. Treatment and/or surgery for other eye disorders including but not limited to glaucoma, cataracts, macular degeneration, tear ducts, etc. o. Birth control procedures and prescriptions when attending physician provides written evidence such procedures and/or prescriptions are medically necessary for the member’s health. Reversals of birth control procedures are not covered. p. Hearing examinations. Hearing aides prescribed by a physician or certified hearing specialist to the following maximums: • $1,600 per ear within a 36-month period for basic amplifier hearing aid. • $2,600 per ear for digitally programmable analog hearing aids within a 5-year period. • $2,800 per ear for programmable digital hearing aids within a 5-year period. • Batteries and repair as necessary. • The Disability Board may replace broken and un-repairable hearing aids as necessary. q. Chemical dependency treatment if prescribed by a physician, psychiatrist, or licensed psychologist, confirmed by the Disability Board physician. Pre-approval by the Disability Board is required. One course of treatment shall not exceed a maximum of $6,000. Requires written confirmation that member successfully completed program. The Disability Board reserves the right to determine the appropriateness of out-of-state treatment when there is medical evidence to October 15, 2024 G - 61 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 13 show that a service provider in the State of Washington can render the prescribed treatment. r. Acupuncture, naturopathic care, and/or non-Rx treatment such as herbal care when approved by a licensed physician and determined to be medically necessary. s. Part B Medicare supplement. Other medical services not listed in this section as approved by the Disability Board. Limitations on maximum allowances for services provided under this section shall be reviewed and, if necessary, adjusted at least bi-annually. 7.3 Additional Examination may be Required The Disability Board may require, at its discretion, additional examinations necessary to gather additional information, clarify medically necessary services, or for any other purpose in regards to any claim. Examination may be by the Disability Board physician or other practitioner as determined by the Disability Board. Payment for any such examination shall be made by the jurisdiction responsible for the member. 7.4 Pre-Approval Required for Certain Expenses Members must obtain pre-approval for certain expenses. When pre-approval is required, requests shall be made on form(s) prescribed by the Disability Board. Services/expenses requiring pre-approval are: a. Purchase of durable equipment expected to cost over $1,000. b. Long term care, except that, if a member is assigned to long term medical care on short notice (i.e. for recovery from a surgical procedure upon release from the hospital) the member will apply for pre-approval as soon as possible after admission. c. Hospice Care, unless immediate and unanticipated. 7.5 Long Term Medical Care Requests for long-term care shall be submitted on forms prescribed by the Disability Board. They shall include a detailed report of diagnosis, medical history, prognosis for recovery, and treatment /care services that are medically necessary. For assisted living, reimbursement shall be for a studio, if available. For nursing home care, reimbursement shall be for a semi-private room, if available. Additional costs for room upgrades are the responsibility of the member. Excess charges beyond those included in the base rate that are non-medical in nature will not be reimbursed unless certified as medically necessary by a physician. October 15, 2024 G - 62 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 14 The latest annual Genworth Cost of Care Survey of either assisted living costs or nursing and home care costs as appropriate shall be used to determine maximum reimbursement. Maximum reimbursement shall be 120 percent of the survey average for the area in which the member resides. Genworth assisted living averages are considered to be for level 2 care. The survey average will be reduced by 12 percent for members receiving level 1 care. The survey average will be increased by 23 percent for members receiving level 3 care. The Disability Board shall obtain additional examination by the Disability Board appointed physician for any long-term care where the expected recovery time exceeds 6 months. Payment for such examination shall be made by the jurisdiction responsible for the member. Recertification of medical necessity may be required every 6 months. In home care or assisted living is considered to be preferable to nursing home care when appropriate. However, the level of care will normally be determined by the attending physician. The facility must have obtained and remain current on Adult Family, Boarding Home, or Nursing Home license from the State of Washington. If the facility is located outside the State of Washington, it shall be the responsibility of the member to provide documentary evidence that the facility is licensed in the state or country where the facility is located and that the licensing requirements are similar, equal to or greater than those required by the State of Washington. Detailed itemized statements or billings must be submitted for reimbursement. Payment by other insurance coverage, including Medicare and private nursing home insurance, are primary to this benefit. 7.6 Hospice Care Benefits will be provided for hospice care for a terminally ill member under the following conditions: a. Member is admitted to a DSHS-certified, Medicare-approved, or other approved program. b. Care provided is part of a written plan of continuous care, prescribed and periodically reviewed by a physician. 8 DISABILITY LEAVE Any member who is not able to work due to a disabling injury or illness may receive disability leave in accordance with the following conditions. October 15, 2024 G - 63 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 15 8.1 Application Application for disability leave shall be made on form(s) prescribed by the Disability Board. The application is not considered complete unless properly completed and accompanied by required documentation. Documentation shall include, as a minimum, a detailed report, completed by the primary physician treating the illness or injury, of diagnosis, medical history, the duties that the member cannot perform, prognosis for recovery, and expected date the member can return to duty. Each application shall also be accompanied by a list identifying, by name, any physician who has been contacted within the last 6 months for the illness or injury for which a disability is claimed. 8.2 Consideration Following receipt of a completed application for disability leave, the Disability Board shall review all relevant information pertaining to the question of the applicant’s fitness for duty. If, in the opinion of the majority of the Disability Board, the evidence supports the proposition that the member is unfit for duty, such member shall be granted disability leave unless such leave is waived pursuant to RCW 41.26.120 (4). In considering the application, the Disability Board shall consider the duties of the position and any other evidence that is relevant. The Disability Board may grant leave, at its discretion, retroactively to the date of discontinuance of service. 8.3 Burden of Proof The burden of proving the existence of a disabling condition, and whether or not the condition was incurred in the line of duty, shall be upon the applicant. 8.4 Standards Department of Retirement System standards for entry or re-entry into LEOFF system membership were provided only to safeguard the fiscal integrity of the pension system and are not the applicable standards for any other purpose. 8.5 Additional Examination May be Required The Disability Board may specify, by written order, that a member will submit to additional medical evaluations deemed necessary to evidence fitness for duty. The Disability Board may also require medical evaluations when such member requests return authorization from a disability leave. It is the member’s obligation to provide additional information by the deadline given when such information is requested to be provided. October 15, 2024 G - 64 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 16 8.6 Doctor-Patient Privilege According to RCW 41.26.115 and WAC 415-105-030 it shall be incumbent upon each member obtaining medical evaluations to be used in connection with such disability leave and subsequent evaluations to advise each and every examining physician that such evaluation is being conducted at the direction of the Disability Board, that any reports relating thereto are for the benefit of the Disability Board, that the doctor-patient privilege may not be invoked with respect thereto, and that the physician may be called upon by the Disability Board to testify as to his/her findings. 8.7 Temporary Approval The Disability Board shall appoint a designee from its members to temporarily approve requests for disability leave, subject to subsequent ratification by the Disability Board at the next scheduled Disability Board meeting. The LEOFF 1 member requesting the leave must provide all required forms and necessary information to the Clerk of the Disability Board (or any Disability Board member if the Clerk is not available) including the effective date and reason for disability leave. When the Clerk has been provided the required information, she shall then contact the designated Disability Board member for temporary approval. If the designated member is not available, the Clerk shall contact any other member of the Disability Board for such approval. Upon review of the application and accompanying documentation by the Disability Board at the next scheduled meeting, the temporary approval shall be ratified or denied. 8.8 Notification of Decision Following approval or denial of a disability leave application by the Disability Board, the Clerk shall notify the applicant and the city in writing of such action. 8.9 Authorization to Return to Duty It is the responsibility of the member to return to duty as soon as possible. Return to duty shall be authorized by the attending physician on form(s) established by the Disability Board. Return to duty may be temporarily authorized by the Clerk of the Disability Board and ratified at the next regular meeting of the Disability Board if proper documentation is submitted between regular meetings. 8.10 Conditional Return to Duty If the Disability Board finds the medical evidence to be inconclusive, the Disability Board may specify in written order, on a case-by-case basis, a reasonable trial work period to determine the member’s fitness for active duty. Such a conditional return to service October 15, 2024 G - 65 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 17 does not entitle the member to a second 6-month period of disability leave for the same disability if, based upon this period of service, he/she is found to still be disabled. Any return to work, following an absence of 14 working days or more, without approval of the Disability Board shall be automatically deemed a conditional return for a 2-month period. 8.11 Extending Conditional Return Period The Disability Board may vote to extend a member’s conditional return to work trial period for an additional 30 days if, through supportive medical evidence and supporting information from the member’s supervisor it appears that the member is not fully recovered from his disabling condition. In addition, the member must not have discontinued his/her original conditional return-to-work trial period. 8.12 Disability Leave Allowance Disability leave allowance is not granted for any specific amount of time. Such leave may encompass a period of one day to a maximum of 6 months. During this time the member is to receive an allowance equal to his/her full monthly salary from the city. 8.13 Recuperation It is the intent of the Disability Board to assure that a member, while on disability leave, shall do all in his/her power to recuperate from such disability and shall do nothing that would reasonably appear to prolong the leave or inhibit recovery from such disability. Failure to comply with treatment plans or direction of the Disability Board will constitute grounds for cancellation of the disability leave. Should the Disability Board want to contact the member regarding matters concerning disability leave, the member’s place of recuperation will be assumed to be his/her home or a hospital in which the member may be confined. If it is necessary for the member to be at any other place for more than 24 hours, it is the member’s responsibility to notify the Clerk (or any Disability Board member if the Clerk is not available) of his/her location. For travel outside the County in excess of 24 hours during a physical related disability, a physician’s recommendation may be required, at the discretion of the Disability Board Clerk, prior to such travel. October 15, 2024 G - 66 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 18 8.14 Member Responsibilities during Disability Leave The member shall fulfill all of his/her obligations during disability leave in accordance with the following policies and procedures: (1) Treatments During the period of leave, the Disability Board shall have the authority to inquire of any examining physician as to what physical, medical, or therapeutic treatments might be employed to rehabilitate the member and, based upon such evaluation, to direct the member to participate in a reasonable rehabilitation program. If the member fails or refuses to submit to such treatment, the Disability Board may terminate the member’s disability benefits. (2) Medical Reports The Disability Board, at its discretion, may require written progress reports from the member’s physician stating the medical condition of the member and an anticipated date of return to duty. (3) Return to Duty It shall be the responsibility of each member granted disability leave to seek authorization to return to active service at the earliest possible time the member believes he/she is fit for duty. In the event the Disability Board finds that a member has not actively sought authorization to return to active service immediately upon cessation of disability, the Disability Board may retroactively cancel the member’s disability allowance for the period in question. (4) Jurisdiction Any member on disability leave is under the jurisdiction of the Disability Board for all matters pertaining to his/her disability, and shall not engage in any activity which is contrary to the directives of the member’s doctor or Disability Board physician or that might be detrimental to his/her return to active duty. The Disability Board has authority to, and may at any time in any case, request an investigation to be made of the activities of any active member on disability leave or any member retired due to a disability to determine whether the disability continues to exist, and may request such investigation as may be appropriate. October 15, 2024 G - 67 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 19 9 DISABILITY RETIREMENT Members who have a disability that is determined to continue for more than 6 months may apply for disability retirement. 9.1 Application Application for disability retirement shall be made on form(s) prescribed by the Disability Board. The application is not considered complete unless properly completed and accompanied by required documentation. Documentation shall include, as a minimum, a detailed report, completed by the primary physician treating the illness or injury, of diagnosis, medical history, the duties that the member cannot perform, prognosis for recovery, and whether the member is expected to be able to return to duty, and if so, on what date. Each application shall also be accompanied by a list identifying, by name, any physician who had been contacted within the last 6 months for the illness or injury for which a disability is claimed. The completed application form shall be accompanied by the Physician’s Report, the Supervisor’s Report, and any other evidence that the member wishes the Disability Board to consider including the duty/non-duty relationship to the disability retirement. 9.2 Examination Members applying for disability retirement shall be examined during the 5th or 6th month of disability leave in order to determine their eligibility for disability retirement, with the following exceptions: a.The Disability Board doctor assures the Disability Board that the member’s condition has not and will not be corrected before the end of the 6th month. b.The applicant establishes that the disabling condition will be in existence for a period of at least 6 months and he/she voluntarily waives disability leave. No member will be granted disability retirement allowance unless the conditions imposed by this subsection are met. 9.3 Conditional Return/Trial Service Period If the Disability Board finds the medical evidence to be inconclusive, the Disability Board may specify in written order, a reasonable trial work period to determine the member’s fitness for duty. Such a conditional return to service does not entitle the member to a second 6-month disability leave for the same disability if, based upon this period of service, the member is found to still be disabled. October 15, 2024 G - 68 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 20 9.4 Granting Disability Retirement If the evidence shows to the satisfaction of the Disability Board that the member is physically or mentally disabled from further performance of duty and that the disability has been continuous from the date of commencement of disability leave for a period of 6 months, the Disability Board shall enter its written decision and order accompanied by appropriate findings of fact and conclusions of law in compliance with RCW 41.26.120. Such written decision and order with supporting documentation shall thereafter be forwarded to the State Department of Retirement Systems. 9.5 Duty/Non-Duty Status As part of the consideration of any application for disability retirement, the Disability Board must determine whether the retirement request is duty related or non-duty related. 9.6 Early Retirement In the event a regular meeting of the Disability Board precedes the date at which the full 6 months will conclude by no more than 40 days and the evidence is clear that the disability is expected to continue through the full 6-month period, the Disability Board may make a finding of 6 months continuous disability prior to the actual conclusion of the 6-month period, so as to eliminate unnecessary delay of receipt of retirement benefits. 9.7 Standard/Burden of Proof In order to qualify to receive a disability retirement allowance, the member shall be required to prove that he/she is physically or mentally disabled to such extent that he/she is unable to discharge with average efficiency the duties of the position held at the time of discontinuance of service. No member shall be entitled to a disability retirement allowance if the appropriate authority advises that there is a position available for which the member is qualified and to which one of such grade or rank is normally assigned if the Disability Board determines that the member is capable of discharging, with average efficiency, the duties of that position. These provisions do not apply to disability leave status. October 15, 2024 G - 69 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 21 9.8 Contents of Decision Every order of the Disability Board granting or denying a disability retirement allowance shall contain the following information presented in clear and concise terms: a.Findings of Fact supported by evidence in the record supporting the granting or denying of the disability retirement allowance. When a disability retirement is granted, the Findings of Fact shall include: (1)Duty/Non-Duty status of disability. (2)Whether disability was incurred in other employment. (3)Dates encompassing disability leave and/or dates relating to an authorized trial return to duty; and, in the case of a trial return, the factual basis for the decision. (4)Dates encompassing waiver of disability leave, if applicable; and evidence that disability will exist for 6-month period. b.Conclusions of law that are drawn in accordance with the law as related to the facts in the case. c.Disposition 9.9 Notification of Decision A copy of the decision shall be mailed or served to the applicant, the employer, and the Department of Retirement Systems. If the Disability Board denies the disability retirement or cancels a previously granted disability retirement, the applicant shall be notified immediately and advised of the right to appeal the decision or order to the Director of the Department of Retirement Systems, pursuant to RCW 41.26.200. Such notification shall be in writing and served by personal service or mail; or provided, that written notice need not be given if the member or his/her duly authorized representative is in attendance at the meeting or hearing and is advised of the decision and right of appeal. 9.10 Post Retirement Re-Examination In the event a member is placed on disability retirement, the Disability Board shall determine whether or not the member is so disabled that no possibility exists for return to duty or that there is no possibility that rehabilitation could restore the member to fitness for duty. Further, the Disability Board may, at any point subsequent to retirement, make such a determination. A copy of such determinations shall be sent to the Department of Retirement Systems. Any re-examination under this section shall include an evaluation of treatment available that may be employed to rehabilitate the member. Based upon such evaluation, the October 15, 2024 G - 70 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 22 Disability Board may direct the member to participate in a reasonable rehabilitation program. (1)Re-Examination Evaluation The Clerk shall require each member under 49.5 years of age placed on disability retirement, and not determined to be permanently so disabled, to complete a Re-Examination Evaluation Form approximately every 6 months. The responses shall be provided to the Disability Board doctor who shall advise the Disability Board as to whether re-examination might be beneficial. If the Disability Board determines that a re-examination should be conducted, it shall so be ordered. (2)Re-Examination of Members Residing 100 Miles Away If a member ordered to be re-examined is residing at a location more than 100 miles from the city, the member may be authorized to be examined by a physician in his/her immediate area provided, however, that the physician shall first be approved by the Disability Board and that prior to the examination the physician shall be informed as to the basis on which the examination is to be conducted and the issues to be addressed in the physician’s evaluation report. (3)Failure to Respond Failure to affirmatively respond to the request for re-examination shall be deemed a continued refusal. The retirement allowance of any member who fails to submit to medical re-examination as provided for in this subsection shall be discontinued. In the event that such refusal continues for one year, the member’s disability retirement allowance shall be canceled. 9.11 Re-Entry from Retirement In the event that re-examination discloses fitness to perform duties of the rank held by the member at the time of disability retirement, the member shall be brought before the Disability Board for hearing and further consideration of the matter prior to actual cancellation of the disability retirement allowance unless the retiree waives such hearing. Notice of such proceedings and the hearing shall comply with the requirements of RCW 34.04. 10 APPEALS Members aggrieved by any order, determination, or denial of benefits shall have the right to appeal such order, determination, or denial. 10.1 Denial of Disability Leave or Disability Retirement October 15, 2024 G - 71 City of Port Angeles Administrative Manual Issue Date: 20 April 2005 as Clallam County Disability Board City of Port Angeles Disability Board Revised: 7/20/2005; 8/16/2005; 4/19/2006; 6/21/2006; 7/21/2009; 1/15/2013; 10/21/2014 Established as City of Port Angeles Disability Board 10/2024 Page – 23 Any person feeling aggrieved by any order or determination of the Disability Board denying disability leave or disability retirement or canceling a previously granted disability retirement allowance shall have the right to appeal to the State Retirement Board as provided for in RCW 41.26.200, .211, and .221. 10.2 Appeal of Decision on Claim for Medical Services Any person or employing agency feeling aggrieved by any decision on payment of a claim for medical services by the Disability Board shall have the right to request the Disability Board to reconsider its decision. The request for reconsideration must be filed, in writing, with the Clerk of the Disability Board within 30 days of the date of the decision on the claim by the Disability Board. The Disability Board may grant or deny the request for reconsideration, at its discretion, after review of the written request for reconsideration. (1)Reconsideration of Decision The Disability Board, upon agreement to reconsider a decision on a medical claim, shall set a date and time for a hearing at which time the member and the employing agency may present such evidence deemed relevant to the claim. The Disability Board shall either sustain or reverse its original decision within 15 working days of the hearing and shall support such decision with findings of facts and conclusions. (2)Acceptance of Service of Judicial Process The Disability Board Clerk is authorized to accept service of judicial process on behalf of the Disability Board provided that such process does not include any complaint or prayer for money damages against the Disability Board or any individual member thereof. 11.RECORDS The Disability Board Clerk shall be responsible for maintaining the records of the Disability Board including minutes of regular and special meetings, elections of Disability Board representatives, claims, and evidence submitted for payment, correspondence, and membership lists. Disclosure of Disability Board records is reserved according to the Open Public Records Act and requirements of HIPAA. October 15, 2024 G - 72 Date: October 15, 2024 To: City Council From: Scott Curtin, Director of Public Works & Utilities Subject: Professional Services Agreement Award PSA-2024-25 - Pavement Management Plan Background / Analysis: The City has a road network of over 310 lane miles, the condition of which was last comprehensively assessed in 2016. The 2016 effort included a condition assessment but did not include the development of detailed pavement treatment or funding strategies to address identified maintenance needs of the roadway network. The Pavement Management Plan project will provide updated data on the overall condition of the street network, highlight the impacts of various funding levels on future pavement condition, and determine the effects of deferred maintenance funding shortfalls. The roads in the City are currently rated at a PCI of 32 on a scale between 100 (very good) and 0 (failed). A comprehensive preventative maintenance program is a critical component of this plan, as maintenance treatments extend the life of good pavements at a much lower cost than overlay and reconstruction treatments. The intent of the project is to develop a maintenance strategy that will improve the overall condition of the street network to a serviceable range and to maintain it at that level. The completion of the PCI survey and update to the StreetSaver subscription database and GIS database require specialized equipment and knowledge, necessitating consultant support. The arterial road network consists of streets constructed at different times with various layers of materials, the thicknesses of which are often unknown. The use of Ground Penetrating Radar (GPR) provides a non- destructive option for determining what materials are present within a pavement section and the thicknesses of those materials. This information will assist City staff in identifying causes of failure on substandard roadways, options available for rehabilitation or reclamation, and avoid potential costs on priority projects. Summary: The purpose of this memo is to receive City Council approval to award a Professional Services Agreement to Applied Research Associates, Inc., of Austin, TX for the development of a Pavement Management Plan for an amount not to exceed $167,700.00, including applicable tax. This project will provide a semi-automated Pavement Condition Index (PCI) survey, an update to the City’s StreetSaver subscription database and GIS database, and a pavement management plan report intended to assist the City of Port Angeles with identifying street maintenance funding and priorities. Funding: Funding is available in the approved 2025-2030 Capital Facilities Plan for project TR0121 Pavement Management Plan in the amount of $200,000.00. Recommendation: Award a Professional Services Agreement to Applied Research Associates, Inc. of Austin, TX in the not to exceed amount of $167,700.00, including tax, and authorize the City Manager to execute all contract-related documents, to administer the contract, and to make minor modifications as necessary. October 15, 2024 J - 1 In July 2024, the City of Port Angeles advertised a Request for Qualifications, to which there were two respondents. In evaluating the statement of qualifications, Applied Research Associates, Inc. (ARA) was determined to be the most qualified. Engineering staff worked with ARA to develop a detailed scope of work and negotiate a maximum not-to-exceed contract amount of $167,700.00 based on the anticipated tasks outlined in the table below. Summary of tasks and fees for the Pavement Management Plan: Task No. Description Task Budgets 1 Project Management, Site Visit and Kick-Off $7,400 2 StreetSaver & GIS Inventory $5,400 3 Automated PCI Survey $42,200 4 Distress Rating and QA/QC $12,200 5 StreetSaver Update $2,500 6 StreetSaver Analysis and Pavement Management Plan $22,300 7 StreetSaver Training $2,500 8 Consultant Support for Council Briefings $3,500 9 2D GPR and Analysis for Arterials and Collectors $69,700 TOTAL CONTRACT AMOUNT $167,700 Funding Overview: Funds are available in the approved 2025-2030 Capital Facilities Plan in the amount of $200,000.00 for project TR0121 Pavement Management Plan. The task budgets are estimates; the City will be invoiced only for work that is actually performed. October 15, 2024 J - 2 Page 1 of 13 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF PORT ANGELES AND APPLIED RESEARCH ASSOCITES, INC. PSA-2024-25 RELATING TO: TR0121 - PAVEMENT MANAGEMENT PLAN THIS AGREEMENT is made and entered into, by and between THE CITY OF PORT ANGELES, a non-charter code city and municipal corporation of the State of Washington, (hereinafter called the "CITY") and APPLIED RESEARCH ASSOCIATES, INC., a New Mexico Corporation authorized to do business in Washington (hereinafter called the "CONSULTANT"). WHEREAS, the CITY desires engineering and consulting assistance related to a semi- automated Pavement Condition Index (PCI) survey, an update the City’s StreetSaver subscription database and GIS database, and a pavement management plan report ; and WHEREAS, the CITY desires to engage the professional services and assistance of a qualified engineering firm to perform the Scope of Services as detailed in Exhibit A; and WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform the work requested by the CITY in accordance with the standards of the profession; and WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of Washington for professional registration and/or other applicable requirements; and WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary to accomplish the work; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: I SCOPE OF SERVICES General Scope The CONSULTANT will accomplish the work as described in the Scope of Services attached in Exhibit A. The CITY may review the CONSULTANT'S services, and if they do not meet the Professional Standard of Care the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra Work" as related in Section XII of this Agreement. Any changes made necessary due to causes outside the CONSULTANT’S reasonable control shall be provided as an extra work herein. The CONSULTANT agrees that all services performed under this Agreement shall be in October 15, 2024 J - 3 Page 2 of 13 accordance with the standards of the engineering profession for similar services on similar projects of like size and nature and in compliance with applicable federal, state, and local laws existing at the time the services are performed. The Scope of Services may be amended upon written approval of both parties. II OWNERSHIP OF DOCUMENTS Upon completion of the work, all written and electronic documents, exhibits, CAD files, project plans, engineering reports, or other presentations of the work directed by the CITY in Exhibit A with the exception of those standard details and specifications regularly used by the CONSULTANT in its normal course of business shall upon payment of all amounts rightfully owed by the CITY to the CONSULTANT herein become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration of the documents, by the CITY or by others acting through or on behalf of the CITY, will be at the CITY's sole risk. III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon execution of this Agreement by both parties and written direction to proceed from CITY and the duration of the Agreement shall extend through March 31, 2025. V PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment, and incidentals necessary to complete the work. A. Payment shall be on the basis of the CONSULTANT'S percent completion for tasks as set forth in Exhibit B. B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall be accompanied by a progress report which details the specific activities related to tasks or subtasks completed within the billing period along with supporting documentation; shall include photographic documentation for field work; shall indicate the percentage completed for each specific task or activity in the Scope of Service for which the CONSULTANT is billing; and shall indicate the cumulative percentage for each task. C. The CITY shall review the invoices and make payment for the percentage of the project that has been completed less the amounts previously paid. October 15, 2024 J - 4 Page 3 of 13 D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. E. Final payment for the balance due to the CONSULTANT will be made after the completion of the work and acceptance by the CITY. F. Payment for "Extra Work" performed under Section XII of this Agreement shall be as agreed to by the parties in writing. G. No work shall be performed nor payment made for Tasks noted as “Optional” without prior written authorization from the City of Port Angeles. VI MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation and reimbursement under this Agreement, including labor, direct non-salary reimbursable costs and outside services, shall not exceed the maximum sum of $167,700. The budget for each task is as set forth in the attached Exhibit A. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed $167,700. Should the CITY opt not to authorize Tasks noted as “Optional”, no payment shall be made for those tasks and the maximum payable amount to the CONSULTANT will be reduced accordingly. VII INDEPENDENT CONTRACTOR STATUS The relation created by this Agreement is that of owner-independent contractor. The CONSULTANT is not an employee of the CITY and is not entitled to the benefits provided by the CITY to its employees. The CONSULTANT, as an independent contractor, has the authority to control and direct the performance within the Scope of Service. The CONSULTANT shall assume full responsibility for payment of all federal, state, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. VIII EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY October 15, 2024 J - 5 Page 4 of 13 employee without the CITY's written consent. CONSULTANT shall not accept any employment or perform any services where there is, or reasonably could arise, a conflict between the interests of the CITY and the interests of any of CONSULTANT’S other clients. IX NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non- discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular: A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action requirem ents; and, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. X SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, including procurement of materials and equipment, each potential sub-consultant or supplier shall be notified by the CONSULTANT of CONSULTANT's obligations under this Agreement, including the nondiscrimination requirements. XI CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the Scope of Services. Such changes shall not become part of this Agreement unless and until mutually agreed upon and incorporated herein by written amendments to this Agreement executed by both parties. XII EXTRA WORK The CITY may desire to have the CONSULTANT perform work or render services in connection with this Agreement, in addition to the Scope of Services set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written supplement to this Agreement. The CITY shall not October 15, 2024 J - 6 Page 5 of 13 be responsible for paying for such extra work unless and until the written supplement is executed by both parties. XIII TERMINATION OF AGREEMENT A. The CITY may terminate this Agreement at any time, with or without cause, upon not less than ten (10) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the CONSULTANT's designated representative at the address provided by the CONSULTANT. As a condition precedent to termination with cause the CONSULTANT shall be given the notice period to cure such cause and shall have failed to so cure. B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the work completed. C. In the event this Agreement is terminated prior to completion of the work, documents that are the property of the CITY pursuant to Section II above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. XIV FORCE MAJEURE A. Definition. For the purposes of this Agreement, “Force Majeure” means an event which is beyond the reasonable control of a Party including, but not limited to (1) strikes, lockouts, work slowdowns or stoppages, or accidents, (2) acts of God, and/or (3) delay caused by an act or omission of the other Party, and which makes a Party’s performance of its obligations under the Agreement impossible or so impractical as to be considered impossible under the circumstances B. No Breach of Agreement. The failure of a Party to fulfill any of its obligations under the Agreement shall not be considered to be a breach of, or default under, this Agreement insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Agreement, and has informed the other Party as soon as possible about the occurrence of such an event. C. Extension of Time. Any period within which a Party shall, pursuant to this Agreement, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure. XV INDEMNIFICATION/HOLD HARMLESS CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. However, should a court of competent jurisdiction determine that this Agreement is subject to October 15, 2024 J - 7 Page 6 of 13 RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT, the CITY, and the officers, officials, employees, and volunteers of either, the CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANT'S waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. XVI INSURANCE The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agen ts, representatives or employees. No Limitation. CONSULTANT’S maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY’S recourse to any remedy available at law or in equity. A. MINIMUM SCOPE OF INSURANCE Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01. 2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap, independent contractors and personal injury and advertising injury. The CITY shall be named as an additional insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the CITY using as additional insured endorsement at least as broad as ISO endorsement CG 20 26 . 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. MINIMUM AMOUNTS OF INSURANCE Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. October 15, 2024 J - 8 Page 7 of 13 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. OTHER INSURANCE PROVISION The CONSULTANT’S Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the CITY. Any Insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT’S insurance and shall not contribute with it. D. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. VERIFICATION OF COVERAGE CONSULTANT shall furnish the CITY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. F. NOTICE OF CANCELLATION The CONSULTANT shall provide the CITY with written notice of any policy cancellation, within two business days of their receipt of such notice. G. FAILURE TO MAINTAIN INSURANCE Failure on the part of the CONSULTANT to maintain the insurance as required shall constitute a material breach of contract, upon which the CITY may, after giving five business days notice to the CONSULTANT to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the CITY on demand, or at the sole discretion of the CITY, offset against funds due the CONSULTANT from the CITY. H. CITY FULL AVAILABILITY OF CONSULTANT LIMITS If the CONSULTANT maintains higher insurance limits than the minimums shown above, the CITY shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the CONSULTANT, irrespective of whether such limits maintained by the CONSULTANT are greater than those required by this Agreement or whether any certificate of insurance furnished to the CITY evidences limits of liability lower than those maintained by the CONSULTANT. XVII APPLICABLE LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County. October 15, 2024 J - 9 Page 8 of 13 XVIII CONFLICTS In the event there is any conflict between the terms and conditions contained in this AGREEMENT and the terms and conditions contained in Exhibit A or in any other document that is incorporated into or made a part of the contract between the CONSULTANT and the CITY, the terms and conditions of this AGREEMENT shall control. XIX SUBMITTALS AND DOCUMENT CONTROL The CITY reserves the right to utilize an online cloud-based project management system. Virtual Project Manager (VPM) allows for paperless documentation and project administration. For more information, go to https://www.virtual-pm.com/. XX EXHIBITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Agreement: Exhibit A – Scope of Services Exhibit B – Budget & Consultant Time Plus Expense Rate Schedule This Agreement is effective and binding as of the date for the last signature affixed below. ADVANCED RESEARCH ASSOCIATES, INC. CITY OF PORT ANGELES By: _______________________________________ Printed Name:_______________________________ By: ________________________________________ Printed Name:________________________________ Title: ______________________________________ Title: _______________________________________ Date: ______________________________________ Date: _______________________________________ APPROVED AS TO FORM: BY: ____________________________________ CITY ATTORNEY ATTEST: BY: ____________________________________ CITY CLERK October 15, 2024 J - 10 Page 9 of 13 EXHIBIT A SCOPE OF SERVICES Pavement Management Plan ARA is committed to delivering a comprehensive pavement management plan tailored to the City of Port Angeles' needs. Our approach combines advanced data collection technologies with expert analysis to ensure the City can effectively manage and maintain its roadway network. Below is a summary of the key deliverables and the training we will provide to support the City's goals. The City of Port Angeles network, described in Table 3, consists of 115.5 centerline miles of arterials, collectors, and residential streets, with an additional 40.3 miles of alleys, all of which will be analyzed separately to ensure focused pavement management recommendat ions. In addition, data will be collected on WSDOT roads; however, these roads will be excluded from the analysis and PCI scoring. TABLE 3. CITY OF PORT ANGELES NETWORK BREAKDOWN. Functional Class Number of Lanes Width less than 30 ft Collected in 1 or 2 directions Centerline Miles Lane Miles Arterials 2 Yes 2 13.8 27.7 Collectors 2 Yes 2 31.5 63.0 Residential 2 No 2 52.6 105.1 Residential 2 Yes 1 17.5 17.5 Total without Alleys 115.5 213.4 Other (Alleys) 1 Yes 1 40.3 40.3 Total with Alleys 155.8 253.7 Main Tasks - Project Deliverables: 1. Updated StreetSaver Database: o Comprehensive review and synchronization with the latest GIS data. o Incorporation of new Pavement Condition Index (PCI) data. o Integration of distress ratings, IRI data, maintenance history, and decision trees. o Treatment Cost Update: Updates will include local pricing for all treatments based on City feedback and recent bids. o Treatment Method Adjustments: Include necessary deletions, revisions, and additions to treatment methods. o Costs Updates: Incorporate costs related to ADA and stormwater improvements, based on treatment type and basin location. 2. Pavement Management Plan (PMP) for Roads (115.5 centerline miles/213.4 lane miles): October 15, 2024 J - 11 Page 10 of 13 o Detailed report including methodology, pavement condition statistics, high- resolution image files for all figures for use in presentations, and budget scenario analyses. o Recommendations for pavement repair, preventive maintenance, and rehabilitation strategies. These recommendations will be incorporated into StreetSaver for individual segments, and city staff will be trained on how to locate them. Additionally, a shapefile and KML containing those segments, along with a Microsoft Excel spreadsheet, will be provided. o A recommended 5- and 10-year plan for treating high-priority segments, informed by: 1) Segments that will require a higher level of treatment if not addressed. 2) Planned utility replacement programs. 3) Various funding scenarios. o Discussion of 2018 vs. 2024 Data: A comparison of how pavement conditions have changed from 2018 to 2024, including an analysis of how much was spent on roads and what this indicates about current funding levels. o Budget scenarios including unconstrained, zero budget, maintaining current PCI, and increasing PCI by 5 points. These scenarios will also be developed in StreetSaver for future city use. o The report will include a finance section which includes: 1) Existing and Potential Funding Sources: Identify current funding from local sources such as TBD, REET, and the General Fund, as well as potential grants and other external funding opportunities. 2) Historical Funding Breakdown: Provide an analysis of past funding approaches, highlighting the allocation between maintenance and other transportation projects such as Complete Streets, the ADA Transition Plan, and safety initiatives. 3) Cost-Benefit Analysis of Funding Scenarios: Explore different funding scenarios, including the current situation with $1 million in local funds per year versus a potential increase to $2 million. Analyze the impact of these changes on transportation projects and maintenance and include accompanying figures to illustrate the cost-benefit of each scenario. 4) This section will use supporting graphics to enhance the understanding of each scenario and its implications for funding distribution. 3. Pavement Management Plan (PMP) for Alleys (40.3 centerline miles): o Detailed report including methodology, pavement condition statistics, high- resolution image files for all figures for use in presentations, and budget scenario analyses. o Recommendations for pavement repair, preventive maintenance, and rehabilitation strategies. These recommendations will be incorporated into StreetSaver for individual segments, and city staff will be trained on how to locate them. Additionally, a shapefile and KML containing those segments, along with a Microsoft Excel spreadsheet, will be provided. o A recommended 5- and 10-year plan for treating high-priority segments, informed by: October 15, 2024 J - 12 Page 11 of 13 1) Segments that will require a higher level of treatment if not addressed. 2) Planned utility replacement programs. 3) Various funding scenarios. o Discussion of 2018 vs. 2024 Data: A comparison of how pavement conditions have changed from 2018 to 2024, including an analysis of how much was spent on alleys and what this indicates about current funding levels. o Budget scenarios including unconstrained, zero budget, maintaining current PCI, and increasing PCI by 5 points. These scenarios will also be developed in StreetSaver for future city use. 4. PathWeb Web Platform: o Online access for City personnel to view all collected images and pavement conditions. o Key features include 360° Streetview, GIS integration, point-and-click interface, and no local data storage required. o No licensing or user fees for 3 years, unlimited users. 5. Training Provided: • StreetSaver and GIS Integration: o Training on the updated StreetSaver database, including importing and managing new PCI and IRI data. o Instruction on linking and updating GIS data within StreetSaver. • PathWeb Usage: o Guidance on navigating and utilizing the PathWeb platform for virtual road inspections. • Pavement Management Planning: o Training on developing and interpreting budget scenarios within the PMP. o Instruction on applying maintenance and rehabilitation strategies based on the updated pavement data. Optional Tasks: October 15, 2024 J - 13 Page 12 of 13 Ground penetrating radar: ARA owns a variety of GPR units, including both 2D and 3D systems, which are critical for determining pavement layer thickness (optimal with 2D GPR) and locating underground utilities (optimal with 3D GPR). Our team provides GPR consulting services to agencies nationwide, supporting pavement investigation and design projects. Accurate knowledge of pavement structure is crucial for these projects, as it helps reduce the need for changes during construction and minimizes the number of cores required when as- built plans are unavailable. For this project, data collection will occur across all streets at the network level, while detailed analysis could focus specifically on streets selected for rehabilitation over the next five years. This approach allows the City to prioritize the analysis where it's most needed while still retaining usable data for additional streets that may require attention due to emergency needs. The cost of collecting data for the entire network is only marginally higher than focusing on specific streets, with the primary cost driver being mobilization. The price provided to the City includes analyzing all 156 lane miles by collecting data for the outer lane in one direction. Any increase in lane miles will proportionally increase the cost. At the network level, when using our pavement condition survey, we recommend focusing on streets with PCI scores ranging from 25 to 55 for project-level structural analysis. For testing, we concentrate on the right wheel path of the outside lane for roads, as this typically experiences the heaviest traffic. Streets with higher PCI values often require preservation treatments such as chip seals, slurry seals, or micro- surfacing, while streets with lower PCI values may need reconstruction. In most areas, traffic control is not necessary, unless the city requires it, as data is collected at 40 mph. We utilize a multi-channel digital radar system to collect GPR data along the outside lane of each tested street. This data can support a range of subsurface explorations, including buried utility detection (using 3D GPR). For 2D GPR, the equipment can detect pavement layers thicker than 3 inches to a depth of approximately 2 feet. Data is collected at a one-foot scan interval, and we recommend summarizing it at intervals of 10 to 25 feet. Our analysis emphasizes pavement layer thicknesses in major layers such as asphalt, granular, or bound base and subbase. We use the RADAN 7 software to estimate the dielectric properties of pavement layers, calibrated with core samples, to ensure subsurface consistency across the project. END OF EXHIBIT October 15, 2024 J - 14 Page 13 of 13 EXHIBIT B BUDGET & CONSULTANT TIME PLUS EXPENSE RATE SCHEDULE ARA will provide the services noted in this section of the proposal on a firm fixed price basis. The firm fixed price shall be $94,500. TABLE 1. PROJECT FFP PRICING FOR THE YEAR 2024. Task Task Price Task 1 - Project Management, Site Visit and KO Meeting* $7,400 Task 2 - StreetSaver and GIS Inventory Review/Update $5,400 Task 3 - Automated PCI Surveys (Roadways and Alleys)1 $42,200 Task 4 – 100% Distress Rating and QA/QC2 $12,200 Task 5 - StreetSaver Update $2,500 Task 6 – StreetSaver Analysis and Pavement Management Plan $22,300 Task 7 - StreetSaver Training3 $2,500 Total $94,500 1 As per your request we have included data collection on WSDOT roads in the City. 2 Distress rating and analysis will be performed on all City maintained roads and alleys (i.e. not on WSDOT roads) 3 An in-person project kickoff meeting will be conducted to showcase our equipment and QC procedures, including a half-day of in-person StreetSaver training. A virtual follow-up training session will be provided after project completion to highlight the results and guide City staff on how to use their data. As requested, we have included pricing for the following two tasks as shown in Table 2. TABLE 2 OPTIONAL TASKS Optional Tasks Task Price Task 8 – Consultant support for Council briefings4 $3,500 Task 9.1 – 2D GPR mobilization (2 ways) $13,500 Task 9.2 – 2D GPR data collection without traffic control $33,200 Task 9.3 – GPR data analysis (arterials and collectors)5 $23,000 Sub-total for Optional Tasks $73,200 4 We have included 8 hours each for our project manager and staff engineer for this task 5 To ensure precise calibration of our GPR survey results, ARA will require pavement thickness data. We will provide the City with optimized coring locations, and request that the City perform the coring and supply ARA with the resulting data for further analysis END OF EXHIBIT October 15, 2024 J - 15 Date: October 15, 2024 To: Mayor Dexter, Deputy Mayor Carr, Councilmember Meyer, Councilmember Miller, Councilmember Schromen-Wawrin, Councilmember Schwab, Councilmember Suggs From: Sarina Carrizosa, Finance Director Subject: Monthly Update on Past Due Utility Accounts - September JULY 2024 AUGUST 2024 SEPTEMBER 2024 AMOUNT CHANGE % CHANGE AUG - SEP Number of Customers Past Due 1,305 1,551 1,347 (204) -13.15% Number of Disconnections for Non-payment 5 5 8 3 100.00% 60 days past due amount 127,551.76 258,548.44 174,319.00 (84,229.44) -32.58% 90 days past due amount 133,895.05 85,894.62 135,071.00 49,176.38 57.25% 120 days past due amount 904,058.67 885,476.74 913,214.00 27,737.26 3.13% Total amount past due 1,165,505.48 1,229,919.80 1,222,604.00 (7,315.80) -0.59% Total Additional Payment Plan Agreements 30 29 43 14 48.28% CITY OF PORT ANGELES MONTHLY REPORT ON PAST DUE ACCOUNTS AUGUST - JULY 2024 -40.0% -20.0% 0.0% 20.0% 40.0% 60.0% 80.0% 100.0% - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 60 days past due amount 90 days past due amount 120 days past due amount Total amount past due AUGUST -SEPTEMBER 2024 PAST DUE AMOUNTS JULY 2024 AUGUST 2024 SEPTEMBER 2024 % CHANGE AUG - SEP October 15, 2024 L - 1 2024 January-September Building Report JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 1 0 0 0 0 0 1 1 1 0 0 0 $1,100,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $191,500.00 $3,901,000.00 $4,200,000.00 $0.00 $0.00 $0.00 4 4 5 12 7 16 16 8 6 0 0 0 $96,747.00 $94,945.00 $929,547.00 $520,638.00 $163,847.00 $526,932.00 $1,421,523.00 $331,943.00 $585,875.00 $0.00 $0.00 $0.00 1 0 0 0 1 0 0 1 1 0 0 0 $238,448.00 $0.00 $0.00 $0.00 $4,059,682.00 $0.00 $0.00 $1,330,000.00 $7,000,000.00 $0.00 $0.00 $0.00 0 0 0 0 0 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 0 0 0 0 0 0 0 0 0 0 0 $65,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 0 0 1 1 1 0 0 0 0 0 0 $2,000.00 $0.00 $0.00 $350,000.00 $555,000.00 $30,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 0 1 0 3 1 4 0 1 0 0 0 $0.00 $0.00 $200,000.00 $0.00 $671,350.00 $292,824.00 $681,350.00 $0.00 $265,000.00 $0.00 $0.00 $0.00 0 0 0 0 2 0 1 0 2 0 0 0 $0.00 $0.00 $0.00 $0.00 $336,520.00 $0.00 $218,000.00 $0.00 $390,000.00 $0.00 $0.00 $0.00 0 2 0 0 1 3 0 3 1 0 0 0 $0.00 $655,052.00 $0.00 $0.00 $324,912.00 $1,271,726.00 $0.00 $668,257.00 $290,231.00 $0.00 $0.00 $0.00 0 1 1 4 2 3 3 0 5 0 0 0 $0.00 $75,000.00 $100,000.00 $233,684.00 $192,570.00 $172,500.00 $334,400.00 $0.00 $646,007.00 $0.00 $0.00 $0.00 42 11 16 15 14 36 20 34 25 0 0 0 $389,794.00 $270,110.00 $266,850.00 $154,091.00 $459,796.00 $637,848.00 $464,122.00 $518,203.00 $551,123.00 $0.00 $0.00 $0.00 0 0 4 0 2 2 1 2 1 0 0 0 $0.00 $0.00 $24,556.00 $0.00 $15,500.00 $28,649.00 $7,500.00 $85,500.00 $77,500.00 $0.00 $0.00 $0.00 50 18 27 32 33 62 46 49 43 0 0 0 $1,891,989.00 $1,095,107.00 $1,520,953.00 $1,258,413.00 $6,779,177.00 $2,960,479.00 $3,318,395.00 $6,834,903.00 $14,005,736.00 $0.00 $0.00 $0.00 0 0 1 1 1 1 1 0 5 0 0 0 10 3* 0 0 2 0 4 2 8 0 2 0 0 0 18 10* 0 2 0 0 1 3 0 3 1 0 0 0 10 7* 0 0 0 0 2 0 1 0 2 0 0 0 5 5* 0 0 0 0 4 0 0 0 0 0 0 0 4 36* 0 2 3 1 12 6 10 3 10 0 0 0 47 61* 2 1 1 1 1 2 1 5 8 0 0 0 $35,793.06 $32,520.68 $95,372.41 $25,385.23 $70,460.78 $69,804.22 $84,573.11 $117,383.62 $171,881.83 $0.00 $0.00 $0.00 $39,665,152 $703,174.94 22 12 $239,205 360 $3,210,178 19 $1,754,161 213 $3,711,937 10 $2,110,524 5 $944,520 10 $65,000 4 $937,000 4 $12,628,130 0 $0 1 Year to Date Total 4 $9,392,500 78 $4,671,997 *The pending units are in various stages of staff review. Additionally, not all applicants have submitted a complete application at this time. While we expect the majority to advance through the review process this year, it is possible that some may experience the need for additional review. Dwelling Units - Single Family Dwelling Units-Manufactured Home Dwelling Units - Multi Family (3+) Total Dwelling Units Total Construction Valuation Dwelling Units - Duplex New Construction Repair and Alteration New Multi Family New Manufactured Home Dwelling Units - ADU Certificate of Occupancy Permit Fees Paid Comm Ind Public Res New Construction Repair and Alteration New Construction New Single Family New Accessory Structure Repair and Alteration Demolition and Moving Repair and Alteration Total Permits Issued October 15, 2024 L - 2 2025 REVENUE SOURCES Public Hearing October 15, 2024 AGENDA 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 2 Revenue Guidelines 2025 Citywide Revenue Overview Revenue Projections by Fund 2025 Budget Schedule Public Hearing & Questions REVENUE GUIDLINES 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 3 BUDGET REQUIREMENTS The Preliminary Budget must be presented by the 31st of October (RCW35.33.055). The Proposed City Manager’s Recommended Budget has been available on the City’s website since October 9th. The revenue sources presentation and public hearing are a State requirement per RCW84.55.120. Sources planned in the coming year’s budget including property tax increase. 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 4 Revenue within each fund must be used for the purposes in which it was collected. Exception is property tax, utility tax, general sales tax collection and other miscellaneous tax collection. REVENUE REQUIREMENTS 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 5 The General Fund is the only fund that can subsidize another fund. No other funds can pay for services that are not specifically related to each funds purpose. Example: Electric fund cannot pay for Water services. REVENUE REQUIREMENTS 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 6 A conservative approach was taken when estimating revenue in line with City Financial Policies. Due to present economic indicators, such as high inflation, a cautious, yet realistic, approach was followed. The use of reserves is not considered a revenue source. However, there are many funds that have a planned use of reserves for capital and one-time needs. REVENUE FORECAST 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 7 ALL CITY FUNDS Total revenue for all City funds 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 8 Utility Advisory Committee May 14, 2024 2025 –2030 Capital Facilities Plan ALL CITY REVENUE 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 9 $$% Taxes $18,907,074 $18,844,104 $20,166,622 $19,397,700 $20,281,100 883,400 4.55% Licenses & Permits 609,047 651,530 585,057 1,254,300 1,163,900 (90,400)-7.21% Intergovt. Revenue 7,707,719 7,456,902 12,591,033 23,369,000 15,161,300 (8,207,700)-35.12% Charges for Goods & Svcs.71,950,423 73,355,711 75,610,703 82,107,800 80,522,900 (1,584,900)-1.93% Fines & Penalties 695 596 1,435 1,500 1,500 - 0.00% Miscellaneous Revenue 5,522,115 (38,793)13,228,382 11,432,700 12,406,600 973,900 8.52% Capital Contributions 108,967 111,806 248,169 150,000 231,300 81,300 54.20% Non-Revenues - 2,000,000 400,000 1,535,400 791,600 (743,800)-48.44% Other Financing Sources 12,735,488 7,278,582 11,521,747 18,099,000 7,132,500 (10,966,500)-60.59% Reserves Used - - - 30,993,300 11,698,300 (19,295,000)-62.26% TOTAL REVENUE $117,541,528 $109,660,438 $134,353,148 $188,340,700 $149,391,000 (38,949,700)-20.68% Change from Prior Yr. $$$5,375,576 ($7,881,090)$24,692,710 $53,987,552 Change from Prior Year %4.79%-6.70%22.52%40.18% 2025 PROPOSED BUDGET VARIANCE FROM 2024 BUDGET AMEND. #22021 ACTUAL REVENUE 2024 BUDGET AMEND. #2 2022 ACTUAL 2023 ACTUAL This table can be found on page 37 of the 2025 Preliminary Budget Document. Utility Advisory Committee May 14, 2024 2025 –2030 Capital Facilities Plan ALL CITY REVENUE 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 10 Taxes 10.68% Licenses & Permits 0.67% Intergovt. Revenue 6.74% Charges for Goods & Svcs. 45.45% Fines & Penalties 0.00% Miscellaneous Revenue 7.10% Capital Contributions 0.15%Non- Revenues 0.90% Other Financing Sources 4.77% Reserves Used 19.35% CITYWIDE REVENUES BY CATEGORY (TOTAL $149,391,000) 25.61%22.65%25.67%1.42%2.13%6.93%2.78%4.23%3.05%5.55%Other UtilityPhoneTBDHousingLodgingREET I &II Criminal Just TAXESPropertySales 27.67%10.72%13.91%21.72%4.02%4.08%1.45%11.80%0.45%2.42%0.67%1.10%Other Internal ChargesParks & RecreationEquipment Replacements ElectricWaterWastewaterSolid WasteStormwater CHARGES Conservation Medic OneLicenses & Permits 13.70%1.72%Judgements/Settlements 9.98%69.83%4.77% Interest EarnedRentals/Leases OtherInsurance Transfers MISCELLANEOUS This table can be found on page 37 of the 2025 Preliminary Budget Document. GENERAL FUND Main operating fund of the City. Accounts for all financial activities associated with traditional government 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 11 City Council | City Manager’s Office | Finance | Community & Economic Development | Police | Fire | Public Works Admin & Engineering | Parks GENERAL FUND REVENUE 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 12 This table can be found on page 48 of the 2025 Preliminary Budget Document. $$% Taxes 15,179,927$ 15,023,317$ 16,274,551$ 15,953,800$ 16,365,900$ 412,100 2.58% Licenses & Permits 486,789 509,223 474,339 1,041,100 950,700 (90,400) -8.68% Intergovt. Revenue 1,932,181 2,155,272 2,527,702 4,013,400 1,461,900 (2,551,500) -63.57% Charges for Goods & Svcs.4,817,582 4,927,960 5,737,412 6,517,300 7,188,300 671,000 10.30% Fines & Penalties 695 596 1,435 1,500 1,500 - 0.00% Miscellaneous Revenue 67,490 (578,670) 696,753 230,400 637,300 406,900 176.61% Prop./Trust Income - - - - - - N/A Non-Revenues - - - - - - N/A Other Financing Sources 63,566 121,889 88,000 160,700 187,100 26,400 16.43% TOTAL REVENUE 22,548,230$ 22,159,587$ 25,800,192$ 27,918,200$ $26,792,700 (1,125,500) -4.03% Change from Prior Yr. $$737,981$ (388,643)$ 3,640,605$ 2,118,008$ Change from Prior Year %3.38%-1.72%16.43%8.21% 2022 ACTUAL 2024 BUDGET AMEND. #2 2025 PROPOSED BUDGET VARIANCE FROM 2024 BUDGET AMEND. #2 REVENUE 2021 ACTUAL 2023 ACTUAL GENERAL FUND REVENUE 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 13 Taxes, 61.08% Licenses & Permits, 3.55% Intergovt. Revenue, 5.46% Charges for Goods & Svcs., 26.82% Fines & Penalties, 0.01% Miscellaneous Revenue, 2.38% Other Financing Sources, 0.70% Property Tax 32.05% Utility Tax 32.03% Sales Tax 29.96% Other Tax 5.96% TAXES Allocations 86.77% Activity & Rental Fees 1.12% Planning Fees 4.43% Cemetery Services 3.48% Other 4.20% CHARGES FOR SERVICES This table can be found on page 48 of the 2025 Preliminary Budget. TAX REVENUE Property Tax 32.1% $5.2M61% Of total General Fund Revenue in 2025$16.4 Million 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 14 Utility Tax 31.9% $5.2M Sales Tax 30.0% $4.9M .84% of Sales tax collected Citywide & EUGA TAX REVENUE 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 15 Other Tax 1.6% $251k Leasehold Excise Gambling Commercial Parking Criminal Justice Tax 2.8% $459k Telephone Tax 1.6% $265k 6% tax on select phone services .10% of Sales tax collected Citywide PROPERTY TAX 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 16 $4 , 5 0 9 , 2 0 8 $4 , 5 6 9 , 6 1 7 $4 , 6 4 5 , 9 4 4 $4 , 7 2 1 , 9 8 2 $4 , 8 3 3 , 8 7 3 $4 , 8 3 3 , 5 4 2 $5 , 0 7 3 , 8 2 9 $5 , 1 9 3 , 6 0 0 $5 , 2 4 5 , 5 0 0 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 2017 2018 2019 2020 2021 2022 2023 2024 Budget 2025 Estimate UTILITY TAX 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 17 YEAR ELECTRIC UTILITY WATER UTILITY WASTEWATER UTILITY SOLID WASTE COLLECTIONS SOLID WASTE LANDFILL STORMWATER UTILITY 2025 Budget $1,407,600 $894,600 $1,156,000 $541,400 $940,100 $281,700 2024 Budget $1,787,100 $741,000 $1,042,500 $534,300 $821,500 $279,300 2023 $1,738,878 $829,780 $1,063,724 $417,585 $699,346 $246,286 2022 $1,628,729 $512,044 $686,150 $265,491 $740,924 $141,247 2021 $1,471,100 $680,600 $985,300 $325,600 $720,100 $208,800 2020 $1,442,939 $681,019 $963,805 $324,918 $728,012 $202,931 2019 $1,481,799 $715,435 $985,115 $338,077 $728,983 $186,767 % Change 2025 vs. 2024 -21.24%20.73%10.89%1.33%14.44%0.86% UTILITY PERCENTAGE OF REVENUES Electric 6.00% Water 10.00% Wastewater 10.00% Solid Waste Collection 10.00% Solid Waste Transfer Station 8.00% Stormwater 8.00% These tables can be found on pages 54-55 of the 2025 Preliminary Budget Document. State, 6.5% City, 1.00% Clallam Transit Authority, 0.60% Criminal Justice Fund, 0.10% Emergency Communications, 0.10% Clallam County Mental Health, 0.10% Transportation Benefit District, 0.30% Juvenile & Family Services, 0.10%Affordable Housing, 0.10% SALES TAX DISTRIBUTION SALES TAX The City receives 0.84% of the 1.0%, the County receives 0.15% and 0.01% pays the State for administrative charges. 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 18 SALES TAX 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 19 $ 1 , 2 9 7 , 5 4 9 $ 1 , 4 2 9 , 0 0 6 $ 1 , 6 5 9 , 5 6 4 $ 1 , 8 0 9 , 9 6 0 $ 1 , 6 7 2 , 3 5 0 $ 1 , 6 7 5 , 1 4 2 $ 1 , 0 2 6 , 9 9 7 $ 4 8 0 , 5 0 6 $ 4 6 6 , 8 0 9 $ 5 0 2 , 9 3 7 $ 4 9 2 , 8 5 4 $ 5 8 4 , 8 4 9 $ 6 4 2 , 1 3 1 $ 2 6 5 , 9 2 4 $ 6 0 7 , 4 4 8 $ 6 1 8 , 6 5 6 $ 4 6 2 , 0 0 8 $ 6 3 6 , 7 2 6 $ 6 1 4 , 5 9 1 $ 7 1 4 , 3 1 2 $ 4 6 1 , 6 8 5 $ 2 8 3 , 3 6 4 $ 2 3 0 , 5 5 6 $ 2 4 4 , 9 3 3 $ 2 8 4 , 9 0 7 $ 3 1 3 , 5 3 4 $ 3 2 0 , 4 9 1 $ 1 9 3 , 0 8 2 $ 1 3 5 , 5 4 5 $ 1 6 2 , 0 6 5 $ 1 3 3 , 8 3 0 $ 3 5 8 , 3 1 2 $ 1 2 7 , 0 2 2 $ 1 7 0 , 3 7 8 $ 1 1 3 , 5 7 9 $ 5 7 7 , 1 7 4 $ 5 9 0 , 5 1 2 $ 7 1 8 , 8 6 6 $ 7 9 6 , 9 7 9 $ 9 1 0 , 4 8 2 $ 1 , 2 1 0 , 0 8 0 $ 5 6 2 , 7 1 6 $ 1 3 8 , 8 2 9 $ 1 3 0 , 8 9 2 $ 1 5 1 , 1 8 4 $ 1 6 9 , 6 2 6 $ 1 6 6 , 7 7 4 $ 2 1 0 , 9 8 3 $ 1 2 1 , 5 3 5 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 2018 2019 2020 2021 2022 2023 2024 - YTD SALES TAX BY CATEGORY Retail Trade Construction Accommodation & Food Services Wholesale Trade Manufacturing Other Services LICENSES AND PERMITS 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 20 73.4% BUILDING $697,900 Community Services Public Works Right-of-way permits Clear/grade permits PERMITS 3.5% Of Total General Fund Revenue in 2025 $950,700 LICENSES AND PERMITS 5.0% Franchise Fee Radio Repeater License Concealed Carry Permits 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 21 POLICE DEPT.$116,400 12.2%73.4% TELECABLE FRANCHISE FEES$135,400 < 1.0% BUSINESS LICENSES$1,000 Select licensing fees, such as taxi cabs INTERGOVERNMENTAL REVENUE Of Total General Fund Revenue in 2025 5.5% $1.5 M State and Federal Grants 52% $764k 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 22 RAISE Stonegarden Alt. Response Criminal Justice 21% $311k High Crime Violent Crimes Special Programs Marijuana INTERGOVERNMENTAL REVENUE Liquor Tax & Profits 20% $286,700 Police Services4% $55,000 Fire Insurance Premiums <1% $45,800 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 23 State Shared revenue is distributed on a per capita basis based on State revenue forecasts for the 2025 year. The amount for each state shared revenue differs depending on the revenue source. CHARGES FOR SERVICES 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 24 26.8% 2025 General Fund $7.2 Interfund Charges 87% $6.2 MM Plan Check & Zoning Fees 5% $376,400 Facility Rentals & Cemetery 4% $316,500 Fire Inspection Services 3% $235,000 < 1%Range User FeesPEG ChargesMemberships$23,300 GENERAL FUND REVENUE $26.8 M in 2025 Plan Check Fees, $300,200 Leasehold Excise Tax, $188,400 Cable TV Franchise Fee , $135,400 Building Permits, $716,300 Sales Tax Criminal Justice , $458,700 Liquor Excise Tax + Profit, $284,300 Sales Tax - combined, $4,903,600 Telephone Tax, $264,700 Parks and Recreation Fees, $364,500 City Utility Tax - combined, $5,221,400 Fire Permits, $235,000 Opioid Settlement Funding, $384,100 State Shared Revenue , $289,200 Property Tax , $5,245,500 Federal/State Grants, $832,700 Investment Interest Earned, $162,000 Police Licenses, $120,400 Interdepartmental Charges for Services, $6,237,100 Other Revenues, $449,200 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 25 SPECIAL REVENUE FUNDS Account for and report the proceeds of specific resources that are committed for purposes other than debt service or capital projects. 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 26 Lodging Tax | Street Department | REET I & II | PenCom | Business Improvement Area | Housing Fund | Code Compliance LODGING TAX 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 27 1,146,408 1,327,203 857,200 1,030,000 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 2022 ACTUAL 2023 ACTUAL 2024 BUDGET AMEND. #2 2025 PRELIM. BUDGET Hotel/Motel Tax 1,146,408 1,327,203 857,200 1,030,000 172,800 20.2% Investment Earnings (61,689) 67,046 19,000 30,500 11,500 60.5% Total Lodging Tax Revenue 1,084,719 1,394,249 876,200 1,060,500 184,300 21.0% 2022 ACTUAL VARIANCE FROM 2024 AMENDMENT #2 LODGING TAX FUND 2025 PRELIM. BUDGET 2024 BUDGET AMEND. #2 2023 ACTUAL STREET DEPARTMENT 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 28 TBD Tax Collecton - - 509,100 548,300 39,200 7.7% Motor Vehicle Fuel Tax 348,534 350,767 346,500 348,400 1,900 0.5% Investment Earnings (46,405) 27,613 8,600 5,500 (3,100)-36.0% Street Related Transfers 1,024,800 1,259,640 1,056,900 995,800 (61,100)-5.8% Long Term Leases 33,000 33,371 33,000 33,000 - 0.0% Interdepartmental Revenue 207,685 135,503 163,300 163,000 (300)-0.2% Other Revenue 57,635 60,490 51,300 51,300 - 0.0% Total Street Fund Revenue 1,625,249 1,867,384 2,169,300 2,145,300 (24,000)-1.1% 2022 ACTUALSTREET FUND 2025 PRELIM. BUDGET VARIANCE FROM 2024 AMENDMENT #2 2024 BUDGET AMEND. #2 2023 ACTUAL PENCOM 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 29 Sales Tax - 1/10 of 1% 1,506,790 1,606,927 1,485,500 1,601,300 115,800 7.8% 9-1-1 Phone Tax 722,439 723,475 606,500 683,800 77,300 12.7% Capital Tax 151,431 470,833 - 50,000 50,000 100.0% State Grants 185,080 83,734 46,000 46,000 - 0.0% User Fees 805,870 945,460 928,000 1,035,000 107,000 11.5% City User Fees 426,100 478,300 457,400 513,600 56,200 12.3% Other Pencom Revenue (53,544) 36,909 47,300 55,400 8,100 17.1% Total PenCom Revenue 3,744,166 4,345,637 3,570,700 3,985,100 414,400 11.6% 2022 ACTUAL VARIANCE FROM 2024 AMENDMENT #2 PENCOM FUND 2025 PRELIM. BUDGET 2024 BUDGET AMEND. #2 2023 ACTUAL PENCOM 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 30 1, 5 0 6 , 7 9 0 72 2 , 4 3 9 15 1 , 4 3 1 18 5 , 0 8 0 80 5 , 8 7 0 42 6 , 1 0 0 (5 3 , 5 4 4 ) 1, 4 8 5 , 5 0 0 60 6 , 5 0 0 -46 , 0 0 0 92 8 , 0 0 0 45 7 , 4 0 0 47 , 3 0 0 1, 6 0 1 , 3 0 0 68 3 , 8 0 0 50 , 0 0 0 46 , 0 0 0 1, 0 3 5 , 0 0 0 51 3 , 6 0 0 55 , 4 0 0 1, 6 0 6 , 9 2 7 72 3 , 4 7 5 47 0 , 8 3 3 83 , 7 3 4 94 5 , 4 6 0 47 8 , 3 0 0 36 , 9 0 9 $(60,000) $140,000 $340,000 $540,000 $740,000 $940,000 $1,140,000 $1,340,000 $1,540,000 Sales Tax - 1/10 of 1% 9-1-1 Phone Tax Capital Tax State Grants User Fees City User Fees Other Pencom Revenue 2022 ACTUAL 2023 ACTUAL 2024 BUDGET AMEND. #2 2025 PRELIM. BUDGET REAL ESTATE EXCISE TAX I & II 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 31 REET-1 Tax 463,575 380,887 308,800 325,900 17,100 5.5% Investment Earnings (74,550) 34,058 4,400 11,400 7,000 159.1% Total Lodging Tax Revenue 389,025 414,945 313,200 337,300 24,100 7.7% REET-2 Tax 463,575 380,887 308,800 325,900 17,100 5.5% Investment Earnings (61,779) 16,189 5,000 3,600 (1,400)-28.0% Total Lodging Tax Revenue 401,796 397,076 313,800 329,500 15,700 5.0% 2022 ACTUAL 2022 ACTUAL 2023 ACTUAL REAL ESTATE EXCISE TAX FUND (REET-1) REVENUE 2025 PRELIM. BUDGET VARIANCE FROM 2024 AMENDMENT #2 2024 BUDGET AMEND. #2 2023 ACTUAL VARIANCE FROM 2024 AMENDMENT #2 REAL ESTATE EXCISE TAX FUND (REET-2) REVENUE 2025 PRELIM. BUDGET 2024 BUDGET AMEND. #2 HOUSING FUND 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 32 Sales Tax - 0.10% 562,984 580,464 506,000 529,900 23,900 4.7% Sales Tax Credit 64,420 58,570 57,600 58,600 1,000 1.7% CDBG Grant Revenue - 372,199 - - - N/A CDBG Loan Repayments 389,911 6,343 23,500 9,500 (14,000)-59.6% Other Revenue (98,337) 74,454 21,400 40,400 19,000 88.8% PORT ANGELES HOUSING FUND Major Revenue Sources 2022 ACTUAL 2024 BUDGET AMEND. #2 2023 ACTUAL 2025 PRELIM. BUDGET VARIANCE FROM 2024 AMENDMENT #2 Business Improvement Area Fund Assessment collected from downtown businesses $32,900 in revenues anticipated in 2025 Code Compliance Fund $600 in interest revenue $256,500 transfer from the General Fund for the Code Enforcement program. OTHER SPECIAL REVENUE FUNDS 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 33 ENTERPRISE FUNDS Account for activities for which a fee is charged to external users for goods or services. These fees cover the full cost to provide these services. 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 34 Electric | Water | Wastewater | Stormwater | Solid Waste | Medic 1 | Harbor Clean-up | Conservation ELECTRIC UTILITY 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 35 Residential 12,081,432 11,550,805 11,700,000 11,772,100 72,100 0.6% Commercial Gen. Services 1,942,597 2,006,146 2,450,000 2,401,200 (48,800)-2.0% Commerical Demand 4,283,149 4,075,420 4,270,000 4,260,700 (9,300)-0.2% Industrial Primary Service 1,661,320 1,709,524 1,660,000 1,660,000 - 0.0% Industrial Transmission 6,151,487 6,283,243 6,500,000 455,500 (6,044,500)-93.0% Municipal Pumping 192,219 184,642 180,000 181,000 1,000 0.6% Street Lighting 104,509 103,825 100,000 100,000 - 0.0% City Accounts 611,162 569,431 560,000 560,000 - 0.0% Non-Profit 251,187 227,028 225,000 231,400 6,400 2.8% Judgement & Settlements 2,444 2,255 5,000 9,000 4,000 80.0% Electrical Permits 117,120 89,885 137,400 137,400 - 0.0% Pole Rentals 98,904 98,952 98,900 98,900 - 0.0% Investment Interest (1,780,427) 1,327,430 239,900 530,700 290,800 121.2% Non-Taxable 455,812 430,184 450,000 445,600 (4,400)-1.0% Other Electric Revenue 403,052 663,910 509,600 621,200 111,600 21.9% Total Electric Revenue 26,575,967 29,322,680 29,085,800 23,464,700 (5,621,100)-19.3% 2022 ACTUAL 2023 ACTUAL ELECTRIC FUND Major Revenue Sources 2025 PRELIM. BUDGET VARIANCE FROM 2024 AMENDMENT #2 2024 BUDGET AMEND. #2 ELECTRIC UTILITY 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 36 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 2022 ACTUAL 2023 ACTUAL 2024 BUDGET AMEND. #2 2025 PRELIM. BUDGET Residential Commercial Gen. Services Commerical Demand Street Lighting City Accounts Non-Profit Non-Taxable Industrial Primary Service Industrial Transmission WATER UTILITY 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 37 Residential Water 4,250,920 4,671,249 4,525,000 5,452,100 927,100 20.5% Commercial Water 1,573,648 1,737,089 1,775,000 2,156,300 381,300 21.5% Resale Water 215,779 288,109 300,000 312,300 12,300 4.1% Commerical Irrigation 142,540 171,255 146,000 141,500 (4,500)-3.1% Municipal Water 76,170 87,680 88,500 134,000 45,500 51.4% Municipal Irrigation 47,528 59,011 47,000 104,500 57,500 122.3% Residential Irrigation 4,984 9,439 2,100 10,800 8,700 414.3% System User Fees 115,260 131,080 114,200 114,200 - 0.0% Investment Interest (1,382,368) 852,911 186,800 270,800 84,000 45.0% Non-Taxable 103,208 115,398 120,000 110,400 (9,600)-8.0% Other Water Revenue 130,575 617,230 194,800 914,000 719,200 369.2% Total Water Revenue 5,278,244 8,740,451 7,499,400 9,720,900 2,221,500 29.6% 2022 ACTUAL 2023 ACTUAL 2025 PRELIM. BUDGET VARIANCE FROM 2024 AMENDMENT #2 WATER FUND Major Revenue Sources 2024 BUDGET AMEND. #2 WATER UTILITY 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 38 0 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 9,000,000 2022 ACTUAL 2023 ACTUAL 2024 BUDGET AMEND. #2 2025 PRELIM. BUDGET Residential Water Commercial Water Resale Water Residential Irrigation Non-Taxable Commerical Irrigation Municipal Water Municipal Irrigation WASTEWATER UTILITY 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 39 Residential Wastewater 4,533,964 4,956,922 4,783,500 5,670,600 887,100 18.5% Commercial Wastewater 1,797,945 1,914,383 1,972,500 2,401,700 429,200 21.8% Septic Waste Disposal 365,472 375,032 332,500 332,500 - 0.0% Commercial Lechate 122,580 106,380 123,100 123,100 - 0.0% Dept. of Ecology 3,588 80,853 - - - N/A Sewer Sys. Develop. Charges 113,000 144,912 102,700 102,700 - 0.0% Investment Interest (496,409) 299,791 36,900 96,100 59,200 160.4% Non-Taxable 132,592 147,403 159,800 111,800 (48,000)-30.0% Other Wastewater Revenue 151,627 98,912 167,700 192,800 25,100 15.0% Total Wastewater Revenue 6,724,359 8,124,588 7,678,700 9,031,300 1,352,600 17.6% 2022 ACTUAL VARIANCE FROM 2024 AMENDMENT #2 WASTEWATER FUND Major Revenue Sources 2025 PRELIM. BUDGET 2024 BUDGET AMEND. #2 2023 ACTUAL WASTEWATER UTILITY 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 40 0 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 2022 ACTUAL 2023 ACTUAL 2024 BUDGET AMEND. #2 2025 PRELIM. BUDGET Residential Wastewater Commercial Wastewater SOLID WASTE UTILITY 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 41 TRANSFER STATION Solid Waste Self Haulers 2,284,557 2,211,746 3,420,000 3,194,300 (225,700)-6.6% Trans. Sta./Olympic Disposal 2,339,567 2,319,040 2,360,400 2,596,400 236,000 10.0% Commercial Haulers 709,791 674,705 780,900 824,600 43,700 5.6% Transfer Station - Sequim 874,497 843,364 969,400 1,077,000 107,600 11.1% PA Collections to Trans. Sta. 1,265,844 1,243,996 1,837,000 1,761,700 (75,300)-4.1% Biosolids Disposal-sewer 78,926 3,694 - - - N/A Blue Mtn. Disposal 165,473 304,679 329,300 357,600 28,300 8.6% Other Trans. Sta. Revenue 2,396,207 333,356 2,347,900 823,500 (1,524,400)-64.9% Sub-Total Transfer Station 10,114,862 7,934,580 12,044,900 10,635,100 (1,409,800)-11.7% COLLECTIONS Residential-weekly 1,633,876 1,654,454 1,498,700 1,611,100 112,400 7.5% Commercial 1,330,377 1,358,117 1,363,600 1,411,300 47,700 3.5% Residential-biweekly 1,355,792 1,327,983 1,725,900 1,769,000 43,100 2.5% Residential Yard Waste 323,903 339,240 438,000 451,100 13,100 3.0% Investment Interest (436,348) 242,645 51,800 54,500 2,700 5.2% Non-Taxable 113,160 111,763 132,400 132,400 - 0.0% Other Collections Revenue 65,675 79,814 265,200 136,200 (129,000)-48.6% Sub-Total Collections 4,386,435 5,114,016 5,475,600 5,565,600 90,000 1.6% Total Solid Waste Revenue 14,501,297 13,048,596 17,520,500 16,200,700 (1,319,800)-7.5% 2022 ACTUAL SOLID WASTE FUND Major Revenue Sources 2025 PRELIM. BUDGET VARIANCE FROM 2024 AMENDMENT #2 2024 BUDGET AMEND. #2 2023 ACTUAL SOLID WASTE –TRANSFER STATION 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 42 0 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 9,000,000 10,000,000 2022 ACTUAL 2023 ACTUAL 2024 BUDGET AMEND. #2 2025 PRELIM. BUDGET Solid Waste Self Haulers Trans. Sta./Olympic Disposal Blue Mtn. Disposal Commercial Haulers Transfer Station - Sequim PA Collections to Trans. Sta. SOLID WASTE -COLLECTIONS 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 43 0 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 2022 ACTUAL 2023 ACTUAL 2024 BUDGET AMEND. #2 2025 PRELIM. BUDGET Residential-weekly Commercial Residential-biweekly Residential Yard Waste STORMWATER UTILITY 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 44 Charges for Goods & Services 2,633,808 2,651,160 3,199,500 3,202,900 3,400 0.1% Miscellaneous Revenue (129,685) 231,690 27,000 94,300 67,300 249.3% Grant Funding - 164,432 434,700 184,700 (250,000)-57.5% Other Revenue Collection - 26,830 63,200 30,200 (33,000)-52.2% Total Stormwater Revenue 2,504,123 3,074,112 3,724,400 3,512,100 (212,300)-5.7% 2022 ACTUAL VARIANCE FROM 2024 AMENDMENT #2 STORMWATER Major Revenue Sources 2025 PRELIM. BUDGET 2024 BUDGET AMEND. #2 2023 ACTUAL MEDIC 1 UTILITY 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 45 Medic 1 Fees 1,264,726 1,678,126 1,697,300 1,697,300 - 0.0% Amubulance Services 915,230 1,241,792 1,265,600 1,582,200 316,600 25.0% Medic 1 Write-Offs (56,884) (63,465) (62,000) (62,000) - 0.0% Recurring Transfers 265,500 265,500 265,500 265,500 - 0.0% GEMT 309,317 312,463 286,400 298,800 12,400 4.3% Paramedicene Grants 377,519 412,265 343,500 743,600 400,100 116.5% Other Medic 1 Revenue (20,620) 60,068 55,900 92,900 37,000 66.2% Total Medic 1 Revenue 3,054,788 3,906,749 3,852,200 4,618,300 766,100 19.9% 2022 ACTUAL 2023 ACTUAL MEDIC 1 FUND Major Revenue Sources 2025 PRELIM. BUDGET VARIANCE FROM 2024 AMENDMENT #2 2024 BUDGET AMEND. #2 MEDIC 1 UTILITY 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 46 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 2022 ACTUAL 2023 ACTUAL 2024 BUDGET AMEND. #2 2025 PRELIM. BUDGET Medic 1 Fees Amubulance Services Recurring Transfers GEMT Paramedicene Grants Harbor Clean-up Revenue for Harbor Clean-up comes primarily from Insurance Reimbursements and grants. Conservation Revenue in the Conservation consist of incentive funds from power purchased and increases or decreases based on estimated needs for power. OTHER ENTERPRISE FUNDS 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 47 CAPITAL FUNDS Account for financial resources to be used for the acquisition or construction of capital facilities and projects. Revenues occur in the form of transfers from other funds and grants. 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 48 Transportation Benefit District | Governmental Capital | All Utility Capital TRANSPORTATION BENEFIT DISTRICT 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 49 Sales Tax - 0.20% 1,119,825 1,164,060 896,400 1,096,600 200,200 22.3% Grants 388,917 4,118,627 10,648,400 6,706,700 (3,941,700)-37.0% Transfers 628,500 1,912,500 1,054,600 582,100 (472,500)-44.8% Other Revenue (273,271) 211,324 81,600 87,900 6,300 7.7% Total TBD Revenue 1,863,971 7,406,511 12,681,000 8,473,300 (4,207,700)-33.2% 2022 ACTUAL 2023 ACTUAL VARIANCE FROM 2024 AMENDMENT #2 TRANSPORTATION BENEFIT DISTRICT Major Revenue Sources 2024 BUDGET AMEND. #2 2025 PRELIM. BUDGET 12 Grants Planned in the 2025 Budget for Transportation Projects Governmental Capital Revenues include transfers from REET, Lodging Tax and the General Fund and in select years donations. Expected grant revenue in 2025 include $50,000 for the Ediz Hook Boat Ramp and $74,000 for Body Worn Cameras. OTHER CAPITAL FUNDS 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 50 Utility Capital Funds Transfers from utility funds (as set by the COSA & the CFP) Solid Waste and Combined Sewer Overflow (CSO) surcharge for debt Expected grant revenue in 2025 include $421,000 for the Electric Vehicle Charging Stations and $100,000 for Valley Creek Stormwater Park OTHER CAPITAL FUNDS 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 51 OTHER FUNDS 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 52 Fireman’s Pension | Cemetery Endowment | Debt Service | Equipment Services | Information Technology | Self Insurance Firemen’s Pension Fund Revenues include investment interest Cemetery Endowment Fund Interest revenue only from sales at Ocean View Cemetery prior to 1981. Cannot be used until cemetery is at full capacity. Debt Service Funds Interest revenue on one governmental obligation bond. OTHER FUNDS 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 53 Equipment Services & IT All revenues collected are through charges for services or allocations of staff time to other departments. Self Insurance Fund Revenues consist of the transfer of employee and the City’s portion of medical, dental and vision insurance as well as other employee benefits and liability insurance transfers. OTHER FUNDS Internal Service Funds 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 54 NEXT STEPS DEC 3 NOV 6 2025 Property Tax Presentation, Public Hearing & First Reading of Ordinance 2025 Budget Public Hearing & 2nd Reading of Ordinance OCT 22 2025 Proposed Budget Work Session 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 55 NOV 19 2025 Property Tax Public Hearing, Adoption of Ordinance /Resolution, 2025 Budget Presentation, Public Hearing & 1st Reading of Ordinance NOV 12 2025 Budget Work Session -Hold 20 2 5 R e v e n u e S o u r c e s Public Hearing | October 15, 2024 | Slide 56 PUBLIC HEARING AND QUESTIONS Shared Duty Chief Rotation City Council Update Presented by: Derrell Sharp Fire Chief, Port Angeles Fire Department Jake Patterson Fire Chief, Clallam 2 Fire Rescue Introduction and Background •The Shared Duty Chief rotation builds upon the foundation of the Automatic Mutual Aid Agreements approved in September 2023. •The Shared Duty Chief Agreement was approved by Council in April 2024. •This initiative has enhanced interagency cooperation and has help standardize emergency incident response. Key Elements of the Agreement •24/7 rotational leadership with chiefs from both agencies. •Authority to manage resources and personnel across both agencies. •Maintenance of a 30-minute response time to Port Angeles central areas. •Increased knowledge of agency specific service delivery capacities. Key Benefits Enhanced response capabilities and maintenance of crew integrity. Prompted Multi-agency training opportunities and quarterly officer meetings. Supports Professional Development and networking opportunities for Chief Officers. Improved Risk Management and Incident Command Functions Alignment with Strategic Plan •This initiative aligns with Goal #4 of the City’s Strategic Plan: •Focus on high-performing relationships and partnerships. •Enhances agency efficiency by reinforcing trust and collaboration. •Increases resiliency through augmented response capabilities. Results and Feedback •Improved Incident Management •Increased Operational efficiency •Stronger Interagency Relationships •Enhanced Firefighter Safety •Positive Staff Support and Confidence. Closing and Appreciation •Thank you, Council & Manager West for your vision and support of this initiative. •The Shared Duty Chief program has exceeded expectations. •We look forward to continuing to build a safer, stronger community together. •Happy to answer any questions or provide further insights. PROPOSED CHANGES TO STANDARDS FOR PUBLIC DEFENSE Developed and Presented by Mark Nichols Clallam County Prosecuting Attorney/Ex-Officio Coroner Outline I.Indigent defense (aka public defense) II.Current standards III.Proposed amendments IV.Important considerations V.Foreseeable consequences Indigent Defense The Sixth Amendment guarantees counsel to those facing a loss of liberty at the hands of the state. If a defendant is deemed to be indigent by the court (i.e.cannot afford counsel) then they are appointed an attorney at public expense. This practice is known as “indigent defense” or “public defense.” Indigent Defense The court or its designee determines whether the person is indigent pursuant to standards set forth in Chapter 10.101 of the RCW, which addresses indigent defense services. Current Standards The National Advisory Commission on Criminal Justice and Standards was appointed by Richard Nixon's administration in 1971 to advise on how to improve state criminal justice agencies. In 1973, the Commission finished its work and issued a summary volume, A National Strategy to Reduce Crime. Current Standards The Commission opined that public defenders —who provide free legal representation to criminal defendants who can't afford a private attorney —can handle a maximum 150 felony cases per year; 400 misdemeanor cases; 200 mental health cases; 200 juvenile cases; or 25 appeals annually. In 2013 , the Washington Supreme Court adopted caseload standards based on these guidelines. Current Standards In September of 2023, A new national report published by the American Bar Association, in collaboration with the National Center for State Courts and the RAND Justice Policy Program, suggested new standards that divide a public defenders’ available annual hours by the average amount of time needed to handle different types of cases. They new standards include more case categories than the existing standards to better account for how many hours are needed for each case type. Current Standards In November of 2023, The Washington state Office of Public Defense submitted a letter to the Washington Supreme Court in which it asserted that the public defense system in the state of WA is on the verge of collapse. Requested that the Supreme Court issue an order implementing restricted caseload standards until the adoption of new standards, which were being developed by the Washington State Bar Association’s (WSBA) and its Council on Public Defense. March 8, 2024, the WSBA Board of Governor’s adopted revised caseload standards, to be phased in over the next few years. Proposed Amendments Current standards (until July 2, 2025) 150 felony cases/year 400 misdemeanor cases/year without weighting; and 300 cases/year with weighting Beginning July 2, 2025 110 felony case credits/year 280 misdemeanor case credits/year Beginning July 2, 2026 90 felony case credits/year 225 misdemeanor case credits/year Beginning July 2, 2027 47 felony case credits/year 120 misdemeanor case credits/year Cases/Year v. Case Credits/Year – An Important Distinction In their current form, the new indigent defense standards establish that the maximum annual caseload for a full-time felony attorney is 47 case credits. Public defense attorneys would be assigned variable credits based on case type –ranging from eight credits per case for cases where the defendant faces a possible punishment of life without parole, to one credit per case for certain less serious felonies. There are different standards for misdemeanor attorneys and civil commitment (Involuntary Treatment Act or ITA) attorneys. These new caseload standards would drastically reduce current maximum caseloads for public defenders. Important Considerations Washington is currently contending with an attorney shortage Rural jurisdictions are particularly hard hit No functional plan to address the shortage Important Considerations What happens when there are no defense attorneys available to appoint? Who will pay for these attorneys/services? Foreseeable Consequences Beginning not later than July of 2025 , the criminal justice system will begin to lose capacity to hold people accountable for a broad array of criminal conduct due to a shortage of defense attorneys. As people learn the criminal justice system can no longer be relied upon to hold offenders accountable, some will become less inclined to report crime to law enforcement. Foreseeable Consequences The de facto decriminalization of all but the most serious of crimes will ultimately result in an increase in vigilante “justice.” Comment Comments must be received by October 31, 2024. Comments may be sent by email to supreme@courts.wa.gov or by U.S. Mail to P.O. Box 40929, Olympia, WA 98504-0929. CLALLAM COUNTY PROSECUTING ATTORNEY/ EX-OFFICIO CORONER MARK B. NICHOLS 223 EAST 4TH STREET,SUITE 11 PORT ANGELES,WA 98362 PHONE: 360-417-2301 FAX: 360-417-2469 TOLL FREE FROM FORKS: 360-374-5324 October 15, 2024 WRITTEN PUBLIC COMMENTS SUBMITTED Clerk of the Supreme Court MEETING BODY' (:Puifu Temple of Justice P.O. Box 40929 INTO THE RECORD BY' ii4„.k/ukiviK Olympia, WA 98504-0929 DATE: /D /51242 02 y Sent via email to supreme@courts.wa.gov Re: Proposed changes to standards for public defense Dear Justices of the Supreme Court, Thank you for seeking comments to the Washington State Bar Association's and Council on Public Defense's proposed amendments to the adopted standards for public defense. After carefully reviewing them, I strongly urge you to reject the proposed amendments. To the extent the Court is interested in making changes to the current standards for public defense, I encourage it to first call for and review the results of a Washington criminal justice workload study. I believe such a study will allow for a more wholistic address of challenges facing not only public defenders, but the broader criminal justice system. A. Reasons for which this Court should reject the proposed amendments i. The RAND study fails to consider Washington's unique needs The Court should have the opportunity to review the results of a Washington criminal justice workload study before making changes to the adopted standards for public defense that will fundamentally alter the operation of the criminal justice system.' Stakeholders who work within the criminal justice system and citizens who rely upon it to keep them safe deserve no less. Other decisionmakers at the state and local level will similarly benefit from a Washington criminal justice workload study. Prosecuting Attorney Clallam County Page 2 ij While the RAND Corporation's National Public Defense Workload Study raises several good points, it was conducted as a national study and was never intended to address Washington's unique public defense needs. Moreover, the study's results are primarily applicable to locations or for purposes where jurisdictionally focused workload standards have not already been produced, in situations where earlier work did not adequately consider applicable ethics rules and practice standards, or in situations where existing studies may be outdated or otherwise flawed. This Court previously adopted standards for public defense. To the extent the Court believes the current standards should be revisited, the RAND study identifies that having a specific state or local workload study remains the ideal approach for public defense resource planning. A Washington criminal justice workload study focusing not only on the work of public defenders,but all criminal justice stakeholders will allow for a more wholistic address of criminal justice system needs. ii. Adoption of the proposed amendments will undermine the rule of law The Court has already received comments and testimony revealing that Washington is experiencing an attorney workforce shortage. I am not aware of any functional plan that has been developed to address the shortage. Given the shortage, it is foreseeable that jurisdictions around the state will not be able to hire the number of defense attorneys that will be required under the proposed amendments during the 2025—2027 phase in period. I believe the shortage of defense attorneys will invite a series of predictable outcomes that will undermine the rule of law. Beginning not later than July of 20252, the criminal justice system will begin to lose capacity to hold people accountable for a broad array of criminal conduct due to a shortage of defense attorneys. In the superior court setting most murders, serious violent assaults, and violent sex offenses will continue to be prosecuted to the steady exclusion of less serious assaults and sex offenses, drug offenses, property crimes, and crimes against society. In the district court setting driving under the influence, domestic violent offenses, and some assaults will continue to be prosecuted to the steady exclusion of drug offenses,property crimes, traffic offenses, and crimes against society.3 By July of 2027, the criminal justice system will cease to operate at a level commensurate with public expectations and public safety needs. 2 Although the first phase implementation of the proposed standards would not occur until July of 2025, some jurisdictions are already experiencing criminal justice system capacity challenges based on a shortage of defense attorneys. ' Adoption of the proposed amendments will compromise the continued operation of therapeutic courts because the crimes traditionally referred into these programs include less serious assaults,drug offenses,and property crimes. Adoption of the proposed amendments will deny crime victims,as well those wrongfully accused, access to justice because cases in which they would otherwise be involved will cease to be filed by prosecutors or alternatively,dismissed by the courts. Accordingly,these individuals will not be able to avail themselves of the remedies otherwise available through the criminal justice system. Prosecuting Attorney Clallam County Page 3 As people learn the criminal justice system can no longer be relied upon to hold offenders accountable, some will become less inclined to report crime to law enforcement. Reduced crime reporting will eventually compromise the accuracy of data reflecting criminal activity in Washington. Inaccurate data will work to the detriment of legislative,judicial, and executive branch decisionmakers at the state and local levels. The de facto decriminalization of all but the most serious of crimes will ultimately result in an increase in vigilante"justice." Vigilante justice is not new to our country nor to our state. It was with us in our infancy and has arisen in the nation,periodically and regionally,to subvert our justice system. I believe the above outcomes are predictable. I believe they are also preventable through rejection of the proposed amendments. B. If the Court is interested in revisiting the adopted standards for public defense, then it should first call for and review the results of a comprehensive Washington criminal justice workload study Washington should follow and build upon the RAND study's suggestion by commissioning a criminal justice workload study just as Oregon, Idaho, and numerous other states have already done. The study should incorporate feedback not only from public defenders, but from other criminal justice stakeholders including judges, prosecutors, crime victim advocates, law enforcement, and the public. Each of these groups has a voice that deserves to be heard in relation to decisions that will fundamentally alter the operation of our state's criminal justice system. Such a study will help to inform legislators at the state and local level regarding budgetary impacts and allow an opportunity to plan accordingly. For the foregoing reasons, I respectfully urge the Court to reject the proposed amendments and instead call for and review the results of a Washington criminal justice workload study before making changes to the current standards for public defense. Sincerely, ortua....114..S;7 Mark Nichols Prosecuting Attorney/Ex-Officio Coroner