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HomeMy WebLinkAboutAgenda Packet 09/13/2011VIII. Adjournment N \uac \final \091311 Utility Advisory Committee Jack Pittis Conference Room Port Angeles, WA 98362 September 13, 2011 3:00 PM AGENDA I. Call To Order II. Roll Call III. Approval Of Minutes For August 9, 2011 IV. Late Items V. Discussion Items: A. National Park Service Request for Off Reservation Sewer Connections B. Industrial Transmission Electric Rate Ordinance Amendments C. Solid Waste Processing Facility Development and Management Services Agreement Amendment D. Utility Rate Studies Presentation E. Advanced Metering Infrastructure System Phase I Report F. Utility Advisory Committee Assignment Wireless Mobile Data System Vendor Proposal Evaluation (verbal report only) VI. Information Only Items: A. Simple Steps, Smart Savings Promotion Services Agreement Update (verbal report only) VII. Next Meeting Dates: October 11, 2011 The Utility Advisory Committee meeting time was delayed as announced to 3:30 P.M., in order to ensure a quorum was present. I. Call To Order Chairman Dan DiGuilio called the meeting to order at 3:30 p.m. II. Roll Call UAC Assigned Councilmembers Present: Dan Di Guilio, Cherie Kidd, Brooke Nelson Other Councilmembers Present: Patrick Downie Other Councilmembers Absent: Don Perry, Brad Collins, Max Mania Utility Advisory Committee Members Present: Dean Reed Utility Advisory Committee Members Absent: Paul Elliott Staff Present: Others Present: III. Approval Of Minutes Chairman Dan DiGuilio asked if there were any corrections to the minutes of June 14, 2011. Committee Member Brooke Nelson moved to approve the minutes. Dean Reed seconded the motion, which carried unanimously. IV. Late Items: None. V. Discussion Items: City Council Special Meeting/Utility Advisory Committee Jack Pittis Conference Room Port Angeles, WA 98362 August 9, 2011 3:00 p.m. Kent Myers (3:33), Glenn Cutler, Mike Puntenney, Bill Bloor, Larry Dunbar, Randy Brackett, Phil Lusk, Terri Partch, Sondya Wray, Nicholas Dotsie, Kathryn Neal. Tom Callis Peninsula Daily News Shannon Greene Bonneville Power Association Harold Norlund NPI USA (3:38) 1 A. Bonneville Power Administration Notice for Tier 2 Power Supply Larry Dunbar, Deputy Director of Power Systems, introduced Terry Mundorf, of Marsh Mundorf Pratt Sullivan via conference phone, and Shannon Greene, of Bonneville Power Administration. A lengthy discussion followed on the City's requirement to make its second commitment to the Bonneville Power Administration Tier 2 power supply. Dean Reed moved to recommend City Council authorize the Director of Public Works and Utilities to notify Bonneville Power Administration in accordance with Section 2.4.1.1 of Exhibit C of the Power Sales Agreement that the City selects the Tier 2 Short -Term Rate Alternative for the period of October 2014 through September 2019 for 100% of its above High Water Mark load greater than 1 average megawatt. Brooke Nelson seconded the motion, which carried unanimously. B. Bonneville Power Administration Wholesale Power Rate Adjustments Phil Lusk, Power Resources Manager, and Shannon Greene gave a PowerPoint presentation on the Bonneville Power Administration's wholesale power rate adjustments and impacts they will have under the Tiered Rate Methodology. A lengthy discussion followed. For information only, no action requested. C. Industrial Transmission Electric Rate Ordinance Amendments Larry Dunbar, Deputy Director of Power Systems, gave a PowerPoint presentation on the Industrial Transmission Rate Ordinance Amendments. A lengthy discussion followed. Dean Reed moved to recommend City Council to proceed with a public hearing on the proposed Industrial Transmission electric rate ordinance amendments. Cherie Kidd seconded the motion, which carried unanimously. D. Stormwater System Modeling Presentation Glenn Cutler, Director of Public Works and Utilities, introduced Nicolas Dotsie, Stormwater Intern. Nicolas gave a presentation of the Stormwater System model and the information that has been retained. There was a brief discussion. For information only, no action requested. E. Stormwater National Pollution Discharge Elimination System and Capital Needs Assessment Study Professional Services Agreement Terri Partch, Assistant Civil Engineer II, shared that the consultant for the Stormwater NPDES and Capital Needs assessment study has been selected. Herrera Environmental Consultants will be providing professional services for the City to be in compliance with the Phase II Municipal Stormwater Permit. A lengthy discussion followed. 2 Brooke Nelson moved to recommend City Council to approve and authorize City Manager to sign a Professional Services Agreement with Herrera Environmental Consultants in an amount not to exceed $107,143, and to make minor modifications to the agreement, if necessary. Dean Reed seconded the motion, which carried unanimously. VI. Information Only Items: A. Advanced Metering infrastructure System Update (Verbal report only) Information only. No action taken. B. Wireless Mobile Data System (BTOP Update (Verbal report only) Information only. No action taken. C. Dry Creek Water Association Easements (Verbal report only) Removed from agenda. VII. Executive Session Potential Litigation: RCW 42.30.110(1)(1) Start Time: 5:03 P.M. End Time: 5:17 P.M. VIII. Next Meeting Dates: August 30, 2011 September 13, 2011 IX. Adjournment: 5:17 p.m. Dan DiGuilio, Mayor Janessa Hurd, City Clerk Dan DiGuilio, Chair Utility Advisory Sondya Wray, Administrative Specialist Committee 3 ORT NGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: September 13, 2011 To: Utility Advisory Committee From: Glenn A. Cutler, P.E., Director, Public Works and Utilities Subject: National Park Service Request for Off Reservation Sewage Connections Summary: The National Park Service (NPS) has determined that the removal of the Elwha Dams will impair the septic systems on 17 privately owned parcels (see attached), adjoining the Lower Elwha Reservation. The parcels contain 46 Equivalent Water Meter (EWM) connections. The NPS has requested the City of Port Angeles (City) accept their wastewater stream by amending the existing Wastewater Agreement between the City and the Lower Elwha Klallam Tribe (LEKT). Recommendation: Forward to City Council a recommendation (1) to provide conceptual approval to permit connection of 17 county parcels /46 EWM connections adjoining the LEKT Reservation and outside of the City limits, and (2) direct staff to negotiate a modification to the Wastewater Agreement between the City and the LEKT and initiate other agreements, as necessary, to facilitate the connections to the City sewer system subject to the following conditions: 1. Negotiate an acceptable agreement which shall be reviewed by the UAC and approved by the City Council. 2. Construct facilities to result in no- impact and no- contribution to the City's ongoing Combined Sewer Overflow (CSO) issues. 3. Clallam County declaring a future health emergency is expected when the Elwha Dams are removed and the 17 parcels' septic systems are impacted. 4. The intent is that the LEKT will own, operate, and maintain all facilities connecting the 17 parcels /46 EWM to the LEKT's system. No other parcels will be allowed to connect to the reservation's system. 5. Payment of the Sanitary Sewer System Development Charge, which is currently $2,260.00/EWM or current rate established by the Port Angeles Municipal Code (PAMC). 6. Payment of the Connection Charges Milwaukee Drive Trunk Sanitary Sewer fee of $240/EWM. 7. Payment for all 46 EWMs, including a Milwaukee Drive latecomer fee, upon signing the agreement, as connected, or as negotiated. 8. Select a rate to charge for sewer service and advise staff to include in the City Council recommendation memorandum. Off Reservation Sewage Connections NPS Rev III September 13, 2011 Page 2 Background /Analysis: Removal of the Elwha and Glines Canyon Dams will eventually result in raised groundwater near the mouth of the Elwha River. To mitigate potential impacts to septic systems, the National Park Service (NPS) has begun construction of a vacuum sewer system that will collect wastewater from the Lower Elwha Klallam Tribe's reservation. The wastewater will be pumped along a sewer force main to the existing City of Port Angeles wastewater collection system. This arrangement was approved by the City Council in a "Wastewater Agreement" between the City and the LEKT, dated May 30, 2007. Raised groundwater elevations will also occur on 17 parcels /46 equivalent water meters (EWM) adjoining the LEKT (see attached map). These 17 parcels /46 EWMs are (1) within Clallam County, (2) immediately outside the LEKT's reservation to the east and north, but within the same valley, and (3) outside of the City/Urban Growth Area limits. The NPS has been discussing mitigation options for the 17 parcels /46 EWMs with City, LEKT, and Clallam County Health Department staff. The number of connections differs from the number of parcels because the area is not completely "built out" per County zoning. The NPS has requested that the City permit the connection of these 17 parcels /46 EWMs to the City's system (see attached). The property owners of the 17 parcels have been informed by the NPS concerning the future impacts to their parcels. The property owners will be negatively impacted by the removal of the dams in that their septic systems will no longer work properly after the dams are removed due to the rise in the water table. This also will most likely lead to impacts on ground water affecting aquatic life if the septic systems remain in operation. If conceptual approval is granted by the City, a modification would be required to amend the LEKT /City Wastewater Agreement. This is because the parcels would be connected to the LEKT's sewage collection system. The current agreement only permits connections for the LEKT's property. The NPS is seeking a preliminary approval from the City to connect the 17 parcels, with a maximum number of connections to the City's sewage treatment system of 46 EWMs. In 2010, the City Council approved an amendment to the City's Comprehensive Plan to provide a policy foundation for future decision making regarding these connections. The Comprehensive Plan states: The City, at its sole discretion, should provide sanitary sewer service to urban development, outlying areas within the City limits and in the urban growth areas, to selected areas of intensive rural development to protect basic public health and safety, and the environment, and to the area of the Lower Elwha Valley where the Clallam County Board of Health determines that the rise in the water table from dam removal will cause on -site septic systems to contaminate the aquifer and create an unacceptable risk of human disease, while prohibiting service to other areas of rural development. No provision of sanitary sewer service to a rural area shall permit urban development in that or another rural area. It will be necessary for the County to take steps to support the National Park Service request and City action to accept sewage. These items are outlined in the Foster Pepper report titled Analysis of City Tribal Wastewater Collection System Extension to Non Tribal Residential Properties dated June 4, 2010. Steps the County may take include modifying the County -Wide Planning Policies. Discussions will be required between the City, County, and National Park Service to better define the necessary actions. Below is a summary of the eight issues yet to be successfully negotiated. Off Reservation Sewage Connections NPS Rev III September 13, 2011 Page 3 Issue #1: What is the potential build out of the off reservation area? The NPS has requested that 17 parcels /46 EWMs be provided with sewage treatment. This is based upon the current maximum build out of the area. Issue #2: Do existing local, state, and federal regulations, plans, policies, and laws permit acceptance of wastewater from outside the City's Urban Growth Area (UGA)? Yes, but only in extenuating circumstances. The City secured the services of the law firm of Foster Pepper, LLC (reimbursed by the NPS) to provide a legal and land use analysis of the ramifications of providing wastewater treatment services to the parcels under consideration. This June 4, 2010 report was reviewed by the City Attorney, Public Works and Utilities Director, and the Planning Director and provided to the NPS. The conclusion was that that the City could legally extend public services such as sewage treatment to these parcels because of the potential for a public health threat, if appropriate declarations are made by the County, agreements are reached between the various parties, and no connections are made to parcels outside of the impacted area and the City/UGA boundaries. This direction is consistent with RCW 36.70A.110(4) which states that the City may only extend water and sewer outside the urban growth area in those limited circumstances shown to be necessary to protect basic public health and safety and the environment, and when such services are financially supportable at rural densities and do not permit urban development. Issue #3: (1) Does the wastewater treatment plant (WWTP) and collections system have the capacity to treat and convey this additional wastewater? (2) Will the 17 parcels /46 EWMs contribute to the City's CSO situation? (1) Yes. The WWTP and conveyance systems are adequate to handle the additional sewage. The LEKT's system and the new First Street storm water system were designed and constructed to accommodate a total of 446 connections. The LEKT will utilize 400 connections, allowing for the additional hook ups under consideration. (2) No. The recently installed stormwater separation project was designed to handle the additional offset for CSO events. There will be no impact to the City's CSO issues. Issue #4: Has the National Park Service considered alternatives to utilizing the City's WWTP for the affected parcels? Yes. As outlined in the NPS commissioned study titled Wastewater Alternatives Analysis For Clallam County Properties In The Lower Elwha Valley. Ridolfi, Inc., September 17, 2008, the following alternatives were explored: 1. Develop a stand -alone collection and conveyance system to service all identified County properties; 2. Develop a stand -alone collection system for the County properties with connection to the LEKT's conveyance system; 3. On -site treatment at each parcel; Off Reservation Sewage Connections NPS Rev III September 13, 2011 Page 4 4. Connect all County properties into the LEKT collection and conveyance system. The last option was selected as the most cost effective and preferred solution. Issue #5: Who will be responsible for operating and maintaining the collection and transmission between the off reservation properties and the connection point to the City? The LEKT will operate and take responsibility for collection and administration of the sewage from the 17 parcels /46 EWMs (see City/LEKT/NPS e -mail chain dated May 17, 2011). This will include the responsibility for enforcement of the PAMC as if the connections were on the LEKT's property. The City will only be responsible for the infrastructure that is within the City limits, per the City/LEKT Agreement of May 2007, and sewage treatment. Through discussions, it is also understood that the LEKT will collect charges and pay the agreed upon funds to the City. Issue #6: What fees will be assessed? What rate structure will be imposed? System development /connection and consumption charges are recommended. City staff has developed the following fee structure alternatives for consideration: For utility service provided outside the City limits, the City's fundamental policy is to increase the monthly fee by 150 or some other percentage higher or lower, to reflect that service is being provided outside of the City limits. This is consistent with the City's long- standing ordinance. PAMC 13.65.040 (see attached). Rate Alternative #1: Utilize the same fee structure per the 2007 LEKT /City Agreement. This would be a hybrid commercial /industrial rate. The current commercial /industrial rate per PAMC 13.65.020 is $15.30 per month per EWM plus $4.60 per 100 cubic feet for the amount of metered water consumed by the user. Current Wastewater Rate Summary 2011 Commercial/Industrial Base: $11.20 Commercial/Industrial Base CSO (additive): $4.10 Commercial /Industrial each 100 cubic feet: $3.20 Commercial /Industrial each 100 cubic feet CSO (additive): $1.40 It is estimated that the average residential water user would consume 760 cubic feet per month of water. Each hundred cubic feet (CCF) would be charged at the commercial /industrial rate, without the CSO, currently estimated at $3.20. The monthly charge would be approximately $24.32 (760 cubic feet x $0.032). There would be no additional base charge because the LEKT is paying the base under the current agreement. Off Reservation Sewage Connections NPS Rev III September 13, 2011 Page 5 Alternative #2: Each EWM could be charged either the under 430 cubic feet of metered water consumed rate of $55.65, less the CSO additive of $15.75, for a rate of $39.90, or the equal to /over 430 cubic feet of metered water consumed rate of $61.90, less the CSO additive of $17.60, for a rate of $44.30. Alternative #2A/B: EWM charge including provisions of PAMC 13.65.040. Fee Alternatives per Connections Summary Rate Monthly Alternative #1 $3.20 per ccf $24.32 Alternative #2 $39.90 per month $39.90 Alternative #2 $44.30 per month $44.30 Alternative #2A' 150% times $39.90 $59.85 Alternative #2B' 150% times $44.30 $66.45 1 50% was utilized for comparison purposes. The onetime charges for each connection would be as follows: System Development Milwaukee Drive System Development Fee per Connection Units 46 46 Fee $2,260 $240 The current system development charge, per PAMC 13.69.040 (see attached) is $2,260.00 per EWM. The City has the option of requiring payment for all of the system development charges upfront or as citizens connect. This would also apply to the Connection Charges Milwaukee Drive Trunk Sanitary Sewer fee per PAMC 13.67 (see attached), $240 per EWM. If all 46 connection fees were paid upon execution of the agreement, the City would realize a payment of $115,000. The current LEKT /City agreement permitted payment when connections are made to the system. The LEKT opted to pay for all system development charges at one time because the City implemented an ordinance that increased the system development charges. The Milwaukee Drive fees have not been paid. If all connections were made on the first day of operations, the approximate total monthly revenue could be a minimum of $1,119 or $13,424 annually. The City's General Fund will benefit from this revenue stream. The Wastewater Utility will pay 8% of this revenue to the City's General Fund Account. This will potentially generate $1,075. Issue #7: Will the City collect all system development and Milwaukee Drive charges upfront or as connections are made to the system? What is the projected additional revenue to the City? Total $103,960 $11,040 Off Reservation Sewage Connections NPS Rev III September 13, 2011 Page 6 Issue #8: What documents will be needed to finalize the arrangements going forward: 1. Agreement between the City and the LEKT to extend sewage treatment services to the Parcels, 2. Clallam County Health Department declaration, 3. Utility Advisory Committee memorandum, and 4. City Council memorandum. Summary: It is recommended that the UAC forward a recommendation to the City Council to support the NPS sanitary sewer connection request contingent on reaching agreements on the issues outlined above. It is anticipated that the amended agreement will return to the UAC and Council late Winter /early Spring 2012. Attachments: Map of Parcels/EWM NPS letter (April 4, 2011) City/LEKT/NPS e -mail chain dated May 17, 2011 PAMC 13.65, Wastewater Service Rates PAMC 13.67, Connection Charges Milwaukee Drive Trunk Sanitary Sewer PAMC 13.69, Water and Sewer System Development Charges �.l 0 f Ali R1D0LFI Inc, J Atbh h'S ViNnuA aca.r y_couecucn hn 'e 1 I 0 Parcel #073126310000 28.21 Acres Zoned RCC3 Lower Elea Rd 5;' Parcel #073135220000 29.4 Acres Zoned RCC3 Parcel #073135220005 1.9 Acres Zoned RCC3 Parcel #073135230100 1.02 Acres Zoned RCC3 11 0 53 National Park Service Lower Etwha Valley Wastewater Collection and Conveyance Evaluation Parcel #073126310200 19 51 Acres Parcel #073135220200 Zoned RCC3 68 Acres Zoned RCC3 Parcel #073135220225 1 9 Acres Zoned RCC3 QI Parcel #073135510010 95 Acres Zoned R5 Es i Parcel #073135510020 90 Acres Zoned R5 Parcel #073135510030 1.0 Acres Zoned R5 Parcel #073135510040 1.0 Acres Zoned R5 n. Parcel #073135210050 1.21 Acres Zoned RCC3 Parcel #073135210000 5.31 Acres Zoned RCC3 o��B 500 Scale h Feet 17 Parcel equate to 46 REU's arcel #073135510050 1 27 Acres Zoned R5 I Parcel #073135510060 98 Acres a+ Zoned R5 Parcel #073135240000 5 32 Acres Zoned R5 September 2008 Impacted Properties on Clallam County Lands M the Lower Ehvha Valley Figure 1 IN REPLY RErER TO L7425 (OLYM -EL) April 4, 2011 Mr. Kent Myers, City Manager City of Port Angeles P.O. Box 1150 Port Angeles, Washington 98362 Dear Kent: United States Department of the Interior NATIONAL PARK SERVICE Olympic National Park 600 East Park Avenue Port Angeles, Washington 98362 -6798 RE _NED APR 7 1 CITY Of PORT t\MGELES Pilt3LiL F° 1RKF Removal of the Elwha and Glines Canyon Dams will eventually result in raised groundwater near the mouth of the Elwha River. To mitigate potential impacts to septic systems, the National Park Service (NPS) has begun construction of a vacuum sewer system that will collect wastewater from all affected parcels on the Lower Elwha Klallam Tribe's (Tribe) reservation. The wastewater will be pumped along a sewer force main to the existing City of Port Angeles (City) wastewater collection system, consistent with the May 30, 2007 agreement between the City and Tribe. Raised groundwater elevations will also occur on 17 parcels within Clallam County just outside the Tribe's reservation to the east and north, but within the same valley. The NPS has been discussing mitigation options for these county parcels with both your staff and staff from Clallam County. We believe the most cost effective, efficient, and environmentally -sound option is to connect these 17 parcels to the Tribe's collection system currently under construction. Please consider this letter NPS's formal request for the City to accept the wastewater from these 17 parcels. I understand that there are many steps that still need to be addressed, including those related to providing urban utility service to areas outside the City's urban growth area (UGA). The NPS has completed initial steps necessary to having the work be approved under the public health exception to the Growth Management Act. The process must be completed with the Clallam County Health Board. It would be helpful to meet with your staff to review the planning status. and to identify next steps. If you have any questions or concerns, please contact me or Scott McCollough, Project Manager, at 303 969 -2939. Thank you for your continued support of Elwha River restoration. Sincerely, l e karen Gustin Superintendent cc: Glenn Cutler City of PA Robert Elofson LEKT Gene Unger From: Robert Elofson <Robert.Elofson @elwha.nsn.us> Sent: Tuesday, May 17, 2011 3:38 PM To: Glenn Cutler Cc: Latrisha 011om- Suggs; Steve Suagee; Trent Crable Subject: RE: Off Reservation Sewer Connections Glenn, That was the only communication sent but it was sent to Brian Winter, our attorney and our council and is the official Council position as decided at a regular Business Committee Meeting. Robert From: Glenn Cutler [maiito:GCUTLER @cityofpa.us] Sent: Tuesday, May 17, 2011 11:53 AM To: Robert Elofson Cc: Latrisha 011om- Suggs; Steve Suagee; Trent Crable Subject: Off Reservation Sewer Connections Robert, Thx for sending. Was a letter sent as well or is the only documentation forwarded to the NPS? LMK. Thx...Glenn Glenn A. Cutler, P.E. Director of Public Works and Utilities City of Port Angeles 321 East Fifth Street P.O. Box 1150 Port Angeles, WA 98362 -0217 Voice: 360- 417 -4800 FAX: 360-417-4542 E -mail: ocutlertacitvofoa.us From: Robert Elofson mailto :Robert.Elofson @elwha.nsn.us] Sent: Tuesday, May 17, 2011 11:13 AM To: Glenn Cutler Cc: Latrisha 011om- Suggs; Steve Suagee; Trent Crable Subject: FW: From: Robert Elofson Sent: Tuesday, November 02, 2010 10:07 AM To: Jeff Bohman @nps.gov Cc: Brian_Winter @nps.gov; elwha council; Latrisha 011om- Suggs; Steve Suagee Subject: November 2, 2010 1 Jeff, 1 wanted to make sure that the Lower Elwha Tribe's position on connecting the off reservation County Properties to our wastewater system is understood. We want the Clallam County properties hooked up to the new wastewater system because we do not want future negative health impacts to Tribal groundwater, the Elwha River Estuary or the restored nearshore ecosystem. We believe that the chance for these negative impacts will be much greater if the County properties are allowed to remain on their existing septic systems instead of connecting to the new wastewater system. Sincerely, Robert Elofson Elwha River Restoration Director Lower Elwha Klallam Tribe 2 Sections: 13.65.005 13 65.006 13 65.010 13.65.020 13.65.030 13.65 040 Chanter 13.65 WASTEWATER SERVICE RATES Wastewater Rate. Rate Class Assignment. Single Residential Unit Monthly Rate. Commercial and Industrial Rate. Commercial and Industrial Equivalent Plumbing Fixture Rate Rate for Customers Outside City Limits. 13.65.005 13.65.020 13 65 005 Wastewater Rate. The monthly rate for wastewater service shall be in accordance with Sections 13 65.010 through 13.65.030. The monthly rate established in Sections 13.65.010 through 13.65.030 includes all applicable taxes (Ord 3341, 1/112009) 13.65.006 Rate Class Assignment. The Director of Public Works and Utilities, or his designee, shall assign each customer to a rate class. (Ord 3341, 1/1/2009) 13.65.010 Single Residential Unit Monthly Rate. A. Each residential unit and each living unit connected to the Citywastewater collection, treatment, and disposal system shall be charged a monthly customer charge during months in which water is consumed, except when exempt by 13.61.090 PAMC. This section shall not apply to a residential connection to the City water system for agricultural and irrigation purposes in accordance with 13 44.050 PAMC. B. The rate for customers whose monthly water consumption equals or exceeds 430 cubic feet, and for customers in the unincorporated EUGA shall be $61.90. C. The rate for customers whose monthly water consumption falls below 430 cubic feet shall be $55 65. (Ord. 3414 §3 (part), 01/03/2011, Ord. 3380 §5, 1/04/2010; Ord 3341, 1/1/2009, Ord 3274 §3, 6/01/2007, Ord. 3227 §1 (part), 1/01/2006, Ord. 3174 §1 (part), 11/26/2004, Ord. 3065, 12/06/2000, Ord. 3030 §1 (part), 11/26/1999; Ord. 2872 §1 (part), 6/30/1995; Ord. 2819 §1, 7/6/1994; Ord. 2685 §1, 4/19/1992; Ord. 2643 §1, 7/15/1991; Ord. 2571 §1, 4/1/1990; Ord. 2526 §1, 4/1/1989; Ord 2482 §1, 4/1/1988; Ord 2437 §1, 3/1/1987; Ord. 2394 Ch. VI §1, 6/2/1986) 13 65.020 Commercial and Industrial Rate Each commercial and industrial wastewater customer connected to the City wastewater collection, treatment, and disposal system, including commercial and industrial waste water customers in the unincorporated EUGA, except when exempt by 13 61.090 PAMC, shall be charged $15 30 per month plus $4 60 per 100 cubic feet for the amount of metered water consumed by the user in the billing period. This section shall not apply to a commercial connection to the City water system for agricultural and irrigation purposes in accordance with 13.44.050 PAMC. (Ord. 3414 §3 (part), 01/03/2011; Ord. 3380 §5, 1/04/2010; Ord 3341, 1/1/2009; Ord. 3274 §4, 6/01/2007; Ord. 3227 §1 (part), 1/01/2006, Ord. 3174 §1 (part), 11/26/2004, Ord. 3065, 12/06/2000; Ord. 3030 §1 (part), 11/26/1999, Ord. 2872 §1 (part), 6/30/1995; Ord 2643 §1, 7/15/1991; Ord 2571 §1, 4/1/1990; Ord. 2482 §2, 4/1/1988; Ord. 2437 §1, 3/1/1987; Ord. 2394 Ch. VI §2, 6/2/1986) 6/2011 13 134 13.65 030 13.65.030 Commercial and Industrial Eauivalent Plumbing Fixture Rate. A commercial and industrial wastewater customer, at its option, may apply in writing to the Department ofPublic Works and Utilities to have their wastewater charges calculated at $5.05 times the total number of equivalent plumbing fixtures The total number of Equivalent Plumbing Fixtures shall be calculated, based upon the following table, which is hereby adopted from the United States of America Standards Institute National Plumbing Code, USASI, A40.8 -1955. EQUIVALENT PLUMBING FIXTURE UNITS EQUIVALENT PLUMBING FIXTURE TYPE FIXTURE UNITS One bathroom group consisting of tank operated water closet, lavatory, and bathtub or shower stall 6 Bathtub (with or without overhead shower) 2 Bidet 3 Combination sink and -tray 3 Combination sink- and -tray with food disposal unit 4 Dental unit or cuspidor 1 Dental lavatory 1 Drinking fountain Dishwasher, domestic 2 Floor drains 1 Kitchen sink, domestic 2 EQUIVALENT PLUMBING FIXTURE TYPE FIXTURE UNITS Kitchen sink, domestic, with food waste grinder 3 Lavatory 1 Lavatory 2 Lavatory, barber, beauty parlor 2 Lavatory, surgeon's 2 Laundry tray (1 or 2 compartments) 2 Shower stall, domestic 2 Showers (group) per head 3 13 135 6/2011 EQUIVALENT PLUMBING FIXTURE TYPE FIXTURE UNITS 400 -1b. commercial washer 89.6 200 -Ib. commercial washer 44.8 50 -lb. commercial washer 11.2 35 -1b. commercial washer 7.8 25 -1b commercial washer 5.6 18 lbs and under commercial washer 4.0 (Ord. 3414 §3 (part), 01 /03/2011; Ord. 3380 §5, 1/04 /2010; Ord 3341, 1/1/2009; Ord. 3227 §1 (part), 1/01/2006; Ord 3174 §1 (part), 11/26/2004; Ord. 3065, 12/06/2000; Ord. 3030, §1 (part), 11/26/1999, Ord. 2872 §1 (part), 6/30/1995; Ord. 2819 §1, 7/6/1994, Ord 2643 §1, 7/15/1991, Ord. 2571 §1, 4/1/1990; Ord. 2482 §3, 4/1/1988; Ord. 2526 §1, 4/1/1989; Ord 2437 §1, 3/1/1987, Ord. 2394 Ch. VI §3, 6/2/1986) Sinks Surgeon's 3 Flushing rim (with valve) 8 Service (trap standard) 3 Service (P trap) 2 Pot, scullery, etc. 4 Urinal, pedestal, syphon jet, blowout 8 Urinal, wall lip 4 Urinal stall, washout 4 Urinal trough (each 2 -ft. section) 2 Wash sink (circular or multiple) each set of faucets 2 Water closet, tank operated 4 Water closet, valve- operated 8 In addition to the above units, the following fixture types shall be assigned equivalent plumbing fixture units as follows: 13.65.040 Rate for Customers Outside City Limits. All wastewater, customers outside the City limits shall be charged at the rate of 150% of the schedule for rates and charges as set forth herein or as amended. This section shall not apply to wholesale contracts to serve customers outside the City limits and customers in the unincorporated EUGA. (Ord 3341, 1/1/2009, Ord. 3274 §5, 6/01/2007; Ord. 2571 §1, 4/1/1990; Ord. 2437 §1, 3/1/1987; Ord. 2394 Ch. VI §4, 6/2/1986) 6/2011 13 136 13.65.030 13 65 040 13.67.010 13.67.050 Sections: Chanter 13 67 CONNECTION CHARGES MILWAUKEE DRIVE TRUNK SANITARY SEWER 13 67.010 Milwaukee Drive Trunk Sewer Connection Charge Established 13.67 020 Milwaukee Drive Trunk Sewer Connection Charge Amount. 13.67.030 Addition to Other Charges. 13.67.040 Milwaukee Drive Trunk Sewer Connection Charge When Collected. 13.67.050 Milwaukee Drive Trunk Sewer Connection Charge Distribution of Funds Received. 13 67.060 Interest Charge. 13.67 070 Notice. 13.67.010 Milwaukee Drive Trunk Sewer Connection Charge Established. There is hereby established a charge for connection to the Milwaukee Drive trunk sanitary sewer, which will be charged for all new sewer service connections to the sanitary sewer trunk line constructed by the City in Milwaukee Drive between 10th Street and 18th Street. (Ord. 2618 §1, 11/16/1990) 13.67 020 Milwaukee Drive Trunk Sewer Connection Charge Amount. The Milwaukee Drive trunk sewer connection charge shall be $150, multiplied by the equivalent water meter factor as defined in PAMC 13.69.050 (Ord. 3008 §2, 1/29/1999, Ord 2618 §2, 11/16/1990) 13 67.030 Addition to Other Charges. The Milwaukee Drive trunk sewer connection charge imposed pursuant to this Chapter shall be in addition to the connection charge for the actual cost of connecting to the City's sewer system, the tapping fee, the secondary sewer assessment, and to all other charges imposed by ordinance (Ord 2618 §3, 11/16/1990) 13 67.040 Milwaukee Drive Trunk Sewer Connection Charge When Collected. The Milwaukee Drive trunk sewer connection charge shall be paid upon application for a sewer permit. Connection to the system shall not be made until the Milwaukee Drive trunk sewer connection charge, standard connection charges, the tapping fee, the secondary sewer assessment, and any other charges imposed by ordinance have been paid. (Ord. 2618 §4, 11/16/1990) 13.67.050 Milwaukee Drive Trunk Sewer Connection Charge Distribution of Funds Received. The proceeds from the Milwaukee Drive trunk sewer connection charge shall be deposited in the Solid Waste Utility Fund until the sum of $125,000 has been deposited; thereafter, such charges shall be deposited in the Water /Sewer Utility Fund. (Ord. 2618 §5, 11/16/1990) 13 139 6/2011 13.67.060 13.67.070 13 67.060 Interest Charge, Pursuant to RCW 35.92.025, there shall be added to the amount of trunk sewer connection charge provided for in this Chapter, a charge for interest on the amount of each charge, from the date of construction of the trunk sewer line until payment of the trunk sewer connection charge, not to exceed ten years. The interest charged shall be calculated at a rate determined by the Finance Director The interest charged shall be calculated at a rate which is commensurate with the rate ofinterest applicable to borrowing by the City at the time of construction of said trunk sewer line. The interest rate shall not exceed ten percent per year unless authorized by amendment of applicable State law. The total interest charge shall not exceed the amount of the trunk sewer connection charge unless authorized by amendment of applicable State law. (Ord. 2618 §6, 11/16/1990) 13.67.070 Notice The City shall record appropriate notice with the County Auditor concerning real property which has been specifically identified by the City Engineer and approved by the City Council as property for which the Milwaukee Drive Trunk Sewer Line has been constructed, for which a special connection charge will be levied upon connection of such property to the City sewer system, pursuant to the requirements of RCW 65.08.170 and RCW 65.08.180. Such notice shall be effective until there is recorded with the County Auditor a certificate of payment and release executed by the City, which certificate shall be recorded by the owner at the owner's expense within thirty days of full payment of such special connection charge. (Ord. 2618 §7, 11/16/1990) 6/2011 13 140 Sections: Chanter 13 69 WATER AND SEWER SYSTEM DEVELOPMENT CHARGES 13.69.010 Purpose. 13.69.020 Definition. 13.69.030 Water System Development Charge. 13.69.040 Sewer System Development Charge. 13 69.050 Equivalent Water meter Factors. 13.69.060 Addition to Other Charges 13.69.070 Collection of System Development Charges. 13 69.080 Exemption. 13 69.090 Credit for Inclusion of Property in Local Improvement District. 13.69.100 Review of System Development Charge Rates 13.69.110 Penalty 6/2011 13 146 13.69 010 13.69 030 13.69.010 Purpose. The City Council has determined that it is reasonable and in the public interest to enact and impose a "system development charge" pursuant to RCW 35.92.025 for the purpose of recovering a proportionate share of the actual capital costs of water and sewer facilities from those properties within the utility service area which, as a part of their development and use, create needs for those facilities. (Ord. 2746 §1, 2/12/1993) 13.69.020 Definition. "Equivalent water meter" shall mean a water service connection to a residential unit, commercial use, or industrial use, consisting ofa 3/4" or 1" diameter service line with a 5/8" or 3/4" meter. (Ord 3265 §4, 1/1/2007, Ord. 2746 §2, 2/12/1993) 13.69.030 Water System Development Charue. A. The City Council hereby finds and determines that the capital cost of the City's water system including pumps, well, distribution and transmission lines, reservoirs, rights of ways and easements, has been borne by the City and its water system users. Pursuant to RCW 35.92.025, since such water system will be utilized by newly connecting properties, it is appropriate to establish a reasonable connection charge in order that such property owners bear their equitable share of the capital cost of the system. B. Beginning January 1, 2010, the City Council determines that $1,980 00, which includes all applicable taxes, per equivalent water meter represents a reasonable basis for a fair water system development charge that property owners newly connecting to the City's water system should bear as their equitable share of the capital cost of the system. Beginning January 1, 2011, the City Council further determines that $2,260.00, which includes all applicable taxes, per equivalent water meter represents a reasonable basis for a fair water system development charge that property owners newly connecting to the city's water system should bear as their equitable share of the capital cost of the system. C In addition to other fees imposed by ordinance or pursuant to agreements, there is hereby imposed, upon the owners of property seeking to provide water service to their property by connecting to the City's water system, a water system development charge determined by multiplying the total number of equivalent water meter factors for the service(s) to be installed by the amount specified in 13.69.030B (Ord. 3380 §6, 1/04/2010; Ord 3342, 1/1/2009; Ord. 3226 §5, 1/01/2006, Ord 3068, 12/06/2000; Ord. 3035 §1 (part), 11/26/1999; Ord. 2888 §1, 9/29/1995; Ord. 2746 §3, 2/12/1993) 13.69.040 13 69.060 13 69.040 Sewer System Development Charge. A. The City Council hereby finds and determines that the capital cost of the City's sewer system including the treatment plant, collection lines, pump stations, rights of ways and easements, has been borne by the City and its sewer system users. Pursuant to RCW 35.92 025, since such sewer system will be utilized by newly connecting properties, it is appropriate to establish a reasonable connection charge in order that such property owners bear their equitable share of the capital cost of the system. B. The City Council determines that beginning January 1, 2010, $1,980.00, which includes all applicable taxes, per equivalent water meter represents a reasonable basis for a fair sewer system development charge that property owners newly connecting to the City's sewer system should bear as their equitable share of the capital cost of the system. The City Council further determines that beginning January 1, 2011, $2,260.00, which includes all applicable taxes, per equivalent water meters represents a reasonable basis for a fair sewer system development charge that property owners newly connecting to the City's sewer system should bear as their equitable share of the capital cost of the system. C. In addition to other fees imposed by ordinance or pursuant to agreements upon the owners of property seeking to provide sewer service to their property by connecting to the City's sewer system, they shall pay to the City a sewer system development charge determined by multiplying the total number of equivalent water meter factors for the water service, which contributes to sewer system loadings, to be installed by the amount specified in Paragraph B above. (Ord. 3380 §6, 1/04/2010; Ord 3342, 1/1/2009; Ord 3227 §2, 1/01/2006; Ord. 3068, 12/06/2000; Ord. 3035 §1 (part), 11/26/1999; Ord. 2888 §2, 9/29/1995; Ord. 2746 §4, 2/12/1993) 13 69.050 Equivalent Water Meter Factors. The equivalent water meter factors for determining the proportional equivalent of various sizes of water meters to a 3/4" or 1" diameter service line with a 5/8" meter shall be in accordance with the following data provided in AWWA Standard C700 -77: Meter Size Operating Equivalent Water finches) Capacity(gpm) Meter Factor 5/8 20 1 00 3/4 30 1.50 1 50 2 50 1 -1 /2 100 5.00 2 160 8.00 3 300 15 00 4 500 25.00 6 1,000 50 00 8 1,600 80 00 If the actual water meter size installed is increased to provide for fire sprinkler installation, then the Director of Public Works Utilities shall determine the appropriate equivalent water meter factor based upon a standard installation for the use without fire sprinklers. (Ord 3265 §4, 1/1/2007, Ord. 2746 §5, 2/12/1993) 13.69.060 Addition to Other Charges. The system development charge for water and sewer imposed pursuant to this Ordinance shall be in addition to any permits and the connection charge or tap charge for the actual cost of connecting to the City's water and /or sewer systems and to all other charges imposed by ordinance (Ord. 2746 §6, 2/12/1993) 13 147 6/2011 13.69.070 13 69 110 13.69.070 Collection of System Development Charges. The system development charges imposed in this Ordinance shall be payable at the time application for a sanitary sewer service and/or water service connection is made. Charges so collected shall be considered revenue of the water /wastewater utility to be used solely for capital improvements. The connection shall not be made until all charges have been paid. (Ord 2746 §7, 2/12/1993) 13 69 080 Exemption 11 To such charge shall be made where the owner or previous owner of the property paid for the water main or sewer line giving service to the property by special assessment or lump sum payment. (Ord. 2746 §8, 2/12/1993) 13.69.090 Credit for Inclusion of Property in Local Improvement District. If the property for which a system development charge has been paid is subsequently included in a local improvement district for the construction of sewers and /or water mains ofa similar nature, the amount so paid shall be credited to the assessment against such property and such amount shall be paid from the water /sewer fund to such improvement district fund. (Ord. 2746 §9, 2/12/1993) 13.69.100 Review of System Development Charee Rates. The system development charge for water and sewer imposed by this Ordinance shall be periodically reviewed by the City Council and the rates charged shall be revised to reflect changes in the capital cost of the systems occurring since the preceding review. (Ord. 2746 §10, 2/12/1993) 13.69 110 Penalty. In the event any connection to the City water or sewer system is made without paying the fees required by this Ordinance, the owners of the property to which the connection is made shall be required to pay a fine in the amount of two hundred fifty dollars. Utility service shall be terminated until all fees and penalties owing have been paid. (Ord 3265 §4, 1/1/2007, Ord. 2746 §11, 2/12/1993) 6/2011 13 148 oRT NGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: September 13, 2011 To: Utility Advisory Committee From: Larry Dunbar, Deputy Director of Power Systems Subject: Industrial Transmission Electric Rate Ordinance Amendments Summary: The Bonneville Power Administration Tiered Rate Methodology goes into effect October 1, 2011. Staff efforts to negotiate a power sales agreement with the City's Industrial Transmission customer were not successful and amendments to the Industrial Transmission rate ordinance are necessary. Recommendation: Forward a favorable recommendation to City Council to adopt the proposed Industrial Transmission electric rate ordinance amendments. Background /Analysis: On July 12, 2011, staff informed the Utility Advisory Committee that efforts to negotiate a power sales agreement with the City's Industrial Transmission customer were not successful, and that amendments to the Industrial Transmission rate ordinance would be necessary. On August 9, 2011, staff returned to the Utility Advisory Committee with the proposed ordinance amendments. On September 6, 2011, staff presented the proposed ordinance amendments to City Council which included the quantities that were not available at the August 9, 2011 Utility Advisory Committee meeting. At today's meeting, staff will summarize the changes made to the draft ordinance amendments since the August 9, 2011 meeting and the comments received since the September 6, 2011 public hearing. The next step is to continue the public hearing on September 20, 2011 at which time the public hearing will be closed. The proposed ordinance amendments need to be adopted by City Council prior to October 1, 2011 when the Bonneville Power Administration's new Tiered Rate Methodology goes into effect. Staff recommends that the Utility Advisory Committee forwards a favorable recommendation to City Council to adopt the proposed Industrial Transmission electric rate ordinance amendments. Atachment: Proposed Industrial Transmission Electric Rate Ordinance Amendments N. \UAC\Final \IT Electric Rate Ordinance Amendment doc ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising portions of Chapter 13.12 of the Port Angeles Municipal Code relating to purchase and sale of electricity. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Part E of Section 13.12.071 of the Port Angeles Municipal Code, establishing the rate for Industrial Transmission customers, and Ordinance 2173, as amended, are hereby amended to read as follows: 13.12.071 Schedule IT 03 Industrial Transmission. E. Rats: The rate shall be the total of the following: Monthly Basic Charge: The Basic Charge 2. Geneses: 3. Transmission Charges: The monthly wholesale transmission Other Charges and Credits: Any other wholesale generation or IZ any-ether-apialicalale-taxe E. Taxcs: An amount calculatcd to rccovcr the acts obligation 13.12.071 Schedule IT -11 Industrial Transmission E. Rate and Charaes: The rates and charaes for service hereunder is the sum of the amounts determined in accordance with sections 2 -11 for each month. 1 Definitions Initially capitalized words used herein have the meaning set forth in the BPA Aareement. the Tiered Rate Methodoloay. or as defined below. "BPA" means the Bonneville Power Administration. —1— "BPA Aareement" means the aareement between the City and BPA. dated December 1. 2008. Contract No 09PB- 13093. as amended from time to time. "CHWM" means the City's Contract Hiah Water Mark. "Customer" means the person or entity that purchases power from the City. usina the service aoverned by this Section "Customer" may hereafter be abbreviated as "Cu." "Customer Facility" means facilities or premises owned by the Customer and served by power purchased pursuant to this Section. "Demand" means the amount of energy delivered to the Customer at the Point of Delivery (as measured in whole kilowatts) intearated over the 60- minute period durina the City's CSP. For p urposes of such calculation. the 60- minute periods shall beain at the beainnina of each whole hour and run for 60 cons ecutive minutes until the end of such whole hour. "Network Aareement" means the aareement between the City and the BPA. dated September 20. 2006. Contract No OTX- 124433. as amended from time to time. "Tiered Rate Methodoloav" means BPA's policy for calculatina wholesale power rates. adopted in the Administrator's Final Record of Decision issued in September. 2009. and as amended from time to time. 2. Elements For Calculatina Rates and Charaes. A. Cu CHWM Customer will have a CHWM amount "Cu CHWM") of 53.351 aMW. B. Cu CDQ Customer will have the following monthly CDQs "Cu CDQ" as follows: January February March April May June 14.760 kW 11.974 kW 14.913 kW 14 913 kW 22.190 kW 13.546 kW -2- July Auaust September October November December 14 238 kW 15.113 kW 13.541 kW 19.262 kW 14.423 kW 7.366 kW 3. Customer Charae NCC rCuCHWM CHWM1 X CMCC Where: NCC is the portion of the City's Customer Charaes for a month to be paid by Customer. CuCHWM is the amount set out in section 2(A) above CHWM is 86.775 aMW. CMCC is the City's Customer Charge for each month. No credit on the NCC will be given or paid for usina electricity in amounts Tess than the Cu CHWM. CDQ. 4. Demand Charaes For Service. DC [(Cu CSP Cu AHLH) Cu CDQ1 X DR Where: DC is the Demand Charaes for a month apportioned to Customer for payment Cu CSP is the Demand of the Customer Facility (in kilowatts) durina the City's CSP in each month. Cu CDQ is the amount set out in section 2 above. Cu AHLH is the averaae of the Customer Facility's actual hourly Tier 1 Toads durina the HLH in each month in kilowatts. DR is the Demand Rate charaed to the City. No credit will be aiven or paid for usina Demand in amounts less than the Cu 5. Load Shapina Charaes and Credits Cu LSC (Cu AL Cu SSL) X LSR Where: Cu LSC is the net of the Load Shapina charaes and credits for a month apportioned to Customer. with Customer oavina net Load Shaping charaes to the City. and the City paving net Load Shapina credits to Customer. less an amount calculated by the City usina the Load Shapina Adiustment True -Up Rate. Cu AL is Customer's monthly HLH and LLH loads Cu SSL is Customer's Shaped System Load as set out below: LSR is the Load Shapina Rate applicable to HLH and LLH periods. HLH SSL LLH SSL January February March April May June 24.411.883 kWh 20.686.348 kWh 20.588.310 kWh 15.887.258 kWh 29.440.524 kWh 25.591.310 kWh —3— July Auaust September October November December 28.544.413 kWh 23.652.232 kWh 22.214.195 kWh 21.099 058 kWh 24.958.099 kWh 24.807.835 kWh January 16.112 654 kWh July 13.922.019 kWh February 13.028.2Rfi_kWh August 12.395.352 kWh March 13.375.050 kWh September 13.001.934 kWh April 10.666.709 kWh October 11.960.024 kWh May 17.788.156 kWh November 15.517.915 kWh June 14.222.163 kWh December 15.552.153 kWh If the City pays or receives a Load Shapina Charae True -Up Adiustment charae or credit in any Fiscal Year. then a pro -rata portion of such charge or credit will be apportioned to Customer as determined by the City. plus an amount calculated by the City using the Load shaping Adiustment True -Up Rate. 6. Settina Off Charaes and Credits: If for any month the City and Customer are each reauired to pay any amount under sections 2 throuah 11. then the City will aaareaate such amounts with respect to each party. and the party owina the areater aaareaate amount will pay to the other nartv the difference between the amounts owed. 7. Rates and Charaes For Service: The City has no obliaation to provide service to the Customer Facility in excess of Cu CHWM and its Cu CDQ. If the Customer Facility takes service in excess of its Cu CHWM and /or its Cu CDQ. Customer will pay the City the all costs. charaes. surcharaes. and penalties attributable to such service. 8. Additional Charaes: In addition to the charaes calculated above. Customer shall pay to the City each month all costs. charaes. surcharaes. adiustment charaes and penalties. and conditions incurred by the City and attributable to Customer includina but not limited to those applicable under the BPA Aareement. the TRM BPA rate schedules and aeneral rate schedule provisions. Network Aareement. tariffs_ and aeneral rate schedule provisions. 9. Basic Charae: Customer will pay to the City a Basic Charae of $3.800.00 per month. 10. Transmission Charaes: The monthly wholesale transmission cost to the City based on the metered enerav and demand associated with nrovidina service hereunder. 11. Taxes: An amount calculated to recover the actual tax obliaation of the Electric Utility and City for State Public Utilities tax and City Public Utility tax and any other applicable taxes. Section 2. Part C of Section 13.12.080 of the Port Angeles Municipal Code, establishing contract sales and purchases, and Ordinance 2431, as amended, are hereby amended to read as follows: 13.12.080 C. The Director or Deputy Director for Power Systems of the Public Works and Utilities Department shall have the authority to enter into contracts for the sale and purchase of REWIfiFR4 energy and demand, provided that the City Manager, Mayor and Councilmembers of the Utility Advisory Committee are notified, and provided that such contracts have a term of no more than one year and the energy sold or purchased does not exceed 40,000 megawatt hours. -4- 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, ordinance numbering, section /subsection numbers and any references thereto. Section 4 Severabilitv. 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 12:01 A.M., October 1, 2011. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of September, 2011. ATTEST: Janessa Hurd, City Clerk William E. Bloor, City Attorney PUBLISHED: 2011 By Summary G \LEGAL\A 9/1/2011 ORDINANCES &RESOLUTIONS \ORDINANCES 2011\20 CHAPTER 13 12 08 22 11 DOCX MAYOR, DAN DiGUILIO APPROVED AS TO FORM: W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: September 13, 2011 To: Utility Advisory Committee From: Randall C. Brackett, Deputy Director of Operations Subject: Solid Waste Processing Facility Development and Management Services Agreement Amendment Summary: Blue Mountain Transfer Station is operated by Waste Connections of Washington, Inc. The City's Agreement with Waste Connections requires fees collected to be paid to the City within ten calendar days following the end of each month. This amendment allows a modest increase in time by not including weekends or holidays as part of the ten day period. Recommendation: Forward a favorable recommendation to City Council to approve and authorize the City Manager to sign an amendment to the Solid Waste Processing Facility Development and Management Services Agreement with Waste Connections of Washington, Inc. to allow ten business days to make payment to the City for receipts collected from the Blue Mountain Transfer Station, and to make minor modifications to the amendment if necessary. Background /Analysis: Waste Connections of Washington, Inc., operates the Blue Mountain Transfer Station through a service agreement contract with the City. Waste Connections is responsible for collecting fees for disposal of the municipal solid waste. The collected fees are then to be paid to the City by wire transfer by the 10 day of the following month. An audit report identified that there were four occasions when Waste Connections failed to make the payment deadline within the past six months. City staff met with Kent Kovalenko, Operations Manager for Waste Connections on July 26, 2011 to discuss the issue of making timely payments. Mr. Kovalenko explained that payment requests are processed locally, then regionally, and then wire transferred from the corporate headquarters in California. Holidays add further delays. To resolve this issue, staff recommends revising contract language to allow more time for payment by redefining the ten days to ten business days. This amendment also provides an opportunity to make a minor change clarifying the timestamp of transactions. A copy of the proposed contract amendment is provided. Staff recommends that the UAC forward a favorable recommendation to City Council to approve and authorize the City Manager to sign an amendment to the Solid Waste Processing Facility Development and Management Services Agreement with Waste Connections of Washington, Inc. to allow ten business days to make payment to the City for receipts collected from the Blue Mountain Transfer Station, and to make minor modifications to the amendment if necessary. N. \UAC\Final \Solid Waste Processing Facility and Management Services Agreement Amendment doc Legal Dept.08.25.11 AMENDMENT TO SOLID WASTE PROCESSING FACILITY DEVELOPMENT AND MANAGEMENT SERVICES AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND WASTE CONNECTIONS OF WASHINGTON, INC. THIS AMENDMENT to the Solid Waste Processing Facility Development and Management Services Agreement dated April 5, 2005 is made this day of 2011, by and between the City of Port Angeles, a Washington municipal corporation, hereinafter the "City and Waste Connections of Washington, Inc., a Washington corporation, hereinafter the "Contractor IN CONSIDERATION of the representations and the agreements set forth herein, the parties agree that the Agreement shall be amended as follows: REPRESENTATIONS: 1. On April 5, 2005, the City and Contractor entered into the Solid Waste Processing Facility Development and Management Services Agreement. That Agreement is incorporated herein by this reference and hereafter may be referred to as "the Agreement 2. The parties agree that it is in their mutual benefit to amend Section 13.1(c) of the Agreement to better express the mutual intent of the parties. 3. Except as expressly stated below, and as previously amended by written agreement, the Agreement is ratified and confirmed AGREEMENTS: A. Section 13.1(c) of the Agreement dated April 5, 2005 is amended by changing the language in the first paragraph of Section 13.1(c) as follows: (c) The Contractor shall provide each and every Drop Box Facility Commercial Hauler and Customer a serialized receipt for Disposal Charges at the Drop Box Facility, with copies retained by the Contractor in accordance with the Agreement, in order that the City may accomplish an audit of the transactions. Within ten (10) business days following the end of each month, the Contractor shall provide the City's Authorized Representative a written list and electronic copy (in a format to be specified by the City's Authorized Representative) of all serialized receipts and Disposal Charges collected by -1- Legal Dept.08.25.11 By Name: Title: CITY OF PORT ANGELES By Kent Myers City Manager the Contractor from Customers using the Drop Box Facility for the previous month accompanied by Contractor payment to the City in the full amount of said Disposal Charges. S�> vi�c, Cu�lv>iio> aiiival ti w�iglit, wab tL t ypc an Dip ma Clidig�. Each serialized receipt shall include the date and time of service. net weivht, waste tune. navment method. and Disposal Charee. AGREED TO BETWEEN THE PARTIES and effective on the last date written below. WASTE CONNECTIONS OF WASHINGTON, INC. G \LEGAL\a AGREEMENTS &CONTRACTS\2011 Agmts&Conteacts \SOLID WASTE Amendment 08 18 11 wpd 2 Date Date ATTEST APPROVED AS TO FORM By: Janessa Hurd By: William E. Bloor City Clerk City Attorney pORTANGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: September 13, 2010 To: Utility Advisory Committee From: Larry Dunbar, Deputy Director of Power Systems Subject: Utility Rate Studies Presentation Summary: FCS Group completed the last comprehensive rate studies for the Electric, Water, Wastewater, Solid Waste Collection and Transfer Station utilities. A presentation will be made at today's meeting on the recommended retail rate and fee adjustments for 2012. Recommendation: Forward a favorable recommendation to City Council to proceed with a public hearing on utility rate and fee adjustments for the Electric, Water, Wastewater, Solid Waste Collection, Transfer Station, and Stormwater Utilities. Background /Analysis: FCS Group completed the last comprehensive rate studies for the Electric, Water, Wastewater, Solid Waste Collections, and Solid Waste Transfer Station utilities. Staff has updated the studies and has not used a consultant during the last three years. Staff will present its findings and recommendations on this year's rate studies at today's meeting. Following a presentation, staff will seek the recommendation of the Utility Advisory Committee to City Council to proceed with a public hearing on the utility rate and fee adjustments for the Electric, Water, Wastewater, Solid Waste Collection, Transfer Station, and Stormwater Utilities. The proposed City Council public hearing is October 4, 2011 for a presentation of the rate studies and to allow public input to the process after the presentation. The public hearing would be continued to October 18, 2011 at which time the public hearing will be closed. Staff will return to the Utility Advisory Committee on October 11, 2011 requesting a recommendation to City Council to adopt rate and fee ordinance amendments. The proposed rate and fee adjustments for each utility would be effective on Monday, January 2, 2012. N \UAC\Final \Utility Retail Rate and Fee Adjustments doc pQRT NGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: September 13, 2011 To: Utility Advisory Committee From: Larry Dunbar, Deputy Director of Power Systems Subject: Advanced Metering Infrastructure System Phase I Report Summary: The City and Mueller Systems entered into an agreement to provide the Advanced Metering Infrastructure System on December 22, 2010. As part of the City Council approval staff was directed to provide a Phase I report on the number of meter repairs that were required. Phase I included approximately 1,000 electric meter and 1,000 water meter installations, 11 communications collectors, 50 demand response installations, and the software integration. The purpose of Phase I was to perform a trial of the Implementation Plan, then make adjustments based on lessons learned prior to proceeding with Phase II. The scope of work is taking longer to complete due to a delay in receiving a Federal Communications Commission certification, network routing, and a more difficult than anticipated software integration. Recommendation: For information only, no action requested. Background /Analysis: The City and Mueller Systems entered into an agreement to provide the Advanced Metering Infrastructure System on December 22, 2010. As part of the City Council approval staff was directed to provide a Phase I report on the number of meter repairs that were required. Phase I included approximately 1,000 electric meter and 1,000 water meter installations, 11 communications collectors, 50 demand response (DR) installations, and the software integration. Below is a summary of the results of the Phase I installation to date: 1. What went well during Phase I: a. Significantly less meter repairs were actually required than estimated (only 11 electric meter repairs and 1 water meter repair occurred resulting in a total cost of $8,265 of which the City paid $4,630). However, the average age of electrical services in the Phase I project area may be less than typical. Staff worked closely with effected customers and adjusted repair deadlines to meet special circumstances. b. Field verification of all meter installations was completed to determine if the safeguards put in place would catch any installation errors that would result in an incorrect bill for a customer. A few errors were discovered and corrected prior to any incorrect utility bills being sent out. The overall average error rate was approximately 5 N: \UAC\Final\AMI System Phase I Report.doc Advanced Metering Infrastructure System Phase I Report September 13, 2011 Page 2 c. Installations proceeded quickly with minimal customer complaints. d. The purpose of Phase I was to perform a trial of the Implementation Plan, then make adjustments based on lessons learned prior to proceeding with Phase II. Phase I successfully identified some improvement opportunities in the Implementation Plan and appropriate revisions will be made to improve the effectiveness and efficiency of the remaining scope of work. 2. What did not ao as expected durine Phase I: a. Some installation training deficiencies occurred where the process for the meter installation was not effectively communicated to the installer. b. Water meter gaskets for slightly misaligned plumbing resulted in a higher than acceptable leak rate. c. The AMI System software integration with the City's customer information system has proven to be more difficult than anticipated and a time extension was needed. The City was Mueller Systems first project to host the information technology hardware, which also proved to be more challenging than anticipated. d. There was a delay in a Federal Communications Commission certification for DR equipment. Staff authorization to proceed with DR installations was issued August 24, 2011 e. City project management staff were not able to spend enough time in the field. 3. Outstanding Phase I scope of work to be completed: a. The main outstanding scope of work at this time is the DR installation, network routing to ensure all meters are reporting to the AMI System, and the integration of the AMI system software with the City's customer information system. Until this work is completed, City acceptance testing cannot be completed for Phase I and the remaining scope of work will be delayed. 4. Chances includine a new Phase IA followed by Phase II incorporating lessons learned: a. A new Phase IA will be implemented to test Implementation Plan revisions prior to Phase II launch. The new Phase IA will include installation of another 1,000 electric meters and 1,000 water meters. Staff will provide another report to the Utility Advisory Committee at the conclusion of Phase IA. If Phase IA is successful, staff plans to promptly proceed with Phase II. b. A more thorough training plan will be developed that precisely communicates installer expectations and the meter installation process to be followed. c. There can be no installer sharing of Mueller Systems equipment such as cameras, handheld computers, etc. d. City/Mueller Systems communications will be improved by having jointly held weekly meetings. e. Meter data exchange information will be delivered to the City daily to ensure timely and accurate utility billing. Advanced Metering Infrastructure System Phase I Report September 13, 2011 Page 3 5. Phase I revised. new Phase IA. and Phase II revised schedules: a. The revised schedule will be heavily dependent on the completion of the DR equipment installation, network routing, and software integration. b. Based on the unanticipated delays the schedule to commence Phase IA is anticipated to be revised from September 2, 2011 to November 28, 2011 (estimated). The overall project completion is anticipated to be revised from April 13, 2012 to July 29, 2012 (estimated). The dates once finalized will be included in the revised Implementation Plan. The project management teams (City and Mueller Systems) are working closely together to revise the Implementation Plan. Mueller Systems has appointed a Program Manager and we anticipate increased efficiency and performance during the remainder of the project. Staff is recommending that we temporarily employ a project coordinator to assist with implementation planning and to ensure a higher level of presence in the field throughout the remainder of the project. The estimated cost of the project coordinator is $30,000 and funding is available within the project budget. In summary, the Phase I component of the AMI system project has not been completed and there have been a few unanticipated delays to the project. Prior to proceeding with the new Phase IA and original Phase II, a revised Implementation Plan will need to be approved by the City Manager. Staff is also planning to share the revised schedules with utility customers once finalized. N \UAC\Final\AMI System Phase I Report doc