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HomeMy WebLinkAbout050525 City Council Business Meeting PacketPORT TOWNSEND CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS, 540 WATER STREET Business Meeting 6:00 p.m. May 5, 2025 • Attend in person or virtually via computer or tablet at Hells:.//zoon ..us/i/98187633367 enter the Webinar ID 98187633367 • Phone only (muted - listen -only mode) United States: Local Dial In — 1(253)215- 8782„981876333674 • Submit public comment to be included in the meeting record to: 1jtt s:// ubliccomment.lillout.com/cit of t • If you are experiencing technical difficulties, please attempt all methods listed above before reporting any issues to: cler .su ort �� ohs L Call to Order II. Roll Call III. Changes to the Agenda IV. Proclamation(s) or Special Presentation(s) A. Oath of Office- Police Officer V. City Manager's Report VI. Comments from the Public (re consent agenda items and items not on the agenda) (Each person has 3 min. to comment- City Clerk will signal at 2 min. 30 sec.) A. Public comment B. Staff or Council response, as needed VII. Closed Session — Pursuant to RCW 42.30.140 (4)(b) General Government Negotiations (Approximately 10 minutes) VIIL Consent Agenda Action: Move to adopt the consent agenda and/or request to remove any individual item from the consent agenda. A. Approval of Bills, Claims and Warrants B. Approval of Minutes: March 17, 2025, March 24, 2025, March 27, 2025 C. Authorization for the City Manager to Sign Task Order Under the Existing Interlocal Agreement (ILA) Between the City and the County to Perform Chip Seal on City Streets IX. Old Business (None) X. New Business A. Resolution 25-012 Authorizing the Dedication and Acceptance of Cherry Street Proposed Action: Move to approve Resolution 25-012 Authorizing the Dedication and Acceptance of Cherry Street i. Staff presentation and Council questions ii. Public Comment iii. Council deliberation and action B. Resolution 25-013 Authorizing the City Manager to Sign a Memorandum of Agreement with Jefferson County and the Jefferson County Public Utility District No. 1 Proposed Action: Move to approve Resolution 25-013 Authorizing the City Manager to Sign a Memorandum of Agreement with Jefferson County and the Jefferson County Public Utility District No. I i. Staff presentation and Council questions ii. Public Comment iii. Council deliberation and action C. ILA with Jefferson County — Safe Streets for All Proposed Action: i. Staff presentation and Council questions ii. Public Comment iii. Council deliberation and action XI. Presiding Officer's Report XIL Suggestions for Future Agendas XIII. Comments from Council XIV. Executive Session — Pursuant to RCW 42.30.110 (1)(g) Performance of a public employee (Approximately 20 minutes) XV. Adjourn 0 Z W U) Z 3: W U_ U— U— O U— O O O ` r0 z U Z Q L O o w c� O U 0 CU (3).'- +— � L cu O U) O O U - C = �Cf cv c 70 cu-0 C: cu . V C(n U U cu O in 70U) '0E a,,+ L � E -0 O a3 m� m w O A.V O O O O U J -0 o m cu cU 70 m cu —0 , —a�CM CU -�_ -0 E w -1-I — C LCU > cu cu c 0 a)O �UOQ� ._ cu 0 EQ�O� c0-c O cn 4— G L O O 0 L CU c 0)(n 0-O cn _00 cm cu L�_I,O Ucu _0-3CC: O N O N A cu O A cu m m O O O 0 c cu m L U PORT TOWNSEND CITY COUNCIL CONSENT AGENDA May 5, 2025 A. Approval of Bills, Claims and Warrants: • Vouchers 173653 through 173653 in the amount of $35,882.58 • Vouchers 176652 through 176717 in the amount of $347,186.77 • Electronic Fund Transfers in the amount of $12,057.94 B. Approval of Minutes: March 17 2025, March 24 2025, March 27 2025 C. Authorization for the City Manager to Sign Task Order Under the Existing Interlocal Agreement (ILA) Between the City and the County to Perform Chip Seal on City Streets Action: Move to adopt the consent agenda or request to remove any individual item from the consent agenda. (Short statements or easily resolved questions are appropriate without removing item from the consent agenda). DRAFT CITY OF PORT TOWNSEND MINUTES OF THE CITY COUNCIL BUSINESS MEETING OF MARCH 17, 2025 CALL TO ORDER The City Council met in a regular session on the 17th day of March 2025 in Council Chambers at 540 Water Street, Port Townsend, WA 98368. Mayor Faber called the meeting to order at 6:00pm. ROLL CALL Councilmembers present at roll call were David Faber, Amy Howard, Monica MickHager, Neil Nelson, Owen Rowe, and Ben Thomas with Libby Wennstrom excused. Staff members present were City Manager John Mauro, Public Works Director Steve King, City Attorney Alexandra Kenyon, Planning and Community Development Director Emma Bolin, Long Range Planner Adrian Smith, and City Clerk Alyssa Rodrigues. CHANGES TO THE AGENDA Mayor Faber stated they will be removing item XIV. Executive Session: Pursuant to RCW 42.30.110(1)(g) and will move Jefferson County Commission, District 1, Heather Dudley- Nollette presentation first. PROCLAMATION(S) OR SPECIAL PRESENTATION(S) Jefferson County Commissioner, District 1, Heather Dudley-Nollette Jefferson County Commissioner, District 1, Heather Dudley-Nollette provided an introduction and spoke about being the new Jefferson County Commissioner for District 1. Council member Wennstrom arrived at 6:03pm. Discussion ensued around radio show, County Commissioners at City Council meetings, and City and County relationship. Oath of Office- Police Officer Chief of Police Tom Olson presented the Oath of Office -Police Officer to Peter Klos. Olympic Disposal 2024 Annual Report March 17, 2025 City Council Business Meeting Page 1 of 8 DRAFT Public Works Director Steve King introduced Waste Connections Site Manager Joey Deese. Joey Deese provided the Olympic Disposal 2024 Annual Report which included Service Notables, Residential Recycling, Residential Yard -waste and MSW, Commercial Recycle and MSW, Roll -off MSW Tons, and Donations. In response to Council's clarifying questions Joey explained Municipal Solid Waste (MSW), new customers, glass recycling, downtown overflowing garbage cans process, and sticker with phone number on garbage can. CITY MANAGER'S REPORT City Manager John Mauro provided the City Manager's Report which included PT Main Street 40th Celebration, Shorelines Open House, new staff, directional drilling on Water Street, retirements, and the passing of John McDonagh. COMMENTS FROM THE PUBLIC Public comment Artis spoke about Admiralty Apartments and downtown paid parking. Reneene spoke about Admiralty Apartments and downtown paid parking. Scott Walker spoke about downtown paid parking. Bobby spoke about downtown paid parking. Maggie spoke about creating an urban rest stop with available healthcare. Staff or Council response, as needed EXECUTIVE SESSION: PURSUANT TO RCW 42.30.110(1)(1) TO DISCUSS WITH LEGAL COUNSEL REPRESENTING THE AGENCY LITIGATION OR POTENTIAL LITIGATION (APPROXIMATELY 20 MINUTES) Mayor Faber stated the Council will go into an Executive Session Pursuant to RCW 42.30.110(1)(i) To discuss with legal counsel representing the agency litigation or potential litigation for approximately 20 minutes. Action will follow on the agenda. Council went into Executive Session at 6:57pm. Council came out of Executive Session at 7:17pm. Mayor Faber stated they will extend Executive Session for an additional 5 minutes. March 17, 2025 City Council Business Meeting Page 2 of 8 DRAFT Council went into Executive Session at 7:17pm. Council came out of Executive Session at 7:22pm. CONSENT AGENDA Approval of Bills, Claims and Warrants Approval of Minutes: January 15, 2025, February 18, 2025 2024 4th Quarter Financial Update Authorizing the City Manager to Execute all Contract to Complete the Pink House Restoration Project Not to Exceed $253,000. Resolution 25-007 Approving Final Plat and PUD for Madrona Ridge Phase 1 Application, Located in Jefferson County Tax Parcel NOS: 001091002; 001092005; 001092006; 973800201; 973800301. Authorizing the City Manager to Sign an Easement as the Grantee and the Associated Agreement Motion: Owen Rowe moved to approve the consent agenda. Monica MickHager seconded. Vote: motion carried unanimously, 7-0 by voice vote. OLD BUSINESS Ordinance 3348 Amending the Critical Areas Ordinance Codified in Chapter 19.05 of the Port Townsend Municipal Code Planning and Community Development Director Emma Bolin and Long Range Planner Adrian Smith presented Ordinance 3348 Amending the Critical Areas Ordinance Codified in Chapter 19.05 of the Port Townsend Municipal Code which included previous presentation, public hearing, requirement of Shoreline Planning Grant, timeline, and staff recommendation. Public comment: There was no public comment. Discussion ensued around changes and clarifications, easier read, appreciation for changes, buffer and setback numbering error, and links. Motion: Monica MickHager moved to approve Ordinance 3348 Amending the Critical Areas Ordinance Codified in Chapter 19.05 of the Port Townsend Municipal Code Ben Thomas seconded. March 17, 2025 City Council Business Meeting Page 3 of 8 Vote: motion carried unanimously, 7-0 by voice vote. DRAFT NEW BUSINESS Ordinance 3349 Amending Port Townsend Municipal Code Chapter 2.80 Relating to the City's Code of Ethics; Providing for Severability; and Establishing an Effective Date Due to active Ethics Complaints Mayor Faber, Council member Wennstrom, Deputy Mayor Howard, and City Manager John Mauro recused themselves and left room for the discussion and vote. City Attorney Alexandra Kenyon stated the recusal would not need to happen for a legal reason but rather an optics reason and is a choice by staff and Council members. Council member MickHager has been made Presiding Officer for discussion and vote on New Business Item: X.A Ordinance 3349 Amending Port Townsend Municipal Code Chapter 2.80 Relating to the City's Code of Ethics; Providing for Severability; and Establishing an Effective Date. Council member Rowe and City Attorney Alexandra Kenyon presented Ordinance 3349 Amending Port Townsend Municipal Code Chapter 2.80 Relating to the City's Code of Ethics; Providing for Severability; and Establishing an Effective Date which included Culture and Society review, last fall decision re: ethics complaint, memo from Phil Olbrechts regarding changes and improvement suggestions, Culture and Society Committee tasking, investigations conducted by Hearing Examiner, imposing penalties, and no legal requirements. In response to Council's clarifying questions Council member Rowe and staff explained if changes are applied to current ethics complaints, importance of standing requirements, out of state filings, other jurisdiction standing requirements, definition of "frivolous", statute of limitations, completeness criteria, penalties, 1 year vs. 3 years for statute of limitations, date or discovery of violation, and reapplication. Public comment: David Johnson spoke about Code of Ethics concerns. Julie Jaman spoke about Code of Ethics concerns. Discussion ensued around City Manager/Council complaints, Clerk process in deeming incomplete/complete, fee, long term relationship people have with the city, current or past relationship with the city, waiving Council Rules, 3 years to 1 year, and appearance of fairness. Motion: Ben Thomas moved to change language under 2.80.030 Statute of Limitations to state, "..the City Clerk no later than 3 years from the alleged date of the violation or March 17, 2025 City Council Business Meeting Page 4 of 8 1 year from discovery of violation." Owen Rowe seconded. DRAFT Vote: motion carried unanimously, 4-0 by voice vote. Amy Howard, David Faber, and Libby Wennstrom were recused. Discussion continued around removing the word "frivolous". Motion: Monica MickHager moved to change the sentence to take out two words, the word" frivolous" twice and would like this sentence to read in the ordinance, "No person shall knowingly file a false complaint or a false report of a violation of this Code of Ethics" Ben Thomas seconded. Vote: motion carried unanimously, 4-0 by voice vote. Amy Howard, David Faber, and Libby Wennstrom were recused. Discussion ensued around penalties, rejecting the complaint, and complainant being free to resubmit. Motion: Ben Thomas moved to add, ':..though the complainant is free to refile." Owen Rowe seconded. Discussion ensued around criteria for completeness being clear, appearance of fairness, standing, and Clerk letting complainant know what is missing. Council member Thomas withdrew his original motion. Motion: Ben Thomas moved to have wording state, "shall reject the complaint with written rationale and the complainant is welcome to resubmit." Owen Rowe seconded. Discussion ensued around suggested language for motion. Council member Thomas withdrew his motion. Motion: Ben Thomas moved to update wording to state "..reject in writing including rationale for the rejection. The complainant may resubmit the complaint with the missing information." Owen Rowe seconded. Vote: motion carried unanimously, 4-0 by voice vote. Amy Howard, David Faber, and Libby Wennstrom were recused. Discussion ensued around complainant signing under oath process, "current or former", and living outside of City. Motion: Monica MickHager moved to change sentence to state, "a complainant must demonstrate that they hold a current city business license, are currently employed in within the city, have done business with the city, or a current or past resident, or property owner within the city." Ben Thomas seconded. March 17, 2025 City Council Business Meeting Page 5 of 8 Discussion ensued around what "doing business" means, "done business with thF AFT city", and making them not just current. Vote: motion carried unanimously, 4-0 by voice vote. Amy Howard, David Faber, and Libby Wennstrom were recused. Motion: Owen Rowe moved to waive Council Rules and approve Ordinance 3349 Amending Port Townsend Municipal Code Chapter 2.80 Relating to the City's Code of Ethics as amended, Providing for Severability; and Establishing an Effective Date Neil Nelson seconded. Discussion ensued around waiving the rules, addressed a lot of concerns, can be reviewed later, and not applying retroactively. Vote: motion carried unanimously, 4-0 by voice vote. Amy Howard, David Faber, and Libby Wennstrom were recused. Council went into break at 8:52pm. Council came out of break at 8:55pm. Tyler Street Bid Award Public Works Director Steve King presented the Tyler Street Bid Award which included receiving 6 bids, project history, cement treated base, better bids than expected, lowest bidder Northern Asphalt, add $178k of Transportation Benefit District Funding, what grant does not pay for, amazing project, fixing huge liability, project details, sidewalk work, significant cost increase, budget expenditure amount should be $178k, $750 arts contribution, three options, Farmers Market, and overlay not being an option. In response to Council's clarifying question staff explained Transportation Benefit District funds, other street project, how many years until street will have to be addressed again, typical amount to send something out bid, 1 % for the arts, groundbreaking date, and conversations with Farmers Market. Public comment: There was no public comment. Motion: Ben Thomas moved to award the Tyler Street Paving project to the lowest responsive bidder, Northern Asphalt and authorize a budget amendment in the amount of $178,000 of additional Transportation Infrastructure Funded funds. Owen Rowe seconded. March 17, 2025 City Council Business Meeting Page 6 of 8 Discussion ensued around excitement to spend Transportation Benefit District FLWI� the importance of asking for money, reality of increased costs on projects, Polk St property owned by Mayor Faber, good feedback from community, appreciation for Transportation Benefit District, importance of communications, and spelling out acronyms. Vote: motion carried unanimously, 7-0 by voice vote. Resolution 25-008 Noticing a Public Hearing Date to Consider Dissolution of the Fort Worden Lifelong Learning Public Development Authority (PDA) City Manager John Mauro and Alexandra Kenyon presented Resolution 25-008 Noticing a Public Hearing Date to Consider Dissolution of the Fort Worden Lifelong Learning Public Development Authority (PDA) which included setting hearing date, receivership, dissolving Fort Worden PDA, difficult path forward, public comment, June hearing date, and Agenda Bill. In response to Council's clarifying questions staff and Council member Wennstrom explained draft dissolution statement figures. Public Comment: There was no public comment. Discussion ensued around recusals, current accounts receivable, and utility payment. Council member MickHager recused herself from the vote due to her involvement on the KPTZ board. Motion: Owen Rowe moved to approve Resolution 25-008 Noticing a Public Hearing Date to Consider Dissolution of the Fort Worden Lifelong Learning Public Development Authority (PDA) Libby Wennstrom seconded. Vote: motion carried unanimously, 6-0 by voice vote. Monica MickHager was recused. PRESIDING OFFICER'S REPORT Mayor Faber provided the Presiding Officer's Report which included upcoming meeting and pausing work on parking management. Motion: Amy Howard moved to direct staff to cease work on the parking plan until later directed. Owen Rowe seconded. Discussion ensued around needing a motion. Public comment: There was no public comment. Vote: motion carried unanimously, 7-0 by voice vote. March 17, 2025 City Council Business Meeting Page 7 of 8 DRAFT SUGGESTIONS FOR FUTURE AGENDAS There were no suggestions for future agendas. COMMENTS FROM COUNCIL There were no comments from Council. EXECUTIVE SESSION: PURSUANT TO RCW 42.30.110 (1)(G) PERFORMANCE OF A PUBLIC EMPLOYEE (APPROXIMATELY 10 MINUTES) (THIS ITEM WAS REMOVED DURING CHANGES TO THE AGENDA) EXECUTIVE SESSION: PURSUANT TO RCW 42.30.110(1)(1) TO DISCUSS WITH LEGAL COUNSEL REPRESENTING THE AGENCY LITIGATION OR POTENTIAL LITIGATION (APPROXIMATELY 10 MINUTES) Mayor Faber stated the Council will go into an Executive Session Pursuant to RCW 42.30.110(1)(i) To discuss with legal counsel representing the agency litigation or potential litigation for approximately 10 minutes. Council went into Executive Session at 9:34pm. Council came out of Executive Session at 9:44pm. Mayor Faber stated they will extend Executive Session for an additional 10 minutes. Council went into Executive Session at 9:44pm. Council came out of Executive Session at 9:54pm. ADJOURN There being no further business, the meeting adjourned at 9:54pm. Attest: Alyssa Rodrigues City Clerk March 17, 2025 City Council Business Meeting Page 8 of 8 DRAFT CITY OF PORT TOWNSEND MINUTES OF THE SPECIAL SESSION OF MARCH 24, 2025 CALL TO ORDER The City Council met in a special session on the 24th day of March 2025 in Council Chambers at 540 Water Street, Port Townsend, WA 98368. Deputy Mayor Howard called the meeting to order at 5:26pm. Mayor Faber arrived at 5:27pm and Deputy Mayor Howard passed over the Presiding Officer role to Mayor Faber. ROLL CALL Councilmembers present at roll call were David Faber, Amy Howard, Monica MickHager, Neil Nelson, Owen Rowe, Ben Thomas, and Libby Wennstrom. Staff members present were People and Performance Director Cynthia Shaffer, and City Clerk Alyssa Rodrigues. EXECUTIVE SESSION- PURSUANT TO RCW 42.30.110(1)(G) PERFORMANCE OF A PUBLIC EMPLOYEE (APPROXIMATELY 90 MINUTES) Mayor Faber stated the Council will go into an Executive Session Pursuant to RCW 42.30.110(1)(g) Performance of a public employee for approximately 60 minutes. Council went into Executive Session at 5:28pm. Council came out of Executive Session at 6:28pm. Mayor Faber stated they will extend Executive Session for an additional20 minutes. Council went into Executive Session at 6:28pm. Council came out of Executive Session at 6:48pm. March 24, 2025 Special Session City Council Business Meeting Page 1 of 2 DRAFT Mayor Faber stated they will extend Executive Session for an additional 10 minutes. Council went into Executive Session at 6:48pm. Council came out of Executive Session at 6:58pm. No action was taken. ADJOURN There being no further business, the meeting adjourned at 6:58pm. Attest: Alyssa Rodrigues City Clerk March 24, 2025 Special Session City Council Business Meeting Page 2 of 2 CITY OF PORT TOWNSEND MINUTES OF THE PLANNING COMMISSION AND CITY COUNCIL SPECIAL SESSION OF MARCH 27, 2025 CALL TO ORDER The Planning Commission met in a special session with the City Council on March 27, 2025, in the City Council Chamber at 540 Water Street. Chair Rick Jahnke called the meeting to order at 6:30pm. ROLL CALL Commissioners present at roll call were Andreas Andreadis, Samantha Bair -Jones, Bob Doyle, Rick Jahnke, Stephen Mader, Viki Sonntag, and Lois Stanford. City Council members present at roll call were Mayor David Faber, Deputy Mayor, Amy Howard, Councilmember, Neil Nelson, Councilmember, Ben Thomas, Councilmember, Monica MickHager, and Councilmember, Owen Rowe. Staff members present were Public Works Director, Steve King, Planning and Community Development Director, Emma Bolin, Long Range Planner, Adrian Smith, and Deputy City Clerk, Lonnie Mickle. ACCEPTANCE OF AGENDA The agenda was accepted by consensus. APPROVAL OF MINUTES- FEBRUARY 27, 2025 The amended minutes from February 27, 2025, were accepted by consensus. GENERAL PUBLIC COMMENT Peter Langley spoke about waiting times for public comments during meetings, consultant cost, workforce housing, homeless developments, return on investments for businesses, and the Glen Cove area. Julie Jaman spoke about the methodology of using polls and surveys, certain Planning Commissioner's previous comments, definitions and updates in the comprehensive plan, and dark skies in the city. Planning and Community Development Director, Emma Bolin and Rick Jahnke responded to resident's concerns about dark skies and the Glen Cove area. NEW BUSINESS Discuss Comprehensive Plan Open House SCJ Alliance consultant Bill Grimes recapped the city's open house gathering and conversations about the city's Comprehensive Plan on March 26, 2025. Topics discussed at the open house were mixed -use centers, housing, underdeveloped streets, active transportation, art for the city, parks, recreation, open space, and climate. The SCJ Alliance consultant ended the presentation discussing the implementation process and how to refine the policies. Council members and Commissioners discussed neighborhood identity, housing types and displacement, engineering standards, sustainable development, programs to build infrastructure, the lack of families at the open house, multi -generational desires for the town, open space for children, storm water plans, high school students, planet resilience, greenhouse gases, lack of specificity, community engagement, the flexibility of the city's Comprehensive Plan, feedback results, and the representation of all city members. Steve King discussed the future of street planning investments for the city, the work with (DASH), the Disability Awareness Starts Here program, the city's connectedness overall, and the city's park's locations. Adrian Smith discussed the city's art program, the education of the youth in the city's local schools and the city's climate. Emma Bolin gave a synopsis of the data collected at the open house. Public Comment on March 26, 2025, Open House Residents commented on limited commercial zones, local artist for local art, the growth of the city's children, the matrix on parking requirements for the city, and issues with the open house. OLD BUSINESS Continuing discussion of tools for the Comprehensive Plan. Continue reviewing the draft document grouping policies by topic. The Council members and Commissioners allowed public comments before continuing the discussion of tools for the Comprehensive Plan section. PUBLIC COMMENT: Residents commented on the open house for the high school students, rental properties, urban farming, traffic changes, engineering standards, and multi -unit housing, climate resilience, comprehensive plan classes, land density transfers, food security and comprehensive plan assurances. Staff, Council members and the Commissioners responded to residents' comments about classes at the high schools, government policies, the transfer of development rights, mixed use zone for Hastings and Howard, Cappy's trails, short term rental regulations, sustainable agriculture, and the encouragement of community base solutions to the city's housing needs. Adrian Smith presented the goals and policies for the city's current mixed -use development and parks and recreation. Mixed -use Development Land Use Mentioned were goals and policies twelve, twelve -point one, twelve -point one point four, twelve -point two point two, twelve -point two point three, twelve -point four, and twelve point five. Housing goals and policies four -point three, and six. Transportation goals and policies one point five. Economic Development goals and policies ten point nine. Discussion ensued about businesses with drive through services in mixed -use areas, the duplication and clarity of the goals and policies, how the new comprehensive plan will be designed, and mixed -used centers. Emma Bolin gave examples of cities that prohibited businesses with drive -through services in certain areas. She also mentioned goals and policies of each subdivision, the mission of the park rangers, and the city's master planning. Steve King explained the differences between higher and lower standards for commercial areas. He also mentioned the local access streets in transportation goal one point five. Parks and Recreation: Long Range Planner, Adrian Smith discussed the goals and policies for Parks and Recreation. Land Use Mentioned in this section were goals and policies four, three, six, four -point one, four - point one point one, four -point one point three, four -point three, four -point three point one, four -point three point three, four -point four point two, four -point four point four, four - point four point five, four -point five, four -point six, four -point seven, four point eight, and four point ten. Goal and policy three from the Trails section of the Comprehensive plan was mentioned. Discussion ensued about recreational programs, the combination of some goals and policies, subdivision development, real estate excise tax, land for parks in the city, critical area ordinances, the SEPA process, the complications with active recreation, environmental protection, (PROS), Parks, Recreation, and Open Space Plan, and the community direction statement. UPCOMING MEETINGS * THURSDAY, APRIL 10, PLANNING COMMISSION MEETING CONTINUING DISCUSSION OF EXISTING AND DRAFT GOALS AND POLICIES IN RELATION TO GOALS SET BY THE PRELIMINARY DOCKET. EXPECTED FOCUS ON TRANSPORTATION SYSTEM, RIGHTS OF WAY, STREETS, NON -MOTORIZED TRANSPORTATION, TRAILS, AND FERRY TRANSIT. * THURSDAY, APRIL 24, JOINT PLANNING COMMISSION AND CITY COUNCIL MEETING CONTINUING DISCUSSION OF EXISTING AND DRAFT GOALS AND POLICIES IN RELATION TO GOALS SET BY THE PRELIMINARY DOCKET * THURSDAY, MAY 8, PLANNING COMMISSION COMMUNICATIONS There was no communication for this meeting. ADJOURN There being no further business, the meeting adjourned at 9.46 pm. Attest: City Clerk's Office City0f Port Townsen Agenda Bill AB25-036 Meeting Date: May 5, 2025 Agenda Item: Consent: VIII.0 ® Regular Business Meeting ❑ Workshop/Study Session ❑ Special Business Meeting Submitted By: Mike Connelly, Project Manager and Steve King, PW Director Date Submitted: May 5, 2025 Department: Public Works Contact Phone: 360-379-5090 SUBJECT: Authorization for the City Manager to sign task order under the existing Interlocal Agreement (ILA) between the City and the County to perform chip seal on City Streets. CATEGORY: ❑x Consent ❑ Resolution Staff Report ❑ Ordinance BUDGET IMPACT: N/A Expenditure Amount: $100,000 Included in Budget? Yes ❑x No ❑ Contract Approval ❑ Other: Motion Public Hearing (Legislative, unless otherwise noted) 3-Year Strategic Plan: 4 - Ensure sustainable future for public services and facilities Cost Allocation Fund: 103 Street SUMMARY STATEMENT: The City has engaged Jefferson County Public Works under an existing Interlocal Agreement (ILA) to perform chip sealing and fog sealing on select city streets in 2025. This collaborative effort leverages the County's resources and expertise, enabling cost- effective and efficient street maintenance. Many years ago, the County provide chip seal services to the City. With the passage of the Transportation Benefit District Sales tax by the voters, the City and County are able to resume a mutually beneficial relationship for chip sealing streets for pavement preservation purposes. The County will apply 3/8-inch chip seal and fog seal treatments on designated roads, with the City responsible for preparatory tasks such as roadway repairs, sweeping, and traffic management. The project is expected to take two weeks at an estimated total cost under $95,000. The County's involvement is based on actual costs without a fixed bid, in accordance with the terms of the ILA, ensuring transparency and accountability. In addition, after review of street conditions with the County, the County recommended adding Howard and Hendricks Street to the list of city streets based on age and condition for cost-effectiveness for City's street preservation efforts. This work and budget was originally presented during a Council Workshop meeting on January 13t", 2025 that provided information about City investments in streets over the next 3 years. The presentation in January anticipated budget supplemental for TBD investments. In addition, the $100,000 of TBD funds, some of the streets included in the chip seal project are included in the Banked Capacity budgets. Thus, 2023 Banked Capacity budgets will be used accordingly for those streets. Finally, the cost of this effort with the County does not include staff time, oil, and chip rock which will be paid for directly by the City. Total costs for this effort are anticipated to be on the order of $200,000. The 2023 Banked Capacity budgets will cover approximately $100,000 with the remaining funded directly by Transportation Benefit Districts fund. This partnership highlights an effective intergovernmental approach to road maintenance that improves the transportation network for the local community. ATTACHMENTS: ILA task order for 2025 chip seal application, County chip seal work map CITY COUNCIL COMMITTEE RECOMMENDATION: N/A RECOMMENDED ACTION: If adopted as part of the Consent Agenda, no further action is needed; this effectively represents unanimous approval to authorize City Manager to sign task order under the interlocal agreement (ILA) between City and the County to perform chip seal on City Streets. ALTERNATIVES: ❑ Take No Action ❑ Refer to Committee ❑ Refer to Staff ❑ Postpone Action ❑ Remove from Consent Agenda ❑ Waive Council Rules and approve Ordinance ❑ Other: REQUEST FOR WORK Party Requesting Service: City of Port Townsend Public Works Party Providing Service: Jefferson County Public Works Jefferson County Project: City of Port Townsend Chip Seal Application 2025 Description of Requested Service: Chip seal application on roads outlined in Exhibit A on behalf of the Citv of Port Townsend Location of Requested Service: See Exhibit A Dates of Requested Service: Prior to October 1, 2025 Estimate and Terms: 1) The City of Port Townsend is requesting the County to apply 3/8-inch chip seal and fog seal on select streets outlined in Exhibit A. The partnership is mutually beneficial to the City and County by utilizing the skills, equipment, and capacity of the County to assist in the City in street maintenance. 2) Work will occur Monday through Friday, excluding holidays. The City will coordinate directly with County to ensure availability of City staff and equipment to support County including, but not limited to, public notification, road preparation work, and traffic control. 3) Work is tentatively planned to begin the first week of August; however, many factors can be cause for schedule changes. The City and County will work together to develop a mutually acceptable schedule as the season progresses. 4) Work is expected to take up to two (2) weeks (chip seal + fog seal). The City recognizes that many factors can influence the speed at which work progresses including the number of mobilizations between streets, weather, equipment malfunction, or unexpected County needs. The County will endeavor to complete the work efficiently and will work closely with City staff on scheduling issues. 5) City will provide chip rock from their Cape George pit and will provide a loader with operator to load County trucks at this site. 6) The City will create and account with Albina Asphalt in Vancouver, WA so the CRS-2P emulsion and CSS-1 (50/50) fog seal. This will allow direct billing by the vendor to the City for these products to avoid markup by the County. It is anticipated that the County will coordinate the ordering of liquid asphalt products on the City's behalf. 7) The City will be responsible for road closures, traffic control, and resident notification. The City will provide and set up all required traffic signage. The County will provide at least one (1) senior traffic control supervisor to coordinate with the City's staff. 8) The City is responsible for all roadway preparation including patching, sweeping, grading, brush cutting, crack sealing, ditching, shoulder preparation, centerline or edge guide marking, and final pavement markings. The County is only chip sealing. 9) The City will provide broom(s) for sweeping chip sealed roads prior to fog sealing by the County. The County will provide guidance on best practices for chip seal sweeping. 10) The County's current overhead rate of 30% will be added to any job costs that the County incurs. This rate supersedes the rate stated in the 2009 Interlocal Agreements (15%). The County keeps accurate records and timesheets daily for projects. 11) The City recognizes that the County is not a for -profit contractor and cannot supply a "bid" for this work. Equipment and labor are billed on an hourly basis and the City is responsible for paying all costs incurred by the County for City work. County taxpayers cannot subsidize City work. The County estimates cost for a chip seal crew/equipment on this project will be $19,500 per day (including 30% overhead markup). The County estimates its cost for a fog seal crew/equipment will be $4,000 per day (including 30% markup). 12) The City recognizes that there are inefficiencies created by performing work on widely dispersed, short City street segments due to time lost loading/moving/unloading equipment in various locations. 13) The County will endeavor to work efficiently on this project with the City. The County estimates that the project will require up to four (4) days of chip sealing and four (4) days of fog sealing (10-hour days including mobe to/from the County shop in Port Hadlock). If work appears to be progressing more slowly that this, the County and City will meet before the County proceeds with additional work. 14) The County cannot guarantee a "not -to -exceed" price. The County estimates its labor/equipment charge, including 30% markup, will be under $95,000 for the above stated work. 15) City will make payment to County within 30 days upon receipt of invoice. 16) The County has a good track record of providing high quality chip seals. However, no warranty can be offered on this project at the potential expense of County tax payers. Any return work will be billed as stated above. 17) Claims made for property damage, including damage to utilities, within the City while the County is engaged in work for and at the direction of the City shall be the City's responsibility to settle and resolve. Requesting Agency Official ❑ Approved ❑ Denied Providing Agency Official 5/01/2025 Date Date City0f Port Townsen Agenda Bill AB25-041 Meeting Date: May 5, 2025 Agenda Item: X.A ® Regular Business Meeting ❑ Workshop/Study Session ❑ Special Business Meeting Submitted By: Steve King, PW Director Date Submitted: May 1, 2025 Department: Public Works Contact Phone: 360-379-5090 SUBJECT: Resolution 25-012 Authorizing the Dedication and Acceptance of Cherry Street CATEGORY: ❑ Consent ❑ Resolution Staff Report ❑ Ordinance Contract Approval ❑ Other: BUDGET IMPACT: N/A Expenditure Amount: $ Included in Budget? Yes ❑ No ❑ Public Hearing (Legislative, unless otherwise noted) 3-Year Strategic Plan: 4 - Ensure sustainable future for public services and facilities Cost Allocation Fund: Choose an item, SUMMARY STATEMENT: The City Council directed staff to prepare the City's Cherry Street property for surplus and disposal. As part of this process and prior to transfer of ownership, the City staff is working on performing lot line adjustments and cleanup of the property legal description. Definition of the Cherry Street right of way is a critical step in this process. The City has previously identified Cherry Street right of way, but no record exists of Council action converting fee simple ownership to public right of way. This proposed action dedicates Cherry Street right of way through a quit claim deed. The following depiction illustrates the new right line that would be created with this action. This quit claim deed also ensures that right of way is established as it relates to the City owned golf park property. Finally, it establishes limits to memorialize historic use for the existing street and sidewalk as well as provides space on the east side of Cherry Street for a future sidewalk. R 1 W 4NAd kl� 10, C;TY OF FORT TOWNSEMb „ ru ,� �ycve �p �r Y N HWEEWMWS A Z �' An � A DAI, 0100 SYlVPYEY �k- n �n� jr., �tMRiR Iry!IPBt& ww ansu , , � $'� � " •k i,r Jn^�..o, � to � 11histraatiun of efinitian of'(herrry Street 1 ric hl of m qT, This work is included in the budget as part of the Cherry Street property deed cleanup in preparation for sale. Staff recommends the City Council pass this resolution in order to memorialize Cherry Street right of way. ATTACHMENTS: • Exhibit A -Legal Description before Quite Claim Deed for New Definition of Cherry Street Right of Way • Exhibit B-Cherry St Right Of Way Legal Description • Quite Claim Deed • Resolution CITY COUNCIL COMMITTEE RECOMMENDATION: N/A RECOMMENDED ACTION: Move to approve Resolution 25-012 Authorizing the Dedication and Acceptance of Cherry Street iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillilI ALTERNATIVES: ❑x Take No Action ❑ Refer to Committee ❑x Refer to Staff ❑ Postpone Action ❑ Remove from Consent Agenda ❑ Waive Council Rules and approve Ordinance ❑ Other: Legal Description before Quit Claim Deed for New definition of Cherry Street Right of Way PARCEL OF CITY OF PORT TOWNSEND LOT LINE ADJUSTMENT LUP17-430, RECORDED MAY 10, 2017, UNDER RECORDING NUMBER 607803, IN JEFFERSON COUNTY, WASHINGTON. And legally described as follows: Tax lot 84, together with that portion of Tax 63 lying north and east of Cherry Street more particularly described as follows: That portion of the Southwest'/a of Section 2, Township 30 North, Range 1 West, Willamette Meridian, Jefferson County, Washington described as follows: Beginning at the northwest corner of Block 7 of the plat of Kuhn's Ranch recorded in Volume 2 of plats, Page 26 records of said Jefferson County; Thence N 59027'53" E along the north line of Block 7 and A of Said Kuhn's Ranch, a distance of 512.83 feet to the northeast corner of Block A of said Kuhn's Ranch; Thence N 77006'55" W a distance of 166.60 feet to the northeast corner of Block 36 of Webster's Addition recorded in Volume 1 of Plats, page 20 records of said Jefferson County; Thence S 59027'54" W along said southerly line, a distance of 308.54 feet to the most south angle point in said Webster's Addition; Thence N 28008'30" alongwesterly line of said Webster's Addition, a distance of 218.13 feet to the east line of Cherry Street, the beginning of a non -tangency curve to the left having a radius of 921.60 feet, the center of which bears N 85047'09" E; Thence along the arc of said curve and said east line of Cherry Street, through a central angle of 21 °34'45" a distance of 347.10 feet to the place of beginning. PARCEL B Tax 63, Except that portion lying north and east of Cherry Street. 1 ON MM I I _11 12 _11 A public street Right -of -Way over, Linder and across a portion of Parcel B, LUP 17-040 recorded under Auditor's File Number 607803, records of Jefferson County, Washington, more particularly described as follows: Beginning at the Southwest comer of Block 7, Kuhn's Ranch Addition to the City of Port Townsend, recorded under Book 2 of Plats, Page 26; Thence North 3 0'3 V3 5" West along the west line of said Block 7, Kuhn's Ranch Addition, a distance of 200.00 feet to the Northwest corner of said Block 7, Kuhn's Ranch Addition being the True Point of Beginning and the beginning of a non -tangent curve to the right, having a radius of 690.00 feet, the center of which bears North 59'28'25" East; Thence along the arc of said curve through a central angle of 30'04'56", an are distance of 362.27 feet to a point on the west line of Block 35, Webster's Addition to the City of Port Townsend, recorded in Book I of Plats, Page 20, records of Jefferson County, Washington; Thence North 28'08'08" West along said west line of Webster's Addition, a distance of 135.95 feet to the west line of Cherry Street in said Webster's Addition; Thence South 03'46'58" West, a distance of 64.54 feet to the beginning of a tangent curve to the left, having a radius of 760.00 feet, the center of which bears South 869 3'02" East; 'Thence along the are of said curve through a central angle of 30'54'26", an arc distance of 409.97 feet; 'Thence South 270728" East, a distance of 73.13 feet to the north line of Van Ness Street in the Estate Addition to the City of Port Townsend, recorded in Book 2 of Plats, Page 2 1; Thence North 59'27'35" East along said north line of Van Ness Street a distance of 73.00 6eet to the west line of said Block 7, Kuhn's Ranch Addition; Thence North 30'3 1'35" West along said west line of Block 7, Kuhn's Ranch Addition, a distance of 27.88 feet to the True Point of Beginning. Containing 32,978 square feet more or less. 6V WASI, O 35986 NI J, ISO� DA 1r: AFTER RECORDING RETURN TO: City Clerk City of Port Townsend 250 Madison Street Port Townsend, WA 98368 QUIT CLAIM DEED Reference Numbers of Related Documents: N/A Grantor: City of Port Townsend, a municipal corporation of the State of Washington Grantee: City of Port Townsend, a municipal corporation of the State of Washington Legal Description: See Exhibit A (attached) Abbreviated Legal: Right of Way, Block 7, Kuhn's Ranch Addition, City of Port Townsend, WA. Tax Parcel Identification Number: 001024075 THE GRANTOR, City of Port Townsend, a municipal corporation of the State of Washington is the owner of real property legally described in Exhibit A. For and in consideration of valuable consideration hereby conveys and quitclaims for right of way purposes to the City of Port Townsend ("Grantee"), a municipal corporation of the State of Washington, all of Grantor's interest in a portion of the real property legally described in Exhibit B attached hereto.. SUBJECT TO: Easements, restrictions, reservations, covenants and agreements of record. DATED this day of , 2025. STATE OF WASHINGTON ) John Mauro, City Manager Page 1 of 2 ) ss. COUNTY OF Jefferson) On this day personally appeared before me John Mauro, City Manager, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein described. WITNESS my hand and official seal hereto affixed this day of , 2025. (Notary Signature) (Printed Name of Notary) NOTARY PUBLIC in and for the State of Washington Residing at: My commission expires: Page 2 of 2 Resolution 25-012 RESOLUTION NO. 25-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE DEDICATION AND ACCEPTANCE OF CHERRY STREET WHEREAS, the City Council directed staff to prepare the City's Cherry Street property for surplus and disposal; and WHEREAS, the City has previously identified Cherry Street right of way, but no record exists of Council action converting fee simple ownership to public right-of-way; and WHEREAS, this proposed action dedicates Cherry Street right-of-way through a quit claim deed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend as follows: Section 1. Authorization. The City Manager is authorized to sign the Quit Claim Deed attached hereto and incorporated by this reference. ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this 5th day of May 2025. David J. Faber Mayor Attest. Alyssa Rodrigues City Clerk City0f Port Townsen Submitted By: Steve King, PW Director Department: Public Works Agenda Bill AB 25-042 Meeting Date: May 5, 2025 Agenda Item: X.B ® Regular Business Meeting ❑ Workshop/Study Session ❑ Special Business Meeting Date Submitted: May 1, 2025 Contact Phone: 360-379-5090 SUBJECT: Resolution 25-013 Authorizing the City Manager to Sign an Memorandum of Agreement with Jefferson County and the Jefferson County Public Utility District No.1 CATEGORY: ❑ Consent ❑x Resolution Staff Report ❑ Ordinance Contract Approval ❑ Other: BUDGET IMPACT: N/A Expenditure Amount: $60,000 Included in Budget? Yes ❑ No ❑x Public Hearing (Legislative, unless otherwise noted) 3-Year Strategic Plan: 4 - Ensure sustainable future for public services and facilities Cost Allocation Fund: 415 Water Sewer CIP SUMMARY STATEMENT: The Revised Code of Washington sets forth the fundamentals of water resource policy to ensure the waters of the state will be protected and fully utilized for the greatest benefits to the people of the state and establishes procedures for the coordination of water utilities within the community. The Jefferson County Board of Commissioners declared Jefferson County to be a Critical Water Supply Service Area and initiated an effort to undertake and develop the Coordinated Water System Plan (CWSP). The CWSP has been developed to comply with the provisions of state statutes and county resolution. Jefferson County Board of Commissioners approved a contract with HDR Inc. for consultant services to update the CWSP at a cost of $151,947 ($9.545 per connection). Jefferson County will not have sufficient funds to proceed with the update of the CWSP without fiscal contributions from the County's two largest water purveyors, namely the City and Jefferson PUD. Based on the City's number of water service connections, Port Townsend's cost share for this project is approximately $60,000. This expense is not in the water division budget and will need to be added through a supplement. Updating the CWSP complies with Washington State statutes and supports a plan for continued sustainable supply of drinking water for our growing community. In addition, the update is an opportunity to look for long term sustainable options for the OGWS in order to support this high cost of operations and maintenance currently funded solely through the raw water rates that the City and Paper Mill pay. City staff recommends approval of the attached resolution providing the City Manager the authority to enter into a Memorandum of Agreement with Jefferson County and Jefferson Public Utility District Number 1 to share cost of the Coordinated Water System Plan update. ATTACHMENTS: • Resolution 25-013 • Board of County Commissioners Staff Report • DRAFT Memorandum of Agreement CITY COUNCIL COMMITTEE RECOMMENDATION: N/A RECOMMENDED ACTION: Move to approve Resolution 25-013 Authorizing the City Manager to Sign a Memorandum of Agreement with Jefferson County and the Jefferson County Public Utility District No.1 ALTERNATIVES: ❑x Take No Action ❑ Refer to Committee ❑x Refer to Staff ❑x Postpone Action ❑ Remove from Consent Agenda ❑ Waive Council Rules and approve Ordinance ❑ Other: Resolution 25-013 RESOLUTION NO. 25-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF AGREEMENT WITH JEFFERSON COUNTY AND THE JEFFERSON COUNTY PUBLIC UTILITY DISTRICT NO. 1 WHEREAS, Jefferson County is a Critical Water Supply Service Area and the County initiated an effort to undertake and develop the Coordinated Water System Plan (CWSP) in order to comply with state law; and WHEREAS, the Jefferson County Board of Commissioners approved a contract with HDR Inc. for consultant services to update the CWSP at a cost of $151,947 ($9.545 per connection); and WHEREAS, Jefferson County will not have sufficient funds to proceed with the update of the CWSP without fiscal contributions from the County's two largest water purveyors, namely the City and Jefferson PUD; and WHEREAS, the City benefits from the CWSP and it is in the best interest of the City to contribute to the County's project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend as follows: Section 1. City Manager Authorization. The City Manager is authorized to sign the Memorandum of Agreement between Jefferson County and the Jefferson County Public Utility District No. 1 attached hereto and incorporated by this reference. ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this 5th day of May 2025. David J. Faber Mayor Attest. Alyssa Rodrigues City Clerk JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA TO: Board of County Commissioners Mark McCauley, County Administrator FROM: Brent A. Butler, Chief Strategy Officer DATE: May 5, 2025 SUBJECT: Coordinated Water System Plan Memorandum of Agreement STATEMENT OF ISSUE: The Board of County Commissioners (Board or BoCC) approved a professional services agreement (PSA) for the purpose of updating the Coordinated Water System Plan (CWSP). Without contributions from the City of Port Townsend and the Jefferson County Public Utility District (PUD), Jefferson County will not have sufficient funds to update the CWSP. BACKGROUND: The CWSP is designed to optimize the delivery of a safe and reliable water supply by coordinating the planning, development, operation, and management of public water systems within a designated area, ensuring efficient use of water resources through collaboration among water systems that serve at least 15 service connections or 25 or more people for at least 60 days a year. To provide guidance to smaller water systems, the Board also directed that the reconstituted WUCC include one member representing a Group B water utility. Group B systems are designated as those that serve 3 to 14 service connections and either serves less than 25 people per day or 25 or more people per day during a period less than 60 days per year. Last updated in 1997, the Jefferson County Coordinated Water System Plan ("CWSP") requires revisions to incorporate new water law and implement best practices. Generally, the required procedures are contained in the Washington Administrative Code (WAC), Chapter 248-56 WATER SYSTEM COORDINATION ACT— PROCEDURAL REGULATIONS. Companion provisions address the community's need for fire -protection in Chapter 248-57 WATER SYSTEM COORDINATION ACT FIRE FLOW REGULATIONS. While the CWSP should consider the water infrastructure needs over a 50-year planning horizon, it must meet a minimum 20-year planning horizon. FISCAL IMPACT/COST-BENEFIT ANALYSIS: Based on the adopted professional services agreement, the overall cost of this project will be $207,000. As of April 71h, the number of Group A water system connections is 15,908. With the total contract cost at $207,000 and optional/non-required items at $55,342 per the contract, the overall cost for Group A systems is $151,658 or $9.53 per connection. Additional costs are incurred for project management assumed to equal five to ten hours per meeting or 120 to 240 hours over the next 12 months RECOMMENDATION: Approve the attached memorandum of understanding, and commit to approving budget authority during the 3rd Quarter Budget Supplemental. REVIEWED BY: Mark McCauley, County Administrator Date ATTACHMENT 1 Memorandum of Agreement MEMORANDUM OF AGREEMENT Between JEFFERSON COUNTY and the CITY OF PORT TOWNSEND and JEFFERSON COUNTY PUBLIC UTILITY DISTRICT NUMBER 1 This MEMORANDUM OF AGREEMENT ("Agreement"), dated this 24t1i day of March ("Effective Date"), is entered into by and between JEFFERSON COUNTY, a Washington municipal corporation ("County"), the CITY OF PORT TOWNSEND ("City"), a Washington municipal corporation and the Jefferson County Public Utility District Number 1 ("PUD"), a Washington municipal corporation. The PUD, City and County are referred to in this MOU individually as a "Party" and jointly as the "Parties". WHEREAS, Chapter 90.54 Revised Code of Washington (Water Resources Act of 1971) sets forth the fundamentals of water resource policy to ensure the waters of the state will be protected and fully utilized for the greatest benefits to the people of the state; and WHEREAS, Chapter 70A.100 Revised Code of Washington (Public Water System Coordination Act of 1977) establishes procedures for the coordination of water utilities within the community and the integration of water utility development with local land use plans and policies; and WHEREAS, Chapter 36.94 Revised Code of Washington (Sewerage, Water, and Drainage Systems) establishes the procedures for the creation and adoption of a general water plan; and WHEREAS, Washington Administrative Code 173-590 (Procedures Relating to the Reservation of Water for Future Public Water Supply) establishes procedures for the reservation of water supplies for the benefit of the people of Jefferson County; and WHEREAS, the Jefferson County Board of Commissioners by Resolution 97-83 declared Jefferson County to be a Critical Water Supply Service Area initiating an effort to undertake and develop a comprehensive water system plan; and WHEREAS, the Coordinated Water Systems Plan (CWSP) is a result of that effort and has been developed to comply with the provisions of the aforementioned statutes and county resolution; and WHEREAS, Jefferson County initiated an update of the CWSP by Jefferson County Resolution No. 08-24 by repealing Water Utility Coordinating Committee (WUCC) appointments to establish new WUCC appointees and publicly advertise request for proposals (RFP) on August 27, 2024, and then again on October 3, 2024 after receiving no response to the first published RFP; and WHEREAS, the Jefferson County Board of County Commissioners approved a contract with HDR, Inc., a Nebraska corporation, on March 17, 2025; and WHEREAS, Jefferson County will not have sufficient funds to proceed with the update of the CWSP without fiscal contributions from the county's two largest water purveyors, namely the City and PUD; NOW, THEREFORE, the Jefferson County Coordinated Water System Plan update will be funded by a contribution from each of the Parties, as set forth by this Agreement: 1. Number of connections and cost per connection. a. The contract fee to which the City and PUD must contribute is $151,658.00. Based on the total number of connections, each connection costs $9.53. b. Based on the number of the PUD and the City connections, 4,400 and 6,100, respectively, the required share would be $41,947 for the PUD and $58,154 for the City. c. The County will provide the remainder of the funding. 0 2. Controllina Law. a. It is understood and agreed this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed under the laws of the United States, the State of Washington and the County of Jefferson, as if applied to transactions entered into and to be performed wholly within Jefferson County, Washington between Jefferson County residents. b. No Party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. 3. Litigation/Jurisdiction/Venue. a. Should either Party bring any legal action, each Party in such action shall pay for its own attorney's fees and court costs. b. The venue for any legal action shall be solely in the appropriate state court in Jefferson County, Washington, subject to the venue provisions for actions against counties in RCW 36.01.050. 4. Entire Agreement. This Agreement memorializes the entire agreement of the Parties and all parts of this Agreement are contained herein. The Parties agree that: a. No representation or promise not contained in this Agreement has been made. b. The Parties are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not contained in this Agreement. C. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. 5. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the sections or this Agreement. 6. Limits of Any Waiver of Default. No consent by either Party to, or waiver of, a breach by either Party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either Party. 7. No Oral Waiver. No term or provision of this Agreement will be waived by either Party, and no breach excused by either Party, unless such waiver or consent is in writing signed on behalf of the Party against whom the waiver is asserted. Failure of a Party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 8. Severabili1y. Provided it does not result in a material change in the terms, if any provision or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 9. Modification of this Agreement. This Agreement may be amended or supplemented only by a writing signed by duly authorized representatives of all the Parties. 10. Signature in Counterparts. This Agreement maybe executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the Parties shall not affect the validity of this Agreement, so long as all the Parties execute a counterpart of this Agreement. 5 11. Facsimile and Electronic Signatures. The Parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 12. Attachments. Any document in this Agreement identified as an attachment is part of this Agreement and is incorporated by reference into this Agreement. (SIGNATURES FOLLOW ON THE NEXT PAGE) JEFFERSON COUNTY WASHINGTON CITY OF PORT TOWNSEND Board of County Commissioners Jefferson County, Washington Bv: Heidi Eisenhour, Chair Date By: Heather Dudley-Nollette, Commissioner Date Bv: Greg Brotherton, Commissioner Date SEAL: ATTEST: Carolyn Gallaway, CIVIC Date Clerk of the Board Approved as to form only: Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney Bv: John Mauro, City Manager Date JEFFERSON COUNTY PUD NO. 1 92 Kevin Streett, General Manager Date 7 City0fPort Townsen' Submitted By: Steve King, PW Director Department: Public Works Agenda Bill 25-043 Meeting Date: May 5, 2025 Agenda Item: X.0 ® Regular Business Meeting ❑ Workshop/Study Session ❑ Special Business Meeting Date Submitted: May 1, 2025 Contact Phone: 360-379-5090 SUBJECT: Resolution 25-014 Authorizing the City Manager to Sign an Interlocal Agreement with Jefferson County CATEGORY: ❑ Consent 0 Resolution BUDGET IMPACT: No impact Expenditure Amount: $N/A ❑ Staff Report ❑ Ordinance Included in Budget? Yes 0 No❑ ❑ Contract Approval ❑ Other: Discussion Item ❑ Public Hearing (Legislative, unless otherwise noted) ❑ 3-Year Strategic Plan: N/A Cost Allocation Fund: 305 CIP Street SUMMARY STATEMENT: On June 30, 2023, the City of Port Townsend submitted a multi jurisdictional SS4A Planning and Demonstration grant application to the U.S. Department of Transportation. The City received notification of award on October 30, 2023. The City Council approved grant agreements on October 7, 2024. Grant agreements between the City and USDOT were completed early this spring. This action item formalizes the partnership with Jefferson County through an interlocal agreement with the City as the lead agency. This grant will fund two separate Comprehensive Action Plans — one for Jefferson County and one for the City of Port Townsend. Each plan will identify and prioritize County/City safety improvement projects that build upon the work completed in prior Local Road Safety Plans. Completing action plans will make both the City and County eligible for SS4A Implementation Grants in the future. While the City is the lead agency, the City and County will be coordinating, so that their individual action plans are non -duplicative. The budget for this project as adopted in the 2025 budget is as follows: Revenue Project Budget Safe Streets for All Grant Feder $164,000 Transportation Infrastructure F $41,000 Jefferson Count $20,500 Total Revenue $ 225,500 Expense Project Budget Design Engineering / Permitting Planning Study City - Compreh $82,000 Plannin Stud Count - Corn r $82,000 Subtotal $ 164,000 Construction Subtotal $ - Pro'ect Mana ement City Ineligible Engineering Admi $20,500 City Grant Match $20,500 Count Grant Match $20,500 Subtotal $ 61,500 Project Contingency Eli ible for 1% for the Arts Total Expense $ 225,500 This project may help the City and County coordinate on interface projects such as the Mill Road Roundabout and Hastings Avenue. The outcome of this plan also positions the City and County as being eligible for construction funding under future programs. The majority of this work will be performed in 2025/26. ATTACHMENTS: Resolution 25-014 Interlocal Agreement between the City of Port Townsend and Jefferson County CITY COUNCIL COMMITTEE RECOMMENDATION: N/A RECOMMENDED ACTION: Move to approve Resolution 25-014 Authorizing the City Manager to sign an interlocal agreement with Jefferson County. ALTERNATIVES: ❑x Take No Action ❑ Refer to Committee ❑ Refer to Staff ❑ Postpone Action ❑x Remove from Consent Agenda ❑ Waive Council Rules and approve Ordinance ❑ Other: Resolution 25-014 RESOLUTION NO. 25-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT WITH JEFFERSON COUNTY WHEREAS, Jefferson County and the City of Port Townsend jointly applied for funding for an Safe Streets for All (SS4A) grant to develop safety action plans for the City and the County; and WHEREAS, the match for this grant is split between the City and the County in the amount of $20,500 each; and WHEREAS, the City and County jointly benefit for developing coordinated safety action plans; and WHEREAS, the City agreed to be the lead agency in administration of the grant funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend as follows: Section 1. City Manager Authorization. The City Manager is authorized to sign an Interlocal Agreement with Jefferson County, attached hereto and incorporated by this reference. ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this 5th day of May 2025. David J. Faber Mayor Attest. Alyssa Rodrigues City Clerk INTERLOCAL AGREEMENT RE: SAFE STREETS FOR ALL GRANT JOINT APPLICATION Between Jefferson County and the City of Port Townsend This Interlocal Agreement is intended to lay out the roles and responsibilities for the jointly awarded Safe Streets For All (SS4A) Federal Grant between the City of Port Townsend (City) and Jefferson County (County). WHEREAS, the City and County jointly applied for a SS4A planning grant, and WHEREAS, the grant pays for the development of comprehensive safety action plans for each, the City and County, and WHEREAS, the City and County each committed match funding for the grant, and WHEREAS, the City agreed to be the lead agency including grant administration, hiring a consultant, and grant compliance, and WHEREAS, the successful completion of the grant requirements are a pathway to future transportation related funding, and WHEREAS, the City and County desire to work in partnership for efficiency in grant administration and successfully complying with the terms of the grant agreement attached hereto as Exhibit A. NOW, THEREFORE, based on the mutual understanding made in this Interlocal Agreement, the parties agree: 1. Effective Date. The effective date of this Agreement is the date the last party signs this Agreement. 2. Project. The project is to prepare two coordinated Comprehensive Safety Action Plans that meet all SS4A self -certification requirements. One plan will be for the City of Port Townsend and will cover all roads within the city limits, including state routes. The other plan will be for Jefferson County and will cover all roads and state routes in Jefferson County outside of the City of Port Townsend city limits. The project also incorporates coordination of safety improvement planning for the joint Gateway Project.. 3. Authority. This Agreement is based upon the authority of the interlocal cooperation act, Chapter 34.30 RCW, which authorizes local municipal corporations to enter into agreements to assist and cooperate with each other to better serve the needs of the municipal corporations and the local community. Each Parry shall conduct its own administration of this Agreement. The Parties do not anticipate acquiring any property as part of this Agreement, but recognize the future work will involve property acquisition. 4. Definitions. a. Agreement. "Agreement" means this Interlocal Agreement on the joint City/County Safe Streets For All Grant. b. City. "City" means the City of Port Townsend, Washington. c. "Consultant" means engineering consultant to develop Safety Action Plans to be jointly selected through solicitation process meeting Federal requirements. d. County. "County" means Jefferson County, Washington. e. Parties. "Parties" means both the City and the County. f. Comprehensive Safety Action Plan. "Comprehensive Safety Action Plan" means a written document that identifies a comprehensive set of both City and County projects and strategies to address roadway safety problems. The plan proposes times ranges when projects and strategies will be deployed, and an explanation of project prioritization criteria. It specifically lists low-cost, high -impact strategies that can improve safety over a wider geographic area. The plan also looks at innovative technologies to promote safety and equity and may include proposing safety elements to currently programmed projects. g. SS4A. "SS4A" means Safe Streets For All as developed by the USDOT and administered by the Federal Highways Administration (FHWA). 5. SS4A Grant Execution. a. The City shall lead the process of complying with the terms of the grant agreement attached hereto as Exhibit A. b. The City shall provide the County with a completed Safety Action Plan and associated analysis. c. The City shall provide the County invoices that document expenditures and the County's reimbursement amounts. d. The City and County will work together to jointly administer the grant with the City having the lead agency role including grant documentation and grant accounting in accordance with the grant agreement attached hereto as Exhibit A. e. The County shall participate and provide County data and guidance to support the consultant's successful development of the County's Safety Action Plan. f. The County shall provide records as required for grant documentation. 6. County Contribution. The County shall pay for grant match consistent with the grant agreement in the amount of $20,500. 2 7. Term of this Agreement. a. This Agreement shall remain in effect (a) until the City provides the County with the County's Action Plan; or, (b) until terminated by either Party as provided for in Section 7_c., whichever shall occur first. b. Grant Agreement compliance. Each party shall be responsible to pay their share of any reasonable remedy necessary for grant compliance to the satisfaction of the Federal Highways Administration and/or any agency with audit authority. c. Either Party may terminate this Agreement for cause, before its expiration by providing the other Party at least 30 days prior written notice. Termination resulting in failure to comply with the terms of the grant agreement shall be subject to section 7.b. 8. No Third -Party Beneficiaries. There are no third -party beneficiaries of this Agreement. 9. Indemnification. a. To the fullest extent allowed by law, the City will be solely and entirely responsible for its acts/omissions and for the acts/omissions of its agents, employees, servants, or representatives. To the fullest extent allowed by law, the County will be solely and entirely responsible for its acts/omissions and for the acts/omissions of its agents, employees, servants or representatives. b. Each Party agrees to defend and indemnify the other Party and its officers, officials, employees, agents and volunteers (and their marital communities)rom and against all claims, losses, damages, suits and expenses, including reasonable attorneys' fees and costs, to the extent they arise out of the negligence or willful misconduct of the indemnitor or its officers, officials, employees, agents and volunteers (and their marital communities) to perform this Agreement. The indemnitor's duty to defend and indemnify extends to claims by the elected or appointed officials, officers, employees or agents of the indemnitor or of any contractor or subcontractor of indemnitor. The indemnitor waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington solely for the purposes of this provision and acknowledges that this waiver was mutually negotiated. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility that arises in whole or in part from unenforceability or invalidity of City ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded on account of the unenforceability or invalidity of such City ordinance against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. d. This provision shall survive the termination of this Agreement. 10. Non -Payment and Other Defaults. If any default occurs, upon thirty (30) days written notice by the City to the County regarding failure to make any payment required, and in the event same shall not be cured within sixty (60) days, then the City shall be entitled, without further notice or demand, to give notice of termination in Section 7.c. including any other remedy granted at law or in equity. 11. Disputes. Disputes shall be referred to the County Administrator and the City Manager for settlement. If disputes are not resolved by the Parties within thirty (30) days of the referral, unless the Parties agree to an extension of time, the dispute shall be referred to an arbitrator mutually agreed upon by the City and County. Or if they cannot agree to an arbitrator, the Parties may apply to the presiding judge of the Jefferson County Superior Court to appoint an arbitrator. The arbitrator's decision shall be final and binding on both Parties; provided however, an arbitrator's decision may be appealed to Superior Court if it is based on an error of law, is arbitrary and capricious, is not founded on substantial facts or exceeds the authority of the arbitrator. Each Party shall pay one-half of the arbitrator's fee. If mutual written consent to apply to appoint an arbitrator is not reached, either Party may seek court action to decide the disputed contract provision. 12. Notice. Any notice required to be given by either Party to the other shall be deposited in the United States mail, postage prepaid, addressed: To the County at: Jefferson County Administrator P.O. Box 1220 Port Townsend, WA 98368 To the City at: City Manager 250 Madison Street Port Townsend, WA 98368 Or, at such other address as either Party may designate to the other in writing from time to time. All notices to be given with respect to this Agreement shall be in writing. Every notice shall be deemed to have been given at the time it shall be deposited in the United States mails in the manner prescribed. Nothing in this section shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. 13. Entire Agreement. This Agreement constitutes the entire Agreement of the Parties and supersedes all prior agreements, contracts, and understanding, written or oral. The Parties agree there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. Any previous agreements, understandings oral or otherwise, are revoked. 4 14. Headings. The headings of the sections of this Agreement are for convenience of reference only and do not restrict, affect, or be of any weight in the interpretation or construction of the sections or this Agreement. 15. Construction of Agreement. The Parties negotiated this Agreement at arms -length, with the assistance and advice of competent, independent legal counsel. If a dispute arises between the Parties as to the meaning of terms, phrases or specific provisions of this Agreement, the authorship of this Agreement shall not be cause for this Agreement to be construed against any Party nor for any Party. 16. Execution. This Agreement is executed by each Party acting with authority granted, where required, by its governing body. This Agreement may be executed in counterpart originals. A copy of each such executed counterpart original shall be delivered to each Party upon that Party's execution of a counterpart original. 17. Administration. This Agreement will be administered by the City. This Agreement does not create any separate legal or administrative entity. However, nothing in this Agreement is intended to prevent or otherwise interfere with discussions or decisions that may be made by the Parties during the Annual Review. Further, the Parties understand and agree there will be communication between the Parties to effectuate the terms of this Agreement. 18. No Joint Budget. This Agreement does not contemplate a joint budget. 19. Property Acquisition and Disposition. This Agreement does not contemplate the joint acquisition of property by the Parties. At termination, each Party will remain the sole owner of its own property. 20. Applicable Law and Venue. The Parties signed this Agreement in the State of Washington. The laws of the United States, the State of Washington, and the County of Jefferson govern this Agreement, as if applied to transactions agreed upon and to be performed wholly within Jefferson' County, Washington between Jefferson County residents. No Party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. The venue for any court action will be in Kitsap County Superior Court. 21. Nondiscrimination. a. The Parties agree not to discriminate against any employee or applicant for employment or any other to perform this Agreement because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability as required by law, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. b. The Parties shall comply with all federal, state, or local laws, ordinances, rules, or regulations regarding nondiscrimination and equal employment opportunity applicable to the work to be done under this Agreement. 5 c. Violation of this section shall be a material breach of this Agreement and grounds for cancellation, termination or suspension, in whole or in part. 22. Waivers. Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power be taken to be a waiver of any other breach. 23. Records Retention. The Parties shall keep and maintain all records required by law in connection with the performance of this Agreement. 24. Public Records Requests. The County shall be responsible for timely and adequately responding to requests for records addressed to it under the Public Records Act. The City shall be responsible for timely and adequately responding to requests for records addressed to it under the Public Records Act. 25. Challenges. The entry into this Agreement shall not be construed to be a waiver or abandonment of any defense or claim either party may have against the other notwithstanding the entry into this Agreement. 26. Mutual Objectives. Each Party agrees to aid and assist the other in carrying out the objectives of this Agreement. 27. Authority. Each person who signed this Agreement acted with authority granted, where required, by a governing body of a party. 28. Filing with the County Auditor. Within 10 days of the effective date, the County shall file this Agreement with the Jefferson County Auditor. (SIGNATURES FOLLOW ON THE NEXT PAGE) G! JEFFERSON COUNTY WASHINGTON CITY OF PORT TOWNSEND Board of County Commissioners Jeffersyq County, Washington P B ,y:,�� John Mauro, City Manager Date Heidi 1: senhour, ChairDate y; ,� 'txy-1'ollette, Co����r��ssi�aner 1 ate p Greg Brotherton Coneortilo,, Date 0 SEAL:, ATTEST:, �""m'sana�w�ar�um��urmu,�re f � t Carolyp alloway Date Clerk of the Board Approved as to form only: � for 04/16/2025 Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney 1. Federal Award No. 693JJ32540284 4. Award To City of Port Townsend 250 Madison Street, Suite 2R Port Townsend, WA 98368 Unique Entity Id.: DBHSWAXBRWU5 TIN No.: 91-6001267 6. Period of Performance 24 months from effective date of award. 8. Type of Agreement Grant 10. Procurement Request No. HSA240197PR 12. Submit Payment Requests To See Article 5 2. Effective 3. Assistance Listings No. Date 20.939 See No. 16 Below 5. Sponsoring Office U.S. Department of Transportation Federal Highway Administration Office of Safety 1200 New Jersey Avenue, SE HSSA-1, Mail Drop E71-117 Washington, DC 20590 7. Total Amount Federal Share: $164,000 Recipient Share: $61 500 Other Federal Funds: $0 Other Funds: $0 Total: $225,500 9. Authority Section 24112 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58, November 15, 2021; also referred to as the "Bipartisan Infrastructure Law" or `BIL") 11. Federal Funds Obligated $164,000 13. Accounting and Appropriations Data 15XO 1 73E50.0000.055SR10500.5592000000.410 10.61006600 14. Description of the Project SS4A Action Plans for City of Port Townsend and Jefferson County RECIPIENT 15. Signature of Person Authorized to Sign 1.3.25 Date Name: John Mauro Title: City Manager FEDERAL HIGHWAY ADMINISTRATION 16. Signature of Agreement Officer Digitally signed by RYAN JOSEPH RYAN JOSEPH BUCK Buck Date: 2025.01.14 16:53:10-05'00' Signature Date Name: Ryan Buck Title: Agreement Officer 1 of 15 UKAN 1 AIiKL+ L1V1L' 1V 1 U1NVEK 1 n FISCAL YEAR 2023 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the United States Department of Transportation's (the "USDOT") Federal Highway Administration (the "FHWA") and the City of Port Townsend (the "Recipient"). This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All ("SS4A") Grant for the SS4A Action Plans for City of Port Townsend and Jefferson County. The parties therefore agree to the following: ARTICLE 1 GENERAL TERMS AND CONDITIONS 1.1 General Terms and Conditions. (a) In this agreement, "General Terms and Conditions" means the content of the document titled "General Terms and Conditions Under the Fiscal Year 2023 Safe Streets and Roads for All ("SS4A") Grant Program,", which is available at _tB rr a..:� ���ia�a��� �n��w r�aHs�l'�am�r��wui�_;a,a���� �m.�:under "Fiscal Year 2023." Articles 7-30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27). (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient's non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal -government -wide integrity and performance system. 2of15 ARTICLE 2 APPLICATION, PROJECT, AND AWARD 2.1 Application. Application Title: SS4A Action Plans for City of Port Townsend and Jefferson County Application Date: June 30, 2023 2.2 Award Amount. SS4A Grant Amount: $164,000 2.3 Federal Obligation Information. Federal Obligation Type: Single Budget Period: See Block 6 of Page 1 2.4 Grant Designation. Designation: Planning ARTICLE 3 SUMMARY PROJECT INFORMATION 2.5 Summary of Project's Statement of Work. The project will be completed in one phase as follows: The work will prepare two coordinated Comprehensive Safety Action Plans that meet all SS4A self -certification requirements. One plan will be for the City of Port Townsend and will cover all roads within the city limits, including state routes. The other plan will be for Jefferson County and will cover all roads and state routes in Jefferson County outside of the City of Port Townsend city limits. The scope of work for each plan will include work in the following six areas: • Public Institutional Commitment and Oversight • Systemic Transportation Network Crash and Roadway Risks/Needs Analysis • Public Engagement and Equity Impact Assessment • Policy/Plan/Procedure/Standards Assessment • Action Plan Development • Project Management 3of15 2.6 Project's Estimated Schedule. Action Plan Schedule Milestone Schedule Date NEPA Completion Date: May 29, 2024 Planned Draft Plan Completion Date: June 15, 2026 Planned Final Plan Completion Date: August 15, 2026 --............ Planned Final Plan Adoption Date: September 15, 2026 Planned SS4A Final Report Date: September 15, 20266 2.7 Project's Estimated Costs. (a) Eligible Project Costs Eligible Project Costs SS4A Grant Amount: $164,000 Other Federal Funds: $0 State Funds: $0 Local Funds: $61,500 In -Kind Match: $0 Other Funds: $0 Total Eligible Project Cost: $225,500 (b) Indirect Costs Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the Recipient's approved Budget Application. In the event the Recipient's indirect cost rate changes, the Recipient will notify FHWA of the planned adjustment and provide supporting documentation for such adjustment. This Indirect Cost provision does not operate to waive the limitations on Federal funding provided in this document. The Recipient's indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total obligated funding. 4of15 ARTICLE 3 RECIPIENT INFORMATION 3.1 Recipient Contact(s). John Mauro City Manager City of Port Townsend 250 Madison Street 360-379-5043 jmauro@cityofpt.us 3.2 Recipient Key Personnel. Name Steve King, P.E. Laura Parsons, P.E. Eric Kuzma 3.3 USDOT Project Contact(s). Title or Position Director of Public Works City of Port Townsend Civil Engineer III City of Port Townsend Asst. Public Works Director / Engineering Services Manager Jefferson County Safe Streets and Roads for All Program Manager Federal Highway Administration Office of Safety HSSA-1, Mail Stop: E71-117 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-366-2822 and Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management HCFA-33, Mail Stop E62-310 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-493-2402 4 ��ti.,d�� g.� v 5of15 and Division Administrator — Washington Agreement Officer's Representative (AOR) 711 Capital Way S. Suite 501 Olympia, WA 98501 (360)753-9480 aNA..pI1p (sV and Joel Barnett Washington Division Office Lead Point of Contact Division Safety and Design Engineer Washington Division 711 Capitol Way S. Suite 501 Olympia, WA 98501 (360) 534-9323 .1 ... ...... ARTICLE 5 USDOT ADMINISTRATIVE INFORMATION 5.1 Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management SUBAWARDS AND CONTRACTS APPROVAL Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract). Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the "AO") are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327. Note: This clause is only applicable to grants that do not include construction. In accordance with 2 CFR 200.308(f)(6), the recipient or subrecipient shall obtain prior written approval from the USDOT agreement officer for the subaward, if the subaward activities were not proposed in the application or approved in the Federal award. This provision is in accordance with 2 CFR 200.308(f)(6) and does not apply to procurement 6of15 transactions for goods and services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement. The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre -approval requirements of this clause. 5.2 Reimbursement Requests (a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient's supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient's share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the Agreement Officer's Representative (the "AOR") may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, the FHWA may waive the requirement that the Recipient use the DELPHI iSupplier System. The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements related to pursuing a waiver. (f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients. 7of15 ARTICLE 6 SPECIAL GRANT TERMS 6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement. 6.2. The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements. 6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures. 6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the Action Plan will be made publicly available and agrees that it will publish the final Action Plan on a publicly available website. 6.5 There are no other special grant requirements. 8of15 ATTACHMENT A PERFORMANCE MEASUREMENT INFORMATION Study Area: City Limits, City of Port Townsend, County Wide Jefferson County Table 1: Performance Measure Table Measurement Frequency and Measure Category and Description Reporting Deadline Percent of Funds to Underserved Within 120 days Equity Communities: Funding amount (of total after the end of the project amount) benefitting underserved period of communities, as defined by USDOT performance Within 120 days Costs Project Costs: Quantification of the cost after the end of the of each eligible project carried out using period of the grant performance Lessons Learned and Recommendations: Within 120 days Lessons Learned and Description of lessons learned and any after the end of the Recommendations recommendations relating to future period of projects or strategies to prevent death and performance serious injury on roads and streets. 9of15 ATTACHMENT B CHANGES FROM APPLICATION Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of Attachment B is to clearly and accurately document any differences in scope, schedule, and budget to establish the parties' knowledge and acceptance of those differences. See Article 11 for the Statement of Work, Schedule, and Budget Changes. If there are no changes, please insert "N/A" in Section 3.3 of the table. Scope: No Change to the Scope since the application. Schedule: The dates in this agreement have been changed from the dates in our application based on information obtained since we completed our application. Budget: No Change to Budget The table below provides a summary comparison of the project budget. Application Section 3.3 Fund Source $ % $ % Previously Incurred Costs (Non -Eligible Project Costs) N/A Federal Funds N/A Non -Federal Funds N/A Total Previously Incurred Costs N/A Future Eligible Project Costs N/A S S4AFunds N/A .......... _ Other Federal Funds _.....� �. __ N/A Non -Federal Funds N/A Total Future Eligible Project Costs N/A Total Project Costs I L N/A N/A N/A N/A 10 of 15 ATTACHMENT C RACIAL EQUITY AND BARRIERS TO OPPORTUNITY Efforts to Improve Racial Equity and Reduce Barriers to Opportunity. The Recipient states that rows marked with "X" in the following table align with the application: A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below) The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity -focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below) The Project includes physical -barrier -mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below) The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.) The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below. The Recipient has not yet taken actions related to the Project to improve racial X equity and reduce barriers to opportunity but intends to take relevant actions described in the supporting narrative below. The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award. 2. Supporting Narrative. The project will include reviewing and identifying initiatives and projects to support underserved citizens in the City. 11 of 15 ATTACHMENT D CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS 1. Consideration of Climate Change and Environmental Justice Impacts. The Recipient states that rows marked with "X" in the following table align with the application: The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below) The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below) The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Recipient or a project partner used environmental justice tools, such as the EJScreen, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.) The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.) ............ The Project incorporates electrification infrastructure, zero -emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.) The Project supports the installation of electric vehicle charging stations.. (Describe that support in the supporting narrative below) The Project promotes energy efficiency. (Describe how in the supporting narrative below) The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below) The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below) The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.) 12 of 15 The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below) The Project supports or incorporates the construction of energy and location - efficient buildings. (Describe how in the supporting narrative below.) The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below) The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project, as described in the supporting narrative below. X The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but will take relevant actions described in the supporting narrative below. The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award. 2. Supporting Narrative. As part of this project, the City will identify and review climate change and environmental justice impacts of projects recommended by the Action Plan. 13 of 15 1. Efforts to Support Good -Paying Jobs and Strong Labor Standards The Recipient states that rows marked with "X" in the following table align with the application: The Recipient demonstrate, to the full extent possible consistent with the law, an effort to create good -paying jobs with the free and fair choice to join a union and incorporation of high labor standards. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project. (Describe the relevant provisions in the supporting narrative below) The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.) The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.) The Recipient or a project partner will support free and fair choice to join a� union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to (levelol) labor-management training programs. (19esc°ribe the tii,,or 4lbrc.e dewreloponent services ox:!red lair lerlrerr rrra►a.agerr�errt trcriniwrghrexrtr�r rwlrilr.� in they srrlymiling narrative below.) The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre -employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below) The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below) 14 of 15 The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity„ including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including: a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor's Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements and meet the requirements as outlined in the Notice of Funding Opportunity to make good faith efforts to meet the goals of 6.9 percent of construction project hours being performed by women and goals that vary based on geography for construction work hours and for work being performed by people of color; c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements; d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti -harassment and third -party reporting procedures covering employees and contractors; and f. maintaining robust anti -retaliation measures covering employees and contractors. (Describe the equal opportunity plan in the supporting narrative below.) The Recipient has taken other actions related to the Project to create good - paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below) The Recipient has not yet taken actions related to the Project to create good- x paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the project, will take relevant actions described in the supporting narrative below. The Recipient has not taken actions related to the Project to improving good - paying jobs and strong labor standards and will not take those actions under this award. 2. Supporting Narrative. 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