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HomeMy WebLinkAbout04122010 City Council Packet Seward City Council Agenda Packet Spring in Seward April 12 2010 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska Itatal CITY COUNCIL MEETING AGENDA All-America {Please silence all cellular phones and pagers during the meeting} lc April 12, 2010 7:00 p.m. Council Chambers 1. CALL TO ORDER Willard E. Dunham 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2011 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. Jean Bardarson [Those who have signed in will be given the first opportunity to Vice Mayor speak Time is limited to 2 minutes per speaker and 30 minutes total Tenn Expires 2010 time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA Robert Valdatta [Approval of Consent Agenda passes all routine items indicated by Council Member asterisk ( *). Consent Agenda items are not considered separately Term Expires 2011 unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] Tom Smith Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2011 A. Proclamations and Awards Vanta Shafer 1. National Public Safety Telecommunications week Pg. 4 Council Member 2. Public Welcome for Military Families attending retreats in April at Term Expires 2011 the Seward Resort ..Pg. 6 3. Lion's Club presents two AED monitors to the Seward Police Dept. Marianna Keil 4. SPD Correctional Officer certifications for Chris Murphy and Cassie Council Member Mahl Pg. 7 Term Expires 2010 B. Borough Assembly Report C. City Manager's Report Linda Amberg D. City Attorney Report Council Member E. Vice -Mayor Report Term Expires 2010 F. Other Reports, Announcements and Presentation 1. Presentation from the Alaska Jujiro Wada Memorial Association by Edgar Blatchford, Keizo Sugimoto, and Tony Nakazawa Phillip Oates City Manager 7. PUBLIC HEARINGS Jean Lewis A. Resolution for Public Hearing, although not required. City Clerk 1. Resolution 2010 -029, Authorizing The City Manager To Implement The Seward Small Boat Harbor Vessel Maintenance And Repair Cheryl Brooking Policy .Pg. 11 City Attorney B. Resolution Requiring a Public Hearing 2. Resolution 2010 -030, To Approve Revisions To The All Hazard Mitigation Plan For The City Of Seward For Submission To The Kenai Peninsula Borough .Pg. 19 City of Seward, Alaska Council Agenda April 12, 2010 Page 1 8. UNFINISHED BUSINESS — None 9. NEW BUSINESS A. Resolutions 'tad 1. Resolution 2010 -031, Supporting Shared Sponsorship Of The Japan And Alaska Jujiro Wada Memorial Association Trade Mission Exchanging Opportunities To Grow Travel Trade Via Tourism Market Promotion Of Marathon And Sport Events And Approving The Submission Of A $5,000 Discretionary Grant And An Under $2,000 Alaska Humanities Forum Grant To Assist With Costs Associated With Travel For The Trade Mission Executive Delegates And Their Planned Proposal , P g . 80 *2. Resolution 2010 -032, Changing The Title On A Job Description From Assistant City Clerk To Deputy City Clerk To Reflect The Hiring And Approval Provisions Applicable To That Position In The City Code And Affirming Johanna Dollerhide As The Deputy City Clerk Pg. 94 *3. Resolution 2010 -033, In Support Of The Greater Railbelt Energy And Transmission Corporation (GRETC) And House Bill 182 And Senate Bill 143 Pg. 103 4. Resolution 2010 -034, Opposing "An Initiative Creating An Alaska Anti- Corruption Act" Which Will Be On The 2010 Alaska Primary Election Ballot Pg. 106 *5. Resolution 2010 -035, Supporting Sponsorship For The Chamber Of Commerce's Annual Silver Salmon Derby For An Amount Of $5,000.00 Pg. 148 6. Resolution 2010 -037, Accepting A Grant From The State Of Alaska In The Amount Of $167,000 And Authorizing The City Manager To Enter Into A Contract With First Student Inc., For Seasonal Transportation Services For An Amount Not To Exceed $95,025 And Appropriating Funds Pg. 151 7. Resolution 2010 -038, Supporting The Kenai Peninsula Borough's Efforts Of The Kenai Peninsula Borough To Urge The Federal Highway Administration To Allocate $17,332,100 To Make The Lowell Point Road Improvement Project Fiscally Possible And Keeping It A Feasible 2010 Federal Transportation Priority Pg. 200 B. Other New Business Items *1. Approval Of The March 22 and 23, 2010 City Council Regular Meeting Minutes Pg. 204 2. Schedule a work session in June to discuss the wellness initiatives and programs. 10. INFORMATIONAL ITEMS AND REPORTS (No action required) A. March Mayoral Report . Pg. 215 B. Letter from Mayor Dunham to Exxon Valdez Oil Spill Trustee Council...Pg. 217 C. Two reply letters from U.S. Senator Lisa Murkowski . Pg. 219 D. January 2010 City Financials ... Pg. 221 E. Legal expenditures January through March 2010 Pg. 222 F. February 2010 Providence Seward Medical Center Financials Pg. 225 City of Seward, Alaska Council Agenda April 12, 2010 Page 2 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak.) 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. EXECUTIVE SESSIONS (postponed from the March 22, 2010 meeting) A. Go Into Executive Session To Conduct The City Attorney Evaluation. 15. ADJOURNMENT City of Seward, Alaska Council Agenda April 12, 2010 Page 3 National Public Safety Telecommunications Week April 11 -17, 2010 WHEREAS, emergencies can occur at anytime that require police, fire or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and medics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Seward communications center; and WHEREAS, Public Safety dispatchers are the first and most critical contact our citizens have with emergency services and are the single vital link for our police officers, medics and firefighters by monitoring their activities by radio, providing them information and insuring their safety; and WHEREAS, public safety dispatchers of the Seward Police Department have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS, dispatchers exhibit compassion, understanding and professionalism during the performance of their jobs in the past year. THEREFORE, BE IT RESOLVED, that the Seward City Council declares the week of April 11 -17, 2010 as National Public Safety Telecommunications Week in honor of the men and women whose diligence and professionalism keep our city and citizens safe here, and throughout the state of Alaska. SIGNED this 12 Day of April, 2010. Jean Bardarson, Vice -Mayor City of Seward, Alaska 4 National Emergency Number Association Alaska Chapter ` �-� �1 6411 A Street Suite 200 Anchorage, AK 99518 • ,r, A . (907) 569 -5672 S. EMERGERCY March 10, 2010 NENA ■ anew Mayor Willard Dunham Dear Mayor Dunham April 11 -17 of 2010 marks National Public Safety Telecommunications week. This is the week we put a special focus on our 911 professionals around the State of Alaska as part of a nationwide effort. Everyday, millions of people depend on the skill, expertise and commitment of these professionals. National Public Safety Telecommunications Week enhances public awareness and promotes the much needed education regarding important public safety issues and legislation by placing national attention on the seemingly nameless and faceless individuals who help save countless lives by responding to emergency calls, dispatching emergency professionals and equipment and providing moral support to citizens in distress. f 1111r, The Alaska Chapter of the National Emergency Number Association (NENA) would like to encourage the Seward City Council to recognize its 911 professionals during this special week. I have attached a sample proclamation for your review and would sincerely appreciate the consideration. Chief Tom Clemons and Dispatch Supervisor Sheila Squires have been active members of NENA for several years and are available for any questions, as am I. Thank you for your consideration and for the support of emergency communications throughout the state of Alaska. Sincerely, Gina Wheeler, President NENA Alaska Chapter • The Seward Military Resort is hosting Military Strong Bonds and Military Single Soldier retreats throughout the month of April. These retreats assist thousands of soldiers and their families with the transition back home with their families. The Seward City Council wishes to welcome the soldiers and their families to Seward, and extend our gratitude for their honor and dedicated service for our country. Welcome Hom Dated this 12 day of April, 2010 Jean Bardarson, Vice -Mayor ` a o - " °� C � State of Alaska J ...y Department of Public Safety -' Alaska PoIice Standards Council Sean Parnell, Governor Joseph A. Masters, Commissioner March 1, 2010 Officer Cassie L. Mahl City of Seward Police Dept. P. O. Box 167 Seward, AK 99664 Dear Officer Mahl: The Alaska Police Standards Council is pleased to award you a Basic Municipal Correctional Officer Certificate, for which you have qualified pursuant to 13 AAC 85.235. Your original r Certificate and APSC wallet card are being forwarded under separate cover to Chief Tom Clemons for presentation to you. On behalf of the Council, I wish to congratulate you on your demonstration of the professionalism this Certificate represents. Sincerely, 774.74;1.41. Terry Vrabec Executive Director cc: Chief Tom Clemons Seward Police Dept. "Public Safety through Public Service" Alaska Police Standards Council P.O. Box 111200 - Juneau, AK 99811 Ai+_�_• nn7 AOC A9•0 _. Q_... OSN7 AQG •OC• 7 r, .... .,::: :, 7, - ; - .. --- m,:5,--7---,•,.??,-;,..,,,,./...,,,;;;;,,,,,,,,,_-______,/,,F,-,,,,,--,,, . ,..'‘I.. ..,- -.c<1 C 07?; - : '''' '' ' '' , . - ..----- \ '.2 tl ii ,),,, ' aritAli iftt! ,, ...../6: li: •.,:i .-. 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(.• 0 , .9‘ \ 0 A e r y , 410, :..., E N ■■,, ... i;:.• f ‘.7%.,N11%.`01■44' i :i, ..:* %-.--,...„...:..;,., who has qualified pursuant to 13 AAC 85.235 as a -.1. -----, . (; ..,',; '.. 1A -: .:, k:S Y-7- " 4r . ---- :',. r.,,, ,, ,- . ,. ,t,, -,•• • ,, Ceiti d unici f Correctional O i ,.,.. _ .,-- :),•- ,-,,:,.•:. ,,,,,,..r.v, a ,:..„:„............„.„.„ ,_._, ,.‘,....f:,1 12 i: • given under our hands this 26 TH day of TANI JARY , 20 10 2 _X t „- , • , - , ..:, , -...; r at.:',- '•, il'Ikc • )‘ i: ''' .• '; 'iv' - 1E 4 f, _________C,.................: '7#'1 ,, , ;y.I j ,'.'; '' . • ' A T At ',;)) .1. ' , 1,7■;.. -- , ::..*. 4 ti' _ :..-,-: ' Ir i ''' '',',.. ' • r . , ..■.:::' ' i • , ..cii . 0 t - ..... ,,,,(ir. 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Your original l Certificate and APSC wallet card are being forwarded under separate cover to Chief Tom Clemons for presentation to you. On behalf of the Council, I wish to congratulate you on your demonstration of the professionalism this Certificate represents. Sincerely, --- 7-.,2 1 .::::tv.. 4 -- - Terry Vrabec Executive Director cc: Chief Tom Clemons Seward Police Dept. "Public Safety through Public Service" Alaska Police Standards Council P .O. Box 111200 - Juneau, AK 99811 nu n117 •l!.& A• _. c..... flItT wee .),IL“) „;::::::,-. 0 .'''.'iie, iaelaiy.$4. Vittii I : , OF ' Pi,,..-„,4,...4011111e47:1'4., ',",,,,,. "Ardi ' 4 , 1 , ', , , OF- ' ' ,,, , Z444.4' 1 .: , ',z_f4~4,-.1 ‘ 431" r ` ,, ,, , e , , i0- . ,-,, s 'iN, , ,I ,:f ' ,, V ' ,,,-,--”, ..fs,-72,1..3. 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' ,. )4 :;:,.' ::, ,,, ie i ,1 ,:;: ( 1 41; :`) i : -,„: i . ,1 l'' ., : : : : ::,r1 . . , ' i . 1 : 2 i . 5: : ' ' ,r ? ' ;1 : -,*- --..:::i :-N , ,,,.„.4 Printed in Jun.,.,. oy Alaska Litho. Inc. Sponsored by: Oates '`.o CITY OF SEWARD, ALASKA RESOLUTION 2010 -029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE SEWARD SMALL BOAT HARBOR VESSEL MAINTENANCE AND REPAIR POLICY. WHEREAS, vessels within the Seward Small Boat Harbor routinely require minor maintenance including varnishing, waxing, sanding, painting, window replacement, and other small repairs which are not cost effective to be completed at an upland storage and maintenance yard; and WHEREAS, while some vessel owners and operators strive to be considerate of other harbor users and harbor infrastructure by containing waste and debris associated with maintenance activities, a clear policy and requirement statement from the City does not exist; and WHEREAS, in the fall of 2009, the Port and Commerce Advisory Board and City administration recognized a need for, and subsequently developed a policy for, managing vessel maintenance activities occurring in the Seward Harbor; and WHEREAS, the City administration attempted to balance the issues of small businesses and boat owners conducting their own work against protecting the interests of the City, specifically to follow state and federal environmental guidelines and to preserve the non - industrial nature of the Seward Small Boat Harbor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to implement the Seward Small Boat Harbor Vessel Maintenance and Repair Policy, in substantial form as presented at this meeting, and to make such changes to the policy as necessary to finalize the policy but without changing the substantive terms as described in the policy. Section 2. This resolution shall take effect 10 (ten) days after passage and posting. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 12`" day of April, 2010. 1 1 Agenda Statement Meeting Date: April 12, 2010 of s is To: Phillip Oates, City Manager 0 ) 7; . ‘. ° -i From: Kari Anderson, Harbormaster .P � �qSK Agenda Item: Adopting A Vessel Maintenance and Repair Policy for the Seward Small Boat Harbor BACKGROUND & JUSTIFICATION: The Port & Commerce Advisory Board (PACAB) held a work session on September 16, 2009 to discuss options for vessel maintenance and repair policies for the Seward Small Boat Harbor. William Ashton from the Alaska Department of Environmental Conservation and Whittier Harbormaster Ed Barrett spoke at this meeting. Several members of the public also commented at this meeting regarding the necessity for boat owners to perform minor maintenance at their slips. The conclusion of this work session was guidance for City of Seward administration to develop a policy for vessel owners to conduct routine maintenance and repairs on their vessels within the harbor. The Port & Commerce Advisory board also recommended that vessel owners completing maintenance and repair activities outside of the confines of their vessel should file a work plan with the Harbormaster's office, similar to obtaining a `hot work' permit. Harbor staff researched and ultimately developed the proposed Vessel Maintenance and Repair Policy for conducting this type of work within the harbor. These policies are modeled after Clean Marina initiatives in other states, and best management practices outlined by the State of Alaska from the Alaska Coastal Management Program. The harbor has sought public input on these proposed policies. Letters were sent to local yacht clubs, and several private businesses. Recommended changes were made by PACAB members at their March 17 meeting, and these changes are included in the current policy. The goal is to avoid maintenance by- products and debris from entering the water or contaminating floats, docks or adjacent vessels. INTENT: To Adopt a Vessel Maintenance & Repair Policy for the Seward Small Boat Harbor CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: Yes (List Below) No SCC §7.10.545 Repair and maintenance work that cannot be done within the confines of the vessel shall be accomplished only in an area designated for that purpose by the harbormaster. SBH Management Plan Restrict vessel repairs to locations where adequate safety precautions are taken under the required state and federal permits. FISCAL NOTE: This policy has a zero fiscal impact on the City of Seward. 1 2 Approved by Finance Department: ' ,pi ttclui•P ATTORNEY REVIEW: Yes X No RECOMMENDATION: Council recommends Resolution 2010 -Q authorizing the City Manager to implement the Seward Small Boat Harbor Vessel Maintenance and Repair Policy. 13 SEWARD SMALL BOAT HARBOR VESSEL MAINTENANCE AND REPAIR POLICY NO DEBRIS OR POLLUTANTS ARE ALLOWED TO ENTER THE WATER OR CONTAMINATE FLOATS, DOCKS, FINGERS OR ADJACENT VESSELS. 1. Whenever practical remove vessel from water to do maintenance or repairs. 2. HOT WORK PERMIT REQUIRED when welding, grinding, torch work or when any other open flame apparatus is being used. 3. No more than 50% of surface area of vessel may be worked in a 24 hour period. More extensive work is prohibited in the harbor. Scaffolding on the docks, floats, or city property is not allowed and may not extend beyond the confines of the vessel. 4. NO SPRAY PAINTING. Brush or roller only. Air -dry empty paint cans before disposal. 5. Always mix paints, solvents, etc. on impervious surfaces (tarp, plastic, in a tote, or other form of containment). 6. Tarp or plastic enclosures are required when sanding, grinding, or painting on exterior of vessel. 7. Sweep and collect paint chips immediately after scraping or sanding. Don't hose or sweep debris into the harbor. 8. Use damp cloth to wipe off small amounts of sanding dust, or use vacuum sanders and grinders to reduce the risk of contaminants entering the water. 9. Plug scuppers to contain dust and debris. 10. Store collected scraping of sanding residue on your vessel under cover in a manner that minimizes contact with water or storm water until properly disposed of. 11. No sanding or grinding in high wind situations (above 20 knots). Nord 12. When painting or sanding on hull proper containment for residue is required to keep paint, chips, etc. from getting into water. Cover gap between boat and slip with tarp or plastic. Reverse boat in slip to work on other side. 13. If using raft to conduct maintenance or repair activities, a tarp or plastic must be between raft and vessel to collect all by- products of work being done. 14. Use minimal abrasion when cleaning hull below waterline. No scraping or abrasive process that will remove paint. Frequent hand washing should not cause any paint to abrade or chip off. 15. Minimize the use of soaps and detergents when washing vessel above waterline. Use phosphate - free and biodegradable cleaning agents and detergents. 16. Maintenance materials shall not be left on floats or fmgers for more than 8 hrs and may not impede the flow of traffic on floats or forgers. 17. Prop and zinc changes are allowed. Dispose of zincs properly at aluminum recycling stations. 18. Dispose of used oil and anti -freeze in collection sites provided around harbor. 19. Changing of oil or any other maintenance activities are not allowed in the parking lots. 20. A permit is required from the Harbormaster for maintenance activities which cannot be completed within the confines of the vessel. Exceptions to this policy require written consent from the Harbormaster prior to conducting vessel maintenance and repair activities within the Seward Harbor. SEWARD HARBOR MAINTENANCE PERMIT FORM SEWARD BOAT HARBOR P.O. BOX 167 Seward, AK 99664 Phone 907 - 224 -3138 Fax 907 - 224 -7187 ANYONE CONDUCTING MAINTENANCE BEYOND THE CONFINES OF THEIR VESSEL MUST HAVE A MAINTENANCE PERMIT ISSUED BY THE HARBORMASTER'S OFFICE 1. VESSEL NAME: LENGTH: VESSEL HARBOR ACCOUNT NO: LOCATION OF VESSEL: OWNER: ADDRESS: CONTACT NUMBER /EMAIL: CONTRACTOR; 2. TYPE OF WORK BEING DONE: 3. VESSEL MAINTENANCE AND REPAIR POLICES FOLLOWED: 4. DEBRIS DISPOSAL /RECYCLING PLAN: 5. HOTWORK PERMIT REQUIRED: YES NO 6. OWNER /OPERATOR IS AWARE OF VESSEL MAINTENANCE AND REPAIR POLCIES AND WILL COMPLY WITH WASTE DISPOSAL ORDINANCES : (SIGNATURE) 7. OWNER /OPERATOR IS RESPONSIBLE FOR INFORMING ANY CONTRACTOR OF VESSEL MAINTENANCE AND REPAIR POLICIES AND WILL ENSURE COMPLIANCE: (SIGNATURE) .f" VESSEL MAINTENANCE AND REPAIR PERMIT City of Seward - Harbor Dep rtrfient (Customer Copy Display at Work Site) El Notified of Maintenance Polic El Permit Form on File Boat Name: E] Hot Work Permit (if ne ded) Owner Name: C] Notification when'omplete Slip Number: r� Work Period: Issuing Person: KARI ANDERSON, Harbormaster VESSEL MAINTENANCE AND REPAIR PERMIT er r City of Seward - Harbor Department (Harbor Office Copy) q., J 0 Notified of Maintenance,Poltcy a'�KP Boat Name: Permit Form on File Owner Name: ▪ Hot Work Permit (if needed) Slip Number: ▪ Notification_ -hen complete Work Period: i Issu Person: KARI ANDERSON, Harbormaster 0 CITY OF SEWARD Harbor Department P. O. Box 167 7A.. 907.224.3138 907.224,7187 fax 410 Adams Street o Seward, Alaska 99664 harbormaster @cityofseward.net s March 8, 2010 Dear Yacht Club Members: The Seward Harbor Department recognizes the need for vessels to do cleaning and minor repair and maintenance work within the harbor- either in transient moorage locations, or at an assigned slip. Section §7.10.545 of the Seward City Code reads: Repairs and maintenance of vessels. No person may spray paint a vessel while moored or anchored in the harbor. No person may repair or maintain a vessel at its berth unless all the work is performed aboard the vessel and all the materials used in repairing or maintaining the vessel are kept on board the vessel. Repair and maintenance work that cannot be done within the confines of the vessel shall be accomplished only in an area designated for that purpose by the harbormaster. Previously, "an area designated for this purpose by the Harbormaster" was interpreted to mean an upland repair and maintenance yard. However, the harbor recognizes that varnish work, waxing a hull, and other minor maintenance items should be allowed to be completed in the 141i0.• harbor without the expense of hauling the vessel and storing it in a yard. To meet the needs of responsible boat owners the Harbor has developed the proposed Vessel Maintenance and Repair Policies for conducting this type of work in the harbor. (See attachment) These policies are modeled after Clean Marina initiatives in other states, and Best Management Practices outlined by the State of Alaska from the Alaska Coastal Management Program. We are seeking public input on these proposed policies. Our goal is to avoid maintenance by- products and debris from entering the water or contaminating floats, docks or adjacent vessels. These proposed policies will be discussed at an upcoming Port & Commerce Advisory Board Meeting on Wednesday March 17 at noon (at City Hall in Seward). Comments may also be emailed directly to harbormaster (a,cityofseward.net. Finally, this policy is tentatively scheduled to be a public hearing item at the April 12 City Council meeting. I welcome your comments, and look forward to developing a policy that makes the harbor better for its users and the environment. Regards, k4 Kari Anderson Seward Harbormaster Kari Anderson From: Harbor Master Sent: Tuesday, May 19, 2009 12:01 PM To: Kari Anderson Subject: FW: Seward maintenance /painting Original Message From: Gregory.M.Haas@uscg.mil [ mailto:Gregory.M.Haas @uscg.mil] Sent: Monday, May 18, 2009 1:25 PM To: Harbor Master Cc: Versaw, Greg LT Subject: FW: Seward maintenance /painting - Kari, An essential readiness issue for every Coast Guard ship is the ability to conduct routine maintenance while moored in homeport. The city ordinance you recently enforced has a significant and immediate impact on our ability to maintain the cutter. If this limitation is a product of environmental concerns, we have extensive requirements to ensure we are not dirtying the harbor (I have included a brief summary below). Whatever method you choose to pursue, a waiver through your office, or limited to Float F, we need the ability to paint our hull in our homeport. V /R, LT Gregory Haas CGC MUSTANG Phone: (907) 224 -5202 Cell: (907) 491 -2777 Fax: (907) 224 -5204 Email: gregory.m.haas @uscg.mil Seward Smallboat Harbor, Float F PO Box 49 Seward, AK 99664 Here is a brief summation of the precautions we take during surface maintenance to the hull. The references below give greater detail to what is required. During preparation of the hull: The sanders used are equipped with a vacuum system to collect dust. Tarps are hung between the water and the surface being prepped. Sanding stops approximately every 15 minutes to remove dust or paint chips that collect on the tarp (more frequently if necessary.) Prior to removing tarps, the surface is wiped free of dust. Garbage receptacles are present to collect preparation consumables (used sandpaper, tape, ect.) During painting of the hull: Drop cloths are placed below the area being painted (either the pier or the paint float.) Only 2 cups of paint are allowed on the paint float at a time (one cup per person.) An additional person is on deck to ensure that proper precautions are in place for both the job and environmental conditions. 1 • Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, TO APPROVE REVISIONS TO THE ALL HAZARD MITIGATION PLAN FOR THE CITY OF SEWARD FOR SUBMISSION TO THE KENAI PENINSULA BOROUGH WHEREAS, the Federal Emergency Management Agency (FEMA) requires all States to submit a Hazard Mitigation Plan to be eligible for any FEMA funding in disasters; and WHEREAS, the Kenai Peninsula Borough incorporates into their plan the City of Seward's All- Hazard Mitigation Plan as an annex; and WHEREAS, FEMA disaster recovery funding requires regular updates to the Plan; and WHEREAS, the Kenai Peninsula Borough (KPB) is working with Peninsula cities to update the All- Hazard Mitigation Plan; and WHEREAS, the City of Seward's All- Hazard Mitigation Plan is scheduled for adoption by the Council on April 12, 2010; and WHEREAS, the Kenai Peninsula Borough's All- Hazard Mitigation Plan, including the City of Seward annex, is scheduled for introduction on May 4, 2010 and final adoption on June 8, 2010; and WHEREAS, the All- Hazard Mitigation Plan will then continue on to the State and Federal level for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council approves the Seward All- Hazard Mitigation Plan as attached. Section 2. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12 day of April, 2010. <9 Council Agenda Statement t Ho f sFw Meeting Date: April 12, 2010 u 1-.- From: Phillip Oates, City Manager 1 t4Sr Agenda Item: Adoption of the Seward All- Hazard Mitigation Plan BACKGROUND & JUSTIFICATION: The Kenai Peninsula Borough (KPB) is in the process of updating the All - Hazard Mitigation Plan and is working with Peninsula cities to develop the final draft of a multi jurisdictional mitigation plan. Meetings with the cities began in early February. The plan addresses emergencies and mitigation measures for earthquakes, floods, wildfires, tsunamis and severe weather events, avalanches, erosion, and technological and human caused hazards - hazards that pose high risk to the communities of the KPB. The All - Hazard Mitigation Plan will be evaluated and updated every five years or within one year of a disaster event that significantly affects the KPB community. This is the first update to the plan. KPB incorporates the City of Seward's All - Hazard Mitigation Plan as an annex. The plans being updated at this time are hazard mitigation plans as opposed to emergency response plans. Emergency response typically involves well- practiced, coordinated efforts to save lives and property following a disaster. Hazard mitigation is intended to reduce community and individual vulnerability to, as well as the economic and emotional costs of, hazards before they occur. Seward has both types of plans in place. The Kenai Peninsula Borough's All Hazard Mitigation Plan, including the City of Seward's annex, is scheduled for introduction on May 4, 2010 and final adoption on June 8, 2010. The All- Hazard Mitigation Plan will then continue on to the State and Federal level for adoption. INTENT: Approve and adopt revisions to the All Hazard Mitigation Plan for the City of Seward. FISCAL NOTE: This policy has no fiscal impact on the City of Seward. Approved by Finance Department: r ATTORNEY REVIEW: Yes No X CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies. RECOMMENDATION: Approve Resolution 2010 30 adopting revisions to the All Hazard Mitigation Plan for the City of Seward. 20 City of ewar of Sew A at 0 ♦ L= .� ♦ \ ,♦1 qL All Hazard Mitigation Plan Final Plan April 12, 2010 Seward Hazard Mitigation Plan -1- March 23, 2004 a Revised April 12, 2010 ST TABLE OF CONTENTS Page 1. Chapter 1 - Introduction 3 I. - Purpose of Plan .. 3 II. - Methodology 4 III. -Plan Organization .. 5 IV. -City of Seward- background 6 2. Chapter 2 - Hazard Identification 8 3. Chapter 3 - Historical Hazards in Seward 15 4. Chapter 4 - Hazards in Seward . 18 Annex A - Floods 18 Annex B - Earthquakes 25 Annex C - Tsunami 28 Annex D - Coastal Erosion 29 Annex E - Wildland Fire 33 Annex F - Weather 34 Annex G -Snow Avalanches /Landslides 35 Annex H - Volcano ... 36 Annex I - Technical 37 Annex J - Economic ... 38 5. Chapter 5 - Public Participation on Plan 42 6. Chapter 6 - Implementation ... 43 6 A - Potential Project List .. 44 7. References - References and addendums . 47 Seward All Hazard Mitigation Plan -2- March 23, 2004 Revised, April 12, 2010 Chapter 1 - Introduction I. Purpose of Plan The purpose of this plan is to fulfill local Hazard Mitigation Plan requirements. The plan will identify hazards; establish community goals and objectives and select mitigation activities that are appropriate for the City of Seward. The Disaster Mitigation Act of 2000 (DMA 2000), Section 322 (a -d) requires that local governments, as a condition of receiving federal disaster mitigation funds, have a mitigation plan that describes the process for identifying hazards, risks and vulnerabilities, identify and prioritize mitigation actions, encourage the development of local mitigation and provide technical support for those efforts. In addition, this plan has fulfilled the requirements of the National Flood Insurance Reform Act of 1994 (NFIRA). With this act, Congress authorized the establishment of a Federal grant program to provide financial assistance to States and communities for flood mitigation planning and activities. The Federal Emergency Management Agency (FEMA) has designated this Flood Mitigation Assistance (FMA). Under the FMA, FEMA provides assistance to States and communities for activities that will reduce the risk of flood damages to structures insurable under the National Flood Insurance Program (NFIP). FMA is a state - administered, cost -share program through which states and communities can receive grants for flood mitigation planning, technical assistance and mitigation projects. The purpose of this plan is to produce a program of activities that will best tackle Seward's hazard and flood problems and meet other community needs. Consistent with FEMA planning process guidelines, the purpose of this plan is to accomplish the following objectives: • Ensure that all possible activities are reviewed and implemented so that disaster related hazards are addressed by the most appropriate and efficient solution; • Link hazard management policies to specific activities; • Educate residents about potential hazards that threaten the community, including but not limited to flood and wildfire hazards, extreme weather conditions, earthquakes and tsunami; • Build public and political support for projects that prevent new problems from known hazards and reduce future losses; • Fulfill planning requirements for future hazard mitigation project grants; and, • Facilitate implementation of hazard mitigation management activities through an action plan. Seward All Hazard Mitigation Plan -3- r 3 March 23, 2004 r_ Revised, April 12, 2010 II. Methodology The methodology used for the development and updating of the Seward Hazard Mitigation Plan, consisted of the following tasks: 1. Public involvement 2. Coordination with other agencies or organizations 3. Hazard area inventory 4. Problem identification 5. Review and analysis of possible mitigation activities 6. Local adoption following a public hearing 7. Periodic review and update This hazard mitigation plan contains a list of potential projects and a brief rationale or explanation of how each project or group of projects contributes to the overall mitigation strategy outlined in the plan. The Mitigation Plan will be evaluated and updated every five years. In addition, the plan will be updated as appropriate when a disaster occurs that significantly affects Seward, whether or not it receives a Presidential Declaration. The update will be completed as soon as possible, but no later than the 12 months following the date the disaster occurs. Routine maintenance of the plan will include adding projects, as new funding sources become available or taking projects off the list when they are accomplished. Seward All Hazard Mitigation Plan -4- March 23, 2004 (. 4 Revised, April 12, 2010 The Plan is organized as follows: Chapter 1 Chapter 1 presents sections on the purpose and goals of the plan, methodology used, and a background study of the City of Seward. Chapter 2 Chapter 2 identifies known hazards in Seward, such as flooding, tsunami and earthquake potential, and beach erosion, including probability of each event. Chapter 3 Chapter 3 addresses historical floods and other hazards that have occurred within the City of Seward. Chapter 4 Chapter 4 includes annexes of hazards affecting the City of Seward with hazard assessment vulnerability and potential mitigation measures. Chapter 5 Chapter 5 outlines the public participation process undertaken during the planning process and for the purpose of prioritizing projects and updating the plan. Chapter 6 Chapter 6 addresses implementation procedures and a process for updating the plan. References References are included in this section. Seward All Hazard Mitigation Plan -5- March 23, 2004 Revised, April 12, 2010 • IV. City of Seward — Background General Location Nerd Seward is situated on Resurrection Bay on the east coast of the Kenai Peninsula, 125 highway miles south of Anchorage. It lies at the foot of Mount Marathon, and is the gateway to the Kenai Fjords National Park. The communities of Bear Creek and Lowell Point are adjacent to Seward. The city lies at approximately 60.10417 North Latitude and 149.44222 West Longitude (Sec. 10, T001 S. R001 W, Seward Meridian). The City of Seward is located in the Seward Recording District. The incorporated area encompasses 14.4 sq. miles of land and 7.1 sq. miles of water. Climate Seward experiences a maritime climate. Winter temperatures average from 17 to 38 degrees F; summer temperatures average 49 to 63 degrees F. The average annual precipitation includes 66 inches of rain and 80 inches of snowfall. Due to the proximity of the Gulf of Alaska and the topography of the land, large low pressure systems often bring heavy rains and strong winds during the fall storm season. History of Seward Resurrection Bay was named in 1792 by Russian fur trader and explorer Alexander Baranof. While sailing from Kodiak to Yakutat, he found unexpected shelter in this bay from a storm. He named the bay Resurrection because it was the Russian Sunday of the Resurrection. Seward was named for U.S. Secretary of State William Seward, who negotiated the purchase of Alaska from Russia during the Lincoln administration. In the 1890's, Capt. Frank Lowell arrived with his family and established a settlement. In 1903 John and Frank Ballaine and a group of settlers arrived to begin construction of a railroad. Later, this settlement became a town. Seward became an incorporated city in 1912. The Alaska Railroad was constructed between 1915 and 1923, and Seward was developed as the ocean terminus and supply center for interior Alaska. By 1960, Seward was the largest community on the Peninsula. Tsunamis generated after the 1964 earthquake destroyed the railroad terminal and killed several residents. As an ice -free harbor, Seward has become an important supply center for Interior Alaska. 2003 was the 100 anniversary of the founding of Seward. Culture Seward is primarily a non - Native community, although the Qutekcak Tribe is very active within the community. Seward's annual Fourth of July celebration and its grueling Mount Marathon race attract participants and visitors worldwide. Other annual events include the Seward Silver Salmon Derby in August and the Polar Bear Jump -Off Festival in January. Seward All Hazard Mitigation Plan -6- March 23, 2004 r. n Revised, April 12, 2010 C.. 0 Population and Economy In 2009, the Department of Community and Economic Development certified Seward's population at 2,619 people. Seward is incorporated as a home rule city. As the southern terminus for the Alaska Railroad and road link to Anchorage and the Interior, Seward has long been a transportation center. The economy has diversified with tourism, commercial fishing and processing, ship services and repairs, oil and gas development, a coal export facility for Usibelli Mine, Alaska Vocational Technical Center (AVTEC), the Spring Creek Correctional Center, and the University of Alaska's Institute of Marine Sciences. The Alaska SeaLife Center, the Kenai Fjords National Park and the Mt. Marathon Race during the Fourth of July festivities attract visitors. Over 320,000 cruise ship passengers visit Seward annually. Approximately seventy - five residents of Seward hold commercial fishing permits. Facilities Water is supplied by nine wells, is treated and distributed throughout Seward. Sewer is collected via pipes to a secondary treatment lagoon. Almost all homes are connected to the city systems. Refuse collection is provided by the city under contract; the Borough provides solid waste disposal. The Kenai Peninsula Borough refuse transfer facility is located on Dimond Boulevard. Seward Public Utility purchases power from Chugach Electric Association for day to day operations, and owns six emergency standby diesel generators. Harbor facilities include approximately 4000 linear feet of moorage and space for up to 650 vessels. Seward Providence Medical Care Center is licensed to admit and care for up to six in- patients. The Long Term Care Facility, Seward Mountain Haven is licensed to admit and care for up to forty patients. Fire /rescue resources include Seward's primary facility, Seward Fire Department located at 316 4 Avenue in downtown Seward and one satellite station located at mile 6.5 Nash Road in the Seward Marine Industrial Center basin area. Transportation Seward is connected to the Alaska Highway system by the Seward Highway. Bus and commercial trucking services to and from Anchorage are available daily. Air services and charters are available at the State -owned airport. Two paved runways are utilized, at 4,240 and 2,300 feet. The port serves cruise ships, cargo barges and ocean freighters from Seattle and overseas. The small boat harbor has two launch ramps, slips for 650 vessels and approximately 4,000 linear feet of moorage for transient vessels. The Alaska Railroad provides over 1.4 billion pounds of cargo transit each year, importing cargo for the Alaskan Interior and exporting coal to the Pacific Rim. Seasonal passenger transportation is available by rail and highway. Seward All Hazard Mitigation Plan -7- March 23, 2004 Revised, April 12, 2010 Chapter 2 — Hazard Identification The Alaska Division of Homeland Security and Emergency Management is in the process `'"d of preparing a Hazard Mitigation Plan for the state. The following hazard matrix was modified from that plan for the Seward area. Hazard Matrix — Seward Census Area Earth- Snow Land - Flood Wildfire quake Volcano Avalanche Tsunami Weather Slides Erosion Drought Tech Economic Probability Y -H Y -L Y— H U Y Y Y Y Y N Y U Extent L L T Z L L T L T Z T T Previous Occurrence Y Y Y Y Y Y Y Y Y N Y N Probability: Y = Hazard is present in jurisdiction but probability unknown Y — L = Hazard is present with a low probability of occurrence Y — H = Hazard is present with a high probability of occurrence N = Hazard is not present U = Unknown if the hazard occurs in the jurisdiction Extent: Previous Occurrence Z = Zero Y = Yes L = Limited N = No T = Total or extensive Seward All Hazard Mitigation Plan -8- March 23, 2004 28 Revised, April 12, 2010 The following sections are explanations of hazards that are present in the City of Seward. Flood Definition Riverine: Periodic over bank flow of rivers and streams. Flash: Quickly rising small streams after heavy rain or rapid snow melt. Urban: Overflow of storm sewer system usually due to poor drainage following heavy rain or rapid snowmelt. Tidal /Storm: Surge and wave run -up, higher than normal tidal range and higher inshore wave run -up due to storm effects in coastal areas. The East Zone of the Kenai Peninsula Borough is at risk to flooding from heavy rains; spring ice jams and rapid snow melt; tidal storm surges and coastal wave run -up, glacial damming and glacial outburst flooding, and special geologic conditions. High flows can occur during any season, but are most common as a result of rapid snowmelt in the spring or intense precipitation during the summer and fall. In the East Zone, flooding hazards are compounded by steeply sloped, unstable mountain streams. In Seward, development is occurring on alluvial fans and deltas which have been deposited by these steep drainages. The hazards associated within the area were demonstrated in major flood occurrences in October of 1986, August 1989, September 1995, October and November 2001, October 2006 and December 2009. Flooding in Seward and the surrounding area has resulted in repeated disruption of vital services such as water, sewer, power, and transportation routes; damage to roadways, bridges, flood control structures S4 (dikes, weirs), buildings, port and harbor facilities, airport facilities, railroad facilities, utilities and communications systems and in addition natural /environmental emergencies such as landslides. Seward Area Drainages: Spruce Creek surge - release /debris Lowell Creek surge - release /debris Japanese Creek surge - release /debris Resurrection River seasonal Glacier /Salmon Creek seasonal Sawmill Creek surge - release /debris Godwin Creek surge - release /debris 4th of July Creek surge - release /debris Lost Creek surge- release /debris Debris and surge - release flooding will continue to be a problem in the Seward area. According to the 1994 Resurrection River Reconnaissance Report, the US Army Corps of Engineers stated that the 1986 and 1995 storms left the steep drainages even less stable and more prone to landslides and avalanches in future storms. In addition, stream channels tend to migrate unpredictably across the alluvial fans as deposition occurs. Consequently, mapping flood hazard areas on these fans is difficult and unreliable. Seward All Hazard Mitigation Plan -9- March 23, 2004 2 Revised, April 12, 2010 In 2003, residents of Seward, Bear Creek and Lowell Point established a flood - service area board, the Seward /Bear Creek Flood Service Area (SBCFA). This board's duties are to provide flood protection, planning and mitigation services, as well as developing, implementing and updating a development plan for furnishing flood protection services. The board will develop criteria for determining service area involvement in future flood control projects, and coordinate with the City of Seward to ensure there is neither duplication nor contradiction in the flood control projects or services provided. The SBCFSA Flood Hazard Mitigation Plan was originally published July 2005 and updated November 2007. The October 2006 flood event resulted in federal disaster declaration as residents were evacuated, highways and roads flooded, levees damaged and critical infrastructure damaged. The December 2009 high water event and storm surge resulted in a state disaster declaration as critical waterfront infrastructure was damaged including the wave barrier along Lowell Point Road, the Seward Green belt area and the seawall at the Alaska SeaLife Center. Earthquake Definition: Sudden motion of the earth's surface, faulting, and ground failure. Coastal Alaska is within the pacific subduction zone. Subduction zones are areas where one tectonic plate plunges beneath another. Earthquakes cluster at the edge of the plunging plate, and its path into the mantle can be traced by the location of the . earthquakes. The "ring of fire" around the Pacific is a giant earthquake zone, and coincides with a ring of subduction zones that produces the world's deepest trenches, such as the 36,000 foot deep Marianas Trench. It is striking evidence for the existence of these zones. An example of a subduction -zone plate boundary is found along the northwest coast of the United States, western Canada, and southern Alaska and the Aleutian Islands. Subduction zones are characterized by deep -ocean trenches, shallow to deep earthquakes, and mountain ranges containing active volcanoes. Seward is located on this subduction zone. Seward's earthquake risk may be better explained by using the matrix prepared by the Alaska Division of Homeland Security and Emergency Management (ADHS &EM) designates Seward as a jurisdiction that has a high probability of an earthquake. Seward is designated as having a zone 4 risk. Earthquakes can trigger secondary hazards including fires, fuel spills, landslides, avalanches, tsunamis, uplift, subsidence, infrastructure failures and soil liquefaction. Tsunami Hazard Tsunamis are ocean waves that are generally triggered by vertical motion of the sea floor during major earthquakes. Near ocean or undersea landslides or volcanic eruptions can also generate tsunamis. They can be generated locally or a great distance from where they landfall. Tsunamis have historically caused significant damage to coastal communities vie Seward All Hazard Mitigation Plan -10- March 23, 2004 r 01.) , Revised, April 12, 2010 throughout the world. As the tsunami crosses the deep ocean, its length from crest to crest may be a hundred miles or more, and its height from crest to trough will only be a few feet or less. They can not be felt aboard ships nor can they be seen from the air in the open ocean. In the deepest oceans, the waves will reach speeds exceeding 600 miles per hour (970 km /hr). When the tsunami enters the shoaling water of coastlines in its path, the velocity of its waves diminishes and the wave height increases. It is in these shallow waters that a large tsunami can crest to heights exceeding 100 feet (30 m) and strike with devastating force. As a tsunami leaves the deep water of the open sea and travels into the more shallow waters near the coast, it undergoes a transformation. Since the speed of the tsunami is related to the water depth, as the depth of the water decreases, the speed of the tsunami diminishes. The change of total energy of the tsunami remains constant. Therefore, the speed of the tsunami decreases as it enters shallower water, and the height of the wave grows. Because of this "shoaling" effect, a tsunami that was imperceptible in deep water may grow to be several feet or more in height. When a tsunami finally reaches the shore, it may appear as a rapidly rising or falling tide, a series of breaking waves, or even a bore. Reefs, bays, entrances to rivers, undersea features and the slope of the beach all help to modify the tsunami as it approaches the shore. Earthquake or other seismic activities near Seward can cause a tsunami to occur in Resurrection Bay as was the case in 1964. Due to the frequency of earthquakes within Alaska and the ocean topography of Resurrection Bay, there is a significant threat that a tsunami will occur again. Shoreline Erosion Definition: Storm induced waves and flooding cause the destructive erosion of the coastal areas. From the fall through the spring, large low pressure systems that develop in the Gulf of Alaska and systems that are brought to the region by winds in the upper atmosphere steer massive storms in the North Pacific Ocean toward Alaska. When these storms impact the shoreline, they often bring wide swathes of high winds and rain, occasionally causing coastal flooding and erosion. The intensity, location and the land's topography influence the storm's impact. Another factor that influences the damage done to the shoreline by coastal storms is the amount of rain associated with the system. Fierce storm conditions do not have to be present to cause damage. Coastal shoreline erosion is a continuing problem within the City of Seward along the waterfront campground and near the Seward Marine Industrial Center. Weather conditions make shoreline erosion an ongoing threat to the city. Slaw Seward All Hazard Mitigation Plan -11- March 23, 2004 Revised, April 12, 2010 Erosion to the beaches caused by storms or high winds are an ongoing hazard in the City of Seward. The December 2009 storm surge with high water event caused extensive damage to the wave barrier along Lowell Point Road, the Seward Green belt area and the seawall at the Alaska SeaLife Center. Lowell Point Road is the only access for Kenai Peninsula Borough Citizens living in that community, access for State and Federal Parks and a key sewer and electric utility corridor for Seward. Other wave action and coastal flooding also causes damage to the shoreline. Use of Resurrection Bay by recreational boaters, is a source of wave action which will continue to be a problem even without significant storms. City of Seward has taken steps to minimize the impacts of erosion on the beaches with the addition of rock walls, culverts and channels, but additional measures are necessary. Coastal erosion regularly threatens significant assets including the City owned bike path, Playgrounds, park, RV sights landmarks and the Alaska Sea Life Center. Wildfire Wildfires that were reviewed are: Wildland fire Urban Interface fire Firestorms Wildfires do not present a major threat to people or property because of the coastal Nidd weather conditions in the Seward area. Urban Interface Fire risk changes, as more development occurs, placing people and property at a higher risk due to accidental and man made fires. The fire risk has also been increasing in recent years due to the spruce bark beetle infestation. The dead trees are very dry and therefore highly combustible. This will present an even bigger problem in the coming years as the trees start to fall, littering the forest floor with flammable material. Volcanoes Alaska is the home to more than 80 major volcanic centers. In general, there are one or two eruptions a year. Over half of the state's population lives within 100 miles of an active volcano. The single greatest hazard from an explosive volcanic eruption is ash, fine fragments of rock blown into the atmosphere during volcanic eruption. Lahars, lava and tsunami generating landslides are also potential hazards during a volcanic eruption. Seward All Hazard Mitigation Plan -12- March 23, 2004 Revised, April 12, 2010 �}f Avalanches An avalanche is a slope failure consisting of a mass of fluidized snow sliding down a hillside. The damage caused by an avalanche varies based on the avalanche type, the consistency and composition of the avalanche flow, the flow's force and velocity, as well as the avalanche path. Avalanches usually occur on slopes between 25 and 50 degrees, with most starting between 30 and 40 degrees. They can be triggered by both natural and human factors. There is growing exposure to this hazard as development continues to occur in avalanche prone areas and participation in winter recreational activities increases. Winter Weather Winter weather includes heavy snows such as blizzards, ice storms and extreme cold. Heavy snows can bring the community to a standstill by inhibiting transportation, knocking down trees and utility lines, and by causing structural collapses in buildings not designed to withstand the weight of the snow. The cost of repairs and snow removal can be significant. Ice buildup can bring down utility and communication lines as well as making transportation s kibo. Extreme cold causes fuel to congeal in storage tanks and supply lines stopping fuel flow to residential furnaces. Without heat water and sewer pipes can freeze and pipes can rupture. Altemate heating sources can cause their own set of problems, from accidental fires and illness from carbon monoxide in the home. Extreme cold can also increase the likelihood of ice jams and flooding. Landslide Landslide refers to "the downward and outward movement of slope forming materials reacting under the force of gravity." The materials are usually natural soil, rock, artificial fill or a combination of those items. The term covers a range of events including mudflows, mudslides, rock flows, rockslides, debris flows, debris avalanches, debris slides and earth flows. Geology, precipitation, topography and cut and fill construction practices all influence landslide activity. They are often the result of heavy precipitation, coastal storms, flooding, volcanic eruption, construction work or seismic activity. One of the costliest landslide events ever experienced in the United States was associated with the 1964 Good Friday earthquake. Approximately 60 percent of the total damage caused by the earthquake was due to landslides. This was part of the equation for the tsunami damage in Seward. Seward All Hazard Mitigation Plan -13- March 23, 2004 Revised, April 12, 2010 Drought Droughts are fairly rare in Seward. A drought is commonly defined as a period of time of very low precipitation. Drought severity depends on duration, intensity and geographic extent as well as the demand on the water supply. Seward experiences periods without rain, and the forests and grasslands become extremely dry, increasing the probability of Urban Interface fires. Economic A large section of the Alaskan economy is resource based. When the resources generate insufficient revenue, due to lack of the resource availability, poor prices or other conditions, an economic disaster may be the result. Economic disaster consequences usually affect a wide geographic area. Some of the resources that could lead to disasters if their availability becomes limited include fish, lumber and coal. Seward is a tourist destination for cruise ships, road and rail. The visitor decline would have a major impact on the economic wellbeing of Seward. Interactive Nature of Hazards A hazard cannot be treated in isolation, as there are inter - relation between the hazard agents. Frequently one hazard event triggers another. For example, a coastal storm will 'sear often trigger flood and landslides. Or a wildfire could increase erosions and flooding risks. As a result, all possible consequences of a hazard need to be considered when deciding the most appropriate mitigation actions. It is also important to consider all the hazards that could occur in an area when decided which mitigation activities to undertake. Some mitigation measures could worsen the effects from the hazards such as allowing economic development in areas susceptible to tsunamis or landslides. Ned Seward All Hazard Mitigation Plan -14- March 23, 2004 r / Revised, April 12, 2010 Chapter 3 — Historical Hazards in Seward History of Flooding in Seward likry In 1986, over 15 inches of rain fell in a 36 hour period; saturating the steep slopes and causing severe erosion. In some areas, landslides and avalanches dammed stream channels, eventually causing a "surge- release" of floodwaters and debris when the dam failed. This material, which included boulders as large as 8 -feet in diameter, caused extensive damage to buildings and facilities located downstream on the alluvial fans. In August 1989 and September 1995, only active channel work kept Japanese Creek from changing course and charging through the western edge of Forest Acres Subdivision. Workers kept it within the channel. Creek waters joined Resurrection River to flood southerly along the Seward Highway embankment into the undeveloped Forest Acres and Fort Raymond area. Water moved across the highway and moved toward the Port Avenue section of the small boat harbor. Part of the Seward Fisheries Meal Plant and the north boat launch facility in the harbor were destroyed by the rapid water movement. The City of Seward has worked with the Kenai Peninsula Borough to implement the Resurrection River /Japanese Creek flood mitigation work. The work in the Resurrection River delta was completed in 1999 and some maintenance work was done in July 2000. The construction for the initial phase of the Japanese Creek Levee was completed during the summer of 2001. Currently, the City of Seward has completed the permitting process for the second phase of the project, has completed the Japanese Creek relocation and, by the time of this plan's approval, will have completed all the property acquisitions. The second phase of the project will extend the levee /road to the Seward Highway. Construction of the levee and relocation of utilities is planned to begin in 2010. (Please see maps below and attached) 4 Japanese Cmk �� .... 4, Reamonto Ri,v Existing �n 1440.3060 hyaena-noel Lasts --+. N,th FuForsda ` 11503401 1 1JSpN0 13 1 lregelld F.' i, j Lever/road foolprial na y` p — Approximate 100•year flood zone (sm c FEMA) MMI Walcrbody Proposed creek realignment (— 900 11) N A P epeny Boundaries Parcel' Gcaliou n,mg,cr iroa1 M Sce m� tabk Lac-allow T_ IN 0. I W, S.3J 8. 27 N. r Forest Acres St Meridkin Proposed North Forest Acres Leti'et'Road Levee and Access Road Project USGS Quad saword (MY AppEcsb n by Sb sct ffi oft* ro rs l6, WurA eir hymen Celtic sewa A/ 9966.1 File 10,211(11 Scale l 500' ale <n. 9zryw wxd n rwRb 6 v Seward All Hazard Mitigation Plan -15- March 23, 2004 3 5 Revised, April 12, 2010 J J A major area of flood concern in the city involves the Lowell Creek Flood Control Project. This project, built in 1940, diverts Lowell Creek away from the city through a tunnel in Bear'' Mountain and into Resurrection Bay. During floods, Lowell Creek can reach high velocities and carry boulders and debris weighing several tons. Blockage of the tunnel would cause flood flow to go over the spillway and flow through the middle of the city. Due to the age of the tunnel and the potential for catastrophic failure from debris blockage, the tunnel has been determined to be inadequate and unsafe. Many repairs of the tunnel have taken place throughout the years beginning in 1945, with additional emergency repairs in 1984, 1988, and 1991. More recently an overhaul of the tunnel occurred in the winter of 2002 -2003. The US Army Corps of Engineers and subcontractors were responsible for tunnel work including a lining of high strength concrete on the floor and replacement of some railroad ties at the entrance for protection. Voids were found beneath the tunnel and were filled during this project period. During the 1995 and 2001 flood event, sediment and rock that flowed out of Lowell Creek washed away riprap and a portion of the bridge at the waterfall which eroded the water main and sewer line. The flooding event in October 2006 was caused by the combination of high tides, warm temperatures and the remnants of a typhoon stalled over south central Alaska caused 9 to 15 inches of rain to fall on the Seward area. The heavy rains contributed to the closing of the Seward Highway at Mile 4, portions of the airport were flooded and residents from outlying areas were evacuated from their homes. The outflow from the Lowell Creek diversion tunnel dumped a 25 foot pile of debris and gravel on the bridge, severed the only road to residents living at Lowell Point and threatened water main and sewer lines. Several levees were damaged and approximately 200,000 cubic yards of bed load was deposited in Japanese Creek severely constraining the levee's ability to contain flood waters. The Alaska District of the U.S. Army Corps of Engineers assumed Tong -term maintenance and repair responsibility of the tunnel, inlet and outlet structures, until completion of construction of an alternative method of flood diversion or until November 8, 2022. The City of Seward continues to work with our congressional delegation to insure this project is funded. History of Earthquake and Tsunami Events in Seward On Good Friday, March 27, 1964, North America's strongest recorded earthquake, with a moment magnitude of 9.2, rocked central Alaska. Large areas were lifted up or dropped by several feet, landslides were extensive, ground failure led to large fissures in the ground, landslides into bays caused huge seiche waves locally and a tsunami caused damage thousands of miles away. The result in Seward was disastrous to the town, waterfront, boats and railroad. An estimated $14 million in damage occurred. An entire section of the waterfront slid into Resurrection Bay. Niod Seward All Hazard Mitigation Plan -16- r March 23, 2004 J 0 Revised, April 12, 2010 During the 1964 earthquake, landslides into bays near Valdez and Seward sent 35 foot waves sloshing back and forth like water in a bathtub. In Seward, an oil tanker was wrenched loose from a pipeline, which erupted in flames, spreading to the nearby oil tanks. Burning oil on the water washed inland. Ships were battered against piers and washed ashore. Warning time can be limited when the tsunami is triggered close to the impacted coastline. In Seward, a 1070 meter section of the waterfront slid into the Resurrection Bay due to the earthquake shaking. This generated a local tsunami causing much damage. Oil from storage tanks was spread on to the water and ignited. About 20 minutes later, the first wave of the main tsunami hit. The 11 -13 fatalities in Seward were due to the local and the main tsunamis. History of Erosion in Seward Coastal erosion is an ongoing problem for the City of Seward. Areas most seriously affected by shoreline erosion include Lowell Point Road, Alaska SeaLife Center Lease site, Waterfront Park south to the waterfall and the Seward Marine Industrial Center (SMIC). Emergency erosion control efforts by the City of Seward include the shoreline at the waterfront camping area and within the Seward Marine Industrial Center. In recent years, the city has replaced riprap along Lowell Point Road in a number of different locations to maintain the protection of the city sewer line. The December 2009 storm surge event with high water caused extensive erosion and damage to the wave barrier along Lowell Point Road, the Seward Green belt or water front park area and the seawall at the Alaska SeaLife Center. Seward All Hazard Mitigation Plan -17- March 23, 2004 3 7 Revised, April 12, 2010 Chapter 4 — Hazards in Seward The goal of mitigation is to reduce the future impacts of a hazard including property damage, disruption to local and regional economies, and the amount of public and private funds spent to assist with recovery. However, mitigation should be based on risk assessment. A risk assessment predicts the potential loss from a hazard event by assessing the vulnerability of buildings, infrastructure and people. It identifies the characteristics and potential consequences of hazards, how much of the community could be affected by a hazard, and the impact on community assets. A risk assessment consists of three components: hazard identification, vulnerability analysis and risk analysis. Hazard identification will attempt to identify known hazards within the community. Vulnerability analysis will show how each hazard may have an impact on the community. Risk analysis will show what frequency and what damage from identified hazard may impact the community. The following annexes describe hazards that may occur in the City of Seward. The hazards are broken into annex sections, which when appropriate, identify the hazard, assess vulnerability, risk, mitigation goals and potential projects. Due to time constraints, hazards that are not identified as a significant risk to the City of Seward are included but given less comprehensive attention. Annex A - Floods A. Hazard Assessment Step one is to identify the hazard. As outlined in Chapter 2 of this plan, flooding in the City of Seward occurs primarily as a result of heavy rains and the effects of being built on the alluvial fans of Resurrection River and Lowell Creek. B. Vulnerability Assessment and Impacts Step two is to identify the jurisdiction's vulnerability (the people and property that are likely to be affected). Inventorying the jurisdiction's assets to determine the number of buildings, their value, and population in hazard areas can also help determine vulnerability. Identifying hazard prone critical facilities is vital because they are necessary during the response and recovery activities. Major rain events in the past have shown that the Seward area is prone to flooding by many factors, including swelling of water ways, surge- debris release and the damming effects caused by erosion of the steep banks of the surrounding mountains, rapid snow melt and to some degree, storm surge. The City of Seward remains vulnerable due to its being built on an alluvial fan. The Lowell Creek Tunnel Project is an example of mitigation Seward All Hazard Mitigation Plan -18- March 23, 2004 8 Revised, April 12, 2010 planning for the City of Seward. In 1992, a report on flood damage reduction was created by the US Army Corps of Engineers. In this report, the Corps determined that the tunnel has deteriorated due to debris abrasion. The rails used to armor the tunnels floor had been torn out and floor has eroded to the bedrock. The report states the tunnel has been determined to be vulnerable to blockage and possible collapse. They also determined that the tunnel is deteriorating faster than it could be repaired. Blockage of the tunnel by lining failure, debris and /or landslides would cause flood flow to go over the spillway. Water and debris would flow through the heart of the city. Homes, senior citizen apartments, medical and dental clinics, and the hospital are situated in the Lowell Creek Canyon just below the diversion dike. According to the 1992 US Army Corps of Engineers report, the flood control project is considered unsafe and inadequate. The most recent repair work was done during the winter of 2002 -2003, in which the Corps replaced the floor, rails and part of the eroded bedrock voids. These repairs should control the erosion problem for a number of years but this will be an ongoing project. The 2008 Water Resources and Development Act (WRDA) returned the Lowell Creek diversion tunnel to the US Army Corps of Engineers management and authorized a project to correct current deficiencies. Resurrection River is another area prone to flood damage. In 1994, the US Army Corps of Engineers did a reconnaissance report on prevention of flood damage for the Seward Area Rivers. In this report, all the watersheds entering the upper Resurrection River were examined and it was determined that rapid sedimentation in the Resurrection River channel places much of the development adjacent to the river in danger of flood damage. A significant concern of possible flood damage is the Seward Highway bridge crossings. During the 1995 flood event, water crossed the highway at or near these crossings. In 1999, 150,000 cubic yards of debris, woody material, gravel, sand and silt was removed from Resurrection River approximately 2000 feet downstream from the center Seward Highway Bridge. The desired effect of the work was to alleviate backwater conditions eliminating potential flooding. Along with this project, the city replaced the culverts of the lagoon outflow at 4 Avenue. Recent improvements to the Seward Highway and Alaska Railroad bridges include the installation of clear span bridges across the Resurrection River. In 1996, the City of Seward developed a mitigation plan for flood hazards in the city. Flooding mitigation and recommendations have been done for Spruce Creek, Lowell Creek, Rudolph Creek, Japanese Creek, Resurrection River Basin, Sawmill Creek and Fourth of July Creek. That plan is available at the City of Seward Community Development office. The Kenai Peninsula Borough Flood Mitigation Plan also includes Seward and areas north of the city and is available through the borough office. In 2003 the Kenai Borough adopted Ordinance 2003 -30 establishing the Seward /Bear Creek Flood Service Area (SBCFA). Section 16.50.090 of the Kenai Peninsula Code defines the SBCFSA Board of Directors powers and duties, which include responsibility for developing, implementing and updating a plan for furnishing flood protection, planning and mitigation services. The SBCFSA Flood Hazard Mitigation Plan was originally published July 2005 and updated November 2007. Risk analysis is the final level of hazard assessment. It involves estimating the damage and costs likely to be experienced in a geographic area over a period of time. Risk has two measurable components: (1) the magnitude of the harm that may result (defined through Seward All Hazard Mitigation Plan -19- March 23, 2004 Revised, April 12, 2010 the vulnerability assessment); and (2) the likelihood or probability of the harm occurring (multiple flooding scenarios). The magnitude of the flooding in Seward has been historically high. Debris and surge - release flooding will continue to be a problem due to the topography and traditional weather patterns of the area. Risk depends on the degree of flooding and can include disruption of services, transportation routes, and communication systems. According to the FEMA FIRM maps, if there was a 100 year flood event, the estimated borough assessed values of structures within the flood affected area is in excess of $21,000,000. These structures include residential buildings, commercial buildings and public facilities. In 1986, estimated recovery costs for the City of Seward were projected at $2.2 million. The 1995 flood had estimated repairs to just city property was $147,700. In Seward, there are flood warning systems which give community residents' an organized notification of impending flood danger. The National Weather Service (NWS) provides flood forecast and warning data utilized by many communities that have local warning systems. National Flood Insurance Programs (NFIP) The function of NFIP is to provide flood insurance to homes and businesses located in floodplains at a reasonable cost, and to encourage the location of new development away from the floodplain. The program is based upon mapping areas of flood risk, and requiring local implementation to reduce that risk, primarily through guidance of new development in floodplains. The City of Seward uses Flood Insurance Rate Maps (FIRM), effective May 19, 1981, and codified the Flood Plain Mitigation Plan in October 1999, to depict areas of flooding within the city limits. The FIRM depicts the flood plain as determined by FEMA. Details of the NFIP can be found at http: / /www.fema.gov /doc /library /nfipdescrip.doc. The 1981 Flood Insurance Rate Maps are outdated and are in need of updating to address the following items. • 1981 maps need to be reevaluated with the 29 years of additional data. • Corrections may need to be made for areas where fill or naturally high ground is now shown as flood prone but may not be in jeopardy of flooding. In 2010, FEMA will update its FIRM maps for the City of Seward. The estimated date for release of the draft maps is March 30, 2010. Draft hard copy maps will be released for public review, and once public meetings are held by FEMA and public comment is obtained, final maps and digital shapefiles will be available in 2011. The City of Seward Community Development Office is available for estimates of the number and assessed values of structures located within the areas identified on the FIRM. Seward All Hazard Mitigation Plan -20- March 23, 2004 4 0 Revised, April 12, 2010 To deal with problems of flooding at the Seward Airport, the State of Alaska Department of Transportation and Public Facilities published the Seward Airport Master Plan and environmental assessment in July 2008. The City of Seward and the US Army Corps of Engineers have made substantial progress in prevention of flooding in Seward. The Lowell Creek Tunnel Project completed in 1940, diverts the waters of Lowell Creek away from the city through Bear Mountain and into Resurrection Bay. The Japanese Creek Levee Project completed in 2001, keeps flood waters from entering the Forest Acres Subdivision and crossing the highway. These projects, as well as the Resurrection River dredging project, currently reduce the risk of major flooding within the city. C. Mitigation Measures This section of Annex A addresses flood mitigation goals for the City of Seward with potential projects to achieve these goals. Goal 1: Identify hazard areas and select mitigation measures for those areas Goal 2: Increase public awareness of hazards Goal 3: Enact mitigation measures This first goal is to identify the flood hazard areas and mitigation measures that will better protect individual and commercial property owners within the City of Seward. On going mitigation measures include: • Floodplain development permits to include elevation certificates and data • Request base sea level and flood elevations from builders on proposed projects • Provide maps of flood hazard areas, in digital and hard copy • Update as required city code floodplain management ordinance • Update the Seward Flood Hazard Mitigation Plan, 1996; this was subsequently replaced by the Seward /Bear Creek Flood Service Area Flood Hazard Mitigation Plan, Originally published July 2005 and updated in November 2007. • Update the Seward Flood Hazard Mitigation Plan, 1996 • Integrating Flood Hazard Mitigation strategies into the Seward 2010 Comprehensive Plan, 1990 • Include flood issues in the Seward Strategic Plan, 1999 • Provide FEMA Public Outreach Floodplain information booklets • Staff coordination with SBCFSA, KPB, State of Alaska, and Federal Floodplain managers on flood issues within the City of Seward. • Building Permits; insuring the adopted building codes address flood issues • Continue working with the Seward Bear Creek Flood Service Area Advisory Board to update the working mitigation plan. • Advising the US Army Corps of Engineers of conditions concerning the Lowell Creek Tunnel Project including renovating the tunnel and developing a new outfall. • Maintain and extend the Japanese Creek Levee. Seward All Hazard Mitigation Plan -21- March 23, 2004 Revised, April 12, 2010 • Remove excess bed Toad accumulation in Seward's rivers and creeks. • Ditch, drainage, sea wall and culvert construction, coordinated to help ensure the safe, flood free drainage even during potential storm events. Potential Projects: • Acquire land within the city to develop a usable secondary evacuation route that bypasses the Seward lagoon and boat harbor areas. Provide barriers to this route and designate it as a recreational trail for use outside of emergency access. (Planning and Zoning Commission, May 6, 2004) • Complete the Two Lakes Park Replat and the joint use access agreements providing the secondary evacuation route. • Update Flood Insurance Rate Maps: the 1981 maps need to be reevaluated with 29 years of additional data. Evaluate additional programs that address Seward's unique alluvial fan flood problem. • The City of Seward should continue improving its NFIP Community Rating System, under the Federal Insurance Administration's Community Rating System (CRS) by exceeding the required standards to obtain further flood insurance premium reductions for policyholders within communities while simultaneously reducing flood losses. • North Forest Acres Levee and Access Road Project: Phase 2 of this project has begun to protect the North Forest Acres Subdivision and other areas of the City of Seward from recurrent flood damage by constructing a levee along the lower portion of Japanese Creek. Flood- proofing existing structures: Improving existing structures to make them less susceptible to flood damage could be a viable project for many of the historic buildings or non - elevated structures. • The below was completed in 2009 with the help of the Kenai Watershed Forum. Dairy Hill Drainage Improvements: Upsize culverts and improve haphazard drainage in the Dairy Hill Area. During heavy rainfall events, the flows in the drainages can become severe and cause washouts of roadways, culverts and building improvements. An HMGP grant application was submitted in 2010 in the amount of $339,387.00. • Replace the Dairy Hill Road/ Seward Lagoon culverts with larger culverts. During flood events, the existing culverts cannot divert enough water to prevent flooding of the road. • Conduct a structural assessment of the 4 of July Creek dike. A failure of the existing dike would cause damage to infrastructure of the city water supply and Spring Creek Correctional Center. • Coordinate with the US Army Corps of Engineers as they develop a project to upgrade, replace or find an alternative to the Lowell Creek diversion tunnel and it's resulting out -flow sediment build up • Japp Creek investigation to evaluate the flow capacity of the existing flood control corridor, to determine sedimentation trends /rates, and to utilize this information to develop a long term maintenance strategy and funding plan to preserve the system. Seward AD Hazard Mitigation Plan -22- y March 23, 2004 xw Revised, April 12, 2010 • Fourth of July Creek investigation to evaluate the flow capacity of the existing flood control corridor, to determine sedimentation trends /rates, and to utilize this information to develop a long term maintenance strategy and funding plan to preserve the system. • Spruce Creek evaluate the flow capacity of the flood control corridor and determine sedimentation rates. Use this information to develop a plan to preserve the flood control corridor and to create a long term maintenance strategy and funding plan. • A geomorphic investigation should be conducted of Schef ler Creek to determine the size, frequency, and potential deposition characteristics of future debris flows. • Consider land use code regulation changes to more effectively guide development and floodplain use. Evaluate certain areas for additional preventative measures. The city subdivision regulations which govern the division of land for sale or development should include floodplain regulations. The floodplain regulations should be incorporated into the Alaska Coastal Management Program (ACMP) and the Seward Comprehensive Plan. • Support a U.S. Army Engineer District, Alaska needs Assessment this fall to consider needs throughout the greater Seward watershed area. Alternative, the City could proceed ahead to request our Congressional delegation to establish earmarks of $100K for our preliminary assessments. Goal two is to increase public awareness. This could be accomplished by the following measures. • Information Dissemination: The purpose of information dissemination is to provide the community residents with knowledge about the flood hazards in their neighborhoods and possible activities for mitigation. A variety of agencies can participate in information dissemination. Manuals are available through the City of Seward Clerks Office, Community Development Office and at the Seward Community Library. Outreach Projects: The City continues to provide flood information and technical assistance to current and prospective residents and business owners. The City will schedule training /info sessions for local realtors, contactors and lending institutions. Real estate disclosure: Alaska State Statute 34 -70 requires a seller to disclose flood hazard on residential properties. • Risk Analysis: With advances made in Geographic Information System (GIS) technology, it is becoming increasingly easy to analyze the risk of various flood events. This analysis, of course, depends on the availability of data relating to building location and value and flood recurrence. Performing multiple risk analyses helps to increase public understanding of a coastal or river flood potential. Often, risk is understood only at the "100- year" level, because this forms the basis for Flood Insurance Rate Maps. The "100- year" flood means a flood level having a 1% chance of being equaled or exceed annually. If information is collected and reviewed, the possibility of predicting what areas may be impacted during a 5, 10, 15 year cycle. err Seward All Hazard Mitigation Plan -23- March 23, 2004 t3 til Revised, April 12, 2010 Potential Projects: • Continue distributing the brochure describing the City of Seward flood dangers and floodplain building regulations. • Continue working with FEMA and other Federal and State Agencies as the Flood Insurance Rate Maps (FIRMs) are updated and researching other tools for accurately forecasting and mitigating Seward's complex alluvial fan flood problem. • Continue working with FEMA to obtain the latest National Flood Insurance Program information and scheduling workshops. • Provide floodplain regulations information, updates or revisions to the citizens of Seward. • Continue coordination with FEMA to conduct flood proofing or elevating workshops for the City and public. • Continue the City's efforts working with potential partners or agencies while capitalizing on multiple funding sources for mitigation projects, including erosion and sediment control projects. • Continue refining the education and outreach programs to notify current homeowners and potential homebuyers about flood hazard risks in identified areas. • Provide local realtors and lending institutions with GIS copies of FIRM as they are updated. • Complete North Forest Acres Levee and Access Road Project. • Complete Dairy Hill Road/ Seward Lagoon culvert replacement. • Conduct a structural assessment of the 4 of July Creek dike. • Obtain ongoing permits for the Lowell Creek outfall sediment and erosion control program. • Continue public education concentrating on the SAWS (Siren Alert and Warning System), what it means and what to do in the event of an emergency. Educate the public on the Emergency Alert Network. (Planning and Zoning Commission May 6, 2004) • Continue providing new homeowners, builders or renovators a brochure detailing the fuel tank stand codes helping to insure they're more flood /earthquake prepared (Planning and Zoning Commission May 6, 2004) The third goal in the process is to enact mitigation solutions. The City working closely with the SBCFSA has identified flood mitigation problems and recommended solutions within their capabilities, which have been through the public process and approved by the City Council, with some funded and others competing for state or federal funding. Mitigation problems exceeding the City and SBCFSA capabilities and expertise have been forwarded to FEMA, US Army Corps of Engineers and other federal and state organizations for their assistance. The City and SBCFSA have agreed on those projects that can be funded by each and included in their budget. Grant requests and other financial sources are being sought on those that exceed either's capacity. Completion of any project will depend on the availability of funds and any changes of priority. Seward All Hazard Mitigation Plan -24- 4 !# March 23, 2004 Revised, April 12, 2010 Annex B - Earthquake A. Hazard Assessment Earthquakes are common occurrences in Seward. The threat of a tsunami is dependent on the magnitude and location of the tectonic activity. Most large earthquakes are caused by a sudden release of accumulated stresses between crustal plates that move against each other on the earth's surface. Some earthquakes occur along faults that lie within these plates. The dangers associated with earthquakes include ground shaking; surface faulting, ground failures, snow avalanches, seiches and tsunamis. The extent of damage is dependent on the magnitude of the quake, the geology of the area, distance from the epicenter and structure design and construction. A main goal of an earthquake hazard reduction program is to preserve lives through economical rehabilitation of existing structures and constructing safe new structures. Ground shaking is due to the three main classes of seismic waves generated by an earthquake. P (primary) waves are the first ones felt, often as a sharp jolt. S (shear or secondary) waves are slower and usually have a side to side movement. They can be very damaging because structures are more vulnerable to horizontal than vertical motion. Surface waves are the slowest, although they can carry the bulk of the energy in a large earthquake. The damage to buildings depends on how the specific characteristics of each incoming wave interact with the buildings' height, shape, and construction materials. Earthquakes are usually measured in terms of their magnitude and intensity. Magnitude is related to the amount of energy released during an event while intensity refers to the effects on people and structures at a particular place. Earthquake magnitude is usually reported according to the standard Richter scale for small to moderate earthquakes. Large earthquakes, like those that commonly occur in Alaska are reported according to the moment - magnitude scale because the standard Richter scale does not adequately represent the energy released by large events. Intensity is usually reported using the Modified Mercalli Intensity Scale. This scale has 12 categories ranging from not felt to total destruction. Different values can be recorded at different locations for the same event depending on local circumstances such as distance from the epicenter or building construction practices. Soil conditions are a major factor in determining an earthquake's intensity, as unconsolidated fill areas will have more damage than an area with shallow bedrock. On the Richter scale, magnitude is expressed in whole numbers and decimals. A 5.0 earthquake is a moderate event, 6.0 characterize a strong event, 7.0 is a major earthquake and a great earthquake exceeds 8.0. The scale is logarithmic and open- ended. Surface faulting is the differential movement of the two sides of a fault. There are three general types of faulting. Strike -slip faults are where each side of the fault moves Seward All Hazard Mitigation Plan -25- 4 — March 23, 2004 Li 'a Revised, April 12, 2010 horizontally. Normal faults have one side dropping down relative to the other side. Thrust (reverse) faults have one side moving up and over the fault relative to the other side. Earthquake- induced ground failure is often the result of liquefaction, which occurs when soil (usually sand and course silt with high water content) loses strength as a result of the shaking and acts like a viscous fluid. Liquefaction causes three types of ground failures: lateral spreads, flow failures, and loss of bearing strength. On Sunday, November 3, 2002 magnitude 7.9 Denali Fault Earthquake, one of the largest ever recorded on U.S. soil according to the U.S. Geologic Survey, resulted in no damage in Seward. On a global level, three of the ten strongest earthquakes ever recorded occurred in Alaska. B. Vulnerability Assessment and Impacts Seward, Alaska is located in the Pacific Subduction Zone in which Oceanic - continental convergence is taking place. This area is also known as the Ring of Fire or the Pacific Rim of Fire. It is the place where two tectonic plates are in a very slow collision. The buildup of pressure between the tectonic plates determines the degree of earth movement. Such destruction (recycling) of crust takes place along convergent boundaries where plates are moving toward each other, and sometimes one plate sinks (is subducted) under another. The location where sinking of a plate occurs is called a subduction zone (USGS). Volcanic activity is also high along subduction zones. The City of Seward is very vulnerable to such earth movements. A risk analysis for the City of Seward shows significant impact to priority infrastructures and the economy. If the right conditions occur during an earthquake, a tsunami is also a potential hazard. This photo was taken after the 1964 Y earthquake. It shows the waterfront area where major devastation occurred from both the rx ° earthquake and the resulting tsunamis. Photos from the Earth Science Photographs from the U.S. Geological Survey Library, by Joseph K. McGregor and Carl Abston, U.S. Geological Survey Digital Data Series DDS -21, 1995. Impact to the city would be substantial if a major earthquake occurred. The history of Seward during the 1964 earthquake shows that many major problems were eminent. Depending on the magnitude of the quake, a number of different outcomes could take place. Transportation, infrastructure, emergency services, commerce and individual property as well as lives would be affected by a large quake. In the 2004 plan edition, mitigation measures Goal 1; had an objective to obtain land for a secondary evacuation route that bypasses the Seward Lagoon and boat harbor areas. Seward All Hazard Mitigation Plan -26- r, March 23, 2004 4 r •� Revised, April 12, 2010 In January 2010, the Seward Planning & Zoning Commission approved a replat of land owned by the City to designate it as a park. A sixty foot wide Right —of- Way was included w in the request to allow for access to a private landholder. The landholder agreed to allow for a secondary access route across their property for consideration of the right of way. Details on the exact location of the secondary route and its width will be determined in the spring of 2010. Construction of the route will not start until funds are available to complete it. Goal 2 in the Plan mitigation measures had an objective to develop a brochure to educate homeowners on fuel tank stands. That objective was included in the information packet given to anyone applying for a Building Permit. During the plan review phase of a project items that are of concern for earthquake mitigation are pointed out to the developer and where possible required for the project. C. Mitigation Measures Goal 1: Identify hazard areas and select mitigation measures for those areas • Update building codes to stay current with state requirements and industry concerning earthquake protection. • Identify non - buildable sites through the city's land use plan and city zoning maps. • Earthquake proof priority structures (schools, city buildings, public safety offices, etc.) This project requires the involvement of many government entities and assessments of various structures. Where possible employ Earthquake otoof building technology to mitigate damage. • Acquire land within the city to develop a secondary evacuation route that bypasses the Seward lagoon and boat harbor areas. Provide barriers to this route and designate it as a recreational trail for use outside of emergency access. (Planning and Zoning Commission, May 6, 2004) (Land has been designated in January of 2010. The survey of the route is scheduled to be accomplished in the spring of 2010.) Goal 2: Increase public awareness of hazards • Conduct community mock emergency exercises and evaluate response. • Develop public education to concentrate on the SAWS (Siren Alert and Warning System), what it means and what to do in the event of an emergency. Educate the public on EAN (Emergency Alert Network). (Planning and Zoning Commission May 6, 2004) Possibly make public announcements using the utility billing memo and the scanner announcement page with GCI cable TV and radio. Continue to update brochures and handouts to educate homeowners on fuel tank stand codes and earthquake mitigation measures so they will be more flood /earthquake prepared. Sow Seward All Hazard Mitigation Plan -27- March 23, 2004 4 7 Revised, April 12, 2010 Goal 3: Enact mitigation measures The third goal in the process is to enact mitigation solutions. Once the potential problems and solutions have been addressed along with input from the public process and approval of the City Council, the mitigation can go forward. The process of funding each project can be addressed during the normal budget process and /or with grant funding. Completion of any project will depend on the availability of funds and any changes of priority. Annex C - Tsunami A. Hazard Assessment Tsunamis are ocean waves that are generally triggered by vertical motion of the sea floor during major earthquakes. Near ocean or undersea landslides or volcanic eruptions can also generate tsunamis. They can be generated locally or a great distance from where they landfall. Warning time can be limited when the tsunami is triggered close to the impacted coastline. Seismically- generated local tsunamis Seismically- generated local tsunamis were produced during the 1964 earthquake. Earthquakes generate tsunamis when the sea floor abruptly deforms and displaces the overlying water from its equilibrium position. Waves are formed as the displaced water mass, which acts under the influence of gravity, attempts to regain its equilibrium. The main factor which determines the initial size of a tsunami is the amount of vertical sea floor deformation. This is controlled by the earthquake's magnitude, depth, fault characteristics and coincident slumping of sediments or secondary faulting. Other features which influence the size of a tsunami along the coast are the shoreline and bathymetric configuration, the velocity of the sea floor deformation, the water depth near the earthquake source, and the efficiency which energy is transferred from the earth's crust to the water column. Landslide- generated tsunamis Submarine and sub - aerial landslides can generate large tsunamis. Sub - aerial landslides have more kinetic energy associated with them so they trigger larger tsunamis. An earthquake usually, but not always, triggers this type of landslide and they are usually confined to the bay or lake of origin. During the 1964 earthquake, landslides into bays near Valdez and Seward sent 35 foot waves sloshing back and forth like water in a bathtub. Warning time can be limited when the tsunami is triggered close to the impacted coastline. In Seward, a 1070 meter section of the waterfront slid into Resurrection Bay due to the earthquake shaking. This created a local tsunami causing much damage. Landslides usually occur in the heavily glaciated areas of Prince William Sound and parts of Southeast Alaska. One earthquake can trigger multiple landslides and landslide - generated tsunamis. Low tide is a factor for submarine landslides because low tide leaves part of the water - saturated sediments exposed without the support of the water. Loading on the delta from added weight such as trains or a warehouse or added fill can add to an area's instability. Seward All Hazard Mitigation Plan -28- March 23, 2004 Revised, April 12, 2010 Resurrection Bay borders the Gulf of Alaska and it is vulnerable to tsunamis generated by landslides, underwater landslides, crustal plate movement, and volcanic activity in lelkkarr North Pacific Ocean. The Gulf of Alaska could receive a tsunami from several possible sources. B. Vulnerability Assessment and Impacts The map below is from the State of Alaska Hazard Mitigation Plan which designates Seward as having a high tsunami hazard. Barrow TSUNAMI HAZARD Deadhorse :r BY COMMUNITY (DISTANT SOURCES ONLY) High ALASKA CANADA O Moderate K) ® Low {,� No e C u • None or negligible 1Savoonga . 1 Tt7Ta2=mmr G .% - 1. !f ly ak .a ? ii✓�' % Omer P • Saint Paul gam • Ike taE Shemya Kodiak Sitka me ■ v and Point �� y Ada ... nalaika Gull of Alaska 0 200 400 miles ti r -. 1 ' , heh :4012;4101P' di a. is - X41 ' r , • i ' This truck at Lowell Point, ` '' t 2 miles from Seward, was t.,, f' bent around a tree by the ? % - - surge waves generated by -'' . the underwater landslides r - yI 4. ' • t '' along the Seward l a ,, - waterfront. The truck was � ' ' r -�"' -` ,y '' about 32 feet above water ,. level at the time of the earthquake. Source US Geological Survey. Seward All Hazard Mitigation Plan -29- March 23, 2004 n Revised, April 12, 2010 4 9 C. Mitigation Measures Seward was one of the first cities in the U.S. to be considered Tsunami Ready. The city has put together evacuation maps, pamphlets and signs designated to help people in our community escape potential risk. Due to the history of tsunamis in Seward, the city has cooperated with the State of Alaska and the Kenai Peninsula Borough in the development of tsunami warning signals. The city has developed response plans to deal with the effects of tsunamis. In the 2004 version of this plan, in Goal 1 we identified two potential projects that benefit the community. With the assistance of The State of Alaska DHS /EM, USGS, UAF Geological Department and NOAA we have finalized a new inundation map for the community. This map shows the effects of different size waves and effects from waves generated inside and outside of Resurrection Bay. The final version of the map went to the publishers in January 2010. The second project was to acquire land to develop a secondary evacuation route. An agreement has been reached with the private landowner who will allow for this route over their property. Survey of the route has been completed and we are currently looking into any engineering studies that may be required. Goal 1: Identify earthquake and tsunami hazards within the City of Seward and evaluate and prioritize potential mitigation measures. Potential Projects: • Revise tsunami inundation hazard prediction maps and rcvicc as needed after an event or disaster. • Develop a secondary evacuation route that bypasses the Seward lagoon and boat harbor areas. Provide barriers to this route and designate it as a recreational trail for use outside of emergency access. (Planning and Zoning Commission, May 6, 2004) • Drill or dry run practice community evacuations of above and existing evacuation routes. • Place one electrical supply circuit underground across the Lagoon in an old waterline. • Complete an underground electrical supply circuit over Dairy Hill and through Two Lakes Park. • Complete an underground circuit from the South Harbor expansion to Jefferson along Ballaine Blvd. • Complete the SMIC electrical loop along Sorrel Rd. • Complete the electrical loop along Alemeda St. To Leirer Rd. • Complete the underground electrical loop on Lowell Pt. from Beach Drive to Lowell Pt. Rd., and the loop from Shady Ln. to Beach Dr. Goal 2: Protect lives and properties in the event of a tsunami through public education and emergency response exercises. • Install AWS (Alaska Weather System) radios in public buildings. These radios will also broadcast tsunami watches and warnings. • Install EMWIN (Emergency Managers Weather Information Network), from the National Weather Service into the police dispatch area. Seward All Hazard Mitigation Plan -30- March 23, 2004 iA # Revised, April 12, 2010 • Conduct community mock tsunami exercises and review responses to correct deficiencies. • Develop public education to concentrate on the SAWS (Siren Alert and Warning System), what it means and what to do in the event of an emergency. Educate the public on EAN (Emergency Alert Network). Annex D — Coastal Erosion A. Hazard Assessment Erosion to the beaches caused from storms or high winds are an ongoing hazard in the City of Seward. Other wave action and coastal flooding also causes damage to the shoreline. South facing shorelines within the city are more susceptible to wave erosion. These shorelines are mainly public property. B. Vulnerability Assessment and Impacts Erosion in the form of wave action in Resurrection Bay is caused by a number of different scenarios. The most damaging wave action is the result of storm surge. These storm - induced waves cause the destructive erosion of coastal areas. Use of Resurrection Bay by recreational boaters, is a source of wave action which will continue to be a problem even without significant storms. The City of Seward has taken steps to minimize the impacts of erosion on beaches with the addition of rock walls, culverts and channels. In 2002, the City of Seward did some emergency erosion control work south of the ship lift located in Seward Marine Industrial Center. The project was designed to reduce the ongoing erosion in that area. Over $38,000 was spent on that repair effort. The U.S. Army Corps of Engineers is looking into more extensive erosion work at the SMIC. After the 2006 flood event, the City of Seward evaluated options for additional erosion control within the Seward Small Boat Harbor basin. A new Travelift dock was built in 2008, connecting the existing sheet - piling dock forming the foundation for the Best Western Hotel. Additional rock was placed in the north -west corner to help alleviate the erosion problem in this quadrant of the harbor. The north -east corner of the harbor requires additional mitigation efforts to prevent future damage from future flooding events. A stormwater drain is currently in place in this area; however shore bank erosion will continue to be a problem unless rock, sheetpile or other substrate is placed in the area to prevent further erosion. This area of the harbor has been subject to damage from wave action because the east breakwater was not originally designed or built long enough to protect this area from wave events originating from Seward All Hazard Mitigation Plan -31- March 23, 2004 5 1 Revised, April 12, 2010 Resurrection Bay. In 2010 the US ARMY Corps of Engineers awarded a contract to extend the east breakwater 215 feet to mitigate this problem. An additional consequence of the flooding events in Seward is the accumulation of debris (soil, rocks, vegetative matter, trash) that is deposited in the harbor basin. This requires additional dredging to maintain proper depth in the harbor. The US Army Corps of Engineers maintains responsibility for a portion of the harbor dredging, but most flood prone areas are the City of Seward's responsibility. Dredging is scheduled to occur in 2011 based on funding availability. Lowell Point Road on the south end of the City of Seward has suffered repetitive erosion and flood damage problems from both weather and coastal erosion. Lowell Point Road serves as the infrastructure access to the sewage treatment facility. This access must be maintained. Erosion to the access road south of the waterfall has been a major economic and safety concern. The city estimates it would cost approximately $5 million dollars to replace and erosion proof the existing access, electric and sewer lines. In December of 2009 a storm surge caused severe damage to Lowell Point Road, Alaska SeaLife Center, the south camping area, camping area along Ballaine Blvd and the south beach of SMIC. The State of Alaska made a declaration of disaster for this event. C. Mitigation Measures GOAL: Reduce the amount of shoreline erosion within allowable practices and monetary ;, i constraints. Potential Projects: • Build a protective barrier south of the Seward Marine Industrial Center (SMIC) for erosion control. • Complete wave barrier at the ship lift located in SMIC. • Maintain the rock barrier located in the Waterfront Park area. • Create a baseline assessment on Lowell Point Road, existing infrastructures and the feasibility of culvert/ditch line installation. • Maintain or redesign rip -rap barriers along Lowell Point Road. • Dredging operations to remove debris and fill at the head of Resurrection Bay near the airport. • Cover the underground electric line to Lowell Pt. with concrete • Current Mitigation measures required at Waterfront Park includes 1) repairing, maintaining and redesigning the rock barrier located in the Waterfront Park area and 2) implementing a regenerative program of our native Beach Rye Grass (Elymus arenarius) by aggressively replanting, relocating city campground fire pits, implementing educational signage to redirect foot and recreational vehicle traffic and installing boulders and other barriers to prohibit vehicles from damaging the coastal vegetation. Seward All Hazard Mitigation Plan -32- March 23, 2004 5 ') Revised, April 12, 2010 • Install a protective "spit" near the waterfront in cooperation with the state, to protect from coastal erosion, storm surge tides and tsunami inundation. Similar to the south harbor upland, but smaller. • Install sheet - piling or a rock barrier along the north -east edge of the harbor to prevent further erosion. • Dredging operations to remove debris and sediment accumulation within the harbor from flooding events and to maintain necessary depth. Annex E — Wildland Fire A. Hazard Assessment The City of Seward has a low probability of direct wildland fire hazard but there have been instances of wildland /urban interface fire situations in May of 2000 and 2001. Seward is subject to the effects of a wildland fire in the East Zone of the Kenai Peninsula. Primarily, transportation to the city would be disrupted if a major wildland fire event would take place in the East Zone. B. Vulnerability Assessment and Impacts The City of Seward has a low risk of wildland fire and secondary effects of a fire from the East Zone are covered in the KPB Hazard Mitigation Plan. The communities of the East Zone have the potential to experience both large structural and urban /wildland interface fires. Large wildland fires also have the potential to affect Seward from secondary effects such as air space and road closures due to smoke. Fires may arise as isolated incidents, or be caused by other emergencies such as earthquakes. In addition, they may be complicated by the presence of hazardous materials, and extreme weather conditions. There is a history of large wildland fires in the East Zone such as the Moose Pass fire of 1985 or the Crown Point fire of 2001. The increasing amount of spruce -bark beetle killed forest coupled with the right mix of weather and fire behavior could result in a large wildfire that would impact people, property, air quality and the transportation corridor. Under certain conditions, the increased beetle kill forest may increase the potential for fire starts of urban /wildland fires in formerly low risk areas. The potential risk to property and people can be great given the correct mix of extreme fire weather and increased fuel loading. Although the City of Seward has a low probability of wildland fire, the East Zone wildland fire potential has been problematic for Seward and continues to pose a threat to the city. In the case of the wildland fire that affected the Kenai Lake/Trail River campground in 2001, the City of Seward gave mutual aid to the US Forest Service. The Seward Fire Department crew was on the fire from June 26 through June 29, 2001. Seward All Hazard Mitigation Plan -33- March 23, 2004 r Revised, April 12, 2010 k.).1 Potential projects: • Acquire permission to clear hazard, and potential hazard trees beyond the permit area for the transmission line from Dave's Creek to Grouse Lake from the State and the USFS. • Clear the trees from the newly acquired permission areas and the brush within the permitted area. Urban Fires As with many communities, the City of Seward has a greater probability of urban fire situations than wildland fires. Urban fires continue to dominate the city's fire prevention /protection efforts within the City of Seward. Structural, vehicle, marine and small brush fires are common occurrences within the city. C. Mitigation Measures The Kenai Peninsula Borough offered a course on urban interface fire fighting in May of 2004 to better prepare firefighters for wildland /urban fire situations. The three day course was sponsored by the Borough Office of Emergency Management and Central Emergency Services in Soldotna. It was designed to address the issues of wildland /urban fires on the peninsula. The City of Seward has participated in the Alaska Firewise Program, which identifies hazards to homeowners and offers solutions to protect residents in or near forested areas. Relocating the Seward Building Department into the Fire Department has ' helped streamline this part of the process for builders by consolidating review of potential response to a structure, operational needs of the builder and City department's requirements in one location. During this plan review structures that are in an area that has risk /exposure to a wildland /urban fire, have been required to incorporate protective measures. KPB is tracking the spread of the spruce bark beetle throughout the peninsula. The KPB Spruce Bark Beetle Office offers assistance and advice to businesses and homeowners. Annex F- Weather A. Hazard Assessment The City of Seward has a high probability of weather related hazards. Winter storms can include heavy snowfall, ice storms, blizzards and extreme cold. Heavy spring or fall precipitation can lead to flooding in the Seward area. Seward All Hazard Mitigation Plan -34- March 23, 2004 '; Revised, April 12, 2010 -t B. Vulnerability Assessments and Impacts The probability of weather related hazards in Seward is high. Weather can disrupt ,, communications; power, transportation, emergency services, and can pose a risk to individuals. Heavy snow has secondary effects as well, such as avalanches that close the highway and rail access into the city. A major winter storm in 2000 caused numerous avalanches that closed the Seward Highway in several places between Anchorage, Girdwood and Seward. This storm also caused power outages that affected the city and outlying areas. People rushed to the local grocery stores and most of the perishable foods were cleaned out as soon as the town was notified that the road would be closed. Medical supplies had to be flown in and the state ferry Tustumena was given deliveries from other communities to bring into Seward. Many people were stranded for up to seven days in one of the several communities that were affected. Other major weather events include flooding, wind and extreme cold. Flooding of the past was a direct result of major downpours and already saturated ground. Extended dry periods and wind have affected the city by hampering efforts of controlling fire. In May 2000, a wildland fire in the Japanese Creek region quickly spread due to high winds and dry conditions. The City of Seward evacuated the Gateway Subdivision due to the speed at which the fire was traveling. C. Mitigation Measures Goa /: Increase public awareness of hazards related to severe weather fi•• • Coordinate responses of private contractors during a severe event as indicated in the City's Emergency Plan. • Public education on the effects of severe weather. • Inform public of availability of AWS radios, in preparation of potential weather advisories. • Activate the City's EOC to coordinate planning and logistical efforts in dealing with the emergency. Potential projects: • Rebuild the old transmission line sections in Lawing, Boulder Ck, and Lakeview to current distribution standards (its current use) so that it will withstand known weather conditions. • Rebuild the double Circuit line from Dimond Blvd. to Dairy Hill Rd to withstand known weather conditions. Seward All Hazard Mitigation Plan -35- March 23, 2004 r Revised, April 12, 2010 J Annex G — Snow Avalanches /Landslides A. Hazard Assessment Both snow avalanches and landslides are common occurrences within the City of Seward. Lowell Point Road is commonly closed during the winter from snow avalanches. Landslides occur along that same road during heavy rains. Lowell Canyon is also prone to landslides during heavy rain. If a landslide were to block the Lowell Creek Tunnel entrance, serious flooding could affect homes, businesses, the hospital, and the senior center. Monitoring of Lowell Creek during major weather events is a high priority for the City of Seward. B. Vulnerability Assessment and Impacts There is a moderate probability of snow avalanches /landslides within the City of Seward. Infrastructure disruption in Lowell Canyon can be a result of an avalanche or landslide event. Many of the secondary effects of avalanche are road closures on the Seward Highway which have greater impact to the community as a whole. C. Mitigation Measures Goal: Increase public awareness of hazards of avalanche /landslides in the community • Identify avalanche areas within the city and generate GIS Hazard Maps. Coordinate with Community Development on locations of areas for any zoning issues. • Create safe parking areas along Lowell Point Road for vehicles. • Develop and install signs designating avalanche danger zone. Nord • Renovate Lowell Canyon Tunnel access. • Establish a retaining structure in Lowell Canyon to prevent avalanches from disrupting city water storage system. Potential Projects: • Design and develop a new generation of diversion structures and flexible transmission poles to bend with the snow impact. • Underground more of the distribution lines in avalanche areas, ex. Mile 22. Annex H — Volcano A. Hazard Assessment The City of Seward, in the East Zone of the Kenai Peninsula Borough, would see secondary effects from a volcanic eruption. Actions needed are to be able to cope with potential long term effects and continual activity from the volcanoes. Infrastructure, facilities and priority buildings will need to be secured from volcanic ash fallout. Citizens with respiratory conditions would need to be protected or evacuated. Seward All Hazard Mitigation Plan -36- March 23, 2004 Revised, April 12, 2010 B. Vulnerability Assessment and Impacts Star The vulnerability assessment is covered in the Kenai Peninsula Borough Hazard Mitigation Plan for the East Zone. In the Borough's Emergency Plan is a checklist that covers volcanic activity. The City has adopted the checklist for activities to be performed for warning, response and recovery phases (Vol. 2 KPB Emergency Plan Hazard Specific Checklist). C. Mitigation Measures Goal: Increase public awareness of hazards • Refer to KPB Hazard Mitigation Plan for guidance on mitigation plans • Identify critical facility risk and need from ash fallout. Annex I — Technical A. Hazard Assessment There are various technical hazards within the City of Seward. One of the most prevalent is the anhydrous ammonia that is used in chilling facilities at the local fish processing plants. Slow Facilities are located at the SMIC, the boat harbor and the south end of town. Other potential technical hazards within the city include; fuel storage facilities, explosive storage and hazardous materials shipped into the city by marine vessel and truck or train cargo. B. Vulnerability Assessment and Impacts The probability of a technical hazard incident in the City of Seward is low, although there have been incidents in the past. Anhydrous ammonia is the most significant hazard that affects the community. Anhydrous ammonia is a corrosive and toxic gas that is an eye, nose and throat irritant. It is highly toxic if inhaled and may be an explosive hazard in a confined space. An example of this is the anhydrous ammonia leak and explosion at the Icicle Seafood's processing plant in Homer, Alaska, On July 1, 1998. The fire /explosion destroyed the Homer Plant. A broken ammonia line, under repair at the plant, was the source of the explosion. An estimated 34,000 Ibs was in the system at the time of the explosion. It is not clear how much anhydrous ammonia escaped out of the system before the incidents. The plant was located on the Homer Spit, which is away from the heavily populated portion of the city but within close proximity of many businesses, campgrounds and the boat harbor. During the fire, the Spit had to be evacuated which took approximately one hour to complete. Seward All Hazard Mitigation Plan -37- March 23, 2004 Revised, April 12, 2010 Icicle Seafood's Seward Plant, located in the Seward boat harbor and within 1 mile of downtown Seward, holds 23,000 lbs. of anhydrous ammonia in their system with an additional 300 lb external cylinder. Resurrection Bay Seafoods, located at the southern end of town has 650 lbs. in the system. Polar Seafoods, located in the SMIC area has 4500` lbs. Due to the proximity of two of these processing plants to populated areas, the city has a high risk from the effects of an anhydrous ammonia release. Icicle Seafoods currently has an Emergency Response Plan in place for potential release of anhydrous ammonia. In coordination with the Seward Fire Department, Icicle Seafoods conducts a simulated leak exercises. Icicle also does an in -house monthly exercise as part of their ERP. The plan is designed to meet the requirements of the Process Safety Management of Highly Hazardous Chemicals, the Hazardous Waste Operations and Emergency Response regulation, and Part 68 of Risk Management Plan regulations. The plan is available at the Icicle Seafoods Seward Fisheries Plant. Another potential technical hazard incident is the fuel storage tanks located north of the small boat harbor. These include gasoline, heating oil, motor oil, and diesel and propane storage facilities. All of which have the ability cause extreme environmental disasters and /or fire /explosion incidents. In the event of a failure of any of these tank systems, the risk to the City of Seward is high. The probability however of such failures is low. The largest threat from a fuel spill would be environmental contamination. The petroleum tank facility is located within a few hundred yards of the shoreline. A major spill or rupture of any tank would have far reaching impacts. All of these technical hazards can also occur as secondary affects of other identified hazards such as earthquakes, tsunamis and flooding. During the 1964 earthquake, ruptured fuel lines and ignition of the fuel caused additional problems for the City of Seward. Other technical hazards that could affect the City of Seward by secondary effects are listed in the KPB Hazard Mitigation Plan. C. Mitigation Measures Goal: Increase public awareness of hazards of potential spills /accidents • Work with industry operators to educate the public on potential hazards and develop strategies for response, evacuation, and containment. • Develop spill /clean up plans with industry. • Encourage sites to meet standards /regulations for all reportable quantity hazard materials. • During large renovation, repairs or after a disaster, encourage the use of utilidoors for future pipelines. Seward All Hazard Mitigation Plan -38- March 23, 2004 Revised, April 12, 2010 Annex J — Economic A. Hazard Assessment An economic hazard for the City of Seward would primarily result as a secondary effect of other potential hazards such as earthquakes, tsunamis and flooding. Because of the diversified economy of Seward, the probability of an economic hazard is low. B. Vulnerability Assessment and Impacts The economic impact of increased natural gas prices is currently being felt through the Fuel Adjustment Charge in our electric bills. This increase is expected to increase dramatically in the next few years. The City of Seward has a low probability of other economic hazards. There are a number of scenarios that could cause a hazard to the economy if they were to occur. A few of these would be the closure of one or many of the government/private industry that has significant influence to the local economy. A few of the local industries that could affect the City of Seward would be the Toss of the tourism industry or the closure of the Alaska Vocational Technical Center. Tourism in Seward is an industry that has far reaching impact on Seward businesses and residents. There are many different industries that stem from the influx of the travel industry. There are approximately 28 hotels, motels, and bed and breakfasts, 27 restaurants, 4 seasonal water tour companies, 66 charter boats, 2 grocery stores, 22 art /gift shops, the Alaska SeaLife Center, hardware businesses and charter booking agencies, 2 fuel companies, campgrounds, and other related industries throughout the area could all be impacted by the reduction or elimination of tourism. A potential cause of reduction would be a terrorist threat or action based in the city or within the US. If one cruise ship was destroyed or taken by a terrorist organization in the US the reduction of tourist coming to Seward could be 100 %. Another major industry that has far reaching impacts on the City of Seward is the Alaska Vocational Technical Center (AVTEC). AVTEC is a state entity. AVTEC owns and operates 12 buildings, leases 1 building, has 69 full time employees with a payroll of $4.4 million, and spend approximately $530,000 in local businesses. AVTEC offers its employees good wages, benefits and a retirement system. The employees in return live in the community using the various businesses and services. A possible scenario that could affect the role of AVTEC in our community would be the reduction of the State budget. An impact to the commercial fishing industry could also affect the City of Seward by the reduction of services, employment and the decrease in vessels and crews who support many businesses throughout the city. These include the 3 local fish processing facilities, fuel companies, grocery stores, restaurants and hardware /fishing supply stores. oklirsy Seward All Hazard Mitigation Plan -39- March 23, 2004 9 Revised, April 12, 2010 Government agencies would also be impacted such as the City of Seward for port fees, business license fees, and other research /enforcement agencies. The probability of any of these events to occur is very low but the impact to the economy of the community would be high. C. Mitigation Measures Goal 1: Increase public awareness of potential hazards • Make concise information available to the public about local industry concerning any government control. • Make sure that accurate information is given to agencies that are responsible for dissemination of information concerning the City of Seward or other government agencies. • Public groups (Chamber of Commerce, Lions, and Rotary Clubs, etc.) with business interests have accurate and timely information available to dispel rumors. Goal 2: Support and encourage planned economic development that will be beneficial to the City of Seward. • Develop and find existing programs that insure that the City of Seward is a safe and clean place for visitors to come. Goa/ 3: Support and encourage the permitting and construction of an in state gas line to the states vast gas reserves. Seward All Hazard Mitigation Plan -40- March 23, 2004 6 r • Revised, April 12, 2010 jJ Chapter 5 — Public Participation on Plan In 2010 Fire Chief David Squires led the revision of the Hazard Mitigation Plan for the City of Seward under the direction of the City Manager, Phillip Oates. Working with the following people within City of Seward departments Executive Liaison to the City Manager, Suzi Towsley collected information. Departments from the City of Seward that assisted in compiling information include: Fire Department — David Squires, Fire Chief Engineering / Building Department— Stefan Nilsson Public Works — W.C. Casey and Kirsten Vesel Community Development- Christy Terry and Donna Glenz Electrical Department- John Foutz and Jeff Estes Small Boat Harbor- Kari Anderson Seward Parks and Recreation- Karin Sturdy Upon completion of the first draft, copies were distributed to the Fire Station, the Public Library and the City Clerks office for public review. The first public hearing for the draft proposal was held at the Planning and Zoning Commission meeting of April 6, 2010. Additional public hearings on The All Hazard Mitigation Plan were conducted at City Council meetings on April 12, and April 26 2010. Comments from the public from the meetings will be incorporated into the plan before submission to the KPB, State of Alaska, and Federal Governments. The Kenai Peninsula Borough has put together a public notice bulletin with contacts for the City of Seward as well as Borough contacts for individuals interested in the process of hazard mitigation. This is available on the internet at http: / /www. borough. kenai. ak.us /emergency /hazmit /plan.htm Public input into The All Hazard Mitigation Plan planning process was solicited in a Public Notice published in the Seward Phoenix Log on April 1 and 8, and 15, 2010. Interagency coordination was received from the following agencies: Kenai Peninsula Borough State of Alaska US Army Corps of Engineers Seward All Hazard Mitigation Plan -41- March 23, 2004 Revised, April 12, 2010 6 1 The State of Alaska gave direction on how to formulate the plan, identify the hazards and mitigation measures. The State of Alaska reviews the plan for compliance and completeness and recommends changes that need to be made. The Corp of Engineers provided information on past mitigation efforts and estimations on proposed mitigation measures and including the permitting process. In the revision of this plan under the direction of City Manager, Phillip Oates, each of the City departments were contacted for input for completed mitigation measures, new proposed mitigation measures and other hazards that may effect the City of Seward. Any agency contacted to review the original plan was given the opportunity to review the revised document. Seward All Hazard Mitigation Plan -42- March 23, 2004 6 2 Revised, April 12, 2010 Chapter 6 — Implementation 1 ., The City of Seward will implement this plan by the methods outlined in this chapter. In addition to a positive cost /benefit ratio, projects will be prioritized and selected for implementation based on community goals, planning objectives, funding availability, environmental concerns and public support. The City Manager is responsible for implementing the plan as resources allow. Projects selected for funding will follow a public process with the Planning Commission making recommendations to the Seward City Council for further public input and approval of projects. Completion of any project will depend on the availability of funds, changes in priority and will need to be individually approved and adopted by the City Council prior to the start of that project. The Planning and Zoning Commission will review the potential projects list for recommendations to the Council on which projects should receive the highest priority. The Council is responsible for making the final decision on which projects are submitted for funding. Because flooding from severe storms presents the greatest threat to Seward it is anticipated that projects mitigating damage from floods will receive the highest priority. In subsequent updates of the plan, continued evaluation of danger from other hazards will be undertaken. Determining which projects should be submitted for funding will be based on a FEMA approved cost /benefit method. A publication by FEMA explains how to determine cost- effectiveness of mitigation projects and how to calculate the benefit -cost ratio. In addition to a positive cost /benefit ratio, projects will be prioritized and selected for implementation based on community goals, planning objectives, funding availability, environmental concerns and public support. The Plan will be monitored and it will be updated when a disaster occurs that significantly affects Seward, whether or not it receives a Presidential Declaration, assuming funding is available to update The Plan. The update will be completed as soon as possible, but by no later than the 12 months following the date the disaster occurs. The normal review cycle will be five years. The City Manager will direct staff to start the updating of this Plan two years before the end of the five -year cycle. Securing grant monies and developing a project plan will occur the two years before the end of the five year requirement. Writing of the update will happen one year before the end of the five year cycle, to allow for adequate time for public participation. The public will be advised of the revision process through announcements the paper for public review and comment at regular Planning and Zoning Commission meetings and City Council Meetings. Plans will be available at various public sites (example: Library, City Hall). Advertisements will run in the Seward Phoenix Log, our weekly local newspaper, requesting public comment. fir.. Seward All Hazard Mitigation Plan -43- March 23, 2004 6 3 Revised, April 12, 2010 The All Hazard Mitigation Plan will be updated as necessary as required by State of Alaska law, Title 29.40.030. At a minimum however The Plan will be evaluated and updated every five years. 6A — Potential Projects The following list is based upon city staff analysis of vulnerabilities and mitigation measures for known hazards in the Seward area. Prioritizing the list will depend on future disasters and the needs of the community. Inclusion of short and long term projects is consistent with the state hazard plan. • Short-term projects are those, which could be accomplished within a two year time period. • Long -term projects will take longer than two years and /or depend on other projects being accomplished first or substantial funding resources. Project Listing: (not prioritized) 1. Identify additional hazards not covered previously and do a risk analysis within a two year time period. (Short Term) 2. The current Flood Insurance Rate Maps are very outdated and are in need of updating to address the following items. (Long Term) > 1981 maps need to be reevaluated with 23 years of additional data. `"' > Corrections may need to be made for areas where fill or naturally high ground is now shown as flood prone but may not be in jeopardy of flooding. > U.S. Corps of Engineers needs to analyze new flood boundaries as part of the harbor /port improvement project. > Investigate better flood programs, especially ones specific to alluvial fan flooding. 3. City of Seward should evaluate the benefits of applying to FEMA to join the Community Rating System. (Short Term) 4. City staff should work with adjustors on the Community Rating System to reduce interest rates. (Long Term) 5. Information on how to obtain insurance from the NFIP should be provided to private property owners. (Short Term) 6. Publish a brochure containing information on the City of Seward flood dangers to be distributed to the community. (Short Term) 7. Require that realtors disclose hazard risk in real estate transactions. (Short Term) 8. Bring a flood - proofing workshop to Seward to assist the City and private property owners. (Short Term) Seward All Hazard Mitigation Plan -44- March 23, 2004 6 4 Revised, April 12, 2010 9. Reevaluate land use codes and subdivision regulations that are specific to development within the flood prone areas. (Short Term) 10. Mitigate damage to roads, drainage and utilities by requiring that reconstruction be to a higher standard after a storm. (Long Term) 11. Revise the flood plain ordinance to include a provision for cumulative substantial improvement or damage. (Short Term) 12. Properties should be identified that would be appropriate for protection because of flood risks, and after public input, acquisition, conservation, or flood hazard protection regulations by the government should be pursued. (Long Term) 13. Require buildings to be built with the lowest floor one foot above base flood elevation. (Short Term) 14. Improve enforcement of floodplain regulations, including requiring certificates for all structures within the flood plain. (Short Term) 15. Continued maintenance of the Resurrection River drainage. In conjunction with KPB, conduct an engineering study to determine the most effective use of the dredge materials from the maintenance dredging. (Long Term) 16. Continue Lowell Creek Tunnel outflow maintenance. (Short Term) 17. Expand p public awareness about NOAA Weather Radio for continuous weather broadcasts and warning tone alert capability. (Short Term) 18. Identify buildings or locations vital to the emergency response effort and buildings or locations that, if damaged, would create secondary disasters. (Short Term) 19. Encourage real -time availability and use of satellite data to evaluate fire, spruce bark beetle killed forest, and flood or tsunami potential. i.e. EMWINS, KPB Spruce Bark Beetle. (Long Term) 20. Encourage KPB school mitigation efforts. This measure will increase help to protect children and retain a school's functionality as an emergency shelter. (Long Term) 21. Encourage non - structural mitigation and preparedness activities. Encourage activities at the household level. (Short Term) 22. Conduct city -wide earthquake /tsunami drills. Citywide earthquake /tsunami drills will educate people on what to do when an earthquake /tsunami occurs and reinforce interagency and individual expectations. (Long Term) Seward All Hazard Mitigation Plan -45- March 23, 2004 6 r Revised, April 12, 2010 23. Encourage the development of earthquake structural performance standards and incorporate earthquake overlay zones in the community land use ordinances. Encourage the development of citing requirements based on soil type, slope, and other considerations. Before this can happen, information about where the various risks are located must be developed. (Long Term) 24. Promote incorporation of new methods to improve building performance. New materials and construction techniques might be more effective or feasible than what is currently available. (Long Term) 25. Evaluate the need for development of large -scale earthquake- hazard maps of the Seward areas. Seismic hazard area maps need to be created for the area. The maps should depict site amplification, liquefaction susceptibility, and ground failure at a minimum scale of 1 inch = 1 mile. (Long Term) 26. Publish Tsunami Inundation Maps. Revise maps after a significant event or natural disaster. (Long Term) 27. Improve the Lowell Creek diversion project by reassessing the best route for creek diversion, renovation of the tunnel and development of a new outfall. (Long Term) 28. Identify and advise of avalanche /landslide areas within the City of Seward for potential community development. (Short Term) 29. Encourage the Kenai Peninsula Borough to include service areas outside of City of Seward city limits in this plan. viird Seward All Hazard Mitigation Plan -46- March 23, 2004 6 U �' Revised, April 12, 2010 References and Addendum 1 City of Seward: Flood Hazards Mitigation Plan. City of Seward Community Development Department and Hensley Consulting Services, 1996. 2 Draft State Hazard Mitigation Plan. Alaska Division of Emergency Services (ADES), March 2002. 3 Flood Damage Reduction Revised Reconnaissance Report Seward, Alaska, Lowell Creek. United States Army Corps of Engineers (USCOE), August 1992. 4 Flood Mitigation Assistance Guidance. Federal Emergency Management Agency (FEMA) FEMA 299, August 1997. 5 Kenai Peninsula Borough All- Hazard Mitigation Plan First Draft 2003. Bechtol Planning and Development, November 2003. 6 Kenai Peninsula Borough Flood Mitigation Plan. KPB, March 1996. 7 Seward Area Rivers; Flood Damage Prevention Interim Reconnaissance Report. United States Army Corps of Engineers, February 1994. 8 Subduction Zones. Alan Feuerbacher http://www.geocities.com/Athens/Academy/6040/flood09.htm 9 U.S. Geological Survey web sites; http: / /neic.usgs.gov; http://pubs.usgs.gov/publications/text/understanding.html 10 FEMA publications: How to Determine Cost - Effectiveness of Mitigation Projects and Calculating the Benefit -Cost Ratio. http : / /www.fema.gov /fima/pdm.shtm 11 The Water Resources Development Act of 2007, Section 5032 Lowell Creek Tunnel, United States Army Corps of Engineers, 2007 12 Proposed North Forest Acres Levee /Road map, HDR, Wm. J. Nelson & Associates, AeroMetric, April 2008] Addendum of Revisions /Updates Sow Seward All Hazard Mitigation Plan -47- March 23, 2004 67 Revised, April 12, 2010 `' DEPARTMENT OF THE ARMY r ;'• W �'�• .:'u �• '.�" ,,; U.S. ARMY CORPS OF ENGINEERS :{ 1 '' 'tl' WASHINGTON, D.C. 20314-1000 CEMP -POD JUN 2 9 2009 MEMORANDUM FOR COMMANDER, Pacific Ocean Division (CEPOD-PDC) SUBJECT: Implementation Guidance for Section 5032 of the Water Resources Development Act of 2007 (WRDA 2007) — Lowell Creek Tunnel, Seward, Alaska 1. Section 5032 directs the Secretary to assume responsibility for the long -term maintenance and repair of the Lowell Creek tunnel, Seward, Alaska until an alternative method of flood diversion is constructed and operational, or 15 years after the date of enactment of WRDA 2007 (8 November 2007), whichever is earlier. In addition, the Secretary is authorized to conduct a study to detennine whether an alternative method of flood diversion in Lowell Canyon is feasible. Further, if the Secretary determines an alternative method of flood diversion in Lowell Canyon is feasible, the alternative method shall be constructed and the Federal share of the cost of carrying out such alternative method will be the same as the Federal share of the cost of the construction of the Lowell Creek tunnel. A copy of Section 5032 is enclosed for information. 2. Construction was completed in 1940 of the existing Lowell Creek project to protect the city of Seward from the floodwaters of Lowell Creek. The project consists of a diversion dam and a concrete lined tunnel 10 feet in diameter and 2,070 feet long through Bear Mountain. The construction was performed at Federal expense and the City of Seward provided, at no cost to the Government, all Lands, easements, and rights-of-way necessary for construction. The City of Seward assumed responsibility for operation and maintenance of the existing project upon completion of construction. 3. The Alaska District will assume long -tern maintenance and repair responsibility of the concrete lined tunnel (and tunnel inlet and outlet structures) until completion of construction of an alternative method of flood diversion or until 8 November 2022 (15 years after the date of enactment of WRDA 2007), whichever is earlier. Funding to accomplish the long -term maintenance and repair will be budgeted in the O&M account in accordance with existing budgetary policies and procedures. In advance of the budget request, a letter report that details the extent and cost of the operations and maintenance must be submitted for review and approval by the ASA(CW). Long -term maintenance and repair activities of the concrete tined tunnel (and tunnel inlet and outlet structures) will be limited to those that meet the definitions for "replacement" and "rehabilitation" in Section 12 of ER 1 110 -2 -401, "Operation, Maintenance, Repair, .Replacement. and Rehabilitation Manual for Projects and Separable Elements Managed by Project Sponsors" such as replacement of worn out portions of the concrete lined tunnel (and 68 CEMP -POD SUBJECT: Implementation Guidance for Section 5032 of the Water Resources Development Act of 2007 — Lowell Creek Tunnel, Seward, Alaska tunnel inlet and outlet structures) or returning a deteriorated feature of the concrete lined tunnel (and tunnel inlet and outlet structures) back to its original condition. The need to rehabilitate the concrete lined tunnel (and tunnel inlet and outlet structures) also could result from unusual damage incurred during a flood event. Long -term maintenance and repair activities typically require multiple seasons to plan, design, and execute. If no alternative method of flood diversion is constructed before 8November 2022, the responsibility for long -term maintenance and repair of the concrete lined tunnel (and tunnel inlet and outlet structures) shall revert back to the City of Seward. 4. Annual maintenance and repair of the concrete lined tunnel (and tunnel inlet and outlet structures) will remain the responsibility of the City of Seward. Annual maintenance and repair is defined in Section 12 of ER 1110 -2 -401 as "those activities of a routine nature that maintain the project in a well kept condition." Examples of such activities include annual removal of sediments and debris from the stilling basin at the outfall of the tunnel and repairs necessary to fences and ladders. Inspections are also part of the annual operations and maintenance responsibilities of the City of Seward and should continue in accordance with state regulatory authority. The District may accompany the city or state on the inspections and should obtain a copy of the final inspection reports. 5. Operation, maintenance, repair, replacement, and rehabilitation of the diversion dam will remain the responsibility of the City of Seward. 6. At such time as funds are appropriated for such work, the District should conduct a reconnaissance study to determine whether an alternative method of flood diversion in Lowell Canyon is feasible in accordance with procedural guidance contained in ER 1105 -2 -100. If the reconnaissance study determines that there is at least one feasible solution, once funds are appropriated for such work, the District should conduct a feasibility study in accordance with current budgetary policy and procedural guidance contained in ER 1105-2-100 for projects authorized without a report. The costs of the feasibility study will be shared 50 percent Federal and 50 percent non - Federal pursuant to a Feasibility Cost Sharing Agreement. The feasibility report will be submitted to the POD RIT for policy compliance review by HQUSACE and approval by the Secretary. 7. Upon approval of a report that documents a feasible alternative to flood diversion in Lowell Canyon and receipt ofFederal funding for construction of such alternative, a project partnership agreement (PPA) addressing design and construction of the approved plan may be executed in accordance with the current guidance on preparation of, approval, and execution of PPAs. The design and construction of the approved plan shall be accomplished at Federal expense and the non - Federal sponsor shall provide, at no cost to the Government, all lands, easements, and rights - ""' 2 69 CEMP -POD SUBJECT: implementation Guidance for Section 5032 of the Water Resources Development Nod Act of 2007 — Lowell Creek Tunnel, Seward, Alaska of -way necessary for the construction. Further, upon completion of construction the non - Federal sponsor shall operate, maintain, repair, replace, and rehabilitate the new project. Contact the POD RIT for direction on drafting the PPA. FOR THE COMMANDER: Encl LLOYD IKE Chief, Pacific Ocean Division Regional Integration Team Directorate of Military Programs 3 SEC. 5032. LOWELL CREEK TUNNEL, SEWARD, ALASKA. (a) LONG -TERM MAINTENANCE AND REPAIR. -- (1) MAINTENANCE AND REPAIR. —The Secretary shall assume responsibility for the long- term maintenance and repair of the Lowell Creek tunnel, Seward, Alaska. (2) DURATION OF RESPONSIBILITIES. —The responsibility of the Secretary for long-term maintenance and repair of the tunnel shall continue until an alternative method of flood diversion is constructed and operational under this section, or 15 years after the date of enactment of this Act, whichever is earlier. (b) STUDY. —The Secretary shall conduct a study to determine whether an alternative method of flood diversion in Lowell Canyon is feasible. (c) CONSTRUCTION. — (1) ALTERNATIVE METHODS. —If the Secretary determines under the study conducted under subsection (b) that an alternative method of flood diversion in Lowell Canyon is feasible, the Secretary shall carry out the alternative method. (2) FEDERAL SHARE —The Federal share of the cost of carrying out an alternative method under paragraph (1) shall be the same as the Federal share of the cost of the construction of the Lowell Creek tunnel. • • Encl p3 i 1L �ao\ dart.. � � ��. } `- y� § or i. ,,,,...,,„ ,.:,,,„„ I. ",, ,,"' ..*,'#'4 ' 174 ' g :;' , A' i. y & ' lip d 1 ' , � ` � '1 to _ v Y . '4. '' dE k, . ;' I 1, North F trtt A i y r b vis .iarr '., o ... �, ,. ik.,.. .,1,:lik.., ,, tivr op, k Y � { it %: y., \ � I /j Proposed North Forest Acres Legend J p 2008 Alignment .e.4 Existing Levee Levee /Road .... 2003 Alignment F Parcel Boundary '..4".;:'-''' kr 150 125 0 250 510 Feet q +p Sources: I-1DR, Wm. J. Nelson & Associates, AeroMetric Date: 04/15/08 ( (tr. (6,. The following addendum to the All Hazard Mitigation Plan of the City of Seward is a list of substantive changes made during the April 2010 revision. i tiobe Page Revision explanation Page Addition - (center of page) 7 Harbor facilities include approximately 4000 linear feet of moorage and space for 650 vessels. Seward Providence Medical Care Center is licensed to admit and care for up to 6 in patients. The Long Term Care Facility, Seward Mountain Haven is licensed to admit and care for up to 40 patients. Fire /rescue resources include Seward's primary facility, Seward Fire Department located at 316 4 Avenue in downtown Seward and one satellite station located at mile 6.5 Nash Road in the Seward Marine Industrial Center basin area. Page Addition -(top of page) 10 In 2003, residents of Seward, Bear Creek and Lowell Point established a flood - service area board, the Seward /Bear Creek Flood Service Area (SBCFA). This board's duties are to provide flood protection, planning and mitigation services, as well as developing, implementing and updating a development plan for furnishing flood protection services. The board will develop criteria for determining service area involvement in future flood control projects, and coordinate with the City of Seward to ensure there is neither duplication 401110. contradiction in the flood control projects or services provided. The SBCFSA Flood Hazard Mitigation Plan was originally published July 2005 and updated November 2007. The October 2006 flood event resulted in federal disaster declaration as residents were evacuated, highways and roads flooded, levees damaged and critical infrastructure damaged. The December 2009 high water event and storm surge resulted in a state disaster declaration as critical waterfront infrastructure was damaged including the wave barrier along Lowell Point Road, the Seward Green belt area and the seawall at the Alaska SeaLife Center. Page Addition -(top of page) 12 Erosion to the beaches caused by storms or high winds are an ongoing hazard in the City of Seward. The December 2009 storm surge with high water event caused extensive damage to the wave barrier along Lowell Point Road, the Seward Green belt area and the seawall at the Alaska SeaLife Center. Lowell Point Road is the only access for Kenai Peninsula Borough Citizens living in that community, access for State and Federal Parks and a key sewer and electric utility corridor for Seward. Other wave action and coastal flooding also causes damage to the shoreline. Use of Resurrection Bay by recreational boaters, is a source of wave action which will continue to be a problem even without significant storms. City of Seward has taken steps to minimize the impacts of erosion on the beaches with the addition of rock walls, culverts and channels, but additional measures are necessary. '°s 3 1 Coastal erosion regularly threaten significant assets including the City owned bike path, Playgrounds, park, RV sights landmarks and the Alaska Sea Life Center. Page Addition (above map) 15 Currently, the City of Seward has completed the permitting process for the second phase of the project, has completed the Japanese Creek relocation and, by the time of this plan's approval, will have completed all the property acquisitions. The second phase of the project will extend the levee /road to the Seward Highway. Construction of the levee and relocation of utilities is planned to begin in 2010. Page Addition - (center of page) 16 The flooding event in October 2006 was caused by the combination of high tides, warm temperatures and the remnants of a typhoon stalled over south central Alaska caused 9 to 15 inches of rain to fall on the Seward area. The heavy rains contributed to the closing of the Seward Highway at Mile 4, portions of the airport were flooded and residents from outlying areas were evacuated from their homes. The outflow from the Lowell Creek diversion tunnel dumped a 25 foot pile of debris and gravel on the bridge, severed the only road to residents living at Lowell Point and threatened water main and sewer lines. Several levees were damaged and approximately 200,000 cubic yards of bed load was deposited in Japanese Creek severely constraining the levee's ability to contain flood waters. The Alaska District of the U.S. Army Corps of Engineers assumed Tong -term maintenance and repair responsibility of the tunnel, inlet and outlet structures, until completion of construction of an alternative method of flood diversion or until November 8, 2022. The City of Seward continues to work with our congressional delegation to insure this project is funded. Page Addition- (end of 1 paragraph) 19 The 2008 Water Resources and Development Act (WRDA) returned the Lowell Creek diversion tunnel to the US Army Corps of Engineers management and authorized a project to correct current deficiencies. Page Addition- (end of 3rd paragraph) 19 In 2003 the Kenai Borough adopted Ordinance 2003 -30 establishing the Seward /Bear Creek Flood Service Area (SBCFA). Section 16.50.090 of the Kenai Peninsula Code defines the SBCFSA Board of Directors powers and duties, which include responsibility for developing, implementing and updating a plan for furnishing flood protection, planning and mitigation services. The SBCFSA Flood Hazard Mitigation Plan was originally published July 2005 and updated November 2007. Page http : / /www.fema.gov /doc /library /nfipdescrip.doc..- updated website information. 20 Page Addition - (bottom of page) 20 In 2010, FEMA will update its FIRM maps for the City of Seward. The estimated date for release of the draft maps is March 30, 2010. Draft hard copy maps will be released for public review, and once public meetings are held by FEMA and public comment is obtained, final maps and digital shapefiles will be available in 2011. " 4 2 Page updated — (Center of page) 21 • Update the Seward Flood Hazard Mitigation Plan, 1996; this was subsequently replaced by the Seward /Bear Creek Flood Service Area Flood err Hazard Mitigation Plan, Originally published July 2005 and updated in November 2007. • Update the Seward Flood Hazard Mitigation Plan, 1996. Page Addition -(top of page) 22 • Remove excess bed load accumulation in Seward's rivers and creeks. • Ditch, drainage, sea wall and culvert construction, coordinated to help ensure the safe, flood free drainage even during potential storm events. Page Addition -(4 bullet) 22 • Complete the Two Lakes Park Replat and the joint use access agreements providing the secondary evacuation route.' Page Addition - (center of page) 22 The below was completed in 2009 with the help of the Kenai Watershed Forum. Dairy Hill Drainage Improvements: Upsize culverts and improve haphazard drainage in the Dairy Hill Area. During heavy rainfall events, the flows in the drainages can become severe and cause washouts of roadways, culverts and building improvements. An HMGP grant application was submitted in 2010 in the amount of $339,387.00. Page Addition (starts bottom of page 22) 22 • Coordinate with the US Army Corps of Engineers as they develop a project to rr & 23 upgrade, replace or find an alternative to the Lowell Creek diversion tunnel and it's resulting out -flow sediment build up. • Japp Creek investigation to evaluate the flow capacity of the existing flood control corridor, to determine sedimentation trends /rates, and to utilize this information to develop a long term maintenance strategy and funding plan to preserve the system. • Fourth of July Creek investigation to evaluate the flow capacity of the existing flood control corridor, to determine sedimentation trends /rates, and to utilize this information to develop a long term maintenance strategy and funding plan to preserve the system. • Spruce Creek Evaluate the flow capacity of the flood control corridor and determine sedimentation rates. Use this information to develop a plan to preserve the flood control corridor and to create a long term maintenance strategy and funding plan. • A geomorphic investigation should be conducted of Scheffler Creek to Determine the size, frequency, and potential deposition characteristics of future debris flows. Page Deletion (top of page) updated with current information 22 Lowell Creek outfall sediment and erosion control project, the City of Seward has proposed to the US Army Corps of Engineers to create a channel of 160 ft. by 50 ft. by removing up to 20,000 cubic yards of silt from south of the tunnel outfall as part of a flood /erosion control project to maintain the water way. 4 %1w Page Addition (middle of page) 23 • Support a U.S. Army Engineer District, Alaska needs Assessment this Fall to 3 Y �� consider needs throughout the greater Seward watershed area. Alternative, the City could proceed ahead to request our Congressional delegation to establish earmarks of $100K for our preliminary assessments. Page Addition (bottom of page 24) 24 The third goal in the process is to enact mitigation solutions. The City working closely with the SBCFSA has identified flood mitigation problems and recommended solutions within their capabilities, which have been through the public process and approved by the City Council, with some funded and others competing for state or federal funding. Mitigation problems exceeding the City and SBCFSA capabilities and expertise have been forwarded to FEMA, US Army Corps of Engineers and other federal and state organizations for their assistance. The City and SBCFSA have agreed on those projects that can be funded by each and included in their budget. Grant requests and other financial sources are being sought on those that exceed either's capacity. Completion of any project will depend on the availability of funds and any changes of priority. Page Addition(top of page) 27 In January 2010, the Seward Planning & Zoning Commission approved a replat of land owned by the City to designate it as a park. A sixty foot wide Right —of- Way was included in the request to allow for access to a private landholder. The landholder agreed to allow for a secondary access route across their property for consideration of the right of way. Details on the exact location of the secondary route and its width will be determined in the spring of 2010. Construction of the route will not start until funds are available to complete it. Goal 2 in the mitigation measures had an objective to develop a brochure to educate homeowners on fuel tank stands. That objective was included in the information packet given to anyone applying for a Building Permit. During the plan review phase of a project items that are of concern for earthquake mitigation are pointed out to the developer and where possible required for the project. Page Addition - (3 bullet) 27 Where possible employ Earthquake resistant building technology to mitigate damage. Page Addition (4 bullet) 27 (Land has been designated in January of 2010. The survey of the route is scheduled to be accomplished in the spring of 2010.) Page Addition (middle of 1 paragraph) 30 In the 2004 version of this plan, in Goal 1 we identified two potential projects that benefit the community. With the assistance of The State of Alaska DHS /EM, USGS, UAF Geological Department and NOAA we have finalized a new inundation map for the community. This map shows the effects of different size waves and effects from waves generated inside and outside of Resurrection Bay. The final version of the map went to the publishers in January 2010. The second project was to acquire land to develop a secondary evacuation route. An agreement has been reached with the private landowner who will allow for this route over their property. Survey of the route has been completed and we are currently looking into any engineering studies that may be required. •• 1 • 4 • 0 Page Addition 30 • Drill or dry run practice community evacuations of above and existing evacuation routes. • Place one electrical supply circuit underground across the Lagoon in an old waterline. • Complete an underground electrical supply circuit over Dairy Hill and through Two Lakes Park. • Complete an underground circuit from the South Harbor expansion to Jefferson along Ballaine Blvd. • Complete the SMIC electrical loop along Sorrel Rd. • Complete the electrical loop along Alemeda St. To Leirer Rd. • Complete the underground electrical loop on Lowell Pt. from Beach Drive to Lowell Pt. Rd., and the loop from Shady Ln. to Beach Dr. Page Addition 31 & After the 2006 flood event, the City of Seward evaluated options for additional 32 erosion control within the Seward Small Boat Harbor basin. A new Travelift dock was built in 2008, connecting the existing sheet- piling dock forming the foundation for the Best Western Hotel. Additional rock was placed in the north- west corner to help alleviate the erosion problem in this quadrant of the harbor. The north -east corner of the harbor requires additional mitigation efforts to prevent future damage from future flooding events. A stormwater drain is currently in place in this area, however shore bank erosion will continue to be a problem unless rock, sheetpile or other substrate is placed in the area to prevent further erosion. This area of the harbor has been subject to likaw from wave action because the east breakwater was not originally designed or built long enough to protect this area from wave events originating from Resurrection Bay. In 2010 the US ARMY Corps of Engineers awarded a contract to extend the east breakwater 215 feet to mitigate this problem. An additional consequence of the flooding events in Seward is the accumulation of debris (soil, rocks, vegetative matter, trash) that is deposited in the harbor basin. This requires additional dredging to maintain proper depth in the harbor. The US Army Corps of Engineers maintains responsibility for a portion of the harbor dredging, but most flood prone areas are the City of Seward's responsibility. Dredging is scheduled to occur in 2011 based on funding availability. Page Addition- (mid page) 32 In December of 2009 a storm surge caused severe damage to Lowell Point Road, Alaska SeaLife Center, the south camping area, camping area along Ballaine Blvd and the south beach of SMIC. The State of Alaska made a declaration of disaster for this event. Page Addition (Bottom of page32) 32 & • Cover the underground electric line to Lowell Pt. with concrete 33 • Current Mitigation measures required at Waterfront Park includes 1) repairing, maintaining and redesigning the rock barrier located in the Waterfront Park area and 2) implementing a regenerative program of our native Beach Rye 5 6,1 Grass (Elymus arenarius) by aggressively replanting, relocating city campground fire pits, implementing educational signage to redirect foot and recreational vehicle traffic and installing boulders and other barriers to prohibit vehicles from damaging the coastal vegetation. • Install a protective "spit" near the waterfront in cooperation with the state, to protect from coastal erosion, storm surge tides and tsunami inundation. Similar to the south harbor upland, but smaller. Page Addition (top of page) 33 • Install sheet - piling or a rock barrier along the north -east edge of the harbor to prevent further erosion. • Dredging operations to remove debris and sediment accumulation within the harbor from flooding events and to maintain necessary depth. Page Addition 34 Potential projects: • Acquire permission to clear hazard, and potential hazard trees beyond the permit area for the transmission line from Dave's Creek to Grouse Lake from the State and the USFS. • Clear the trees from the newly acquired permission areas and the brush within the permitted area. Page Addition (center of page) 34 Relocating the Seward Building Department into the Fire Department has helped streamline this part of the process for builders by consolidating review of potential response to a structure, operational needs of the builder and City department's requirements in one location. During this plan review structures that are in an area that has risk/exposure to a wildland /urban fire, have been required to incorporate protective measures. Page Addition 35 Potential projects: • Rebuild the old transmission line sections in Lawing, Boulder Ck, and Lakeview to current distribution standards (its current use) so that it will withstand known weather conditions. • Rebuild the double Circuit line from Dimond Blvd. to Dairy Hill Rd to withstand known weather conditions. Page Addition (center of page) 36 Potential Projects: • Design and develop a new generation of diversion structures and flexible transmission poles to bend with the snow impact. • Underground more of the distribution lines in avalanche areas, ex: Mile 22. Page Addition 39 The economic impact of increased natural gas prices is currently being felt through the Fuel Adjustment Charge in our electric bills. This increase is expected to increase dramatically in the next few years. 6 '`i 8 Page Addition 40 Goal 3: Support and encourage the permitting and construction of an in state gas line to the states vast gas reserves. Page Chapter 5 41 Public Participation on Plan Updated to reflect current dates and city employees Page Addition 46 29. Encourage the Kenai Peninsula Borough to include service areas outside of City of Seward city limits in this plan. is 7 Sponsored by: Mayor Dunham CITY OF SEWARD, ALASKA RESOLUTION 2010 -031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING SHARED SPONSORSHIP OF THE JAPAN AND ALASKA JUJIRO WADA MEMORIAL ASSOCIATION TRADE MISSION EXCHANGING OPPORTUNITIES TO GROW TRAVEL TRADE VIA TOURISM MARKET PROMOTION OF MARATHON AND SPORT EVENTS AND APPROVING THE SUBMISSION OF A $5,000 DISCRETIONARY GRANT AND AN UNDER $2,000 ALASKA HUMANITIES FORUM GRANT TO ASSIST WITH COSTS ASSOCIATED WITH TRAVEL FOR THE TRADE MISSION EXECUTIVE DELEGATES AND THEIR PLANNED PROPOSAL WHEREAS, individuals have discussed and collaborated with Japan to bring a Japan Marathoners Trade Delegation to Alaska to promote tourism and grow travel trade between Alaska and Japan, while partaking in statewide running events; and WHEREAS, the Japan and Alaska Jujiro Wada Memorial Associations were formed in honor of the legendary Jujiro Wada and his pioneering spirit, the surveying and blazing of the Iditarod Trail, and his many contributions to the State of Alaska; and WHEREAS, Chairperson Takumi Doi, of the Japan Jujiro Wada Memorial Association was reporting to the Mayor of Matsuyama City on establishing a city to city friendship relationship with Seward; and WHEREAS, a proposal has been received by the Alaska Jujiro Wada Memorial Association to sponsor a seven -day trade mission, and Seward has the opportunity to assist with hosting this delegation and runners this September, 2010; and WHEREAS, according to the proposal received, the City of Seward's obligations would be assisting with in -state travel and accommodations, project web -site costs, hosting a reception, and the establishment of an inaugural run over the Labor Day weekend; and WHEREAS, two grant opportunities have been submitted on Seward's behalf to assist and defray costs associated with this proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council wishes to send a formal letter of invite to the Japan Jujiro Wada Memorial Association to travel to Alaska and participate in this first segment of events CITY OF SEWARD, ALASKA RESOLUTION 2010 -031 and trade mission. Section 2. The Seward City Council supports the proposal by the Alaska Jujiro Wada Memorial Association and agrees to co- sponsor this event. Section 3. The Seward City Council supports the submission of grant opportunities to defray any costs associated with the city share- hosting this delegation in September, 2010, with costs not to exceed $5,000 coming out of the Mayor /Council Contingency Fund #101 -1110 -5690. Section 4. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 12 day of April, 2010. THE CITY OF SEWARD, ALASKA Jean Bardarson, Vice Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 0 . Council Agenda Statement Meeting Date: April 12, 2010 of sE, To: Mayor Dunham, City Council Members %--: G From: Jean Lewis, City Clerk i at P Agenda Item: Wada Memorial Association Support BACKGROUND & JUSTIFICATION: Professor Keizo Sugimoto, founder of Alaska's Aurora Borealis Tourism Enterprises, and UAA Professor Edgar Blatchford returned from Japan after extensive discussions with travel industry leaders there. One of the results is a proposal to bring a Japan Marathoners Trade Delegation to Alaska. Japan has over one million marathoners in their country and their marathon events are viewed by hundreds of thousands. It is proposed that beginning in September of 2010, this Japan Marathoners Trade Delegation and others representing distant races, marathon events and running clubs, would come to Alaska for a seven day trade mission. Seward would be highlighted at the beginning of this trip by providing them housing, an inaugural run on Labor Day, and a reception. The Alaska and Japan shared mission would be to shine light on Jujiro Wada, a pioneer of early Alaska history, along with promoting tourism, travel trade, and establishing international relationships. NINd The Alaska Jujiro Wada Memorial Association was organized and welcomed a delegation to Alaska. On Saturday, March 6, 2010, Seward hosted a small reception for delegates from the Japan Jujiro Wada Memorial Association, which was well attended. The attached proposal is requesting a commitment by the City of Seward to support the Alaska Jujiro Wada Memorial Association with the organization of their first trip, and using possible grants to defray any costs associated with hosting these delegates in our state. The grant proposals below are outlined and have been submitted by Jim Sinnett of Fairbanks on the City's behalf. Grant Proposal #1 is a Commissioner's Discretionary Grant for less than $5,000 from the State Department of Commerce, Community and Economic Development. This grant award would offset costs associated with the budget for limited match of air travel costs for the trade mission executive group. These trade mission delegates are individually responsible for international air travel costs. In -state travel and accommodations would be the responsibility of the City of Seward and/or individual group members and delegates. Grant Proposal #2 is a mini -grant for less than $2,000 from the Alaska Humanities Forum. This would be for Phase I project planning which includes match funds of $750.00 for air travel costs of Co -Chair Ms. Takami Doi, and $800 budgeted for constructing and bringing the project website on- line. INTENT: To support the proposal of creating a new tourism market exchange, and encouraging trade and commerce between Japan and Alaska, and assist the Alaska Chapter of the Jujiro Wada Memorial Association in hosting the 2010 Japan Marathoners Trade delegation tour. CONSISTENCY CHECKLIST: Where applicable, this resolution/ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: ATTORNEY REVIEW: No FISCAL NOTE: Costs not to exceed $5,000 are authorized from the 2010 Mayor /Council Contingency Fund #101- 1110 -5690 budget. In -state travel and accommodations would be the responsibility of the City of Seward. Housing arrangements may be difficult on that weekend and would have to be pursued now. Labor Day is a double overtime holiday to keep in mind when planning this event. Approved by Finance Department: � ' ' RECOMMENDATION: Approve Resolution 2010 -031, supporting the Alaska Jujiro Wada Memorial Association with the 2010 Japan Marathoners Trade delegation tour in September. t s ,�, x 7 �° ( '` t f .. , .:� :,119e.='; 4 :: A ; SSA' w .$ X . �� 6' `€ t �4 n ..'x , .. 4 '-'-'.4r..,. . - p ,i _ :.3 . F« . 'ix: ,mg '+ Y b 4 i S `� tl '- 1n r , 1 4 d ,_,,,t' , s,. w ,y / l , - '1 y rt 1 3 . � ,<,. -..F.. - ... �., � �' ♦ . " d s o-. � f £Y � � � rte m gr Organizing Directors Professor Edgar Blatchford - Mr. Keizo Sugimoto Professor Anthony T. Nakaza - Professor Hiroyuki Matsuura - Mr. Keizo Funatsu ALASKA JUJIRO WA MEMORIAL ASSOCIATION " °� P.D. Box 140732 Anchorage. AK 99514 (907) 980 -8009 2010a/oskaimsmtour @gmail.com City of Seward Mayor Willard Dunham and City of Seward Council Members c/o Jean Lewis, City Clerk March 31, 2010 Dear Mayor Dunham and Council Members, The Alaska Jujiro Wada Memorial Association "PC respectfully requests placement on the next agenda of the City of Seward Council, consideration of two grant sponsor application items requiring approval by Council Resolution. Both proposed grant applications require, or are most appropriate for authorization, by the local city governing body, and such City sponsorship will expedite grant review and timely approval by the funding agency. Both proposed grant applications , are attached, and are to be fora modest grant funding amount, showing matched by in -kind value and volunteer resources The first grant application prop for less than $5,000 total, is for a Commissioner's Discretionary Grant from th State Department of Commerce, Community Economic Development, and would be attendant to the proposed Seward Labor Day - Jujiro Wada commemoration marathon events and tandem Matsuyama friendship city trade mission visit to Seward by the Japan Marathoners Trade Delegation. The grant award budget is for limited match of air travel costs for the trade mission executive group. Trade mission entourage delegates are individually responsible for international air travel costs. Trade mission in -state travel and accommodations will be the responsibility of the sponsors and /or individual executive group members and entourage delegates. The second grant application proposal, for less than $2,000 total, is for aMini -Grant from the Alaska Humanities Forum, and would be attendant to the proposed Alaska History project titled: Phase I: Planning: The Japan - Alaska HEARS of Jujiro Wada Project. The Phase I: budget would provide grant match funds, in the amount of $750.00, for September air travel costs of Ms. Takami Doi, returning to Seward as co -chair of the trade mission, participating in the Seward Labor Day Marathon, and as the Jujiro Wada Tradition Bearer attending the September Alaska History Project Development Workshop in Seward. For constructing and bringing the project website on -line, the amount of $800 is budgeted. On behalf of the Japan and Alaska Jujiro Wada Memorial Associations, the City Council's consideration of supporting sponsorship and Resolution ap of grant application is greatly appreciated. Please feel to contact myself if there are further questions or presentation to the Council. Respectfully, Professor Edgar Blatchford, Chair Organizing Directors Alaska Jujiro Wada Memorial Association " 8 4 APPLICATION TO THE DEPARTMENT OF COMMERCE, COMMUNITY ECONOMIC DEVELOPMENT STATE OF ALASKA 4 41n , DCCED COMMISSIONER'S DISCRETIONARY GRANT Grantee Applicant: City of Seward Application Date: Office of the Mayor Post Office Box 167 City of Seward Resolution No. Seward, Alaska 99664 Project Title: Japan Marathoners Trade Mission to Alaska - Travel Support - September 4 -11, 2010 Grant Period: May 1, 2010 to September 30, 2010 Purpose: A 10 member trade mission delegation representing Japan's cities, major Japan marathon events, and distance running organizations, has been extended an invitation to visit Alaska in September of 2010. The purpose of the Commissioner's discretionary grant would be to provide matching funding support of air travel costs for the Japan Marathoners Trade Mission, executive delegation group of (5) members. Benefits: In the mist of current recession in traveler visits to Alaska, the opportunity window has been presented to explore and nurture marathon and sports enthusiast niche markets in Japan, and through trade mission introduction to Alaska's community -based and organized marathon and sports events, promote tourism travel to Alaska. The 2010 foundation of this first such marathon and sports focused niche trade mission is expected, by 2015, to annually lead to 5,000 or more new travel visitors from Japan. At a 40:1 ratio, up to 125 jobs will be created or saved. Sponsored by the City of Seward, the Japan trade mission seven (7) day visit will provide half -day conference seminars in several of Alaska's cities, for meeting with city leaders, businesses, and community organizations; and, too hear of exchange opportunities to grow travel trade via tourism niche market promotion of marathon and sport events; the role of international sports standards and sanctions that improve the rating of travel destinations; exchange presentations of the community scenic, historical, and attraction venues; sharing the quality of community attributes and accommodations; and steps for establishing stronger city -to -city friendship ties and economic travel trade relations. Budget: A Five Thousand Dollar ($5,000.00) Discretionary Grant. Under the discretionary grant budget administration of the City of Seward, the cost of the Japan to Alaska round -trip air fare travel costs for the trade mission's five (5) member executive group would be provided not to exceed the discretionary grant total amount of $5,000, and shall be limited strictly to provision for matching air travel costs of the trade mission. The City of Seward may make direct payment to the trade mission's booking Japan travel agency. Such air fare travel costs exceeding the discretionary grant amount shall be borne and paid for directly and entirely by the trade mission delegation. All rebates which may come due because of timely cancellation by the traveler or air carrier shall be repaid to the City of Seward, as grant administrator, and appropriately returned to the grantor agency. Director: In volunteer matching time of service, Economics Professor Nakazawa, from the University of Alaska Fairbanks - Cooperative Extension Service, and UAA Journalism Professor Edgar Blatchford, would assist in organizing, directing, and moderating the trade mission conference seminars. 85 PROJECT NARRATIVE: PROJECT PHASE I: PROPOSAL OUTLINE - PRE - APPLICATION REVIEW * Project Title: Japan - Alaska Historical Educational Archive Research Serial of Jujiro Wada In a singular lifestyle, Alaskan pioneer Jujiro Wada lived the life of a legend, an Arctic whaler, hunter, Eskimo Chief, prospector, champion marathoner, record dog musher, Yukon - Iditarod trailblazer, trader, cook, and community co-founder. Northern adventurer and entrepreneur extraordinaire. * Project Subtitle: PHASE I: PLANNING: THE JAPAN - ALASKA HEARS OFJUJIRO WADA PROJECT * Project Duration: June 1, 2010 to September 15, 2010 * Project Support: * PHASE I: FUNDING SOURCING: The immediate objective of the Project is to mobilize support and secure in -kind resource and grant funding support for Phase I: Project Team - Planning and Development work meetings. Phase I: sourced match grant funding will be budgeted for 1) cost of air travel for the Japan archive tradition bearer; 2) web - site.org / .edu registration and mainframe infrastructure. The Project Team Activity Task is to prepare a detailed and budgeted project work plan for Phases II - Phase V. * Project Summary: The extended project Goal and Objectives are to carry out a comprehensive historical education and awareness rendition project that wherefrom, among other project direct and indirect result benefits, provides the general public and students with a website accessible virtual clearinghouse source of media and printed publications of the legendary Japanese Alaskan pioneer Jujiro Wada. The encompassing compilation objective is to develop Alaska History curriculum standard textbooks, pocketbooks, multi -media and interactive materials to be made serially available to classrooms, libraries, and universities in Alaska and in Japan by 2011. Phase I: PLANNING OBJECTIVES: Initiating Phase I: providing planning and development for the project's 2010 - 2011 comprehensive compilation and digitalization of historic archive and research documents, and, wherefrom Alaska History products are to be created. Anthology sources to be gathered are known to reside in Japan, Alaska, Canada, and lower 48, yet no single anthology repository exists. In Alaska and Canada, sources can be found in the libraries of Nome, Seward, Fairbanks / Chena, Dawson, Whitehorse, and, in California and Minnesota. Sources also known to reside in archives of newspapers and foundations, and private person collections in Japan, Alaska, Canada, and California. Phase I: Planning Objective #1: in April, is to organize and convene the project team of humanities scholars and traditional bearer from Alaska and Japan for the purpose of calendaring monthly team meetings in May, June, July and August, and carry out development of the next Phase primary work plans and schedules for gathering research, conduct public meetings, design exhibits and storyboarding for methods of publication, and structuring the project website for content gathering. Phase I: Planning Objective #2: for September 6 -10, 2010 public participation activity, is to organize, convene and conduct project development review workshop meetings in Seward, Fairbanks, Nome, and Anchorage. The Project Team, in consultation and review with historians and others in the local communities, will finalize project plan narrative development and budget preparation of the main work plans for the next 2010 - 2011 Phases, objectives, and product specificity to follow. 8 Page 2: PROJECT NARRATIVE: PROJECT PHASE I: PROPOSAL OUTLINE - PRE - APPLICATION REVIEW * Project Personnel: Japan - Alaska HEARS of Jujiro Wada Project Team Phase 1: - Phase 5: Humanities Scholars: *In -Kind Value - Academic Volunteer Co- chair: * Professor Edgar Blatchford, University of Alaska Anchorage * Professor Anthony T. Nakazawa, University of Alaska Fairbanks * Professor Hiroyuki Matsuura, Taisei Gakuin University Research Chair: * Ronald Inouye, retired Researcher Rasmussen Library Phase 1: - Phase 5: Tradition Bearers: * *Direct Grant Match Support Co- chair: * * Ms. Takami Doi, Japan Jujiro Wada Memorial Association - Archives Chair * Keizo Funatsu, Silver Cloud - Alaska Tour Guide - Yukon Quest Musher * Keizo Sugimoto, Alaska Travel Counsel - Guide Interpreter Translator * Rhonda McBride, Alaska Journalist - Alaska Native - Japanese (pending RSVP to invite) Phase I: Project Development Director: *In -Kind Value - Development Volunteer * James Sinnett, retired State DCRA Program Development Officer - AmeriCorp Director * Project Publicity: Phase I: Planning Objective #3: introducing Jujiro Wada and the forthcoming project events in September, the Project Team members will develop a monthly series of short column articles, of Jujiro highlights intertwined with coming event announcements, for submission to local newspapers in Seward, Nome, Fairbanks, and Anchorage. In tandem opportunity, Project Team members will be available for local radio talk shows and television news features. The Project lead Jujiro highlight pamphlets will be provided to the media outlets to provide background to assist interview preparation for article columns and on- program featurettes. * Project Events: In September 6- 10, 2010, planning review workshops would be held in each community, congruently with local city and civic organizations sponsoring, inaugural marathon events, co- sponsored with the Alaska and Japan Jujiro Wada Memorial Associations, commemorating the champion marathon feats of Japanese Alaskan Jujiro Wada. * Project Sponsor: The City of Seward - City Library / Museum ( *pending City Council resolution approval) * Project Support: The Alaska Jujiro Wada Memorial Association, "Pc The Japan Jujiro Wada Memorial Association * Ethics and Permissions: Received: Letters of Recognition, Salutations, and Proclamations: 03 -2010 * Governor Parnell, State of Alaska 03 -2010 * Commissioner Emil Notti, State of Alaska, DCCED 03 -2010 * Mayor Willard Dunham, and the City Council of Seward 03 -2010 * Mayor Luke Hopkins, Fairbanks North Star Borough Pending: Letters of Support Invite to Participate and / or Grant Sponsors 04 -2010 * City of Nome Mayor and Common Council * University of Alaska - Cooperative Extension Service * Seward, Nome, Fairbanks - Libraries and Museums * Project Category Description: 06 -2010 Phase I: Team Activity Planning - Public Outreach Participation 10 -2010 Phase II: P &D In -Work: Historical Educational Archives Research Tasks 03 -2011 Phase III: P &D In -Work: History Principles and Oral Standards Tasks 06 -2011 Phase IV: P &D In -Work: Media Announcement Presentations Tasks 09 -2011 Phase V: P &D In -Work: Public Events: Exhibits - Publications- Productions Page 3: PROJECT EVALUATION PLAN PROJECT PHASE I: PROPOSAL OUTLINE - PRE - APPLICATION REVIEW * Goals and Objectives: Historic Educational Awareness Research - Series Products * Humanities Content: Planning, Research, Oral History, Multi - Medias, Public Exhibit Products * Action and Outcome(s): Workshops, Commemorating Events and Articles Presented * Replication: Model for Alaska History - Website Archive Interactive Technology * Audience Response: Plan Action Developed: - Workshop Participant Audience Reviews * Strengths and Weaknesses: Accomplishments, Delays, Rescheduled, Barriers Resolutions * Independent Project Evaluation: Alaska School District s: Alaska History Teachers - students / Museum Directors PROJECT PHASE I: PLANNING BUDGET *$5,000 - * *$10,00 * excluding * *including in - kind value of volunteer time * Grant Request Funds $1,500 - $2,500 * Cost Share $2,500 - $3,500 1. IN -KIND SUPPORT * Project Phase I: Sponsor: City of Seward /Museum / Library / ( *pending city council resolution approval) * Project Planning Team: Humanities Scholars and Traditional Bearers * Project Directors: Planning, Administration, Public Affairs * In -State In -Kind Cost: Travel for Project Humanities Scholars Nord * In -State In -Kind Cost: Travel Per Diem for Project Humanities Scholars * Public Awareness and Participation Announcements ** Correspondence and Announcement Releases ** Sponsoring Community Public Facility - Workshop Conferences - Seminars * * *e.g. schools, libraries, museums, council chambers, civic organizations 2. CASH SUPPORT * Historic Inventory Documents Excerpts Publication - HEARS Website Archive Interactive Technology ** Alaska Jujiro Wada Memorial Association - HEARS Website Administration * Traditional Bearer In -State Per -Diem / Support Contribution Hosts ** Alaska Jujiro Wada Memorial Association - Membership Hosts and Sponsorships * BUDGET NARRATIVE - Phase l: Planning and Development of Project Total / AHF Mini - Grant / In - Kind Match * Provide Travel for Historic Archive Traditional Bearer from Japan $1500 / $750 / $ 750 * Construct Interactive Historic Archive Gathering Website $1700 / $800 / $ 900 * Project Planning Workshops and Community PAPA Conferences $1700 / $ -0- / $1700 . $4900 /$1550 / $3350 88 V:* w` ' ', ' --- , ' , _ : , 4, ' s -.'-'' ' ' '' 1„„, It ,..,,,,.,;'-k,15,0411,,,,,(4,,.',,,..,,,,,,,,,—,i" ,,,,,,,,,..,,,,,::::,,,,,I,..,,, ,1‘, ` ' s :; `' x 4 1//x , ° 5; v '' 7 r a t � w ," i � '' '`!\ � �* � emu w..,. Gt ' a Organizing Directors - Professor Edgar Blatchford - Mr. Keizo Sugimoto - Professor Anthony T. Nakozawa - Professor Hiroyuki Matsuura - Mr. Keizo Funatsu ALASKA JUJIRO WADA MEMORIAL ASSOCIATION H c P.O. Box 140732 Anchorage. AK 99514 (907) 980 -8009 2010alaskaimsmtour @gmaiL com JAPAN MARATHONERS TRADE DELEGATION - JMTD - 7 DAY TRADE MISSION September 4, 2010 - September 11, 2010 9/4 Departs Japan via JAL direct charter to ANCHORAGE 18:30 PM OSAKA DEPART -ANCH ARRV 9 AM 9/4 Arrives from Japan to Anchorage Arrives in AM 9 AM booked direct to Anch - on to Seward - Option SAT OR 1 Night 9/4 Overnights in Anchorage and take next day 9/5 train 9/4 Afternoon Tour Museum / Ak Native Heritage Entourage Option to Seward or to Fairbanks Tour Entourage 9/5 Takes ARR Coastal Classic - Anch - SEWARD $75 1 /way LVS ANCH 6:45 AM - ARRV SEWARD 11:45 AM 2 Nights 7 SUN 9/5 JMTD Conference - 1/2 day Seminar (2 -3) hr: 2 PM 5 PM Seward, Kenai Borough, Trailblazers, Merchants Seward Reception for JMTD 6:30 PM 8:30 PM 9/6 Jujiro Wada Marathon Memorial Invitational Labor Day AM Ribbon Cutting MON Seward Iditarod Historic Trailhead Marathon Labor Day AM _ PM 9/7 Departs Seward - To Anchorage: Drive Car 8:30 AM Arrvs Anch 11:30 AM /7 Departs Anchorage - to FAIRBANKS: $138 1 /way Flight 187 1:10 PM Arrvs Fbks 2 :10 PM 2 Nights TUES Check -In / 3 PM RCN - Equinox Bib - Spaghetti Feed (5pm - 8pm) 6 PM 8 PM 9/8 JMTD Conference - 1/2 day Seminar :( 11 am - 3 pm) Fairbanks, Whitehorse, Skagway, Barrow WED ** JMTD Reception Luncheon Seminar Marathon Organizations and Running Clubs ** Afternoon / Evening Tours Fairbanks / Interior 9/9 Departs Fairbanks - To NOME $310 1 /way Flight 182 9 AM Arrvs Nome 12:34 PM 1 Night THUR 9/9 Nome Reception for JMTD 6:30 PM 8:30 PM OR / pending JMTD schedule confirmat 9/9 Departs Fairbanks for Japan via JAL JAL Charter Pickup of 9/4 passengers Picks up Tour Entourage Bookings 9/10 JMTD Conference - 1/2 day Seminar: (11:30 AM - 3:30 PM) FRI * *JMTD Meets with Nome Council - Running Clubs Present JWMMI for Nome March 2011 * *Nome Jujiro Wada Marathon Memorial Invitational March 2011 - During Iditarod Race 9/10 Departs Nome - To ANCHORAGE: $221 1 /way Flight 151 Lvs 9:55 AM Arrvs Anch 11:23 AM 1 Night * *Late Morning -Early Afternoon Tour 9/11 JMTD Conference - 1/2 day Seminar: (11 am - 3 pm) Anchorage, Valley, Statewide - Agencies SAT ** SATURDAY JMTD Reception Luncheon Seminar Marathon Organizations and Running Clubs ** Afternoon / Evening Tours Anchorage 9/11 OR 9112 Departs Anchorage - Seattle - to Japan PM Arrvs Japan PM SUNDAY * * ** OCTOBER 2010 - Alaska Marathon Communities Trade Mission to Japan - pending reciprocate visit scheduling 41.'W 4 k'a&, \i.r4.4..i,%;44**W4 Nt � ," �I tt?tt: E..9� t Ys SY q. Organizing Directors - Professor Edgar Blatchford - Mr. Keizo Sugimoto •• Professor Anthony T. Nokazawa Professor Hiroyuki Matsuura - Mr. Keizo Funatsu ALASKA JUJIRO WADA MEMORIAL ASSOCIATION "P` P.D. Box 140732 Anchorage. AK 99514 (907)980-8009 2010oIaskaimsmtour @gmail.com Willard Dunham, Mayor and, Members of the Seward City Council City of Seward P.O. Box 167 Seward, AK 99664 March 19, 2010 Dear Mayor Dunham and Council Members, Thank you, so much, to you, the Council Members and community, for the evening reception for the Jujiro Wada Memorial Association delegation from Japan. The evening reception in Seward, with a great turnout by so many of the community, was the highlight of the delegation's visit. The reception welcoming was excellent and the proclamation presentation particularly heartwarming, especially as it was delivered in Japanese by one of Seward's former exchange student. The Japan Jujiro Wada Memorial Association delegates expressed that they were greatly ,q impressed by the so many remarks of support and very appreciative with the Seward City Council's Proclamation. . Before returning to Japan, Ms. Doi, expressed again her thank you, and that Ms. Doi will be meeting with her Matsuyama City Mayor, and report up on Seward's strong desire to promote tourism and grow travel trade between Seward and Matsuyama, and establish a city to city friendship relationship. The delegation also said, in farewell, that they will encourage others at home to visit Seward, as well as, the so many other Alaska communities that Jujiro Wada traveled to. Before departing, the interpreter again translated the discussions and suggestions held, for a city -to -city friendship letter from the Mayor and Seward City Council, to Ms. Doi and Matsuyama City Mayor Nakamura, regarding the Japan trade mission visiting in September, then, in October, an Alaska trade mission visiting Japan. In follow up to the Mayor and City of Seward invitation for the delegation to return again, the Jujiro Wada Memorial Association is very grateful and stands ready to assist in the proposed Seward sponsored Labor Day inaugural marathon event, along the Iditarod Historic Trailhead path, commemorating Jujiro Wada. The Alaska Jujiro Wada Memorial Association would assist with travel guide interpreters, coordination of air and ground travel, and adjust its memorial tour activities so as to place the Seward Labor Day event as the center piece. As such, the expectation is that several score or hundred more would travel on the ARR Coastal Classic to Seward to attend the Labor Day inaugural marathon event. In Japanese culture this is also a annual time of harvest celebration. With this now as the center event, a previously planned trade mission from Japan is being rescheduled around the September Labor Day week. A copy of the, tentative - but looking firm, September travel itinerary for the Japan Marathoners Trade Mission delegation is attached. Ms. Doi has been invited to co -chair the trade mission, along with Mr. Chosa, President, Association of International Marathons and Distance Races, and Matsuyama City Mayor Nakamura, as well as, others representing major Japan marathon event organizations and running clubs. C i� Mayor Willard Dunham Members of the Seward City Council March 19, 2010 Along with the Seward Labor Day event, working with Seward, the Japan trade mission wishes to schedule a half -day conference seminar, for meeting with city leaders, businesses, and community organizations, to hear of exchange opportunities for travel trade and tourism niche market promotion of marathon and sport events; the role of international sports standards and sanctions that improve the rating of travel destinations; exchange presentations of the community scenic, historical, and attraction venues; sharing the quality of community attributes and accommodations; and steps for establishing stronger city -to -city friendship and economic relations. Economics Professor Nakazawa, from the University of Alaska Fairbanks - Cooperative Extension Service, would assist and moderate the conference seminar. To support the trade mission from Japan, a DCCED Commissioner's discretionary grant to the City of Seward is possible. A five thousand dollar ($5,000) discretionary grant would be budgeted for the trade mission air fare travel costs. The budget would provide air travel for the travel missions the five (5) executive group, of the ten (10) trade mission delegates. Of the other five (5) delegates, these delegates, or their sponsors, will provide for their own air travel and accommodation costs. The City of Seward is qualified to administer this type of grant, and, the Jujiro Wada Memorial Association is not set up to directly administer grants from the State. However, the Jujiro Wada Memorial Association, with supporting sponsors and grant foundations, will provide other significant matches to material costs of the Japan trade mission visit. Working together with the city staff, a draft of the proposal for the discretionary grant would be prepared for the City Mayor and City Council consideration for submission to the Commissioner of the State Department of Commerce, Community Economic Development. Grant approval of the Council and the Commissioner will assure timely air travel confirmations for the trade mission executive group, and allow planning to proceed expediently with in -state arrangements. Jim Sinnett, retired State Program Development Officer, and Professor Nakazawa have volunteered their time to assist with this effort. We will keep your staff informed as organizing for the September trade mission visit moves along. This is a great opportunity to work together in directly promoting city -to -city tourism from Japan, and we all look forward to repeating again a reception to be remembered by our visitors from Japan. Again, thank you, for making the reception a success and warm welcome for the Jujiro Wada Memorial Association. Best regards, Professor Edgar Blatchford, Chair Alaska Jujiro Wada Memorial Association Organizing Directors Organizing Directors - Professor Edgar Blatchford - Mr. Keizo Sugimoto - Professor Anthony T. Nakazawa - Professor Hiroyuki Matsuura - Mr. Keizo Funatsu ALASKA JUJIRO WADA MEMORIAL ASSOCIATION N°(' P.O. Box 140732 Anchorage. AK 99514 (907) 980 -8009 2010alaskaimsmtour @gmaiLcom v City of Seward, Alaska ,o f sF City of Seward 1963 1965 2005 ' '4 P.O.Box167 , Seward, Alaska 99664 -0167 AII•Americe City 1 4A50 Main Office (907) 224 -4050 le,..4001 Facsimile (907) 224 -4038 April 6, 2010 DO4C)4j.1005e6 Honorable Mayor Tokihuro Nakamura Matsuyama City Hall A 7 -2 Nibanchou- 4choume , V Matsuyama city, Ehime, 790 -8571 Japan 4 Dear Honorable Mayor Nakamura; Vv It was a pleasure to have met the Jujiro Wada Memorial Association delegation while they visited Alaska this past March. We hope they had a great visit and it was our pleasure to meet and greet them. Seward, Alaska is Mile 0 of the Iditarod Trail that was blazed by settlers and pioneers Jujiro Wada and Alfred Lowell. We have a section in our museum dedicated towards these early adventurers. Through the Alaska Jujiro Wada Memorial Association, we are willing to establish the Jujiro Wada Memorial Invitational run for the marathon enthusiasts as an addition to their itinerary after their long travel across the Pacific and before they embark on longer distance races around the state. We would be delighted if a delegation of leaders and marathon enthusiasts could visit sftlid Alaska this September, 2010 and again in the summer of 2011. This would be a unique opportunity for travel exchange, long distance running and adventure experience for your delegation. The Japan Jujiro Wada Memorial Association would have beautiful video footage, along with illustrating the adventurous pioneering spirit of the late Jujiro Wada to take back and share with your country. On behalf of the citizens of Seward, Alaska and in conjunction with other Alaskan communities and hosts, please accept our invitation to visit and lead a tourism trade delegation of Japan's marathoners and running clubs to Alaska to participate and compete in some of our state's most prestigious long- distance races. We like the idea of having a tourism trade delegation visit and exchanging ideas that will be a benefit to both of us. Enclosed are some brochures of Seward and the Iditarod Trail for your information. We look forward to your reply. Sincerely, Willard E. Dunham Mayor, City of Seward, Alaska NotiO 0 fro City of Seward, Alaska City of Seward 1963 1965 2005 P.O. Box 167 krentA Seward, Alaska 99664 -0167 a P All - America City Main Office (907) 224 -4050 Facsimile (907) 224 -4038 April 6, 2010 (/`• Honorable Mr. Hiroaki Chosa (Fukuoka), Association of International Marathons and d Distance Races (CI` .� ✓ 1 -1 -1 Jinnan, Shibuya -ku (� Tokyo 150 -8050 Japan 4 Dear Honorable Mr. Chosa; " a It was a pleasure to have met the Jujiro Wada Memorial Association delegation while they visited Alaska this past March. We hope they had a great visit and it was our pleasure to meet and greet them. I would be delighted to join my Alaskan colleagues and invite you and a delegation of event leaders and marathon enthusiasts, to visit Alaska this September, 2010 and again in the summer of 2011. This would be a unique opportunity for travel exchange, long distance running and adventure experience for your delegation. Your association would have beautiful video footage, along with illustrating the adventurous pioneering spirit of the late Jujiro Wada to take back and share with your country. The City of Seward looks forward to establishing the Jujiro Wada Memorial Invitational run in commemoration of this great Japanese pioneer and adventurer who assisted us in the blazing of the Great Iditarod Trail. Since the Seward Commercial Company hired Mr. Wada, and Seward is Mile 0 of the Iditarod Trail, we feel holding a small run in our community for your marathon enthusiasts when they get here, would be a nice addition to their itinerary after their long travel across the Pacific and before they embark on longer distance races around the state. On behalf of the citizens of Seward, Alaska and in conjunction with other Alaskan communities and hosts, please accept our invitation to visit and lead a tourism trade delegation of Japan's marathoners and running clubs to Alaska to participate and compete in some of our state's most prestigious long- distance races. We have attached some brochures for your information and look forward to your reply. Sincerely, Willard E. Dunham Mayor, City of Seward, Alaska 93 Sponsored by: Clerk Nftrd CITY OF SEWARD, ALASKA RESOLUTION 2010 -032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, CHANGING THE TITLE ON A JOB DESCRIPTION FROM ASSISTANT CITY CLERK TO DEPUTY CITY CLERK TO REFLECT THE HIRING AND APPROVAL PROVISIONS APPLICABLE TO THAT POSITION IN THE CITY CODE AND AFFIRMING JOHANNA DOLLERHIDE AS THE DEPUTY CITY CLERK WHEREAS, a situation ensued that resulted in Resolution 1998 -044 reclassifying the deputy city clerk position from a Range 18 to a Range 14 and changed the title to assistant city clerk; and WHEREAS, since then, workloads and demands have increased, pay scale ranges have been readjusted, job descriptions for this position were updated, progressive steps and professional development requirements were added; and WHEREAS, most "second in command" city clerks are referred to as deputy city clerks; and WHEREAS, the provision for hiring and approval are still applicable in SCC 2.20.045 (10) which states and requires any person hired in that position to be approved by a majority vote of the city council; and WHEREAS, this change only affects the job title and does not affect present day wages or duties in any way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council authorizes the title of the job description of the Assistant City Clerk to be changed to Deputy City Clerk, with all ranges and progressive requirements to remain the same. Section 2. The Council authorizes the city clerk to amend the job description for the deputy clerk to reflect the hiring and approval provisions applicable to that position in the City Code. Section 3. The Seward City Council approves Johanna Dollerhide as the Deputy City Clerk. Section 4. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 12`" day of April, 2010. Nosil Council Agenda Statement Meeting Date: April 12, 2010 of set 41111. To: Mayor Dunham, City Council Members u' �': �' From: Jean Lewis, City Cler vOv 4 �ASK P Agenda Item: Change job title from Assistant City Clerk to Deputy City Clerk BACKGROUND & JUSTIFICATION: A request to change the job title of the Assistant City Clerk to Deputy City Clerk was brought to my attention some time ago. This position was a "Deputy" City Clerk position through 1998, when at that time, then City Clerk Linda Murphy took away duties and asked the council to downgrade the position to "Assistant" City Clerk which resulted in a reduction of salary costs at that time. The entry level hourly wage changed from $16.91 /hr to $13.88/hr. Fast forward to 2010; workloads increased, pay scale ranges have been readjusted, job descriptions for this position have changed, progressive steps and professional development requirements were added, and this position today begins at a Range 12 and can progress to a Range 15 with an entry level hourly wage of $17.69/hr. 6 , Since this change only affects the job title, and does NOT affect or changes wages or duties in any way, my research first indicated that this may be a simple housekeeping matter or job title change until I found 2.20.045 (10). This portion of the city code states; The city clerk has the power to appoint deputies, provided all deputies shall be approved by a majority vote of the council. This shows the hiring and approval provisions for this change are still reflected in our city code. Most "second in command" city clerks and department heads around the state are called "Deputies." INTENT: To change the job title on the job description of the Assistant City Clerk back to Deputy Clerk. CONSISTENCY CHECKLIST: Where applicable, this resolution/ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: ATTORNEY REVIEW: Yes. Reviewed by the Personnel Director and the City's Personnel Attorney Rob Johnson. FISCAL NOTE: No impact. Approved by Finance Department: Shaw RECOMMENDATION: Approve Resolution 2010 -032, allowing the city clerk to change the title on the job description of the Assistant city clerk to Deputy city clerk, and approving Johanna Dollerhide as the Deputy City Clerk. 95 City of Seward Job Description ' , st „ Job Title: Deputy City Clerk J gLASY,P Range: 12 to 15, Progressive Salary: Department: Clerk Approved by: Reports to: City Clerk Date: Supervises: N/A Position: Regular, Full -Time Summary: Under minimal direction and supervision of the City Clerk, is City Records Manager, composes complex documents such as resolutions and ordinances, issues licenses and permits, assists with coordinating municipal, borough, and state elections, and responds to inquiries from the general public, employees, department heads, city manager and the City Council. This position is to be filled by appointment by the clerk and is subject to approval by the city council. Essential Duties and Responsibilities: As Records Manager, maintains computerized indexing systems for active, transient and archival city documents. Monitors execution of records retention schedule to insure legal retention schedule is adhered to for all city documents. Researches public document requests, evaluates for confidentiality, and forwards requested material to the public, employees and the City Council in a timely matter. Reviews business, vehicles for hire, lodging, and cemetery permit and license applications and follows up on delinquent or non - compliant applications. Makes travel arrangements for the City Clerk, Mayor and City Council, and completes travel expense reports prior to forwarding them to the finance department. Coordinates City Council Chambers and City Hall conference room reservations and assures that it is prepared appropriately for meetings. Attends City Council Meetings and composes minutes of the meetings, as needed. Assists City Clerk in assembling agenda packets for City Council Meetings, including coordinating with Department Heads on agenda statements, resolutions and ordinances. Received: Approved: Employee: Dept Head Personnel City Manager Deputy City Clerk Job Description Page 2 Composes agenda statements, resolutions, ordinances, and proclamations as needed. Assists City Clerk with assuring that public meeting notices meet legal requirements. .• Performs secretarial and related work in a confidential capacity, including receiving and screening telephone calls, e-mail, correspondence, and visitors for the City Clerk, Mayor and Council and maintaining a directory of municipal and political contacts. Performs Notary Public services to the staff and public. Orders office equipment and supplies, processes accounts payable and receivable and monitors budget for the Clerk's Office. Performs front -line counter work receiving and processing a variety of documents. Must have the ability to deal with customer complaints inquiries by providing an explanation of city policy on a wide variety of topics. Assists the City Clerk with the Emergency Operations Center (EOC) during emergencies; provides designated services described in the city emergency plan. Under direction of the City Clerk, coordinates city, borough, and state general and special elections. This includes ability to train election workers for city elections, coordinate with borough and state election workers, and ensures that elections are run properly in order withstand legal challenges. Performs other related duties as assigned. Supervisory Responsibilities: This position assists in training, delegating to, and monitoring work assignments of the Office Assistant or temporary employees, including election workers, but does not assume primary supervisory responsibility. Qualification Requirements: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and /or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education and /or Experience: Completion of a Bachelor's Degree, or an Associates degree plus 4 years office experience, or 6 years office experience of progressively responsible office administration duties. Work experience must include documented word processing skills, organizational skills, and excellent written and verbal communication skills. Progressive Development Plan: Each year on the employee's anniversary date, the employee will be evaluated not only on his /her performance, but also on professional development. The city clerk shall determine if the employee has received the required training and experience to allow for him /her to advance from a range 12 to a range 13, then from a range 13 to a range 14 and then from a range 14 to a rangel 5, remaining at the same step. To progress to a range 13 requires 5 Deputy City Clerk Job Description Page 3 the employee to have attained a first year's certification with the Municipal Clerk's Institute. To progress to a range 14 requires the employee to have attained a second year's certification with the Municipal Clerk's Institute. To progress to a range 15 requires the employee to have attained a third year's certification with the Municipal Clerk's Institute. After the employee reaches a range 15 he /she shall remain at that range and receive annual step increases, if earned, in the regular sequence. If it is determined that the employee has not progressed to the next level, but has shown above satisfactory performance, he /she will be granted the regular one step increase. Language Skills: Ability to read and write English and to comprehend complex instructions, general correspondence and memoranda. Ability to compose general correspondence, including meeting minutes, reports and business letters, and resolutions and ordinances. Ability to effectively present information and to a mass audience, particularly when dealing with elections and public emergencies, and the ability to effectively communicate with other employees, managers, business license and permit customers and the general public. Mathematical Skills: Ability to add, subtract, multiply, and divide, using whole numbers, common fractions, and decimals. Ability to apply concepts such as fractions, percentages, ratios and proportions to practical situations. Reasoning Ability: Ability to define problems, collect data, establish facts, and draw valid conclusions. Ability to interpret a variety of technical instructions and deal with concrete and abstract variables. Physical Demands: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit, talk, listen, stand, walk, use hands to finger, handle or feel objects, tools or controls, reach with hands and arms, stoop, kneel, crouch, or crawl, and travel up and down stairs. The employee must occasionally lift and /or move up to 25 pounds. Specific vision abilities required by this job include close vision, color vision, peripheral vision and depth perception. Public Relations: Public relations will be an integral part of each employee's job. Employees will be courteous, helpful and conduct themselves in a manner which is appropriate for an employee in public service. Must have ability to remain calm in stressful situations, particularly during elections and times of public emergencies. Work Environment: C. Deputy City Clerk Job Description Page 4 The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable `°,`, accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. ADMINISTRATION \ 2.20.045 2.20.040. City attorney.* The position of city attorney is hereby established and the individual appointed by council shall have the following duties: (1) He shall advise the council and the city manager, and boards, commissions and all offices and departments of the city, on all matters of law. (2) He shall draft and assist in the drafting of all ordinances, resolutions, contracts and agreements to be made or entered into by the city, and approve the form of such instruments. (3) He shall prosecute violators of this code and other city ordinances and shall represent the city in all actions of law. (4) He shall perform the duties as set forth in the charter. (5) He shall perform such other duties as may be required of him by the city manager or the city council. (Ord. 483, § 1(part), 1980) 7A 1/1" 2.20.045. City clerk.t The position of city clerk is hereby established and the individual appointed by council shall have the following duties: (1) He shall be the clerk of the council, shall attend all meetings of the council and shall keep a record of its proceedings. (2) He shall keep all ordinances, resolutions, contracts and agreements of the city and authenticate such records as shall be necessary. (3) He shall publish ordinances, resolutions and other legal notices as required. (4) He shall administer all city elections and maintain related records. (5) He shall keep informed of all matters pending before the council and other bodies as council may require. (6) He shall keep and maintain appropriate files and records for the accomplishment of his duties. (7) He shall attest to the city manager's signature on all contracts, except as otherwise provided herein, as approved by the council. (8) He shall administer all oaths required by law. (9) He shall be custodian of the city seal and the official records of the city. (10) He shall have the power to appoint deputies, if needed, provided that the appointmen of all deputies shall be approved by a majority vote of the council. *Charter reference —See charter § 5.6 for provisions on the city attorney. tCharter references —See charter § 5.5 for provisions on the city clerk; see § 2.10.095 as to the clerk's responsibility for processing council mail. Niaid Supplement No. 06 -1 2 -23 a a Sponsored by: Gifford/Reilly CITY OF SEWARD, ALASKA RESOLUTION NO. 98-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECLASSIFYING THE DEPUTY CITY CLERK POSITION FROM A RANGE 18 TO A RANGE 14, AND CHANGING THE TITLE TO ASSISTANT CITY CLERK WHEREAS, during the fiscal year 1998 budget process the Council approved downgrading the Deputy City Clerk position to an Assistant City Clerk position; and WHEREAS, this downgrading will result in adjusting the salary from a Range 18 ($16.91/hr to $21.11/hr) to a Range 14 ($13.88/hr to $17.33/hr); and WHEREAS, this change will save $12,353 in personnel costs; and WHEREAS, there is currently a vacancy in this position, and this presents the opportunity to implement this change; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby approves Resolution No. 98 -044, reclassifying the Deputy City Clerk position from a Range 18 to a Range 14 and changing the title to Assistant City Clerk. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 27th day of April, 1998. THE CITY OF SEWARD, ALASKA 4ieC/' k Lowell R. Satin, Mayor sr I CITY OF SEWARD, ALASKA RESOLUTION NO. 98-044 'tor) AYES: Blatchford, Callahan, Clark, Gage, King, Satin NOES: None ABSENT: On ABSTAIN: None ATTEST: Patrick Reilly ✓ City Clerk . c r y °Rc ,• . . j • S�" )® 1 �5,w ♦ 4 • , C 7? Sponsored by: Mayor Dunham loin CITY OF SEWARD, ALASKA RESOLUTION 2010 -033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA IN SUPPORT OF THE GREATER RAILBELT ENERGY AND TRANSMISSION CORPORATION (GRETC) AND HOUSE BILL 182 AND SENATE BILL 143 WHEREAS, the City of Seward recognizes that access to low cost electrical energy and robust electric transmission facilities contribute greatly to the economic well -being of the community; and WHEREAS, the formation of the Greater Railbelt Energy and Transmission Commission (GRETC) will play an important role in Alaska's electrical energy future; and WHEREAS, GRETC will benefit the economic well -being of Seward by permitting Railbelt utilities to achieve greater economies of scale in electrical energy production and operations; and WHEREAS, GRETC, as primary recipient of state funds, will benefit the economic well- being of the Seward area by giving Railbelt ratepayers access to lower cost electrical energy production and transmission facilities; and WHEREAS, the membership in GRETC will be voluntary on the part of the six Railbelt utilities of Anchorage Municipal Light and Power, Chugach Electric Association, the City of Seward, Golden Valley Electric Association, Homer Electric Association, and Matanuska Electric Association; and WHEREAS, Seward ratepayer interests will be protected by a City of Seward board member and CEO, who sit on the GRETC Board, and rates will be economically regulated, for the first five - years, by the Regulatory Commission of Alaska; and WHEREAS, the City of Seward supports the GRETC legislation, in a substantive manner; and WHEREAS, as of April 2, 2010, both bills have moved out of two legislative committees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward call upon the Alaska Legislature to approve and Governor Parnell to sign legislation, substantively in form, authorizing the establishment of the Greater Railbelt Energy and Transmission Corporation (GRETC) for the betterment of Alaska's electrical energy future and the Railbelt's economic well- being. 103 CITY OF SEWARD, ALASKA RESOLUTION 2010 -033 Nturid Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12 day of April, 2010. THE CITY OF SEWARD, ALASKA Jean Bardarson, Vice -Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 104 Agenda Statement Meeting Date: April 12, 2010 en 4a set 9 , p To: Mayor Dunham, City Council Members From: Jean Lewis, City 4 tv - :1 SK p' Agenda Item: Resolution 2010 -033, Further Offering Support Of The Greater Railbelt Energy And Transmission Corporation (GRETC) BACKGROUND & JUSTIFICATION: On November 24, 2010, Council passed Resolution 2009- 133, supporting the GRETC model and along with Chugach Electric Association and Matanuska Electric Association encouraged other Railbelt utilities to join this effort. Since this time, Anchorage Municipal Light and Power, Golden Valley Electric Association, and Homer Electric Association have joined in support of this project. As of April 2, 2010 and as the legislature is currently convening, both House Bill 182 and Senate Bill 143 have moved out of two legislative committees. This resolution further emphasizes the City of Seward's support for this project and calls upon the Alaska Legislature and Governor to approve and sign this legislation. INTENT: The City of Seward will confirm their support for the GRETC concept. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: FISCAL NOTE: lilac ‘ '„ Y , Par. - t5 Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: The City Council pass resolution 2010 -033, showing further support for GRETC and encouraging the Alaska Legislature and the Governor to approve this legislation, which would authorize the establishment of GRETC for the betterment of Seward and Alaska's electrical energy future and the Railbelt's economic well- being. 1 ) Sponsored by: Mayor Dunham CITY OF SEWARD, ALASKA RESOLUTION 2010 -034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, OPPOSING "AN INITIATIVE CREATING AN ALASKA ANTI- CORRUPTION ACT," WHICH WILL BE ON THE 2010 ALASKA PRIMARY ELECTION BALLOT WHEREAS, there has been a move to place this initiative on ballots across the United States; and WHEREAS, this state -wide initiative will be on the August 24, 2010 primary election ballot; and WHEREAS, we believe this initiative takes away the rights of Alaska municipalities and their ability to effectively lobby their state and /or federal representatives; and WHEREAS, there are at least 34 municipalities and boroughs that utilize state representation to correspond with their state government; and Ned WHEREAS, prohibiting local government officials and others named in the initiative, from directly or indirectly from using, directing, permitting, receiving, or facilitating the use of tax revenues for campaigning, lobbying, or partisan purposes would result in local government officials being unable to weigh in on the very important issues that they are elected by their communities to move forward; and WHEREAS, this initiative also tramples on "First Amendment Rights" that would specifically target organizations that advocate on and with government issues by taking away their right to lobby and/or take positions with regards to upcoming legislation that may affect them and their ability to operate in a manner set forth by their constituents and /or members; and WHEREAS, according to media reports, this initiative has been instigated and funded by a man from New York City who is behind similar initiatives in at least three to five other states; and WHEREAS, this initiative has passed in only one of those states (Colorado) three years ago and was just recently struck down as unconstitutional; and WHEREAS, the term "anti- corruption" is a very misleading term used by the proponents of the initiative, as in reality it is a basic attack on our Constitutional rights of free speech and our right to petition our government for redress; and I G 6 CITY OF SEWARD, ALASKA RESOLUTION 2010 -034 WHEREAS, the City of Seward depends on a close working relationship with the state legislature for all its programs, projects and funding requests; and WHEREAS, this initiative would seriously disrupt that relationship, to the detriment of all Alaskans, and would seriously infringe upon the citizens' right to communicate with their elected officials; and WHEREAS, this initiative has deep underlying threads that affect business directly or indirectly for: non - profits, local government contractors, municipalities, union organizations, school boards, affiliates, teachers, police, firefighters, businesses with public contracts, shelters, food banks, clubs and other public officials and employees; and WHEREAS, Alaska's recent corruption issues did not involve the campaign finance structure and this initiative would NOT have prohibited legislators from taking cash bribes; and WHEREAS, contrary to what it implies, this initiative does nothing to fight corruption, but infringes citizens' rights to partake in the government process by silencing Alaskans and taking away their ability to take part in communications, lobbying activity, supporting or opposing legislation or opposing or supporting a petition drive or ballot question. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council stands strongly opposed to the Initiative Creating an Alaska Anti - Corruption Act and urges citizens to read this initiative carefully, send a strong message, and vote NO on August 24, 2010. Section 2. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 12 day of April, 2010. THE CITY OF SEWARD, ALASKA Jean Bardarson, Vice -Mayor 1 0! Council Agenda Statement Meeting Date: April 12, 2010 of s ett. To Mayor Dunham, City Council Members ��o From: Jean Lewis, City Clerk (.11 Agenda Item: Oppose the Anti - Corruption Initiative BACKGROUND & JUSTIFICATION: On the Alaska Primary Ballot on August 24, 2010, will be an initiative called the "Anti- Corruption Initiative" or referred to as the "Gag Law." This state -wide initiative came to the City's attention through the Alaska Municipal League. Attached is the actual initiative language and various information found from the Anchorage Press, the Alaska Municipal League, and the Division of Elections websites. The name of the initiative is misleading. The proposed law would have little effect or no effect on corruption of elected officials but could seriously harm the ability of the City to seek legislative action for the people of Seward. If the City of Seward wished to expend public funds to influence the outcome of an election, it would first need to appropriate the money for that use via passage of a non -code ordinance. Then the city Nod would keep track of those expenditures and report on either form 15 -5 or 15 -6 to APOC. Alaska Statute AS 15.13.145 is the citation that states; "a municipality may not use money to influence the outcome of an election concerning a ballot proposition unless the funds have been specifically appropriated for that purpose by the elected body." 2 AAC 50.356 and 2 AAC 50.360 allow for municipalities to seek budgeted municipal funds to influence the outcome of an election, appropriate funds if the education process may influence the outcome of an election, and require registering and reporting under AS 14.13.040 and AS 15.13.050. INTENT: To oppose this statewide initiative. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: ATTORNEY REVIEW: Yes C= 3 FISCAL NOTE: No funds expended at this time. Possibly later, if a non -code ordinance is approved expending funds to influence the outcome of an election for this purpose. The city would then be required to report expenditures as required by law. Approved by Finance Department: eX42.*:=°4/1-4-4 RECOMMENDATION: Show the City of Seward strongly opposes this anti - corruption initiative and recommends citizens vote NO on August 24, 2010. 1 U 9 Alaska Municipal League • Pa e 1 of,2 ,.In �nn� �anl� A�wll. Ak CsAUt�1C1PAl - ii � �,�� �� a. ' to LEAGUE Q } Ata ska Conference e of .l ay ors v "-� ' About Us Services " Legislative ° Affiliates Contact Us STOP THE GAG LAW Our First Amendment Rights Are Under Attack! 41 41 / 1/56 Alaska Municipal League opposes this ballot initiative, 1 TENO on the Gag Law in the August Primary Election! V Read the Ballot AML Resolution Department of Law Legislative Affairs Letter from Initiative 2010 -08 Legal Opinion Legal Opinion Lt. Governor Outside Money Buying Access To Our Ballot A New York millionaire has submitted and funded an initiative that will be on Alaska's August 24 primary ballot. He refers to it as the "Anti- Corruption Initiative." It has nothing to do with stopping corruption; it simply silences the voices of individual Alaskans. Alaska is the 5th state that this Nod person has targeted. Silencing Alaskans This initiative will silence Alaskans across the State and in many career fields as to their ability to take part in communications, lobbying activity, supporting or opposing legislation or opposing or supporting a petition drive or ballot question. Those affected will be teachers, police, firefighters, Mayors, businesses with public contracts, leases, grants, non - profits (such as Boys & Girls Clubs, Women's Shelters, Food Banks), unions and all other public officials and employees. The Gag Law At this time, the initiative is entitled, "Anti- Corruption Initiative," and has not yet been assigned a Proposition Number. We are e currently calling it the "Gag Law." Help us stop this initiative from becoming law. � A good citizen is taught to take part in government and to utilize 4400., their "right" to address government officials. This takes that right `i away! �� Unconstitutional I ph The Alaska Attorney General states, in his opinion on the initiative, A - A that parts of it are likely unconstitutional. But that does not prevent .,:,. �,;,,. it from going to the voters! It is up to us to stop it at the polls. Nrd Anti Corruption? 11 1,1+... / /..,..,.., .,1,..,1 ....,.I,. .,.1,..../ Alaska Municipal League Page 2 of 2 The Sponsors have cynically called this the "Anti Corruption Act." When, in fact, none of the provisions outlined in this initiative would have stopped recent corruption in Alaska. This will only hurt honest Alaskans, and encourage more of this kind of behavior. VOTE 1 NO on the Gag Law! A service of the Alaska Municipal League. All rights reserved. II i httn- / /www akml nra /aaalwur/ p ph/Awn - fie, fie, A t� � • WebSAe- 07ANCO - "The Alaska Anti - Corruption Act." AG's File Number: 663 -08 -0057 Primary Sponsors: Scott A. Kohlhaas, Tonya A. Shuravloff, Robert Cliff Contact Information - (907) 278 -1094 Application was received in the Lieutenant Governor's Office on October 22, 2007. A copy of the application and signatures were sent to the Department of Law and Division of Elections on October 22, 2007. The Division of Elections determined that there were a sufficient number of sponsor signatures on November 1, 2007. The application was certified by the Lt. Governor on December 19, 2007. Petition booklets were issued to the initiative committee on December 21, 2007. The one year filing deadline for this petition is December 20, 2008. Since the 365th day falls on a Saturday, the deadline to file the petition is close of business on the next regular business day for the division, which is Monday, December 22, 2008. Petition booklets were submitted on March 20, 2008. Lieutenant Governor Parnell determined that the petition for this initiative was properly filed on May 15, 2008. This initiative will appear on the August 24, 2010 Primary Election. Click here for the 07ANCO proposed bill language as provided by the sponsors. In PDF 112 Fro +he D o l ,off AN CO AN INITIATIVE CREATING AN ALASKA ANTI- CORRUPTION ACT BE IT ENACTED BY TEIE PEOPLE OF THE STATE OF ALASKA: Section (1) The laws of Alaska are amended to create a section to read as follows: Public resources from any source not to be used or received to further any ocititical agenda (A) No public body, public officer, person in the employ of the state, any of its political subdivisions, any school district, or candidate for public office may, directly or indirectly, direct, permit, receive, require, or facilitate the use of tax revenues or any other public resources for campaign, lobbying, or partisan purposes, including payment of dues or membership fees of any kind to any person, league, or association which, directly or indirectly, engages in lobbying, campaigns, or partisan activity. No candidate, political committee, or political party may accept any contribution from any state, state agency, political subdivision of the state, foreign government, federal agency, or the federal government. A violation of this section is a Class A misdemeanor. (B) Any person who knowingly spends or receives funds in violation of this section shall pay full restitution for the greater of the public cost or for the market value of any misappropriated resources. The second or subsequent violation by a public officer or employee shall render that person ineligible to hold public office or employment with the state or any of its political subdivisions for ten years. (C) The provisions of this section do not limit public officials in the performance of their constitutional duties, and do not apply to: (1) Communications among and between a member and a staff member of a legislative body; (2) Comments by an elected official or communications from an elected official that are designated for constituents; (3) Appearances by a public officer or employee pursuant to a specific request to appear before a public body to provide information; (4) Communications between an elected or appointed public officer and a legislator or a legislative staff member; (5) A public employee acting in an uncompensated personal capacity, undirected in any manner by, and who does not purport to represent the interests of, a public employer; and Page 1 of 5 f 3. J (6) An authorized employee of the office of the Governor, the Supreme Court, or the Alaska Department of Revenue, whose responsibilities are to assess the impact of proposals which affect the administration of government. (D) Definitions. Terms as used in this section mean: (1) "Direct, permit, receive, require, or facilitate the use of tax revenues or any other public resources for campaign, lobbying, or partisan purposes ," includes (i) the use of public funds or credit, facilities, rights of access, equipment, supplies, or trademarks to influence any state, municipal, or school board election; (ii) undertaking, promoting, or distributing studies, surveys, analyses, descriptions, or other communications using public resources in a manner specifically calculated to induce support of, or opposition to, proposed legislation or ballot questions; and (iii) incurring any public administrative expenses or activities to allocate or designate portions of public employee income to entities that engage in lobbying activities, other than charitable organizations qualified as exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or the corresponding . section of any other future tax code. (2) "Campaign," includes (I) communications or expenditures related to the pursuit of a public office, either electoral or appointive; (ii) all lobbying activity; or (iii) efforts paid in whole or in part by public revenues or resources to coordinate or induce members of the general public or any segment thereof to directly influence legislative activity by communicating with members of a legislative body, supporting or opposing legislation, or supporting or opposing a petition drive or ballot question. (3) "Lobbying," means attempts to directly influence legislative activity by communication with any member or employee of a legislative body, or with any government official or employee who may participate in the formulation of legislation. (4) "Person," includes any individual, business entity, governmental entity, organization, committee, political party, campaign fund, and association. (5) "Public officer or person in the employ of," includes any person who is elected, appointed, or employed by this state, or any political subdivision or school district in . this state, including persons who are independent contractors or consultants hired by the state, a political subdivision, or school district in this state. (E) This section applies to the State of Alaska, home rule and general law municipalities, and state, independent and municipal school districts, and State, municipal and school district officers, agents, and employees. Section (2) The laws of Alaska are amended to create a section to read as follows: Restrictions to reduce corruption relating to certain public contracts. (A) No person may enter into a government contract if such person also employs, hires, or retains the services of a current or former legislator or legislative staff member who is less than two years removed from such public position. A person who knowingly violates Page 2 of 5 1 1 this prohibition is guilty of a class A misdemeanor and shall, in addition to other penalties, forfeit any contractual rights to any payment or reimbursement, and shall make restitution to the state in the amount of funds accrued during the period of violation. This subsection shall not apply to a bona fide position, trade, occupation, or profession in which a person engaged or obtained certification within one year prior to becoming a legislator or legislative staff member. (B) Beginning on the date a government contract is awarded and extending until two years following the conclusion of that contract, no holder of the public office with ultimate responsibility for the award of the contract, no candidate for that office, and no person acting on behalf of either may knowingly solicit, accept, or direct a contribution from the holder of the government contract or an immediate family member of the holder. No candidate or other person may knowingly acceptor make a contribution that is solicited or directed in violation of this subsection. A person who knowingly violates this prohibition is guilty of a class A misdemeanor and shall, in addition to other penalties, make full restitution to the donor and shall pay restitution in a like amount to the state. If the person . has previously been convicted of violating this prohibition, the person shall be ineligible to hold public office or employment with the state or any of its political subdivisions for two years, (C) Any person entering into a no -bid government contract awarded by the State or any of its subdivisions shall be considered a holder of a government contract and shall contractually agree to cease making, inducing, or soliciting contributions or independent expenditures, directly or indirectly, through any officer, employee, immediate family member of any officer or employee, vendor, or agent, to or for the benefit of any candidates for any elected office of the state or any of its political subdivisions, or to persons who intend to make such contributions within the state or any of its political subdivisions, for the duration of the contract and two years thereafter. The contractual agreement shall provide that any violation of this provision by the holder of the government contract shall, in addition to other legal consequences, result in forfeiture of any contractual rights to payment under the contract, and in payment of restitution to the state in an amount of not less than twice the amount of the contribution. Any person who knowingly violates this provision, or accepts contributions on behalf of a candidate or other entity in violation of this provision, shall pay restitution to the state in an amount not less than twice amount of the contribution. If the treasurer of any entity subject to such agreement obtains knowledge of a contribution made or accepted in violation thereof by that entity, then liability for the violation shall be also attributable to the treasurer unless the treasurer notifies the State of Alaska about the violation in writing within three business days of learning of such contribution. If a person has previously been determined responsible for violating this section, the person shall be ineligible to hold public office, any contract, or employment with the state or any of its political subdivisions for three years. The governor may temporarily suspend any debarment under this Subsection (C) during a declared state of emergency. (D) A violation of Subsection (C) may be established and enforced by the filing of an action in the Alaska Superior Court. This action may be initiated by the State, any municipality or school district, any private group or entity, or any member of the public. If an action to establish and enforce the provisions of Subsection (C) is filed by a person Page 3 of 5 1. i.. acting in a private capacity, or any other non - governmental group or entity, the claim may be prosecuted by the State or the person or entity initiating the action. Any government, group or entity that initiates an action pursuant to the subsection shall be immune from any claim or legal action for doing so. (E) Definitions. Terms as used in this section mean: (1) "Contribution," means a purchase, payment, promise or obligation to pay, loan or loan guarantee, deposit or gift of money, goods, or services for which a charge is ordinarily made and that is made for the purpose of influencing the nomination, election, or selection of a candidate for public office, either elective or appointive, or for the purpose of influencing an initiative, ballot proposition, or question, including payment to another person for the purpose of that person's influencing the nomination, election, or selection of a candidate for public office, either elective or appointive, or for the purpose of influencing an initiative, ballot proposition, or question. "Contribution" does not include personal services rendered without compensation by individuals volunteering all or part of their time for these purposes. (2) "Government contract," includes any contract awarded by an agency or department of this state or any public body receiving state subsidy or authorized to levy taxes, for the purchase of goods or services for amounts greater than five hundred dollars, indexed for inflation per the Consumer Price Index after the year 2010. A contract for services includes collective bargaining agreements with a labor organization representing employees but not employment contracts with individual employees; (3) "Holder of the government contract," includes any party to the contract, including Ntild partners, owners of five percent or more interest, officers, administrators or trustees of any person who is a party to the contract, or, in the case of collective bargaining . agreements, the labor organization and any political committees created or controlled by the labor organization; (4) "Holder of the public office with ultimate responsibility for the award of the contract," means any elected official who may award the contract or appoint an official responsible for awarding the contract, or any elected official of a public body where the contract is awarded by that public body; (5) "Immediate family member," includes any spouse, child, spouse's child, son- daughter-in-law, parent, sibling, grandparent, grandchild, step brother- sister, step- parent, parent -in -law, brother -in -law, sister -in- law, aunt, uncle, niece, nephew, guardian, and domestic partner; (6) "No -bid government contracts," includes all government contracts that do not use open, blind competitive bidding processes for procurement. Collective bargaining agreements qualify as no -bid government contracts if the contract confers an exclusive representative status to bind all employees to accept the terms and conditions of the contract; (7) "Person," includes any individual, business entity, governmental entity, organization, committee, political party, campaign fund, and association. Page 4 of 5 Ned r 6 .k. • (F) This section applies to the State of Alaska, home rule and general law municipalities, and state, independent and municipal school districts, and State, municipal and school district officers, agents, and employees. (0) Nothing in this section shall affect the right of the State to suspend, debar, or otherwise sanction government contractors as authorized by Title 36 of the Alaska Statues and implementing regulations. (H) The State of Alaska shall promptly publish a summary of each government contract in a searchable website accessible from a conspicuous place on its official website. Any holder of a government contract shall promptly prepare and deliver to the State of Alaska a true and correct "Government Contract Summary in digital format as prescribed b the State, which shall: by (1) identify the names and addresses ofthe holders and all other parties to the government contract, (2) briefly describe the nature of the contract, including wether the contract was awarded based on a competitive bidding procedure or was a contract awarded with no bid, and goods involved or services performed, (3) disclose the estimated duration and end date of the contract, (4) disclose the contract's estimated amount, and apportioned sources of payment, and (5) disclose other relevant contract information as specifically required by the State of Alaska, including verbatim copies of all contract documents, to the extent disclosure would not violate federal or other state laws. Section (3) Non - Applicability of Less Protective Laws If any provisions of the Alaska Statutes or the Alaska Administrative Code conflict with this Act and are less restrictive or less protective of the public interest than this Act, then this Act shall apply. Section (4) Severability The provisions ofthis Act are independent and severable, and if an applicability of yprovisionofthisAct, orthea pp ty any provision to any person or circumstance, shall be found to be invalid, the remainder of this Act shall not be affected and shall be given effect to the fullest extent practicable. Page 5 of 5 � ALASKA UNICIPAL LEAGUE 217 Second Street, Suite 200 • Juneau, Alaska 99801 Tel (907) 586 -1325 • Fax (907) 463 -5480 • www.akml.org :Uncial Conference of Mayors ALASKA MUNICIPAL LEAGUE RESOLUTION #2010 -08 A RESOLUTION BY THE ALASKA MUNICIPAL LEAGUE TAKING A STRONG POSITION AGAINST "AN INITIATIVE CREATING AN ALASKA ANTI - CORRUPTION ACT" (PROP 7), WHICH WILL BE PLACED ON THE 2010 PRIMARY ELECTION BALLOT WHEREAS, there has been a move to place this initiative on ballots across the United States; and WHEREAS, this initiative has been filed with the Lt. Governor's Office in Alaska and will be on the August 24, 2010 primary election ballot; and WHEREAS, the Alaska Municipal League believes that this initiative will take away the rights of Alaskan municipalities and their ability to effectively lobby their state and/or federal representatives; and WHEREAS, this initiative would basically close down or severely hamper all organizations that rely on dues that come directly or indirectly from tax revenues, to include, but not restricted to: • Alaska Municipal League • Union Organizations • All municipalities that use contract lobbyists • State of Alaska ARDORS (SWAMC, Southeast Conference, etc.) • Alaska Association of School Boards • NACo and NLC • All AML affiliates (ACoM (Mayors), AMMA (Managers), AAMC (Clerks), AAAO (Assessors), AFCA (Fire Chiefs), AGFOA (Finance Officers), AMAA (Attorneys) and others. WHEREAS, prohibiting local government officials (and others named in the initiative) from "directly or indirectly" from "using, directing, permitting, receiving, or facilitating" the use of tax revenues for "campaigning, lobbying, or partisan purposes" would result in local government officials being unable to weigh in on the issues that we deal with on a day -to -day basis, and WHEREAS, this initiative also tramples on many other "First Amendment Rights," that would specifically target all organizations that advocate on and with government issues, by taking away their right to lobby and/or take positions with regards to upcoming legislation that may affect them and their ability to operate in a manner set forth by their constituents and/or members. 1. Member of the National League of Cities and the National Association of Counties THEREFORE, BE IT RESOLVED that the Alaska Municipal League takes a strong position against "An Initiative Creating an Alaska Anti - Corruption Act (Prop 7), which will be placed on ‘tory the 2010 Primary Election Ballot. PASSED AND APPROVED by the Alaska Municipal League on this 20 day of November, 2009. Signed: . • M or B r't _ . ttle, President, Alaska Municipal League - _ •. a Attest: L. Kathie Wasserman, Executive Director, Alaska Municipal League i - • 01/22/2010 13:10 FAX 907 522 2341 DIV OF ELECT REG II Q0005/0011 • ( . i.A\TFT OF e A a L SARAH PAWN ,GOVERNOR DEPARTMENT OF LAW P.O..80X11 600 WO OFFICE OF THE 4TFORNEYGENER4L ammo cow T mum # "PLOOR WOE & STATWFA1RS J1.1NE4u 414SK4998U.OJ O PHONE: tNIV4634600 F4X.• 1M40 -2$20 December 18, 2007 The Honorable Sean IL Parnell Lieutenant Governor P.O. Box 1 10015 Juneau, Alaska 99811 -0015 Re: Review of 07ANCO Initiative Application A.G. file no: 663 -08 -0057 Dear Lieutenant Governor Parnell: L INTRODUCTION You have asked us to review an application for an initiative entitled "An Initiative Creating An Alaska Anti- Corruption Act" We find no legal problems with the bill that warrant denial of certification and so we recommend that you certify the application. II. SUMMARY OF THE PROPOSED BILL The bill is comprised of two sections with the stated objective of reducing the appearance of corruption in government. Section 1 is essentially a prohibition on use of public funds for electioneering, repeating the prohibition against the use of public funds in candidate campaigns that appears in AS 15.13.145, and adding a prohibition against the use of public funds to advocate in ballot measure campaigns. The section also supplements penalties for violating prohibitions against government spending in • campaigns. Section 2 prohibits contractors on public works construction projects from making contributions to candidates. :It also provides for civil and criminal penalties for violations. Section 1 prohibits the use of tax revenues or public resources for campaign, lobbying or partisan purposes. The law now permits the use of public funds in a ballot measure campaign if the legislature or local legislative body appropriates funds for that purpose but prohibits public spending In candidate campaigns. See AS 15.13.145. Section 1 would prohibit any advocacy in a campaign without regard to legislative authorization. This prohibits the acceptance of contributions of public funds, duplicating a similar provision in AS 15.13.072, which prohibits the solicitation or • 01/22/2010 13:10 FAX 907 522 2341 DIV OF ELECT REG II X1 �„ 0006 /0011 fir' .. - • Hon. Sean R. Parnell A.G. file no: 663 -08 -0057 December 18, 2007 Page 2 acceptance ofuntawfttl contributions. Section 1 also prohibits the use of public funds to lobby. Current law exempts state public officials from the definition of "lobbyist" in recognition of the need for executive and legislative branches to confer on legislation and budget issues. The prohibition probably was not intended to cover this conferral but, instead, was directed at spending for a professional lobbyist. This section provides that a violation of the section is a class A misdemeanor, duplicating AS 15,56,012, which makes a knowing 'violation of AS 1513 a class A misdemeanor, and provides the additional remedy of restitution. It also provides that, if a person violates this section more than once, that person is barred from holding public office or employment with the state or any political subdivision foril0 years. There is no administrative remedy or procedure provided in the section, although current law provides an administrative procedure for conduct that already is a violation under AS 15.13. AS 15.13 380. Subsection (C) of section 1 provides that section 1 does not apply to communications between a legislator and legislative staff or public officer, communications by an elected official with constituents, appearances by a public officer or employee before a public body to provide information, a public employee acting in a personal capacity, or certain public employees who assess the impact ofproposals that affect** administration of government. Because communications are not prohibited in the section, it is unclear what subsection (C) means except to ensure that the prohibition against public spending for lobbying is not interpreted to prohibit communication by public officials with legislators and their staff Subsection (D) of section 1 contains definitions. The definitions are quite broad. For instance, the "use of tax revenue's or any other public resources" is defined such that the prohibition against the use of such funds for campaign, lobbying or partisan purposes encompasses uses ofpublic funds in:support of or in opposition to legislation or ballot measures. It would also prohibit incurring any expense for public employee paycheck designations for donations to an organization that engages in. lobbying activities, unless such organization is a qualified 501(c)(3) entity under the Internal Revenue Code. This prohibition would need to be reconciled with AS 23.40.220, which requires a public employer, including the state, to deduct from payroll the monthly dues and other fees and pay them to a union when authorized by a public employee. The definitions section also contains an applicability section extending the applicability of the section to all stat4 and local government in Alaska, as well as their officers, agents and employees. • Section 2 contains a number of prohibitions designed to eliminate the involvement in campaigns of pe sons who contract with a government entity. Subsection (A) prohibits a person from entering into a government contract if the person employs a current or 1 21 • 01/22/2010 13:11 FAX 907 522 2341 DIV OF ELECT REG II e0007/0011 • Hon. Sean R. Parnell December 18, 2007 A.G. file no: 663 -08 -0057 Page 3 former legislator or legislative staff person who is less than two years removed from that position. Violation of this provision is a class A misdemeanor. Additionally, the contract may be forfeited and any amounts paid under the contract returned as restitution. The provision makes an exception for legislators and legislative staff that engaged or were certified in the profession or occupation "within one year" prior to becoming a legislator or legislative staff person. The section does not provide procedures for certification. Because it also fails to authorize regulations, it is unclear how the state would Implement the certification provision. Subsection (B) prohibits a legislator, , or accepting a tn campaign contribution from a holderr of a government contract s Violation mP P,n of this provision is a class A misdemeanor. Amounts received in violation of this section must be returned as restitution to the contributor and an equal amount paid as restitution to the state. Repeat violators are barred from holding public office or employment with the state or any political subdivision for two years. Subsection (C) provides that a person holding "no -bid" government contracts is a "holder of a government contract" (likely meaning that a legislator, candidate, or public official may not receive contributions from them under subsection (B)). Persons holding no -bid government contracts also are contractually bound to stop making or soliciting contributions and to stop making independent expenditures (a term used and defined in AS 15.13) to elect or defeat candidates during the term of the contract and for two years after it terminates. Because the prohibitions appear limited to holders of "no-bid" contracts, presumably, other persons who became public contractors after•participation in a bidding procedure, can make contributions and independent expenditures regarding candidates for public office. The provision requires double restitution for violations. Repeat violators are barred from holding public office, entering into a contract, or employment with the state or any political subdivision for a period of three years. Subsection (D) provides that subsection (C) may be enforced in superior court by anyone, and that such person is immune from any legal action for so doing. Subsection (E) contains the definitions for section 2. Like the definitions for section I, they are broad. For instance, the definition of "government contract" also includes a collective bargaining agreement with a labor organization. "Holder" of a government contract includes any person that has a five percent interest in a party to the contract. The definitions section also contains an applicability section extending the applicability of the section to all state and local government in Alaska, as well as their officers, agents and employees. Nod 1 2. 01/22/2010 13:12 FAX 907 522 2341 DIV OF ELECT REG II Q0008/0011 • • Hon. Sean R. Parnell A.G. file no 663 -08 -0057 December 18, 2007 Page 4 • Subsection (II) requires the State of Alaska to publish a summary of all government contracts on its website. The summary must contain details of the contract, including the parties, the term, and estimated amount to be paid. Section 3 provides that if there is existing law that is less protective Than this bill, the provisions of the bill will apply. Section 4 is a severability provision similar to AS 01 .10.030. IIL ANALYSIS Under AS 15.45.070, the lieutenant governor is required to review an application for a proposed initiative and either "certify it or notify the initiative committee of the grounds for denial" within 60 days of receipt. The grounds for denial of an application are that (1) the proposed bill is not in the required form; (2) the application is not substantially in the required form; or (3) there is an insufficient number of qualified sponsors. AS 15.45.080. We discuss these next. A. FORM OF THE PROPOSED BILL The form of a proposed initiative bill is prescribed by AS 15.45.040, which requires that (1) the bill be confined to one subject; (2) the subject be expressed in the title; (3) the enacting clause state, `Be it enacted by the People of the State of Alaska "; and (4) the bill not include prohibited subjects. The prohibited subjects — dedication of revenue, appropriations, the creation of courts or the definition of their jurisdiction, rules of court, and local or special legislation are listed in AS 15.45.010 and in article XI, section 7, of the Alaska Constitution. The bill satisfies each of these four requirements. With respect to the requirement that the bill be confined to one subject, we note that the bill proposes restrictions on use ofpublic funds for electioneering, as well as restrictions on participation in campaigns and lobbying by persons with interests in certain government contracts. While these are potentially different subjects, the overall objective of the bill is to reduce corruption in government, and both sets of restrictions are calculated to implement such purpose. We have recently considered the single subject rule in the initiative context, and noted the many cases in which the Alaska Supreme Court has adopted a lenient threshold for determining whether the single subject rule is satisfied. See 2007 Op. Ait'y Oen. 10 -12 (July I8; 663 -07- 0191). We think that the unifying theme in 07ANCO is government ethics and that all the sections in the bill fairly relate to this subject. *4 16,•. 23 • • 01/22/2010 13 :13 FAX 907 522 2341 DIV OF ELECT REG II 010009/0011 • Hon. Sean R Parnell December 18, 2007 A.G. file no: 663 -08 -0057 Page 5 With respect to the remaining requirements, the subject of the bill is alluded to in the title ( "creating an Alaska anti- corruption act"). The enacting clause is set out correctly. The bill does not contain any of the prohibited subjects. While we recommend the initiative be certified, we do note some legal issues with the bill. We raise these issues here. Subsections 2(B) and (C) of the bill impose a ban on certain political contributions by holders of government contracts. As we have previously observed, the U.S. Supreme Court is vigilant with respect to protecting First Amendment rights in the campaign finance context, 2007 Op. Att'y Oen. 1 2, (Aug. 8; 663 - 07- 0191). Although the Alaska Supreme Court has upheld a number of contribution bans in State v. Alaska Civil Liberties Union, 978 P.2d 597, 607 -633 (Alaska 1999), the bans proposed here (particularly with regard to the bans on campaign spending by persons holding small public contracts) are quite broad and may not pass muster. We are particularly concerned about the prohibitions on campaign expenditures (defined in AS 15.13), which the courts have been extremely careful to protect. Although the constitutionality of this bill's ban on political contributions by holders of government contracts could be challenged at some point, courts in Alaska will not entertain such challenges until after the measure has been enacted by the people. See Alaskans for Efficient Government, Inc. v. State, 153 P.3d 296, 298 (Alaska 2007) (constitutional issues not Identified as prohibited subjects may only be considered after initiative becomes law). We also note that section 1 prohibits the use of public funds for on a ballot measure campaign. As a constitutional matter, the legislature may appropriate money for any public purpose. Alaska Const. art. IX, § 6. While our courts have not ruled on whether an appropriation for such purposes is for a public purpose, the courts have adopted a fairly broad test. See DeArmond v. Alaska State Dev. Corp., 376 P.2d 717, 721 (Alaska 1962) (public purpose is what legislature says it is unless arbitrary and without basis in fact). Thus, it is conceivable that if this ballot measure were enacted, the Iegislature could, consistent with the constitution, appropriate funds in violation of this provision. We doubt that the courts would enforce against the legislature a statute that restricts the constitutional power of appropriation. Acceptance of such appropriated funds, however, could expose the recipient to criminal and civil sanctions. We also note in this regard, that the Alaska Constitution prohibits an initiative from repealing an appropriation. Alaska Const. art. XI, § 7. This measure does not repeal an existing appropriation —it merely seeks to prevent the legislature from using its appropriation power for certain purposes in the future. Thus, we do not think that this provision violates the restriction against initiatives repealing an appropriation. And, as just noted, we doubt that such provision would be enforceable against the legislature. 1:24 01/22/2010 13r * "F^ 14 FAX 907 522 2341 DIV OF ELECT REG II f�0010 /0011 • . • Hon. Sean R. Parnell A.G. file no: 663 -08 -0057 December 18, 2007 Page 6 B. THE FORM OF THE APPLICATION The form of an initiative application is prescribed in AS 15.45.030, which provides: The application must include the (1) proposed bill; (2) printed name, the signature, the address, and a numerical identifier of not fewer than 100 qualified voters who will serve as sponsors; each signature page must include a statement that the sponsors are qualified voters who signed the application with the proposed bill attached; and • (3) designation of an initiative committee consisting of three of the sponsors who subscribed to the application and represent all sponsors and subscribers in matters relating to the initiative; the designation must include the name, mailing address, and signature of each committee member. AS 15.45.030. The application meets the first and third requirements as well as the latter portion of the second requirement regarding the statement on the signature page. With respect to the first clause of the second requirement, the Division of Elections within your - office determines whether the application contains the signatures and addresses of not less than 100 qualified voters. C. NUMBER OF QUALIFIED SPONSORS The Division of Elections within your office will determine whether there are a sufficient number of qualified sponsors. IV. PROPOSED BALLOT AND PETITION SUMMARY We have prepared the following ballot -ready petition summary and title for your consideration: 01/22/2010 13:14 FAX 907 522 2341 DIV OF ELECT REG II 1 0011/0011 Nod Hon. Sean R. Parnell December 18, 2007 A.G. file no: 663 -08 -0057 Page 7 INITIATIVE PROHIBITING PUBLIC FUNDS FOR ELECTION CAMPAIGNS: ALSO PROHIBITING CAMPAIGN CON' RINTION$ BY HILDERS OF GOVERNMENT CONTRACTS This bill would ban the use of public funds for political campaigns and lobbying. Funds could not be used to support or oppose a ballot measure. The bill would limit political involvement in government contracts. It would ban political contributions by holders of government contracts. It would ban legislators and their staff from being employed by holders of government contracts for two years after leaving state service. The bill has criminal and civil penalties. Should this initiative become law? This summary has a Flesch test score of 57.1. We believe that the summary meets the readability standards of AS 15.60.005. V. CONCLUSION For the above reasons, we find that the proposed bill is in the proper form, and therefore recommend that you certify this initiative application. ;,I? Please contact me if we can be of further assistance to you on this matter. Sincerely, TALIS J. COLBERG ATTORNEY GENERAL i By: r.t;ri1�! C. Michael A. Barnhill Senior Assistant Attorney General MAB /rca cc: Whitney Brewster Director of Division of Elections Office of the Lieutenant Governor 1 tl LEGAL SERVICES DIVISION OF LEGAL AND RESEARCH SERVICES (907) 465 -3867 or 465 -2450 LEGISLATIVE AFFAIRS AGENCY FAX (907) 465 -2029 FAX OF ALASKA State Capitol Mail Stop 3101 Juneau, Alaska 99801 -1182 Deliveries to: 129 6th St., Rm. 329 MEMORANDUM January 22,2010 SUBJECT: 07ANCO (Anti - Corruption Initiative) analysis (Work Order No. 26 -LS 1368) TO: Representative Jay Ramras Attn: Jane Pierson FROM: Alpheus Bullard Legislative Counsel You have requested an analysis of the above - described initiative and asked (1) whether the initiative is attended by any constitutional issues and (2) if its provisions are affected by the Supreme Court's recent ruling in Citizens United v. Federal Election Commission, No. 08 -205, 558 U.S. (January 21, 2010). Its possible constitutional dimensions are reviewed in the analysis below. The initiative's possible constitutional issues exist independently and apart from the Citizens United ruling.' On May 15, 2008, Lieutenant Governor Parnell determined the petition for the initiative entitled "An Initiative Creating An Alaska Anti - Corruption Act" was properly filed. The initiative should appear on the August 24, 2010 statewide primary election ballot.' While the ballot application was certified by the lieutenant governor as compliant with state constitutional and statutory requirements pertaining to initiatives,' this certification ' I am currently preparing a legal opinion for your office (Work Order No. 26- LS1367) relating to the effects of the Supreme Court's opinion in Citizens United v. Federal Election Commission, No. 08 -205, 558 U.S. (January 21, 2010). 2 If there is a statewide special election before the 2010 primary election, the initiative will be placed on the election ballot for that election (AS 15.45.420). Under AS 15.45.070, the lieutenant governor is required to review an application for a proposed ballot initiative and either "certify it or notify the initiative committee of the grounds for denial." An initiative will be denied by the lieutenant governor if (1) the proposed bill to be initiated is not in the required form; (2) the application is not substantially in the required form; or (3) there is an insufficient number of qualified sponsors. The attorney general's review, performed for the lieutenant governor, was available on November 7 at: htt : / /lt /pdfs/ elections /initiatives /07ANCOopi 1'21. Representative Jay Ramras January 22, 2010 Page 2 should not be interpreted as an affirmation of the constitutionality of the initiative's provisions.` Initiative 07ANCO establishes a variety of new rules relating to (1) who may contract with the state or its political subdivisions and (2) who may make contributions to, or independent expenditures on behalf of, certain candidates for public office. The initiative also provides for civil and criminal penalties for violations of its provisions and directs that a state website be established where summaries of all contracts awarded by the state, the state's political subdivisions, and school districts (government contracts) must be listed. INITIATIVE SUMMARY Section One. Public resources from any source not to be used or received to further any political agenda Subsection (1)(A) prohibits public bodies, public officers, persons in the employ of the state, the state's political subdivisions, school districts, or candidates for public office from directly or indirectly using, or allowing to be used, tax revenues or other public resources for campaign, lobbying, or partisan purposes. This prohibition extends to the payment of dues or membership fees of any kind to any entity or person that itself engages in lobbying, campaigns, or partisan activity. It also prohibits candidates, political committees, and political parties from accepting contributions from any state, 'v state agency, political subdivision of the state, foreign government, federal agency, or the federal government. Violation of this subsection is a class A misdemeanor. While prohibiting the use of public resources for campaign, lobbying, or partisan purposes may not seem a novel proposal,' the manner in which subsection (1)(D) defines The form of a proposed initiative is prescribed by AS 15.45.040. This section requires that (1) the bill is confined to one subject; (2) the subject of the bill shall be expressed in the title; (3) the enacting clause of the bill shall be: "Be it enacted by the People of the State of Alaska;" (4) the bill may not include subjects restricted by AS 15.45.010. AS 15.45.010 provides that "an initiative may not be proposed to dedicate revenue, to make or repeal appropriations, to create courts, to define the jurisdiction of courts or prescribe their rules, or to enact local or special legislation." This section is a statutory restatement of the Alaska Constitution's art. XI, sec. 7. Unless an initiative is clearly unconstitutional, an initiative's constitutional issues other than the inclusion of prohibited subjects under art. XI, sec. 7 of the state constitution will only be considered after an initiative is enacted. See Alaskans for Efficient Government Inc. v. State, 153 P.3d 296, 298 (Alaska 2007). Article IX, section 6 of the Alaska Constitution prohibits the use of public funds for non - public purposes. 2 8 Representative Jay Ramras January 22, 2010 Page 3 "campaigni' and "lobbying "' (and remains silent as to "partisan purposes ") results in a departure from what current law provides. Subsection (l)(A) could be interpreted to prohibit the following currently permitted activities: (1) deduction of union dues by the state from a public employee's income (currently allowed under AS 23.40.220); (2) use of public funds to support or oppose legislation or a ballot measure; (3) lobbying of the federal government by the state (i.e. appropriating funds to Arctic Power to lobby in Washington D.C. on behalf of oil exploration and development in the Arctic National Wildlife Refuge); (4) funding of state election campaigns by the state (as was proposed by the "clean elections" initiative that appeared on the August 2008 primary election ballot); and (5) some communications between employees of a political subdivision or an executive branch department and persons in the legislative branches of government concerning legislative action desired by the political subdivision or department.' Subsection (1)(A) could also be interpreted to eliminate the limited exceptions to existing prohibitions against the use of government resources allowed under AS 24.60.030(a) or AS 39.52.120(b) (i.e. telephone or facsimile use that does not carry a special charge by a legislator or legislative employee or the use of the governor's residence for meetings to discuss political strategy). „r Subsection (1)(B) provides that any person who knowingly spends or receives funds in violation of section 1 of the initiative must "pay full restitution for the greater of the "Campaign" is defined by subsection (I )(D) to include "(i) communications or expenditures related to the pursuit of a public office, either electoral or appointive; (ii) all lobbying activity; or (iii) efforts paid in whole or in part by public revenues or resources to coordinate or induce members of the general public or any segment thereof to directly influence legislative activity by communicating with members of a legislative body, supporting or opposing legislation, or supporting or opposing a petition drive or ballot question.” ' "Lobbying" is defined by subsection (1)(D) to mean "attempts to directly influence legislative activity by communication with any member or employee of a legislative body, or with any government official or employee who may participate in the formulation of legislation." " The legislature may appropriate money for any public purpose under art. IX, sec. 6 of the state constitution. Under AS l 5.13.145, certain political subdivisions of the state are permitted to expend funds in support or opposition to a ballot initiative if funds have been specifically appropriated for that purpose by a state law or a municipal ordinance. ' See the discussion of subsection (1)(C) below. 29 • Representative Jay Ramras January 22, 2010 Page 4 public cost or for the market value of any misappropriated resources." A second violation of section 1 by a public officer or public employee renders the public officer or public employee ineligible for public office or employment with the state or any of its political subdivisions for ten years. Subsection (1)(C) of the initiative provides that the initiative's section 1 does not apply to certain persons and certain communications, comments, and appearances. It provides that subsection (1)(A) does not apply to communications between a legislator and legislative staff, communication between a legislator and the legislator's constituents, appearances by a public officer or employee before a public body for the purpose of providing information, communications between an elected or appointed public official with a legislator or legislative staff member, a public employee acting in a personal capacity, or "authorized employee[s] of the office of the Governor, the Supreme Court, or the [] Department of Revenue" responsible for assessing "the impact of proposals which affect the administration of government." While subsection (1)(A) does not directly prohibit any communication, comment, or appearance, subsection (1)(D) defines "lobbying" so broadly that the initiative could be interpreted to prohibit the employees of state departments or political subdivisions from communicating with legislative personnel about the needs of their departments or political subdivisions. While the initiative's section I makes exceptions for "appearances by a public officer or employee" whose appearance has been requested, and communications between an elected or appointed public officer and a legislator or legislative staff member are permitted, no exception is made for the employees of a state department or political subdivision to communicate (unless requested to appear) with legislators or legislative staff. Subsection (1)(D) provides definitions for section 1. Subsection (1)(E) provides that section 1 applies to the state, municipalities, school districts, and the public officers, agents, and employees of the state, municipalities, and school districts. Section Two. Restrictions to reduce corruption relating to certain public contracts Subsection (2)(A) places restrictions on who may contract with the state, a political subdivision of the state, or a school district. It prohibits persons who employ or "retain[] the services of' a person who is or was a legislator or legislative staff member, who is less than two years removed from that position (unless the legislator, legislative staff member, or former legislator or legislative staff member is employed or retained in a 10 The initiative's language is "state, and independent and municipal school districts." I interpret this to be a comprehensive reference to all school districts. In Alaska there are borough school districts, city school districts, regional educational attendance areas, and the state boarding school (which operates as a school district). 1 '3i Representative Jay Ramras January 22, 2010 Page 5 trade, occupation, or profession in which the legislator, legislative staff member, or former legislator or legislative staff member was engaged, or had obtained certification" for, at least one year prior to becoming a legislator or legislative staff member), from obtaining government contracts." A knowing violation of this subsection is a class A misdemeanor. In addition to the misdemeanor charge, a person who knowingly violates the prohibition set out in this subsection forfeits the person's rights to payment or reimbursement under the contract and must make restitution of any payments received. Subsection (2)(B) restricts the range of persons from whom a public officer or candidate for public office may solicit or accept contributions. It prohibits a public office holder with "ultimate responsibility ' for the award of a government contract, a candidate for that public office position, or a person acting "on behalf" of either that public office holder who awarded the contract or a candidate for that public office holder's position from "solicit[ing], accept[ing], or direct[ing]" a contribution from a person holding a government contract or an immediate family member of that person. A knowing violation of the prohibition set out in this subsection is a class A misdemeanor. In addition to the misdemeanor charge, a person who knowingly violates this subsection must make full restitution to the person who made the contribution and pay a matching amount to the state as a penalty. A second violation of subsection (2)(B) renders a person ineligible for public office or employment with the state or any of its political subdivisions for two years. Subsection (2)(C) prohibits persons holding no -bid government contracts from making or soliciting contributions to elect or defeat any candidate for public office in the state or from making independent expenditures" on such a candidate's behalf. This prohibition remains in effect for two years following the termination of the contract. Violation of this provision by the holder of a no -bid government contract results in forfeiture of the " The initiative does not supply a definition of "certification." Certification could be interpreted to mean a professional's "accreditation" or degree, or it could be interpreted to require some type of state certification program. ' A "government contract" is defined by subsection (2)(E) as "any contract awarded by an agency or department of the state or any public body receiving state subsidy or authorized to levy taxes, for the purchase of goods or services for amounts greater than $500...." Such contracts include collective bargaining agreements with labor organizations. " "Holder of the public office with ultimate responsibility for the award of a contract" is defined by (2)(E) to mean any elected official who may award the contract or appoint an official responsible for awarding the contract, or any elected official of a public body where the contract is awarded by that public body. " Independent expenditures for or against candidates are currently governed by AS 15.13.135. 131 Representative Jay Ramras January 22, 2010 Page 6 right to payment under the contract and payment of an amount "not less than twice the contribution" to the state as a penalty. If the holder of the no -bid contract is an "entity" that has a treasurer that knows of the contribution, then the treasurer may also be held liable for the violation. In addition to these penalties, a person who violates this section a second time is ineligible to again contract with the state, hold public office, or be employed by the state or any of its political subdivisions for three years. The governor may suspend a "disbarment" under this section during a declared state of emergency. Subsection (2)(D) provides that subsection (D) may be enforced in superior court by any party, and that party is immune from legal actions for bringing such an action. Subsection (2)(E) provides definitions for section 2. Subsection (2)(F) provides that section 2 applies to the state, municipalities, school districts, and the public officers, agents, and employees of the state, municipalities, and school districts. Subsection (2)(G) provides that section 2 does not affect the authority of the state to suspend, debar, or otherwise sanction a contractor who is subject to AS 36 (Public Contracts). Subsection (2)(H) requires that the state promptly publish a summary of each " govermnent contract" (presumably including those contracts awarded by the state's political subdivisions and school districts) on a website accessible from the state's official website. Presumably, too, this is an ongoing obligation for each contract that is entered into on or after the initiative's effective date, and not a one -time only requirement. The subsection also requires persons who have been awarded a government contract to file a "Government Contract Summary" in digital form that would summarize a large quantity of information about the contract. Section Three. Non - applicability of less protective laws The initiative does not directly repeal or amend any statute or regulation. Section 3 provides that existing state statutes and regulations that "conflict with [the initiative] and are less restrictive or less protective of the public interest" are superseded by the initiative's provisions. " S The initiative does not examine the relationship between the state's website and the "Government Contract Summary" that government contractors are required to file. The information that the contractor is required to file is information that the state (if the state was the government entity that awarded the contract), as a party to the contract, would already have (i.e. "the nature of the contract ... ," "the estimated duration and end date of the contract," etc.). This information appears to be meant for publication on the required state website, but the initiative is not clear on the point. 132 Representative Jay Ramras Sow January 22, 2010 Page 7 Section Four. Severability Section 4 provides that if any provision of the initiative, or any provision of the initiative's application to a person or circumstance (if enacted) is found to be unconstitutional, that only the impermissible sections or applications will be severed. CONSTITUTIONAL ISSUES The initiative implicates constitutional issues relating to legislative power, qualifications for state legislative and executive elective office, freedom of speech and association, overbreadth, and equal protection. These issues are discussed below. Prohibiting the legislature from expending public funds for "campaign, lobbying, or partisan purposes" The initiative's section (1)(A) prohibits the expenditure of public funds for campaign, lobbying, or partisan purposes. Article IX, sec. 6 of the state constitution allows the legislature to appropriate funds for any public purpose. The state Supreme Court has held that "where the legislature has found that a public purpose will be served by the expenditure or transfer of public funds or the use of the public credit, this court will not set aside the finding of the legislature unless it clearly appears that such finding is Saw arbitrary and without any reasonable basis in fact." DeArmond v. Alaska State Development Corp., 376 P.2d 717, 721 (Alaska 1962), citing re Opinion of the Justices, 177 A.2d 205 (Del. 1962). Consequently, if the legislature were to choose to appropriate funds in relation to a ballot measure or to fund a program for the financing of public elections, a court might not enforce this provision of the initiative. Barring persons from public office Subsections (1)(B), (2)(B), and (2)(C) of the initiative that "render [a] person ineligible to hold public office [...] with the state or any of its political subdivisions for [ 10, 2, and 3] years" might be found by a court to impose an unconstitutional qualification for the offices of governor, lieutenant governor, state senator, and state representative under art II, sec. 2 and art. III, sec. 2 of the Alaska Constitution. While as a general rule states " Art. II, sec. 2, provides for the qualifications of state Iegislators: MEMBERS' QUALIFICATIONS. A member of the legislature shall be a qualified voter who has been a resident of Alaska for at least three years and of the district from which elected for at least one year, immediately preceding his filing for office. A senator shall be at least twenty -five years of age and a representative at least twenty -one years of age. 1 3.3 Representative Jay Ramras January 22, 2010 Nod Page 8 enjoy broad authority to prescribe the qualifications of their public office holders (see Sugarman v. Dowell, 413 U.S. 634 (1973)), the qualifications for the right to hold certain state elective offices are spelled out in several places in the state constitution and a court might rule that the people (through the initiative process) do not have the authority to set or establish additional qualifications on the right to hold these elective offices." Under the state constitution art. II, sec. 12, each legislative house "is the judge of the elections and qualification of its members." See State v. Marshall, 633 P.2d 227 (Alaska 1981) (court enforced a statutory provision on a member of a municipal assembly, but noted that statute might not apply to a legislator because of the state constitution art. II, sec. 12). Art. II, sec. 5 specifies certain additional disqualifications: DISQUALIFICATIONS. No legislator may hold any other office or position of profit under the United States or the State. During the term for which elected and for one year thereafter, no legislator may be nominated, elected, or appointed to any other office or position of profit which has been created, or the salary or emoluments of which have been increased, while he was a member. This section shall not prevent any person from seeking or holding the office of governor, secretary of state, or member of Congress. This section shall not apply to employment by or election to a constitutional convention. Art. III, secs. 2 and 5, prescribe the qualifications for the office of governor: GOVERNOR'S QUALIFICATIONS. The governor shall be at least thirty years of age and a qualified voter of the State. He shall have been a resident of Alaska at least seven years immediately preceding his filing for office, and he shall have been a citizen of the United States for at least seven years. LIMIT ON TENURE. No person who has been elected governor for two full successive terms shall be again eligible to hold that office until one full term has intervened. Art. III, sec. 7, prescribes the same qualifications are applicable to the office of lieutenant governor: LIEUTENANT GOVERNOR DUTIES. There shall be a lieutenant governor. He shall have the same qualifications as the governor and serve for the same term. He shall perform such duties as may be prescribed by law and as may be delegated to him by the governor. " Opinion of the Attorney General, February 9, 1960. 134 Representative Jay Ramras January 22, 2010 Page 9 Because of these constitutional issues, this provision of the initiative might be interpreted by a court to apply only to other elective public offices. If, because of the qualifications clause issue, the initiative is interpreted to only prohibit people from employment with the state or its political subdivisions, elective public offices other than that of governor, lieutenant governor, representative, there could be a secondary constitute nalproblem senator, in regard to state the application of the initiative's provisions to these other elective public offices. Courts have found that individuals have a "federal constitutional right," protection provision of the Fourteenth Amendment, "to be csidered for public service without the burden of invidiously discriminatory disqualification." Turner v. Fouche, 396 U.S. 346, 362 (1970). The cases suggest that a state's exercise of its powers in prescribing the qualifications of its officers may be subject to an examination under the equal protection clause. Generally, the principal factors to be taken into consideration in determining whether a provision violates the equal protection clause are "the facts and circumstances behind the law, the interests which the state claims to be protecting, and the interest of those who are disadvantaged by the classification." Williams v. Rhodes, 393 U.S. 23 (1968). The right of an individual to hold political office has generally not been treated as "fundamental," Bullock v. Carter, 405 U.S. 134 (1972), nor apparently is the opportunity of an individual to stand as a candidate for that office, Clough v. Guzzi, 416 F.Supp. 1057, 1066 (D.Mass. 1976). So, typically, in challenges to constitutional prohibitions against dual office holding or barring other state employment during a person's term of legislative service, absent evidence of invidious discrimination, examination has proceeded using a "rational basis" analysis. See Wilson v. Moore, 346 F.Supp. 635 (N.D.W.Va. 1972) (upholding bar against eligibility in legislature of one holding other lucrative office or employment under the state). Under a rational basis test, the state needs to demonstrate that its legislative classification rationally relates to a legitimate governmental objective. See Corner v. City of Mobile, 337 So.2d 742, at 750 (Ala. 1976) (prohibition in a reenactment of legislation establishing an Ethics Commission against any member appointed under the original Act from again serving as a member of the commission violative of equal protection where the court found "no reasonable relationship between this membership prohibition and the purpose of this legislation.... "). Assuming application of a rational basis analysis of the initiative's provisions that would operate in practice to bar individuals from public employment and some public offices, the court will consider both the governmental objective sought to be satisfied and the relationship between that objective and the means sought to achieve the objective. To be valid under the equal protection clause, the application of the initiative to some public employees, public office holders, would -be candidates for these public offices, and prospective employees would have to be reasonable, not arbitrary, and would have to bear a fair and substantial relation to a legitimate governmental objective in preventing corruption and the appearance of corruption. If the initiative's provisions barring certain persons from public office are not enforced for the offices of governor, lieutenant governor, state senator, and state representative because of the state constitution's art. II, 3 5 Representative Jay Ramras January 22, 2010 Page 10 sec. 12 and qualifications clauses, the initiative (in its disparate application) might not be interpreted by a court as bearing a fair and substantial relation to the goal of preventing corruption or its appearance. Allowing a person who has violated the initiative's provisions to run for governor but not a municipal assembly seat may be interpreted as arbitrary, and the initiative might consequently bear a strong likelihood of being held by a court as not having a reasonable relationship to deterring corruption or its appearance. Government contractors' ability to make contributions to or expenditures on behalf of a candidate Article 1, sec. 5 of the state constitution and the First Amendment of the Constitution of the United States protect the freedom of speech and freedom of association. Contributions to political campaigns and independent expenditures made on the behalf of a candidate are protected speech under the First Amendment. See Randall v. Sorrell, 548 U.S. 230 (2006), and Buckley v. Valeo, 424 U.S. 1 (1976). Any restriction on the ability of persons who contract with the state, its political subdivisions, or school districts to make contributions or expenditures in support of or in opposition to a candidate for public office is likely to face a First Amendment challenge.' The United States Supreme Court has recognized "the prevention of corruption and the appearance of corruption" as a sufficiently important interest to justify restrictions on campaign contributions, see Buckley v. Valeo, 424 U.S. 1, 26 (1976), and the Alaska Supreme Court has held that a bar on out -of- district lobbyist contributions (AS 15.13.074(g)) is narrowly tailored to further this compelling interest, and the restraint does not foreclose lobbyists from engaging in political speech, see State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 U.S. 1153 (2000). However, it is my opinion that restricting all political contributions from all "government" contractors and their immediate family members is not narrowly tailored and is further removed from the state's interest in preventing corruption and the appearance of corruption. The relevant legal analysis is whether the prohibitions in the initiative's sections (2)(B) and (2)(C) that prevent a government contractor or an immediate family member of a government contractor from making a contribution to, or an expenditure on behalf of, a candidate for public office are consistent with the state's compelling interest in preventing corruption and the appearance of corruption and do not "burden substantially more speech [or association] than is necessary to further the government's legitimate interests." State v. Alaska Civil Liberties Union, 978 P.2d 597, 619 (Alaska 1999), quoting California Prolife Council v. Scully, 989 F. Supp. 1282, 1296 (E. D. Cal. 1998), quoting Ward v. Rock Against Racism, 491 U.S. 781, 799 (1989). While some restrictions on contributions from these contractors and their immediate family members might be 18 "Holder of a government contract" is defined so broadly that any "administrator" or shareholder owning more than five percent of an entity that contracts with the government is such a contractor under the initiative's section (2). Nod ,,a Representative Jay Ramras r►, January 22, 2010 Page 11 permissible, the initiative is not narrowly tailored, but disallows all contributions and independent expenditures by a group of persons captured by an expansive and perhaps constitutionally "overbroad" definition of "holder of a government contract. " I believe a court would interpret this absolute prohibition not as a "distinction in degree" but an impermissible "distinction in kind." Buckley, 424 U.S. at 30. Right of contractors to employ a current or former legislator or legislative staff member The prohibition in section (2)(A) against a person that employs a current or former legislator or legislative staff member from contracting with the state, its political subdivisions, or school districts may be held by a court as a violation of the rights of a person who desires to contract with the state, a legislator, or a legislative staff member. The individual rights afforded by the Alaska Constitution, art. I, sec. 1, include the right to make certain contracts for personal employment. See State v. Enserch Alaska Construction, Inc., 787 P.2d 624 (Alaska 1989) (the right to engage in an economic endeavor within a particular industry is an "important" right for state equal protection purposes) and Malabed v. N. Slope Borough, 70 P.3d 416 (Alaska 2003) (close scrutiny of enactments impairing the important right to engage in economic endeavor requires that the state's interest underlying the enactment be not only legitimate, but important, and that the nexus between the enactment and the important interest it serves be close). In justifying such an infringement on the personal liberty of government contractors, legislators, legislative staff members, former legislators and legislative staff members, a person defending the initiative's section (2)(A) would have to demonstrate a compelling interest in the purposes advanced by the restriction and an absence of less restrictive alternatives in realizing these ends. While the United States Supreme Court has acknowledged that governments have a legitimate interest in regulating the activities of people who have direct access to elected representatives, see McIntyre v. Ohio Elections Commission, 514 U.S. 334, 356 n. 20 (1995) ( "the activities of lobbyists who have direct access to elected representatives, if undisclosed, may well present the appearance of corruption "), "statutes attempting to restrict or burden the exercise of First Amendment rights must be narrowly drawn and represent a considered legislative judgment that a particular mode of expression has to give way to other compelling needs of society." Broadrick v. Oklahoma, 413 U.S. 601, 611 - 612 (1973) (citations omitted). It is my opinion that a court would most likely rule that a party defending this provision would not meet its burden of demonstrating that no less restrictive alternatives exist to eliminate impropriety, undue influence, and conflicts of interest, and that this restriction might also be invalidated. " Under the overbreadth doctrine, if a statute is so broadly written that it deters free expression, then it may be struck down on its face because of its chilling effect -- even if it also prohibits acts that may legitimately be forbidden. 137 to Representative Jay Ramras January 22, 2010 Page 12 Proactive legislative action in response to the initiative If it is your opinion that the initiative is likely to be approved by the electorate and you are concerned about the possible effects of the initiative's provisions (as currently drafted), art. XI, sec. 4, of the Alaska State Constitution allows the legislature to enact a law (before the August 2010 statewide primary election or special election at which the initiative is placed on the election ballot) that, if "substantially the same measure" as the proposed initiative, will render the initiative void.' Under AS 15.45.210, the lieutenant governor, with the concurrence of the attorney general, is responsible for determining whether an Act of the legislature is substantially the same as a proposed initiative.' The test of how similar a measure enacted by the legislature and an initiative must be for the legislative measure to operate to invalidate the initiative was set out in Warren v. Boucher, 543 P.2d 731 (Alaska 1975). The Warren court noted: . [T]he legislative act need not conform to the initiative in all respects, and ... the [constitution's] framers intended that the legislature should have some discretion in deciding how far the legislative act should differ from the provisions of the initiative. The question, of course, is how great is the permitted variance before the legislative act becomes no longer substantially the same. Upon reflection we have concluded that the legislature's discretion in this matter is reasonably broad. .. . 2 ° Article XI, sec. 4, Constitution of the State of Alaska states: INITIATIVE ELECTION. An initiative petition may be filed at any time. The lieutenant governor shall prepare a ballot title and proposition summarizing the proposed law, and shall place them on the ballot for the first statewide election held more than one hundred twenty days after adjournment of the legislative session following the filing. If, before the election, substantially the same measure has been enacted, the petition is void. (Emphasis added.) It AS 15.45.210 states: Determination of void petition. If the lieutenant governor, with the formal concurrence of the attorney general, determines that an act of the legislature that is substantially the same as the proposed law was enacted after the petition had been filed, and before the date of the election, the petition is void and the lieutenant governor shall so notify the committee. , I `=' 8 V� Representative Jay Ramras January 22, 2010 Page 13 The court fashioned the following as a general test: . [i]f in the main the legislative act achieves the same general purpose as the initiative, if the legislative act accomplishes that purpose by means or systems which are fairly comparable, then substantial similarity exists. It is not necessary that the two measures correspond in minor particulars, or even as to all major features, if the subject matter is necessarily complex or requires comprehensive treatment. The broader the reach of the subject matter, the more latitude must be allowed the legislature to vary from the particular features of the initiative. Id. at 736. My reading of the Warren test leads me to the opinion that a legislative bill that was drafted to sidestep the possible constitutional and practical shortcomings of this initiative is likely to be interpreted by a court as "substantially the same" and consistent with the legislature's authority to substitute its judgment and to take corrective action. The subject matter of the initiative, political contributions and government contracts, is fairly complex, and the scope of the initiative's provisions is broad. Correspondingly, the legislature could be held to have the requisite authority to exercise significant discretion in departing from the particular features of initiative 07ANCO. `err If you would like a bill drafted, if you have specific questions, or if I may be of further assistance, please do not hesitate to contact me. TLAB:ljw 10- 034.1jw 01/22/2010 13:08 FAX 907 522 2341 DIV OF ELECT REG II Ij0002 /0011 Null . ..;:;, • - . • - • STaleCipaol ' • r: ` S301445170Arc SUh 1700 Pam&Oa99801 4-7.i:.-(1.1.,. b '.L • • Anc6Daje.Ati#a99561 •aid >.' ' • - 9045 3520 i65.S400acx �•• }Y • 907269'460 269.0263 ax • _. '- il••... • •tLGotemorgiQpksticakus '. - • ' L ieutenant Governor Sean Parnell • • : . ; - • • • • • December 19.2007 - • '. Scott A. Kohthaass • • • - • . • • ' • • • . . ' - • 6701 East 6t1i Avenue, h24 • ' . • • • • - • Anchorage, AK 99504 • . . ' . . .. .- • • • • Re: 07ANCO initiative Application . • • • ' Dear Mr, Kohlltaas: . ' On October 22, 2007, I received your application for an initiative that you entitled "The dlasku Anti • • ..Corruption Act. "1 forwarded the application to the Division of Elections for verification of signatures. and to the Department ofLaw for legal review. • The Division of Elections determined that 133 of the 262 signatures submitted were those of qualified • • ' .. • voters. Therefore, the application. has sufficient number of sponsors to qualify for circulation of a petition . • • • ' under AS 15.45.030. The petition statistics report prepared by the Division of Elections is enclosed. . The Department of Law found, "...no legal problems with the bill that warrant denial of certification" and . • • has recommended that I certify the application. A copy of the Department of Law opinion regarding the • ' • • • application is also enclosed. . ' . ' • . ' . . Consequently, .I hereby certify your initiative application under Article Xi of the Alaska Constitution and • . under the provisions of AS 15.45. J further certify that the proposed bill to be initiated is in the required . form, that the application is substantially in the required form, and that there am a sufficient number of qualified sponsors. Your official certificate is enclosed. • • • . • • In accordance with AS 15.45.090(aX2), it is my duty to prepare an impartial summary for the petition . • booklets. The following is the petition summary I have prepared: • 4ITIATIVE PROHIBITING PUBLIC FUNDS FOR ELECTION CAMPAIGNS: ALSO • • PROHIBITING CAMPAIGN CONTRIBUTIONS BY I4OLDERS OF GOVERNMENT • • gONTRACTS - - This bill would ban the use of public funds for political campaigns and lobbying. Funds . could not be used to support or oppose a ballot measure. The bill would limit political involvement in government contracts. It would ban political contributions by holders of government contracts, It would ban legislators and their staff from being employed by I 140 01/22/2010 13:08 FAX 907 522 2341 DIV OF ELECT REG II Q0003/0011 • . holders of government contracts for two years after leaving state service. The bill has ' criminal and civil penalties. - ' Should tills initiative become law? ' . The Division afElections will prepare and print sequentially numbered petition booklets to allow full circulation throughout the state. Each petition will contain (1) a copy of the proposed bill; (2) an impartial summary of the subfect'matter of the bill; (3) a statement of minimum costs to the state associated with certification of the Initiative application and review of the initiative petition; (4) an estimate of the cost to • the state of implementing the proposed law; {5) the statement of warning prescribed in AS 15:45.]00; (6) • • sufficient space for the personal information Ind signatures of each person signing the petition; and (7) • • other specifications that I decide would ensure proper handling and control. As soon as the booklets are available, the Division will send them to the Division's regional office of your choice (Juneau, Anchorage, Fairbanks or Nome). You will also be provided with instructions for booklet distribution and accounting. These instructions must be followed. The initiative petition must be filed within one year from t date notice is given that the petition booklets • are ready for delivery. The petition must be signed by qualified voters at least equal in number to 10 • percent of those who voted in the last General Election, who are resident in at least three- fourths of the House districts of the State, and who are equal in number to at least seven percent of those who voted, in the preceding General Election in that House district. The number of signatures that you need to gather - ' will be based on the 2006 General Election. You will need at least 23,831 qualified voters in at least 30 = election districts to sign the petition. , If you have questions or comments about the ongoing initiative process, please contact my special - • assistant, Jason Hooley, at 465 -4082. • - • ' • . • • • • . • . Since ly, • • ( P . 044.46/ • • • • • Sean Parnell Lieutenant Governor • Enclosures ' . , • ' Cc:. Tails Colberg, Attorney General , • ' Whitney Brewster, Director, Division of Elections . • 1 . 1 141 Printable Version Page 1 of 3 fidryora t P iss apt . 9 WhataerMs in a name? Critics say a ballot initiative in Augusta€Tms election is misleading at best, and onerous at worst. By Brendan Joel Kelley In late 2007 and early 2008, two petitions were circulating to get initiatives on the ballot, both with pretty sexy names, considering the Bill Allen/VECO corruption indictments were still coming down with regularity. One was known as "The Clean Elections Act," the other "The Anti- Corruption Act." Who wouldn't want those? At the time, this paper and other media outlets noted that many potential signatories didn't realize the two initiatives were different — starkly so. The Clean Elections Act, which would've provided public funding for candidates, made it on to the 2008 ballot, but was shot down by voters. The Anti - Corruption Act didn't get enough signatures in time for that election, but it did get them in time to be included on this August's primary ballot, where it will be one of two initiatives (the other would require parental consent for abortions for minors). Even back in 2008, the genesis of the Anti- Corruption Act was shadowy. A former state representative, Dick Randolph, told the Anchorage Daily News he'd been asked to head the campaign by New York billionaire Howie Rich, a libertarian known for funding pro -term- limits and "taxpayer bill of rights" initiatives in states around the country (Randolph is traveling out of state and couldn't be reached for comment). Scott Kohlhaas, the chair of the state Libertarian Party, was involved in the signature gathering (he wrote in an email this week that he hasn't been associated with the Anti- Corruption Act since the ballot drive), and he told the Daily News in January 2008 that Rich wrote him an email "telling me not to 'eft' this up." (An email query to Rich went unanswered.) Rich's involvement in the current campaign is unknown; the group campaigning for the initiative, known as Clean Team Alaska, submitted its campaign disclosure to the Alaska Public Offices Commission Tuesday of this week, and its primary donor is a 501(c)(4) nonprofit corporation called Alaskans for Open Government, headed by local attorney Ken Jacobus. Alaskans for Open Government donated more than $80,000 of the campaign's $81,135 total income for the reporting period. Alaskans for Open Government doesn't have to report its income sources to APOC. At press time, Jacobus hadn't responded to a request to clarify his group's involvement with the Anti- Corruption Act. In Alaska, in the wake of the prosecutions of state legislators involved in the Bill Allen/VECO corruption scandal, how could one not vote for an initiative called the Anti- Corruption Act? That's what scares opponents of this measure —a coalition that so far includes labor unions, municipal associations, and the Alaska Chamber of Commerce. They've formed a group called "Stop the Gag Law" to campaign against the Anti- Corruption Act. The initiative is five pages long, and its primary intention is to keep public money out of the election process. It sounds fine on its surface, but the ramifications of the language in this initiative are exceptionally severe in limiting Alaskans' ability to participate in the political process, according to its opponents. The first part of the initiative stipulates that no public official, state employee, public body, school district, or candidate for office can use tax revenues or public money to lobby, campaign, or engage in partisan activity. That means, for example, that not only could Anchorage not hire a lobbyist to go to Juneau during the legislative session and advocate for state funds for the city, but the mayor couldn't 14 Printable Version Page 2 of 3 even make a phone call from his office to legislators asking for money (the telephone would constitute use of public money and tax revenue to lobby the lawmakers). Nonprofits who receive public money 1rr would be subject to the same restrictions —no ability to lobby the legislature for their causes. The second part of the initiative would prevent anyone who employs a former legislator or legislative staffer from receiving any government contract unless the legislator or staffer was two years removed from his or her public position. It also says that anyone with a no -bid or sole source government contract, along with an extensive list of their family members, would be prohibited from donating to candidates; this extends to collective bargaining agreements with labor unions, whose political action committees wouldn't be able to lobby or donate to campaigns if they hold government contracts. Heidi Verougstraete, co- president of National Ballot Access —a Georgia -based "petition drive management company," according to Sour...ceWatch.org —has been hired by Clean Team Alaska to campaign for the passage of the Anti- Corruption Act. Verougstraete says the Anti- Corruption Act is "aimed at pay -to -play activity between no -bid government contractors and politicians, so it makes a voluntary restriction in their contract with the state or any subsidiary organization, like municipalities or boroughs, that if they have a no -bid or sole source contract with the state of Alaska or any borough or city, that they will refrain from making political contributions of any sort, and that includes labor agreements." She admits it would prevent labor union PACs from contributing to political campaigns as well, but says that with the recent Supreme Court decision allowing corporations to make unlimited independent expenditures to influence campaigns, "I'm sure everyone will probably be participating in independent expenditures anyway." Opponents of the Anti - Corruption Act, of which there are many, are offended at the name of the initiative, which they believe is misleading. "The irony is that Bill Allen and the five or six legislators went to prison for a situation that, if this law passed, would increase the likelihood of that happening more," says Vince Beltrami, president of the Alaska AFL -CIO. "It would do nothing to dissuade people from doing what happened in the VECO case. The Anti- Corruption Act does nothing to fix that situation. But when people were signing the petitions, I think that's what they thought they were signing." Opposition to the Anti- Corruption Act has brought together a collection of organizations that ordinarily have disparate interests. "Strange bedfellows," Beltrami calls it, and Wayne Stevens, president of the Alaska Chamber of Commerce, which is almost always on the opposite side of any issue with labor unions, says, "That would probably be the understatement of the day." "It's such an egregious attack on people's First Amendment rights," says Joelle Hall, the AFL -CIO's political director. "I don't know how if you're an organization that is functioning in the community and doing good work, how you could support this. It affects nonprofits, for - profits, small business owners, big business owners, it goes out to reach everybody's family members —I can hardly conceive of anybody who's untouched by it." The campaign against the Anti - Corruption Act is just now assembling its coalition of organizations. Thus far, they include the AFL -CIO, the Alaska Chamber of Commerce, the Alaska Municipal League, 143 Printable Version Page 3 of 3 and the Southwest Alaska Municipal Conference. "It's a gag law; it has nothing to do with corruption or anti - corruption," says Kathie Wasserman, executive director of the Alaska Municipal League. "Municipalities would have no voice in how state government runs. It just shows how on the surface something can look like one thing, but you unzip it a little bit, you see it's pure stupidity." The money and Outside influence behind the Anti- Corruption Act is one reason the Alaska Chamber of Commerce has ballot initiative reform as one of its primary legislative priorities this year, according to the Chamber's president and CEO Wayne Stevens. "Quite frankly, it's things like this, this anti - corruption, misnamed gag initiative, that give us reason to be talking very strongly about the need to change ballot initiative processes," Stevens says. "Here's an out of state group, virtually no reporting requirements, blowing into town, spending money, paying to get signatures, nobody's ever heard of them, nobody knows how they presented the petition to people that signed it. `Are you against corruption ?' `Oh, I'm absolutely against corruption.' `Well, sign the petition.' But there's so much language in the petition that will basically shut down the ability of most citizens to gather in groups and advocate for positions and issues." Stop the Gag Law is still in the process of building its coalition, and according to Hall, the AFL -CIO's political director, "it's one of those rare times in the political world where 99 percent of the organizations and people involved in their community are going to be on the same side of an issue." "Nobody wants to see people abuse the system," Stevens says, "but when you throw a ballot initiative out like this under the guise of cleaning up corruption, and really hamstringing everyone's ability to petition government on a daily basis, it just seems a little bit overboard." bjk@anchoragepress.com 144 " l I l Inn* " 101"11 /1 I I 1 Al '1 rIn /1 ell 1A A ,,,AAAf /. _..a A 1 1 IN Alaska Anti - Corruption Act (2010) From Ballotpedia Jump to: navigation, search Contents [hide] • 1 Text of amendment • 2 Path to the ballot • 3 Support • 4 Opposition o 4.1 Arguments o 4.2 Organizations • 5 Timeline • 6 See also • 7 External links • 8 References The Anti - Corruption Act will appear on the August 24, 2010 primary election ballot as an initiated state statute in the state of Alaska. If passed, it would ensure that public resources from any source would not to be used or received to further any political agenda. The petition did not gather enough signatures to qualify for the 2008 election, therefore leaving the 2010 election as the next step. The Alaska Lieutenant Governor stated that the petition was properly filed on May 15, 2008, placing it before voters on the primary election ballot. The primary sponsors of the measure are Scott A. Kohlaas, Tonya A. Shuravloff and Robert Clift t 1E21 Text of amendment The beginning of the text of the amendment reads as follows: No public body, public officer, person in the employ of the state, any of its political subdivisions, any school district, or candidate for public office may, directly or indirectly, direct, permit, receive, require, or facilitate the use of tax revenues or any other public resources for campaign, lobbying, or partisan purposes, including payment of dues or membership fees of any kind to any person, league, or association which, directly or indirectly, engages in lobbying, campaigns, or partisan activity. No candidate, political committee, or political party may accept any contribution from any state, state agency, political subdivision of the state, foreign government, federal agency, or the federal government. A violation of this section is a Class A misdemeanor.0 Path to the ballot The Alaska Lieutenant Governor determined that the petition had gathered enough signatures and was properly filed. The signatures that must have been collected for the initiative to be considered for the ballot was 23,831. The group submitted the petition by the one year filing deadline of December 22, 2008. All citizen initiatives in Alaska are indirect initiated state statutes, therefore the measure was left for the Alaska Legislature to decide on the its status. Subsequently, the measure was placed on the ballot and will be decided by voters in August 2010. If the initiative was filed by January 15, 2008, it would have appeared on a 2008 ballot. Support According to the sponsors, the initiative would prohibit government contractors from contributing to political campaigns and hiring legislators or their staffers -- or even former legislators and aides who have been out of office less than two years. The Anti - Corruption Initiative also would prohibit spending any public money on any campaign, lobbying or partisan purpose.th The Committee to Stop Corruption is one of the groups that is in support of the measure. According to their website, the organization state their reasons for support: "Our state and federal politicians have blemished our good name and have given us a black eye in the national spotlight. Alaska politicians caught up in a web of special interest shakedowns and greedy scandals are looked on as the embodiment of everything wrong with politics today. "u Opposition Arguments • Opponents of the measure believe the title of "Anti- Corruption Act" is confusing and misleads voters. Vince Beltrami, president of the Alaska AFL -CIO stated that the the bill increases the chance of public officials, school districts, or public bodies using public money to campaign for partisan interests. The initiative prohibits such activity, but opponents say that the initiative would have a negative ripple effect, especially on nonprofit organizations and business owners. • According to a column published by the Anchorage Press: "...the mayor couldn't even make a phone call from his office to legislators asking for money (the telephone would constitute use of public money and tax revenue to lobby the lawmakers). Nonprofits who receive public money would be subject to the same restrictions —no ability to lobby the legislature for their causes." 1 NIS Organizations Organizations that have claimed opposition to the measure include: • The AFL -CIO • The Alaska Chamber of Commerce • The Alaska Municipal League • The Southwest Alaska Municipal Conference The AFL -CIO's political director, Joelle Hall, commented on his opposition to the measure, stating, " "It's such an egregious attack on people's First Amendment rights. I don't know how if you're an organization that is functioning in the community and doing good work, how you could support this." Timeline • October 22, 2007: Application was received in the Alaska Lieutenant Governor's Office with copies sent to the Department of Law and Division of Elections. • November 1, 2007: The Division of Elections determined that there were a sufficient number of sponsor signatures. • December 19, 2007: The application was certified by the Lt. Governor. • December 21, 2007: Petition booklets were issued to the sponsors. • December 22, 2008: The one year filing deadline for this petition. • April 4, 2008: Not enough signatures were gathered by this deadline to qualify the petition for 2008 election ballot. Supporters then continued their petition drive to qualify for the 2010 ballot. • May 15, 2009: Lieutenant Governor deemed petition was properly filed, sending the measure to the primary election ballot. r I47 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING SPONSORSHIP FOR THE CHAMBER OF COMMERCE'S ANNUAL SILVER SALMON DERBY FOR AN AMOUNT OF $5,000.00 WHEREAS, the Chamber of Commerce hosts the Annual Seward Silver Salmon Derby every August; and WHEREAS, this highly successful event brings people into Seward from all over the country; and WHEREAS, with the sponsorship from the City of Seward for $5,000.00, this amount would go towards the first place prize of $10,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council authorizes the amount of $5,000.00 to be paid to the Chamber of Commerce for the 2010 Seward Silver Salmon Derby. $2,500.00 is hereby appropriated from the mayor and city council contingency fund account no. 101 - 1120 -5690 and $2,500.00 is hereby appropriated from the city manager's contingency fund account no. 101 - 1120 -5690 Section 2. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 12 day of April 2010. THE CITY OF SEWARD, ALASKA Jean Bardarson, Vice Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) 148 Agenda Statement Meeting Date: April 12, 2010 j o f se To: Phillip Oates, City Manager From: Nanci Richey, Administrative Assistant, City Clerk's Office q Aso" Agenda Item: A request for $5,000.00 for the sponsorship of the Chamber of Commerce for the Seward Silver Salmon Derby. BACKGROUND & JUSTIFICATION: The Seward Chamber of Commerce has hosted the Silver Salmon Derby in August for many years. The City of Seward's support of $5,000.00 will cover half of the first place prize of $10,000.00 INTENT: To assist with the sponsoring of the 2010 Seward Silver Salmon Derby. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: FISCAL NOTE: $2500.00 appropriated from the city manager contingency fund account # 101- 1120 -5690 $2500.00 appropriated from the mayor and council contingency fund account # 101 -1110 -5690 Approved by Finance Department: Xz J�2 ATTORNEY REVIEW: No RECOMMENDATION: City Council approve Resolution 2010 -035, sponsoring the Seward Silver Salmon Derby with a payment of $5,000.00. 14 Seward co taste, Szart-sp 1 "°` RECEIVED MAR 0 3 2010 Seward Chamber of Commerce OFFICE OF THE Conference and Visitors Bureau CITY CLERK 2 March 2610 Mayor Willard Dunham PO Box 167 Seward, AK 99664 Dear Mayor Dunham, First of all, thank you for your tremendous support of The Seward Silver Salmon Derby. As a part of our Chamber mission to support our members in maintaining a diversified economy and a positive place to live and do business, we continue to produce and cultivate highly successful programs and events such as. The Mt. Marathon Race® and Seward Silver Salmon Derby ®, as well as numerous marketing programs and business activities that enrich our town and foster economic stimulation. Our highly successful events and programs rely on a foundation of sponsorships from many businesses, from local Mom and Pops outfits to large corporations. We feel that our events and programs can only continue to' succeed and grow if we embrace a changing economic environment and change along with it. We are happy to tell you that in 2009 we sold more Derby tickets that ever before and anticipate another great Derby in 2010! { We are hopeful that The City of Seward will again be able to provide their generous sponsorship of $5,000, which is half of the First Place cash prize. Thank you in advance for your continuing support and for helping us to ensure we succeed well into the future, Sincerely, Giscc{� Gtock. Cindy Clock Public Relations & Programs. Coordinator PO Box 749, Seward, Alaska 99664 907 - 224 -80,5k n events @seward.net Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -037 A RESOLUTION OF THE SEWARD CITY COUNCIL OF THE CITY OF SEWARD, ACCEPTING A GRANT FROM THE STATE OF ALASKA IN THE AMOUNT OF $167,000 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH FIRST STUDENT INC. (FIRST STUDENT) FOR SEASONAL TRANPORTATION SERVICES FOR AN AMOUNT NOT TO EXCEED $95,025 AND APPROPRIATING FUNDS WHEREAS, the Department of Commerce, Community, and Economic Development, Division of Community and Regional Affairs awarded a grant to the City of Seward for Bus Transportation Assistance for Cruise Ship Passengers in the amount $167,000; and WHEREAS, this grant was provided for the transportation costs associated with transporting cruise ship passengers within the City of Seward including but not limited to coaches, luggage trucks, salaries, insurance, fuel, repairs and maintenance; and WHEREAS, in accordance with Seward City Code 6.10.310 the City of Seward submitted a request for proposals on March 4, 2010 for providing Seasonal Transportation Services; and 4rirr WHEREAS, First Student Inc. was the successful proposer earning the most points with the grading criteria approved by the Seward City Council; and WHEREAS, First Student's proposal exceeded available grant funding for the services and, as allowed by the request for proposals and the Seward City Code, they were invited to enter into negotiations with the City of Seward; and WHEREAS, First Student agreed to enter into a contract to provide transportation services for one year instead of two, with a contractual option of a one year extension if funding becomes available; and WHEREAS, these services will facilitate the flow of visitors around the City of Seward during the summer months to maximize the Seward experience and provide a means to assist cruise passengers transport their luggage between the Dale Lindsey Cruise Ship Terminal and the Alaska Railroad Depot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into a Grant Agreement with the Department of Commerce, Community, and Economic Development, Division of Community 151 CITY OF SEWARD, ALASKA RESOLUTION 2010 -037 and Regional Affairs for the seasonal transportation services, and to accept grant funds in the amount of $167,000 to the Seasonal Transportation Fund number 805- 8051- 4680 -0200. Section 2. The City Manager is authorized to enter into a contract with First Student Inc. to provide Seasonal Transportation Services for a cost not to exceed $95,025. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12th day of April, 2010. THE CITY OF SEWARD, ALASKA Jean Bardarson, Vice -Mayor AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Jean Lewis City Clerk, CMC (City Seal) 1 5? Council Agenda Statement Meeting Date: April 12, 2010 a 4 0c St-1/4, Through: Phillip Oates, City Manager •;`!'t From: Christy Terry, Community Development Director Agenda Item: Accepting a grant for Seasonal Transportation qC P Services. BACKGROUND & JUSTIFICATION: In September 2009 the Department of Commerce, Community and Economic Development Division of Community and Regional Affairs awarded a grant to the City of Seward for Bus Transportation Assistance for Cruise Ship Passengers in the amount of $167,000. These services will facilitate the flow of visitors around the City of Seward during the summer months to maximize the Seward experience and provide a means to assist cruise passengers transport their luggage between the Dale Lindsey Cruise Ship Terminal and the Alaska Railroad Depot. In accordance with Seward City Code, on March 4, 2010 a two week request for proposals was issued requesting proposals from qualified firms to provide transportation services to cruise ship passengers and other visitors, between the Seward Cruise Ship Port, the Alaska Railroad Seward Depot, the downtown business district, and the Seward Small Boat Harbor during the 2010 and 2011 summer tourism season from May 15, 2010 through September 16, 2010, and then approximately equivalent dates in 2011. Two addenda were issued during this time. Two proposals were submitted by the deadline, were judged responsive and reviewed by the selection team using the criteria approved by Council. First Student Inc. obtained the highest points and is the selection team's recommendation as the transportation services firm. The selection criteria approved by Council and rated by the selection team is as follows: Age, condition, quality ofcoaches 20 %; Customer Service 20 %; Safety Record 20 %; Seating capacity and ADA accessibility 10 %; and Cost 30 %. However, both of the two proposals exceeded available grant funding for the services. The request for proposals allowed for, in the event that proposals exceed available funding for the services, the proposer with the highest total evaluation points could be invited to enter into negotiations with the City of Seward. The City of Seward chose to pursue this option, and during the negotiations with First Student the scope of services was reduced to providing transportation services for one year instead oftwo. These services are still based on approved standards and instructions as specifically described in the request for proposal, and will be provided during the period of May 15 through September 16, 2010 for the proposal amount of $95,025. If funding becomes available, then there is an optional one year extension in the contract to resume the service during a period with approximately the same calendar dates and duration during 2011 for an additional $99,776. There were a total of six plan holders for this rfp. Two other plan holders issued letters declining to submit proposals. One declined because the company considered it wrong to operate vehicles in a public transportation capacity with private advertising and had no equipment without their company's So.. name and logo. Another declined because the owners were out of the country and were unable to meet the time constraints ofthe proposal and the City's policy and proposal stipulation to not accept faxed proposals. 5 INTENT: This resolution proposes to achieve three objectives: 1) Accept the grant from the Department of Commerce, Community and Economic Development Division of Community and Regional Affairs awarded for Bus Transportation Assistance for Cruise Ship Passengers in the amount of $167,000; 2) Approve a contract with First Student Inc. for 2010 Seasonal Transportation Services for a price not to exceed $95,025, and within this contract is the potential for a one year extension should additional funding become available for an added price not to exceed $99,776; and 3) Obtain Council approval for the appropriation of funds. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: Designated Legislative Grant Program Grant Agreement State of Alaska, City of Seward request for proposals for a seasonal transportation services contract and instruction to proposers dated March 4, 2010 with addendum 1 and 2. FISCAL NOTE: This grant does not require any matching funds and the amount of the payment is based upon project expenses incurred as authorized under the agreement. The one year contract with First Student is within the grant funds at a not to exceed $95, 025 and includes a potential one year extension should additional funding become available. These additional funds must come back to Council for appropriation. Approved by Finance Department: S1 ATTORNEY REVIEW: Yes. The City Attorney assisted with the original drafting of the request for proposals and was consulted during the negotiation process. Nord RECOMMENDATION: Approve Resolution 2010 -037 Accepting a grant from the State of Alaska in the amount of $167,000, authorizing the City Manager to enter into a contract with First Student Inc. for Seasonal Transportation Services for an amount not to exceed $95,025 and appropriating funds. 154 Professional Services Agreement with %raw First Student, Inc. for Seasonal Transportation Services and Related Services This AGREEMENT, made and entered into this 13 day of April, 2010 by and between the CITY OF SEWARD, a home rule municipal corporation located within the Kenai Peninsula Borough and organized under the laws of the State of Alaska, hereinafter referred to as the "City" and First Student, a corporation authorized to do business in Alaska, with offices located at 201 NE Park Plaza Drive, Suite 240, Vancouver, WA, 98684, hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the City of Seward wishes to enter into a contract with an independent contractor to provide transportation and other services in Seward, Alaska; and WHEREAS, in response to a request for proposals, First Student, Inc. submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit A — First Student proposal dated March 18, 2010 Exhibit B -- City's request for proposals dated March 4, 2010 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "City" shall all mean the City of Seward, Alaska. 1.4 "Contracting Officer" shall mean Community Development Director Christy Terry, and include any successor or authorized representative. 1.5 "Project" shall mean the transportation, and other tasks related to the transportation of cruise ship passengers and other visitors between the Seward Cruise Ship Port, the Alaska Railroad Depot and the downtown business district in Seward, Alaska, as further described in the City's Page 1 of 9 155 request for proposals issued March 4, 2010. 2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution. This ` Agreement shall remain in full force and effect until the Project has been completed and further, until all claims and disputes have been concluded. The work is considered complete when the City has received and found acceptable the finished product of all work described in 4.0 Scope of Services or changes thereto. This date is not necessarily the Completion Date as described in 5.0 Completion Date. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. The following all- inclusive rates shall be paid for the 2010 Seasonal Transportation Services for 2010: May 22, 2010, $5,250; June 26, 2010, $26,250; July 24, 2010, $22,050; August 21, 2010, $21,525; September 16, 2010, $19, 950 totaling $95,025. 4.0 SCOPE OF SERVICES. The City and Contractor have agreed upon a scope of work described in the Contractor's proposal, Exhibit A, to provide transportation services based on approved standards and instructions as specifically described in Exhibit B during the period of May 15 through September 16, 2010. If funding becomes available, then there is an optional one year extension to resume the service during a period with approximately the same calendar dates and duration during 2011 for $99,776.00. This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement. 6.0 SCHEDULE FOR COMPLETION. The schedule for completion for all work described herein shall be as follows: seasonal transportation services shall be provided from May 16 through September 16, 2010. 6.0 PERSONNEUORGANIZATION 6.1 Key Personnel. Work and services provided by the Contractor will be performed by: Regional Operations Manager Tom Hyatt Contract Manager Rebecca Johnson Operations Supervisor Sandra Roach 6.2 Changes in Key Personnel. The Contractor shall give the City reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the City to evaluate the impact of such substitution on this Agreement. No Page 2 of 9 substitutions or other changes shall be made without the written consent r.., of the City. 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required professional services to complete the project and any additions or changes thereto. The Contractor accepts the relationship of trust and confidence established between it and the City by this Agreement. The Contractor covenants with the City to furnish its best skill and judgment, and to further the interest of the City at all times through efficient business administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder required professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. Contractor's failure to meet any such deadlines or required performance may adversely imperil other contractual obligations of the City. 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the City, or the service which may be in effect now or during performance of the services. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold and save the City, its officers, agents and employees harmless from any claims or liability of any nature or kind including costs and expenses (including attorneys' fees), for or on account of any and all legal actions or claims of any character whatsoever alleged to have resulted from injuries or damages sustained by any person or persons or property (including contract rights or intangible assets) and arising from, or in connection with, performance of this Agreement, and caused in whole or in part by any negligent act or omission of the Contractor; provided, however, that this paragraph shall not be construed so as to require indemnification of the City from such claims, damages, losses, or expenses caused by or resulting from the sole negligence of the City. 11.0 INSURANCE. The Contractor understands that no City insurance coverage, including Workers' Compensation, are extended to the Contractor while completing the terms of this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement or any work on any phase of the Project Page 3 of 9 1 57 until the Contractor provides the City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any vvid extension or renewals thereof must contain the following provisions or endorsements: a. City is an additional insured thereunder as respects liability arising out of or from the work performed by Contractor of City of Seward. b. City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c. Insurer waives all rights of subrogation against City of Seward and its employees or elected officials. d. The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. Upon request, Contractor shall permit the City to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The minimum amounts and types of insurance provided by the Contractor shall be as set forth in Exhibit B, subject to revision at the City's request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor and its subcontractors pertaining to this Agreement. The originals of all material prepared or developed by the Contractor or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the City when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the City hereunder, be delivered to the City upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Contractor included in this project will remain property of the Contractor. Copies will be made available to the City upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 14.0 PATENTS. TRADEMARKS. AND COPYRIGHTS. The Contractor agrees to Nod Page 4 of 9 158 defend, indemnify, and save the City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the City a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0 NONWAIVER. No failure of the City or Contractor to insist upon the strict perfor- mance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred, shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETY /PERFORMANCE. The Contractor shall perform the work in a safe and workmanlike manner. The Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Suspension. This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the City terminates this Agreement it will pay the Contractor a sum equal to the percentage of work completed and accepted by the City that can be substantiated by the Contractor and the City, offset by any amounts owed to the City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspension or Termination. The City may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish and which would have been compensated but because of the termination or suspension would have to be absorbed Page 5 of 9 . 5 9 by the Contractor without further compensation. 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the City or its Representative, the Contractor shall: a. stop work performed under this Agreement on the date and to the extent specified in the Notice; and b. transfer title to the City (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the City's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, martial status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the City. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. Page6of9 i i 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage, Alaska. 26.0 CHANGES IN SCOPE OF WORK. 26.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Contractor do any work or furnish any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and /or omissions by the Contractor, will be done at the sole expense of the Contractor. 26.2 Changes in Scope of Work. The City or its representative may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work. 26.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 26.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the City or its Page 7 of 9 1 representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 25.0 of this Agreement. 27.0 LIMITATION OF FUNDS. 27.1 At no time will any provision of this Agreement make the City or its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the City Council and obligated for expenditure for purposes of this Agreement. 27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 27.3 Nothing in this Section shall affect the right of the City under Section 17 to terminate this Agreement. 28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the City or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. ``. 29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: City of Seward Christy Terry Community Development Director First Student, Inc. PO Box 167 201 NE Park Plaza Drive Seward, Alaska 99664 -0167 Vancouver, WA 98684 Page 8 of 9 162 IN WITNESS WHEREOF, the parties have executed this Agreement. City of Seward f � f_�C� D By: Phillip Oates : Mark Elias Title: City Manager Title: Region Vice President Date: Date: April 6, 2010 ATTEST: Jean Lewis, CMC City Clerk "' (city seal) Page 9 of 9 First Student 201 NE Park Plaza Drive Suite 240 Vancouver, WA 98684 Tel: 360 896 9500 March 18, 2010 Ms.Christy Terry Contracting Officer City of Seward P.O. Box #167 Seward, AK 99664 RE: Request For Proposal (RFP) for a Seasonal Transportation Services Contract Ms. Terry, Nei In submitting this proposal, First Student, Inc. acknowledges that it has analyzed, computed and decided independently, without collusion, under penalty of perjury; and that the offer will remain open and valid for at least 60 days from the date of the opening. _ Sr. Vice President - West 1 6 `'± A FirstGroup America Company www.firststudentinc.com CERTIFICATE OF RESOLUTION OF THE BOARD OF DIRECTORS FIRST STUDENT, INC. I hereby certify that I am the duly appointed Secretary of First Student, Inc. and the following resolution was duly adopted by the Board of Directors at a meeting thereof. WHEREAS, First Student, Inc. is in the business of school bus transportation; WHEREAS, in order to expediently submit bids to perform school bus transportation services, corporate executives are required to be empowered to lawfully bind the corporation to its bids; NOW THEREFORE BE IT RESOLVED, Cal Hull, Region Vice President, has the authority to execute and deliver such documents, instruments, contracts, or other matters necessary to bind the corporation to any proposal, contract, bid document, correspondence or any document or instrument whatsoever necessary to bind the corporation to a bid, proposal or contract for the provision of school bus transportation services and any related services. ,/". Daniel R. Beerck, Asst. Secretary - CORPORATE SEAL - 16 Company Profile .� Furst <i Stud . FirstGroup plc. and FirstGroup America Inc. First Student, Inc. is part of FirstGroup America, the North American operation of FirstGroup plc. FirstGroup plc is a $10.6 billion global transportation company with a vision to transform travel by providing public transport services that are safe, reliable, high quality, personal and accessible. From high -speed passenger trains and public transit to fleet maintenance and mobile technology, FirstGroup employs more than 130,000 people worldwide, with 96,000 employees in our North American operation. FirstGroup America Inc. is the leader in safe, reliable, sustainable transportation and is the largest provider of surface transportation services in North America. Our company owns and /or operates over 70,000 school and transit buses, and maintains many more vehicles in over 1,100 locations in the United States and Canada. In addition to First Student, FirstGroup America includes: First Transit, Inc. First Transit is the largest public sector provider of transit services _ z in North America, transporting over 160 million passengers each year We provide fixed route operations, transit management a p , services, paratransit and shuttle services, (including city, employee and university shuttles) call center operations, bus line inspections, consulting and more. Greyhound Greyhound is the only provider of national scheduled inter -city bus — services in North America, transporting over 22 million passengers each year covering over 6.2 billion passenger miles. We serve over 3,800 locations, meeting the needs for regional and long distance '---- travelers across the United States and Canada. First Vehicle Services First Vehicle Services maintains over 55,000 vehicles and pieces of equipment throughout the US. Our fleet management and maintenance solutions assist public and private sector markets including regional transportation, food & beverage, petrochemical, utility and telecommunications companies. 1 6 6 5 © Copyright by First Student, Inc. 2010 Company Profile � First r % Student First Student, Inc. operates its transportations businesses in Alaska under Alaska Business License #161226 (sub category 48: Transportation and Warehousing). We provide pupil transportation services for ten (10) school districts in Alaska from Ketchikan to Fairbanks and from Copper River to Kodiak, including the Kenai Peninsula Borough School District. First Student provides an employee shuttle utilizing motorcoaches and vans to and from the Pogo Gold Mine from our Delta and Fairbanks locations. We also provide a variety of transportation services in Kodiak from our Location there. Of special interest to the City of Seward is our transit and tourism specific service in Kodiak. For the past ten (10 years we've operated the Kodiak Area Transit System (KATS) for the City of Kodiak and then the Senior Citizens of Kodiak, Inc. In addition to the transit and pupil transportation services provided in Kodiak, we've developed a thriving tourism and visitation services business. In Kodiak for the past several years, we have provided services to several cruise ship companies who have used Kodiak as a port-of -call. You will find letters of reference from some of our many Kodiak customers in the Customer Reference section. In 2003 the City of Valdez put out an RFP for the Downtown Shuttle Service. This service was almost identical in scope to what the City of Seward is requesting. We were the successful proposer and provided visitor transportation services that summer within the City of Valdez and including the Valdez Airport. First Student has been the provider of transportation services for the Arctic Winter Games most recently held in Kenai /Soldotna and also several years ago in Fairbanks. We've provided transportation services for Elder Hostel throughout Alaska over the years and provided visitor transportation services for the National Park Service (NPS) in Denali Park (through our Laidlaw acquisition) and some private Lodges in the Park back in the Kantishna gold mining area. We look forward to applying our experience and knowledge to the project at hand for the City of Seward. 17 6 © Copyright by First Student, Inc. 2010 Corporate Capabilities First �_ Stud Corporate Capabilities First to Develop Many Industry "Best Practices Our Commitment First Student, Inc. is committed to assisting the City of Seward in your goal for providing pleasant and efficient transportation services for your summertime visitors. We believe our reputation and record of performance in the industry clearly demonstrate our ability to meet these commitments. We deliver more than the elements written into the contract. We deliver peace of mind and our commitment to your success. Our Resources Transportation is both a people and equipment dependent service with operating demands exclusive to the industry. First Student will effectively manage these demands by providing the City of Seward with a skilled and experienced, locally -based team supported by a national network of seasoned transportation professionals. With more than 68,000 people operating a fleet in excess of 60,000 buses, we leverage significant economies of scale, capital investment opportunities, operational experience and systems expertise. In short, our network of resources enables us to develop and implement solutions for your unique transportation challenges. o9 Our safety practices have been recognized by the National Safety Council „OM $ . ~` < FirstGroup plc, the parent company of First Student, received the 2009 C ,kie w Green Cross Safety Medal from the National Safety Council (NSC), outic the highest award for safety in North America. Making our World Safer' Innovations by First Student and FirstGroup America • Developed and tested numerous vehicle specifications that were industry firsts. First Student was instrumental in creating new industry standards, including longer lasting brakes, improved mirror systems, better wheels and tires, low- maintenance engine components, etc. • Created one of the first nationwide Safety Lifestyle Cultures in the private sector. First Student's Injury Prevention program promotes compliance to safety at all levels in our company. • Implemented one of the industry's first automated shop maintenance systems. First Student's system improves fleet performance, repair efficiency, and vehicle reliability. © Copyright by First Student, Inc. 2010 168 8 Corporate Capabilities may_ -- w First ei Student • Sponsored the development of video training programs on Braking Systems and Effective Braking Techniques, which is now available to all transportation providers nationwide. • Created one of the industry's first national recruitment efforts to ensure we always have a full staff of skilled drivers. • Developed one of the industry's first strategies for preferred employer status, to maintain and foster positive labor /management relations. Safety Culture At First Student, we believe that providing safe, reliable transportation is the single most important commitment we can make to you and your community. We are committed to safety not because we need to be, but because we want to be. In fact, our commitment to safety is so important to us, we combine up -to -date, safe and reliable equipment with the most professional and skilled employees in the industry to ensure that our passengers enjoy the safest ride possible. Over the years, First Student has earned an award - winning reputation for providing safe, reliable Slow transportation in the United States and Canada. Our safety record is among the best in the industry and we continue to develop new ways to raise our safety performance standards even higher. With an emphasis on three interdependent areas — training, equipment, and operations —First Student continues to lead the industry in providing the safest possible student transportation. Employees ._ Outstanding performance requires employees who are willing { to go that extra mile each and every day. As a service - – Y � S oriented company, First Student is committed to recruiting,"' retaining and rewarding the most dedicated and professional employees in the industry. We expect our employees to be courteous, knowledgeable, and professional. In return, we provide incentives and rewards that reflect the pride they f take in their jobs. r Driver Selection Safely transporting passengers is the most important job at First Student. Recruiting qualified, talented, and responsible drivers is a critical element in providing the safest possible student transportation. Ultimately, a top quality workforce improves safety performance. 1 © Copyright by First Student, Inc. 2010 i "3 9 Corporate Capabilities `,_ First • Studel Because the safety of our passengers is our top priority, we have developed a system designed to recruit and retain the best possible drivers. The result is a safety and customer service oriented staff of highly qualified drivers. Training First Student's reputation for providing the industry's safest transportation was built on our dedication to teamwork and continuous training. We have comprehensive safety training programs for each link in the student transportation chain. • 17 0 © Copyright by First Student, Inc. 2010 10 Customer References First rip Student Enclosed you will find three (3) letters of reference regarding the visitor transportation services and the transit services that we provide on Kodiak Island. - Pat Branson is the Executive Director of Senior Citizens of Kodiak, Inc., our customer in providing the transit services in Kodiak for the past ten (10) years. Pat's business address is 302 Erskine Ave., Kodiak, AK 99615 and she can be reached at (907) 486 -6181. r Princess Cruises has been our customer in Kodiak since their first cruise ship visited Kodiak in 1998. We have worked closely with Kirby Day from the beginning and have had a mutually beneficial working partnership ever since. From the inception of our visitor transportation services in Kodiak, we have had a close working relationship with the Kodiak Island Convention & Visitors Bureau. Enclosed find their letter of reference which explains how we have performed over the years. In addition to the letters of reference, we can suggest two additional contacts for evaluation of the services that we've provided in Kodiak. The first is Daniela Kuhn with All Alaska Tours who can be reached at (907) 272 -8687. The second is Ted Kenefick with Zegrahm & Eco Expeditions who can be reached at (800) 628 -8747. We very much would like to work with the City of Seward for the provision of visitor transportation services. We believe that these industry references will support our service first attitude. 17 1 © Copyright by First Student, Inc. 2010 11 Sod March 14, 2008 To Whom It May Concern: Senior Citizens of Kodiak, Inc. (SCOK) has contracted with Laidlaw and now First Student Services to operate Kodiak Area Transit System (KATS) since August, 2000. KATS is a coordinated transit system that serves Alaska Mental Health Trust beneficiaries, seniors, nursing home residents, welfare to work participants, developmentally disabled, Kodiak Area Native Association (KANA) beneficiaries, college students, low income residents and vocational rehabilitation clients. The door to door service is a major factor in Kodiak residents in the above categories being able to live independently with honor and dignity. The Laidlaw/First Student drivers are attentive, friendly and provide the utmost in safety for transportation services. KATS is a door to door service and for many of its riders, escort service is necessary to the inside of the person's home. KATS is also a public transit service in the morning and evenings and we blend this service very well. SCOK is pleased with our contract and especially the service Laidlaw/First Student has provided us but most importantly the people who use the system. Reports are always on time, staff is very willing to work through problems and resolve them in a very timely manner and business is conducted very professionally. If you have any questions regarding SCOK relationship with Laidlaw/First Student, please do not hesitate to contact me. Sincerely, Patrician Branson Executive Director Nod Aop- - s March 17, 2010 To Whom It May Concern: Princess Cruises utilizes the services of First Student in Kodiak for our summertime cruise ship calls. First Student provides quality guides and transportation for our passengers as they travel around Kodiak on tour and/or riding shuttle buses to and from the port area. First Student has an excellent safety record with Princess and our guests 'l.w seem to enjoy their visit and the tour services provided by this company. Sincerely, S. Kirby Day, III Princess Cruises Director 704 S. Franklin Juneau, AK 99801 (907- 463 -3900) 17 - • • - _ � a _ Es,ze i � 1 � .. - • 4. _ �x. • . .. itst} Tton,- twn $7��M,3�JB4r� }i . S March' 16, 2019. TO Whom:It May Concern: . The Kodiak 'Islari l Convention a0d visitors Burea :is. le d a ate a letter of recommendation for. Jfaska;. pto aches;. dba f first S First Student.b s. •consi provided Vice _to the. t ..i y on. 1Kodiak;Island Without fail" irst.Student is. i stte, on tripo d w 1 or . r.. f h•. ruise:.ship port • call. throughout the year: drivers a re fr ith ! :and: l var a irr tYie natal and: • cultural history afthe i nd:and a le eager t re the eo t rlth visitor 10 the • islaind They provide well inanritaiucd and clea n velrec c T to he..islaaid `aid offer safettransport to #rom local.attractiQns t From a plane g . erspecti e, First tudent ns very r to'the,needs of th e :c i s e. . • industry and the..tourts ;indtistr �s:we seek to eve ►p !:. ro grains:tliat *l1'lbetter serve visitors to ur isla ld. ? We are happy to hold First Stti dent as a Tang t t e ibe d ials island.: • Convention and visitors Bureau and; cider the zt partner i . t i tourism u�di stry. Kodiak. • If you have any iaestioi s, feel free fo give fine a 1f .; Siaeerely; - ' , . J • uck g ] ' CI ' .. I - tive: • •K' dia tstand.:Conv & tfr.a�. ar Bureau 100 Marine' Way, Kodi ak, Alaska 9Q15 0 907 -4.$6 4782 l= UC9G7 -4$ _ = htt:�fwvs►rrd k ©disk: e m rsit�kr�t#iak or • i1 Staffing Your Location First f% Student Staffing Your Location Rigorous Qualification Screening and Training First Student's employees are our single greatest asset and the main reason we are able to provide you with top quality transportation. One of our highest priorities is to attract, recruit, hire, manage and retain high quality employees whose focus is excellent customer service. To punctuate our focus on quality staffing we put together the following list of affirmations and commitments: At First Student: • Safety and hiring standards will not be compromised. • Staffing is a continuous process and will be aggressively pursued. • Management is directly responsible and wholly accountable for the staffing effort and end result. • Total employee involvement and commitment is critical. • Management will actively promote a safe and pleasant environment that inspires a climate of trust, respect, integrity and honesty. • Management will provide employees with direction, expectations, training, performance feedback, recognition and support. • Our employees are the most critical element to First Student's success. Local Staff: Management and Personnel Non-Driver Staffing First Student proposes to staff your operation as follows. Sandra Roach Operations Supervisor Operations Supervisor First Student's service team is directly responsible for all day -to -day operations at the location. Your Operations Supervisor will be the focal point for all services that are delivered to the City of Seward and will represent the primary contact for your designated contract administrator on all day -to -day operational matters. © Copyright by First Student, Inc. 2010 175 16 Staffing Your Location Furst riir Stud Management responsibilities include: • Managing all staff and drivers to meet daily customer requirements and satisfy customer expectations • Serving as the primary contact for city's administration • Ensuring that all required performance reports are submitted to the City of Seward • Overseeing the company's effective response to emergency situations • Screening, hiring, training and counseling drivers • Leadership of the location's safety plan and efforts • Fleet planning, routing, and maintenance oversight • Adhering to company policies and procedures in all areas and ensuring compliance with all customer, state and federal requirements • Ensuring First Student services are operating as planned and according to contract requirements © Copyright by First Student, Inc. 2010 17 Our Safety Approach First r % Student Our Safety Approach Safety is Our Guiding Core Value Safety is an integral part of First Student's culture and a way of life for our employees. Our safety approach focuses on the prevention of all injuries and collisions and is reinforced through participation and ownership at all levels. Our Safety Approach Promotes: • A safe secure ride for passengers. Every employee's chief focus, every day. No compromise. • A superior quality of service and increased productivity. Safety and quality go hand in hand. • Positive community goodwill. Buses are a visible point of contact within your community. First Student's award winning safety record and courteous transportation service yields positive community goodwill. • Peace of mind. Everyone will enjoy freedom from worry knowing your passengers are safe and secure on their daily trips with our highly qualified staff and commitment to customer service. FirstGroup Safety Award Our parent company, FirstGroup America, was awarded the National 1 ` w� Safety Council's 2009 Green Cross for Safety Medal. This is the T °` ° �, highest award for safety in North America. ouNts Making our World Safer= The National Safety Council (NSC) is a non - profit organization that serves as the nation's leading resource on industry trends, professional development and strategies for advancing safety and health programs and practices. The NSC is dedicated to keeping people safe by preventing injuries and death through leadership, research, education and advocacy. Each year the NSC awards the Green Cross for Safety Medal to an organization that demonstrates a steadfast commitment to improving safety and health in the •, workplace, its community, and through safety leadership demonstrated by its CEO. © Copyright by First Student, Inc. 2010 1 30 Our Safety Approach First re Stud Safety Record First Student has earned an exemplary reputation for providing safe, reliable transportation in the United States and Canada. In fact, our safety record is one of the best in the North American transportation industry and we are constantly developing new ways to raise our safety performance standards ever higher. Corporate Safety Commitment Ensuring the safety of our passengers and employees is First Student's core value and moral obligation. We invest -..� our time and money creating and implementing effective safety training programs, materials, tools and incentives. Our totally committed, safety - conscious organization would ter '` not exist without the dedication of each and every employee, from our CEO to our drivers and mechanics. "If you cannot do it safely, don't do it!" This is the primary message throughout our entire organization. Our culture empowers everyone to work safely at all times, to stop immediately if they feel a safety issue exists and to report it so solutions to correct the problem or issue may be generated. To support this safety culture, we combine up -to -date, safe and reliable equipment with the most professional and skilled employees in the industry who participate in monthly in- service refresher training. All of these components work together to ensure our student transportation is as safe as it can be. We are committed to safety, not because we ought to be, but because we want to be." Linda Bell President, First Student Inc. ` © Copyright by First Student, Inc. 2010 31 Our Safety Approach - ':. i-Z - First rii Student Employee Awareness Programs include: i Injury Prevention - Is an ongoing employee safety awareness and injury prevention program based upon our ten Injury Prevention principles. Awareness is reinforced constantly, throughout the year with 'active caring' safety conversations. All employees receive Injury Prevention training and a handbook to engage them actively in the process. Safety awareness wrist bands are used to remind employees to be safe. • Red Light Alerts - Our `red alert' posters warning 1 F i y- _ FW t C ? • 1 .� � •fi r l en . drivers to be on the alert. Red Light Alerts are sent ; Il TIN out to all locations in response to trends or patterns 1 f AY t T we find in near misses and /or bus incidents we've ` P become aware of - including those that do not involve r ,- :: , - ` y First Student. These alerts are produced by our ; i- 1 corporate safety team. They are reviewed and S discussed with all staff, posted in employee common areas and bulletin boards, copied and distributed to all drivers and used as a topic in `safety conversations'. i We believe in learning from everyone's experiences I "` H ' o<r us.: vR a ` 3 .�n*C.E. and improving our safety operations as a result. i 1■1, Prevon8en Safety 24/7 is Off the Job - A program teaching employees how to stay safe and keep p their families safe while off the job. We created this program in partnership with the National Safety Council whose data shows that 91% of fatal accidents in the U.S. 'nj�ry Prevention F�rst and 69% of non -fatal injuries occur off the job. Safety 24/7 Employees are 8 times more likely to be killed on .�M. their own personal time than on the job and are I - -, , twice as likely to suffer injury away from the ' b workplace. First Student created this program because we believe it is the right and responsible Y thing to do - to educate and encourage our ,." employees to be safety aware for themselves and R ��5s °5� „ada�; their loved ones. 1 © Copyright by First Student, Inc. 2010 34 ,rirr.rrr.. Fleet x p Furst Stud .. Fleet Fleet Overview We intend to offer a fleet of buses that will meet the requirements of this transportation service. The first unit is a 1990 airporter type tour bus that we have in service currently in Kodiak. We intend to utilize this bus at the beginning of the service calendar and then again at the end of the service calendar. It is a 22 passenger unit and we feel that it would have adequate passenger capacity while the service is starting up in May and declining in September. It is equipped with inside luggage storage and is also equipped with a PA system. See attached pictures. We propose to utilize some units from our school bus fleet for the bulk of the transportation services calendar during the summer and whenever cruise ships are in port. These units are 2007 Bluebird All- American transit style buses. We can provide up to four (4) units that have extended legroom for adults and have a capacity for up to 53 passengers. These units are equipped with and interior and exterior speakered PA system. The interior system will be useful in providing directions and destination alerts, as well as answering questions and providing information about Seward and the area. The exterior speaker will be useful for giving direction to those outside the coach. The seating No d will be more than adequate for the short rides anticipated with this type of transportation system. These units are also equipped with side underbody luggage compartments. For passengers requiring wheel chair accommodation, we have two (2) of the 2007 Bluebird All- Americans equipped with a wheel chair lift. These units are identical to the above but with less seated capacity due to the wheelchair lift and tie downs. They do have a track system which allows for multiple wheel chair tie downs and reconfiguration of the seated capacity. • All of the above units are in excellent condition. We intend to placard these units with magnetic signs (front, rear and sides) notating that they are the Seward Shuttle buses. These magnetic placards can also be utilized for local advertising should the City choose to offer this service. If the City should choose to allow local advertising with brochures, we can provide inside brochure holders. Please see depictive pictures of the units that we are proposing. Noid 180 35 © Copyright by First Student, Inc. 2010 I T ri ' ,;.',,,„,,,,,,,.„-.,,-=','_-, 7 { Ft es 1 kl i d 3/ �,S�e%s, +'' ',L."--,,,.. C "`i 7t �.j � I 11 ! . j w .... �� � tf fz _ - t _ ��i ��Ii�l�rtt�lllli;� ) ,, ■ . r �y 401 ..eT'Sv. sue✓ _. r •. '� H� .. i ((� .: ate s • ww���sssss lk �- `'t = ' a - .. .a x'ff . 't $K §� :str.... , -.sex 9r I r. k P� c l • ' , ,_, _,..,.,.. r r : _ I N . ''''''r'''''''';'''''''''' - , :. - - A \ .. F_, i ? F �_ mo w,. ' ..: . r -� it -1r-- 4._ * . • ++r ..��.�w�ii 4th i n T 4 1R9 I y '+ �"'+e"' -fix . ,f � `, : - - ' n ay ..,: � Iri- ,, .. _ . � ala ,-* t y y T tt r_ . F r `u A�„ F 5 xCF 6 3 Fsn,„" at ,� f`s 4.. e � '-• '"!.'''---"''',.'-',!'.".7.4-11-3;,;44r:'-'..—;. ' 6'''' -'''. : ''''''''''''' ''' '''' ' - ' ' ' --' ' - . . ,, . _ ,, _ ,,,,,,,,. ,;it:1,',..,' ar e , s,. _ - - s ti t l � ..1 'N ".. k 4 7 '� Drivers and Attendants 4r� -6¢ First Vi Studej Drivers First Student Driver Qualifications and Training Passenger safety is your single, most important commitment — and ours as well. That is why our driver hiring qualifications and training are the most rigorous in the industry - going beyond state requirements. Hiring the right people and then developing, coaching, and motivating them is a continuous practice at First Student. We screen candidates thoroughly and use the most effective, up -to -date training techniques available in the United States and Canada. Our new drivers must successfully pass our nine decision points to successfully complete the hiring process. Once hired, we differentiate our training for drivers based upon their experience, the needs of their particular passengers, and any geographic or location specific issues or risk factors. The following sections outline our hiring qualifications, training, evaluation and corrective measure practices. Driver Qualifications sid Motor Vehicle Report (MVR) Review: First Student requires the Contract Manager or designee to order and review a Motor Vehicle Report every six months for all drivers. New violations or collisions are reviewed for non- compliance of any company or customer regulation. Each driver must then complete, sign and date a Certificate of Violations, listing all moving traffic violations and collisions within the past 12 months. E 7_ ` Annual Behind- The -Wheel Performance Evaluation: f: '' „.. F Student drivers are evaluated by our Behind -The- .. , f --- a A : ,, Wheel (BTW) Driver Instructors once a year and where possible, twice a year Drivers must receive a satisfactory - rating in all areas of the evaluation. If a driver earns a - 4, _ - "needs improvement” rating in any area he /she will - participate in enhancement training within 30 days of the evaluation. Enhancement training is conducted ; immediately if a driver's overall performance earns an "unsatisfactory" rating, When necessary, a driver will be removed from active job functions until training is completed and a satisfactory evaluation is achieved. © Copyright by First Student, Inc. 2010 18 4 48 Drivers and Attendants First Student General Qualifications: Our base eligibility requirements for bus drivers and non- drivers includes employment and residency verification, criminal background checks, drug and alcohol screenings and physical dexterity testing. Driving history is considered for our driver applicants only. Employment history verification for prior 10 years s ° Residency history verification for prior 7 years Must be 21 years of age or older 4 Must possess a valid driver's license in state of residency rl,w; Must have three years of licensed driving experience No more than 2 moving violations or 2 minor accidents (or a combination of these), or `,�- a severe preventable accident in past 2 years '1- No felony convictions No offense which resulted in imprisonment or correctional detention (in compliance yam with individual state laws) �� i No convictions for DUI or DWI within past 15 years .. 1 : 3 No criminal convictions involving child abuse, neglect or endangerment, possession or }: distribution of illegal substances, use or possession of weapons, violence or sex - related offenses, obstruction of justice, false reporting or false information. No positive result or refusal of a pre or post employment drug /alcohol test Ift ' r Qualified applicants must be able to pass a U.S. Department of Transportation � T physical exam (driving positions only) and a First Student Physical Dexterity Performance Test which tests for ability to operate bus controls, open emergency exits r j and carry or drag an incapacitated passenger out of the bus to safety. © Copyright by First Student, Inc. 2010 49 18 First fir Student 201 NE Park Plaza Driv Suite 240 Vancouver, WA 98684 Tel: 360 896 9500 March 18, 2010 Ms.Christy Terry Contracting Officer City of Seward P.O. Box #167 Seward, AK 99664 RE: Request For Proposal (RFP) for a Seasonal Transportation Services Contract Ms. Terry, First Student, Inc. is pleased to present this proposal for providing the Seasonal Transportation Services for the City of Seward. First Group, Inc., our parent company, is the largest provider of contracted transit services in the United States. Our experience and resources will enable us to provide superior service to the City of Seward. We are currently the provider of pupil transportation services to the Seward area as part of our pupil transportation contract with the Kenai Peninsula Borough School District. Our local facilities, resources and personnel are already in place which will provide the basis for this transportation service. Our Alaska transit experience includes providing the Kodiak community with transit services for the past several years. In addition to the transit services in Kodiak, we also provide tourist and visitor transportation services for the cruise ship and Kodiak Island tourism industry. This experience has made us familiar with the process of becoming knowledgeable of a community and using that knowledge in tourism services, including narrated tours and shuttle services. We have found it very successful to blend some of the local community narration into the shuttle services to promote the community and local services. We would propose to provide the transportation service outlined in the RFP at the following all- inclusive rates: 2010 Seasonal Transportation Services $ :) D Z 5 2011 Seasonal Transportation Services $ 99 i- b Our proposal does not provide for a local ridership fee. Please review our detailed description of services that we propose to provide in conjunction with the requirements of this solicitation. Should you have any questions please contact Tom Hyatt, our Regional Operations Manager, at 800 - 345 -4687. Cordially yours, Sr. Vice President — West cc. Mark Elias Tom Hyatt *41I C A FirstGroup America Company L� Y j www.firststudentinc.com First <iStudent 201 NE Park Plaza Drive Suite 240 Vancouver, WA 98684 Tel: 360 896 9500 March 18, 2010 Ms.Christy Terry Contracting Officer City of Seward P.O. Box #167 Seward, AK 99664 RE: Request For Proposal (RFP) for a Seasonal Transportation Services Contract Ms. Terry, First Student acknowledges the receipt of the following Addendums: Addendum #1 dated 3/5/2010 Addendum #2 dated 3/15/2010 aeteZq • Sr. Vice President - West 1 0 7 A FirstGroup America Company www.firststudentinc.com r oe sey, p 6 EMAILED ADDENDUM TO THE REQUEST FOR PROPOSALS d FOR A SEASONAL TRANSPORTION SERVICES CONTRACT ADDENDUM NO.: ONE CURRENT PROPOSAL DEADLINE: DATE: Thursday, March 18 2010 due by 12:00 p.m. (Noon) PREVIOUS ADDENDA: NONE ISSUED BY: City of Seward Community Development Department 234 Fourth Avenue Seward, Alaska 99664 DATE ADDENDUM ISSUED: 3/5/2010 Note: This is an emailed addendum. A confirming copy will not be mailed or faxed to you. If you have issues opening the attachments, please call (907) 224 -4049. The last sentence in section 4.2 Customer Service (20 %) on page 13 should be updated as follows: Delete -fit Added text The proposal shall also include a detailed description of how the proposer expects to meet the needs of the passengers in a timely manner :. _ .. . _ ... - • ... . - ,r . L i ' By: Chris Terry C C-,... ommunity Development Director Date: 3/5/2010 Total number of pages contained within this Addendum: 1 Addendum No. 1 SEASONAL TRAN E SERVICES EMAILED ADDENDUM TO THE REQUEST FOR PROPOSALS OyyfP FOR A SEASONAL TRANSPORTION SERVICES CONTRACT ADDENDUM NO.: TWO CURRENT PROPOSAL DEADLINE: DATE: Thursday, March 18` 2010 due by 12:00 p.m. (Noon) PREVIOUS ADDENDA: ONE ISSUED BY: City of Seward Community Development Department 234 Fourth Avenue Seward, Alaska 99664 DATE ADDENDUM ISSUED: 3/15/2010 Note: This is an emailed addendum. A confirming copy will not be mailed or faxed to you. 1) Section 1.5 of the Professional Services Agreement should be updated as follows: "°'�� Added text 1.5 "Project" shall mean the planning, . ... .. : , .. • - . _ :. _ , • ••, .: , transportation, and other tasks related to a the transportation of cruise ship passengers and other visitors between the Seward Cruise Ship Port, the Alaska Railroad Depot and the downtown business district in Seward, Alaska, as further described in the City's request for proposals issued March 4, 2010. 2) Question: On the "assisting cruise passengers and transporting their luggage between the DLCST and the ARD" is that for both northbound and southbound passengers on the 6:00 p.m. ARR departure? What about luggage storage for the pm departure? They have to be off the ship at noon? At the train? At the dock? Answer: The City of Seward expects both the embarking and disembarking passengers be served by this transportation system and storing luggage is a component. Multiple solutions are available to address the logistical issues, and it is the responsibility of the proposer to incorporate into their proposal how they will meet the needs of the cruise ship passengers. 3) Question: Are cruise ship staff and crew riding for free or paying a minimal fee? Answer: Cruise ship staff and crew are riding for free upon displaying documentation illustrating their cruise ship status. 4) Question: "The successful proposer shall provide at least two coaches, etc." There is quite a bit of difference on a bid package involving 2 coaches or 3 or 4 coaches as required on 2 ship days. (insurance, maintenance, gas, payroll, employees) What are we figuring for? Two coaches, 1 189 Three coaches or 4 coaches? Are just two coaches accepted for the contract then? The price would be quite different. said Answer: The proposal shall include at least two coaches in order to be considered responsive. 5) Question: Would a faxed signature be accepted until the mailed original arrives from out of state? Answer: No. 6) Question: What are the insurance policies limits required by the City of Seward? What are the minimum acceptable limits? Answer: The following insurance coverage is required: Commercial General Liability Insurance: The contractor must maintain Commercial General Liability Insurance in an amount sufficient to cover any suit that may be brought against the contractor. This amount must be at least two million dollars ($2,000,000) per occurrence, and five million dollars ($5,000,000) aggregate. The contractor must assume all insurable risks and bear any loss or injury to property or persons occasioned by neglect or accident during the term of the contract, except for sole negligence on the part of the City. Professional Liability Insurance: The contractor must maintain Professional Liability Insurance in an amount not less than one million dollars ($1,000,000) aggregate to protect the contractor from any claims for damages for any error, omission, or negligent act of the contractor, the contractor's firm, employees or subcontractors (which results in a financial loss to the City). Workers' Compensation Insurance: The contractor must maintain Workers' Compensation Insurance to protect the contractor from any claims or damages for any personal injury or death which may arise from services performed under this contract. This requirement applies to the contractor's firm, the contractor's subcontractors, and assignees, any anyone directly or indirectly employed to perform work under this contract. The contractor must notify the City as well as the State Division of Workers' Compensation immediately when changes in the contractor's business operation affect the contractor's insurance status. Statutory limits apply to Workers' Compensation Insurance. The policy must include employer's liability coverage of one hundred thousand dollars ($100,000) per injury, and five hundred thousand dollars ($500,000) policy limits. Vehicle and Equipment Insurance: The coverage shall include all owned, hired, and non- owned vehicles to a one million dollar ($1,000,000) combined single limit coverage. 7) Question: What do you mean by vehicle ability to "store" luggage? How long are you talking about? Answer: Passengers should be able to bring their luggage aboard the transportation vehicle or be offered an alternative means to transport their luggage between the Dale Lindsey Cruise Ship 2 190 Terminal and Alaska Railroad Depot. Additionally, if necessary, the successful proposer will need to provide a mechanism to store passenger luggage during arrival and departure intervals. Slow 8) Question: We would like to request a list of all the parties who have been sent a copy of the RFP. Answer: Please see the following list of Plan Holders: Tom Tougas Carlile Transportation First Student Inc. Transportation Management Services Trails North Inc. Kenai Fjords Tours 9) Question: What are the ADA compliance regulations? Answer: The ADA compliance regulations are provided below: [Code of Federal Regulations] [Title 49, Volume 1] [Revised as of October 1, 2007] From the U.S. Government Printing Office via GPO Access - [CITE: 49CFR38] [Page 501 -539] TIME 49-- TRANSPORTATION Subtitle A- -Office of the Secretary of Transportation PART 38_AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY SPECIFICATIONS FOR TRANSPORTATION VEHICLES- -Table of Contents Subpart B_Buses, Vans and Systems Sec. 38.21 General. (a) New, used or remanufactured buses and vans (except over - the -road buses covered by subpart G of this part), to be considered accessible by regulations in part 37 of this title shall [[Page 503]] comply with the applicable provisions of this subpart. (b) If portions of the vehicle are modified in a way that affects or could affect accessibility, each such portion shall comply, to the extent practicable, with the applicable provisions of this subpart. This 3191 provision does not require that inaccessible buses be retrofitted with lifts, ramps or other boarding devices. Nod Sec. 38.23 Mobility aid accessibility. (a) General. All vehicles covered by this subpart shall provide a level -change mechanism or boarding device (e.g., lift or ramp) complying with paragraph (b) or (c) of this section and sufficient clearances to permit a wheelchair or other mobility aid user to reach a securement location. At least two securement locations and devices, complying with paragraph (d) of this section, shall be provided on vehicles in excess of 22 feet in length; at least one securement location and device, complying with paragraph (d) of this section, shall be provided on vehicles 22 feet in length or less. (b) Vehicle lift - -(1) Design load. The design load of the lift shall be at least 600 pounds. Working parts, such as cables, pulleys, and shafts, which can be expected to wear, and upon which the lift depends for support of the load, shall have a safety factor of at least six, based on the ultimate strength of the material. Nonworking parts, such as platform, frame, and attachment hardware which would not be expected to wear, shall have a safety factor of at least three, based on the ultimate strength of the material. (2) Controls - -(i) Requirements. The controls shall be interlocked with the vehicle brakes, transmission, or door, or shall provide other appropriate mechanisms or systems, to ensure that the vehicle cannot be moved when the lift is not stowed and so the lift cannot be deployed unless the interlocks or systems are engaged. The lift shall deploy to all levels (i.e., ground, curb, and intermediate positions) normally encountered in the operating environment. Where provided, each control for deploying, lowering, raising, and stowing the lift and lowering the roll -off barrier shall be of a momentary contact type requiring continuous manual pressure by the operator and shall not allow improper lift sequencing when the lift platform is occupied. The controls shall allow reversal of the lift operation sequence, such as raising or lowering a platform that is part way down, without allowing an occupied platform to fold or retract into the stowed position. (ii) Exception. Where the lift is designed to deploy with its long dimension parallel to the vehicle axis and which pivots into or out of the vehicle while occupied (i.e., "rotary lift "), the requirements of this paragraph prohibiting the lift from being stowed while occupied shall not apply if the stowed position is within the passenger compartment and the lift is intended to be stowed while occupied. (3) Emergency operation. The lift shall incorporate an emergency method of deploying, lowering to ground level with a lift occupant, and raising and stowing the empty lift if the power to the lift fails. No emergency method, manual or otherwise, shall be capable of being operated in a manner that could be hazardous to the lift occupant or to the operator when operated according to manufacturer's instructions, and shall not permit the platform to be stowed or folded when occupied, 4 1 92 unless the lift is a rotary lift and is intended to be stowed while occupied. (4) Power or equipment failure. Platforms stowed in a vertical position, and deployed platforms when occupied, shall have provisions to prevent their deploying, falling, or folding any faster than 12 inches/ second or their dropping of an occupant in the event of a single failure of any load carrying component. (5) Platform barriers. The lift platform shall be equipped with barriers to prevent any of the wheels of a wheelchair or mobility aid from rolling off the platform during its operation. A movable barrier or inherent design feature shall prevent a wheelchair or mobility aid from rolling off the edge closest to the vehicle until the platform is in its fully raised position. Each side of the lift platform which extends beyond the vehicle in its raised position shall have a barrier a minimum 111/21 inches high. Such barriers shall not interfere with [[Page 5041] maneuvering into or out of the aisle. The loading -edge barrier (outer barrier) which functions as a loading ramp when the Lift is at ground level, shall be sufficient when raised or closed, or a supplementary system shall be provided, to prevent a power wheelchair or mobility aid from riding over or defeating it. The outer barrier of the lift shall automatically raise or close, or a supplementary system shall automatically engage, and remain raised, closed, or engaged at all times that the platform is more than. 3 inches above the roadway or sidewalk and the platform is occupied. Alternatively, a barrier or system may be raised, lowered, opened, closed, engaged, or disengaged by the lift operator, provided an interlock or inherent design feature prevents the lift from rising unless the barrier is raised or closed or the supplementary system is engaged. (6) Platform surface. The platform surface shall be free of any protrusions over 11/41 inch high and shall be slip resistant. The platform shall have a minimum clear width of 28 \1/2\ inches at the platform, a minimum clear width of 30 inches measured from 2 inches above the platform surface to 30 inches above the platform, and a minimum clear length of 48 inches measured from 2 inches above the surface of the platform to 30 inches above the surface of the platform. (See Fig. 1) (7) Platform gaps. Any openings between the platform surface and the raised barriers shall not exceed \5/81 inch in width. When the platform is at vehicle floor height with the inner barrier (if applicable) down or retracted, gaps between the forward lift platform edge and the vehicle floor shall not exceed \1/21 inch horizontally and 15/8\ inch vertically. Platforms on semi - automatic lifts may have a hand hold not exceeding 1 \1/21 inches by 4 \1/2\ inches located between the edge barriers. (8) Platform entrance ramp. The entrance ramp, or loading -edge barrier used as a ramp, shall not exceed a slope of 1:8, measured on level ground, for a maximum rise of 3 inches, and the transition from 193 roadway or sidewalk to ramp may be vertical without edge treatment up to 11/4\ inch. Thresholds between \1/4\ inch and 11/21 inch high shall be beveled with a slope no greater than 1:2. (9) Platform deflection. The lift platform (not including the entrance ramp) shall not deflect more than 3 degrees (exclusive of vehicle roll or pitch) in any direction between its unloaded position and its position when loaded with 600 pounds applied through a 26 inch by 26 inch test pallet at the centroid of the platform. (10) Platform movement. No part of the platform shall move at a rate exceeding 6 inches /second during lowering and lifting an occupant, and shall not exceed 12 inches /second during deploying or stowing. This requirement does not apply to the deployment or stowage cycles of lifts that are manually deployed or stowed. The maximum platform horizontal and vertical acceleration when occupied shall be 0.3g. (11) Boarding direction. The lift shall permit both inboard and outboard facing of wheelchair and mobility aid users. (12) Use by standees. Lifts shall accommodate persons using walkers, crutches, canes or braces or who otherwise have difficulty using steps. The platform may be marked to indicate a preferred standing position. (13) Handrails. Platforms on lifts shall be equipped with handrails on two sides, which move in tandem with the lift, and which shall be graspable and provide support to standees throughout the entire lift operation. Handrails shall have a usable component at least 8 inches long with the lowest portion a minimum 30 inches above the platform and the highest portion a maximum 38 inches above the platform. The handrails shall be capable of withstanding a force of 100 pounds concentrated at any point on the handrail without permanent deformation of the rail or its supporting structure. The handrail shall have a cross- sectional diameter between 1 \1/4\ inches and 1 \1/2\ inches or shall provide an equivalent grasping surface, and have eased edges with corner radii of not less than 11/8\ inch. Handrails shall be placed to provide a minimum 1 \1/2\ inches knuckle clearance from the nearest adjacent surface. Handrails shall not interfere with wheelchair or mobility aid maneuverability when entering or leaving the vehicle. [[Page 505]] (c) Vehicle ramp - -(1) Design load. Ramps 30 inches or longer shall support a load of 600 pounds, placed at the centroid of the ramp distributed over an area of 26 inches by 26 inches, with a safety factor of at least 3 based on the ultimate strength of the material. Ramps shorter than 30 inches shall support a load of 300 pounds. (2) Ramp surface. The ramp surface shall be continuous and slip resistant; shall not have protrusions from the surface greater than 11/ 4\ inch high; shall have a clear width of 30 inches; and shall accommodate both four -wheel and three -wheel mobility aids. (3) Ramp threshold. The transition from roadway or sidewalk and the transition from vehicle floor to the ramp may be vertical without edge treatment up to \1/41 inch. Changes in level between 11/41 inch and \1/ 2\ inch shall be beveled with a slope no greater than 1:2. 61_94 (4) Ramp barriers. Each side of the ramp shall have barriers at least 2 inches high to prevent mobility aid wheels from slipping off. rr, (5) Slope. Ramps shall have the least slope practicable and shall not exceed 1:4 when deployed to ground level. If the height of the vehicle floor from which the ramp is deployed is 3 inches or less above a 6 -inch curb, a maximum slope of 1:4 is permitted; if the height of the vehicle floor from which the ramp is deployed is 6 inches or less, but greater than 3 inches, above a 6 -inch curb, a maximum slope of 1:6 is permitted; if the height of the vehicle floor from which the ramp is deployed is 9 inches or less, but greater than 6 inches, above a 6 -inch curb, a maximum slope of 1:8 is permitted; if the height of the vehicle floor from which the ramp is deployed is greater than 9 inches above a 6 -inch curb, a slope of 1:12 shall be achieved. Folding or telescoping ramps are permitted provided they meet all structural requirements of this section. (6) Attachment. When in use for boarding or alighting, the ramp shall be firmly attached to the vehicle so that it is not subject to displacement when loading or unloading a heavy power mobility aid and that no gap between vehicle and ramp exceeds \518\ inch. (7) Stowage. A compartment, securement system, or other appropriate method shall be provided to ensure that stowed ramps, including portable ramps stowed in the passenger area, do not impinge on a passenger's wheelchair or mobility aid or pose any hazard to passengers in the event of a sudden stop or maneuver. (8) Handrails. If provided, handrails shall allow persons with disabilities to grasp them from outside the vehicle while starting to board, and to continue to use them throughout the boarding process, and shall have the top between 30 inches and 38 inches above the ramp surface. The handrails shall be capable of withstanding a force of 100 pounds concentrated at any point on the handrail without permanent deformation of the rail or its supporting structure. The handrail shall have a cross - sectional diameter between 111 /4\ inches and 1\1/21 inches or shall provide an equivalent grasping surface, and have eased edges with corner radii of not less than \1/8\ inch. Handrails shall not interfere with wheelchair or mobility aid maneuverability when entering or leaving the vehicle. (d) Securement devices - -(1) Design load. Securement systems on vehicles with GVWRs of 30,000 pounds or above, and their attachments to such vehicles, shall restrain a force in the forward Longitudinal direction of up to 2,000 pounds per securement leg or clamping mechanism and a minimum of 4,000 pounds for each mobility aid. Securement systems on vehicles with GVWRs of up to 30,000 pounds, and their attachments to such vehicles, shall restrain a force in the forward longitudinal direction of up to 2,500 pounds per securement leg or clamping mechanism and a minimum of 5,000 pounds for each mobility aid. (2) Location and size. The securement system shall be placed as near to the accessible entrance as practicable and shall have a clear floor area of 30 inches by 48 inches. Such space shall adjoin, and may 1 5 overlap, an access path. Not more than 6 inches of the required clear floor space may be accommodated for footrests under another seat provided there is a minimum of 9 inches from the floor to the lowest part [[Page 5061] of the seat overhanging the space. Securement areas may have fold -down seats to accommodate other passengers when a wheelchair or mobility aid is not occupying the area, provided the seats, when folded up, do not obstruct the clear floor space required. (See Fig. 2) (3) Mobility aids accommodated. The securement system shall secure common wheelchairs and mobility aids and shall either be automatic or easily attached by a person familiar with the system and mobility aid and having average dexterity. (4) Orientation. In vehicles in excess of 22 feet in length, at least one securement device or system required by paragraph (a) of this section shall secure the wheelchair or mobility aid facing toward the front of the vehicle. Additional securement devices or systems shall secure the wheelchair or mobility aid facing forward, or rearward with a padded barrier, extending from a height of 38 inches from the vehicle floor to a height of 56 inches from the vehicle floor with a width of 18 inches, laterally centered immediately in back of the seated individual. In vehicles 22 feet in length or less, the required securement device may secure the wheelchair or mobility aid either facing toward the front of the vehicle or facing rearward, with a padded barrier as described. Additional securement locations shall be either forward or rearward facing with a padded barrier. Such barriers need not be solid provided equivalent protection is afforded. (5) Movement. When the wheelchair or mobility aid is secured in accordance with manufacturer's instructions, the securement system shall limit the movement of an occupied wheelchair or mobility aid to no more than 2 inches in any direction under normal vehicle operating conditions. (6) Stowage. When not being used for securement, or when the securement area can be used by standees, the securement system shall not interfere with passenger movement, shall not present any hazardous condition, shall be reasonably protected from vandalism, and shall be readily accessed when needed for use. (7) Seat belt and shoulder harness. For each wheelchair or mobility aid securement device provided, a passenger seat belt and shoulder harness, complying with all applicable provisions of part 571 of this title, shall also be provided for use by wheelchair or mobility aid users. Such seat belts and shoulder harnesses shall not be used in lieu of a device which secures the wheelchair or mobility aid itself. Sec. 38.25 Doors, steps and thresholds. (a) Slip resistance. All aisles, steps, floor areas where people walk and floors in securement locations shall have slip - resistant surfaces. 8 196 (b) Contrast. All step edges, thresholds and the boarding edge of ramps or lift platforms shall have a band of color(s) running the full width of the step or edge which contrasts from the step tread and riser, or lift or ramp surface, either light -on -dark or dark -on- light. (c) Door height. For vehicles in excess of 22 feet in length, the overhead clearance between the top of the door opening and the raised lift platform, or highest point of a ramp, shall be a minimum of 68 inches. For vehicles of 22 feet in length or less, the overhead clearance between the top of the door opening and the raised lift platform, or highest point of a ramp, shall be a minimum of 56 inches. Sec. 38.27 Priority seating signs. (a) Each vehicle shall contain sign(s) which indicate that seats in the front of the vehicle are priority seats for persons with disabilities, and that other passengers should make such seats available to those who wish to use them. At least one set of forward - facing seats shall be so designated. (b) Each securement location shall have a sign designating it as such. (c) Characters on signs required by paragraphs (a) and (b) of this section shall have a width -to- height ratio between 3:5 and 1:1 and a stroke width -to- height ratio between 1:5 and 1:10, with a minimum character height (using an upper case "X ") of \5/81 inch, with "wide" spacing (generally, the space between letters shall be \1/16\ 4 10110 , the height of upper case letters), and shall contrast with [{Page 507]] the background either light -on -dark or dark -on- light. Sec. 38.29 Interior circulation, handrails and stanchions. (a) Interior handrails and stanchions shall permit sufficient turning and maneuvering space for wheelchairs and other mobility aids to reach a securement location from the lift or ramp. (b) Handrails and stanchions shall be provided in the entrance to the vehicle in a configuration which allows persons with disabilities to grasp such assists from outside the vehicle while starting to board, and to continue using such assists throughout the boarding and fare collection process. Handrails shall have a cross - sectional diameter between 111 /4\ inches and 111 /2\ inches or shall provide an equivalent grasping surface, and have eased edges with comer radii of not less than \1/81 inch. Handrails shall be placed to provide a minimuin 111/21 inches knuckle clearance from the nearest adjacent surface. Where on- board fare collection devices are used on vehicles in excess of 22 feet in Length, a horizontal passenger assist shall be located across the front of the vehicle and shall prevent passengers from sustaining injuries on the fare collection device or windshield in the event of a sudden deceleration. Without restricting the vestibule space, the assist shall provide support for a boarding passenger from the front door through the boarding procedure. Passengers shall be able to lean against 9 197 the assist for security while paying fares. (c) For vehicles in excess of 22 feet in length, overhead handrail(s) shall be provided which shall be continuous except for a gap at the rear doorway. (d) Handrails and stanchions shall be sufficient to permit safe boarding, on -board circulation, seating and standing assistance, and alighting by persons with disabilities. (e) For vehicles in excess of 22 feet in length with front -door lifts or ramps, vertical stanchions immediately behind the driver shall either terminate at the lower edge of the aisle- facing seats, if applicable, or be "dog- legged" so that the floor attachment does not impede or interfere with wheelchair footrests. If the driver seat platform must be passed by a wheelchair or mobility aid user entering the vehicle, the platform, to the maximum extent practicable, shall not extend into the aisle or vestibule beyond the wheel housing. (f) For vehicles in excess of 22 feet in length, the minimum interior height along the path from the lift to the securement location shall be 68 inches. For vehicles of 22 feet in length or less, the minimum interior height from lift to securement location shall be 56 inches. Sec. 38.31 Lighting. (a) Any stepwell or doorway immediately adjacent to the driver shall have, when the door is open, at least 2 foot - candles of illumination measured on the step tread or lift platform. (b) Other stepwells and doorways, including doorways in which lifts or ramps are installed, shall have, at all times, at least 2 foot - candles of illumination measured on the step tread, or lift or ramp, when deployed at the vehicle floor level. (c) The vehicle doorways, including doorways in which lifts or ramps are installed, shall have outside light(s) which, when the door is open, provide at least 1 foot - candle of illumination on the street surface for a distance 3 feet (915 mm) perpendicular to the bottom step tread or lift outer edge. Such light(s) shall be shielded to protect the eyes of entering and exiting passengers. [56 FR 45756, Sept. 6, 1991, as amended at 63 FR 51697, 51702, Sept. 28, 1998] Sec. 38.33 Fare box. Where provided, the farebox shall be located as far forward as practicable and shall not obstruct traffic in the vestibule, especially wheelchairs or mobility aids. Sec. 38.35 Public information system. (a) Vehicles in excess of 22 feet in length, used in multiple -stop, fixed -route service, shall be equipped with a public address system permitting the driver, or recorded or digitized human speech messages, to announce stops and provide other passenger information within the 108 vehicle. (b) [Reserved] [[Page 508]] Sec. 38.37 Stop request. (a) Where passengers may board or alight at multiple stops at their option, vehicles in excess of 22 feet in length shall provide controls adjacent to the securement location for requesting stops and which alerts the driver that a mobility aid user wishes to disembark. Such a system shall provide auditory and visual indications that the request has been made. (b) Controls required by paragraph (a) of this section shall be mounted no higher than 48 inches and no lower than 15 inches above the floor, shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. The force required to activate controls shall be no greater than 5 lbf (22.2 N). Sec. 38.39 Destination and route signs. (a) Where destination or route information is displayed on the exterior of a vehicle, each vehicle shall have illuminated signs on the front and boarding side of the vehicle. (b) Characters on signs required by paragraph (a) of this section shall have a width -to- height ratio between 3:5 and 1:1 and a stroke width -to- height ratio between 1:5 and 1:10, with a minimum character height (using an upper case "X ") of 1 inch for signs on the boarding side and a minimum character height of 2 inches for front "headsigns ", with "wide" spacing (generally, the space between letters shall be 1/ 16 the height of upper case letters), and shall contrast with the background, either dark -on -light or light -on -dark. END By: Christy Terry Community Development Director Date: 3/15/2010 Total number of pages contained within this Addendum: 11 19 6 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE EFFORTS OF THE KENAI PENINSULA BOROUGH TO URGE THE FEDERAL HIGHWAY ADMINISTRATION TO ALLOCATE $17,332,100 TO MAKE THE LOWELL POINT ROAD IMPROVEMENT PROJECT FISCALLY POSSIBLE AND KEEPING IT A FEASIBLE 2010 FEDERAL TRANSPORTATION PRIORITY WHEREAS, the high traffic use of this narrow, one lane gravel road that solely connects the City of Seward to the wastewater treatment facility which is critical infrastructure; and WHEREAS, the volume of traffic has created a life /safety issue of increasing concern for the City of Seward, Kenai Peninsula Borough and State and visitors; and WHEREAS, the environmental interference such as rock slides, reduced visibility due to shrubs and trees and debris falling into the roadway cause occasional road closures in the summer; and WHEREAS, avalanches cause frequent road closures in the winter; and WHEREAS, storm surges and tidal surge events cause erosion problems occasionally making the road impassable; and WHEREAS, the extensive coastal damage caused by such events has made it necessary for the City of Seward and the Kenai Peninsula Borough to seek emergency state and federal funding fearing loss and/or damage of critical infrastructure, loss of human life, limited access to residents and business owners; and WHEREAS, high water events that occur often have made the road impassable due to Lowell Creek bridge flooding which has created public health hazards and have the potential for loss of life and loss or damage to critical infrastructure; and WHEREAS, the cost of the maintenance, mitigation and repair of the road exceeds the funding available from the City of Seward, Kenai Peninsula Borough and State of Alaska; and WHEREAS, the City's sewer lines to the treatment facility, electric and telephone lines run under the road; and WHEREAS, this road accesses residential property, seasonal businesses critical to Seward's economy, Seward's wastewater treatment facility, State and Federal Park sites and the only terrestrial access to Caines Head State park and Kenai Fjords National Park; and 200 CITY OF SEWARD, ALASKA RESOLUTION 2010 -038 WHEREAS, the development of the terrestrial access to the State and National Parks has created traffic volumes second only to the Seward Highway; and WHEREAS, the City of Seward, the Kenai Peninsula Borough and the State urge the Federal Highway Administration to make this a priority for 2010. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The City of Seward strongly supports the efforts of the Kenai Peninsula Borough to urge the Federal Highway Administration to allocate $17,332,100.00 to make the Lowell Point Road Improvement Project fiscally possible and keeping it a feasible 2010 Federal Transportation Priority. Section 2. Requests the mayor forward copies of this resolution to the Kenai Peninsula Borough. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, and this 12th day of April, 2010. THE CITY OF SEWARD, ALASKA Jean Bardarson, Vice -Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC, City Clerk (City Seal) 201 Council Agenda Statement Meeting Date: April 12, 2010 J q stood Through: Phillip Oates, City Manager u �� } ~� a From: William Casey, Public Works 4 P Agenda Item: Lowell Point Road Improvement Project BACKGROUND & JUSTIFICATION: Lowell Point Road is a narrow, one lane gravel road that provides the only terrestrial access the City of Seward has to Seward's wastewater treatment facility which is critical infrastructure. It is also the only access point many Seward residents have to their homes and small businesses. High traffic usage and environmental interference have created life /safety issues of increasing concern for the City, Kenai Peninsula Borough and State officials. The environmental interference such as rock slides, reduced visibility due to shrubs and trees, and debris falling into the roadway cause occasional road closures in the summer. The road is also closed several times each winter because of the prevalence of avalanches. High water events have made the road impassable due to flooding at Lowell Creek Bridge. This has created public health hazards which have the potential for loss of life and loss or damage to critical infrastructure. Storm surges and tidal surge events have caused erosion problems occasionally making the road impassable. The extensive coastal damage caused by such events has made it necessary for the City of Seward and the Kenai Peninsula Borough to seek emergency state and federal funding fearing loss and /or damage of critical infrastructure or loss of human life. The cost of maintenance, mitigation and repair of the road exceeds the funding available from the City of Seward, Kenai Peninsula Borough and State government. The City's sewer lines to the treatment facility, electric and telephone lines all run under this road. Lowell Point Road also accesses residential property, seasonal businesses critical to Seward's economy, State and Federal Park sites and the only terrestrial access to Caines Head State park and Kenai Fjords National Park. The development of the terrestrial access to the State and National Parks has created traffic volume second only to the Seward Highway. The City of Seward strongly supports the Kenai Peninsula Borough's efforts seeking $17,332,100.00 from the Federal Highway Administration for the Lowell Point Road Improvement Project. INTENT: To support the Kenai Peninsula Borough's efforts to secure $17,332,100.00 from the Federal Highway Administration for Lowell Point Road Improvement. FISCAL NOTE: This has no fiscal • pact on the City of Seward. Approved by Finance Department: ` Ned 202 ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council supports Resolution 2010 -038 supporting the efforts of the Kenai Peninsula Borough to urge the Federal Highway Administration to allocate $17,332,100.00 to make the Lowell Point Road Improvement Project fiscally possible and keeping it a feasible 2010 Federal Transportation Priority. 203 City of Seward, Alaska City Council Minutes March 22, 2010 Volume 38, Page CALL TO ORDER The March 22, 2010 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY - Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL �d There were present: Willard E. Dunham presiding and Linda Amber e Jean Bardarson Bob Vald , y Vanta Shafer Mariann. % ' comprising a quorum of the Council; and Phillip Oates, City Manager Johanna Dollerhide, Acting x rk Cheryl Brooking, City At , 41 5 ABSENT — Tom Smith ' CITIZENS' COMMENTS ON NY SUB � d'EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Tim McDon .Q b ; C con 'c ith harbor policies. In light of the economic study that had been released re entl . 2 a positive and productive response with the council tonight. APPROVA o ENDA 'D CONSENT AGENDA Motio '� o ° ��. er) Approval of Agenda and Consent Agenda on e , Unanimous The cler' re = 4 e following approved consent agenda items: The March 08, 2010 Regular City Council Meeting Minutes Were Approved. Resolution 2010 -026, Approving The Amendment To The Cooperative Participation Agreement And Bylaws Of The Alaska Municipal League Joint Insurance Association, Inc. Effective July 1, 2010 SPECIAL ORDERS, PRESENTATIONS AND REPORTS 204 City of Seward, Alaska City Council Minutes March 22, 2010 Volume 38, Page Slav Proclamations and Awards A Certificate of Appreciation was awarded to Homer Electric Association for their assistance during our power outage. An Earthquake and Tsunami Awareness Week Proclamation for Ma ch 22 -26 was read. � , A Seward's Day Proclamation was read. . . , A support proclamation for Governor Parnell's "Choose Re e e kl i` ig i, end the epidemic of domestic violence and sexual assault and ro Ala < has Sexual Assault Awareness Month was read. A Certificate of Appreciate was given to Alaska' :,,,0 . I ding Student of the Year, Allison Barnwell. � ,, City Manager's Report, City Manager ' hillip • ` tes sta spoke with Scott Bartlett at Seward Army Resort, business was picking ,: , many conferenc= were being scheduled at the facility. Oates received email from DOT' i •. `I ii`,4 e tempo " .ridge at Trail River was open Nil, to two lane traffic. It would be paved i , ' 1 gt ,a eat vr permitted and there would be no weight restrictions like last year. Th GIv-T 'oposing to slash the cruise ship tax to $34.50 /passenger in an effort to bring %I e' Oates would be in Juneau this Wednesday through Friday, working with 1. b • yist Kent -$ on. He had heard the capitol budget may be increased by up to $350 mil .'bs lars. Oates reported ' N s° Dep. • - ent would be laying new underground power lines along Lowell Point Road, hip, 8 • ' e them to close the road for about a month from Monday through Saturday, from A li' 3` .. - :00 p.m. T - )'arbo , • th- ability for customers to pay their bills online on its website. This service 'I ' - March 1, 2010. The City applied for a grant through the Community Co •ate , • `:. — Program for improvements to the Northeast Harbor fish cleaning station. ity sg b:. , �e impound process on 6 abandoned vessels (2 in the harbor and 4 at SMIC). The imp •., • r ess would continue through this month, and the City would look to sell or dispose of these es in April. Snug Harbor Seafoods was a commercial fishing processor that had operated ou t` Seward since 2007. They recently requested to relocate their operations from SMIC to the Seward Harbor, due to unsafe conditions from operating at the North Dock. Representatives from the Exxon Valdez Oil Spill Trustee Council were in Seward last night to solicit public comment on the future of the program. The harbor spoke in favor of funding Harbor Protection and Marine Restoration Projects specifically Stormwater, Wastewater and Harbor Projects. 205 City of Seward, Alaska City Council Minutes March 22, 2010 Volume 38, Page In the Finance Department, the auditors arrived on Monday for two weeks of audit field work. The finance department had been preparing for the audit and working with Providence to finalize the recording of assets related to Seward Mountain Haven. The Permanent Fund Dividend deadline was March 31, 2010 and Oates encouraged the public to use the `Pick, Click, Give' option on the application to ,donate a portion of your PFD to either the Seward Community Library Association or the Resurrection Bay Historical Society. Those donations would go into the library /museum building fund. "Waves Over Seward, The Good Friday Earthquake" was a new historical documentary that would be showing at the Library on Saturday, March 27, 2010 in commemoration of the 46 year anniversary of the 1964 Good Friday Earthquake. Also, on March 30, 2010, the anniversary of the signing of the Alaska Purchase Treaty from Russia, there would be a continuous showing of the documentary, "Seward: The First 100 Years" at the Library. 4 In Community Development, FEMA stated the City of Seward would have the proposed updated National Flood Insurance Program Maps distributed on March 15, 2010, but...no maps were provided on that date and the new date was March 31, 2010. Planner Donna Glenz and Community Development Director Christy Terry would be gone March 20 -27, 2010 at training offered by FEMA on Managing Floodplain Development through the NFIP. Oates encouraged the public to return census questionnaires. In Public Works, electrical upgrades to Well House #6 controls were complete and training began March 22, 2010. A notice to proceed was given to Prosser -Dag Construction for the North Seward Water Storage Tank project. Electrical upgrades for Lift Station #1 control room were complete; upgrades for the hazardous side were ongoing. New Duplex Control and Wastewater pumps were installed at City Hall. The Street Department crews were continually working on snow and ice removal for streets, intersections and parking areas. Public Works continued to define the scope of work for the Federal Transportation Earmark fund. The snow blower's hydraulic motor was replaced and was now fully operational. All of the heavy equipment has been serviced and was operational. C , ' ttor1� ' ep , City Attorney Cheryl Brooking gave the attorney's report for the period N ,i 10 to February 20, 2010. The attorney's provided legal advice on leases, con ` _, , : rsonnel matters, document requests, and several more items. They were ing ' "` ion on a Two Lakes Park parcel on behalf of the city, to officially record the p =. , . g p , Y deed and � � , ' e the city as the land owners. May 1. al Report, Mayor Willard E. Dunham stated he traveled to Juneau to attend GRETC legislative sessions and power and energy sessions. He met with public officials and commissioners and directors of the state, who spent little time on energy and a lot of time on gas. He noted they were more concerned with taxes than power. Dunham met with legislators and lobbyists and staffers talking about Seward's want list and harbor money. He was pleased with the Wada Reception turnout last weekend and staff for pulling together the reception. Dunham attended EVOS hearings and suggested earmarks to be for science and no more habitat. Later in the week he would s be meeting with a potential movie crew to come to Seward. He thanked Kari Anderson for her 206 City of Seward, Alaska City Council Minutes March 22, 2010 Volume 38, Page response to a letter criticizing harbor practices and congratulated James Hubbard for his recent nomination to the state Fisheries Council. Other Reports, Announcements and Presentations A Jesse Lee Home Stabilization Report was given by John Conway and Mary Elizabeth Reider for the Friends of Jesse Lee Home. a ye;. Kenai Mountains - Turnagain Arm Community Corridor Associa a (KMTA CCA) presentation was given by Bruce Jaffa and Kaylene Johnson. recessed at 8:40 p.m. Council resumed at 8:45 p.m. A Power Point Presentation On Sidewalk Improve l' ij as Given By Public Works Staff. PUBLIC HEARING Resolution 2010 -025, Authorizing Emine i ) 6 in Proceedings,'" Acquire Property Rights Necessary For Construction Of The N o p cres Lev oad Project Across Tract B, Dieckgraeff - Gillespie Replat. f • Council Member Amberg wished a co + 4 est be ruled on as she has business dealings with the owners in question. Mayor ruled a conflict existed and there were no objections. Councilmemb erg left tic dais. Motion (Keil/Bard . n Approve Resolution 2010 -025 Oates briefly ex. . ` . oning for obtaining this land for the North Forest Acres Levee Road Projec '. th e alignment of the levee could not be changed or funding from the 3, � govemme s ase. To date, the city council had approved all property purchases with t a . one before them. After numerous offers to the owners, it was clear a neg. a s not possible and that the only way to obtain this land was through eminent d.' in 11 e .�' aisal of this land was done in 2008 by MacSwain and Associates. This was peer reviewed. directed council to review the parcel map /public use easement in their packets and noted this was the only point the levee road could enter the highway and provide flood management. The ownership group used an older appraisal from 2003 that was not peer reviewed that was nearly three times as much as the appraised value determined by MacSwain. The city made four offers total. All were rejected. The resolution before the council tonight explained that the city would apply for a driveway permit with DOT and construct their driveway, even though the city was not required to do so. 207 City of Seward, Alaska City Council Minutes March 22, 2010 Volume 38, Page Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Tim McDonald, said these citizens have owned this property for 30 years and have put a lot of work and money into this property. If he owned the land he would challenge it, too. It did not seem fair to him. The public hearing was closed. Keil asked for the opinion of the city manager and attorney on t,, e s .,. ` , e`wner's attorney. Oates responded to each of the requests and explained why t c co ,.E of 3 et those requests. Valdatta did not understand why the city was taking b • R , + ` 4 s to the north and south of the easement area. Oates said it was necessary for the desi : -.• e ° ,, levee itself — it was the best flood control measure to take. Bardarson noted constructing a new dri 4 wa menti I° r-- I i whereas" portion of the resolution, but it was not listed in the sects. ,� ; ooking said the C was not a part of the eminent domain action, so it was not req ; • o • ,F he sectio •r it was not something the city needed to do at all. ti . 3 Keil said she had never been a f. ' '...,,e, • - sr , „ 'oma but she said the city had been working on this project since 1995 and no , d it was a,� 9. c safety issue. She thought council needed to proceed with this and the ci . a -i ade many ' ers, going above and beyond what they needed to do. ° w Motion Passed Unanimous NEW BUSI I L , h rizin The City Manager To Submit A Grant App Application To The Resol ,�r �__� . ... o g tY g Sta , I ent Of Commerce, Community And Economic Development Public Li I " ` , ,;,, , "u``1 And Major Expansion Matching Grant Program Requesting Not More Than $5I�0'�1 I ! or The Library Museum Project. Motion (K • Amberg) Approve Resolution 2010 -024 Oates said this was a matching grant with total costs estimated at $10 million dollars. Motion Passed Unanimous Resolution 2010 -027, Authorizing The City Manager To Make An Addition To The Fort wow Raymond Generator Project Not To Exceed The Amount Of $265,000 To Connect And 208 City of Seward, Alaska City Council Minutes March 22, 2010 Volume 38, Page V,„ Commission Generator N2. Motion (Bardarson /Shafer) Approve Resolution 2010 -027 Oates noted the council held a work session this evening at the generator building to show the council the current status of the project. This resolution would appropriate $265,000 which was in the budget. If not done now, the cost estimation could be double. If council appro, ed this, all six generators would be online within a month. Valdatta said studies show between the next 3 -5 years generators wt, s :o b 'bsolete If the city didn't jump on it today, they may not get it next year. Keil had reservations on the cost of this appropriation, but it as �: t ' • ud:e ®- approved, so she would support this. Passed Unani i 4 R1 , Resolution 2010 -028, Adopting A Surveillance Camer , o ��� Motion (Bardarson/Amberg) . Approve Resoution 2010 -028 Oates stated they were bringin : �•1 c of % t.. uselwas within their duty to approve t ., �T - rF4 " city policies. Since 2004, the city • •; .4 ry 1'; ce camera system on public and city infrastructure. This resolution establish i • ,, is use of surveillance cameras. Clemons noted there may be some times throu. h court order )' e would need to set up a camera in cases where "` they know a crime was goin: �` committe •lam! r simply just by court order. Keil wanted t � WV5`} 10 . many -' sts had occurred from the cameras. Clemons could think a ' of two, but he assum- d t r- •'., �'® ore. He also noted the fire by the fuel dock a few years ago showed how the fire sta , ' '��� V V. �tn ' „A , o o w if the cameras could be used to monitor wave activity. Clemons was no 0 "` on I % , ,. , 11 'q � �,. i afer/Keil) Amend Resolution 2010 -028, section 11, by - � .� ' changing the second to the last sentence to , , read, "Any exception to this requirement for a covert surveillance camera, the City Council will be notified as soon as an arrest has been made and requires the approval of the City Manager." Clemons gave an example of the reason for this necessity. Shafer just had problems of giving ,, government more leeway. Clemons said the rules of the court were very strict and they could not break the law with or without this language. 209 City of Seward, Alaska City Council Minutes March 22, 2010 Volume 38, Page Dunham had a hard time with this amendment. He didn't think the council should even be involved right away and did not like the idea of notifying the mayor, as the section was previously written. Shafer was concerned with the change in privacy laws in the last ten or so years. She thought they needed to be very careful what they put in this policy. Oates stated the reasoning behind this section. Shafer just thought they ne,-ded to protect themselves from invasion of privacy. -'` Amendment Passed Unanimous Motion to Amend ( Keil/Shafer) Amend Resoluti 1 =10- , :° ,II n 12 by striking th • r i "w . , z esult in disciplin , ,,, °` ._ction i1 eludes the possibili !, n 1 '' and replace with "shall result ' .. k Brooking said there were different levels of suspe �=•n, T I ", ommended this language stay in. p u Oates said he was concerned 5� :� ,' tency w - �f'ther policies, specifically the personnel policy. Dunham did not agr [ ' R � ,, .� ent. �� Bardarson wanted to know if thl „aa y to put more teeth in disciplinary action. Motion (Keil/Shafer) ''",'' s Postpone Resolution 2010 -028 to 6:00 p.m. , d ,, on March 23, 2010 Motion Passed Unanimous pi , OTHER N 1 NESS , y,,= By un : t o o``R , t ' ouncil moved to postpone scheduling a work session to discuss city lane , , o ,01 .,,,„iii . on March 23, 2010. INFO ' + N I ° AL ITEMS AND REPORTS (No action required) Mayor and ' Manager letter to House Finance Committee Co- Chairs Stoltze and Hawker on ALMRS funding. Mayor and City Manager letter to Rep. Bill Stoltze supporting HB 357. Mayor and City Manager letter to Senate Labor and Commerce Committee, opposing SB 129. Mayor and City Manager letter to House Community and Regional Affairs Committee, opposing HB 210 City of Seward, Alaska City Council Minutes March 22, 2010 Volume 38, Page 202. Mayor letter to Attorney General Sullivan re: assistance with coal facility lawsuit. CITIZENS' COMMENTS Tim McDonald appreciated the Police Chief's job and his efforts for our pu lic safety. But this was Seward, Alaska and he felt like "Big Brother" was unnecessary. The Har '; cameras were disconcerting and harbor users were disappointed with the policies set forth i ‘ Seward harbor. There was a lot of disgust in the commercial fishing fleet. His boat was du-, sound t by the city due to non payment of slip fees. He refused to be put on monthly 474 a . ;did not agree with the policy. The city shouldn't let their customers fail like ; k.ther em than persecute them. The most important thing in the harbor was not th 4 ev e u y s M' Id felt the city needed to change their policies. = � COUNCIL AND ADMINISTRATION RESPONSE TO X, S' COMMENTS Shafer said PACAB was reviewing the harbor po `` e AN a it would be beneficial for McDonald to go to their meetings and express cone . ., EXECUTIVE SESSION , � By unanimous consent, council move'' t o p 1 Ai on . . city attorney's evaluation to the next council meeting. The meeting was recess � q i til ,a �� � on March 23, 2010. • Johanna Dol ; MC Willard E. Dunham Acting Ci,' Mayor il ( > Se: City of Seward, Alaska City Council Minutes March 23, 2010 (continued) Volume 38, Page CALL TO ORDER Nvid The March 22, 2010 regular meeting of the Seward City Council was recessed at 10:30 p.m. and called back to order at 6:00 p.m. on Tuesday, March 23, 2010 by Mayor Willard E. Dunham. ROLL CALL There were present: Willard E. Dunham presiding and Linda Amberg Bardarson Bob Valdatta Vanta Shafer Marianna Keil comprising a quorum of the Council; and Phillip Oates, City Manager Johanna Dollerhide, Acting City Clerk r ABSENT — Tom Smith ` J f `k Current motion on the floor: Amend (KeiUShafer) Amen Resoluti n 2010 -028, Section 12 by ; s't , ' ry „ th words will result in dis ipl action that includes the ossibli' of and replace with "shall It ! i res It in" Oates stated he spoke with th p f so el tto ey today, and said using the word "shall" takes away any,flexibilikr in mttigati g c c st .nces and could lead to discrimination lawsuits. This was fai " and consi. ent but e of -r personnel policies. He felt stating the city "shall terminate" . emploYee g ould be a wrong .tep to take. In ;` sponse to Dui= am, O s s. id City Attorney Rob Johnson conveyed to him that it was not co . istent p onnel rules. They could take this step, but there would be major n , # concerns. Keil wondered wh• employee rights became more important than the public's right to privacy. Bardarson didn't think the intent was to prohibit the action of termination, but she liked the idea of immediate suspension with possible termination as suggested by Amberg. Oates said there are very stringent rules if someone's privacy was violated, far worse than actions determined in this policy. 212 City of Seward, Alaska City Council Minutes March 23, 2010 (continued) Volume 38, Page ., After much discussion, Keil withdrew her motion and Shafer concurred with this action. Amendment (Amberg/Bardarson) Amend Resolution 2010 -028, section 12, by striking "disciplinary action that includes the possibility of and replace with "immediate suspension pending an investigation to dete . mine the appropriate disciplina a ction. This disciplinary action inc e ' es the possibility of termination fro II ' ployment." Motion Passed Unanimous ; n, , Keil wanted people to be informed if they are being witched on ore. Clemons said there would be times where sign i dipating camera's pres a ce could not be used He could use it in the public places and felt t ` oing that Amend (Bardarson /Shafer) Aim e • solut n 20 1 -028 section one by : s ding a' ne para . rail, "All public sury k'llance cameras will be noticed." Sow Motion Passed u uanil ous \ / i p Motion to Amend(Amberg/ °hafer) Amend > resolution 2010 -028, section six by - - -str ng the language "public employees" and replace with "law t enf - rcement employees." Motion Passed.- -- ---- -.. t Unanimous Main Moti n Passed As Yes: Bardarson, Amberg, Valdatta, Shafer, Mayor Dunham .,_ No: Keil COUNCIL € • MMENTS Shafer hoped the uicil and the public would go to the unveiling of the earthquake film at the library this week rjd. Dunham noted Seward's Day was coming up. Two marine highway vessels were in town being worked on. Council needed to help and comment on some of the legislation going on. It would be nice for some of the council to attend these hearings. He noted all of Homer Electric's electrical equipment was under cover. Fairbanks just passed a letter of support and asked for support resolution at the next meeting. Glen Loomis recently passed away, who was a 213 City of Seward, Alaska City Council Minutes March 23, 2010 (continued) Volume 38, Page long time Seward resident. It was a week of many birthdays - Margaret Anderson, Louie Bencardino, and most notably Florita Richardson turned 90 this week. CITIZENS' COMMENTS Tim McDonald noted under the constitution, the public had a right to an open and honest government and thought the executive sessions did not evoke that. A lot of the decisions and discussions regarding SMIC had been done behind closed doors. Secondly = stated he had seen the council site federal and state regulations and felt they were no , ;: rving the people. There was no compromise on that, and f e l t the council should start doi : i t ' s ' He felt they were disregarding the citizen's. COUNCIL AND ADMINISTRATION RESPONSE TO CI ' CO1/I NTS Dunham stated they did not have executive Bess' • ns ill- gaily. ~- --FIe wa ired of these accusations. Keil agreed with Dunham as there were certhi c term. se `not that requi ed executive sessions. She felt they were all covered under the i o y eti , gs ct. 71, e f- council was composed of appropriate, concerned citizens. ; ! Shafer also disagreed with McDonald. ADJOURNMENT . ` \ \ i �3 �, F The meeting was adjourned t 6:52 p. - - -- i i \ ) <y :, % ) Johanna Doller ide, C C it ) Willard E. Dunham Acting City erk ` Mayor \ (City Seal) ! \ 4 } i r^' („ -. 2 #'111/' 214 March Mayor's Report March has been a busy time. The first week the Clerk's and Development offices put together accommodations and a reception for the WADA International group from Japan. The reception was well attended and the visitors were pleased and impressed. They are very interested in creating visitor tours of Alaska retracing the steps and adventures of Jujiro Wada, a legendary adventurer whose travels took him from Seward to Nome along the Iditarod Trail. Wada's travels are of great interest in Japan and he is somewhat of a major hero there. On that Saturday I drove to Anchorage for a luncheon provided by the Alaska International Midnight Sun Marathon Tours for the Wada group. State officials; Mayor Denise Michels of Nome, Commissioner Emil Notti, Loren Leman from the Governor's office and several from the University attended. Special guest was Mr. Hideo Fujita, Japan Consular to Alaska. After the luncheon I came back to Seward for the reception here, which was a huge success with presentation of gifts, and the reading of our welcome proclamation. I asked Anna Clock, local teacher and former exchange student, to read it in Japanese. She did great, We owe her a great deal of thanks for doing some thing like that on short notice. Next day we did a tour of the Alaska Sea life Center, Seward Museum, and took pictures at Mile 0 and Kawabe Park. Then the group was off to Talkeetna and later Nome for the end of the Iditarod. I took a nap after a whirlwind weekend! Since then we have received a video disc of the reception which is fun to watch but may make you dizzy! Hopefully Josh or Mike can clean it up some. We have had some letters and follow -up from them. If things go as planned there may be a group coming in September. You should have some correspondence in you packet on this. The next move should come from us. I have been working with the group in Anchorage and Jean's office on a letter to the Mayor and Marathon groups inviting them here. I believe you have something on the Agenda which should be acted upon before I send it. I really believe this is a good chance to expand our visitor season into fall and bring quite a bit of new business for the Seward area. These would be high -end travelers who want to learn much more about their countryman's travels and exploits. On the 9`" I traveled to Juneau for the Alaska Power Association meeting. This is where all the state power producers and deliverers meet with each other and the legislators to talk about common problems. Most of us hoped to find some hope on GRETC, but most talk from the legislators went back to talking about oil, gas and the tax structures of same. Not much was realized I am afraid. There will however, have to be some movement. It was clear that the other areas of Alaska will get some relief on the high cost of energy if the railbelt is to get some funding. The GRETC bill has finally reached the floor but is under attack, mostly by the RCA Commission. It has moved one committee each in the house and senate. By the time you read this we should have a better grasp of its chances of passage. John and I were able to keep our three capital requests in the hopper with the GRETC action but there is a long Sow, way to go. 215 I spent 1 -1/2 days working the halls and met with Rep. Seaton and Senator Stevens. It was nice to be able to introduce John Foutz to many of the officials we met. It was John's first trip to Juneau. We are very lucky to have an electric utility director like John He made many good points in Juneau armed with his knowledge of our situation. I had a brief opportunity to meet and talk with Attorney General Sullivan. He had not yet read my letter. Jean e- mailed a copy to him and he has since replied, asking for additional information. I am putting together that information and will forward it to him. This one is different from the request sent to the governor. It is being handled in a different manner. I also had a chance to have dinner with the former director of the Alaska Film Office. We talked about the future of Alaska film making. She is now working with Evergreen Films which have the filming rights to Dana Stabenow's mysteries that feature Alaska. Vice Mayor Jean Bardarson and Laura Cloward of the Chamber of Commerce met with the film group. Interestingly, Cloward and one of the writers had a mutual friend and knew of each others families. Small world. I was able to speak with some legislators on the gravel sale problems, but not much headway on that. I think we need to get the DNR Commissioner and others to Seward to talk on the ground about our problems, I plan to invite several of them to visit when the Legislative session is over. I was invited to a session regarding Kenai Peninsula College planning and performance. That was on the 30th. They made a pointed comment that it was nice to see Seward in attendance. It seems it has been eight or more years since we had a representative at their planning sessions. I asked the Clerk and Vanta and neither can remember having received any notification of these meetings. I invited them to visit Seward and meet our educators and tour the SeaLife Center and AVTEC. Chancellor Fran Ulmer was there. It seems most peninsula cities are involved in some manner with the college. Some help with housing of students. The college is growing and they would like further involvement here. I've been spending time looking at potential businesses coming to Seward and will be off to Seattle this week with the Chamber of Commerce doing just that. I've also undertaken a policy of writing letters of thanks to business folks who come here to look the town over. s . of any please let the Clerk's office (or me) know so we can follow -up. I I am, ayor solid City of Seward City of Seward, Alaska 4 "� 1963 1965 2005 u( o P.O. Box 167 ittiattl ; Seward, Alaska 99664 -0167 AII•America City lcAsKP Main Office (907) 224 -4050 ' r Facsimile (907) 224 -4038 March 31, 2010 Exxon Valdez Oil Spill Trustee Council 13 COPY 441 West 5 Avenue, Suite 500 Anchorage, AK 99501 Dear Trust Council Members; Thank you for this opportunity to comment on the usage of the remaining EVOS funds. To start, I would reminisce on what I see as the very proper use of the huge settlement dollars put under your control due to the disaster. The funds used for repair and science were well spent! In some cases it went to very good projects and other's not as good. The funds spent on the Science Centers were very good expenditures and continue to bring benefits to you and our public. Your start-up dollar's to begin building the Alaska Sealife Center has been returned many times over. It continues with the education of our children and all public visitors statewide, nationally, as well as global visitors. The fact it is the only cold water research Center in the North Pacific to enable this research should be a source of pride to you. You should also be very pleased of the help and understanding from this tragedy these funds have produced; but, I think you lost your focus. We hear constantly from various groups about oiled beaches, poor returns of fish, and damaged beach dwellers and crustaceans which make up the intertidal community, so vital for so many species. I would like to remind you that we have been five years without an oceanographic vessel since the University decommissioned the Alpha Helix. I feel you missed a grand opportunity to use some funds to work the damaged coastline. We are in dire straits, because as to my knowledge, not one of our University's has the funds to do this work. In my mind the Trustees' could have put more funds to keep the ship here or paid for additional usage of the standby fleet's response teams, etc. I believe you had before the council some years ago, a plan to establish a Science Trust, which the earnings could be used for science based programs. Apparently this was not accomplished because of legal issues? There are many Trusts of this type, so I don't think this is an answer. As I read in your paper of the $900 million dollars, there is about $100 million left. What is left should go to funding science that will repair a portion of the oil spill damage or to programs that can help protect us in the future, which in my opinion, was the court's primary intent when the award was decreed. c I feel you have done enough habitat purchases. Very few of these purchases did anything scientifically to help the recovery or understanding of the ecologically damaged area of the spill. Buying lands to expand Parks, and giving out unusable corporation lands in the Lands Claim legislation may have felt good to set aside for some, but did nothing to repair the damage of the oil spill, or to understand it. You have several outstanding examples of how funds were used, with the portion of funds used to build the Alaska SeaLife Center being one of them. I would like to reiterate my testimony to your group that it was funds from the City of Seward and many concerned individuals that also built it. Again, I would like to emphasize the remaining $100 million dollars should be used to properly fund science which can benefit our present and future populations who will use this land for their needs. This is a success story for your council and for us here in Seward. I hope you will take this opportunity to spend the little left of a huge award on science for our state and the people who live here. Future generations are depending on it. Sincerely Willard E. Dunham Mayor of the City of Seward, Alaska Nftgif 21 .8 LISA MURKOWSKI 510 L STREET, SUITE 550 ALASKA ANCHORAGE, AK 99501-1956 (907) 271-3735 COMMITTEES: N 101 12TH AVENUE, ROOM 216 ENERGY AND NATURAL RESOURCES United eStates eS e mat FAIRBANKS, AK 99701-6278 RANKING MEMBER "'j`(, `C (907) d58 -0233 WASHINGTON D C 20510 -0203 805 FR ONTAGE ROAD, S UITE 105 APPROPRIATIONS KENAI, AK 99611 (202) 224 - 6665 (907) 283-5808 HEALTH, EDUCATION, LABOR, (202) 224 - 5301 FAX AND PENSIONS 4079 TONGASS AVENUE, SUITE 204 KETCHIKAN, AK 99901 -5526 INDIAN AFFAIRS (907) 225-6880 851 EAST WESTPOINT DRIVE, SUITE 307 WASILLA, AK 99654.7142 March 26, 2010 (907) 376.7665 The Honorable Willard Dunham Mayor City of Seward Post Office Box 27 Seward, Alaska 99664 -0027 Dear Mayor Dunham: Thank you for contacting me to share your support for funding for various Alaska SeaLife Center projects. Your letter has been matched with the corresponding appropriations request form, and I will keep your letter of support in mind as I evaluate requests for Fiscal Year 2011. I am in the process of reviewing the many submitted projects that are important to Alaskans this year. I will select my Fiscal Year 2011 priorities from this list of requests and forward them to the Appropriations Committee. My Fiscal Year 2011 requests will be posted on my website soon. Please remember, that with so many worthy projects, it is not possible to Nikaw fulfill every request, and previous funding is not a guarantee of future funding. Again, thank you for contacting me. Sincerely, A cA//-.0ftdAvic--) Lisa Murkowski United States Senator • 2`9 HOME PAGE AND WEB. MAIL MURKOWSKISENATE,GOV LISA MURKOWSKI 510I STREET, SUITE 550 ALASKA ANCH AK 99501 -1956 (907) 2713735 COMMITTEES: 101 12TH AVENUE, ROOM 216 9 t � FAIR AK 99701 8278 United ENERGY AND NATURAL RESOURCES ( CC a 1S�`�8ii t s 74VV�� a SS�`JJii te (907) A 8 3 RANKING MEMBER WASHINGTON, DC 20510 -0203 805 FRONTAGE A ROAD, SUITE 105 APPROPRIATIONS KENAI, AK 99611 -9104 (202) 224 -6665 (907) 283 - 5808 HEALTH, EDUCATION, LABOR, (202) 224 -5301 FAX 4079 TONGASS AVENUE, sut AND PENSIONS KETCHIKAN, AK 99901-55 INDIAN AFFAIRS (907) 225.6880 851 EAST WESTPOINT DRIVE, SUITE 307 WASILLA, AK 99654 -7142 March 26, 2010 (907) 376 -7665 The Honorable Willard Dunham Mayor City of Seward Post Office Box 27 Seward, Alaska 99664 -0027 Dear Willard: I am in the process of reviewing the many submitted projects that are important to Alaskans this year. I will select my Fiscal Year 2011 priorities from this list of requests and forward them to the Appropriations Committee. My Fiscal Year 2011 requests will be posted on my website soon. Please remember, that with so many worthy projects, it is not possible to fulfill every request, and previous funding is not a guarantee of future funding. Again, thank you for contacting me. Sincerely, A f.s/r". , A6•1<- 4 ---) Lisa Murkowski United States Senator 9 9 HOME PAGE AND WEB MAIL MURKO W SKI.SENATE.GOV CITY OF SEWARD Budgeted Summary Revenue and Expense /Expenditure by Fund For the Month Ending January 31, 2010 (Through January, 8.3% of the year has expired) Through January Annual Actual YTD Budget Annual %of 2009 2010 Variance Budget Variance Budget Budget Revenue General Fund $ 307,043 $ 84,235 $ (222,808) $ 777,572 $ (693,337) $ 9,330,866 0.9% Small Boat Harbor Enterprise Fund $ 195,474 $ 200,395 $ 4,921 $ 241,399 $ (41,004) $ 2,896,786 6.9% S.M.I.C. Enterprise Fund $ 63,079 $ 58,037 $ (5,042) $ 67,158 $ (9,121) $ 805,893 7.2% Electric Fund $ 860,649 $ 720,627 $ (140,022) $ 991,684 $ (271,057) $ 11,900,208 6.1% Water Enterprise Fund $ 67,317 $ 62,465 $ (4,852) $ 91,063 $ (28,598) $ 1,092,755 5.7% Wastewater Enterprise Fund $ 78,596 $ 80,425 $ 1,829 $ 87,219 $ (6,794) $ 1,046,625 7.7% Expenses General Fund General Government Mayor and Council $ 15,627 $ 21,443 $ 5,816 $ 30,178 $ 8,735 $ 362,129 5.9% City Manager, Legal, MIS, Comm Dev 102,770 98,063 (4,707) 98,780 717 1,185,363 8.3% City Clerk 25,458 24,017 (1,441) 21,369 (2,648) 256,431 9.4% Finance Administration 73,189 75,730 2,541 55,989 (19,741) 671,868 11.3% General Services 5,425 147,915 142,490 27,075 (120,840) 324,902 45.5% Total General Government $ 222,469 $ 367,168 $ 144,699 $ 233,391 $ (133,777) $ 2,800,693 13.1% Public Safety Police Department 259,109 260,341 1,232 198,703 (61,638) 2,384,429 10.9% Fire Department 59,879 64,581 4,702 52,164 (12,417) 625,959 10.3% Engineer /Utility Manager 5,516 - (5,516) - - - #DIV /0! Building Inspection 10,579 13,002 2,423 9,927 (3,075) 119,129 10.9% Total Public Safety $ 335,083 $ 337,924 $ 2,841 $ 260,794 $ (77,130) $ 3,129,517 10.8% Public Works SOW Roads and Streets 96,097 71,075 (25,022) 70,236 (839) 842,842 8.4% City Shop 28,987 34,614 5,627 31,270 (3,344) 375,241 9.2% Municipal Building 25,470 26,979 1,509 24,596 (2,383) 295,143 9.1% Total Public Works $ 150,554 $ 132,668 $ (17,886) $ 126,102 $ (6,566) $ 1,513,226 8.8% Parks & Recreation $ 91,540 $ 93,628 $ 2,088 $ 98,533 $ 4,905 $ 1,182,403 7.9% Library $ 42,543 $ 37,633 $ (4,910) $ 33,280 $ (4,353) $ 399,363 9.4% Debt Service $ 101,994 $ 104,505 $ 2,511 $ 65,654 $ (38,851) $ 787,852 13.3% Total General Fund $ 944,183 $ 1,073,526 $ 129,343 $ 817,754 $ (255,772) $ 9,813,054 10.9% Small Boat Harbor Enterprise Fund $ 278,343 $ 260,808 $ (17,535) $ 317,452 $ 56,644 $ 3,809,426 6.8% Parking Enterprise Fund $ 4,344 $ 3,936 $ (408) $ 39,920 $ 35,984 $ 479,036 0.8% S.M.I.C. Enterprise Fund $ 81,216 $ 69,780 $ (11,436) $ 84,437 $ 14,657 $ 1,013,239 6.9% Electric Fund $ 864,516 $ 696,961 $ (167,555) $ 960,481 $ 263,520 $ 11,525,767 6.0% Water Enterprise Fund $ 2,175 $ 2,000 $ (175) $ 128,411 $ 126,411 $ 1,540,936 0.1% Wastewater Enterprise Fund $ 70,361- $ 61,642 $ (8,719) $ 92,910 $ 31,268 $ 1,114,920 5.5% I tilsor 221 As of 2/22/10 CITY OF SEWARD Legal Expenditures For Calendar Year Ending December 31, 2010 Billing for Month of ( JANUARY, 2010 I sled This Month Thru Prior Budget Subject Bills to be Month % of Subject Matter Matter # Approv. Actual Total Annual Budget GENERAL FUND: (101 -1115- 5170 -xxxx) General Government 1001 $6,161.71 0.00 6,161.71 Rock Quarry 1002 $78.00 0.00 78.00 Exxon Oil Spill Litigation 1004 $0.00 0.00 0.00 GCI Cable access 1005 $0.00 0.00 0.00 Property Title Issues -Quiet Title 1008 $160.10 0.00 160.10 Washington's Army 1014 $0.00 0.00 0.00 Alaska SeaLife Center 1022 $307.50 0.00 307.50 Planning & Zoning Issues 1026 $3,456.38 0.00 3,456.38 Shellfish Hatchery Issues 1030 $0.00 0.00 0.00 NRCS Flood Mitigation/Soil Erosion 1503 $0.00 0.00 0.00 SBH Leases - 1/2 GF; 1/2 SBH 1035 $292.50 0.00 292.50 SMIC Leases - 1/2 GF; 1/2 SMIC 1036 $224.25 0.00 224.25 Long -Term Care Facility 1041 $0.00 0.00 0.00 COS vs. Pruitt/Ace 1042 $0.00 0.00 0.00 Res. Bay Conserv. Alliance 1043 $882.50 0.00 882.50 Jesse Lee Home 1045 $0.00 0.00 0.00 Total General Fund: $11,562.94 $0.00 $11,562.94 $151,000 7.7% HARBOR FUND: (401 - 4370 - 5170 -xxxx) General Harbor Issues 4102 $351.00 0.00 351.00 SBH Leases - 1/2 GF; 1/2 SBH 4106 $292.50 0.00 292.50 Total Harbor Fund: $643.50 0.00 643.50 $ 23,000 \ SMIC FUND: (417- 4500 - 5170 -xxxx) General SMIC Issues 4170 $585.00 0.00 585.00 Seward Ships Arbitration 2008 1046 $0.00 0.00 0.00 SMIC Leases - 1/2 GF; 1/2 SMIC 4107 $224.25 0.00 224.25 Total SMIC Fund: $809.25 0.00 809.25 $ 8,000 10.1% PARKING FUND: (403- 4030 - 5170 -xxxx) General Parking Issues 4030 $0.00 0.00 0.00 Total Parking Fund: $0.00 0.00 0.00 $ - 0.0% ELECTRIC FUND: (501 -5400 -5170 -xxxx) General Electric Issues 5004 $838.50 0.00 838.50 Bond Refunding 5003 $0.00 0.00 0.00 Power Sales Agreement 5005 $0.00 0.00 0.00 Labor/Personnel 5006 $0.00 0.00 0.00 IBEW Collective Bargaining Agmt 5007 $0.00 0.00 0.00 Qualifying Facilities Matters 5008 $0.00 0.00 0.00 CEA Ty 2000 Rate Case 5009 $0.00 0.00 0.00 Chugach PSA Extension 5010 $0.00 0.00 0.00 SE Matter 5011 $0.00 0.00 0.00 Total Electric Fund: $838.50 0.00 838.50 $ 123,500 0.7% WATER FUND: (701- 7400 - 5170 -xxxx) General Water Issues 7001 $0.00 0.00 0.00 Total Water Fund: $0.00 0.00 0.00 $ 10,000 0.0% WASTEWATER FUND: (703- 7900 - 5170 -xxxx) General Wastewater Issues 7003 $0.00 0.00 0.00 Total Wastewater Fund: $0.00 0.00 0.00 $ 5,000 0.0% TOTAL: $13,85(;• 9I 0 0.00 13,854.19 # $320,500 4.3% CITY OF SEWARD Legal Expenditures For Calendar Year Ending December 31, 2010 Billing for Month of I FEBRUARY, 2010 I This Month Thru Prior Budget Prior Subject Subject Bills to be Month % of Year Matter Subject Matter Matter # Approv. Actual Total Annual Budget Balance Totals GENERAL FUND: (101- 1115 - 5170 -xxxx) General Government 1001 $3,692.03 $6,161.71 9,853.74 Rock Quarry 1002 $175.50 578.00 253.50 14,847 15,101 Exxon Oil Spill Litigation 1004 $0.00 $0.00 0.00 57,315 57,315 GC! Cable access 1005 $0.00 50.00 0.00 Property Title Issues -Quiet Title 1008 $0.00 $160.10 160.10 Washington's Army 1014 50.00 $0.00 0.00 Alaska SeaLife Center 1022 $0.00 $307.50 307.50 43,168 43,476 Planning & Zoning Issues 1026 $3,958.50 $3,456.38 7,414.88 48,975 56,390 Shellfish Hatchery Issues 1030 $0.00 $0.00 0.00 35,898 35,898 NRCS Flood Mitigation/Soil Erosion 1503 $0.00 50.00 0.00 1,781 1,781 SBH Leases - 1/2 GF; 1/2 SBH 1035 $0.00 $292.50 292.50 17,776 18,069 SMIC Leases - 1/2 GF; 1/2 SMIC 1036 $195.00 $224.25 419.25 16,721 17,140 Long -Term Care Facility 1041 $0.00 $0.00 0.00 #VALUE! COS vs. Pruitt/Ace 1042 $0.00 $0.00 0.00 11,691 11,691 Res. Bay Conserv. Alliance 1043 $4,134.00 $882.50 5,016.50 Jesse Lee Home 1045 $0.00 50.00 0.00 Total General Fund: $12,155.03 511,562.94 $23,717.97 5151,000 15.7% HARBOR FUND: (401- 4370 - 5170 -xxxx) General Harbor Issues 4102 $994.50 $351.00 1,345.50 SBH Leases - 1/2 GF; 1/2 SBH 4106 $0.00 $292.50 292.50 17,776 18,069 Total Harbor Fund: 5994.50 643.50 1,638.00 $ 23,000 7.1% SMIC FUND: (417- 4500 -5170 -xxxx) General SMIC Issues 4170 $938.94 5585.00 1,523.94 Seward Ships Arbitration 2008 1046 $0.00 50.00 0.00 SMIC Leases - 1/2 GF; 1/2 SMIC 4107 $195.00 $224.25 419.25 20,443 20,862 Total SMIC Fund: 51,133.94 809.25 1,943.19 $ 8,000 24.3% PARKING FUND: (403- 4030 - 5170 -xxxx) General Parking Issues 4030 $0.00 0.00 0.00 Total Parking Fund: S0.00 0.00 0.00 $ - 0.0% ELECTRIC FUND: (501 - 5400 -5170 -xxxx) General Electric Issues 5004 $39.00 838.50 877.50 Bond Refunding 5003 50.00 0.00 0.00 Power Sales Agreement 5005 $0.00 0.00 0.00 Labor /Personnel 5006 $0.00 0.00 0.00 7,009 7,009 IBEW Collective Bargaining Agmt 5007 $371.76 0.00 371.76 44,237 44,609 Qualifying Facilities Matters 5008 $0.00 0.00 0.00 35,432 35,432 CEA Ty 2000 Rate Case 5009 $0.00 0.00 0.00 101,849 101,849 Chugach PSA Extension 5010 $0.00 0.00 0.00 3,823 3,823 SE Matter 5011 $0.00 0.00 0.00 Total Electric Fund: 5410.76 838.50 1,249.26 $ 123,500 1.0% WATER FUND: (701- 7400 - 5170 -xxxx) General Water Issues 7001 $0.00 0.00 0.00 Total Water Fund: 50.00 0.00 0.00 $ 10,000 0.0% WASTEWATER FUND: (703 - 7900 -5170 -xxxx) General Wastewater Issues 7003 50.00 0.00 0.00 Total Wastewater Fund: 50.00 0.00 0.00 S 5,000 0.0% TOTAL: 514,694.23 13,854.19 28,548.42 # 5320,500 8.9% VOUCHER: VENDOR NO: 1324 FINANCE APPROVAL: INVOICE NO: 10 -Feb CITY MANAGER APPROVAL: Updated thru 1/20/10 Billing Revised 7/29/09 CI 2 .1 CITY OF SEWARD Legal Expenditures For Calendar Year Ending December 31, 2010 Billing for Month of ( MARCH, 2010 I This Month Thn, Prior Budget Prior Subject Subject Bills to be Month % of Year Matter Subject Matter Matter # Approv. Actual Total Annual Budget Balance Totals GENERAL FUND: (101 - 1115 - 5170 -xxxx) General Government 1001 $2,857.14 $9,853.74 12,710.88 Rock Quarry 1002 $156.14 $253.50 409.64 14,847 15,257 Exxon Oil Spill Litigation 1004 50.00 0.00 57,315 57,315 GCI Cable access 1005 $0.00 0.00 Property Title Issues -Quiet Title 1008 $408.60 $160.10 568.70 Washington's Army 1014 $0.00 0.00 Alaska SeaLife Center 1022 $307.50 307.50 43,168 43,476 Planning & Zoning Issues 1026 $3,627.42 $7,414.88 11,042.30 48,975 60,017 Shellfish Hatchery Issues 1030 $0.00 0.00 35,898 35,898 NRCS Flood Mitigation/Soil Erosion 1503 $0.00 0.00 1,781 1,781 SBH Leases- 1/2 GF; 1/2 SBH 1035 $292.50 292.50 17,776 18,069 SMIC Leases - 1/2 GF; 1/2 SMIC 1036 $419.25 419.25 16,721 17,140 Long -Term Care Facility 1041 50.00 0.00 #VALUE! COS vs. Pruitt/Ace 1042 50.00 0.00 11,691 11,691 Res. Bay Conserv. Alliance 1043 $16,672.50 $5,016.50 21,689.00 Jesse Lee Home 1045 $0.00 0.00 Total General Fund: 523,721.80 523,717.97 547,439.77 $151,000 31.4% HARBOR FUND: (401- 4370 - 5170 -xxxx) General Harbor Issues 4102 $2,593.50 $1,345.50 3,939.00 SBHLeases - 1/2 GF; 1/2 SBH 4106 $292.50 292.50 17,776 18,069 Total Harbor Fund: 52,593.50 1,638.00 4,231.50 $ 23,000 18.4% SMIC FUND: (417- 4500 - 5170 -xxxx) General SMIC Issues 4170 51,523.94 1,523.94 Seward Ships Arbitration 2008 1046 50.00 0.00 SMIC Leases - 1/2 GF; 1/2 SMIC 4107 $419.25 419.25 20,443 20,867 Total SMIC Fund: 50.00 1,943.19 1,943.19 $ 8,000 24.3% PARKING FUND: (403- 4030 - 5170 -xxxx) General Parking Issues 4030 $0.00 0.00 0.00 Total Parking Fund: 50.00 0.00 0.00 $ - 0.0% ELECTRIC FUND: (501 - 5400 - 5170 -xxxx) General Electric Issues 5004 $156.00 877.50 1,033.50 Bond Refunding 5003 0.00 0.00 Power Sales Agreement 5005 0.00 0.00 Labor /Personnel 5006 0.00 0.00 7,009 7,009 IBEW Collective Bargaining Agmt 5007 371.76 371.76 44,237 44,609 Qualifying Facilities Matters 5008 0.00 0.00 35,432 35,432 CEA Ty 2000 Rate Case 5009 0.00 0.00 101,849 101,849 Chugach PSA Extension 5010 0.00 0.00 3,823 3,823 SE Matter 5011 0.00 0.00 Total Electric Fund: $156.00 1,249.26 1,405.26 $ 123,500 1.1% WATER FUND: (701- 7400 - 5170 -xxxx) General Water Issues 7001 $0.00 0.00 0.00 Total Water Fund: 50.00 0.00 0.00 $ 10,000 0.0% WASTEWATER FUND: (703- 7900 - 5170 -xxxx) General Wastewater Issues 7003 $0.00 0.00 0.00 Total Wastewater Fund: 50.00 0.00 0.00 $ 5,000 0.0% TOTAL: 526,471.30 28,548.42 55,019.72 # $320,500 17.2% VOUCHER: VENDOR NO: 1324 FINANCE APPROVAL: INVOICE NO: Mar -10 CITY MANAGER APPROVAL: Updated thru 1/20/10 Billing Revised 7/29/09 9 2. ( 0. t r 3/18/2010 10:30 AM Run Date - 3/18/10 @ 10:30 AM Providence Health & Services DET OPS 110 - MGD - PROV SEWARD MED CTR Detail Statement of Operations (in Thousands) Reported as of February 2010 % Variance % Variance Last Year % Variance Actual MTD Budget MTD MTD Actual YTD Budget YTD YTD Actual YTD YTD Gross Service Revenues: 225 104 116.3% Acute Care- Inpatient 420 211 99.1% 232 81.0% 449 511 (12.1 %) Acute Care - Outpatient 906 1,023 (11.4 %) 921 (1.6 %) 97 127 (23.6 %) Primary Care 229 254 (9.8 %) 218 5.0% 732 733 (0.1 %) Long -term Care 1,483 1,542 (3.8 %) 976 51.9% - - - Homecare & Hospice - - - (2) - - - - Housing & Assist. Living - - - - - 1,503 1,475 1.9% Total Gross Service Revenues 3,038 3,030 0.3% 2,345 29.6% Revenue Deductions: 18 15 (20.0 %) Charity Care 35 32 (9.4 %) 22 (59.1%) - - - Medicaid Charity - - - - . 18 110 83.6% Medicare & Medicaid 57 225 74.7% 251 77.3% (5) 4 225.0% Negotiated Contracts 3 8 62.5% 25 88.0% 31 360 91.4% Other 71 721 90.2% 160 55.6% 62 489 87.3% Total Deductions 166 986 83.2% 458 63.8% 1,441 986 46.1% Net Service Revenue 2,872 2,044 40.5% 1,887 52.2% - - - Premium Revenue - - - - _ - - - Rental and Education Revenue - - - _ _ 8 8 0.0% Other Operating Revenue 13 15 (13.3 %) 20 (35.0 %) 1,449 994 45.8% Total Net Operating Revenues 2,885 2,059 40.1% 1,907 51.3% i\s ^d°) Expenses from Operations: La - - - Purchased and Healthcare Expenses - - - _ _ Other Expenses from Operations: 624 577 (8.1 %) Salaries & Wages 1,290 1,213 (6.3 %) 1,111 (16.1 %) 185 186 0.5% Employee Benefits 389 372 (4.6 %) 340 (14.4 %) (2) 4 150.0% Professional Fees 6 8 25.0% 7 14.3% 61 64 4.7% Supplies 133 131 (1.5 %) 150 11.3% 140 211 33.6% Purchased Service 303 423 28.4% 326 7.1% 2 2 - Depreciation 4 4 - 4 - - - - Interest and Amortization 1 - - 5 80.0% 80 64 (25.0 %) Bad Debts 100 129 22.5% 96 (42%) - - - Healthcare Taxes - - - - 283 8 (3,437.5 %) Other Expenses 568 17 (3,241.2 %) 87 (552.9 %) 1,373 1,116 (23.0 %) Total Other Exp from Operations 2,794 2,297 (21.6 %) 2,126 (31.4 %) 1,373 1,116 (23.0 %) Total Operating Expenses 2,794 2,297 (21.6 %) 2,126 (31.4 %) 76 (122) 162.3% Excess of Rev Over Exp from OPS 91 (238) 138.2% (219) 141.6% - 1 - Non - Operating Gain (Loss) - 2 - - - 76 (121) 162.8% Excess of Revenues Over Expenses 91 (236) 138.6% (219) 141.6% Other Activity - Unrestricted - 1 - Increase (Decrease) in UR Net Assets 91 (218) 141.7% 1 T 4 S 6� 8 91O 2 3 4 5 6 7 8 11214 9Ati'2 20 122 6272 8 1 23 24 16 1718' 19 2 � �0 2� 2.4 25 26 22 28y2� 'I r , Monday Tuesday Wednesday, Thursday ErlclB Sa ,$in a `'R 4 I . . , nt.. g a ' r . a iaMi F, a s .�,,.. i is � .�~ . a 4' Q *tL P&Z Work � 12 0� pf2t-,PACAB t f �f Session Meeting 7ttfq"P&Z Meeting ,fi=r• - n r r> t pp �. (pn'City Council Meeting aFP&Z Schafer �' aPACA6 Work 1 , ,. i ISocial Appeal Session Security Rep O S Historic Preservation Meeting t�fJs Clty ounci xx Meeting Nanci Richey 1 r) r 4/6/2010 4:05 PM May 010 May 2010 Tune 2010 SM -T W.T'F S SM T W,.� 9,..111.41:42 13 1415 13 14 15.16;1748.19 ' 19 21 22.? 2021 22 24''25' 2 6" 23 24:15'261228 29 27 28 29 30 Mori '�uesda ' �+Vedri H ` a ih Fnda ... .. ._ v.. • Ma 1 ' _ . 3 , !< �4 , " .5- 6 7: 6:00pm Alaska KPB Meeting yr :00prri PACAB 7 :30pm P&Z Meeting Pipeline Meeting Project 9 10 11: 12: ..13 14 15 { 7:00pm City Council 12 :OOpm Meeting lE 17 18 19 20 21 • 22 6:30pin P&Z Work 12:00pm PACAB Work 9:OOam. Social Session Session Security Rep 6:30pm`Historic Preservation Meeting 23 24 25 26 27 28'> 29 C 7:00prn City Council Meetin . 30 31, Nanci Richey 2 4/6/2010 4:05 PM