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HomeMy WebLinkAboutMinutes 01/03/20127054 CITY COUNCIL MEETING Port Angeles, Washington January 3,2012 CALL TO ORDER- Mayor Di Guilio called the regular meeting of the Port Angeles City Council to REGULAR MEETING: order at 6:00 p.m. ROLL CALL: PLEDGE OF ALLEGIANCE: Members Present: Mayor Di Guilio, Councilmembers Bruch, Collins, Downie, Kidd, Mania, and Nelson. Members Absent: None. Staff Present: Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler, T Gallagher, D McKeen, N. West, T Pierce, D Bellamente, C. Delikat, R. Brackett, and S. Roberds. Mayor Di Guilio led the Pledge of Allegiance to the Flag. CEREMONIAL 1 Selection of Mayor and Deputy Mayor MATTERS/ PROCLAMATIONS/ Mayor Di Guilio called for nominations for Mayor & EMPLOYEE RECOGNITIONS: It was moved by Mania and seconded by Bruch to: Appoint Councilmember Kidd as Mayor. Motion carried 7 -0. Mayor Kidd assumed the role of chair and called for nominations for Deputy Mayor It was moved by Nelson and seconded by Di Guilio to: Appoint Councilmember Downie as Deputy Mayor It was moved by Kidd to: Nominate Councilmember Collins as Deputy Mayor Mayor Kidd called for the vote for Councilmember Downie. D. (nu 1Co,TOxrnt,atcQNelscv, Favor dA" Motion failed 3 -4, with Brash, Cs#krs, Klatt, amtfehatia voting in a en, Mayor Kidd called for the vote for Councilmember Collins. t6c011- 6mte- k ,CoiteAs,an4 Mati& flavor Motion carried 4 -3, with biia, Dow nIc, and -Nelson voting in ep:pesiFiew. ski PUBLIC COMMENT Darlene Schanfald, PO Box 2664, Sequim, invited Council to the upcoming meeting, Water is a Resource: Keeping it Clean and Reusable. Frances Charles, Chair of the Lower Elwha Klallam Tribe, thanked and congratulated outgoing and incoming Councilmembers, Mayor, and Deputy Mayor 1 7055 CITY COUNCIL MEETING January 3,2012 CITY COUNCIL REPORTS: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: CONSENT AGENDA: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Break: OTHER CONSIDERATIONS: None. None. It was moved by Di Cuilio and seconded by Mania to approve the Consent Agenda to include: 1 City Council Minutes for December 20, 2011 2. Expenditure Approval List: 12/10/11 to 12/23/11 for $2,594,399.05 3 Final Acceptance Tree Trimming Contract — Project WF- 1 3 3 4 1 2/03 4 Amendment to Agreement — William Shore Memorial Pool District Motion carried 6 -0, with Bruch abstaining from the vote. 1 Electrical Work Permit Fee Corrections Public Works and Utilities Director Cutler explained this was the second reading of the Ordinance, which is being proposed to increase efficiency and cost effectiveness for the City and the public. Council discussion followed. Mayor Kidd conducted a second reading of the ordinance by title, entitled, ORDINANCE NO 3444 AN ORDINANCE of the City of Port Angeles, Washington, revising Sections of Chapter 3 70, of the Port Angeles Municipal Code relating to Electrical Work Permit fees. It was moved by Mania and seconded by Downie to: Adopt the Ordinance as read by title. Motion carried 7 -0. Mayor Kidd recessed the meeting for a break at 6.19 p.m. The meeting reconvened at 6:36 p.m. 1 Local Source Control Program Grant Director Cutler introduced Deputy Director of Operations Brackett and complimented him on working to receive the grant from the Washington State Department of Ecology Deputy Director Brackett stated then stated the purpose of the grant was to fund a temporary full -time position, for 18 months, to provide education and technical assistance for the public and local businesses on the best management practices in handling hazardous and dangerous water, stormwater, solid waste, and spill prevention. Council discussion followed. It was moved by Downie and seconded by Nelson to: Approve and authorize the City Manager to sign a contract accepting a grant in the amount of $154,700 from the Washington State Department of Ecology and create a temporary full -time, 1 8-month term employment position of Local Source Control specialist, and to make minor modifications to the contract, if necessary Motion carried 7 -0. 2 OTHER • CONSIDERATIONS. • CITY COUNCIL MEETING January 3, 2012 2. Governor's Petition for Marijuana Reclassification Manager Myers stated the Governor of Washington and Rhode Island have petitioned the U.S. Drug Enforcement Agency (DEA) to reclassify marijuana from a Schedule I to a Schedule II drug, so it can be considered a drug with medical value and be prescribed by a doctor or dispended by a pharmacy He stated the City was invited by the Association of Washington Cities (AWC) to submit a letter of support of the Governor's petition. Council discussion followed. It was moved by Mania and seconded by Nelson to: Take a position in support of the Governor's petition and authorize the City Manager to send a letter stating such. Motion carried 6 -1, with Di Guilio voting in opposition. CONSENT AGENDA: 5 Combined Sewer Overflow Pre - Clearance Excavation Project 06 -01 / (Cont'd) Final Acceptance INFORMATION: WORK SESSION: EXECUTIVE SESSION: Councilmember Mania stated he wanted the item pulled so he did not have to vote no on the entire Consent Agenda. Director Cutler stated the project was completed under budget. It was moved by Di Guilio and seconded by Nelson to: Accept the CSO Pre - clearance Excavation, Project No. 06 -01, and authorize release of the retainage upon receipt of required clearances. Motion carried 5 -2, with Mania and Bruch voting in opposition. Manager Myers spoke regarding the special City Council meeting with the Department of Ecology on January 9, the City Council retreat on January 21, and the upcoming solid waste survey regarding recycling and solid waste services. Council discussion followed. 1 Ethics Issues & Related Topics - Training Attorney Bloor conducted a PowerPoint presentation on ethics and related issues to the City Council. He addressed specific ethics issues, Washington State law, and discussed the options regarding the City adopting specific ethics policies. Council discussion followed. 2. Public Records — Training Attorney Bloor and Clerk Hurd conducted a PowerPoint presentation on public records and public records disclosure as part of the annual training required under the Port Angeles Municipal Code. Council discussion followed. Based upon input from Attorney Bloor, Mayor Kidd announced the need for an Executive Session under the authority of RCW 42.30.110(1)(i), for the purpose of discussing potential litigation with legal counsel, for approximately 15 minutes. The Executive Session convened at 8:00 p.m. The session was extended by announcement at 8:15 p.m. for 5 minutes. 3 7056 7057 CITY COUNCIL MEETING January 3, 2012 RETURN TO OPEN SESSION: The Executive session concluded at 8:21 p.m. No action was taken. ADJOURNMENT; The meeting adjourned at 8:21 p.m. 4 Opressa Hurd, City Clerk 7058 EXECUTIVE SESSION Date: January 3, 2012 Expected length of session: 15 minutes Is action expected following the session. No. At the start of Executive Session, remind participants that: • Only announced topics may be discussed • No final action can be taken in Executive Session • Discussions are confidential Reason for Executive Session. To consider matters affecting national security To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price. To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public. To review negotiations on the performance of public bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs. To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge. To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30 140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. 7059 EXECUTIVE SESSION January 3, 2012 To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public. X To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency Closed session under RCW 42.30.140- To discuss proceedings concerned with the formal issuance of an order granting, suspending, revoking, or denying any license, permit, or certificate to engage in any business, occupation, or profession, or to receive a license for a sports activity or to operate any mechanical device or motor vehicle where a license or registration is necessary; or Meeting of a quasi - judicial body relating to a quasi - judicial matter between named parties as distinguished from a matter having general effect on the public or on a class or group. Matters governed by chapter 34 05 RCW, the Administrative Procedure Act. Collective bargaining session with employee organization, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement or a portion of a meeting which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceeding, or reviewing the proposals made in the negotiations or proceedings while in progress. Time session began: 8:00 p.m. Was session extended by announcement: Yes If so, when. 8.15p.m. Time session ended: 8.21 p.m. In attendance: Mayor Kidd, Deputy Mayor Collins, Councilmembers Bruch, Di Guilio, Downie, Mania, and Nelson, Manager Myers and Attorney Bloor. 2 City Clerk