HomeMy WebLinkAboutMinutes 04/05/2011•
CITY COUNCIL MEETING
Port Angeles, Washington
April 5, 2011
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, Deputy Mayor Perry, Councilmembers
Collins, Downie, Kidd, Mania, and Nelson.
Members Absent: None.
Staff Present:
Manager Myers, Attorney Bloor, Deputy Clerk Pierce, G.
Cutler, T. Gallagher, K. Dubuc, N. West, Y. Ziomkowski,
and L. Dunbar.
Mayor Di Guilio led the Pledge of Allegiance to the Flag.
CEREMONIAL 1. Sexual Assault Awareness Month
MATTERS/
PROCLAMATIONS/ Mayor Di Guilio presented Jennifer Jewell, of Healthy Families of Clallam County,
& EMPLOYEE with a proclamation recognizing April, 2011, as Sexual Assault Awareness month.
RECOGNITIONS:
PUBLIC COMMENT:
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2. National Public Safety Telecommunications Week
Mayor Di Guilio and Police Chief Gallagher presented Karen Roedell and Marilyn
Sheats, with a proclamation recognizing April 10 -16, 2011, as National Public
Safety Telecommunications Week.
Matthew Rondoza, 1802 W. 5th Street, spoke regarding allegations involving City
employees and former Councilmembers and encouraged the Council to maintain
transparency on all issues.
John Ford, 174 Hoare Road, spoke regarding the City's use outside consultants to
determine why people shop outside of the city and the Waterfront & Transportation
Improvement Project.
Norrna Turner, 3928 Mt. Angeles Road, spoke regarding the recent special meeting
on the budget, posting meeting recordings on the internet, use of utility taxes, and a
charge to citizens for new electric meters. Director Cutler responded that there will
not be a charge for the new meters to individual utility customers and requested that
the citizen contact him directly for complete information,
Tad Price, 1338 W 9th Street, representing Peninsula International Relations
Association (PIRA), gave an update on the status of Mutsu City after the
earthquake and tsunami event.
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April 5, 2011
PUBLIC COMMENT:
(Coned)
CITY COUNCIL
REPORTS:
WORK SESSION:
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
CONSENT AGENDA:
Cindy Sofie, 2213 W. 14th Street, also updated the Council on the status of Mutsu
City and reported on the local Red Cross fundraising efforts and that cards from
members of the Port Angeles community will be sent to Mutsu City. City Manager
Myers also updated the Council on recovery efforts in Mutsu City.
Mike Brown, 224 Whidby Avenue, former City employee, expressed concerns
regarding the cost of consultants; spoke in opposition of the new water and electric
meters; expressed dissatisfaction with switchboard service; and displeasure with the
level of water pressure in homes in his neighborhood. Mayor Di Guilio encouraged
Mr. Brown to contact Public Works & Utilities Department for more information.
Councilmember Mania thanked Cindy Kochanek, of the Recreation Division, for
the success of the recent Rock, Gem & Jewelry Show.
Councilmember Downie reported that he and Manager Myers and Community &
Economic Development Director West traveled to Bothell, Washington for a
meeting with City of Bothell officials involving ways develop a successful
marketing strategy to encourage businesses to consider Port Angeles. He reported
that Bothell stressed that it is important to recognize and engage the business
community; while implementing a community vision, policy and a sense of place
for their residents and visitors. Mayor Di Guilio suggested adding this to a future
agenda for discussion.
Mayor Di Guilio reported that at their last meeting, the Fire Consolidation
Committee determined that, at this time, it is not appropriate for the City to move
forward with consolidation of the Port Angeles Fire Department and Fire District
Not.
No other reports were given.
Port Angeles Downtown Association / 1St Quarter Report
Barbara Frederick, Executive Director of the Port Angeles Downtown Association
presented the Council with the Association's Report for the First Quarter 2011.
She outlined highlights from the report and answered questions from the Council.
Councilmember Mania requested the addition of an agenda item regarding the
Washington State Auditor's Office Investigation be added to Other Considerations,
12.
It was moved by Councilmember Nelson and seconded by Downie to approve
the Consent Agenda to include: 1.) City Council Minutes for March 15, 23, 29,
and 30, 2011; 2.) Expenditure Approval List: 3/5/11 to 3/25/11 for 53,308,586.96;
3.) Award Cable Restoration Phase III, Project CLO1 -2010; 4.) Washington
Substation Transmission Line Renovation, Project CLO6 -2007 / Award Contract;
5.) Appointment to Parks, Recreation & Beautification Commission; and 6.)
Construction Contract — Bi- annual Sewer Line Replacement, Project WW27 -99.
Myers noted there was a change to Item #6. Director Cutler reported on the
modification to that item submitting an updated memo and information for Council
consideration.
Council discussion followed.
Motion carried 7 -0.
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CITY COUNCIL MEETING
April 5, 2011
PUBLIC HEARINGS 1. Street Vacation Petition — STV 1101, Mt. Angeles View — Housing Authority
OTHER: of the County of Clallam — item pulled from the agenda.
Mayor Di Guilio announced that the Housing Authority had requested that the
matter be continued. He inquired if anyone in the audience was attending to speak
on the matter. None carne forward.
BREAK: Mayor Di Guilio adjourned the meeting for a break at 7:00 p.m. Meeting
reconvened at 7:12 p.m.
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
Ordinance No. 3425
I. Developer Reimbursement Ordinance
Finance Director Ziomkowski explained the reasons for the amendment to simplify
the interest calculation.
Council discussion followed.
Mayor Di Guilio conducted a second reading of the Ordinance by title, entitled,
ORDINANCE NO. 3425
AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter
13.68 of the Port Angeles Municipal Code relating to Developer
Reimbursement.
It was moved by Collins and seconded by Kidd to:
Adopt the Ordinance as read by title.
Motion carried 7 -0.
2. Public Records Training — Ordinance Amendment
Attorney Bloor addressed both public records ordinance amendments and explained
the reasons for the amendments was due to the City Clerk Hurd's dedication to
making the process complete and streamlined as possible. Clerk Hurd's
recommendation is for public records training be a formal requirement. This
amendment would provide a training program for all City staff. The second
ordinance amendment regards fees for public record requests.
Council discussion continued. Councilmember Collins offered a suggestion to
revise Section A.
Mayor Di Guilio conducted a first reading of the Ordinance by title, entitled,
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, amending
Chapter 2.74 of the Port Angeles Municipal Code relating to inspection
of public records.
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April 5, 2011
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
(Cont'd)
RESOLUTIONS NOT
REQUIRING PUBLIC
HEARINGS:
OTHER
CONSIDERATIONS:
3. Public Records — Ordinance Amendment / Fees for Supplying Copies and
Other Services
Mayor Di Guilio conducted a first reading of the Ordinance by title, entitled,
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, revising Sections
of Chapter 3.70, of the Port Angeles Municipal Code relating to Public
Records and Police Department fees.
4. PA Forward Committee — Ordinance Amendment
Manager Myers explained that although Council recently approved an ordinance
amendment to add Olympic National Park to the PA Forward Committee, due to
Federal law, Olympic National Park is not able to participate as formal committee
members.
Mayor Di Guilio conducted a first reading of the Ordinance by title, entitled,
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, amending
Chapter 2.40 of the Port Angeles Municipal Code relating to the Port
Angeles Forward Committee.
None.
1. Bonneville Power Administration Residential Exchange Program Settlement
Agreement
Attorney Terry Mundorf, of Marsh Mundorf Praff Sullivan & McKenzie,
participated via conference call. Also in attendance was Dean Reed of the Utility
Advisory Committee.
Public Works and Utilities Director Cutler introduced Deputy Director of Power
Systems Dunbar who made a presentation with PowerPoint slides outlining the
process to date. Deputy Director Dunbar noted the pros and cons of participating in
the settlement agreement.
Dunbar reported that 9.7% of the utilities involved have either declined or voted not
to sign the agreement. With a 91% approval rate being required, it is appearing that
this settlement agreement will not become effective. Attorney Mundorf outlined the
requirements of the settlement agreement noting the final deadline of April 15,
2011. Council discussion followed.
It was moved by Mania and seconded by Perry to:
Disapprove of the proposed settlement agreement for the Bonneville Power
Administration Residential Exchange Program.
Motion carried 7 -0.
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CITY COUNCIL MEETING
April 5, 2011
OTHER 2. Washington State Auditor's Office Investigation.
CONSIDERATIONS:
(Coned) Manager Myers provided an oral and written report to Council outlining the course
of events in regards to the City's response to the State Auditor's investigation and
the preliminary draft report. Council discussion followed.
Councilmember Mania asked if Manager Myers forwarded the draft audit report to
Karen Rogers, if he received legal advice in regards to this action, and what his
reasoning was regarding this action because the report was marked not disclosable
by statute, RCW 42.56.280. Manager Myers stated that he received legal advice
from Attorney Bloor that the statute cited by the State Auditor's Office was a
permissive statute that allowed for release of the document, and that he did forward
the report to Ms. Rogers.
Councilmember Mania asked Attorney Bloor to explain the Statute, RCW
42.56.280. Attorney Bloor asked Council if they preferred to receive legal advice
in open or executive session. By consensus, Council agreed to remain in open
session. Attorney Bloor explained that the Statute allowed the City to use
discretion in releasing certain records and allowed the City to deny the release of
certain records if a request was made by the public. Attorney Bloor also stated that
the Assistant Attorney General, who represents the State Auditor's office, agreed
with his interpretation of the statute.
Attorney Bloor explained that the purpose of the audit was to determine whether
the City did anything wrong and to do this the Auditor's Office should consider all
evidence regarding the issue. He stated that one of the key people that might have
information contributing to the investigation had never been interviewed by the
Auditor. He stated that releasing the document was a legitimate action because it
was in the City's best interest to make sure that the investigation was complete.
Councilmember Mania asked why Attorney Bloor did not contact the Assistant
Attorney General before making the decision to release the report. Attorney Bloor
replied that any further discussion of this issue should be done in executive session.
Council discussion followed.
Councilmember Mania stated that his trust was badly shaken by the events that had
taken place. Mayor Di Guilio and Deputy Mayor Perry both objected to
Councilmember Mania's comments.
No action was taken.
PUBLIC HEARINGS — None.
QUASI- JUDICIAL:
FINANCE: None.
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April 5, 2011
INFORMATION:
EXECUTIVE SESSION:
Manager Myers reported that the next City Manager Coffee will be on Friday, April
8, 2011 at the Renaissance on Front Street from at 10:00 a.m. to 11:00 a.m.
Manager Myers called attention to Item F4 of the agenda noting that this project
came well under budget as the City took advantage of the current favorable
construction and building climate. He added comments regarding the tour to
Bothell and that staff will consider re- evaluating the retail market analysis which
may be brought back for further Council consideration. He stated that, due to
Passover, the next Council meeting of April 19, 2011, will be continued to
Wednesday, April 20, 2011, at 6:00 p.m.
None.
ADJOURNMENT: The meeting adjourned at 8:31 p.m.
I. _ . _:
an lei Guilio, ayo ]a. ` .urd, City Clerk
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