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HomeMy WebLinkAboutMinutes 07/19/2011CALL TO ORDER - SPECIAL MEETING: ROLL CALL: EXECUTIVE /CLOSED SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: CALL TO ORDER - REGULAR MEETING: ROLL CALL: • CITY COUNCIL MEETING Port Angeles, Washington July 19, 2011 Mayor Di Guilio called the special meeting of the Port Angeles City Council to order at 5:04 p.m. Members Present: Mayor Di Guilio, Councilmembers Collins, Downie, Kidd, Mania, and Nelson. Members Absent: Deputy Mayor Perry. Staff Present: Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler, T. Gallagher, D. McKeen, Y. Ziomkowski, B. Coons, A. Gates, and K. Dubuc. Based upon input from Attorney Bloor, Mayor Di Guilio 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, and a Closed Session under the authority of RCW 42.30.140(4)(b), for the purpose of planning, or adopting, the strategy or position to be taken by the City during the course of collective bargaining, for approximately 50 minutes. The Executive Session convened at 5:05 p.m. The Executive /Closed Session concluded at 5:46 p.m. No action was taken. Mayor Di Guilio adjourned the special meeting at 5:46 p.m. Mayor Di Guilio called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Di Guilio, Councilmembers Collins, Downie, Kidd, Mania, and Nelson. Members Absent: Deputy Mayor Perry. Staff Present: Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler, T. Gallagher, D. McKeen, N. West, Y. Ziomkowski, L. Dunbar, T. Pierce, R. Hostetler, R. Brackett, B. Coons, K. Neal, and D. Bellamente. Mayor Di Guilio stated that Deputy Mayor Perry had previously asked to be excused from the Council meeting. It was moved by Mania and seconded by Downie to: Excuse Deputy Mayor Perry from the July 19, 2011, City Council meeting. Motion carried 6 -0. 1 6935 6936 CITY COUNCIL MEETING July 19, 2011 PLEDGE OF ALLEGIANCE: CEREMONIAL MATTERS/ PROCLAMATIONS/ & EMPLOYEE RECOGNITIONS: PUBLIC COMMENT: CITY COUNCIL REPORTS: WORK SESSION: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: CONSENT AGENDA: Mayor Di Guilio led the Pledge of Allegiance to the Flag. None. Devon Graywolf, 438 Lopez, spoke in opposition to clear cutting trees at Lincoln Park, and asked Council to vote to designate the trees as heritage trees. William Hunt, 438 Lopez, spoke in opposition to clear cutting trees at Lincoln Park. Edna Willadsen, 1719 E. Lambert Ln., spoke in opposition to the new smart meters and stated that she believed that the meters emitted radiation dangerous to humans and animals. Cody Blevins, 1117 W. 5th St., spoke in favor of harvesting the trees at Lincoln Park and replanting lower canopy trees to ensure proper operation of the airport. None. 1. Council Training / Public Works Contracting Issues Attorney Bloor provided a PowerPoint presentation regarding contracting procedures for the City of Port Angeles. He described traditional bidding contracts, contracts that are not subject to traditional bidding, and the procedural rules that apply to both. Council discussion followed. None. Clerk Hurd stated that, at the request of Councilmember Mania, minor modifications had been made to the minutes regarding the Urban Tree Canopy Assessment presentation. Mayor Di Guilio pulled item number three from the Consent Agenda at the request of City staff. He also pulled items four through six at the request of Councilmember Collins for discussion. It was moved by Nelson and seconded by Mania to approve the Consent Agenda to include: 1. City Council Minutes for June 14, 2011; and July 5, 2011, with modified PRD 11 -01 Conditions, Findings, and Conclusions as direct by Council; 2. Expenditure Approval List: 6/25/11 to 7/8/11 for $2,657,885.53; and 7. Department of Natural Resources — Aquatic Lands Lease. Motion carried 6 -0. 2 • • CONSENT AGENDA: (Copt' d) Break: PUBLIC HEARINGS — QUASI-JUDICIAL: PUBLIC HEARINGS - OTHER: CITY COUNCIL MEETING July 19, 2011 4. Combined Sewer Overflow (CSO) Project Professional Services Agreement Amendment No. 11 Councilmember Collins stated his concerns regarding the lack of alternative options regarding the amendment. Manager Myers stated that the Washington State Department of Ecology is requiring the permit and that at this time there is no alternative. Council discussion followed. Councilmember Mania stated that he does not support the project and that the Department of Ecology should have informed us of this requirement at an earlier date. Engineering Manager Neal described the events and discussion that led up to the requirement and stated that the new permit would help protect the City in case of an appeal. Council discussion followed. It was moved by Nelson and seconded by Di Guilio to: Approve and authorize the City manager to sign Amendment No. 11 to the Consultant Agreement with Brown and Caldwell, in an amount not to exceed $224,500, which increases the maximum compensation under the agreement from $3,968,915 to $4,193,415, and to make minor modifications to the agreement, if necessary. Motion failed 3 -3, with Mania, Collins, and Kidd voting in opposition. It was moved by Collins and seconded by Kidd to: Ask City Staff to go back to the Washington State Department of Ecology to revisit this issue and bring back the agenda item at the next regularly scheduled City Council meeting. Motion carried 6 -0 Mayor Di Guilio recessed the meeting for a break at 7:11 p.m. The meeting reconvened at 7:21 p.m. None. 1. Street Vacation Petition — STV 11 -03 / Rasmussen, Portion of Unopened 5/6 Alley west of Golf Course Road Economic and Community Director West requested that the Council continue the public hearing to the August 16, 2011, City Council meeting. Mayor Di Guilio asked whether anyone present had intended to make comments. There being no public comment he continued the public hearing to August 16, 2011. 3 6937 6938 CITY COUNCIL MEETING July 19, 2011 CONSENT AGENDA: 5. 2009 Bi- Annual Sewer Line Replacement, Project WW 27 -99 / Final (Cont'd) Acceptance FINANCE: Councilmember Collins stated he was concerned that the project was not finished on budget. Public Works and Utilities Director Cutler responded that there were some soil conditions that could not be anticipated and that City staff had brought in numerous projects under budget in recent months. It was moved by Downie and seconded by Collins to: Accept the 2009 Bi- Annual Sewer Line Replacement, Project WW 27 -99, and authorize release of the retained percentage upon receipt of required clearances. Motion carried 6 -0. 6. Combined Sewer Overflow (CSO) Monitoring Services Agreement Councilmember Collins inquired as to how long the monitoring services were required and City staff replied that the requirement is currently indefinite. Council discussion followed. It was moved by Collins and seconded by Downie to Approve and authorize the City Manager to sign a contract amendment with ADS Environmental Services, LLC, extending their services contract for 2011 -2012, in an amount not to exceed $53,900, with the option to extend for one additional year (2012 -2013) in an amount not to exceed $53,900, and to make minor modifications as necessary. Motion carried 6 -0. 1. Elwha Dam Removal Celebration — Request for City Support Manager Myers stated that the request originated from a Port Angeles Forward Sub - Committee and was designated to fund additional beautification efforts in the downtown area for the Elwha Dam Removal event. Councilmember Kidd spoke in favor of the funding request. Council discussion followed. Charlie Smith, PA Forward Committee member, stated that they chose the top four beautification efforts that they believed would have the biggest impact in the downtown area. Council discussion followed. It was moved by Kidd and seconded by Downie to: Approve the list of 4 items requested by the Port Angeles Forward Committee: 1. Extension of downtown plantings - $2,500 2. Weed control and clean -up - $2,500 3. Extra street sweeping in downtown area - $1,000 4. Pressure wash downtown sidewalks - $8,500 to be provided by the City's Public Works and Utilities Department at a total cost of $14,500, to be appropriated from additional 2011 sales tax revenues. Motion carried 6 -0. 4 • • CITY COUNCIL MEETING July 19, 2011 ORDINANCES NOT 1. Ordinance Establishing Hearings Examiner Position REQUIRING PUBLIC HEARINGS: Director West explained that staff created an ordinance establishing a hearings examiner in response to City Council direction. He stated that the ordinance only established the position and did not cover jurisdiction. He provided Council with a list of jurisdictional areas that staff believed should go before the hearings examiner and stated that staff would bring back an ordinance addressing these changes to the Port Angeles Municipal Code. Council discussion followed. Councilmember Collins requested that Planning Commission member, Sissi Bruch, come to the podium and answer questions regarding the Planning Commission's position on these proposed changes. Sissi Bruch, stated that the Planning Commission had been advised but that she was still unsure as to the reasons why this system was better for the City. Council discussion followed. Director West stated that both the Planning Commission and Council had received presentations regarding the benefits of a Hearings Examiner system. Mayor Di Guilio conducted a first reading of the Ordinance by title, entitled, ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, establishing Chapter 2.18 of the Port Angeles Municipal Code for Hearing Examiner. RESOLUTIONS NOT 1. City Personnel Policy and Procedures Manual - Update of Leave of REQUIRING PUBLIC Absence Policies HEARINGS: Resolution No. 16 -11 • Human Resources Manager Coons described the amendments to the City's Personnel Policy and Procedures Manual, stating that the changes were necessary to comply with recent changes in the Family Medical Leave Act. Council discussion followed. Mayor Di Guilio conducted a reading of the Resolution by title, entitled, RESOLUTION NO. 16-11 A RESOLUTION of the City Council of the City of Port Angeles, Washington, directing amendment of Chapter 7 of the Port Angeles Personnel Policies and Procedures relating to Family Medical Leave Act. It was moved by Mania and seconded by Nelson to: Pass the Resolution as read by title. Motion carried 6 -0. 5 6939 6940 CITY COUNCIL MEETING July 19, 2011 OTHER 1. Bonneville Power Administration Residential Exchange Program CONSIDERATIONS: Litigation Director Cutler introduced Power Resources Manager Dunbar, who explained the issue, which is related to the Bonneville Power Administration (BPA) Residential Exchange Program settlement rejected by Council earlier this year. Manager Dunbar stated that Western Public Agencies Group (WPAG) was asking members to determine if they wanted to be involved in defending pending claims against any motion to dismiss that may be filed in the 9th Circuit against them. if they are successful in fending off such a motion, they would continue on pursuing these claims by moving for oral argument. He discussed the costs associated with this representation and stated that Utility Advisory Committee recommended approval. Council discussion followed. It was moved by Mania and seconded by Kidd to: Authorize the City Manager to advise the Western Public Agencies Group to proceed with defending the City's pending claims related to the Bonneville Power Administration Residential Exchange Program. Motion carried 6 -0. 2. C &I Demand Response Pilot Project Participation Agreements Manager Dunbar explained that the participation agreements were for the Port Angeles Water Treatment Plant and City Hall projects and that the expenses would be partially reimbursed through Bonneville Power Administration and the Conservation Fund. Council discussion followed. It was moved by Nelson and seconded by Mania to: Authorize the City Manager to sign the participation agreement with Global Energy Partners for the Port Angeles Water Treatment Plant and City Hall projects in an amount not to exceed $30,000, and to make minor modifications to the agreement, if necessary. Motion carried 6 -0. 3. Deficit Commission Proposal to Raise .Rates on Electricity Councilmember Collins noted that the recommendation in the Agenda was misleading and that the proposal was to write a letter in opposition to raising rates. Manager Dunbar concurred with Councilmember Collins and described the letter to be drafted and sent to Congress. It was moved by Downie and seconded by Kidd to: Authorize the Mayor to sign a letter to members of the U.S. Congress expressing concerns and asking them not to support the Deficit Commission's proposal to raise rates on electricity charged by the Bonneville Power Administration. Motion carried 6 -0. 6 • • • • CITY COUNCIL MEETING July 19, 2011 OTHER 4. The Gateway Project / Krei Claim CONSIDERATIONS: (Cont'd) Mayor Di Guilio tabled the item at the request of Manager Myers. INFORMATION: Manager Myers provided updates for Council regarding the 9/11 monument planned for Francis Park, the Retail Sector Group, and the recent petition submitted to the City regarding the Port Angeles Downtown Association financial and performance audit. Break: Mayor Di Guilio recessed the meeting for a break at 8:30 p.m. The meeting reconvened at 8:38 p.m. EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: Based upon input from Attorney Bloor, Mayor Di Guilio 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 45 minutes. The Executive Session convened at 8:38 p.m. The Executive /Closed Session concluded at 9:01 p.m. No action was taken. Mayor Di Guilio adjourned the meeting at 9:01 p.m. Dan Di Guilio, Mayor Jan - Hurd, City Clerk 7 6941 • 6942 EXECUTIVE SESSION Date: July 19, 2011 Expected length of session: 50 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. 1 6943 EXECUTIVE SESSION July 19, 2011 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. X 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: 5:05 p.m. Was session extended by announcement: No If so, when: Time session ended: 5:46 p.m. In attendance: Mayor Di Guilio, Councilmembers Collins, Downie, Kidd, Mania, and Nelson, Manager Myers, Attorney Bloori B. Coons, Y. Ziomkowski, G. Cutler, T. Gallagher, D. McKeen, and N. West, K. Dubuc, and A. Gates. 2 • • EXECUTIVE SESSION Date: July 19, 2011 Expected length of session: 45 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. 1 6944 6945 EXECUTIVE SESSION July 19, 2011 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: 8:38 p.m. Was session extended by announcement: No If so, when: Time session ended: 9:01 p.m. In attendance: Mayor Di Guilio, Councilmembers Collins, Downie, Kidd, Mania, and Nelson, Manager Myers, Attorney Bloor, and G. Cutler. 2