HomeMy WebLinkAboutMinutes 04/07/2009
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CALL TO ORDER-
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
PUBLIC COMMENT:
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6422
CITY COUNCIL MEETING
Port Angeles, Washington
April 7, 2009
Mayor Braun called the 'regular meeting of the Port Angeles City Council to order at 6:00
p.m.
Members Present:
Mayor Braun, Deputy Mayor Wharton, and Councilmembers
Di Guilio, Kidd [via speaker phone], Perry, Rogers, and
Williams.
Members Absent:
None.
Staff Present:
Manager Myers, Attorney Bloor, Clerk Upton, D. McKeen,
N. West, Y. Ziomkowski, B. Smith, S. Sperr, R. Bonine, and
T. Pierce.
Public Present:
K. Ramer, V. Sanstrom, B. Korby, P. Lamoureux, D.
Schanfald, and T. Caldwell. All others present in the
audience failed to sign the roster.
The Pledge of Allegiance to the Flag was led by Deputy Mayor Wharton, followed by a
moment of silence in honor of police officers across the nation who recently lost their
lives in the line of duty, as well as some Pierce County children who were killed by their
father.
Shirley Nixon, P. O. Box 178, discussed the Claims Management Ordinance, asking what
types of claims are contemplated and what procedures are in place to inform the Council
when claims are made against the City. Ms. Nixon then addressed bills paid for outside
attorneys or consultants, something that she reviewed as part of a records request. The
bills, totaling $1 00,000, contained many redactions, and Ms. Nixon learned they appeared
to be a pass-through for consultants hired on the City's behalf. She inquired as to the
City's policy on the use of outside legal counsel to hire consultants and whether the City
considers this attorney/client material that should not be disclosed.
Kathy Ramer, formerly of 1521 South "I" Street, informed the Council of her experience
related to improper storm drainage on her former residence. She asked about laws
pertaining to drainage issues to make sure pipes are installed at a proper downgrade. Ms.
Ramer had a report from NT!, as well as pictures showing varying degrees of water in
the crawl space. She experienced health problems and no longer lives at that address.
When the house went to auction, the man who sold her the house submitted a bid to get
it back. She was certain the seller knew there were things wrong with the house. Ms.
Ramer found there were no permits issued for drainage from the roof into the storm
system. She felt regulations need to change.
Becca Korby, P. O. Box 1627, Executive Director of Healthy Families, serves the public
on such issues as domestic violence, child abuse, and sexual assault. She thanked the City
for support given to the agency and asked the Council's reconsideration for next year's
Human Services budget in an effort to prevent tragedies from happening.
Paul Lamoureux, 602 Whidby, felt violence could be stopped by putting fear into the
perpetratQrs with severe penalties. He expressed appreciation for the 8th Street bridges
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6423 CITY COUNCIL MEETING
April 7, 2009
PUBLIC COMMENT:
(Cont'd)
PUBLIC CEREMONIES/
PRESENTATIONS:
Sexual Assault Awareness
Month
Clallam Economic
Development Council
Quarterly Update
WORK SESSION:
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
Claims Management
Ordinance
RESOLUTIONS:
and addressed the matter of the HarborWorks Development Authority, hoping the
Council fully understands the probable ramifications to the City. Mr. Lamoureux noted
certain mistrust in the community, urging the Council to provide sought after information
regarding HarborWorks and Rayonier so the public has a full understanding. He also
referenced the K-Ply site, feeling it should be the first priority. Both the K-Ply and
Rayonier sites should be viewed in terms of opportunity, but the City should be mindful
of costs and liabilities. Mr. Lamoureux stressed the importance of public participation.
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Deputy Mayor Wharton asked Ms. Ramer if she had discussed her drainage issue with
staff, and Ms. Ramer responded she talked to the Building Inspector. Community &
Economic Development Director West offered to speak with Ms. Ramer.
I.
Sexual Assault Awareness Month:
Mayor Braun read and presented a proclamation to Becca Korby, Healthy Families,
declaring the month of April, 2009, as Sexual Assault Awareness Month.
2. Clallam Economic Development Council Quarterly Update:
Linda Rotmark, Executive Director of the Clallam Economic Development Council,
recognized EDC President, Randy Johnson, after which she used PowerPoint slides to
provide a quarterly update. Ms. Rotmark provided an in-depth summary of the EDC's
efforts in terms of business retention, business development, and business recruitment.
She distributed statistical data and a community profile to the Council, and she reviewed
the Angel Program, as well as a meeting held with the City concerning development in
the Eastern and Western Urban Growth Areas. Ms. Rotmark itemized various work
efforts for the first quarter, and she listed new members who recently joined the Economic
Development Council.
None.
There were no late items added to the agenda.
I. Claims Management Ordinance:
Attorney Bloor presented information relative to the updated Claims Management
Ordinance, which updates from $15,000 to $25,000 the City Manager's authority to
settle claims or initiate legal action for recovery of losses. This would be in keeping
with previous authorization for the City Manager to enter into contracts, leases, and
agreements to a value of$25,000. All such agreements are reported to the Council on
a monthly basis. Attorney Bloor provided an explanation of the statutory process for
filing a claim, emphasizing that City Council approval would be required for actions in
excess of$25,000.
Discussion followed, after which Mayor Braun conducted a first reading of the
Ordinance by title, entitled
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, revising
Chapter 2.76 of the Port Angeles Municipal Code relating to
Claims Management.
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None.
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OTHER
CONSIDERA nONS:
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Park Sponsorship Policy
Break
PUBLIC HEARINGS -
QUASI-JUDICIAL:
PUBLIC HEARINGS -
OTHER:
Public Records Ordinance
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CITY COUNCIL MEETING
April 7, 2009
6424
1.
Park Sponsorship Policy:
City Engineer Sperr introduced the matter of the park sponsorship policy, noting the Port
Angeles Recreation Division has the opportunity to partner with private businesses and
individuals interested in the sponsorship of programs, facilities, and other aspects of
parks and recreation activities. The policy was developed to implement public/private
relationships to assist with financing programs. Deputy Director Bonine used
PowerPoint slides to discuss the policy objectives, policy highlights, procedure
highlights, and recommendations. He summarized the proposed procedures in terms of .
recommendations, proposal review, and approval. He indicated several individuals
have expressed interest, as have civic organizations and businesses.
Discussion followed, and Manager Myers indicated the Council would need to
determine which businesses and organizations might not be appropriate for sponsorship.
The Parks Oversight Committee had discussed this issue at length, and the members
agreed with the policy as written. Deputy Mayor Wharton directed attention to Section
6., noting the uncertainty of the continuation of the Parks and Facilities Oversight
Committee. She suggested the language in the policy should be broadened in terms of
specific committee oversight. Councilmember Di Guilio, based on prior experience,
cited advertising on buses and offered a word of caution in that Transit had to allow
advertising pursuant to First Amendment rights and freedom of speech in terms of
conflicting points of view.
Deputy Mayor Wharton moved to approve the Sponsorship Policy with a change
in language to the Advisory Council section and direct staff to pursue sponsorship
opportunities. The motion was seconded by Councilmember Perry. Additional
discussion followed, and individual Councilmembers posed questions on specific
portions of the policy. Deputy Director Bonine indicated he would make a
recoinmendation based on each individual application, and the recommendation would
be taken to the Parks Oversight Committee for further review. A vote was taken on the
motion, which carried unanimously.
Mayor Braun recessed the meeting for a break at 7:04 p.m. The meeting reconvened at
7: 12 p.m.
None.
1.
Public Records Ordinance:
Attorney Bloor indicated this is the second reading of the Ordinance. He provided
background information on the City's current Public Records Ordinance, noting there
have been many topics in the realm of public records requests that aren't covered in the
current Ordinance. The City would be adopting what is considered to be best practices.
Attorney Bloor indicated the current Ordinance doesn't provide good insight into the
policy and practice currently followed. He advised the Council there is a basic
ordinance that is limited to the legal requirements, and then the policy serves as the "how
to" part. All cities must comply with the State Law, but how they do it, who does what,
and the manner in which it is carried out varies from city to city. Attorney Bloor, as
requested by the Council, prepared a summary of the policy that would be provided at
the front counter. The ultimate goal is to clarify and update the procedure. Attorney
Bloor summarized changes made since the last Council meeting, noting that meetings
have been held with individual Councilmembers, the public, and the press in order to
disseminate the information.
Manager Myers referenced a letter from Tim Ford, Attorney General's office, indicating
that most ofthe suggestions Mr. Ford made were incorporated into the Ordinance and
policy. Mr. Ford conversed with Attorney Bloor and spoke in support ofthe Ordinance.
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6425
CITY COUNCIL MEETING
April 7, 2009
PUBLIC HEARINGS -
OTHER:
(Cont'd)
Public Records Ordinance
(Cont'd)
He also acknowledged the City's efforts to update the Ordinance in the interest of
transparency.
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Mayor Braun opened the public hearing at 7:20 p.m.
Penny Van Vleet, 117 C Hilltop Drive, Sequim, President of the League of Women
Voters, read a statement to the Council, indicating the League is an active champion of
openness in government. The League's principles include the requisite that government
bodies protect the citizen's right to know by giving adequate notice of proposed actions,
holding open meetings, and making public records accessible. Ms. Van Vleet discussed
the history of democracy, the Freedom of Information Act, the Sunshine Act, and the
goals of the laws to make it easier for access to and involvement in government. Ms.
Van Vleet distributed information to the Council from Benicia, California, a community
that adopted a goal of making it easier for people to access city government. She has
conducted a great deal of personal research on open meetings and open records, and she
read to the Council various excerpts from the Public Records Act. Ms. Van Vleet felt
the existing Ordinance does not need to be changed immediately, but if passed, the
Council should appoint a committee for a sunshine law to be all inclusive in terms of
open government.
Norma Turner, 3928 Mt. Angeles Road, attended a meeting with some Councilmembers
and staff with regard to the proposed Ordinance. She felt the current Ordinance is
sufficient, but there is a greater need for the City to address open government. Ms.
Turner shared a vignette related to a presentation made by Tim Ford of the Attorney
General's Office in that Mr. Ford's handouts had been declared confidential by his staff
attorneys. Ms. Turner felt there is a tendency to favor the legality issues of openness.
She expressed concern that changes can be made to the policy without Council input,
and she felt it would be better to incorporate the policies into the text of the Ordinance.
Ms. Turner addressed the index of records and expressed the hope that more records
would be made available on the City's website. Ms. Turner shared with the Council her
experience with copies of records that contained redactions, and she concluded that if
the Council's voice isn't heard in the Ordinance, then it will be prone to more secrecy.
Shirley Nixon, P. O. Box 178, commented on the City's policy towards open
government as relates to the formation of the Public Development Authority in May,
2008, and her subsequent public records requests. She felt the City's process is not an
open one. Ms. Nixon felt the Ordinance was a premature expression of what is needed,
as the City should look at a comprehensive policy at the Council's direction in terms of
openness of records, promptness, and completeness of responses. She felt it is time for
the Council to consider its policy direction to staff to change the culture toward the
presumption of openness. She provided positive input as relates to the summary
document, and to the provision that department heads are to be responsive. She found
conflict with additional time needed for response, as well as notice to third parties. She
agreed with a former Supreme Court Justice in that information delayed is information
denied. Ms. Nixon encouraged Council to look at staffing in order to provide
promptness, and she urged the Council to think this through and direct staff regarding
open government and open records.
Darlene Schanfald, Olympic Environmental Council, P. O. Box 2664, Sequim,
expressed the opinion that the public is the client as relates to documents that are
redacted based on attorney/client privilege. She indicated she has asked to have
unredacted records provided. She reviewed various points covered by Tim Ford,
Attorney General's Office, in that redactions must be justified with a brief explanation.
She felt she wasn't provided with sufficient information to make a decision on whether A
she should be given the redacted documents. Ms. Schanfald urged greater disclosure of .
records.
There being no further testimony, Mayor Braun closed the public hearing at 8:00 p.m.
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PUBLIC HEARINGS-
OTHER:
(Cont'd)
Public Records Ordinance
(Cont'd)
FINANCE:
Consultant Agreement for
Laurel Substation Structure
Front Street Storm Drain
Construction, Project
DR09-02
Cable Injection Project
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CITY COUNCIL MEETING
April 7, 2009
6426
Lengthy discussion followed, and individual Councilmembers spoke in support of the
law being liberally construed by the City. The Council spoke to the improvements
incorporated by Attorney Bloor, the potential advantage of including the language ofthe
policy in the Ordinance, the benefits of indexing core City documents, and the benefits
of adding other City documents to the website. The Council also addressed the
worthiness of having a sunshine committee. The Council agreed it is committed to
openness and transparency. It was agreed a great deal of work has gone into the
Ordinance and policy, but the Council felt it would be advantageous to discuss the issue
further. It was felt that the Ordinance is part of transparency. Also, it was noted that
Port Angeles is in good shape in terms of response to public records requests. The
suggestion was made to add this topic~to the Council's upcoming retreat agenda.
Councilmember Perry moved to table the Ordinance for 30 days so the Council can
have the opportunity to redirect staff on the Ordinance. The motion was seconded
by Deputy Mayor Wharton and carried unan'imousIy.
1.
Consultant Agreement for Laurel Substation Structure:
City Engineer Sperr informed the Council that proposals were solicited from consulting
engineering firms to provide structural services to replace a 69kV "dead end" structure
in the Laurel Substation. He showed a picture of the substation and reviewed
information relative to the bids solicited, indicating the funds are available in the 2009
Light Utility budget. Discussion ensued, after which Deputy Mayor Wharton moved
to authorize the Mayor to sign an agreement with TriAxis Engineering of Portland,
Oregon, for professional services in an amount not to exceed $26,656.
COUlicilmember Di Guilio seconded the motion, which carried unanimously.
2. Front Street Storm Drain Construction, Project DR09-02:
Engineer Sperr noted an error in the agenda and packet memo, indicating the project
relates to the Front Street storm drain as opposed to the storm drain on First Street. He
showed a picture of the area, described the scope of the project, and summarized bids
received via the MRSC Small Works Roster to construct the storm drain, which will
replace an existing storm drain connecting a City parking lot to the parking lot drain at
the former Light Operations site on Cherry Street. Brief discussion followed on whether
the new owner of the Light Operations facility would incur any costs associated with the
project. Engineer Sperr indicated the owner would have no additional costs, as the
project would have been done anyway. Deputy Mayor Wharton recused herself from
the vote in that her husband is part owner of the building. She noted it was the
physicians' understanding that the pipe would be decommissioned, which Engineer
Sperr confirmed.
Councilmember Perry moved to award and authorize the Mayor to sign a contract
for the Front Street Storm Drain Construction, Project No. DR99-02, with
Jamestown Excavation ofSequim, in the total bid amount of$19,869.37, including
tax. Councilmember Rogers seconded the motion, which carried 6 - 0, with Deputy
Mayor Wharton abstaining.
3.
Cable Injection Project:
Engineer Sperr provided information on the project to treat old and deteriorating
underground cables with a preservative warranted to extend the expected cable life by
at least 20 years. He summarized the focus areas and described the testing conducted
on the process. Following discussion, Councilmember Di Guilio moved to award and
authorize the Mayor to sign a contract with Novinium, Inc., for Projects CL01-
2008 and CL02-2008, in the amount of $86,975.61, including tax. Deputy Mayor
Wharton seconded the motion, which carried unanimously.
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6427 CITY COUNCIL MEETING
April 7, 2009
8th Street Bridges Contract
Changes Orders
CONSENT AGENDA:
CITY COUNCIL
COMMITTEE
REPORTS:
INFORMATION:
Break
EXECUTIVE SESSION:
4.
8th Street Bridges Contract Change Orders:
Engineer Sperr provided an in-depth summary of the changes to the 8th Street Bridges
contract since the June 3, 2008, City Council meeting, to include 19 additional change
orders, a number of price reductions to the previously-approved "pending" change
orders, and an -adjustment of final quantities from estimated quantities based on the
completed work. He indicated this is less than a 2% increase. Brief discussion ensued,
after which Deputy Mayor Wharton moved to approve completed Change Orders
14 through 32 in the amount of $135,929.00, and adjustment to unit price
quantities, for a total change order amount of $227,167.24, increasing the total
contract amount to $18,637,341.04. The motion was seconded by Councilmember
Rogers and carried unanimously.
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. Councilmember Di Guilio moved to accept the Consent Agenda, to include: I.) City
Council Meeting Minutes of March 17, 2009; 2.) Expenditure Approval List from
. 3/7/09 to 3/27/2009 for $3,339,723.76; 3.) Public Works Trust Fund Loan Extension
for Design of CSO Phase 1 Projects; 4.) Lodging Tax Advisory Committee
Reappointments; and 5.) Clallam County Opportunity Fund Board - Appoint City
Representative. Councilmember Perry seconded the motion, which carried
unanimously.
Councilmember Rogers provided an update on the National League of Cities Conference
which she attended on behalf of A We. She summarized issues related to the Federal
Stimulus Package, noting she talked to the Washington delegation about "shovel ready"
projects and the competition for funding.
Councilmember Perry reported on his attendance at an Olympic National Park
Foundation meeting.
Manager Myers recognized the Human Resources Department for the Employee A wards
Luncheon. He recognized Clerk Upton for receipt of the Washington Municipal Clerks
Association President's Award of Distinction. He also recognized the Public Works
Department for the installation of new light fixtures in the Vern Burton Center that will
use 49% less energy. He also recognized Public Works for the article in the Northwest
Public Power Association Bulletin regarding the installation of fiberglass poles on Ediz
Hook.
Manager Myers reported on the Community at Work - Painting Downtown project, his
tour ofBremerton, and his trip to Victoria. He felt that Port Angeles needs to do a better
job in communicating with Victoria regarding Port Angeles events and activities. It is
anticipated that a joint meeting will be scheduled with the City Council from Victoria
in the near future. Manager Myers noted the Council retreat scheduled for April 18th.
The retreat will start at 8:00 a.m., and meeting packets will go out early next week. He
reported that the Erickson Trust will be meeting this coming weekto discuss the closure
of Gottschalk's.
Mayor Braun recessed the meeting for a break at 9:22 p.m. The meeting reconvened at
9:30 p.m.
Based on input from Attorney Bloor, Mayor Braun announced the need for an Executive
Session for approximately 20 minutes under the authority of RCW 42.30.110(1)(i),
potential litigation, with no action to follow. The Executive Session convened at 9:30
p.m., and at 9:50 p.m., the Executive Session was extended for an additional 20 minutes
by announcement of the Mayor. The Council was joined by Manager Myers, Attorney
Bloor, Community & Economic Development Director West, Public Works & Utilities
Director Cutler [via speaker phone], and City Engineer Sperr.
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RETURN TO OPEN
SESSION:
CITY COUNCIL MEETING
April 7, 2009
6428
The Executive Session concluded at 10: 10 p.m., and the Council convened in regular
open session. No action was taken.
ADJOURNMENT:
The meeting was adjourned at 10:10 p.m.
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Gary Braun, Mayor /.
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Becky J. n,' Clerk