HomeMy WebLinkAboutMinutes 04/20/2010•
CITY COUNCIL MEETING
Port Angeles, Washington
April 20, 2010
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:
CITY COUNCIL
REPORTS:
Members Present: Mayor Di. Guilio, Deputy Mayor Perry, Councilrnembers
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, Y. Ziomkowski, B.
Smith, P. Lusk, K. Neal, H. Freilich, T. Pierce, S. Sperr,
and J. Young.
The Pledge of Allegiance to the Flag was led by Councilmember Downie,
CEREMONIAL 1. Earth Day Proclamation
MATTERS/
PROCLAMATIONS/ Mayor Di. Guilio presented Waste Reduction Specialist Freilich with a proclamation
& EMPLOYEE recognizing Earth Day as April 22, 2010. Specialist Freilich informed everyone of
RECOGNITIONS: two Earth. Day events taking place over the weekend: the first on Saturday, April
24, 2010 . at the City Pier; the second on Sunday, April 25, 2010 . for Annual Dump
Day to raise money for the Port Angeles Food Bank.
2. AED Presentation / Recognition
Mayor Di. Guilio presented Sara Maloney from the Olympic Medical Center
Foundation and Pat Downie from the Noon. Rotary Club with a proclamation
recognizing their efforts to increase the community's survivability from sudden
cardiac arrest by providing an. Automatic External Defibrillator to the Port Angeles
Police Department.
PUBLIC COMMENT: Penney Van. Vleet, 117C Hilltop Dr., Sequim, President of the League of Women
Voters, spoke regarding her opposition to the use of Action Minutes.
Darlene Schanfald, Olympic Environmental Council, PO Box 664, Sequim, spoke
regarding her opposition to the use of Action. Minutes, and her opposition to Port
Angeles HarborWorks Development Authority,
Rodney Lipman, 438 Lopez Avenue, spoke regarding his opposition to the City
requiring compensation for their portion of the property covered under the Vine
Street Vacation process.
Councilmember Nelson spoke regarding her attendance at the recent UAC
Committee Meeting regarding the Advanced Metering Infrastructure Request for
Proposals, and the Joint City Council Meeting with the City of Sequim.
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April 20, 2010
CITY COUNCIL Councilmember Mania spoke regarding his attendance at the City Facility Tour
REPORTS: with Director Cutler and its usefulness for developing a better understanding of the
(Cont'd) City. He spoke regarding the Clallam. County Transit Board Meeting regarding
their Budget, the recent VAC Committee meeting he attended as an alternate, the
Joint City Council Meeting with the City of Sequim, his visits to new businesses
recently opened in town, and an upcoming benefit for the Fine Arts Center.
WORK SESSION:
Councilmember Downie spoke regarding his attendance at the City Facility Tour
with Director Cutler, his plans to attend the upcoming tours, and the Joint. City
Council. Meeting with the City of Sequim.
Mayor Di Guilio spoke regarding his attendance at the ribbon cutting ceremony for
the new Family Medicine of Port Angeles Downtown Primary Care Clinic, City
Council Special Meeting on the Budget regarding the upcoming financial
challenges for the City, and his attendance with Manager Myers at the Chamber of
Commerce booth at the Outdoor Trade show in Victoria, B.C. He noted that people
from. Victoria showed an interest in our area.
Deputy Mayor Perry stated he and Councilmember Collins and Downie represented
the City at the Grand Opening of the Family Medicine of Port Angeles Downtown
Primary Care Clinic. In addition, he noted his attendance at the ribbon cutting
ceremony for the Primary Care Clinic the following day. He also spoke regarding
his attendance at the Real Estate Committee Meeting regarding surplused property.
Councilmember Collins had no report.
Councilmember Kidd spoke regarding her attendance at the City Facility Tour with
Director Cutler and expressed her appreciation for the tour. She thanked City staff
for their attendance at all the recent Council meetings and thanked the Mayor and
City Manager for their attendance in Victoria.
CEREMONIAL 2, AED Presentation / Recognition
MATTERS/
PROCLAMATIONS/ Fire Chief McKeen and Deputy Police Chief Smith provided a PowerPoint
& EMPLOYEE presentation on increasing our community's survivability from sudden cardiac
RECOGNITIONS: arrest. They discussed the Joint Automatic External Defibrillator (AED) program,
(Cont'd) which includes the donation of an AED to the Port Angeles Police Department
through donations by the Olympic Medical Center Foundation and the Noon Rotary
Club. He stated that the goal of the program would be to eventually have AEIDs in
every police car in the County.
1. Combined Sewer Overflow (CSO) Project Update
Public Works and Utilities Director Cutler provided a PowerPoint presentation on
the CSO Project update. He introduced Greg Zenter from the Water Quality
Division of the Department of Ecology, City Engineer Sperr, and. Engineering
Manager Neal. Council and staff discussion followed the presentation.
2. City Council Meeting Minutes
Clerk E --Turd provided a PowerPoint presentation on the City Council Meeting
Minutes format and City Council Chamber's Audio Recording Equipment.
Following Council discussion,
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WORK SESSION: It was moved by Collins and seconded by Perry to:
(Cont'd)
Break
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
CONSENT AGENDA:
CITY COUNCIL MEETING
April 20, 2010
Extend the trial period for Action Minutes to the first Council meeting in
September of 2010, and direct the City Clerk to include some additional
information in the Action Minutes. Following Council discussion,
Motion amended by Collins and seconded by Perry to:
Additionally direct the City Clerk to draft a policy for the format of the City
Council Meeting Minutes. Following Council discussion,
Motion withdrawn by Collins with.concurrence by Perry.
Following Council discussion,
It was moved by Perry and seconded by Downie to:
Direct staff to draft a policy for the format of the City Council Meeting Minutes.
Motion Carried 6 -1, with Councilmember Kidd voting in opposition.
Mayor Di Guilio recessed the meeting for a break at 7:53 p.m. The meeting
reconvened at 8:05 p.m.
Manager Myers added the 2010 First Quarter Financial Report to the Finance
Agenda, and the Appointment of Councilmember Mania as the Council
representative for the Harbor Planning Committee and Councilmember Collins as
the alternate for that committee. Council Agreed by Consensus to add the Harbor
Planning Committee Appointments to the Consent Agenda.
Councilmember Mania requested that the following two items be pulled from the
Consent Agenda: City Council Meeting Minutes of April 6, 2010, and the
HarborWorks Board of Directors Re- Appointment.
It was moved by Mania and seconded by Nelson to accept the Consent Agenda
to include: 1.) Expenditure Approval List from 3/27/10 to 4/09/10 for
$1,397,520.66; 2.) College Substation Switch Replacement / Project CL06 -2010;
3.) Retail Tiered Rate Methodology Study Consultant Agreement; 4.) Simple
Steps, Smart Savings Promotion Services Agreement; 5.) Nippon Paper Industries
USA Co., Ltd., Cogeneration Project Memorandum of Intent; 6.) Small
Community Air Services Grant / Re- Appropriate Funds; 7.) Valley Creek
Restoration Phase 3 Design — Grant Agreement; 8.) Medical Program Director
Contract; and 9.) Harbor Planning Committee appointment of Councilmember
Mania and Councilmember Collins as an alternate. Motion carried 7 -0
10. City Council Meeting Minutes of April 6, 2010
Councilmember Mania stated that Councilmember Nelson's name needed to
replace Councilmember Kidd's name on page 1, under excused absences. He also
stated that his vote for the Lincoln Street Banner Ordinance on page 3, needed to be
changed to him abstaining from the vote. Following Council discussion,
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April 20, 2010
CONSENT AGENDA:
(Cont'd)
Ordinance No. 3396
It was moved by Perry and seconded by Kidd to:
Accept the City Council Meeting Minutes of April 6, 2010 as amended.
Motion carried 7 -0.
11. HarborWorks Board of Directors Re- Appointment
Councilmember Mania asked Council to reconsider the appointment of Orville
Campbell to the Port Angeles HarborWorks Board of Directors. Following Council
discussion, Deputy Mayor Perry stated for the record that he disagrees with
Councilmember Mania's request and believes that the Board is well educated and
tremendous. He stated that he supports the whole board, not just Mr. Campbell.
It was moved by Downie and seconded by Nelson to:
Accept the Re- Appointment for the HarborWorks Board of Directors.
Motion Carried 6 -0, with Councilmember Mania abstaining.
Council discussed the procedure for abstaining from a vote.
Manager Myers spoke regarding the Nippon Cogeneration Project, providing an
update for Council on the topic. Council discussion followed.
ORDINANCES NOT I. Amendment to Ordinance 3394 / Section 5, Lipman -Stone Street Vacation
REQUIRING PUBLIC Petition — STV 09 -05 Portion of Vine Street
HEARINGS:
Community and Economic Development Director West provided information
regarding the Amendment to Ordinance 3394 and requested Council conduct a
second reading of the Ordinance. He stated if Council wished to reopen the matter
regarding compensation, he recommends reopening the public hearing to review the
issue. Following Council discussion,
Mayor Di Guilio conducted a second reading of the Ordinance by title, entitled,
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ORDINANCE NO. 3396
AN ORDINANCE of the City of Port Angeles, Washington, amending
Ordinance No. 3394.
It was moved by Perry and seconded by Mania to:
Adopt the Ordinance as read by title.
Motion carried 7 -0.
Following Council discussion,
It was moved by Perry to:
Direct staff to entertain a new Street Vacation Petition on the Lipman Street
Vacation.
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ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
(Cont'd)
PUBLIC HEARINGS -
OTHER:
Ordinance No. 3397
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
(Cont'd)
Ordinance No. 3398
Motion withdrawn by Perry.
It was moved by Mania to:
Direct staff to reopen the compensation issue and go through whatever process
necessary. Following Council discussion,
Motion withdrawn by Mania.
1. Industrial Wastewater Pretreatment Program Ordinance
Manager Neal provided a presentation regarding the Industrial Wastewater
Pretreatment Program Ordinance. Wastewater Treatment Plant Supervisor Young
and Manager Neal answered questions regarding the Ordinance. Following Council
discussion, Mayor Di Guilio continued the public hearing at 9:06 p.m. There being
no public comment, Mayor Di Guilio closed the public hearing at 9:06 p.m.
Mayor Di Guilio conducted a second reading of the Ordinance by title, entitled,
AN ORDINANCE of the City of Port Angeles, Washington, related to
Industrial Wastewater Pretreatment, repealing and replacing Chapter 13.06
of the Port Angeles Municipal Code.
It was moved by Mania and seconded by Perry to:
Adopt the Ordinance as read by title, and further instruct staff to contact all MIU
businesses to inform them of the rate increases.
Motion carried 6 -1, with Councilmember Kidd voting in opposition.
2. Community Development Fund 104 Closure
Director West stated that Fund 104 has not been utilized in years and is no longer
needed. Following Council discussion,
Mayor Di Guilio conducted a second reading of the Ordinance by title, entitled,
ORDINANCE NO. 3398
AN ORDINANCE of the City Council of the City of Port Angeles,
Washington, closing the Community Development Fund, and repealing
Section 3.21.010 PAMC.
It was moved by Nelson and seconded by Kidd to:
Adopt the Ordinance as read by title.
Motion carried 7 -0.
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ORDINANCE NO. 3397
CITY COUNCIL MEETING
April 20, 2010
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CITY COUNCIL MEETING
April 20, 2010
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
(Cont'd)
RESOLUTIONS NOT
REQUIRING PUBLIC
HEARINGS:
OTHER
CONSIDERATIONS:
PUBLIC HEARINGS —
QUASI-JUDICIAL:
FINANCE:
INFORMATION:
Break
ADJOURN TO
EXECUTIVE SESSION:
RETURN TO OPEN
SESSION:
ADJOURNMENT:
3. Facade Improvement Program Amendments
Councilmember Collins inquired as to whether or not he was required to recuse
himself on this matter and Attorney Bloor informed him that he did not have a legal
requirement to recuse himself from the vote. Director West presented information
regarding the Facade Improvement Program Amendments.
Mayor Di Guilio conducted a first reading of the Ordinance by title, entitled,
None.
None.
None.
AN ORDINANCE of the City of Port Angeles, Washington, amending
Ordinance 3373 establishing the Facade and Signage Improvement
Program.
Finance Director Ziomkowski provided a PowerPoint presentation on the Financial
Report for the first quarter of 2010. Council discussion followed.
Manager Myers spoke regarding the reports in the packet, the City's new financial
advisor Jane Towery with Piper Jaffary, the new quarterly Code Compliance
Report, pressure washing and painting project at PenPly, and his trip to Victoria,
B.C. where he met with the publisher of Snap Victoria, Gale Douglas the City
Manager of Victoria and Ryan Buries from Blackball Ferry. He mentioned that the
City of Victoria would have a delegation in Port Angeles on May 14, 2010.
Mayor Di Guilio recessed the meeting for a break at 9:27 p.m. The meeting
reconvened at 9:30 p.m.
Council adjourned to Executive Session for approximately 20 minutes under the
authority of RCW 42.30.110(1)(b), acquisition of real estate, and RCW
42.30.110(1)(i) discuss potential litigation with legal counsel. The Executive
Session convened at 9:30 p.m., and at 9:50 p.m. the Executive Session was
extended for an additional 10 minutes by announcement of the Mayor.
The Executive Session concluded at 10:02 p.m., and the Council convened in
regular open session. No action was taken.
The meeting was adjourned at 10:02 p.m.
Dan D i Guil o Mayor
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ORDINANCE NO.
0
Jaye :a Hurd, City Clerk
• EXECUTIVE SESSION
Date: flotr71 0`0 2 O/�/
Expected length of session: ;2
Is action expected following the session: j
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 ofsalaries, 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.
To evaluate the qualifications ofa 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.
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.
6642
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6643
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:
Was session extended
by announcement:
If 9 , when:
�, ' s -
Time session ended:
Mayor
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