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HomeMy WebLinkAboutMinutes 07/17/2007 e CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES / PRESENTATIONS: Korean War Remembrance Week WORK SESSION: Recommendation on Skateboard Helmet Use e 6099 CITY COUNCIL MEETING Port Angeles, Washington July 17, 2007 Mayor Rogers called the regular meeting of the Port Angeles City Council to order at 6:02 p.m. Members Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Braun, Headrick, Munro, Petersen, and Wharton. Members Absent: None. Staff Present: Acting Manager/Attorney Bloor, Clerk Upton, G. Cutler, T. Gallagher, D. McKeen, Y. Ziomkowski, S. Roberds, N. West, T. Pierce, and B. Sterling. Public Present: K. Laidlaw, R. Taylor, C. Cortez, P. McCarty, L. Feeney, M. Owen, D. Pratt, P. Ripley, S. Zenovic, D. DiGuilio, D. Galyean, A. Roberson, C. Kidd, D. Perry, and 1. Parker. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Petersen. J. Korean War Remembrance Week: Mayor Rogers read and presented a proclamation to Korean W arV eteran Gerald Rettela, declaring the week ofJuly 27,2007, as Korean War Veterans Remembrance Week. Mr. Rettela, who was joined by four other veterans, itemized the battles in Korea in the first six months, noting the number of men killed in action. Mayor Rogers then noted recent incidents that occurred in the City, demanding extensive Fire and Police services: a wildland fire on the west end, an individual crashing his car into the Marina, and a traffic accident at Race and Lauridsen this afternoon. She extended kudos to staff for their response. J. Recommendation on Skateboard Helmet Use: Fire Chief McKeen provided an in-depth review of the consensus reached by an ad hoc committee that was appointed in the wake of the tragic death of Frank Russo at the City's Skate Park. The committee was charged with the responsibility of exploring issues surrounding the use of personal protective equipment while skateboarding. Chief McKeen reviewed the membership ofthe committee, noting the group's commitment to improving safetY for the benefit of the community. Two recommendations were formulated by the committee: to implement a public safety education program, emphasizing the use of personal protective equipment while skateboarding; and to amend the existing bicycle helmet law to include the use of a helmet while skateboarding for those under the age of sixteen years. The recommendation also stated that, if a city-wide ordinance is not enacted but helmet use at the Skate Park is mandated, then funding for attendants should be allocated to ensure compliance. The recommendations were forwarded to the Law Enforcement Advisory Board, who concurred with the recommendations, but added their preference to see a full-time attendant atthe Skate Park - 1 - 6100 CITY COUNCIL MEETING July 17, 2007 WORK SESSION: (Cont'd) Recommendation on Skate~oard Helmet Use (Cont;d) to enforce helmet use. In presenting staff s recommendation, Chief McKeen explained the strong support for the adoption of a public safety education campaign regarding helmets for all high-risk activities, as such an effort would be the best use of staff resources and would change behaviors for all ages. He continued that staff is not recommending the adoption of an amendment to the ordinance, and he discussed the City's limited resources for enforcement. This was a tragic event with the loss of a community member, but a great . deal of good has been generated because of Police and Fire efforts to include the helmet issue in public safety education. Additionally, the Parks Department has an individual who teaches issues on skateboarding and skateboarding safety. Chief McKeen indicated the recommendations were forwarded to the Health & Safety Committee, who is forwarding a unanimous recommendation for the Council's approval of the staff recommendation. e At the request of the Mayor, Attorney Bloor provided an in-depth explanation of the City's direct liability if helmets were mandated Citywide or at the Skate Park without enforcement, as the liability would be greater than if the Council were to take no legislative action at all. Just this week, the City's insurance pool sent out another notice on skate parks, discussing liability issues and again recommending that cities not mandate helmet use by ordinance. Attorney Bloor discussed other collateral issues related to the age ofthose mandated to use helmets, how the City would use its present resources, and the fact that passage of such an ordinance would not likely result in enforcement due to current staffing levels. He also discussed the fact that most laws are adopted to stop people from doing bad things. The experience in adopting laws to promote good behavior has been, at best, mixed. He reiterated staffs belief that an emphasis on education is a better use of City resources. The Council deliberated the matter of mandated helmet use, and Councilmember Braun moved to implement an education program that would be named the "Frank Russo Education Program". Deputy Mayor Williams seconded the motion. Discussion followed, and the Council was in agreement that the education program should be bold and robust. A vote was taken on the motion, which carried unanimously. Ken Laidlaw, 222 Liljedahl Road, Port Angeles, agreed that a comprehensive education program would be important; however, he felt there would be a gap with respect to middle school and high school students, as well as young adults. Mr. Laidlaw disagreed with statements made on liability issues, feeling the City embraced the liability issue when it first opened the Skate Park. He didn't agree that a helmet ordinance would increase liability. Mr. Laidlaw spoke in support of the City requiring the use of helmets at the Skate Park, and he felt that an attendant should be hired for enforcement purposes. Lisa Feeney, 1114 Hazel Street, Frank Russo's mother, thanked the committee for its time and effort in discussing the matter of a helmet law and safety at the Skate Park. She agreed that education is a huge issue that should be addressed, but she also felt there is a gap with teenagers. Mrs. Feeney felt the only way to enforce safety regulations would be by adoption of an ordinance so the Park users know there is a consequence if they don't wear a helmet. She noted that Police are often in the vicinity of the Skate Park, and it would only take a few minutes to stop to assure enforcement ofrequired helmet use. Judith Parker, 492 Gellor Road, Port Angeles, was uncertain as to the logic of having a law that increases liability. Attorney Bloor clarified that the City has limited liability, as the Legislature passed a statute that specifically relieves public agencies from most liabilities associated with outdoor recreational uses as long as the agency doesn't take an active hand in the activity or charge a fee. Further, the Public Duty'Doctrine states that, _ in providing general services to the public, a public entity is not liable to prevent every ., possible damage. Ifhelmets are mandated for the Park, that then becomes an exception to the Public Duty Doctrine, and the City's liability increases over the status quo. At - 2- WORK SESSION: (Cont'd) e Recommendation on Skateboard Helmet Use (Cont'd) Break LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: e CITY COUNCIL COMMITTEE REPORTS: CITY COUNCIL MEETING 6101 July 17, 2007 Deputy Mayor Williams' request, Acting Police Chief Gallagher provided information on the process related to property seizure, the ticketing of minors, and rights of due process. Steve Zenovic, 767 Black Diamond Road, a County resident, felt everyone is in agreement with the education program. He agreed that a higher level of age should be targeted, but he advised the Council the reason the Skate Park was created was to have a place for the skaters so they wouldn't use the streets. He felt the seat belt law served as an example of a similar issue, and he supported a helmet law for the community. It should be no different than the bicycle helmet law. Mayor Rogers opened the floor to discussion, and Deputy Mayor Williams noted the difficulty in legislating quality oflife. Expressing frustration with the lack offunding for those areas needing enforcement, Deputy Mayor Williams moved to direct staff to investigate a bond for the November ballot of sufficient value to support the personnel required to adequately enforce helmet laws Citywide, monitoring with attendants at the Skate Park, as well as other regulations not currently being enforced. Councilmember Braun seconded the motion. Deputy Mayor Williams emphasized the importance of giving the citizens an opportunity to state their willingness to fund these types of efforts. He stated his intent that such a bond could also help fund code compliance efforts. Lengthy discussion and debate ensued on such matters as the lack of time to prepare an adequate bond and bond campaign, the cost for staffing, an alternative to a bond in the form of part-time enforcement, and the possibility of targeting an election later than November. Deputy Mayor Williams stated his willingness to change the motion to a February election date. Also discussed was the importance of doing whatever possible to keep kids from getting inj ured, the reality that government has limited resources, the difficulty in enforcement, and parental responsibilities in this regard. Discussion also focused on the City's inability to raise taxes by virtue of previously passed initiatives and discussions by other cities in the State who are considering operational levies similar to those passed for school districts. The debate also included commentaries that a suggestion of this nature should first be considered at the committee level, that it is important to thoroughly identify the issues in order to organize a campaign, and that much more discussion should be generated. As part of the motion, Deputy Mayor Williams agreed that staff should investigate the possibility of a bond or levy election and provide the information to the Council, inclusive of an itemization of the areas needing funds for enforcement, the level of staffing, and the associated costs. A vote was then taken on the motion, which carried 6 - 1, with Councilmember Munro voting in opposition. Mayor Rogers recessed the meeting for a break at 7:46 p:m. The meeting reconvened at 8:00 p.m. There were no late items added to the agenda. Peter Ripley, 114 E. 6th,#102, attended a County Commissioners meeting earlier in the day to discuss issues related to the disabled, especially the need to educate people on how to properly address and respect those with disabilities. Sean Delplain, 117 W. 4th Street, suggested that volunteers might assist with enforcement issues at the Skate Park. He felt common sense should prevail and that people should expect less from government and do more for themselves. None. - 3 - 6102 CITY COUNCIL MEETING July 17, 2007 ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Ediz Hook Boat Launch Fees Ordinance Ordinance No. 3289 RESOLUTIONS: Renewable Energy System Incentives Resolution No. 16-07 OTHER CONSIDERATIONS: Capacity Provisioning Telecommunications License Renewal Agreement 1. Ediz Hook Boat Launch Fees Ordinance: Public Works & Utilities Director Cutler indicated the first reading of the Ordinance was conducted on July 3'd. Additional information has been provided to the Council regarding various rate structures, as well as fees in the area for similar facilities. He advised the Council that staff is recommending a daily fee of $10 and $40 for an annual permit. Revenue is expected to be approximately $12,500. He added that a public hearing was not associated with the recommendation as indicated in the packet memo. e Mayor Rogers conducted a second reading of the Ordinance by title, entitled ORDINANCE NO. 3289 AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 3.70 of the Port Angeles Municipal Code to add fees for use of the boat launch. Deputy Mayor Williams moved to adopt the Ordinance as read by title, incorporating $10 for a daily permit and $40 for an annual permit. The motion was seconded by Councilmember Headrick. Discussion followed as to the possibility of instituting a fee reduction for those on low income. Based on Recreation Deputy Director Sterling's input on scholarships for certain recreation programs, the Council was in agreement that staff should conduct further research on a similar program for low income users of the boat launch. A report is to be submitted to the Parks Facilities Committee. Discussion also involved the City's facility in comparison to that ofthe Port, the fact that the City offers a deep launch facility, the possibility of using a phased approach to the fee structure, and the status of damage to the boat launch because of a stray log. A vote was taken on the motion, which carried unanimously. 1. Renewable Energy System Incentives: Director Cutler summarized information that would allow the City to participate in the Washington State Renewable Energy System Incentives Program. In reviewing the financial incentives, he noted that one system is currently operational in the City. Funds will come in the form of a rebate through utility taxes paid to the State. Mayor Rogers read the Resolution by title, entitled RESOLUTION NO. 16-07 A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing City participation in the Washington State renewable energy system incentives program and City incentive payments. Deputy Mayor Williams moved to pass the Resolution as read by title. Councilmember Petersen seconded the motion, which carried unanimously. 1. Capacity Provisioning Telecommunications License Renewal Agreement: Director Cutler reviewed the proposed renewal of the Telecommunicati9ns License Agreement with Capacity Provisioning that expires in September. A five-year extension is proposed, and following a presentation to the Utility Advisory Committee, a. recommendation for approval is being submitted. Councilmember Wharton moved to authorize the Public Works & Utilities Director to renew the Telecommunications Right-of-Way License with Capacity Provisioning, Inc., for a five-year term. The motion was seconded by Councilmember Petersen. Following brief discussion, a vote was taken on the motion, which carried unanimously. e - 4- PUBLIC HEARINGS - QUASI-JUDICIAL: e PUBLIC HEARINGS - OTHER: FINANCE: CONSENT AGENDA: INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: e CITY COUNCIL MEETING July 17,2007 6103_ None. None. None. Councilmember Braun moved to accept the Consent Agenda, to include: I.) City Council Minutes dated July 3, 2007; 2.) Stormwater Rates - Set Public Hearing for August 7,2007; and 3.) Expenditure Approval List - 6/23/07 - 7/6/07 - $2,146,281.57. The motion was seconded by Councilmember Munro and carried unanimously. Finance Director Ziomkowski discussed the 6-month Financial Report, noting the written format for this particular report. She directed attention to such key elements as sales and property taxes, as well as development fees, and the fact that the City's tax base is growing. The Outlookfor the Future constitutes an analysis of only the status quo, with no special capital projects, construction projects, or new programs. On that basis, if the revenue sources don't change, the City will be out of compliance with its reserve levels by 20 II. The Council complimented Director Ziomkowski on the financial summary provided. Fire Chief McKeen provided an update on a wildland fire this past evening that went into this morning. The fire, in the vicinity of the Transfer Station on West 18th Street, encompassed 8 acres in a treed area with slash. Assistance was provided by Fire District #2, the Department of Natural Resources, the National Park Service, and ClalIam County. Chief McKeen discussed the number of forested areas in the City and the potential for fires of this nature. He noted he has been working with DNR on a mutual assistance agreement. Discussion followed. Based on input from Attorney Bloor, Mayor Rogers announced the need for an Executive Session for approximately 15 minutes under the authority of RCW 42.30.11 0(1)( d), performance of publicly bid contracts, and RCW 42.30.11 0(1 )(i), potential litigation, with no action to follow. The Executive Session convened at 8:39 p.m. The Executive Session concluded at 8:59 p.m., and the Council convened in regular open session. No action was taken. The meeting was adjourned at 8:59 p.m. ~ - 5 -