HomeMy WebLinkAboutMinutes 08/17/2010•
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CALL TO ORDER -
SPECIAL MEETING:
ROLL CALL:
EXECUTIVE SESSION:
RETURN TO OPEN
SESSION:
ADJOURN SPECIAL
MEETING:
CALL TO ORDER -
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
CEREMONIAL
MATTERS/
PROCLAMATIONS/ &
EMPLOYEE
RECOGNITIONS:
CITY COUNCIL MEETING
Port Angeles, Washington
August 17, 2010
Mayor Di Guilio called the special meeting of the Port Angeles City Council to
order at 5:02 p.m.
Members Present:
Members Absent: None.
Staff Present:
Mayor Di Guilio, Deputy Mayor Perry, Councilmembers
Collins, Downie, Kidd, Mania, and Nelson.
Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler,
and N. West.
Based upon input from Attorney Bloor, Mayor Di Guilio announced the need for an
Executive Session for approximately 50 minutes under the authority of RCW
42.30.110(1)(b), regarding the acquisition of real estate; and RCW 42.30.110(1)(i),
to discuss potential litigation with legal counsel. The Executive Session convened
at 5:05 p.m.
The Executive Session concluded at 5:50 p.m., and the Council convened in open
session. No Action was taken.
The special meeting was adjourned at 5:50 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, Deputy Mayor Perry, Councilmembers
Collins, Downie, Kidd, Mania, and Nelson.
Members Absent: None.
Staff Present:
1. Women's Equality Day
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Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler,
T. Gallagher, D. McKeen, N. West, Y. Ziomkowski, T.
Pierce, P. Lusk, B. Smith, B. McFall, S. Coyle, J. Viada,
and L. Dunbar.
Mayor Di Guilio led the Pledge of Allegiance to the Flag.
Mayor Di Guilio presented Lounette Templeton, President of the League of Women
Voters with a proclamation, proclaiming August 26, 2010, as "Women's Equality
Day" to celebrate the passage of the 19` Amendment to the U.S. Constitution,
which gave women full voting rights.
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CITY COUNCIL MEETING
August 17, 2010
CEREMONIAL 2. Police Department Retirement — Sgt. Steve Coyle
MATTERS/
PROCLAMATIONS/ Police Chief Gallagher and Mayor Di. Guilio recognized Sergeant Steve Coyle for
& EMPLOYEE his 30 years of service as a police officer. Chief Gallagher spoke about his service
RECOGNITIONS: with the Port Angeles Police Department and thanked him and his family for their
(Cont'd) dedication. Maureen. Martin, from the Port Angeles office of Department of
Children and Family Services, presented. Sergeant Coyle with a certificate and .
thanked him on behalf of the County and the State of Washing ton for his dedication .
to children.
PUBLIC COMMENT: Dan Anderson, 224 E. First St., asked questions regarding cost estimates for the
CSO plan.
WORK SESSION:
Darlene Schanfald, PO Box 2664, Sequim, spoke against time limits for the public
comment time at. City Council meetings.
The following members of the public spoke in favor of the Fire Department
Consolidation plan:
Dan. Sterling, 1014 W. 4 St.,
Ed Zoble, 1928 W. 7 St., and.
Jerry Sampont, 2309 E. 3rd Ave.
The following members of the public spoke against the City's current Combined.
Sewer Overflow (CSO) plan:
Darlene Schanfald, PO Box 2664, Sequim,
Mike Gentry, 115 E. Railroad Ave., and
Marilyn. Harbaugh, 312 W. 5 St.
The following members of the public spoke in favor of the Border Patrol office
expansion in Port Angeles:
Bill Henry, 527 W. 12 St.,
Soren. Poulsen, 403 Lakeview, Sequirn,
Jerry Sarnpont, 2309 E. 3` Ave., and
Charles Maier, 436 Weston Parkway, Sequim.
The following members of the public spoke against the Border Patrol office
expansion in Port Angeles:
Susan Dorazio, 1821 W. 4th St.,
Eric Chester, 1821 W. 4 St., and.
Marilyn. Harbaugh, 312 W. 5 St.
1. Washington. State Department of Ecology / Status Report
Sally Toteff, :Regional. Director for the Washington State Department of Ecology
(DOE), presented information regarding the Department's efforts and
responsibilities in the Port Angeles area. In addition, she discussed the City's
Agreed Order with. DOE regarding the Combined. Sewer Overflow project.
Rebecca Lawson, Manager of the Southwest Region for the Department of
Ecology's Toxic Clean -Up Program, provided an update on the progress of the
Rayonier mill clean up.
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CITY COUNCIL MEETING
August 17, 2010
Break Mayor Di. Guilio recessed the meeting for a break at 7:07 p.m. The meeting
reconvened at 7:19 p.rn.
PUBLIC HEARINGS- 1. Electric Utility 2010 . Resource Plan
OTHER:
Power Resources Manager Lusk recapped the previous meeting's presentation, and.
Resolution. No 16 -10 discussed the Electric Utility 2010 Resource Plan process. He discussed a number
of alternative power source projects proposed for our area and stated that .
conservation is still the least cost resource. Council discussion followed.
Ordinance No. 3408
Mayor Di. Guilio continued the public hearing at 7:30 p.m.
Darlene Schanfald, PO Box 2664 Sequim, representing the Olympic Environmental
Council, spoke against the Juan de Fuca cable project discussed by Manager Lusk,
and asked. Council to table the adoption of the Electric Utility 2010 Resource Plan
until a later date.
Dan. Anderson, 224 E. First St. spoke against the Juan de Fuca cable project
discussed by Manager Lusk.
Mayor Di. Guilio closed the public hearing at 7 :35 p.m., and conducted a second
reading of the Resolution by title, entitled,
RESOLUTION NO. 16-10
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, approving the Electric Utility 2010 Resource Plan.
It was moved by Perry and seconded by Nelson to:
Pass the Resolution as read by title.
Motion carried 7 -0.
2. Amendment to International. Building Codes — 2009
Community and. Economic Development Director West stated that the amendment
was intended to allow for an exception regarding the need for a deck permit for
decks less than 30 inches in height.
Mayor Di Guilio continued the public hearing at 7 :36 p.m.
Annie O'Rourke, 373 Hoare Rd., spoke in favor of the amendment.
Mayor Di Guilio closed the public hearing at 7:38 p.m., and conducted a second
reading of the Ordinance by title, entitled,
ORDINANCE NO. 3408
AN ORDINANCE of the City of Port Angeles, Washington, amending
Chapter 14.03 of the Port Angeles Municipal Code relating to the
Building Code.
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CITY COUNCIL MEETING
August 17, 2010
PUBLIC HEARINGS- It was moved by Collins and seconded by Mania to:
OTHER:
(Cont'd) Adopt the Ordinance as read by title.
Ordinance No. 3408 Motion carried 7 -0.
Resolution No. 17-10 3. Fire Department Consolidation
WORK SESSION:
(Cont'd)
Fire Chief McKeen recognized the following Clallam County Fire District 2
representatives: Commissioner Dave Whitney, Commissioner Thomas Martin, Fire
Chief Jon Bugher, and Deputy Fire Chief Mike Oakes. He also recognized
Olympic Ambulance owner Bill Littlejohn, and Executive Director Kim Doyle. He
described the process of creating a Regional Fire Authority, including passing the
Resolution of City Council to move forward with the planning process, the
formation of a planning committee, and eventually taking the issue before the
voters for approval. He also explained that if Council passed the Resolution to
move forward with the planning committee, the Mayor would need to appoint three
members of the City Council to the planning committee. Finally, he presented
information regarding the planning committee's duties and responsibilities.
Mayor Di Guilio opened the meeting up for public comment regarding the Fire
Department Consolidation.
Bill Littlejohn, 253 Mensker Rd. Sequim, stated that he could only support the Fire
Consolidation if Olympic Ambulance could continue to provide services to the area
as they do now.
Mayor Di Guilio conducted a reading of the Resolution by title, entitled,
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RESOLUTION NO. 17 -10
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, accepting the Ad Hoc Committee's Consolidation Report,
approving the recommendations of the Committee, and directing
commencement of the planning process for a Regional Fire Authority, to
include the City of Port Angeles and Clallam County Fire Protection
District No. 2.
It was moved by Perry and seconded by Downie to:
Pass the Resolution as read by title. Council discussion followed.
Motion carried 7 -0. Mayor Di Guilio appointed himself, Councilmember
Nelson, and Councilmember Downie to the planning committee.
2. Port Angeles Downtown Association / 2" Quarter Report
Barbara Frederick, Executive Director of the Port Angeles Downtown Association,
provided an update on the association's activities during the 2 " quarter. Council
discussion followed. Manager Myers spoke regarding the possibility of increasing
winter activities to complement the daily opening of the Hurricane Ridge Road
during the winter months.
• FINANCE: 1. Combined Sewer Overflow (CSO) Property Acquisition
CITY COUNCIL MEETING
August 17, 2010
Manager Myers introduced the plan for the Combined Sewer Overflow (CSO)
Property Acquisition, summarizing the benefits of moving forward with purchasing
the tank and 11 acres from Rayonier. He stated that the option before Council tonight
was the only one to ensure completion of the project by 2015, and provided the lease
amount of cost to the citizens of Port Angeles. He provided Council with some
details regarding the proposed purchase of the property, and thanked Attorney Bloor
for all his hard work on the project.
Attorney Bloor provided information regarding the terms of the proposed agreement,
including the pros and cons associated with purchase or condemnation of the
property. He explained that the terms of the agreement included the City receiving an
environmental indemnity. He described the timing of the project process and stated
that the City would need to begin construction in 2011 to assure completion of the
CSO project by 2015. He stated that staff recommended approving the purchase of
the property from Rayonier, with the following terms:
• Price of $995,000.00,
• - City obtains the tank, 11.86 acres surrounding the tank, all easements and
right -of -ways needed for the CSO project,
• Rayonier agrees to pay MTCA clean up costs incurred in constructing the
CSO project, give the City an environmental indemnity, and coordinate with
DOE and City for construction of the CSO project.
• Authorize the City Manager to approve and execute the purchase documents.
Attorney Bloor stated that the purchase documents were not available at this time for
Council to review. He explained that approving the purchase of the property with the
provisions already outlined would ensure that the agreement included these terms.
Council discussion followed.
Councilmember Collins stated that it was a difficult decision for him to support the
property acquisition due to his previous campaign promises to leave the Rayonier
property in private ownership.
Councilmember Downie asked staff if they believed that the proposal was in the best
interest of the City. Attorney Bloor, Manager Myers, Director Cutler, and Director
West all stated yes.
Councilmember Mania read a statement summarizing the reasons for his opposition to
the motion. Council discussion followed.
It was moved by Perry and seconded by Nelson to:
Approve the purchase of the property to include the following terms:
• Price of $995,000,
• City obtains the tank, 11.86 acres surrounding the tank, all easements and
right -of -ways needed for the CSO project,
• Rayonier agrees to pay MTCA clean up costs incurred in constructing the
CSO project, give the City an environmental indemnity, and coordinate with
DOE and City for construction of the CSO project.
• Authorize the City Manager to approve and execute the purchase documents.
• Motion carried 6 -1, with Mania voting in opposition.
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CITY COUNCIL MEETING
August 17, 2010 .
Break: Mayor Di Guilio recessed the meeting for a break at 9:10 p.m. The meeting
reconvened at 9:21 p.m.
CONSENT AGENDA:
WORK SESSION:
(Coned)
WORK SESSION:
(Coned)
CONSENT AGENDA:
Mayor Di. Guilio pulled item. F8, Peninsula Development District — Request for
proposals, from the Consent Agenda for discussion. He also stated that Work
Session item D4, Transportation Benefit District, would have to be discussed at a
future Council meeting.
3. Retail. Tiered Rate Methodology Study Presentation
Power Resources Manager Lusk presented information regarding the Retail Tiered.
Rate Methodology, summarizing the changes to the Bonneville Power
Administration wholesale power purchase rates schedule. He discussed the City's
need to approve a retail rate design, the retail rate design options, and .
recommended continued work on conservation efforts. Finally, he recommended.
Council approve the findings and recommendations of the Retail Tiered Rate
Methodology study. Following Council discussion,
It was moved by Mania and seconded by Downie to:
Approve the findings and recommendations of the Retail. Tiered Rate Methodology
Study to incorporate a seasonal time -of -use rate with demand into the Advanced
Metering Infrastructure Project, which will be used to set retail rates for all Electric
Utility retail customer rate classes in the fall of2011.
Motion carried 7 -0.
4. Transportation. Benefit District
Tabled to a future meeting.
It was moved by Nelson and seconded by Downie to approve the Consent
Agenda to include: 1.) City Council Minutes for July 27, August 2, and 3, 2010;
2.) Expenditure Approval List: 7/24/10 to 8/6/10 for $2,068,441.42; 3.)
Stormwater Retrofit & LID Grant Application; 4.) Race Street Asphalt Repair / No.
ST -10 -021 / Award; 5.) Race Street Slide Repair Project / No. TR01- 201.0 / Award;
6.) Communications Plan Consultant Agreement; 7.) Small Community Air
Services Grant. MOU; 8.) Bonneville Power Administration. Cooperative
Agreement No. 48475 Amendment No. 1. Motion carried 7 -0.
1.0. Peninsula Development District
Director West provided a brief description regarding the project list. He stated that .
the plan was to submit the same recommendations as last year, with one additional .
project, the Industrial. Composite Campus infrastructure of $500,000.00.
It was moved by Downie and seconded by Collins to:
Direct staff to submit three projects to the Peninsula Development District for
incorporation into the 2010-2011 Comprehensive Economic Development Strategy.
Motion carried 7 -0.
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• ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
RESOLUTIONS NOT
REQUIRING PUBLIC
HEARINGS:
OTHER
CONSIDERATIONS:
PUBLIC HEARINGS —
QUASI-JUDICIAL:
CITY COUNCIL
REPORTS:
INFORMATION:
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
EXECUTIVE SESSION:
ADJOURNMENT:
None.
None.
1. Regional. Vehicle Motor Transportation (VMT) Reduction Project /
Request for Letters of Support
Director West explained that the Regional. Vehicle Motor Transportation. Reduction
Committee was seeking letters of support from involved municipalities of Clallam
and Jefferson. County, to be submitted as part of their application for a Department
of Transportation. TIGER II —1-IUD Community Challenge Planning Grant. He
also explained that there was a conflict due to the Washington State Department of
Transportation applying for the same grant for a project involving the Port. Angeles
Waterfront. Council discussion followed.
Mayor Di Guilio called for the motion.
Councilmember Downie moved that the City seek funds for the
implementation of the City's waterfront development plan with 100% effort.
The motion died for lack of a second. Council agreed by consensus that a
letter of support was not appropriate at this time.
None.
None.
Manager Myers spoke regarding the Chamber of Commerce accepting submittals
for a new marketing statement for Port Angeles. He also discussed the upcoming
Special City Council meeting with the City Council of Victoria, the Budget. Survey
results, and the Ennis Creek Restoration meeting that was also being held tonight at
the Heritage Center.
Councilmember Kidd thanked everyone for his or her help on the Hurricane Ridge
Road fundraiser.
Councilmember Mania requested adding to a future agenda the discussion of the
process to dissolve the Port Angeles HarborWorks Development Authority.
None.
Mayor Di Guilio adjourned the meeting at 10:00 p.rn.
i
an Di. Guilio, Mayor ' Jan s a Hurd, City Cler
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CITY COUNCIL MEETING
August 17, 2010
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EXECUTIVE SESSION
Date: Auvust 17.2010
Expected length of session: 50 minutes
Is action expected following the session: Maybe
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.
X 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.
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.
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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.
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: 5:50 D.M.
Matters governed by chapter 34.05 RCW, the Administrative Procedure Act.
G: \CNCLMIN\2010 \cc081710 EXECUTIVE SESSION.wpd
In attendance:
All Councilmembers. Manager Myers.
Attorney Bloor, G. Cutler. and N. West.
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