HomeMy WebLinkAboutMinutes 09/22/2006
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CALL TO ORDER-
SPECIAL MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
LawsUlts on ImtIatives
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5964
CITY COUNCIL SPECIAL MEETING
Port Angeles, Washington
September 22, 2006
Mayor Rogers called the special meetmg of the Port Angeles City CouncIl to order at
12:04 p.m.
Members Present.
Mayor Rogers, Deputy Mayor WIlliams (VIa speaker
phone), CouncIlmembers Braun, Headrick, Mumo (VIa
speaker phone), Petersen (vIa speakerphone) and Wharton
Members Absent:
None.
Staff Present
Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler,
and S. Johns.
Public Present:
K. Doerge, P. Walker, T. Jennings, G. & S. Corso, and D.
Estberg. All others present in the audIence faIled to sIgn
the roster.
The Pledge of Allegiance to the Flag was led by Mayor Rogers.
Lawsuits on Initiatives. Attorney Bloor reviewed past deliberations With regard to the
two ImtIatIve petItIons that were delivered to the City wherein the City Council, on
September 13, 2006, held a special meeting and approved the filing of declaratory
judgment actIOn to determine, pnor to an election, whether the two mItIatIves are
Within the scope of ImtIatIve powers of cities. At that time, the City Clerk was
mstructed to not deliver the petitions to the County AudItOr. Attorney Bloor asked that
the Council amend Its actIOn so that CIty staff could deliver the petitIOns to the AudItor
and, further, that the CouncIl authonze him, as the CIty Attorney, WIth the approval of
the City Manager and the Mayor, to enter mto certam stIpulatIons regardmg the
pending lawsUlts.
Attorney Bloor informed the Council that he filed the declaratory Judgment on
September 18, 2006. Then, on Tuesday, September 19, 2006, Gerald Steel,
representing the petitioners, filed a separate mandamus action, which is an action that
basically requests a judge to order a public official to perform some act WhICh, m this
case, was to ask the Judge to direct the City Clerk to deliver the imtIatIve petItIOns to
the County Auditor. In addItion, Mr. Steel was attempting to obtam the date of Friday,
September 29,2006, for the first heanng. Attorney Bloor advIsed the Council that, at
that point in time, there were two separate lawsUlts With a number of procedural issues
on then own path. He emphasized that the City's real interest IS to obtam a
determination as to whether the two petitions are within the scope of initIatIve powers.
Attorney Bloor indicated that the stage was set for both SIdes to spend a great deal of
tIme addressmg the procedural issues without talking about the ments ofthe inItIatIves.
He has discussed the matter at length with Mr. Steel. They suggest an agreement that,
no later than Tuesday of this next week, the City Clerk wIll voluntanly dehver the
initiatIve petItions to the County AudItOr. In addItIon, the mitiative petitioners Will
acknowledge that the declaratory judgment action filed by the City IS the correct means
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5965
CITY COUNCIL SPECIAL MEETING
September 22, 2006
LawsUIts on Initiatives
(Cont'd)
to determme, prior to election, whether the initiatives are withm the scope of mltIative
powers. Therefore, the CIty will proceed with declaratory judgment, and the CIty Clerk
and City Councll will have no further obligation pertment to the petitions until the
Court has determined the validity of the petitions. Attorney Bloor indIcated all parties
have agreed to a bnefmg schedule, which he proceeded to outlme. It was agreed that
a hearing would be scheduled as soon as possible after November 27th and as soon as
a Judge can be obtained. The imtIative petitioners would stipulate to bring the
Washington Dental Service Foundation into the mandamus action; both actions w1l1 be
consolidated and argued at the same time.
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Deputy Mayor Williams moved to authorize the City Manager or his designee to
take whatever actions are deemed appropriate given today's presentation,
discussion, and direction on the two recent initiatives which are currently subject
to litigation including, but not limited to, the authority to negotiate, consolidate,
stipulate, or perform whatever legal remedy may be available to clarify and
resolve the parties' differing opinions regarding the initiatives as expeditiously
and cost effectively as possible. Councilmember Wharton seconded the motion.
Discussion followed regarding the Mayor and City Attorney having the same level of
authority as the City Manager or his designee. Deputy Mayor Williams indicated
that was intended as part of the motion, to which Councilmember Wharton, as
seconder of the motion, agreed. Brief discussion ensued, with Attorney Bloor
respondmg to questions related to the consohdatIon of the actions and how the process
will work. Attorney Bloor indIcated he and Mr. Steel have been exchangmg drafts of
the proposed stIpulation and, based on today's action, he felt there would be fmal
agreement. A vote was taken on the motion, which carried unanimously.
Set Special Meetmg
Set Special Meeting: Manager Madsen mdicated there is a pubhc works Issue that
needs to be addressed by the Councll m special session. He asked for a preferred
meeting date and, by consensus, it was agreed that a specIal meetlng should be
scheduled for Wednesday, September 27, 2006, immediately following a specIal
meeting of the Utility Advisory Comnnttee.
ADJOURNMENT:
The meeting was adjourned at 12:24 p.m.
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