HomeMy WebLinkAboutMinutes 10/20/2009 6531
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CITY COUNCIL MEETING
Port Angeles, Washington
October 20, 2009
CALL TO ORDER- Mayor Braun called the regular meeting of the Port Angeles City Council to order
REGULAR MEETING: at 6:02 p.m.
ROLL CALL: Members Presenl: Mayor Braun, Deputy Mayor Wharton, and
Councilmembers Di Guilio, Kidd, Perry, Rogers, and
Williams[Departed meeting at 8:11 p.m.].
Members Absent: None.
StajfPresenl: Manager Myers, Attorney Bloor, Clerk Hurd, G.
Cutler[via speakerphone], T. Gallagher, D. McKeen, Y.
Ziomkowski, L. Dunbar, T. Pierce, and S. Sperr.
Public Present: H. Bell, V. Bercley, O. Campbell, N. Chambers, M.
Doherty, P. Downie, Fryer, P. Gagnon, J. Hallett, J.
Harmon, J. Jones Jr., N. Martin, E. Petersen, Pilling, and
M. Turner. All others present in the audience failed to
sign the roster.
PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember Rogers. A
ALLEGIANCE: moment of silence was observed for Mrs. Wyman and Theodin Nelson, mother and
son of Brooke and Darrel Nelson, and a woman in Forks, who all passed away last
Sunday.
PUBLIC l. 2009 E,rceptronul Care�iver's Award P�•oclnmation
CEREMONIES/
PRESENTATIONS & Deputy Mayor Wharton and Mayor Braun presented Susan Lynch-Ritchie �vith a
EMPLOYEE Proclamation in recognition of her receiving the 2009 Exceptional Caregiver's
RECOGNITIONS: A�vard Proclamation from KCTS 9. She thanked the community and Council on
2009 Exceptional behalf of all licensed child care providers and educators. She also thanked Parent-
Caregiver's Award line, Peninsula College's �arly Childhood Education Department oPEarly
Proclamation Learning. She requested that our community encourage adult interaction in the
lives of all children.
PUI3LIC COMMENT: William Kildall, 533 E. Vashon, coordinator for Reform Healthcare Now, �vanted
to address State Initiative 1033, and was informed there would be a later time in
the meeting to address the initiative.
CITY COUNCIL Councilmember Rogers announced that she attended the AWC Regional meeting,
COMMITTEE and Mayor Braun announced that he also attended the meeting.
REPORTS:
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6532 6532
CITY COUNCIL MEETING
October 20, 2009
WORK SESSION: I. Harbor Planning Work Session •
Harbor Planning Work Director West infonned Council that the Shoreline Master Program required
Session updating every seven years, and the current update is due on December 1, 201 l.
He explained that the Port Angeles Harbor Resource Management Plan is also in
need of updating. He described staff s proposal of the creation of a Harbor
Planning Committee to help with these projeccs. He requested that Council assist
in this difficult and time-consuming process by appointing a representative for the
new committee. Brief discussion ensued regarding appointing a Councilmember
before the new Councilmembers had been elected, the purpose of the November
committee meeting, and which Councilmember would be the best representative.
Deputy Mayor Wharton specifically requested to be chosen as the representative,
citing her experience and interest in the subject. Councilmember Williams
moved to appoint the Mayor as the Council representative for the Harbor
Planning Committee. A vote was taken on the motion, which failed 1-6, with
Councilmember Williams voting in favor. Councilmember Di Guilio moved
to appoint Deputy Mayor Wharton as the Council representative for the
Harbor Planning Committee. The motion was seconded by Councilmember
Kidd. A vote was taken on the motion, which carried 6-1, with
Councilmember Williams in opposition. Councilmembers concurred that
Councilmember Perry would be the alten�ative representative until January.
LATE ITEMS TO BE None.
PLACED ON THIS OR
FUTURE AGENDAS:
ORDINANCES NOT None
REQUIRING PUBLIC
HEARINGS:
RESOLUTIONS: I. Resolution to Oppose Sta1e Initialive 1033
Resolution to Oppose State Manager Myers explained State Initiative 1033 and how it would impact the City.
Initiative 1033 He stated that there was a Resolution before Council to oppose the initiative, and
Resolution No. 24-09 that included in their packets, were many letters from various unions urging
Council to oppose State Initiative 1033. Mayor Braun opened the meeting up for
public comment, both pro and con, regarding the initiative.
William Kildall, 533 E. Vashon, coordinator for Reform Healthcare Now, spoke
regarding his opposition to I-1033. He summarized the negative effects I-1033
would impose on the economy and health care.
Max Mania, PO Box 3176, urged Council to oppose 1-1033.
Norma Turner, 3928 Mt. Angeles Rd., member of the Lutheran Public Policy
Advisory Committee, esplained that the committee opposed i-1033 on the basis of
fairness because it would decrease services and only benefit wealthy property
owners.
Nelson Cone, Clallam County resident, member of the Green Party National
Committee and the Green Party Washington State Advisory Council, spoke
regarding his opposition to I-1033, claiming the initiative would make it difficult
for communities to recover from hard economic times. •
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6533
CITY COUNC[L MEETING
October 20, 2009
• RESOLUTIONS: Mayor Braun read the Resolution by title, entitled
(Cont'd)
RESOLUTION NO. 24-09
Resolution to Oppose State
Initiative 1033 A RESOLUTION of the City Council of the City of Port Angeles,
Resolution No. 24-09 Washington, declaring its opposition to Initiative 1033 on
(Cont'd) the November 3, 2009, General Election Ballot.
Councilmember Perry moved to pass the Resolution as read by title. Deputy
Mayor Wharton seconded the motion. Brief discussion ensued regarding the
initiative process, government funding, and unfunded mandates. A vote was
taken on the motion, which carried unanimously.
OTHER I. Port A��geles HarborWorks Uevelopment Authority Bourd of Direc�ors
CONSIDERATIONS: Appoint��ient
Port Angeles HarborWorks Mayor Braun asked Councilmembers whether they wanted further deliberation
Development Authority rebarding the Board of Directors of the Port Angeles HarborWorks Development
Board of Directors Authority appointment. All Councilmembers expressed readiness to vote. Mayor
Appointment Braun requesced Clerk Hurd conduct a roll call vote by polling the Council left to
right. Councilmember Williams and Rogers voted for Kaj Ahlburg. Mayor Braun,
Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd, and Perry voted
for Jiin Hallett. Jim Nallett was appointed to the Board of Directors of the Port
Angeles I-IarborWorks Development Authority.
Jim Hallett, 1411 S. Golf Course Rd., thanked Council for their tough decision,
ackno�vledging the other qualified applicants. He addressed a possible conflict of
interest, regarding his potential appointment to the President of the Chamber of
Commerce, stating his ability to balance both positions and disclose any conflicts
of interest.
Break Mayor I3raun recessed the meeting for a break at 7:01 p.m. The regular meeting
reconvened at 7:13 p.m.
PUQLIC HEARINGS- 1. Utilrty Retail Ru1e and FeeAdjusdnents
OTHER:
Director Cutler addressed Council via speakerphone, explaining Deputy Direccor
Utility Retail Rate and Fee Dunbar would be providing the presentation, and both of them would be available
Adjustments to answer questions from Council and the public. Depuey Director Dunbar used a
Ordinance lYo. 3379 & PowerPoinl presentation to recap the proposed utility retail rate and f'ee
3380 adjustments. He addressed the proposed 2010 rate adjustments, stating they
resulted in a combined 3.9% increase for Water, Wastewater, and Transfer Station
utilities. He also presented the proposed 2010 fee adjustment increases for
Electric, Water, and Waste�vater utilities.
Deputy Director Dunbar addressed specific questions asked at the public hearing
on the October 6, 2009 Council meeting. He provided answers regarding rate
adjustments for multiple utilicies, cross training meter readers, barging solid �vaste,
the Elwha industrial line source meter, possible water leaks, industrial water rate
equity concerns, irrigation rates, and extending the time to consider the Water
utility rate adjustments. Director West answered questions regarding the
Economic Development Fund being used for Capital Projects for the Water
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CITY COUNC[L MEETING
October 20, 2009
PUBLIC HEARINGS- Department to reduce debt service. BriePdiscussion ensued regarding the above •
OTHER: topics.
(Cont'd)
Deputy Director Dunbar continued addressing specific questions regarding the
Utility Retail Rate and Fee Peninsula College Geothermal project, BPA incentives for distributed generation,
Adjustments biomass cogeneracion, upgrade of the electric utility grid, possible reduction or
Ordinance No. 3379 & delay by distributed generation and cogeneration, and sizeable Water utility rate
3380 increases from 1981 to present. Brief discussion ensued regarding average
(Cont'd) customer consumption declining every year, rate increases since 1981, change in
the City's main water source, and the Elwha dam removal. Deputy Director
Dunbar recapped the process of raising utility rates and fees, and discussed the
notification process for utility customers.
Mayor Braun continued the public hearing at 7:42 p.m.
Norn�a Turner, 3928 Mt. Angeles Rd., e�cpressed her concern regarding the
increase in water rates and the negative effect it would have on lower income
individuals who need assistance. She suggested looking for ways to offset the
water rate increase, providing specifc examples of ways to change the budget.
Mayor Braun closed the public hearing at 7:49 p.m.
Mayor Braun conducted a second reading of the Ordinances by title, entitled
ORDINANCL NO.
AN ORDINANCE of the City of Port Angeles, Washington, revising
Chapters 13.12, 13.40, 13.44, 13.54, 13.57, 13.65, 13.69, and 13.75
of the Port Angeles Municipal Code relating to fees and charges
for public utilities services.
Lengthy discussion ensued regarding monthly increases on water consumption,
economic development, the CSO project, Transfer Station fees, uniform mandatory
collection of solid waste in the County, and postponing raising rates and fees.
Councilmember Kidd asked staff questions regarding increases in spending on
office supplies, building maintenance, small tools, software/hardware
maintenance, equipment maintenance and repair, miscellaneous services, furniture
and equipment, and professional services for many of the utility funds.
Manager Myers explained that they had just recently received the questions, and
passed out answers to the questions for Council to read. Engineer Speer explained
that a number of the cost increases in the utility departments were due to State
unfunded mandates, the CSO project, the Water Treatment Plant, and the
Stormwater Phase II implementation. Brief discussion ensued regarding the
timing of passing the rate increases, notice requirements to Clallam County PUD,
and the need for Transfer Station rate increases due to cash flow. Deputy Mayor
Wharton moved to adopt the Ordinance as read by title, excluding any rate or
fee incrcases for Water Base and Consumption, and any fces for the Transfer
Station. The motion was seconded by Councilmember Di Guilio. Brief
discussion ensued regarding the motion. Dcputy Mayor Wharton, with the
concurrence of Councilmember Di Guilio, rescinded the motion.
Councilmember Williams departed the meeting at 8:1 1 p.m. �
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6535
CITY COUNCIL MEETING
October 20, 2009
• PUBLIC HEARINCS- Mayor Rraun conducted a second reading of the Ordinance by title, entitled
OTHER:
(Cont'd) ORDINANCE NO. 3379
Utility Retail Rate and Fee AN ORDINANCE of the City of Port Angeles, Washington, revising
Adjustments Chapter 3.70 of the Port Angeles Municipal Code relating to fees.
Ordinancc No. 3379 &
3380 Deputy Mayor Wharton moved to adopt thc Ordinance as read by title.
(Cont'd) Councilmember Rogers seconded the motion. A vote was taken on the
motion, which carried 5-1, with Councilmember Kidd in opposition. �
Manager Myers asked Council how they would like to proceed on the other
Ordinance. Brief discussion ensued regarding waiting on the transfer station
increases, and adopting the Ordinance without the Water rate increases. Council
decided to adopt the rate Ordinance, excluding Chapter 13.44, regarding the Water
Utility rate increases. Mayor Braun read the Ordinance by title, entitled
ORDINANCE NO. 3380
AN ORDWANCE of the City of Port Angeles, Washington, revising
Chapters 13.12, 13.40, 13.54, 13.57, 13.65, 13.69, and 13.75 of the
Port Angeles Municipal Code relating to fees and charges for
public utilities services.
Councilmember Perry moved to adopt the Ordinance as read by title. The
motion was seconded by Councilmember Rogers. A vote was taken on the
motion, which carricd 5-1, with Deputy Mayor Wharton in opposition.
Council requested staff answer questions regarding the cost of the Water
Department infrastructure, lowering the water rate increases by up to half, and the
cost of delaying the rate increases altogether. Director Cutler requested further
instruction from Council, and Mayor Braun suggested concerned Councilmembers
discuss their issues with Director Cutler.
OTHER 2. Port Angeles Downlown Associution Restruch�ring Agreement & Funding
CONSIDERATIONS: Agreernent
(Cont'd)
Director West explained that on October l, 2009, the City reached agreements
Port Angeles Downtown regarding restructuring and funding with the Port Angeles Downtown Association.
Association Restructuring He addressed recent changes that staff had made to the agreements that were not
Agreement & Funding included in the packet, and Attorney Bloor explained the minor changes.
Agreement Councilmember Rogers moved to approve the agreements as amendcd and
authorize thc City Manager to sign and make minor modifications as
necessary. The motion was seconded by Councilmember Perry. Brief
discussion ensued regarding funding and the anti-allocation clause. A vote was
taken on the motion, which carried unanimously.
PUBLIC HEARINGS — None
QUASI-JUDICIAL:
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6536
CITY COUNCIL MEETiNG
October 20, 2009
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FINANCE: 1. Cla/lunr Counly Interloca! Agreenaent — Disu Court
Clallam County Interlocal Manager Myers e�plained that the proposed agreement allowed the City's District
Agreement Court costs to be calculated by a floating average of the number of City court cases
for che last three years. He stated that the City would be responsible for 14.9% of
the total District Court costs of $120,690, for the 2010 budbet. Jim Jones, Clallam
County Administrator, explained that the negotiation process of the agreement had
been ongoing since Hebruary of 2009. He stated that the County would be running
District Court as a partnership �vith the Cities of Sequim and Port Angeles, and that
the costs would be spread among the three based upon the average number of
cases. Councilmember Rogcrs moved to approve the agreement with Clallam
County for providing District Court services. The motion was seconded by
Councilmember Kidd. A vote was taken on the motion, which carried
unanimously.
Lodging Tax 2. Godging Tcix Recomrnendations — Markeling and Events
Recommendations —
Marketing and Events Director West ehplained that the Lodging Tax Advisory Committee unanimously
supported the funding requests submitted for marketing and events. He stated that
the majority of the marketing and event funding supporied the efforts of the
Chamber of Commerce. He mentioned that Russ Veenema, Executive Director of
the Chamber of Commerce, was available to answer any questions. Brief
discussion ensued regarding expenses, recommendations, meeting minutes,
tourism related capital projects, and the Dry Creek Bridge Trail. Councilmember
Di Guilio moved the Council concur with Lodging Tax Advisory Committee
recommendations and direct staff to incorporate recommendations into the
2010 Preliminary Budget. The motion was seconded by Councilmember
Perry. A vote was taken on the motion, which carricd unanimously.
Break Mayor Braun recessed the meeting for a break at 9: I 1 p.m. The regular meeting
reconvened at 9:18 p.m.
OTHER 3. Bonnevi!!e Power Adminislration Tier 2 Power Supply
CONSIDERATIONS:
(Cont'd) Engineer Sperr explained the City's need to make a commitment to the Bonneville
Power Administration for its Tier 2 power supply by November 2, 2009. He stated
Bonneville Power that there was a summary of the proposal included in the packet. Councilmember
Administration Tier 2 Di Guilio moved to authorize the Director of Public Works and Utilities to
Power Supply notify the l3onneville Power Administration in accordance with Section 2.4.1.1
of Exhibit C of the Power Sales Agreement that the City selects the Tier 2
Short-Term Rate Alternativc for the period of October 2011 through
Se�tember 2014 for 100% of its above High Water Mark load greater than
one (1) average megawatt. The motion was seconded by Councilmember
Pcrry. A vote was taken on the motion, which carried unanimously.
FINANCE: Councilmember Di Guilio moved to add the Industrial Customer Power Sales
(Cont'd) Agreemcnt and thc Conservation Loan Discounts on the Finance agenda to
the Consent Agenda. The motion was seconded by Deputy Mayor Wharton.
A vote was taken on the motion, which carried unanimously.
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6537
CITY COUNCIL MEETING
October 20, 2009
• CONSENT AGENDA: Deputy Mayor Wharton moved to accept the Consent Agenda, to include: l.)
City Council Meeting Minutes of September 29, and October 6-7, 2009, 2.)
Expenditure Approval List form 9/26/09 to 10/09/09 for $1,934,424.41, 3.)
Compact Flourescent Light (CFL) Markdown Promotion Agreement, 4.) Western
Public Agencies Group (WPAG) Direct Load Control Feasibility Study, 5.) Street
Vacation — 2° and Chase Streets — Set Public Hearing, and 6.) Industrial Customer
Power Sales Agreement, and 7.) Conservation Loan Discounts. The motion was
seconded by Councilmember Perry. A vote was taken on the motion, which
carricd unanimously.
INFORMATION: Manager Myers reported to Council on three of the eight items included in the
packet. He addressed the monthly financial report for the 3`� quarter, citing both
good and bad news. He stated that the monthly building permit activity was
positive, including 428 building pennits issued for the year, as of September. He
mentioned Jim Haguewood's letter regarding the Clallam Business Incubator, and
the recent progress with the transition involving the board. He stated that he
received a positive email from Scott Nagle from the Crab Festival, thanking the
City for ics hard work, and explained that the closing of Lincoln Street made for a
wonderful festival. He reminded Council of the budget session on October 27,
2009 at 5:30 p.m. He mentioned that he and Director West met with Habitat for
Humanity to address concerns regarding Maloney Heights.
ADJOURIV TO Council adjourned [o Executive Session for approximately 15 minutes under the
EXECUTIVE SESS[ON: authority of RCW 42.30. l 10(1)(g), to review performance of a public employee.
The Executive Session convened at 9:30 p.m. The Council, eYCept
Councilmember Williams, was joined by Manager Myers.
RETURN TO OPEN The Executive Session concluded at 9:48 p.m., and the Council convened in
SESSION: regular open session. No action was taken.
ADJOURNMENT: The meeting was adjourned at 9:48 p.m.
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Gary Braun, A��yor J ssa Hurd, City Clerk
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