HomeMy WebLinkAboutMinutes 12/21/2010•
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CALL TO ORDER -
SPECIAL MEETING:
ROLL CALL:
CLOSED SESSION:
RETURN TO OPEN
SESSION:
ADJOURNMENT:
CALL TO ORDER -
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
ROLL CALL:
(Coat' d)
CITY COUNCIL MEETING
Port Angeles, Washington
December 21, 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: Councilmember Kidd
Mayor Di Guilio, Deputy Mayor Perry, Councilmembers
Collins [arrived at 5:04], Downie, Mania, and Nelson [via
speakerphone].
Staff Present: Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler,
T. Gallagher, D. McKeen, Y. Ziomkowski, and B. Coons.
Based upon input from Attorney Bloor, Mayor Di Guilio announced the need for a
Closed Session for approximately 25 minutes under the authority of RCVS
42.30.140(4)(b), for the purpose of planning or adopting strategy to be taken by the
City during the course of collective bargaining. The Closed Session convened at
5:03 p.m.
The Closed Session concluded at 5:25 p.m., with action expected during the regular
meeting to follow at 6:00 p.m.
The special meeting was adjourned at 5:25 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, Mania, and Nelson [via speakerphone].
Members Absent: Councilmember Kidd.
Staff Present:
Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler,
T. Gallagher, D. McKeen, Y. Ziomkowski, S. Roberds, T.
Pierce, R. Hostetler, J. Harper, L. Dunbar, P. Lusk, and B.
Coons.
Mayor Di Guilio led the Pledge of Allegiance to the Flag.
Mayor Di Guilio stated that he would entertain a motion to excuse Councilmember
Kidd from tonight's Council meeting due to illness.
It was moved by Collins and seconded by Mania to:
Excuse Councilmember Kidd's absence from the December 21, 2010, City Council
meeting.
Motion carried 6 -0.
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CITY COUNCIL MEETING
December 21, 2010
CEREMONIAL
MATTERS/
PROCLAMATIONS/
& EMPLOYEE
RECOGNITIONS:
PUBLIC COMMENT:
CITY COUNCIL
REPORTS:
WORK SESSION:
None.
Norma Turner, 3928 Mt. Angeles Rd., spoke regarding the utility rate increases and
the negative effect they have had and will have on low income citizens. She
encouraged Council to be creative and move money back into the utilities so that
they could provide lower utility costs for citizens.
Darlene Schanfald, PQ Box 2664, Sequim, spoke regarding her opposition to the
current CSO plan. She discussed the Clallam County's sponsored Local
Improvement District presentations on stormwater and encouraged Council to
replace the current plan with a more safe and cost effective project.
Shirley Nixon, PO Box 178, spoke regarding her opposition to the costs for the Dry
Creek Bridge project, her support for the County /City Cooperative Services Study
Group, her support for the City sharing a Hearings Examiner with the County, and
her concerns regarding the Closed Record Hearing process for the appeal of the
Shoreline Substantial Development Permit for Nippon Paper Industries.
Councilmember Nelson had no report.
Councilmember Mania thanked his wife, City staff, the public, and the Council for
their support over the past year.
Councilmember Downie spoke regarding his attendance at the Hurricane Ridge
Road ceremony, and the dedication of Maloney Heights.
Councilmember Perry spoke regarding his attendance at the dedication of Maloney
Heights.
Councilmember Collins spoke regarding the Maloney Heights dedication and
thanked everyone for their support during his family's time of loss.
Mayor Di Guilio spoke regarding the Western Public Agencies Group meeting he
attended and encouraged staff to provide further briefing about the important topic
for the rest of Council.
Port Angeles Regional Chamber of Commerce Update
Russ Veenema, Executive Director of the Chamber of Commerce, provided an
update on the Chamber's marketing efforts throughout 2010. He provided a
monthly report on room occupancy and room tax collected. He stated that sales tax
and room occupancy numbers were both up for 2010 and discussed the factors that
he believed contributed to the increases. He also stated that the new tag line for
Port Angeles would be "The Authentic Northwest ", and that they would be
updating their materials shortly to reflect this. He discussed upcoming projects and
events for 2011. Council discussion followed.
Manager Myers praised the Chamber for all of their efforts over the year, including
their updated website. Council discussion followed.
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LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
•
CONSENT AGENDA:
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
RESOLUTIONS NOT
REQUIRING PUBLIC
HEARINGS:
OTHER
CONSIDERATIONS:
CITY COUNCIL MEETING
December 21, 2010
Manager Myers requested the addition of an Executive Session at the end of the
meeting for his yearly evaluation.
Clerk Hurd notified Council that the City Council Minutes for December 14, 2010,
had been pulled from the Agenda, and read aloud changes made to the December 7,
2010, City Council Minutes.
Councilmember Mania requested that Consent Agenda item F4, the 201 1 -2013
Agreement with Olympic Peninsula Humane Society, be pulled from the Agenda
and brought back at the January 4, 2010, City Council meeting.
Councilmember Mania requested that Consent Agenda item F5, the Western Public
Agencies Group Consulting Agreement, be pulled for discussion. Mayor Di Guilio
moved this item to Other Considerations, item 14,
It was moved by Perry and seconded by Collins to approve the Consent
Agenda to include: 1.) City Council Minutes for November 30, December 6, and
7 [as amended], 2010; 2.) Expenditure Approval List: //127110 to 12 /10/10 for
$ 1,457,104.34; 3.) County /City Cooperative Services Study Group; 4.) Low -
lncome Home Heating Energy Vendor Agreement; 5.) Final Acceptance — College
Substation Switch Replacement, Project CLO6- 2010; 6.) All-Hazard Alert
Broadcast Contract Amendment; and 7.) West -Law Contract. Motion carried 6 -0.
None.
None.
1. Advanced Metering Infrastructure System Agreement
Customer Services Manager Hostetter discussed the history of the City's current
metering system challenges, stating that these challenges included meter accuracy
errors, meter misreading, theft of service, and an aging meter inventory. He
described the benefits of the Advanced Metering Infrastructure (AM!) System,
including the ability to address the current system challenges and provide better
customer service. He also stated that the City had approved a robust
communications plan to provide accurate information to both City staff and citizens
throughout the process.
Deputy Director of Power Systems Dunbar discussed the proposal process and
described the vendors who submitted proposals. He stated that the chosen vendor,
Mueller Systems, had the most experience and cost effective proposal. Council
discussion followed.
Manager Hostetler introduced the two Mueller Systems representatives attending
the meeting, Product Manager Luis Pizano, and Territory Manager Bryon Boyd.
Mr. Pizano presented information regarding the company's history, experience in
the industry, and their plans to provide the best service to the City.
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CITY COUNCIL MEETING
December 21, 2010
OTHER
CONSIDERATIONS:
(Coned)
Break
PUBLIC HEARINGS-
OTHER:
Ordinance No. 3420
Deputy Director Dunbar described the electric rate design time of use rate, stating
that there would be three time periods: peak, non -peak, and the shoulder period. He
stated that the rate implementation schedule would work together with the AMI
system installation and time of use rates would be in effect in 2012.
Deputy Director Dunbar presented the five components to the AMI system. He
conducted a presentation of actual equipment including old meters, and AMI
system meters and components. He also provided a summary of the agreement and
discussed the implementation plan. Council discussion followed.
It was moved by Perry and seconded by Downie to:
Approve and authorize the City Manager to sign the Advanced Metering
Infrastructure System Agreement with Mueller Systems, LLC in an amount not to
exceed $4,389,764.00, and to make minor modifications to the agreement, if
necessary.
Motion carried 6 -0.
Council discussion followed and Councilmember Collins commended the vendor
for planning to use local vendors during the installation process.
Mayor Di Guilio recessed the meeting for a break at 7:45p.m. The meeting
reconvened at 7:55 p.m.
1. Drake Petition — STV 10-04 Vacation of Portion of 7 Street West of
Valley Street
Planning Manager Roberds described the street vacation and stated she was
available for any questions. She also stated that there had been a minor change to
the map, changing one section from 200 to 150 feet.
Mayor Di Guilio continued the public hearing at 7 :56 p.m. There being no public
comment, he closed the public hearing at 7:56 p.m.
Mayor Di Guilio conducted a second reading of the Ordinance by title, entitled,
ORDINANCE NO. 3420
AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion
of 7 Street, Port Angeles, in Clallam County, Washington.
It was moved by Collins and seconded by Downie to:
Adopt the Ordinance as read by title, citing Conditions 1 -2, Findings 1 -15, and
Conclusions 1 -4, attached as Exhibit "A" in support of the vacation action.
Motion carried 6 -0.
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•
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PUBLIC HEARINGS- 2. Almaden Petition — STV 10 -03 / Street Vacation — 2309 South Eunice
OTHER: Street
(Cont'd)
Planning Manager Roberds stated that the petitioner was out of town and had
requested that the matter be postponed until February, 2011, so that the Planning
Commission could consider the vacation in January, 2011.
•
OTHER
CONSIDERATIONS:
(Cont' d)
PUBLIC HEARINGS —
QUASI-JUDICIAL:
It was moved by Downie and seconded by Mania to:
Continue the Almaden Petition — STV 10 -03 / Street Vacation — 2309 South Eunice
Street until the February 1, 2011, City Council meeting,
Motion carried 6 -0.
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CSO Project Phase I / Brown & Caldwell Consultant Agreement
Amendment No. 9
Public Works and Utilities Director Cutler discussed the amendment and described
the four areas of additional work that need to be completed. He addressed the cost
increases and described the reasons these increases were needed for the project.
Council discussion followed.
Councilmember Collins expressed his concerns regarding contracts that have
numerous amendments. He stated that he accepted Director Cutler's current
explanation, however, he still did not approve of the overall process regarding
contract amendments.
Councilmember Mania stated that he still did not think that the CSO project was the
best option for the City, and believed that the City should focus on prevention. He
also commented on specific issues relating to the amendment.
Director Cutler responded to comments from the two Councilmembers regarding
the CSO project, including clarifying how the CSO engineering plans would handle
overflow events.
It was moved by Perry and seconded by Downie to:
CITY COUNCIL MEETING
December 21, 2010
Approve and authorize the City Manager to sign Amendment No. 9 to the
Consultant Agreement with Brown and Caldwell, in an amount not to exceed
$178,100, which increases the maximum compensation under the agreement from
$3,742,791, to $3,920,891, and to make minor modifications to the agreement, if
necessary.
Motion carried 5 -1, with Mania voting in opposition.
1. Nippon Appeal — Findings & Conclusions
Councilmember Collins recused himself from the matter due to the fact that he was
not present at the Closed Record Hearing.
Mayor Di Guilio directed Council to move onto Other Consideration item 13, while
they waited for Attorney Mike Walter to join the meeting via speakerphone.
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CITY COUNCIL MEETING
December 21, 2010
OTHER
CONSIDERATIONS:
(Cant' d)
PUBLIC HEARINGS —
QUASI-JUDICIAL:
(Cont'd)
OTHER
CONSIDERATIONS:
(Cont'd)
3. AFSCME Labor Contract
Human Resources Manager Coons described the labor contract, stating that most of
the contract language had not changed from the previous contract. He stated that
the main financial change was that the union had agreed to forgo a cost of living
adjustment for 2011 and 2012.
Manager Myers recognized the union and their negotiators for their cooperation
with the City.
It was moved by Mania and seconded by Collins to:
Approve and authorize the Mayor to sign the City Manager to sign the labor
contract between the City of Port Angeles and AFSCME Local 1619 for the
contract period 2011 -2012.
Motion carried 6 -0.
1.
Nippon Appeal -- Findings & Conclusions
Attorney Bloor discussed the reasons behind the Council adopting findings of fact
and conclusions of law. Attorney Mike Walter joined the meeting via
speakerphone.
Mayor Di Guilio stated that the Council received comments regarding the proposed
findings and conclusions from the Appellants' Attorney Thaler, and from the
Respondent's Attorney Backer.
Councilmember Mania stated that he wanted more time to read and digest the
comments received from the two attorneys.
Attorney Walter responded that this was an option Council could use. Council
discussion followed regarding setting a special City Council meeting time for the
following week.
It was moved by Downie and seconded by Mania to:
Table the agenda item until the special City Council meeting on December 28,
2010, at 5:00 p.m.
Council discussion followed.
Motion carried 5 -0, with Councilmember Collins abstaining from the vote.
Councilmember Collins requested to be excused from the December 28, 2010,
special City Council meeting.
4. Western Public Agencies Group Consulting Agreement
Councilmember Mania inquired about billing rates included in the agreement for
clerical staff.
Director Cutler responded by explaining that the rates were fully burdened rates.
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• OTHER It was moved by Downie and seconded by Perry to:
CONSIDERATIONS:
(Coned) Authorize the City Manager to sign an agreement with EES Consulting, inc., and
Marsh Mundorf Pratt Sullivan & McKenzie in an amount not to exceed $ 16,468.00
for Western Public Agency Group 2011 membership dues.
•
FINANCE: None.
INFORMATION:
EXECUTIVE SESSION:
ADJOURNMENT:
Motion carried 6 -0.
Manager Myers informed Council that there would not be a need for an Executive
Session. He spoke regarding the grand opening of Hurricane Ridge Road, the State
Budget issues, the County /City Cooperative Services Study Group, possible dates
for a Council retreat in January, and discussed the likelihood of continued recovery
for the local economy.
Council discussion followed regarding the County /City Cooperative Services Study
Group.
None.
Mayor Di Guilio adjourned the meeting at 8:36 p.m.
,
an Dr Guilio, Mayor Ja - a Hurd, City Clerk
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CITY COUNCIL MEETING
December 21, 2010
6791
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•
EXECUTIVE SESSION
Date: December 21, 2010
Expected length of session: 25 minutes
Is action expected following the session: Yes, action expected during regular meeting.
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.
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.
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6793
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.
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.
Matters governed by chapter 34.05 RCW, the Administrative Procedure Act.
X 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: 5:03 D.M.
Was session extended
by announcement: No
If so, when:
Time session ended: 5:25 a.m.
In attendance:
Manor Di Guilio, Deputy Manor Perry,
Councilmembers Collins, Downie,
Mania, and Nelson [via speakerphonel',
Manager Myers, Attorney Bloor, B.
Coons, G. Cutler, T. Gallagher, D.
McKeen, and Y. Ziornkowski.
G:IGROUPICLERKIFORMS \FORMS AND PUBLICATIONS - CREATION GS2Ol0- O131E'XECUTIVE SESSION Form.wpd