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HomeMy WebLinkAboutAgenda Packet 01/21/2012CITY OF PORTANGELES W A S H I N G T O N U S A. CITY MANAGER'S OFFICE MEMO DATE: JANUARY 19, 2012 TO: CITY COUNCIL FROM: KENT MYERS, CITY MANAGER SUBJECT: CITY COUNCIL RETREAT As you know, the Council Retreat is scheduled for Saturday, January 21, 2012, at the Port Angeles Fine Arts Center starting at 9:00 a.m. Normally it has been our practice to adjourn the meeting by mid afternoon. However, if the Council wants additional time to thoroughly discuss the agenda topics, we can extend the meeting on Saturday or continue to another date. A continental breakfast, beverages, and light lunch will be provided. You are encouraged to dress casually We are excited about this informal opportunity for the Council to meet and share your thoughts and desires for the coming year This Retreat is intended to be an open and honest discussion with equal participation by each Councilmember I will serve as facilitator for the Retreat and Janessa and Teresa will help record your comments. Past Council Retreats have been productive in discussing important challenges facing the City and reaching agreement on Council priorities for the coming year APPROVAL OF RETREAT AGENDA Since the regular Council meeting on Tuesday was postponed, the Council was not able to approve the final agenda for the Retreat. Therefore, I have added approval of the Retreat agenda as the first order of business on Saturday 1 have also added the discussion on Councilmember assignments to Boards, Commissions and Committees since this item was also on last Tuesday's agenda and I thought that the Council may want to proceed with this discussion. At the beginning of the Retreat, the Council will need to decide which of the items listed should be discussed on Saturday and which items can be postponed for discussion at a future date. The Council may also want to change the order of the agenda so the higher priority items can be discussed first. RETREAT GOALS Following approval of the agenda, the first item listed is for City Council to discuss your goals for the Retreat. It is important to discuss and define these goals so we can focus the discussion on achieving your primary goals. I met with Mayor Kidd earlier this week and suggested several goals including: (1) Discuss Council's Long -Range Vision for the Community; (2) Build teamwork between individual Councilmembers, and between City Council and City Staff; (3) Establish priorities for what needs to be accomplished in 2012. Mayor Kidd suggested as an additional goal the enhancement of the City's connections to local citizens. These are initial suggestions and you may have other goals that we want to accomplish on Saturday CITY COUNCIL RETREAT /January 2012 Page 2 LONG -RANGE VISION FUTURE OF PORT ANGELES The next item listed on the agenda is a discussion on the City Council's long -range vision for Port Angeles. There have been a lot of comments recently about our community being in a state of transition. We need to recognize the fact that 10 years from now this city may be very different than what it is today So, if this is the case, what is your vision for Port Angeles for 2022? What do you want our city to become in the next 10 years? How can we use our assets and current investments in the community (i.e. BTOP wireless improvements, CSO improvements, Waterfront Improvements, etc.) to create a better community? This discussion is intended to be very open and to identify similarities with key ideas expressed by each Councilmember CITY COUNCIL MEETINGS AND AGENDAS Following this exercise, the next item listed on the agenda is a discussion on Council meetings and Council agendas including any changes that you want to propose for the coming year Attached is a copy of the current City Council Rules of Procedures and any changes to these Rules need to be considered at this time. I have also attached an example of the current order of your regular City Council meeting agenda and you may want to change the order of the items. Additional items that have been mentioned to me that need discussion include the consent agenda, public comments, and schedule for preparation of the agenda. COUNCIL ASSIGNMENTS COMMITTEES, BOARDS COMMISSIONS The next item is a discussion on committee and board appointments and the establishment of several Council ad hoc committees for 2012. I have attached a copy of the committee and board appointments that are proposed by Mayor Kidd. Several board and committee positions are still open and need to be discussed to determine if there are any volunteers for these positions. For example, we need a second Council representative on PA Forward and Mayor Kidd is interested in relinquishing her position on the William Shore Memorial Pool District Board if another Councilmember is interested in serving in this capacity I have also included a listing of several ad hoc committees that are recommended for the coming year If the Council agrees with these committees, two or three Councilmembers should be assigned to each of these committees. CITY ETHICS POLICY The next item listed on the proposed agenda is a discussion on whether or not the Council wants to move forward on creating an ethics policy during the coming year This is a follow up to the presentation made by Bill Bloor earlier this month. Following his presentation, there seemed to be some interest in moving forward to drafting an ethics policy for the City If this is the case, City staff needs to have more guidance on what type of policy you would like for us to prepare for your consideration. Attached is a listing of questions Bill prepared to help Council provide staff with direction if you want to proceed with this policy this year ECONOMIC DEVELOPMENT PROGRAMS, PROJECTS INITATIVES In the prior Council Retreats, the City Council has discussed specific economic development projects and programs involving the City since this continues to be a high Council priority At the Retreat, we will provide you with an update on these programs and projects and what is planned for 2012 in terms of economic development initiatives. In doing so, we want to ensure we are on track in addressing your priorities in this area and we welcome your feedback in addressing this very important community issue. BUDGETING FOR PRIORITIES PROCESS During the past year, we were able to implement many of the steps in the Budgeting for Priorities process and we are ahead of most communities in using this tool to guide important budgetary decisions. However, there are still several important steps we need to take by mid -year in order to complete the process. It is critical we complete CITY COUNCIL RETREAT January 2012 Page 3 this process because it is expected that significant budget reductions will need to be made this year due to State Budget reductions, declining revenues, and increasing costs. The Budgeting for Priorities process provides an organized and equitable way to make these reductions. At the. Retreat. 1 will provide the Council with a status report on what has been accomplished with this process to date and what needs to be done in the next several months to complete the process. The City Council will need to be involved in the final ranking of programs to insure that this ranking is consistent between departments. You may also want to involve local citizens in this process. CITY BOND PROJECTS CIVIC FIELD and WATERFRONT IMPROVEMENTS The next item on the agenda proposed for discussion is the 2012 City Bond projects that the Council previously discussed. Further direction is needed from the Council on this item including: (1) Confirmation on moving forward with a bond election in 2012; (2) Date you want to schedule this bond election; and (3) Whether or not both the Civic Field improvements and Phase 2 of the waterfront improvements should be included in the bond issue. Election dates previously discussed were the primary election on August 7 or the General Election on November 6, 2012. CITY HALL BUILDING IMPROVEMENT PROJECTS Three City Hall improvement projects are planned and included in the 2012 Budget. This next agenda item is intended to provide Council with an overview of these projects so you have a better understanding of the need and objectives for these improvements. We expect to have an architectural agreement for your consideration in February or March and wanted to provide you this background information prior to consideration of this agreement. In addition, if you have not toured the areas proposed for improvement, we want to schedule a time when we can show you the spaces involved in these projects. TRANSPORTATION BENEFIT DISTRICT The next item on the proposed agenda is a discussion on the possible formation of a Transportation Benefit District this year Due to our limited revenues, we were not able to budget any street paving in 2012. The Council has previously expressed some interest in the creation of Transportation Benefit District, which would provide future funding for street and sidewalk improvements. A number of communities in Washington have established these districts and they report very positive results in terms of street and transportation improvements. Attached is a summary report on how the district can be created and the types of projects that can be funded. Staff needs Council direction on whether or not you would like to move forward in creating this type of district in 2012. UTILITY ACCOUNTS COLLECTION POLICIES PROCEDURES The collection of utility accounts has been the subject of a lot of discussion over the past six months in light of Pen Ply's failure to pay about $300,000 in delinquent utility bills. Due to the status of our local economy, several other businesses have delinquent utility bills, which we are also working on to collect. This next agenda item includes a discussion on our current policies and practices for collection of delinquent utility accounts. We surveyed other communities recently to determine how they were handling this difficult issue. Attached is a report on the results of this survey as well as a copy of our current procedures for collection of utility accounts and additional information. CITY COUNCIL RETREAT January 2012 Page 4 SIGNAGE REGULATIONS Several Councilmembers have recently received complaints about the City's sign regulations pertaining to sandwich -style signs in front of local businesses. So we have scheduled this item for discussion at the Retreat along with any other concerns the Council may have related to our current sign regulations. PARKING REGULATIONS The next item on the agenda is a discussion on parking regulations. One of the Councilmembers recently mentioned the City of Seattle has adopted new handicapped parking regulations and these may be something we need to consider In addition, last year the Council discussed the need to look at some of our downtown parking issues and consider possible changes. JOINT MEETINGS WITH OTHER GOVERNMENT AGENCIES The next item is discussion on possible meetings with other government agencies in 2012. During 2011, we had very productive meetings with the City of Victoria Council and the Clallam County Commissioners. The Council has discussed several possible joint meetings this year involving the Port, Clallam County, Lower Elwha Klallam Tribal Council, Port Angeles School Board and the City Councils in Port Townsend and Sequim. Staff needs to know which agencies you would like to meet with in 2012 and your priorities for scheduling purposes. PROCESS FOR FUTURE SELECTION OF THE MAYOR Another item suggested for discussion at the Council Retreat is the process for the future selection of a Mayor There are provisions in State law, which are attached, which provide an opportunity for the Mayor in the Council /Manager form of government to be elected by local citizens. This discussion includes whether or not this is something you would like for local voters to consider in 2012. TOURS OF LARGE LOCAL EMPLOYERS It has also been suggested for the Council to schedule tours of large local industries in 2012 so you can better understand their business needs and how the City can work closely with them to address these needs. This agenda topic will include discussion on whether you want to proceed with these tours and which local businesses you would like to include. CITY MANAGER 2012 GOALS AND OBJECTIVES It is also typical for the City Council to discuss the City Manager's goals and objectives for the coming year Based upon feedback that I have received from several Councilmembers over the past several weeks, I have drafted the attached preliminary listing of 2012 goals and objectives. I have also attached a listing of the goals and objectives that were set last year Following additional input from the Council, I will prepare a final listing of goals and objectives for your formal consideration at the next regular Council meeting. CITIZEN SURVEY The final item on the proposed agenda is a discussion on the 2012 citizen survey The Council had previously related the need to conduct a comprehensive survey every two years. This discussion will include the proposed dates for the survey, costs and staff time, and any specific information that you want to include in this survey It is hoped that this background information on retreat agenda items is useful to you. We are looking forward to a positive and productive meeting. CITY OF PORT ANGELES SPECIAL CITY COUNCIL MEETING RETREAT Saturday, January 21, 2012, 9 A.M. Port Angeles Fine Arts Center Proposed Agenda 1. Approval of Agenda 2. Goals of Retreat 3. Long -Range Vision Future of Port Angeles -A Transition Community 4. City Council Meetings and Agendas 5. Council Assignments Committees, Boards Commissions 6. City Ethics Policy 7. Economic Development Programs, Projects and Initiatives 8. Budgeting for Priorities Process 9. City Bond Projects Civic Field and Waterfront Improvements 10. City Hall Building Improvement Projects 11. Transportation Benefit District 12. Utility Accounts Collection Polices Procedures 13 Signage Regulations 14 Parking Regulations 15. Joint Meetings with Other Government Agencies 16. Process for Future Selection of Mayor 17 Tours of Large Local Employers 18. City Manager 2012 Goals and Objectives 19 2012 Citizens Survey 20. Adjournment PORTANGELES W A S H I N G T O N U. S. A. CITY COUNCIL RULES OF PROCEDURE As of February, 2010 Section 1 Rules. These Rules shall govern the procedures followed by the City Council of Port Angeles, Washington, for the conduct of Council meetings and the maintenance of order, pursuant to RCW 35A.13 170. Section 2 Open Public Meetings Act. The Council shall comply with the provisions of the Open Public Meetings Act, Chapter 42.30 RCW, in the conduct of all meetings to which said Act is applicable. Section 3 Executive Sessions. The Council may discuss topics in executive session, which topics are specified in RCW 42.30 110 or relate to potential or pending litigation and are subject to attorney- client privilege. The City Attorney shall inform the Council whenever any proposed discussion in executive session is not legally allowed. No member of the City Council, employee of the City, or any other person present during executive session of the City Council shall disclose to any person the content or substance of any discussion or action which took place during said executive session. Section 4 Work Sessions. Special meetings designated as work sessions shall be advertised and conducted in the same manner as special meetings. Work sessions are for the purpose of in- depth review and discussion of specified issues. Final disposition shall not be taken at designated work sessions. Section 5 Quorum. At all meetings of the Council a majority of the Councilmembers shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The passage of any ordinance, grant or revocation of franchise or license, and any resolution for the payment of money shall require the affirmative vote of at least a majority of the whole membership of the Council. RCW 35A.12.120 Section 6 Attendance. A. Attendance, Excused Absences. RCW 35A.12.060 provides that a Council Member shall forfeit his/her office by failing to attend three consecutive regular meetings of the Council without being excused by the Council. Members of the Council may ask to be excused by following the procedure described in this paragraph. The member shall contact the Mayor prior to the meeting and state the reason for his/her inability to attend the meeting. If the member is unable to contact the Mayor, the member shall contact the City Manager or City Clerk, who shall convey the message to the Mayor Following roll call, the Mayor shall inform the Council of the member's absence, state the reason for such absence, and inquire if there is a motion to excuse the member This motion shall be non debatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the Clerk will make an appropriate notation in the minutes. B. Attendance via Speaker phone (AVS). From time to time, a Council Member may not be able to be physically present at a Council meeting, but will want to be involved in the discussion and /or decision on a particular agenda item. The procedure and guidelines for permitting a Council Member to attend a Council meeting via Speaker phone are as follows: Attendance via Speaker phone should be the exception, not the rule, and AVS is limited to three Council Members per meeting. Examples of situations where AVS would be appropriate include, but are not limited to. An agenda item is time sensitive, and AVS is needed for a quorum; -2- limited to: An agenda item is of very high importance to the Council Member that cannot be physically present; It is important for all Council Members to be involved in a decision, but a Council Member is unable to be physically present; Examples of situations where AVS would not be appropriate include, but are not Quasi judicial and other hearings when the Council Member is unable to see presentations or read materials that are distributed during the hearing. Participation in an executive session, unless the Council Member can assure that he or she is in a secure location and able to maintain confidentiality Attendance Procedure: 1 Each Council Member attending via Speaker phone: a. must be able to hear the discussion on the agenda item taking place in the Council chambers, and b. must be able to be heard by all present in Council chambers. 2. At the beginning of the Council meeting the Mayor (or Deputy Mayor, if the Mayor is not physically present) should state for the record: a. Let the record reflect that Council Member is attending via Speaker phone. b. Council Member can you hear me? [There must then be a clearly audible response in the affirmative.] c. Let the record reflect that Council Member who is attending via Speaker phone, can be heard by all present in Council chambers. Notification. If a Council Member wishes to attend a Council meeting via Speaker phone, the Council Member should notify Council of his or her intent at the Council meeting prior to the meeting for which he or she wishes to attend via Speaker phone. -3- If that is not possible, the Council Member should notify the City Manager of his or her wish to attend the Council meeting via Speaker phone not later than the business day prior to the Council meeting for which he or she wishes to attend via Speaker phone. Section 7 Chair of the Council. The Mayor shall be the Chair of the Council and shall preside at all Council meetings. A Mayor Pro Tempore or Deputy Mayor shall be selected biennially at the first meeting of a new Council, for a term to run concurrently with that of the Mayor. hi the absence of the Mayor, the Mayor Pro Tempore shall preside. If neither the Mayor nor the Mayor Pro Tempore is present at a meeting, the presiding officer for that meeting shall be selected by a majority of the vote of those Council Members present, provided there is a quorum. The Chair of the Council may vote on all matters coming before the Council; however, the Chair of the Council shall not be required to vote except in the event of a tie. The Chair of the Council shall state all questions coming before the Council, provide opportunity for discussion from the floor, and announce the decision of the Council on all subjects. Procedural decisions shall be made by the Chair of the Council who may request advice on such matters from the City Attorney Procedural decisions made by the Chair of the Council may be overruled by a majority vote of the Council. Section 8 Agenda. The City Manager shall prepare the agenda of business for all Council meetings. Any Council member, department head, or citizen desiring to place a matter on the agenda shall notify the City Manager by twelve o'clock noon on the Wednesday preceding the Council meeting. Every agenda item must be supported by a written explanation informing the Council and staff of the issue, background and /or analysis, and recommendation and/or conclusion, unless the item is self explanatory or unless the Mayor or City Manager has waived this requirement. All written materials for the agenda shall be delivered to the City Manager by twelve o'clock noon on the Friday preceding the Council meeting. Except for announcements, late items that the City -4- Manager does not receive by the stated deadlines shall not be considered by the Council except upon a majority vote of the members present. Each agenda shall reference all ordinances to be considered by the City Council. No ordinances shall be acted upon unless notice of the preliminary agenda referencing such ordinance has been made available to the public in advance of Council meetings, as set forth below Except in cases of emergency and of final approval of subdivisions, a proposed ordinance shall be presented to the Council at a regular meeting, and the Council may then act to adopt the ordinance at any subsequent regular meeting. Preliminary agendas for all meetings of the City Council shall be made available at least 24 hours prior to the time scheduled for such meetings. The preliminary agenda will be made available to the public in the following ways: I A copy is placed on the City website at www.cityofpa.us 2. Several copies are placed on the front counter at City Hall. 3 A copy is posted on the bulletin board outside the Council Chambers. Section 9 Order of Business. The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve the needs and/or convenience of the Council and the public. The items of business for regular Council meetings may include the following: Call to Order 2. Roll Call 3. Pledge of Allegiance 4 Ceremonial Matters /Proclamations /Employee Recognition 5 Late Items to be Placed on This or Future Agendas as determined by the City Manager or City Council Member -5- 6. Public Comment: During this portion of the meeting, the Mayor will invite citizens to talk with the Council about topics that are not scheduled for public testimony on the evening's agenda. Prior to the start of the "Public Comment" portion of the public hearing, all persons wishing to be heard are asked to sign in with the Clerk, giving their names and addresses, and topic. The Mayor may arrange the order of speakers so that testimony is heard in the most logical groupings. To allow time for the Council to complete its legislative agenda, comments should be limited to no more than 5 minutes per person and a total of 15 minutes for this comment period. At the discretion of the Mayor, these time periods may be lengthened or shortened. Following any public comment, the Mayor may allow time, limited to five minutes, for response from City Council members and /or City staff. No speaker may convey or donate his or her time for speaking to another speaker If many people wish to speak to a particular issue, the Mayor may limit the total amount of time dedicated to that single issue. Written comments may be submitted into the record of a Council meeting by presenting the written document to the Clerk prior to the meeting, in which case a copy of the document will be provided to each Council Member, but the document will not be read aloud; or a document may be distributed to the City Council, with a copy to the clerk, by a speaker while the speaker is addressing the Council. 7 City Council Reports 8. Work Session -6- 9 Consent Agenda 10. Ordinances Not Requiring Public Hearings 11 Resolutions Not Requiring Public Hearings 12. Other Considerations 13 Public Hearings Quasi Judicial 14 Public Hearings Other 15 Finance 16. Executive Session 17 Adjournment Section 9 Voting. Each Council Member shall vote on all questions put to the Council unless a conflict of interest or appearance of fairness problem requires a Council Member to excuse him/herself. If a Council Member does not vote when such vote is required, such member shall be determined to have voted "yes" at the time the vote is taken. Section 10 Decorum and Debate. When a measure is presented for consideration to the Council, the Chair of the Council shall recognize the appropriate individual to present the matter When two or more members wish to speak, the Chair of the Council shall name the member who is to speak first. No member of the Council shall interrupt another while speaking except to make a point of order or privilege. No Council Member shall be permitted to indulge in personalities, use language personally offensive, or use language tending to hold a member of the Council up to contempt. If a member is speaking or otherwise transgressing the Rules of the Council, the Chair of the Council shall or any Council Member may call him/her to order, in which case he /she shall immediately be quiet unless permitted to explain. The Council shall, if appealed to, decide the case without debate. If the decision is in favor of the member called to order, he /she shall be at liberty -7- to proceed, but not otherwise. A Council Member transgressing this Rule shall be liable to censure or other such punishment as the Council may deem proper Section 11 Questions of Parliamentary Procedure. Questions of parliamentary procedure not covered by these Rules shall be governed by Robert's Rules of Order, Newly Revised (1990 Edition). Section 12 Board and Commission Vacancies. The selection process for filling board and commission vacancies shall be as follows; provided, however, that in specific situations, the Council may by majority vote revise the process: A. The City Manager or his designee will solicit in the City's official newspaper volunteers who wish to serve on boards and commissions. B. The City Manager or his designee will mail application forms and specific information as to functions of the preferred board(s) or commission(s) to interested citizens. C The City Manager or his designee will submit application forms, questionnaires, and /or related information, to the designated interviewing body, as set forth on Exhibit "A for review and interviews. D The designated interviewing body will interview candidates in open public session. Candidates who have not been interviewed will be excluded from attending the prior interviews. E. The designated interviewing body will forward a recommendation to the City Council as to the preferred candidate(s) for appointment to a board or commission. The City Council will make appointments by a majority vote. If the City Council is the designated interviewing body, the Council will select its preferred candidate in an open public meeting by roll call vote and the Mayor will make the appointment. F The City Manager or his designee will provide written notice of appointment and confirmation, provide introduction to the chairperson of the respective board or commission, and -8- provide introductory and educational information to the newly appointed member. G. In the event the number of members of any board or commission fall to the number required for a quorum plus one, the City Manager shall have the authority to make an interim appointment, subject to confirmation by the City Council. The term of an interim appointment shall be for (a) the remainder of the vacant term, (b) 6 months, or (c) until a permanent appointment is made by the City Council, whichever is less. Section 13 Notice of Public Hearings. Notice of all public hearings to be conducted by the City Council or any of its advisory boards and commissions shall be given either by publishing written notice at least once in the City's official newspaper prior to the date of the hearing, or by complying with any specific statutory requirements for such notice that may be applicable to the particular type of hearing involved. Section 14 Council Vacancies. The selection process for filling Council vacancies shall be as follows, provided, however, that the Council may by majority vote revise the process: A. Notice of the vacancy and the procedure for filling the vacancy shall be published twice in the City's official newspaper B. The Council will open a filing period of not less than 10 days for the vacancy and request each candidate to complete an application form or submit a letter of interest. C. The candidates will then be interviewed during a public Council meeting. D The Council may deliberate on the qualifications of the candidates in a closed session and then vote on the appointment in an open meeting. E. In all other respects, the procedure for filling a Council vacancy shall be as provided in State law Established /Amended by Resolution Nos. 21 -84, 13 -86, 9-87,2-88,3-88, 19-88,37-91,5-92, 2-95,5-95,4-96,20-96,11-97, 2 -98, 6 -98, 15 -99, 17 -04, 2 -05, 10 -05, 2 -06, 11 -06, 12 -06, 8 -07, 3 -08, 10 -09, and 5 -10 G \LEGAL\Counml \Resource Book \Council-Rules of Proc 02.17.10.wpd -9- 1/40 g 1 re) CU 0 713 0.0 O 01 10 Ct to 0 I* 4 ,73 Po u5 4 3 o, sz o U )4' 0 •0 ct o g 1 15 4 8 4.7 gi •O ce? o C.) tia pi 021 lz a) -as to .4 o o 4,7,4 co PLI O ON E 0 ca .7:7 CI P. 0 +9 PA a, tu SAMPLE ONLY PORTANGELES W A S H I N G T O N LI S.A. AGENDA CITY COUNCIL MEETING 321 East 5 Street SAMPLE AGENDA REGULAR MEETING 6 p.m. NOTE. HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK Port Angeles City Council Meeting Page I AGENDA'ITEM P RECOMMENDATION Note: The Alayor may determine the order of business for a particular City Council mee ing The agenda should be arranged to best serve the needs and/or convenience of the Council and the public The items of business for regular Council meetings may include the following: A. CALL TO ORDER REGULAR MEETING AT 6:00 p.m. B. ROLL CALL PLEDGE OF ALLEGIANCE CEREMONIAL MATTERS, PROCLAMATIONS EMPLOYEE RECOGNITIONS 1 2. B -1 I Present Proclamation /Recognition PUBLIC COMMENT C. CITY COUNCIL REPORTS D. WORK SESSION 1 2. D-1 D -3 I Conduct Work Session 2. E. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City Manager or Councilmember F CONSENT AGENDA 1 City Council Minutes for F -1 I Accept Consent Agenda 2. Expenditure Approval List: to for 3. 4. 5. 6. 7 G. ORDINANCES NOT REQUIRING PUBLIC HEARINGS 1. G-I I I c or 2" Reading Continue or Adopt H. RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS I 2. H -1 1 Pass Resolution SAMPLE ONLY PORTANGELES W A S H I N G T O N LI S.A. AGENDA CITY COUNCIL MEETING 321 East 5 Street SAMPLE AGENDA REGULAR MEETING 6 p.m. NOTE. HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK Port Angeles City Council Meeting Page I AGENDA ITEM, page RECOMMENDATION I. OTHER CONSIDERATIONS I Agreement IT Services 2. Project Approvals 3. Memorandum of Agreements 4. Low- Interest Loan Applications 5 Contract Extension 1 -1 1 Approve 2. Approve 3. Approve 4. Approve 5. Approve J. QUASI JUDICIAL MATTERS REQUIRING PUBLIC HEARINGS (7:00 P.M., or soon thereafter) 1 2. J -1 1. View Presentation; Public Hearing Process; Continue or Adopt K. PUBLIC HEARINGS OTHER (7:00 P.M. or soon thereafter) 1 2. 3. K -1 1 View Presentation; Public Hearing Process; Continue or Adopt L. FINANCE 1. Contract 2. Purchases L -1 L- 1 Approve M. INFORMATION City Manager Reports: 1 Planning Commission Minutes 2. Building Permits Monthly Report 3. Other Reports 4. 5. i N. EXECUTIVE SESSION Can be held at the end of the regular meeting, or as part of a special meeting beforehand. O. ADJOURNMENT PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. In addition, the City Council may set a public hearing in order to receive public input prior to making decisions, which impact the citizens. Certain matters may be controversial, and the City Council may choose to seek public opinion through the public hearing process. SAMPLE ONLY NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK Port Angeles City Council Meeting Page 2 co r U 2 a x X scC X x X 4 a Q a X x Q X X x x X X X x X X X a E CD 2 `o `o o r M N T to 2 2 m 2 CITY COUNCIL AD HOC COMMITTEES 2011 Strategic Budget Goals Municipal Court Historic Building 215 Lincoln City Branding 2012 (Proposed) Municipal Court Historic Building 215 Lincoln City Branding Employee Salaries and Benefits Port Angeles Fine Art Center Ethics Policy Questions for City Councilmembers I. Should the City adopt an Ethics Policy? There are three alternatives. They are: a. Do Not Adopt a Policy b. Adopt a Simple Policy c. Adopt a Detailed policy The first alternative would simply continue the status quo. Port Angeles does not now have its own general city code of ethics, and this is consistent with most cities. The majority of Washington cities have not adopted any special ethics policy They rely on the State's ethics rules for municipalities. II. If the City Council elects to adopt an Ethics Policy, what should it be: a. A simple policy? b. A detailed policy? There are many variations of simple policies. Probably the most common of these is an ordinance or City Council resolution that recognizes the state law on contract interests, remote interests, prohibited interests; declares that City employees and officials shall follow the state rules; and requires training to City Council once per year This is the WCIA recommendation. There are many other variants of simple policies. All of them are written to reflect the perspective and sentiments of the particular city It could be a pledge, drafted and signed by council members, stating agreed rules of conduct. It might also be an ordinance or resolution that adds some specific principles or expectations to the existing State rules of conduct. In any case, such a variant would require detailed direction from the City Council. In contrast to a simple policy, a detailed policy is much more comprehensive. It could function as a stand -alone code of ethics. Such a policy might include: a. Detailed definitions, b. Detailed description of prohibited conduct, c. Complaint process, d. Penalties for noncompliance, e. A city Board of Ethics, and f. A requirement of financial disclosure to the city Again, such a policy would require detailed direction from the City Council. 1 Ethics Policy Questions for Councilmembers City Council Retreat January 2012 Page 2 III.If the City adopts some ethics policy, either simple or detailed, should it include limitations on the ability of former Council members to engage in financial dealings with the city? Most cities do not impose such limitations. A few do. Of those, some impose are broad limitations, and some impose narrow ones. As an example, a broad limitation might apply to City Council members, all employees, and all members of city boards and commissions. It would prohibit those people, for a period of time, usually one or two years, from any of the following: Being a party to a contract with the city, Representing others before city in any administrative process, and Providing assistance to others in any administrative process (as a consultant). A narrow limitation might apply only to City Council members. It typically is limited to one year, and it would prohibit only Being a party to a contract with the city, Representing others before city in specified actions (e.g., a development permit application). As with the issues mentioned above, the Council may elect to adopt such a policy, or not. If it chooses to adopt such a policy, the Council will need to decide the scope and details of the policy 2 RE: Transportation Benefit Districts The ability to create transportation benefit districts (TBD) has been in existence since 1987 However, clue to limitations imposed on districts themselves and on funding, they were rarely used. In fact, prior to 2005 only 2 had been formed in the state. On May 4', the Governor signed ESDB 1858 which becomes effective on July 22, 2007 The bill made several modifications to the authority. Notably, the changes allow cities to impose a vehicle registration fee of up to $20 per vehicle. As expected that with those changes in the law, TBDs would be widely adopted by cities to assist in funding street, road, and transportation projects. Background: Cities may establish transportation benefit districts to fund capital improvement of city streets and roads. The improvements must be consistent with (1) local and regional transportation plans, (2) required for economic development, and (3) partially funded by local governments or private sources. Creation of the district requires a public hearing and a finding of public interest for formation. The procedure to create a TBD is simple. The City Council must conduct a hearing, and of course give prior notice of the hearing. At the conclusion of the hearing, the City Council may establish a TBD simply by adopting an ordinance. Transportation benefit districts are quasi municipal corporations with independent taxing authority, including authority to impose taxes and impact fees for construction purposes. The transportation benefit district must include the entire area within each participating jurisdiction. That is, if a transportation benefit district is formed here, it must include all territory within the city limits. The governing body of the TBD is the local legislative authority In our case the City Council would be the governing authority of the TBD. TBDs may find projects that are of state -wide or regional significance contained in a state or regional transportation plan. A TBD may spend up to 40% of its revenue on local street improvements. 2007 Legislation: The legislation adopted in 2007 specifically granted to TBDs, once formed the ability to impose a vehicle registration fee up to $20 per vehicle. That may be imposed without a vote of the people. With a vote of the people, the fee may be increased to $100 per vehicle. The Department of Licensing administers and collects the fees, In the alternative, the TBD may impose an impact fee on the construction or reconstruction of commercial or industrial buildings, or the development or subdivision of land for commercial purposes. Of the two alternatives, most commentators believe that the vehicle registration fee was most likely to be used. There are limitations. Some of the limitations do not apply to Port Angeles but others do. First, we are not allowed to impose any fees or charges within 180 days of the effective date of the Act, July 22, 2007, unless the County by resolution declares that it will not impose those fees. In addition to the $20 vehicle registration fee, which can be imposed without a vote of the people, TBDs may also obtain finding through general obligation bonds, LIDs, development fees, and voter approved levies. The County has the first right to impose the fees authorized by the 2007 legislation. If so, then the money collected by the County is distributed in accordance with an interlocal agreement that must be negotiated between the county and cities within the county. The interlocal agreement is effective when it is approved by the county, and 60% of the cities representing 75% of the population of the cities within the county. The weakness in this is that there is no default position for distribution of the money in the event entities are unable to negotiate an interlocal agreement. In that case, the legislation provides that the TBD may still collect up to the $20 fee, but there is no automatic distribution to cities. What projects are eligible for funding: First, the ordinance that establishes a TBD must specify the functions to be performed by that district, and they must be in accordance with the general requirements of TBDs. In general, this means that the money must be used for a "transportation improvement." The statute defines that term to mean a project which is identified in both a local transportation plan and a regional transportation plan. If that condition is met, however, the scope is fairly broad and may include investment in new or existing arterials of regional significance, high capacity transportation, and other projects of regional or state -wide significance including transportation demand management. Projects may also include the operation, preservation, and maintenance of those facilities. The I BD, as originally contemplated, was designed to carry out a single project and some elements of that remain. One section of the statute requires that the district terminate day -to -day operations within 30 days after completion of the "construction of the transportation improvement or series of improvements authorized by a district." Another section provides that "the ordinance establishing a district shall specify the functions and transportation improvements to be exercised or funded and that the functions or transportation improvements proposed to be provided or funded by the district may not be expanded beyond those specified in the notice of hearing unless additional notices are made These provisions do place constraints on TBDs. However, there remains enough flexibility to give each TBD a wide scope, and there is nothing to prohibit a city from creating a series of TBDs over time. COLLECTION OF ACTIVE PAST -DUE UTILITY ACCOUNTS The goal in the collection of past due utility accounts is meet the best interests of both the City of Port Angeles and the utility customer, to provide quality customer service, to keep financial losses to the city to a minimum, and to be consistent in the method of the application of credit to the customer regardless of race, color, or creed. Monitoring Active Past -Due Accounts The following tools should be used to monitor and track past -due utility accounts. The Customer Service Manager decides if further collection action by the City should be taken. A 'trial balance' report shall be run at least once a month for all accounts 60 -120 days past due. Each delinquent account should be reviewed for payment status, credit history, and payment arrangements. A tickler file is kept for customers who are consistently past due. This file shall be reviewed weekly to check on payment status and payment arrangements. The 'delinquent payment plan' report shall be run weekly to check on customers who are past due on their payment arrangements. A 'cut -off' report shall be run after all processes listed above have been run and completed. Past due accounts shall be checked to see what (if any) collection action should be taken by the City. Collection of Active Past -Due Residential Accounts Residential past -due utility accounts are processed within the following guidelines. 1. Customers who are known to be disabled or elderly (60 years or older) are given a door hanger after they receive their regularly generated delinquent notice. The door hanger warns of a pending service disconnection if payment or satisfactory arrangements are not received within 24 hours. In addition, a service limiter may be installed initially before total disconnect of service for a minimum of 10 days if a disabled customer is to be disconnected for non payment. 2. Customers who have had City utility service for less than a year may have their service disconnected for non payment a minimum of 11 days after the creation of a delinquent notice that is sent through the mail. 3. Customers who have not had any collection action taken on them by the City within the past year are given a door hanger after they receive their regularly generated delinquent notice. The door hanger warns of a pending service disconnection if payment or satisfactory arrangements are not received within 24 hours. 4. Customers who have not had any collection action taken on them by the City within the past year may receive up to two door hangers within a year. These customers are considered low risk and therefore will not have their service disconnected for non payment a minimum of 11 days after the creation of a delinquent notice that will be sent through the mail. After two courtesy door hangers in a year, customers are considered a credit risk because they have failed to pay or make satisfactory arrangements without the City having to warn them. 5. No action should be taken on past -due utility accounts that are in arrears $50 or less. 6. Customers who have been given a door hanger as a courtesy shall be disconnected if payment or satisfactory payment arrangements have not been made or completed within 24 hours after such warning. 7 Customers whose services have been disconnected for non payment shall pay the full balance of the utility bill plus a deposit as per Port Angeles Municipal Code (PAMC) 13.16.050. 8. The Customer Service Manger or his designee shall have the discretion and ability to approve payment of less than designated in PAMC 13 16.050 if they see that it will meet the best interests of the City and the Customer to do so. 9 All accounts scheduled to be disconnected for non payment shall first be reviewed to insure the customers have received a proper delinquent notice, have not made payment arrangements, and have been processed according to the guidelines above. 10. Payment arrangements should be made with the customer so that the customer can bring their account current in the shortest amount of time possible. The arrangements should be realistic to the customer and to the City and not place undue hardship upon the customer. All payment arrangements must have the goal of bringing the past due account current. A reasonable amount of time must be given to the customer to seek the assistance of help agencies if they are unable to make payment themselves. If a customer can offer no way of paying on their account to bring it current, and all help agency assistance has been exhausted, the customer must be told that there can be no guarantee of utility service, and utility service may be disconnected for non payment. 11. The guidelines of the Winter Moratorium law in RCW 35.21.300 shall be followed if a customer requests that the rules be applied to their circumstance and if they are eligible to be governed by the RCW. Collection of Active Past- Due Commercial Accounts Because commercial utility accounts are unique in that they may involve the employment and livelihood of citizens of the City, collections of past -due commercial utility accounts are to be processed according to the following guidelines. 1. Commercial accounts with utilities paid by the owner that involve rental spaces to tenants require that door hanger warnings be given to all tenants. The door hanger must give the tenants a minimum of 10 days warning that service may be interrupted. The tenants have the option of paying the past due bill, placing the account in their name, or convincing the landlord to pay before the 10 days has expired. If none of these options are accomplished, the services are disconnected and the full amount of the bill is due and a deposit may be required in order to reconnect the services. 2. Commercial accounts that employ citizens are warned by phone or by door hanger (in addition to regularly generated delinquent notices) that there is a pending disconnect for non payment if payment or satisfactory arrangements are not made within 24 hours. 3. Payment arrangements should be made with the commercial customer so that the customer can bring their account current in the shortest amount of time possible The arrangements should be realistic to the customer and to the City and not place undue hardship upon the customer. All payment arrangements must have the goal of bringing the past due account current. A reasonable amount of time must be given to the customer to pay their arrears. If a customer can offer no way of paying on their account to bring it current, the customer must be told that there can be no guarantee of utility service, and utility service may be disconnected for non payment. 4 Before service is disconnected on a commercial account, or if a commercial customer is having problems staying current on payment arrangements, the City will make contact with the customer to offer solutions to bring the account current. 5. If attempts to collect on a past due account proves futile, the Finance Director and City Manager shall be contacted for assistance and /or advice on how to proceed. 6. If a commercial account is to be disconnected for non payment, senior management shall be notified in anticipation of a response from the commercial customer, and for input on whether to negotiate a payment plan. 7 Senior management will be responsible for determining if Council should be notified and consulted on the collection of a past -due commercial account. Utility Survey and Staff Meeting Synopsis In order to compare policies and procedures for collection of past due utility accounts, the following utility companies were contacted: Clallam County PUD #1, Mason County PUD #1, Mason County PUD #3, The City of Ellensburg, The City of Richland, The City of Cheney, The City of Centralia, Clark County PUD, and Grays Harbor PUD It was found that most utilities have the same basic procedures as the City of Port Angeles. All give 15 to 25 days before a bill is due, except for Clallam PUD and the City of Port Angeles who give 30 days. Once past due, a delinquent notice is mailed giving anywhere from 7 to 10 days to respond. (The City of Port Angeles gives 10 days). Some entities give a second notice by phone or mail within that period. (The City of Port Angeles makes an automated phone call to most, but not all, accounts). Almost all of the utilities contacted leave a door hanger giving 24 hours to pay or make arrangements to pay if there is no response to the notices. (The City of Port Angeles leaves a door hanger only if the customer has had service more than one year and has what is considered a good credit history.) In all utilities, if the customer does not keep the arrangements made, or fails to respond to the notices, utilities are disconnected until satisfactory payment and /or arrangements are made. All of the utilities, except Clark County PUD and the City of Port Angeles, require a deposit for commercial and industrial accounts. Some of the utilities do not have what we consider to be an industrial account. The deposit is either a standard amount from $200 to $300 or an amount equal to two months of the highest monthly bill. Clark County PUD is a large utility and has a team of Customer Service Representatives that work only with commercial accounts. We did not inquire as to whether a deposit could be waived for any reason. Not all of the utilities found an upward trend in the number of delinquencies they experienced, but all mentioned that customers were angrier overall, there were more NSF checks written than in the past, and that bankruptcies were on the increase. Grays Harbor PUD had an experience similar to ours with Pen -Ply; a large industrial customer with 250 employees and an average monthly bill of $300,000 went approximately $2 million in arrears. The company shut down and left $1 million still owing. It was mentioned that they had faced the same challenges that we did, receiving a similar response from their customers and the consideration of losing 250 jobs in the community The policy overseeing the collection of past due accounts differed from utility to utility Some utilities deal mostly with residential accounts and some only have "Mom and Pop" commercial accounts. Some utilities were not very flexible on payment arrangements, while others worked with the customer as much as possible. All noted that a three month bill is due before action could be taken. Most utilities said that past due accounts and payment arrangements have to be evaluated on a case -by -case basis. All of the utilities noted that once a service was disconnected for nonpayment, especially for a commercial account, payment would most likely not be made. After reviewing these survey results, City staff is seriously considering the collection of deposits on commercial and industrial accounts. If not a deposit, a personal guarantee, letter of credit, collateral, or a landlord guarantee may be an option. It was also noted that when rates are set, the loss contingency should be considered and evaluated. a) w I10 C 0 N C C W U 4 0 a 1 .1- CO crt O to N O1 CC/ O E VI CO a E N 7 Z c c E 0 0 `o 0 C Fa c o is c to C -O H 0) 0 0 co CO c a) -0 c u c 2' Ti 0 U 5 co K o z Q O X J E 3 v> 3 3 3 3 3 3 4, 3 3 0 c 0 0 a) 0 0 0 0 0M o 0 CIO 0 a o 0 o o y o to to to to co ro to to 't N a to t to to to to VI to f a) y O` a) a) al a) 0 0 3 0 O) CU n E E E E E E s E E v c J 0- J J J J J 0 c111 2 0 4, 9.1 C O a) co N C E c o l'O C 0 o a Z a) H In w w w w w w w w w w w w w w w w w w w w w w Cs O O N In N CO to CO N 01 N O In en m O m m tT o o up LO O N m en 0 01 en N a) ri V W n N N m c m o N V1 O O ti .-1 O N O N O Ol N N cr O o o to to M m to o to to o N V1 N O O O tY1 CO CD CO N O O N O N O O -I O R .-I en O N O ca o in co to V In N N CO O N N N V in tD to 0O N N to a N 6, tD L1 m in m V m 6 6 (4, 0 o dt to to to tD to 0 in M N r+m en In a) CO a) 0- o r1 N Cyl CO 0 to N •-I f1 O N N Ci N to N n a to cn o m t0 in M N 0 0 in in N O co N N to M 0 0 .-1 O U 0 O S C a) to 0 0. o D tt R 0 O L 4t n '-I U O w o_. E y as U 4, c O a o c o_ c O 0 O N D w O 0 a U c m O. U m w L L O> r 0 6 m C L C j U 0 0 co C C 0 U a) C C c W« J O 0 p C O U J J J C C 3 w 1' O U t- m C O O C C O O U O C O N a Io c v E U coo .n ON j O O C C u C N N a. c CO C Q C al a) O a) N 0 Y r4, to y y U C U Y 4, M CIC CO m m U v V U m 113 V 0 w (.9 -Si 2 2 2 0 0 0 a 0 z 31 L C j 0 N CO a ir 2) aj! «w Co co 3 e 4 i; \g i q' 5a 5 a® 4\ t 2 f r p c g co M NMN o co up rn §m!; 0 k §;I; |§MN COLLECTIONS TO REVENUE e Revenues do not include unbilled receivables at year end $5,988,7 $3,207, $573,449. $47,459,2 19,75 26,142. 12,95 3 387.00 126,986.48 0399% 0.389% 0.437% 0.404% 0.591 0.268% PROCESS FOR SELECTION OF THE MAYOR RCW 35A.13.033. Election on proposition to designate person elected to position one as chair Subsequent holders of position one to be chair The city council of a council- manager city may by resolution place before the voters of the city, a proposition to designate the person elected to council position one as the chair of the council with the powers and duties set forth in RCW 35A.13.030 If a majority of those voting on the proposition cast a positive vote, then at all subsequent general elections at which position one is on the ballot, the person who is elected to position one shall become the chair upon taking office. CREDIT(S) [2009 c 549 3019, eff. July 26, 2009; 1975 1st ex.s. c 155 3.] RCW 35A.13.030 Mayor Election Chair to be mayor Duties. Biennially at the first meeting of the new council the members thereof shall choose a chair from among their number unless the chair is elected pursuant to RCW 35A. 1 3.033 The chair of the council shall have the title of mayor and shall preside at meetings of the council. In addition to the powers conferred upon him or her as mayor, he or she shall continue to have all the rights, privileges, and immunities of a member of the council. The mayor shall be recognized as the head of the city for ceremonial purposes and by the governor for purposes of military law He or she shall have no regular administrative duties, but in time of public danger or emergency, if so authorized by ordinance, shall take command of the police, maintain law, and enforce order [2009 c 549 3018, 1975 1st ex.s. c 155 2, 1967 ex.s. c 119 35A.13.030.] City Manager 2011Performance Goals and Objectives 1. Improve Approach to Budgeting by Initiating Increased Controls over City Expenses. A. Complete Implementation of Budgeting for Priorities B. Maintain Positive Fund Balances in All Major Funds C. Establish Clear Priorities for New Capital Projects 2. Continue Focus on Customer Services in All City Departments 3. Continue Major Focus on Economic Development to Insure that the Local Economy is Expanded and Improved A. Continue to Work on Expanding the Tourism Base Including Attraction of Visitors from the Victoria Area. B. Complete On -Going Projects that will Impact the Local Economy such as the Composite Campus, Airport Master Plan, Waterfront Improvements and the redevelopment of the Rayonier Property C. Complete Retail Market Analysis and Start Implementing Recommendations from Study to Improve the Community's Retail Base. 4. Manage and Control Future Utility Rate Increases 5. Review City Organizational Structure and Recommend Changes in Staffing Structure and Complete Succession Plan 6. Complete Plans for CSO Phase 1 Project and Initiate Construction 7 Increase the City's Involvement with Sustainability and Renewable Energy Issues 8 Work Closely with Local Organizations such as the County, Port, EDC and the School District to Develop Additional Community Partnerships 9. Continue to Implement Recommendations from AIA Study that will Assist in the Development of a Clearer Vision of the Community and Enhanced Sense of Identity CITY MANAGER KENT MYERS 2012 Performance Goals Objectives Draft January 19, 2012 1 Manage and Control Future Utility Rate Increases 2. Implement Additional Efficiency Improvements Such as Reorganization of Departments and Functions 3 Continue Efforts to Partner with Other Local Governments and Non Profit Agencies 4 Initiate Construction on Phase 1 of the Waterfront Improvements 5 Complete Budgeting for Priorities to Guide City with Difficult Budgetary Decisions 6. Continue Major Focus on Economic Improvements Including Expansion of Retail Base 7 Meet with Individual Council Members on Monthly Basis for Improved Communications on Major Issues 8. Build Close Working Relationship with Major Employers Such as Nippon, ACT!, Westport and Olympic Medical Center 9 Control Spending on Personnel and Capital Costs 10 Continue Efforts to Improve Customer Services 11 Continue Outreach to Local Citizens with Goal of Building Trust, Confidence and Support 12. Maintain a Lower Profile and Avoid Controversies When Possible 13 Maintain Positive Attitude and Positive Leadership of City Staff