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HomeMy WebLinkAboutAgenda Packet 04/24/2012AGENDA A. CALL TO ORDER SPECIAL MEETING AT 5:00 P.M. B. ROLL CALL PLEDGE OF ALLEGIANCE C. WORK SESSION 1. 2012 Bond Election Civic Field Recommendation: Conduct 2 Reading; Adopt Ordinance 2. Interim City Manager Contract Recommendation: Approve 3. Shoreline Master Program 4. Low Income Utility Discounts 5. Percent of Capital Funding Allocation for Local Arts Funding D. ADJOURNMENT PORTANGELES W A S H I N G T O N U. S. A. AGENDA CITY COUNCIL MEETING 321 E. FIFTH STREET April 24, 2012 SPECIAL MEETING 5:00 P.M. NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK April 24, 2012 Port Angeles City Council Meeting Page I This agreement is made and entered into by and between• the City of ,Port .Angeles hereinafter called "City," and Dan McKeen, who may hereinafter be catled.`1nterim.City, Manager." Section I Recitals: INTERIM CITY MANAGER EMPLOYMENT AGREEMENT A. This agreement is intended to establish a basis for good working relationships and to avoid possible misunderstandings. B. The parties also intend to establish by this agreement the terns and conditions for employment of Dan McKeen, as Interim City Manager for the period of this agreement. C. The patties recognize and agree that the task of any Interim City Manager should be limited to maintaining the current functions of the city and facilitating the hiring of a well qualified city manager. D. The City Council and the Interim City Manager expect and agree that communications between then be courteous, and at same time must be honest candid, and frank. Section 11 Appointment: A. Pursuant to RCW 35A.13.150, Dan McKeen is appointed to the position of Interim City Manager and is authorized to perform the duties of City Manager in accordance with the provisions of Ch. 35A.13 RCW. Section 111 Term: A. This agreement shall be effective April 18,'2012 and shall continue in effect until..,. 'terminated.by the'City.Council in accordance with'Chaptcr35A;13 RCW, a new City Ma lager., ;;r commences work fdr-the City, or'for 120'days, whichever ,occurs first.. y B. Upon the expiration or termination of this agreement, the Interim City Manager shal6 be reinstated to his position as hire Chief, with all the rights and benefits he possessed before this agreement was made. gun u PC�7; Section IV Rights and Responsibilities of Interim City Manager: A. The primary duties of the Interim City Manager are to: 1. facilitate the process of hiring a new City Manager, and •2: assure that all departments „of rthe„Citl:•continue to :-function orderly and efficiently as they currently are structured, that all current tasks and projects of the City prb ecd in 'a timely and economic mariner; and that the current functions•and programs of the. City are performed effectively and in a manner consistent with the "Statement of Values" of the City:• B. The Interim City Manager shall have and exercise all the rights and authority of:City. Manager in accordance with Ch. 35A.13 RCW, all ordinances andresolutions,of the City of Port Angeles, and all policies adopted by the City Council. C. The Interim City Manager shall devote as many hours as needed to fulfill his duties and responsibilites as described in this agreement. The parties acknowledge that more than 40 additional work hours per week will be needed in order to discharge the duties and responsibilities of the position of Interim City Manager. The Interim City Manager is not entitled to additional compensation for hours worked over 40 per week. Section V Responsibilities of City Council: A. The City Council recognize that the laws defining the relationship between a city manager and a city council apply equally to the Interim City Manager. Examples include, but are not limited to: 1. Council members shall deal with all city employees, contractors, and consultants solely through the Interim City Manager, or his designee, except for purposes of inquiry. 2. Council members shall not give orders or direction to any subordinate of the Interim City Manager, either publicly or privately. B. The City Council shall not establish any new programs, tasks, or projects to be carried out by City employees; except for emergencies, shall not change the personnel positions currently authorized; and shall not alter the current organizational structure of the City. Section VI Salary and Benefits: A. The Interim City Manager's tofal salary for all services performed for the City'shall be.., his current salary as Fire Chief, plus an additional twenty (20 percent of his current monthly salary. B. The Interim City Manager shall be entitled to all employment benefits he'cun•ently recieves in his position as Fire Chief. LCir Section VII Other Provisions: A. City shall defend, save harmless, and indemnity Interim City Manager against any tort, professional liability claim or demand, or other legal action arising out of an alleged act or omission occurring' in the legitimate performance of Interim City, Manager'sduties.. B.' City shall bear the full cost of any fidelity or other bonds required of the Interim City Managerunder' any law or ordinance. C: The text,herein shall constitute the entire agreement,between the parties. D.. This agreement shall be binding upon, and inure to, the benefit of the heirs at law and executors of the Interim City Manager. E. Pursuant to RCW 35A.13.050, the normal requirement that a City Manager reside inside the City is waived. IN WITNESS WHEREOF, the City of Port Angeles has caused this Employment Agreement to be signed and executed by the Mayor at the direction of the City Council, and attested to by the City Clerk, and the Interim City Manager has signed and executed this agreement in duplicate this 24th day of April, 2012. CITY OF PORT ANGELES INTERIM CITY MANAGER Cherie Kidd, Mayor Attest: Janessa Hurd, City Clerk Dan McKeen Approved'as'to fprin: I' William'E. Bloor, City Attorney McKeen Interim City Manager 04 20 12.docx ORDINANCE NO. AN ORDINANCE of the City Council of the City of Port Angeles, Washington, providing for the submission to the qualified electors of the City at an election to be held on August 7, 2012, of a proposition authorizing the City to issue its general obligation bonds in the aggregate principal amount of not to exceed $4,000,000 to improve, renovate, and equip Civic Field, and levy excess property taxes in connection therewith. WHEREAS, the City of Port Angeles, Washington (the "City currently owns and operates Civic Field, a multi- purpose sports field and stadium suitable for football, baseball and soccer, among other activities, which is in need of improvement and renovation; and WHEREAS, in February 2010, the City commissioned a facility assessment of Civic Field to quantify the necessary improvements and renovations and associated costs (the "Field Assessment and WHEREAS, the Field Assessment recommended replacing the grass field with synthetic turf, installing a new lighting system, installing a new boiler, and providing for other infrastructure needs at Civic Field (as further described in Exhibit A attached hereto, the "Civic Field Improvements and WHEREAS, in order to provide part all or a portion of the funds to finance the Civic Field Improvements, it is deemed necessary and advisable that the City issue and sell its unlimited tax general obligation bonds in the aggregate principal amount of not to exceed $4,000,000 (the `Bonds and WHEREAS, the Constitution and laws of the State of Washington provide that the question. of whether such Bonds may be issued and sold for such purposes and taxes levied to pay such Bonds must be submitted to the qualified electors of the City for their ratification or rejection; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council hereby finds that the best interests of the residents of the City require the City to make the improvements and renovations identified in Exhibit A, which is incorporated herein by this reference, at the time, in the order and in the manner deemed most necessary and advisable by the City Council (the "Civic Field Improvements The total cost of the Civic Field Improvements is not expected to be less than $4,500,000. The cost of all necessary appraisals, negotiation, closing, architectural, engineering, financial, legal and other consulting services, inspection and testing, administrative and relocation expenses and other costs incurred in connection with the foregoing capital improvements shall be deemed a part of the capital costs of such improvements Such improvements shall be complete with all necessary equipment and appurtenances. The City Council shall determine the exact specifications for the Civic Field Improvements as well as the timing, order and manner of completing the projects. The City Council may alter, make substitutions to and amend such project descriptions as it determines are in the best interests of the City and consistent with the general descriptions provided herein. The City Council shall determine the application of moneys available for the various Civic Field Improvements set forth above so as to accomplish, as nearly as may be, all of the Civic Field Improvements. If the City Council shall determine that it has become impractical to improve, renovate, acquire, or equip all or any portion of the Civic Field Improvements by reason of changed conditions, incompatible development, costs substantially in excess of the amount of bond proceeds or tax levies estimated to be available, or acquisition by a superior governmental authority, the City shall not be required to improve, renovate, acquire, or equip such portions. If all of the Civic Field Improvements have been constructed or acquired or duly provided for, or found to be impractical, the City may apply the Bond proceeds (including earnings thereon) or any portion thereof to other park and recreation capital purposes or to the redemption of the Bonds as the City Council, in its discretion, shall determine. In the event that the proceeds from the sale of the Bonds, plus any other money of the City legally available therefor, are insufficient to accomplish all of the Civic Field Improvements, the City shall use the available funds for paying the cost of those portions of the Civic Field Improvements deemed by the City Council most necessary and in the best interest of the City. Section 2. Authorization of Bonds. For the purpose of providing all or a part of the funds necessary to pay the costs of the Civic Field Improvements, together with incidental costs and costs related to the sale and issuance of the Bonds, the City shall issue and sell its general obligation bonds in the aggregate principal amount of not to exceed $4,000,000. The Bonds shall be issued in an amount not exceeding the amount approved by the electors of the City and not exceeding the amount permitted by the constitution and laws of the State of Washington. The balance, if any, of the cost of the Civic Field Improvements shall be paid out of any other legally available funds. The Bond proceeds (and earnings thereon) shall be used to pay the costs of the Civic Field Improvements, together with incidental costs and costs related to the sale and issuance of the Bonds, and shall not be used for the replacement of equipment or for a purpose other than a capital purpose. Section 3. Details of Bonds. The Bonds provided for in Section 2 hereof shall be issued in such amounts and at such time or times as deemed necessary and advisable by the City Council and as permitted by law. The Bonds may be issued in one or more series and shall bear interest payable at a rate or rates authorized by the City Council. The Bonds shall mature in such amounts and at such times within a maximum tenn of 21 years from date of issue of a series, all as authorized by the City Council and as provided by law. The Bonds shall be general obligations of the City and, unless paid from other sources, both principal of and interest on the Bonds shall be payable out of annual tax levies to be made upon all the taxable property within the City without limitation as to rate or amount and in excess of any constitutional or statutory 1 tax limitations. The exact date, form, terms, maturities, covenants and manner of sale of the Bonds shall be as hereafter fixed by ordinance or ordinances of the City Council. After voter approval of the Bond proposition and in anticipation of the issuance of such Bonds, the City may issue short-term obligations as authorized by chapter 39.50 RCW. Section 4. Bond Election. It is hereby found that the best interests of the inhabitants of the City require the submission to the qualified electors of the City of a proposition authorizing the City to issue Bonds for the purposes of funding the Civic Field Improvements, at an election to be held on August 7, 2012. The Clallam County Auditor, Elections Department, as ex officio supervisor of elections in Clallam County, Washington, is hereby requested to assume jurisdiction of and to call and conduct the election to be held within the City and to submit to the qualified electors of the City the proposition hereinafter set forth. Such election shall be conducted by mail. The City Clerk is hereby authorized and directed, prior to May 11, 2012, to certify the proposition to the Clallam County Auditor, Elections Department in substantially the following form: CITY OF PORT ANGELES PROPOSITION NO. GENERAL OBLIGATION CIVIC FIELD IMPROVEMENT BONDS The City Council of the City of Port Angeles adopted Ordinance No. concerning a bond proposition for Civic Field. This proposition authorizes the City to improve and renovate Civic Field, including replacing the grass field with synthetic turf, installing a lighting system, installing a boiler, and making other capital improvements, renovations and upgrades; to issue general obligation bonds in the aggregate principal amount not to exceed $4,000,000, maturing within a maximum of 21 years; and to levy property taxes annually in excess of regular property tax levies to repay such bonds. Should this proposition be: APPROVED? REJECTED? Certification of such proposition by the City Clerk to the Clallam County Auditor, Elections Department, in accordance with law, prior to the date of such election, and any other acts consistent with the authority, and prior to the effective date, of this ordinance, are hereby ratified. 3 Section 5. Effective Date. This ordinance shall take effect five days after its passage, approval and publication as required by law. PASSED by the City Council of the City of Port Angeles, Washington, at a regular meeting thereof held this 24th day of April, 2012. ATTEST: Janessa Hurd, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney Published: 4 CITY OF PORT ANGELES, WASHINGTON Cherie Kidd, Mayor Installing a new sports lighting system; Exhibit A Civic Field Improvements Replacing the existing grass field with synthetic turf reconstructing and improving the drainage system, and acquiring synthetic turf related equipment; Installing an electric boiler or LP gas boiler, and installing certain or all domestic water piping; Installing football stadium benches, improving and /or replacing handrails, and installing and /or improving football and baseball stadium wheelchair seating; Painting the interior and exterior of the facility, replacing corrugated fiberglass panels, and replacing fiberglass panels on the North End Wall; Improving and /or replacing the baseball backstop; Acquiring and installing portable mounds in the baseball bullpens; Improving and /or replacing existing dugouts to make handicapped accessible and for other purposes; Renovating or replacing existing press boxes; Installing a stadium PA System, cabling, speakers and amplifier; Replacing exterior and interior light fixtures; Upgrading and /or installing facility access and circulation system; Upgrading and improving locker rooms; Upgrading and improving restrooms; Upgrading and improving concession stands; Upgrading, improving and /or replacing the existing scoreboards and add a baseball -only panel; Constructing a storage building for materials and equipment; Improving and /or upgrading storm drainage facilities; Improving, re- striping, resurfacing and /or reconstructing the parking lots; Improving and installing perimeter landscaping and irrigation; Improving and /or installing fencing; and Making other capital improvements, acquisitions, renovations, and upgrades to and providing for other infrastructure needs at Civic Field. CERTIFICATE I, the undersigned, City Clerk of the City of Port Angeles, Washington, and keeper of the records of the City Council, DO HEREBY CERTIFY: 1. That the attached Ordinance is a true and correct copy of Ordinance No of the City (the "Ordinance as finally adopted at a regular meeting of the City Council held on April 24, 2012, and duly recorded in my office. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that quorum of the City Council was present throughout the meeting and a legally sufficient number of members of the City Council voted in the proper manner for the adoption of said Ordinance; that all other requirements and proceedings incident to the proper adoption or passage of said Ordinance have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. Dated this 24th day of April, 2012. Janessa Hurd, City Clerk CITY OF PORT ANGELES OFFICIAL BALLOT GENERAL OBLIGATION CIVIC FIELD IMPROVEMENT BONDS August 7, 2012 INSTRUCTION TO VOTERS: To vote in favor of the following proposition, place a cross (X) in the square opposite the word "APPROVED to vote against the following proposition, place a cross (X) in the square opposite the word "REJECTED CITY OF PORT ANGELES PROPOSITION NO. GENERAL OBLIGATION CIVIC FIELD IMPROVEMENT BONDS The City Council of the City of Port Angeles adopted Ordinance No, concerning a bond proposition for Civic Field. This proposition authorizes the City to improve and renovate Civic Field, including replacing the grass field with synthetic turf, installing a lighting system, installing a boiler, and making other capital improvements, renovations and upgrades; to issue general obligation bonds in the aggregate principal amount not to exceed $4,000,000, maturing within a maximum of 21 years; and to levy property taxes annually in excess of regular property tax levies to repay such bonds. Should this proposition be: APPROVED? REJECTED? April 24, 2012 City Council Work Session Utility Discount Ordinance Amendments? 0„oRTAN Larry Dunbar, Deputy Director of Power Systems Rick Hostetler, Customer Services Manager Phil Lusk, Power Resources Manager Agenda Summary of current ordinance Ordinance issues prior UAC guidance Maintain or amend the ordinance? Amendment guidance (if appropriate) Amendment process (if appropriate) Questions? 2 4/24/2012 1 Summary of Current Ordinance Established 1980 only for Electric Utility customer discounts Total of 340 low- income and senior, or low income and disabled Requires participation in conservation and average payment programs 4 4/24/2012 2 Summary of Current Ordinance Amended in 1992 for discount calculation 30% discount $0-7,999 20% discount $8,000-$11,500 10% discount $11,501-17,500 5% discount $17,501-521,000 No adjustments for household size or inflation Opportunities to simplify Utility Discounts Electric (Net State Taxes) Water Wastewater Solid Waste Collection Stormwater Medic I 'Totals Summary of 2011 Utility Discounts Discount $50,000 Rate Impacts 0.12% $0.12 28,000 0.70% 0.28 19,000 0.32% 0.13 9,000 0.27% 0.06 8,000 1.10% 0.07 3,000 0.20% 0.01 $116,000; 4/24/2012 3 Ordinance Issues 1. Should the ordinance be revised to account for changes in poverty levels since 1992 and allow adjustments for household size? 1.a. If yes to 1, should the ordinance use federal poverty guidelines, as they are adjusted from time to time? We may have 4,000 eligible customers! 2. Should the ordinance continue to have a requirement to be 62 years of age to qualify? 2.a. If yes to 2, should the ordinance continue to have a maximum allowable income of $30,000 for seniors per State law? Ordinance Issues Continued 3. Should the ordinance continue to have a requirement to be disabled to qualify? 3.a. If yes to 3, should the ordinance continue to have a maximum allowable income of 80% of median household income ($31,109 for 2011) for disabled citizens per State law? 4. Should the ordinance continue to have four different discount levels, ranging from 5% to 30 based on income? 4.a. If no to 4, should there only be one level? 8 4/24/2012 4 Ordinance Issues Continued 5. Should the discounts continue to apply to base charges and consumption charges? 5.a. If no to 5, should the discount only apply to the base charge? 5.b. If no to 5 and 5.a., should the discount only apply to the consumption charges? 6. Should participation in no -cost conservation programs be required? 7. Should participation in no -cost demand response programs be required? 9 Ordinance Issues Continued 8. Should participation in the average payment program be required? 9. Should the ordinance revert to the 1980 ordinance that only provided Electric Utility discounts, which provides State tax benefits? 9.a. If yes to 9, should the Electric Utility discount be set similar to the discount provided by all utilities (about $28.40 /month or a 0.17% increased rate impact)? 10 4/24/2012 5 Electric Utility State Tax Benefits Utility Discounts Electric Utility status quo Discounts only provided by Electric Utility ($33,000 savings) i If 4,000 Participants Discount Rate Impacts $50,000 0.12% $0.12 $116,000 (Status quo 0.29% $0.29 all utilities) 51,364,700 3.41% 53.41 11 Ordinance Issues Continued 10. If the result of the amended ordinance is increased customer enrollment, should the total annual subsidy increase proportionally? 10.a. If no to issue 10, should City Council establish a maximum funding level for utility discounts as part of its annual rate setting and budget process? 11. If the ordinance is amended, should it go into effect in 2013? 12 4/24/2012 6 Maintain or Amend the Ordinance? If guidance is to maintain the current ordinance without any amendments: Tonight's presentation is concluded If guidance is to amend the ordinance: Additional guidance is needed on 11 issues 13 Maintain or Amend the Ordinance? is it in the best interest of all utilities and ratepayers to consider amending the utility discount ordinance? No Maintain Current Ordinance Yes Amend Ordinance Support: Lacks Support: Support: Lacks Support: 4/24/2012 7 Ordinance Issues Guidance Ordinance Issues 1. Should the ordinance be revised to account for changes in poverty levels since 1992 and allow adjustments for household size? 1.a. If 1 receives support, should the ordinance use federal poverty guidelines, as they are adjusted from time to time? Support Lacks Support 15 Ordinance Issues Guidance Continued Ordinance Issues 2. Should the ordinance continue to have a requirement to be 62 years of age to qualify? 2.a. If 2 receives support, should the ordinance continue to have a maximum allowable income of $30,000 for seniors? Support Lacks Support 16 4/24/2012 8 Ordinance Issues Guidance Continued Ordinance Issues 3. Should the ordinance continue to have a requirement to be disabled to qualify? 3. If 3 receives support, should the ordinance continue to have a maximum allowable income of 80% of median household income ($31,109 for 2011) for disabled citizens? Support Lacks Support 17 Ordinance Issues Guidance Continued Ordinance Issues 4. Should the ordinance continue to have four different discount levels, ranging from 5% to 30 based on income? 4.a. If 4 lacks support, should there only be one level? Support Lacks Support 18 4/24/2012 9 Ordinance Issues Guidance Continued Ordinance Issues r 5. Should the discounts continue to apply to i base charges and consumption charges? 5.a. If 5 lacks support, should the discount only apply to the base charge? 5.b. If 5 and 5.a. lack support, should the discount only apply to the consumption (charges? Support Lacks Support 19 Ordinance Issues Guidance Continued Ordinance Issues 6. Should participation in no -cost conservation programs be required? 7. Should participation in no -cost demand response programs be required? 8. Should participation in the average payment program be required? Support Lacks Support 20 4/24/2012 10 Ordinance Issues Guidance Continued Ordinance Issues 9. Should the ordinance revert to the 1980 ordinance that only provided Electric Utility discounts, which provides State tax benefits? 9.a. If 9 receives support, should the Electric Utility discount be set similar to the discount provided by all utilities (about $28.40 /month or a 0.17% increased rate impact)? Support Lacks Support 21 Ordinance Issues Guidance Continued Ordinance Issues 10. If the result of the amended ordinance is increased customer enrollment, should the total annual subsidy increase proportionally? 10.a. If 10 receives support, should City Council establish a maximum funding level for utility discounts as part of its annual rate setting and budget process? Support Lacks Support 22 4/24/2012 11 Ordinance Issues Guidance Continued Ordinance Issues 11. If the ordinance is amended, should it go into effect in 2013? Support Lacks Support 23 Amendment Process (if applicable) 1. Staff prepares draft ordinance amendments 2. Utility Advisory Committee considers draft ordinance amendments 3. Proceed to City Council to set public hearing 4. Public hearing 5. Utility Advisory Committee recommendation 6. Continue public hearing adopt ordinance amendments 24 4/24/2012 12 Questions? 25 4/24/2012 13