HomeMy WebLinkAboutITEM II
t=-•. *
OF * *
COUNCIL OPERATIONS
COMMITTEE
)gWWASHINGTON
March 8, 2011
4:00 PM
ANNEX CONFERENCE ROOM 1
1 EAST MAIN STZND FL
MINUTES
1. CALL TO ORDER
Chair Rich Wagner called the meeting to order at 4:00 p.m. in Annex
Conference Room 1, located on the second floor of the Annex located at
1 East Main Street in Auburn.
Members in attendance included Chair Rich Wagner, Vice Chair Sue
Singer, and Member Nancy Backus. Also in attendance were
Councilmember Virginia Haugen, City Attomey Daniel B. Heid, and City
Clerk Danielle Daskam.
II. APPROVAL OF MINUTES
A. February15, 2011
Motion by Vice Chair Singer, second by Member Backus to
approve the February 15, 2011 minutes as distributed.
Motion carried unanimously. 3-0.
III. DOWNTOWN REDEVELOPMENT COMMITTEE MEMBERSHIP
Committee members discussed the membership on the Downtown Redevelopment Committee. Vice Chair Singer suggested that the
responsibilities of the Downtown Redevelopment Committee could be
accomplished by the Planning and. Communiiy Development Committee.
The remaining Committee members recommended retaining the current
committee structure including the Downtown Redevelopment Committee.
After further discussion, Vice Chair Singer moved and Member Backus
seconded to replace Sue Singer with Rich Wagner on the Downtown
Redevelopment Committee.
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Council Ouerations Committee' March 8, 2011
Motion camed unanimously. 3-0.
Committee members also reviewed the responsibilities of the Council
committees:
`Motion by Vice° Chair Singer, second by Member Backus to move the
responsibility for ` the Senior Center frorn the Municipal Services
Committee to the Planning and Community Development Committee, _
subject to agreemenf by the chair of the Planning and Community .
Development Committee.
Motion camed unanimously. 3-0.
IV. MAY 12T" CITY COUNCIL RETREAT PLANNING
Committee members reviewed _ potential. discussion,items for the Aubum
City. Council retreat tentatively planned for Thursday, May 12, 2011. :
The retreat theme will be transportation budget and Vision, near term and
20 :yeac term, with -several other topics discussed at intervals in order to
break up the intense transportation discussion.
Chair Wagner stated that the purpose of ineeting is. to identify the
information that staff is expected to bring to the retreat fo facilitate
subsfantive discussion of the bolded items below. ~
(1..1,1) Bonding capacity - Genera/ Obligation Bond for
Transportation
Member Backus suggested that staff inform the Council of the posfion of
the City, understanding the differencebefinreen bonding capacity versus
abilify to bond and pay for debt service. Chair Wagner suggested discussion of other fundingmechanisms
including: . .
• Street Mainfenance Utility ~ . ~
• 'Transportation Benefit District' • Reallocation of General Fund ~
• Grants-
(1.1.2) Financing-for the Save Our Streets (SOS)program
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Council_Oaerations Committee March 8. 2011
. (1.1.3) Improved route from Lea Hi!l .
(10179, Continued commitment to SOS Program) (13179, Pursue street bond (and other ways)to bring all arterials to at Ieast 70°~~ pavement
condition rating)
(51/79, Fund and build infrastructure w(ithin the Green Zone)
(1.2.1) Downtown Transportadon
(1.2.2) A/8 Corritlor (effecf on Aubun►:Avenue)
(3/79, Revitalize and redevelop Urban Center with extended areas)
(29/79, Improve and expand public parking opportunities)
(30/79, Continue efforts to make Aubum's Urban Center-more pedestrian friendiy)
(44/79, Complete "A/B° St. comdgr and deyelop adjacent areas)
(1.3.1) AMTRAK Sounder, Metro and Pierce Transit Member Backus suggested, including discussion of costs associated with
providing these services: '
(1.3.2) Transit 8 Trails
Committee members agreed to change Transit and Trails to Non- motorized Transportation:
(7/79, Continue advocacy for AMTRAK stop in Aubum
(25/79, Institute inner-city shuttle senrice
, (48/7, Build south end Yrail loop and horse trail)
(Not prioritized, Complete connections from Downtown to the lnterurban and White River
Trails)
(Not priorifized, Complete Green River trail ) .
(1.4.1) E/ectric Car Charging Stations
Comm'ittee members suggested deleting the electric car charging station
item. .
(1.5.1) Additional Transportation. goals cliscussed at the Council- = Vision 2030 Retreat October 2010 Cornmittee members agreed to revise the list of additional transportation
goals as follows:
. _ ,
(27/79, Encourage deve(opment.of neighborhood west of C St by extending sky bridge .
acxoss C St) Page 3
Council- Operations Committee March 8. 2011
(32179, Complete SR 164 improvements)
342
. . .
(43/79, De_velopment of_airport area, including runway extension, new commercial area,
and new entrances on °B° St and "D° St:)
_ , .
. LL O
t •
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(59R9, Complete "I" St corridor w(ith appropriate buffers)
~ Committee members discussed,, the value of including the goals from `the Council Vsion 2030 Retreat held in October 2010, p(ority ranked out of
79 goals. Committee members ezpressed concern that the rankings should not influence discussion at the retreat.
Gommittee members discussed incorporating the Tran§portation
Improvement Program items in the retreat discussion with some threshold
for items to be discussed. Chair Wagner will discuss this issue further
. • with Public Works Director powdy.
Committee members reviewed the "break" topics to `.be discussed,at the
retreat: (2.1.1) Economic Development ' (2.2. 1) Animal.$ervices (2.3.1) Community Center- Veteran's Village
(2.4.1) Diversity Committee members anticipate the break items will be approximately20-
30;minutes in length. - Vice Chair Singer explained that at the regional level, officials..are
_ developing criteria for prioritization, e.g. points ate eamed by how much
the project increases-number of jobs, decreases congestion, etc.
.
Chair Wagner suggested reviewing the Puget Sound. Regionat Council
and'King County rating- criteria and develop a sysfem for.use:during fhe
retreat
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Council Operations Committee March 8, 2011
V. ' COUNCILMEMBER . HAUGEN'S CONDUCT RELATIVE TO CITY
COUNCIL RULES OF PROCEDURE
(For clarification of these minutes, this item was discussed immediately
following ltem III of these minutes:) Chair Wagner referred to' the revised discussion : paper - regarding
Councilmember _Haugen's conduct relative to the: City Council Rules of
Procedure and dated, March 7, 2011 transmitted via agenda modification
transmitted on March 7, 2011: -
Committee. members agreed, that, according to the Councit Rules of
Procedure (RO), the Council Operations Committee's duties include:
The Council , Operations Committee shall also evaluate and
recommend to the whole. City Council any actions, responses or
sanctions for violations `by Councilmembers of these Rules of
Procedure, which recommendations shall be considered, voted
and/or acted upon 6y the City Council, in the normal course.
And,
In cases of alleged misconduct or Violations of. the City Council .
Rules of Procedures (ROP), the person suspected of the alleged .
misconduct or ' violation of the ROR shall be afforded the.
opportunity to respond, which opportunity shall be given, with.
advance notice,in an open meeting of the Council Operations
Committee (COC) prior to the COC making , any. recommendations regarding censure or.reprimand or other disciplinary action. _
Additionally; the Committee members noted thaf the Committee is not an
"ethics committee"'but rather it is a committee formed by the City Council
on February 2;'2004, in otder to conduct Ciiy'Council business in the most
efficient way possible, . Nor .do the Rules of 'Procedure address "ethical
behavior", they are simplyprocedural rules.
Chair Wagner, read aloud references to. the, ROP sections that may have
been.yiolafed by Councilmember Haugen:.
Section 2, Council Meetings: Reference to RCW A2.30 regarding confidential executive sessions. ' Page 5
Council Operations Committee - March-8. 2011
. Section 6.3, Gouncilmembers, Obligation to the Public Agency: '
Nofinrithstanding the right of Councilmembers : to express their,
independent opinions and exercise their freedom of speech,
Councilmembers should act in a way that reflects positively on the
reputation of the City and of the community. Councilmembers shall
also ihteract with other members of the City Council and -City staff
in ways that promote effective local Govemment. Section 6.4, Councilmembers: ,
Counciimember are expected to participate in training offered by
individuals, agencies; entities and organizations, including but not
limited to -the Association of Washington Cities and the State of
Washingfon, so as to afford the Councilmembers the opportunity to
better understand their roles as: City Councilmembers. :
Section 15.5, Council Relations With Staff:
. Councilmember shall not attempt to change or interFere with the
operating rules and practices of any City department.
Section 17:4, Council Representation and Internal Communication:
Councilmembers shall not knowingly: communicate with an.
opposing party oc with an opposing attomey in connecfion wdh any .
` pend.ing ;or threatened lifigation in which-the City'is a party or in
connection with any disputed claim involving the City without prior
approvaf of the Ciiy Attomey, unless the Councilmember is
. individually a party to Ahe litigation or is anvolved in the dispu#ed
daim separate from the Councilmember's role as-a City official: `
The Committee's revised discussion paper further provided: Primarily Councilmember Virginia Haugen's conduct relative to-the Rules _
of Procedure of the City Council may increase the risk of higher litigation
exposure and potential costs to the City for sucFi things as: (a) l.itigation costs that may arise ftom her public statements that .
proposed street designs may be unsafe even though they have
been designed by City engineers using nationally recognized
safety criteria
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Council Oaerations Committee March 8, 2011
Specific example of conduct: In 2010 Councilmember Haugen
communicated encouragingly with a citizen who had
compiained to the City that the 8th & `R' Street NE project
would reduce the safety of her travel, implying that a lawsuit
might be filed. .
Councilmember Haugen stated that she has no knowledge that
anyone is suing the City because she discussed a City street
project. She contended that she did not discuss "safety" issues
with regard to City projects, but stated concems with
inconvenience with the street plan for 8th and R Street NE.
Councilmember Haugen stated that she responded to an email
by a woman who she had not met before. Councilmember
Haugen responded that she had some of the same concems
expressed. Councilmember Haugen insisted that she did not
express concems regarding safety but only concems regarding
inconvenience.
Committee members expressed concern of a Councilmember
communicating with anyone who may be threatening a
potential lawsuit.
Committee members discussed the email described by
Councilmember Haugen. Councilmember Haugen requested a
copy of the email and her response, if available.
Committee members agreed that if reference to safety or
. litigation is included in the subject email, this item will be
supported. (f only the subject of inoonvenience is contained in
the email, the item will be omitted.
Vice Chair Singer expressed conoem with Councilmember
Haugen's contact with the Seattle Times regarding the Croskey
water Isak appeal. City Attomey Heid stated .that the City has .
entered into a settlement agreement with the property owner
and tenants and. litigation is unlikely at this time.
Chair Wagner stated that he was not witling to include the
Croskey water leak appeal and Councilmember Haugen's ,
conduct surrounding the Croskey water leak appeal as part of
the alleged acts of misconduct of the ROP. Page 7
Council Operations Committee Macch 8, 2011
(b) Diminished City, negotiating positian for the costs of contracts
' that carry,the potential for litigation
, :
Specific example of conduct: In 2010 Counciimembec Haugen
violated City : Council executive session ' privileged
communications with regard to waste collection contract
negotiations in ways_ tliat were likely to interfere with or have
potential.litigation implications.
In response, Councilmember Haugen. stated= that she . was
approached approximately six or seven months ago by
someone who works in the solid waste industry who expressed
concem that contracts'were` being negotiafed:~ ~She stated that
she learned 'of ongoing solid` waste "contract .:negotiations through the Municipal ' Services Committee in 2009; the
information she received-,'was not from executive session.
Councilmember Haugen stated that she has always believed
that the City of Aubum should put the solid waste contracts out
for bid. Councilmember. Haugen stated she was approached
by a representative of 'CleanScapes to whom she expressed' her belief that solid wasfe~contracts shouldbe put out to bid.
Councilmember Haugen stated she did not divulge executive
session prirrileged information.
Chair Wagner stated _that ' it. appears ` that ;Councilmember
Haugen may have inadvertently violated executive. session
privileged communications by having a conversation with a
representative of CleanScapes. Councitmember Haugen confirmed . that she sought out
information from the City of Kent regarding tlieir solid waste contract. The. C.ommittee agreed to keep the violation stated . above,
inserting the word "inadVertently" before .tlie wotd "violated" to
read: Specific example of conduct;. In 2010 Councilmember Haugen • inadvertentlv violated City Council executive session privileged ` communications with_ regard .to waste , collection confract
negotiations in ways: tliat 'we_re likely to interFere with or have
potential litigation implications: Page 8 '
Council Oaerations Committee IVlarch 8, 2011 (c) Diminished City negotiating position foc real estate acquisitions
Specific example of conduct , Councilmernber Haugen
communicated with a property owner at Harvey & 8th Street NE
about City acquisition . of right-of-way for south ' bound right hand tutn lane from 8th Street to Harvey Road.
Also, in 2010; Councilmember Haugen violated City Couneif
executive session privileged communication with regard to real
estate. acquisition of the Marvel building by speaking with a
newspaper reporter about City plans.
Councilmember Haugen confirmed that she spoke, to a
property`owner who said that he was going fo lose six parking
spaces due to the 8t' Street NE project.
Vice Chair Singer stated that the potential violation of conduct ;
relating to the Marvel building hinges on whether the Council
voted on the purchase of the property the same night as the executive - session relating to the pucchase: The Comrriittee: •
asked the City Attorney and City Clerk to investigate whether
an executive session regarding the purchase of the Marvel '
building occurred the same. evening as approval of the
purchase:' - There was discussion regarding the partywall agreement
related to the demolition of the Marvel building at 2 West Main
Street.
Chair Wagner asked that the. ;City . Attomey and City Clerk
investigate ' the sequence, of : executive sessions and #he
approval of the partywall agreement.
-(d) Diminished City-bargaining position for labor contracts _
Specific example of conduct: ln 2010,. according to Mayor Pete
Lewis; Councilmember Haugen spoke with various City labor
. .
. . union-representatives regarding" wage.and.benefit negotiations,
in°violation- of the Rules of Procedure: and the City's labor
- negotiation ° process, undermining the City's negotiation
position.
. Page 9
Council Operations Committee - March 8, 2011
Councilmember Haugen stated' that she has a son-in-law that
works for the City's' Maintenance and Operation Division. She
stated that she has told her son-in=law to take his complainfs to
. City Hall. Additionally, she spoke .to -,a - Water. Division
employee at a local restaurant where she told the; employee to
take his complaints to a City Council meeting or write a letter to
the newspaper. Councilm.ember Haugen stated that she had
another encounter with finro maintenance workers in the
parking lot of the Main Street Market, where she sympathized
with their concems, but encouraged them to take a public
stance. Committee members coached Councilmember Haugen that
. she. should not speak with the City's union employees in any
way that would imply support for their:position.
Councilmember Haugen indicated there were emails between
herself and Mayor Lewis regarding Councilmember Haugen's
_ communications with union members.
Councilmember Haugen stated that, she was approached by
four different union members regarding the City's refusal to
bargain in good faith with the union. .
- Committee members agreed to modify the example of conduct
as follows: ~
- Specfic example of conduct: :In 201 0, according to Mayor Pete
Lewis, Councitmember Haugen spoke with vansds--some Ciiy
labor union FepFesentatives-imembers who approached hec'
regarding. wage and : benefit negotiations., in violation of the
Rules of ` Procedure and the City's labor: negotiation process, undermining the City's negotiation position: This mav have
been inadvertent.
(e) InterFering with developers' project plans
Specifia examples of conduct: Councilmember Haugen
testified without' City authorization at a Marcti 3, 2010 City of
Kent Hearing Examiner hearing on the Verdana development,
where the City of Auburn was involved in a lawsuit with the
developers,. saying, according to the Kent Reporter newspaper:
`This development will have a significant impact
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Council Operations Committee March 8, 2011
environmentally," potentially weakening the City's position in
the lawsuit.
Also, in 2010, according to Jeff Tate, City Development
Services Manager, he received a call from Satpal Sohal, who
has applied for permits to build a hotel in Aubum. Sohal said
that he had received calls from several local hotel operators
who told him that Councilmember Haugen had called them to
encourage them to oppose his project.
Councilmember Haugen stated that when she spoke before
the City of Kent Hearing Examiner, she identified herself as a
concemed citizen only. She also stated that she indicated at
the Kent Hearing Examiner hearing that she stated she was a
City Councilmember but was before the hearing examiner as a
citizen only.
Chair Wagner asked the City Attomey and City Clerk to
research the executive sessions held that may have related to
the Verdana/Kent 160 suit so that the Committee may
determine if Councilmember Haugen's testimony occurred
before or after discussion in executive session.
Chair Wagner directed the Committee's attention to the second
example . of Councilmember Haugen's conduct related to
developer's project plans. Councilmember Haugen stated that .
she spoke with one motel owner last fall about concems for
hoteVmotel profits should another motel open in Auburn.
Councilmember Haugen understood that the permitting
process was already underway. Councilmember Haugen could
not recall if she encouraged opposition to the project.
After further discussion, the Committee agreed that the second
example of interference with developers' projects should be
changed to read as follows:
Also, in 2010, according to Jeff Tate, City Development
Services Manager, he received a call from Satpal Sohal, who
has applied for permits to build a hotel in Auburn. Sohal said
that he had received calls from several local hotel operators
who told him that Councilmember Haugen had called one of
them to encourage them to oppose his project.
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Council Operations Committee March 8. 2011
The following actions of Councilmember Haugen were also
discussed:
Specific exampie of conduct: Councilmember Haugen sends many
emails to Mayor Lewis accusing and implying that the Mayor was
involved in illegal collusion with private developers, where there
appears to be no basis for such accusations of implications.
Councilmember Haugen stated when she received emails from
Mayor Lewis that are offensive to her, she responds.
Councilmember Haugen urged the Committee to provide emails
proving her conduet.
Chair Wagner requested that Mayor Lewis and other Committee
members forward any applicable emails to the City Clerk for
inclusion in the next Committee agenda packet.
Specific example of conduct: Councilmember Haugen has largely
ignored mentoring by Deputy Mayor Singer with regard to
improving her Councilmember skills fihrough training opportunities.
Deputy Mayor Singer produced a copy of a note written by
Councilmember Haugen reading: "Did not agree to become a
trained Councilmember." Councilmember Haugen concurred and read further: "Did not
agree to become a trained Councilmember and chose not be
completely silenced by our Rules of Prooedure, Section 16.1.G.
Councilmember Haugen stated that she uses the Councilmember
Handbook published by the Association of Washington Cities.
Vice Chair Singer agreed to re-write the example prior to the next
Committee meeting.
Chair Wagner set the next meeting of the Council Operations
Committee for March 29, 2011 at 3:30 p.m. The agenda. packet will
be published one week before the meeting.
~
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Council Operations Committee March 8,_2011 .
VI. ADJOURNMENT
There being no further business, the meeting adjourned at 6:18 p.m.
APPROVED THE DAY OF- , 2011.
Rich Wagner, Chair Danielle Daskam, City Clerk .
l .
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