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HomeMy WebLinkAbout03-08-2011 ~ C1TY OF COUNCIL OPERATIONS COMIVIITTEE ~ WAS H I NGTON March 8, 2011 4:00 PAA ANNEX CONFERENCE ROOM 1 1 EASY N9AIN ST, 2ND 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. February.15, 2011 Motion by Vice Chair Singer, second by Member Backus to approve the February 15, 2011 minutes as distributed. Motion carried unanimously. 3-0. I11. DOWNTOWN REDE1/ELOPWIENT COMMITTEE MENiBERSHIP 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 Community Developmenf Committee. The remaining Committee members recommended retaining the current committee strucfure 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. Page 1 Council Oaerations Committee March 8, 2011 Motion carried 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 from the Municipal Services Committee to the Planning and Community Development Committee, subject to agreement by the chair of the Planning and Community Development Committee. Motion carried unanimously. 3-0. N. MAY 12T".CITY COUPICIL 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 year term, with several other topics discussed at intervals in order to break up the intense transportation discussion. Chair Wagner stated that the purpose of. meeting is to identify the information that staff is expected to bring to the retreat to facilitate substantive discussion of the bolded items below. (1.1.1) Bonding capacity - Genera/ Obtigation Bond for Transportation : Member Backus suggested that staff inform the Council of the position of the City, understanding the difference between bonding capacity versus ability #o bond and pay for debt service. Chair Wagner suggested discussion of other funding mechanisms including: • Street Maintenance Utility • Transportation Benefit District • Reallocation ofi General Fund • Grants (1.1.2) Financing for the Save Our Streets (SOS) program Page 2 Council OQerations Committee MarcH 8, 2011 (1.1.3) Improved route from Lea Hill 0 0/79, Continued commitment to SOS Program) (13/79, Pursue street bond (and other ways)to bring all arterials to at least 70% pavement condition rating). (51/79; Fund and build infrastructure within the Green Zone) (1.2.1) Downtown Transportation (1.2.2) A/B Corridor (effect on Auburn Avenue) (3/79, Revitalize and redevelop Urban Center with extended areas) (29179, Improve and expand public patking opportunities) (30R9, Continue efforts to make Aubum's Urban Center more pedestrian friendly) (44179, Complete "A/B" St. corridor and develop 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 & Trails Committee members agreed to change Transit and Trails to Non- motorized Transportation. - (7/79, Continue advocaey for AMTRAK stop in Aubum (25/79, Institute inner-city shuttle service (48/7, Build south end trail loop and horse trail) (Not prioritized, (iomplete connections from Downtown to the Interurban and White River Trails) (Not prioritized, Complete Green River trail ) (1.4.1) E/ectric Car Charging Stations Committee members suggested deleting the electric car charging station ifem. (1.5.1) Additiona/ Transportation goa/s discussed at the Council Vision 2030 Retreat October 2010 Committee members agreed to revise #he list of additional transportation goals as follows: _ _ , (27179, Encourage development of neighborhood west`of GSt by extending sky bridge across C St.) Page 3 Council Operations Committee March 8, 2011 (32/79, Complete SR 164 improvements) „ . (43179, Development of airport area, including runway extension, new commercial area, and new entrances on "B" St. and "D° St.) , - . « „ _ . , . - (59/Z9, Complete "I" St. corridor with appropriate buffers) Committee members discussed the vatue of including the goals from the Council Vision 2030 Refreat. held in October 2010, priority ranked out of 79 goals. Committee members expressed concern that the rankings should not influence discussion at the retreat. Committee members discussed incorporating the Transportation 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 Deve/opment (2.2 1) Anima/ Services (2.3.1) Community Center- Veteran's Village (2.4.1) Diversity Committee members anticipate the break items will be approximately 20- 30 minutes in length. Vice Chair Singer explained that at the regional level;~ officials are developing criteria for prioritization, e.g. points are eamed by how much the project increases number ofi jobs, decreases congestion, etc. Chair Wagner suggested reviewing the Puget Sound -Regio_nal Council and King County rating criteria and develop a system for use during the retreat. Page 4 CounciB Oaerations Committee IlAarch 8, 2011 V. COUNCILMEMBER HAUGEN'S CONDUCT RELATIVE TO CITY COUNCIL RULES OF PROCEDURE (For clarifcation of these minutes, this item was discussed immediately following Item 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 Council Rules of . Procedure (RO), the Council Operations Committee's duties include: The Council Operations Comm'ittee 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 bythe City Council in the normal course. And, In cases of alleged mis.conduct or violations of the City Council Rules of Procedures (ROP), the person suspected of the alleged misconduct or .violation of the ROP shall be afforded the opportuniiy to respond, which opportunity shall be given, with advance notice; in an open meefing of the Council Operations Committee (COC) prior to the COC making any recommendations regarding censure ot reprimand or other disciplinary action. Additionally, the Committee members noted that1he Committee is not an °ethics committee" but rather it is a committee formed by the City Council on February 2, 2004 in order to conduct City Council business in the most efficient way possible. Nor do the Rules of Procedure address "ethical behavior", they are simply procedural rules. Chair Wagner read aloud teferences to the ROP sections that may have been violated by Councilmember Haugen: Section 2, Council Meetings: Reference to RCW 42.30 regarding confidential executive sessions. Page 5 Council OQerations Committee March 8, 2011 Section 6.3, Councilmembers, Obligation to the.PubiicAgency: Notwithstanding 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 interact with other members of the City Council and City staff in ways that promote effective local Govemment. Section 6.4, Councilmembers: Councilmember 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 Washington, 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 Repre"sentation and Internal Communication: Councilmembers shall not knowingly communicate with an opposing party or with an opposing attomey in connection with any _ pending or threatened litigation in which the City is a party or in connection with any disputed claim involving the City without prior approval of the City Attorney, unless the Councilmember is individually a party to the litigation or is involved in the disputed claim 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 such things as: (a) Litigation costs that may arise fcom her public statements that proposed street designs may be unsafe even though they have been designed by City engineers using nationally recognized safety criteria Page 6 Council Operations Committee March 8, 2011 Specific example of conduct: In 201.0 Councilmember Haugen communicated encouragingly with a citizen who had complained. 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 8"' 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 concerns expressed. Councilmember Haugen insisted that she did not express concems regarding safety but only concerns 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. If only the subjecf of inconvenience is contained in the email, the ifem will be omitted. Vice: Chair Singer expressed concem with Councilmember Haugen's contact with the Seattle Times regarding the Croskey water leak 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 willing to include the Croskey water leak appeal and Councilmember Haugen's conduct surtounding the Croskey water leak appeal as part of the alleged acts of misconduct of the ROP. Page 7 Council Ooerations Committee March 8, 2011 (b) Diminished City negotiating position for the costs of contracts that carry the potential for litigation Specifc example of conduct: In 2010 Councilmember Haugen violated City Council executive session privileged communications with regard to waste collection contract negotiations in ways that 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 negotiated. She stated that she leamed 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 hec belief that solid waste contracts should be put out to bid. Councilmember Haugen stated she did not divulge executive session privileged 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. Councilmember Haugen confirmed that she sought out information from the City of Kent regarding their solid waste contract. The Committee agreed to keep the violation stated above, inserting the word "inadvertently" befote the word "violated" to read: Specific example of conduct: In 2010 Councilmember Haugen inadvertentlv violated City Council ezecutive session privileged communications with regard to waste collection contract negotiations in ways that were likely to interFere with or have . potential litigation implications. - Page 8 Council Oaerations Committee March 8, 2011 . (c) Diminished City negotiating position for real estate acquisitions Specific. example of conduct: Councilmember Haugen communicated with a property owner at Harvey & 8th Street NE , about City acquisition of right-of-way for south bound right hand turn lane from 8th Street to Harvey Road. Also, in 2010, Councilmember Haugen violafed City Council executive session privileged communication with regard to real estate aoquisition 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 to lose six parking spaces due to the 8th 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 purchase. The Committee 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 Attorney and City Clerk investigate the sequence of executive sessions and the approval of the partywall agreement. (d) Diminished City bargaining position for labor contracts Specific example of conduct; In 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 ofi Procedure and the City's. labor . negotiation process, undermining the City's negotiation - position. Page 9 Council Oaerations 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 complaints 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. Councilmember 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 concerns; 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 theic 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 Specific example of conduct: In 2010, according to Mayor. Pete Lewis, Councilmember Haugen spoke with vaAeds-some City labor union fepi:es°^*atiuei members who approached her 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 may have been inadveitent. (e) InterFering with developers' project: plans Specific examples of conduct: Councilmember Haugen testified without Ciiy authorization at a March 3, 2010 City of Kent Hearing Examiner hearing on the. Verdana development, where the City of Aubum was involved in a lawsuit with the developers, saying, according to the Kent Reporter newspaper: "This development will have a signifcant impact Page 10 Council Operations Committee March 8, 2011 environmentallypotentially 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 severat 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 concerned citizen only. She also stated that she indicated at tlie Kent Hearing Examiner hearing that she stafed she was a City Councilmember but was before the hearing examiner as a citizen only. Chair Wagner asked the City Attorney and Ciiy 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 hotel/motel profits should another motel open in Auburn. Councilmember Haugen understood that the permitting process wav 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 Aubum. 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. Page 11 Council Oaerations Committee March 8, 2011 The following actions of Councilmember Haugen were also discussed: Specific example 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 . pcoving her conduct. 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 through 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 Procedure, 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. Page 12 Council Oaerations CoMmittee Nlarch 8, 2011 VI. ADJOURNMENT _ _ There being no further business, the meeting adjourned at 6:18 p.m. 47 APPROVED THE DAY OF 2011. e Rich Wagner, Ch r Danielle Daskam, City Clerk Page 13 .