CITY COUNCIL MEETING MINUTES

Transcription

1 CITY COUNCIL MEETING MINUTES Vancouver City Hall Council Chambers 415 W. 6 th Street PO Box 1995 Vancouver, Washington Timothy D. Leavitt, Mayor Jack Burkman Bart Hansen Bill Turlay Anne McEnerny-Ogle Alishia Topper Ty Stober WORKSHOPS (City Council Chambers) Councilmember Turlay was absent. 4:30 5:30 p.m. VANCOUVER FIRE STANDARD OF COVER REPORT Council met with Vancouver Fire Chief Joe Molina. Chief Molina provided Council with a report on the 2016 response times for the Vancouver Fire Department in accordance with the department s Standard of Cover. (Joe Molina, ) 5:30 6:00 p.m. EXECUTIVE SESSION RE: REAL ESTATE TRANSACTION COUNCIL DINNER/ADMINISTRATIVE UPDATES 6:00 6:30 p.m. COUNCIL CONSENT MEETING (City Council Chambers) PLEDGE OF ALLEGIANCE CALL TO ORDER AND ROLL CALL The consent meeting of the Vancouver City Council was called to order at 6:30 p.m. by Mayor Timothy Leavitt in the Council Chambers of City Hall, 415 W. 6th Street, Vancouver, Washington. Present: Absent: Councilmembers Stober, Topper, McEnerny Ogle, Hansen, Burkman, Mayor Leavitt Councilmember Turlay (arrived at 6:46 p.m.) Motion by Councilmember McEnerny Ogle, seconded by Councilmember Hansen, and carried unanimously to excuse Councilmember Turlay. PROCLAMATION: ELKS YOUTH WEEK Mayor Leavitt read and presented a proclamation to Doug Rhay, Exalted Ruler of Elks Lodge #823, proclaiming May 8 12, 2017, as Elks Youth Week.

2 Page 2 of 7 CITIZEN COMMUNICATION (ITEMS 1 8) Mayor Leavitt opened Citizen Communication and, receiving no testimony, closed Citizen Communication. CONSENT AGENDA (ITEMS 1 8) Council requested Item 4 be pulled from the Consent Agenda for separate consideration. Motion by Councilmember Burkman, seconded by Councilmember Stober, and carried unanimously to approve the Consent Agenda. 1. AMENDMENT TO JOB ORDER CONTRACTING (JOC) SERVICES FOR GENERAL CONSTRUCTION CONTRACTS TO INCREASE CONTRACT AMOUNT (Staff Report ) An RFP for Job Order Contracting Services was issued on March 21, 2016, and closed on April 20, 2016, with the intent to award two (2) contracts in support of a Job Order Contracting program at the City. Council approved the contracts for award on June 20, Contracts were awarded to Halbert Construction Services, LLC and Centennial Contractors Enterprises, Inc, as these were the two highest scored proposers. The contracts were executed for $3,000,000 each. These JOC contracts have been overwhelmingly successful, as they have been heavily used for many small public works projects. Therefore, an amendment to add more money to these contracts is needed to continue services. The project managers have found JOC to be convenient and useful for a wide variety of projects. Washington State adopted the JOC program in 2003 per RCW This program is valid through July 1, Per RCW, some of the main elements of the JOC program are: Two JOC contracts in place at any one time Contract can be for 2 years with a one year extension $4 million maximum per contract per year Job orders cannot exceed $350,000 perproject JOC contractor must sub out 90% of the work JOC contractor is required to outreach and submit a plan to utilize Minority and Women Owned Business Enterprises. JOC is an indefinite delivery, indefinite quantity program in which the cost of a project is based on a fixed price per item and the adjustment factor submitted by the contractor for the contract term. The JOC program has saved the City time and money through value engineering when needed and saved time as the competitive procurement requirements have already been satisfied with the RFP process. Since execution of the City s JOC contracts, approximately 80 projects have utilized the JOC program, including parks lighting, facility upgrades, pedestrian sign replacement, and sewer repairs. The average

3 Page 3 of 7 cost of a JOC job is $75,000 with an average time savings of 30%. Staff is requesting an amendment to continue to use this successful and time savings program for small public works projects. Motion authorized the City Manager or his designee to increase the contract amount for each JOC contract from $3,000,000 to $4,000,000 per year as allowed by RCW (Kevin Yin, Procurement Manager, ) 2. PURCHASE OF REPLACEMENT FUEL MANAGEMENT SYSTEM (Staff Report ) The current fuel management system requires manual data entry for vehicle odometer readings and requires a fuel key fob to access. Due to both the antiquated system and the high key punch error rate, Fleet services has needed to bypass the odometer reading control point to ensure availability of fuel for our customers. The resulting lack of reliable data erodes the effectiveness of the City s preventative maintenance programs that are driven off of the miles or hours of use. Over time, this impacted the efficiency and longevity of the City fleet. Workarounds and offline labor intensive effort is required to accurately calculate total cost of ownership, fuel efficiency and other key metrics. The fuel management system will be purchased from E. J. Ward of San Antonio, Texas, through their competitively bid contract with GSA, Contract # GS 35F 0141Y. The contract period is from January 11, 2017, through January 10, Motion authorized purchase of a replacement Fuel Management System from EJ Ward of San Antonio, Texas, through GSA Contract #35F 041Y in the amount of $494,650. (Barbara Basnett, Equipment Services Superintendent, ) COLLECTIVE BARGAINING AGREEMENT WITH THE JOINT LABOR COALITION (Staff Report ) The labor agreement between the City and the Joint Labor Coalition bargaining unit expired on December 31, The parties were able to work through a collaborative process and consensual decision making on many of the provisions for a new two year agreement. The labor agreement is being brought to Council for approval. Key Points: 2% salary schedule adjustment for covered classifications, effective January 1, % salary schedule adjustment for covered classifications, effective January 1, City contributions will increase up to 5% of any increasing health care premium in 2017 and Eliminate six month waiting period to begin using PTO; available as it accrues in their bank. Motion authorized the City Manager or his designee to sign the Collective Bargaining Agreement with Joint Labor Coalition. (Suzi Schwabe, Human Resources Director, )

4 Page 4 of 7 4. GRANT OF LEGAL DEFENSE PURSUANT TO CHAPTER 2.46 VMC TO MAYOR TIMOTHY LEAVITT OF FEDERAL LAWSUIT FILED BY Q NIGHTCLUB & LOUNGE, ADRIAN KALLIMANIS, AND JOSE PARRA (Staff Report ) Mayor Leavitt recused himself from the meeting at 6:37 p.m. Mayor Pro Tem McEnerny Ogle presided. Washington law requires public entities to provide a defense of an action or proceeding for damages at the expense of the local governmental entity whenever (1) a lawsuit for damages is filed against any present officer of a local governmental entity (2) the official requests a defense, and (3) the city finds that the acts or omissions of the officer were, or in good faith purported to be within the scope of his or her official duties (RCW ). Vancouver s municipal code generally vests this determination in the city manager, but whenever the official sued is a member of the City Council, the determination is made by the full Council without the vote of such member or members of the city council (VMC (3)). In addition to Police Chief James McElvain and Fire Chief Joe Molina, Mayor Leavitt has been named as a defendant in a lawsuit recently filed in federal court by the Q Nightclub and its owners. The lawsuit fails to identify anything specific that Mayor Leavitt did that the plaintiffs claim was unlawful, and a review of the allegations by the City Attorney s Office suggests the lawsuit has no merit. Nevertheless, because Mayor Leavitt is identified individually, the City cannot provide him with a defense prior to Council approval. Motion by Councilmember Stober, seconded by Councilmember Burkman, and carried unanimously to grant the request filed by Mayor Leavitt to provide a legal defense at the City s expense of the Q Nightclub & Lounge, et al. v. City of Vancouver, et al. lawsuit pending in federal court. (Bronson Potter, City Attorney, ) Mayor Leavitt returned to the meeting at 6:38 p.m. 5. AMENDMENTS TO VMC TITLE 17 TO ADOPT THE CURRENT EDITION OF THE NATIONAL ELECTRICAL CODE (Staff Report ) Mayor Leavitt read the title of the ordinance into the record. AN ORDINANCE relating to adopting the most current version of the National Electrical Code, amending VMC to adopt the 2017 National Electrical Code as amended, clarifying the purpose of the code, and general administrative clean up; providing for savings, severability and an effective date. The ordinance proposes the following code amendment to Title 17: Adoption of the 2017 edition of National Electrical Code (NEC) as adopted by the State of Washington. Motion approved ordinance on first reading, setting date of second reading and public hearing for Monday, May 15, (Sree Thirunagari, Building Official, )

5 Page 5 of 7 6. IMPOSITION OF LOCAL SALES AND USE TAX TO BE CREDITED AGAINST THE STATE SALES AND USE TAX (Staff Report ) Mayor Leavitt read the title of the ordinance into the record. AN ORDINANCE of the City of Vancouver, Washington, imposing the local Sales and Use tax to be credited against the State Sales and Use Tax for purposes of utilizing Local Infrastructure Financing Tool program under Chapters and of the Revised Code of Washington; and setting an effective date. A Vancouver library was constructed in the Riverwest Revenue Development Area, but private development has been delayed due to the economic slowdown. The City is currently negotiating an update to the original Development Agreement for the private portion of the development. The favorable economic conditions have improved the feasibility of the private portion of the project. The City is planning to utilize the state LIFT funding of $500,000 annually to support the debt service for approximately $7 8 million for the project. The State funding required a 50% local match. The City has participating agreements with the Port of Vancouver, Fort Vancouver Library District and Clark County as participating agencies that pledged their portion of the property and local excise revenues to supporting this project. To support the local match requirement the City anticipates borrowing an additional $7 8 million for the Riverwest project. The debt service on the City bonds will consist of revenue generated from the construction of the public and private development on site augmented by greater sales tax collections than has been anticipated in the forecast. The City has to impose the local Sales and Use tax to be credited against the state Sales and Use tax in order to receive the state award. The rate sufficient to generate an annual amount of $500,000 per year is % percent of the selling price. The Council adopted a Resolution M 3694 ( ), selecting the sales tax rate to generate the $500,000 per year annually. The ordinance setting the tax rate and addressing the compliance requirements outlined in the Local Infrastructure Financing Tool state law, (chapters RCW , 82.14) is attached. There is no increase in the overall tax rate. This program allows for a portion of the State s sales tax revenue to be used on a local level, specifically for the approved project. The parking structure funded through these LIFT resources is expected to have between 370 and 425 spaces. Separate ordinances will be brought forward to Council for the bond issuance and related budget appropriation. Motion approved ordinance on first reading, setting date of second reading and public hearing for Monday, May 15, (Natasha Ramras, Deputy Budget Director, ) 7. RELEASE OF COVENANT AND ADOPTION OF DEVELOPMENT AGREEMENT WITH THUNDERBIRD INVESTMENTS, LLC (Staff Report ) Mayor Leavitt read the title of the ordinance into the record.

6 Page 6 of 7 AN ORDINANCE relating to planning and zoning; approving release of a recorded covenant related to a prior rezone of property in the City of Vancouver at 4601 East 18th Street; approving a development agreement, and establishing an effective date. In 1970, a covenant running with the land was recorded as part of a zone change of the subject site from AR to RD. The site is located at 4601 East 18 th Street. The covenant restricts the property to a maximum of 182 dwelling units, which is below the 210 units that the current R 18 zoning allows. The current owners wish to construct up to a maximum of 18 units on the property in addition to the existing 180 units, for a total of 198 units. A development agreement is proposed to mitigate impacts of the future development. City staff met with the applicant and Island Park Condominium Association representatives on April 24, Substantial agreement was reached on changes to building design and privacy screening as well as on the construction of privacy and vegetation screening. Thunderbird agreed to an 8 foot wall, but that will require a variance issued by City staff with an appeal to the Hearing Examiner. The development agreement provides that no building permit shall be issued unless the variance has been obtained to ensure that the mitigation will take place. Motion approved ordinance on first reading, setting date of second reading and public hearing for Monday, May 15, (Andrew Reule, Senior Planner, ) 8. APPROVAL OF CLAIM VOUCHERS Motion approved claim vouchers for, in the amount of $8,285, CITIZEN FORUM Mayor Leavitt opened the Citizen Forum and received the following testimony: Craig Klunas, Vancouver, expressed concerns that a portion of the tax on his Vancouver water utility is being dedicated to resourcing the Vancouver Police Department (VPD) when he is not a resident of Vancouver and does not utilize the services of VPD or have the ability to vote for representation on the City Council. Mary Elkin, Vancouver, expressed concerns that the program supporting Fire Corps volunteers to providing fire education to school age children was ended. Dan Serres, representing Columbia Riverkeeper, urged the City to comment on the omissions in the draft air permit for the proposed Vancouver Energy oil terminal at the Port of Vancouver. Bob Low, Vancouver, urged the City to comment on the omissions in the draft air permit for the proposed Vancouver Energy oil terminal at the Port of Vancouver.

7 Page 7 of 7 Don Steinke, Vancouver, urged the City to comment on the omissions in the draft air permit for the proposed Vancouver Energy oil terminal at the Port of Vancouver. There being no further testimony, Mayor Leavitt closed the Citizen Forum. ADJOURNMENT 7:04 P.M. Timothy D. Leavitt, Mayor Attest: R. Lloyd Tyler, City Clerk By: Carrie Lewellen, Deputy City Clerk Meetings of the Vancouver City Council are electronically recorded on audio and videotapes. The audio tapes are kept on file in the office of the City Clerk for a period of six years.. To request other formats, please contact: City Manager s Office (360) WA Relay: 711 Amanda.Delapena@cityofvancouver.us