PORT ANGELES — Port Angeles City Council members Jim Moran and Cherie Kidd left a joint meeting with the city Planning Commission in protest last week, objecting to what they said was an appearance of improper influence on the independent advisory panel.
Moran and Kidd recused themselves less than halfway through a two-hour discussion on possible amendments to the city’s comprehensive plan.
Prior to the Wednesday meeting, City Attorney Bill Bloor told the council in an email that the joint gathering was permissible.
Moran left the meeting at the 45-minute mark after a presentation on comprehensive plans.
Kidd made her exit three minutes later.
“Whereas it appears that there’s no law against a joint meeting, I feel that by doing so we are giving the appearance of trying to control the thinking and actions [of the Planning Commission] and thus infringing on the independence of this research body that makes recommendations to the City Council,” Moran said before his recusal.
“I feel that this is an inappropriate way of sharing communications. I don’t even think it’s ethical, in my opinion.”
Kidd quoted from the Municipal Research and Services Center, state law and Bothell City Council protocol to make her case against the joint meeting.
“I’m just concerned that our meeting tonight could have a public perception of undue influence on an independent sub-committee, especially when according to our agenda and public statements have been made that a few changes are expected to come out this meeting,” Kidd said.
The last item on the agenda was: “Action and direction.”
No formal action was taken by the City Council or Planning Commission.
“I would like to clarify that we are not trying to control, we are trying to inform,” Mayor Sissi Bruch said after Moran’s recusal. “And I think that’s a very clear distinction.”
Much of the discussion centered to the roles and responsibilities of the City Council and Planning Commission.
The volunteer Planning Commission serves as the City Council’s hearing body and forwards recommendations on land-use matters, including comprehensive plan amendments and updates.
A comprehensive plan is a key planning document designed to implement a community vision through policies and regulations.
The 1990 state Growth Management Act requires cities and counties to adopt comprehensive plans and to update them every eight years.
Port Angeles last updated its comprehensive plan in 2016.
The City Council, which includes four first-year members, decided this year to add a comprehensive plan amendment to the city’s annual work plan.
Staff proposed an amendment, which the Planning Commission voted to recommend May 23.
The Council voted 4-3 on June 5 to remand the amendment to the Planning Commission for a substantive review that meets a June 2019 deadline.
A week later, the Planning Commission voted unanimously to refer the council to its previous recommendation.
Kidd and Moran recused themselves from the meeting after a presentation by Washington Cities Insurance Authority attorney Jeff Myers.
“I absolutely appreciate that we can come together for a training session,” Kidd said after Myers’ presentation.
“I think that is most appropriate and valuable for all of us. But I must recuse myself at this point. Thank you and good evening.”
City Manager Nathan West said he, Bloor and Myers reviewed the agenda to ensure that the joint meeting was legal, appropriate and ethical.
“We are very comfortable with the agenda as is moving forward,” West told the remaining council members and Planning Commission.
“I think it’s appropriate, and it would be consistent with what we’re seeing many other jurisdictions do across Washington state. I think that’s important to share.”
Moran had obtained a Municipal Research and Services Center opinion that said joint meetings between city councils and planning commissions should be avoided, particularly if the topic is quasi-judicial.
In his memo to the council, Bloor said the joint meeting was permissible because it was legislative and not quasi-judicial.
“In summary, while I do agree with the MRSC consultant that joint meetings of the City Council and the Planning Commission should be undertaken only in limited circumstances; in this particular instance, it is my opinion that the meeting of the City Council and Planning Commission is an valid method for addressing the subject matter on the agenda for this special meeting,” Bloor wrote in a Tuesday email to the council.
During his presentation, Myers said communication between the Planning Commission and Council is “critical.”
“I am a firm believer of ‘It doesn’t look right, don’t do it,’” Planning Commission Chairman Andrew Schwab said after Kidd’s recusal.
“But this is one time where I feel the letter of the law is more useful to actually be able to accomplish what it is that we are supposed to do and make sure everyone’s on the same page.
“I do not feel as though this meeting is for us to be directed at and told what to work on next,” Schwab added.
“This meeting is more designed on what our responsibility as a commission is supposed to be. Then, at the next council meeting, council is more than welcome to give us direction now that everyone has a clear understanding of what the individual roles for both council and the commission are.”
The council is expected to discuss the comprehensive plan amendment and possible direction to the Planning Commission when it meets at 6 p.m. Tuesday in the City Council chambers at City Hall, 321 E. Fifth St.
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Reporter Rob Ollikainen can be reached at 360-452-2345, ext. 56450, or at rollikainen@peninsuladailynews.com.
