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HomeMy WebLinkAbout09/07/1982 Study Session September 7, 1982 258 STUDY SESSION The City Council net in session on this date at 2:30 p.m. in the Council Chambers of City Hall, Yakima, Washington. Council members present were Mayor Lynn Carmidhael, Clarence Barnett, Lynn Buchanan, Shirley Doty, W. K. "Pete" Moore, and Jack Sparling, and Henry Beauchamp. 1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council member Buchanan mentioned that there are two positions currently open on the Community Programming Advisory Committee and the Committee is requesting that Council consider re, appointing Cherie Hanses, and appointing Stephen Cragg as a replacement for Roberta P' Pool. It was MOVED by Buchanan, II/ seconded by Doty to reappoint Cherie Hanses for a five year term on the Community Programming Advisory Cdmmittee. Unan- imously carried by voice vote. It was MOVED by Budhanan, seconded by Beauchamp to appoint Stephen Cragg for a five year term on the Community Programming Advisory Ccmmittee. Unan- imously carried by voice vote. Mayor Carmichael mentioned several upcoming mini-conferences being sponsored by the Association of Washington Cities and distributed tentative agendas. Council member Beauchamp mentioned that the sidewalks along Summitview between 32nd and 56th Avenues need special attention, if possible, since weeds are coming up between the cracks and create a poor impression of the City. Council member Doty requested that the sidewalks along Lincoln also be cleaned up. Council member Barnett said he had been approached by several people commenting on the City sealcoating certain streets that don't need repair. City Manager Zais stated that this process is a preventative measure and not always a corrective one. Council member Sparling reminded staff that the month of September was the date given as a deadline on reporting back to Council with a solution to the left turn problem at South First Street and Yakima Avenue. Council member Barnett requested that staff lock into the matter more thoroughly involving turning off street lights on certain sides of the streets to ensure that an area is not left totally blacked out as the time approaches for the completion of the project. 2. EXECUTIVE SESSION It was MOVED by Doty, seconded by Moore to move into Executive Session for the purpose of discussing collective bargaining and .prospective litigation. Unanimously carried by voice vote. BUSINESS MEETING 3. ROLL CALL 11/ At 3:00 p.m., the Council members commenced the regular meet- ing, Mayor Carmichael presiding, Council members Barnett, Beauchamp, Budhanan, Doty, Moore, Sparling and City Manager Zais and City Attorney Andrews present on roll call. 4. INVOCATION The Pledge of Allegiance was led by Mayor Cannichael. 5. MNSENT AGENDA Mayor Carmichael referred to the items placed on the Consent Agenda, questioning Whether there were any additions or dele- tions from either Council members or citizens present. Coun- cil member Doty requested the addition of Item No. 17; how- ever, Council member Barnett stated he had same questions on that matter. The Acting City Clerk then read the Consent Agenda items, including resolution and ordinances by title. It was MOVED by Beauchamp, seconded by Buchanan that the Consent Agenda, as read, be passed. Unanimously carried by 260 September 7, 1982 roll call vote. (Subsequent paragraphs preceded by an aster- isk ( *) indicate its on the Consent Agenda handled under one motion without further discussion.) *6. MINUTES The Council minutes of August 31, 1982 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 7. CURRENT STUDY SESSION ITEMS None 8. AUDIENCE PARTICIPATION None 9. HEARING ON REZONE APPLICATION FOR PROPERTY LOCATED AT 40TH AVENUE AND SUMMITVIEW SUBMITTED BY KING SIZE PHOTO This being the time fixed for the hearing on a rezone applica- tion submitted by King Size Photo for property located at 40th Avenue and Summitview, Mayor Carmichael advised that the applicant has withdrawn his application. 10. REPORT FROM COMMUNITY & ECONOMIC DEVELOPMENT ON PROPOSED RECOM- MENDATIONS TO REVISIONS OF UNIFORM BUILDING CODES John Beer, Jr., Director of Community and Economic Dev- elopment, reviewed the staff report stating it is their recom- mendation to eliminate the Appendix in both the Uniform Build- ing Code and Uniform Fire Code. Council member Barnett re- quested that staff consider meeting with private industry groups, such as the Yakima Valley Construction Federation and Hone Builders Association to review the proposed Code changes and staff recommendations. It was the general consensus of the Council to have staff set up a meeting with appropriate private industry for their input and to bring this information back to Council prior to enactment of the Codes. Both Council members Moore and Barnett expressed their interest in attend- ing these meetings. *11. CONSIDERATION Off' A RESOLUTION AUTHORIZING PAYMENT OF A CLAIM FOR DAMAGES RESOLUTION NO. D -4709, A RESOLUTION authorizing the payment of $55.80 to Harce L. Hart in settlement of a claim for damages filed with the City of Yakima. *12. APPROVAL OF RIGHT -OF -WAY USE PERMITS A. CAMLU RETIRF1MENT APARTMENTS Approval of a right-of-way use permit for Camlu Re- tirement Apartments, 2800 W. Viola, was passed. B. CALIFORNIA CANNERS & GROWERS. Approval of a right-of-way use permit for California Canners & Growers, 901 N. First Avenue, was passed. *13. APPROVAL OF OUT-OF -STATE TRAVEL REQUEST FOR CITY MANAGER The out of -state travel request for the City Manager to attend the ICMA 68th Annual Conference in Louisville, Kentucky, October 16 -25, 1982, at a cost of approximately $859, was approved. *14. AN ORDINANCE APPROPRIATING FUNDS FOR INFORMATION SYSTEMS SOFTWARE PURCHASE (FIRST READING) An Ordinance appropriating funds for Information Systems soft ware purchase, having been read by title only, was laid on the table for one week or until September 14, 1982. 26 1 September 7, 1982 *15. AN ORDINANCE APPROPRIATING FUNDS FROM THE FEDERAL SHARED REVENUE FUND AND TRANSFERRING FUNDS TO THE CENERAL FUND (FIRST READING) An Ordinance appropriating funds for the Federal Shared Rev- enue Fund and transferring funds to the G Fund, having been read by title only, was laid on the table for one %eek or until September 14, 1982. 16. AN ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN Ordinance No. 2635, having been read by title, it was MOVED by Moore, seconded by Beaudhamp to adopt the ordinance as read. City Manager Zais stated there are a number of issues in this II/ ordinance this time, including the Transit Service Worker position. He further advised that should Council wish to amend the ordinance in any way, that said modification should specifically retain the other information or changes that have been previously authorized. The City Manager also advised that one of the position deletions which was inadvertently omitted is the Airport Manager position. Assistant City Manager Wittenberg advised that this position still needs to appear on the pay and classification plan since the City is still doing payroll for the Airport until early next year when the Airport will assume this responsibility. Council member More questioned the deletion of Alarm Technician. Assistant City Manager Wittenberg stated that this position and the Radio Technician position are being deleted and will he re- placed with a more generalized position. Council member Moore asked if the City is planning to get one person to replace both of these positions. Chief Carroll stated not necessarily one person, but one job classification, probably with a title of Communications Tedhnician. Council member Beauchamp ques- tioned %hether these positions identified for deletion are positions which have been deleted by earlier Council action. City Manager Zais stated they are either a result of the reorganizations previously instituted or due to budget re- ductions that have been previously directed. Council member Doty stated there is some concern among certain Council mem- bers as to when certain vacant positions are going to be filled. Chief Carroll stated that part of the delay is due to possible reorganization and/or the feasibility of joint canr munications, both Police and Fire. Council member Doty stated that in regards to the Transit Service leibrker reconsideration by the Civil Service Commission, there is no backup report as to that the Commission found when they reviewed the matter, other than they confirmed their earlier recommendation. She further stated she is not pleased with the idea of changing the pay range for this position from 4.5 to 6.5. Sheryl Smith, Chief Examiner for the Civil Service Commission, gave a review of What has transpired in the past regarding this position. Ms. Smith stated that when this position was orig - II/ inally established a little over a year ago, the Commission expressed concerns over the salary range at that time, since this was a newly created position. She stated the Commission had recommended that after six months of someone working in this new capacity, the position should be reevaluated and the salary examined again. Ms. Smith said this position has received a great deal of examination and scrutiny and the Commission continued to express concern over the pay range for this position. Ms. Smith outlined the procedure of analyzing a position Which involves a factoring analysis, objective standards and mathematical computations. She said this posi- tion was also compared to other positions of similar status in five other municipalities within the State, including positions within the City structure. Ms. Smith stated that in conclusion the Commission felt that after the extensive amount of research that want into this position, they would not reverse their previous decision and reccrnmended the pay range be increased to 6.5. Council member Moore requested details on the specific duties of this position as set forth in the job description. Ms. Smith stated this position is involved primarily in the upkeep of the transit coadhes, cleaning the interiors and exteriors and maintaining the transit shelters throughout the City. Council member Buchanan stated he is in 282 September 7, 1982 agreement with Ms. Doty and did not feel this type of position should be given an increase in pay. Council member Sparling questioned why the comparisons were made with.other cities and not with private industry. Ms. Smith responded that comparisons were made with the private sector; however, the duties and responsibilities of these persons were of a lesser nature for less pay; and, therefore, were not of a fair, comparable match. Bob Weaver, Personnel Officer, stated that on no less than three occasions this position has been re- viewed by the Civil Service Commission. He further advised that input was provided by the Personnel Office, the Chief Examiner, and the Union. In addition, he said, the local community was indeed surveyed and that employees of the local transit firms washed buses and nothing else, whereas, the current Transit Service Worker has performed additional du- ties, some involving carpentry skills, such as replacing glass in the bus shelters. Also, Mr. Weaver advised that the City is bound by the Equal Pay Act, which requires this City to compensate its employees based on the relationship of a posi- tion Lto each other, and believed the City's current system will withstand any test of equal pay. Council member Barnett expressed his frustration over the Council's lack of ability to act on various situations that come before Council, due to various restrictive laws and regulatiOns, and are forced to approve something in order to make it legal without having any control over the Natter. Mr. Wittenberg stated one alter- - native would be to restructure the job, removing certain responsibilities and tasks from this position; however, this Might require that certain functions be performed by higher paying personnel or in contracting out other kinds of services that this individual is currently performing. City Manager Zais stated he could agree with Council's concern in comparing City salaries with the private sector. He stated the pay and classification plan is a major element in the decision-making process, which does not rest solely with Council. He advised that State law has prior precedent, so does Federal law, equal pay for equal work, prevailing wage practices which must be adhered in City contracts, including the Davis-Bacon Act, and in this case, the City Charter. The City Manager advised that the Charter establishes the Civil Service Commission as the responsible agent for designating the pay and classification plan and systEm and for making reccmreendations to Council on . changes for passage. , He said he could foresee a contest between the City Council and the Civil Service Commission in this area if the Council rejected the recommendations, and the possibility of the City being sued by the Civil Service Com- mission, the Union, i or the individual involved to carpel enactment of the ordinance. Mayor Carmichael questioned whether Council wished to consider the ordinance in its en- tirety or to consider some possible arendments. It was MOVED by Doty, seconded by Buchanan to amend the ordinance leaving the deletion of the various classifications and compensations that are now obsolete and denying the Transit Service Worker position reallocation from range 4.5 to 6.5. Council member Moore stated that he would not have much problem with a one range upgrade but not a two range change. Council member Sparling stated that sane times in a decision such as this that is unpopular, he would prefer to delay making a decision and to give a greater amount of thought to the matter. The question was called for a vote on the motion. The motion carried by 6-1 voice vote. Sparling, voting nay. The question was called for a _vote on the main motion as amended. The motion carried by 6-1 roll call vote. Sparling voting nay. ORDINANCE NO.. 2635, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employeeS to be effective October 9, 1982; amending Section 2.20.100 and 2.20.110 of the City of Yakima Municipal Code. 17. AN ORDINANCE PROVIDING FOR THE HANDLING CF HAZARDOUS MATERIALS INCIDENTS Ordinance No. 2636, having been read by title, it was MOVED by Beauchamp, seconded by Buchanan to adopt the ordinance as September 7, 1982 263 read. Council member Barnett questioned'the procedure set forth in Section 6.90.040 concerning verbal agreements. Ed Carroll, Fire Chief, stated that in most cases presigned agreements would be on file, or the forms would be executed after the fact to ratify to the verbal agreement made in the emergency situation. City Attorney Andrews stated that prob- ably all experts utilized in this field are familiar with the "Gbod Samixritan" Law and realize the requirement to execute the necessary forms. The question was called for the vote on the motion. Unanimously carried by roll call vote. ORDINANCE NO. 2636, AN ORDINANCE relating to public safety and morals; providing for the handling of hazardous materials incidents; designating a Hazardous Materials Incident Command II/ Agency and authorizing the execution of emergency assistance agreements; and enacting Chapter 6.90, "Hazardous Materials Incidents", and Section 6.90.010, 6.90.020, 6.90.030 and 6.90.040 as a new chapter and new sections of the City of Yakima Municipal Code. 18. OTHER BUSINESS Ken Groth, Acting Fire Chief, gave a report on the gasoline leak by Nob Hill Boulevard and 23rd Avenue. Mr. Groth re- ported the leak had been pinpointed to the Exxon property but that at this stage, it had not been established as to who is responsible. He further advised testing is continuing and possibly by morning they would have an answer. Mr. Groth stated an attempt will be made to recover the flammable liquid ' and that a Seattle firm has been hired for assistance. He said that once responsibility has been determined, recovery of costs will be sought. Mr. Grath requested Council auth- orization to continue with the recovery process without having to go out for bids. It was MOVED by Beauchamp, seconded by Buchanan to authorize the City Manager to continue with the clean up operation and to keep Council advised. Unanimously carried by voice vote. Council member Budianan mentioned that the State Highway Department is progressing with a bicycle route between Yakima and Selah and questioned staff as to the City's involvement in this project. City Manager Zais stated he did not know What the City is doing at this point. The City Manager also in- vited those interested to attend the Thursday meeting of the Washington City Manager's Association being held at the Hol- iday Inn. ITEMS OF INFORMATION Items of information supplied to Council were: letter from Community Programming Advisory Commission re: Reappointment of member. 8/20/82; memo from City Attorney re: Damage II/ claims referred to insurance company. 9/1/82; minutes of August 11, 1982 Yakima District Board of Health meeting; memo from Dept. of Engineering and Utilities re: Update report on Sludge Management Program. 9/1/82; and memo from Purchasing Agent re: Provident Industries Shuttle Service. 9/3/82. 19. ADJOURNMENT There being no further business to cane before the Council, it was MOVED by Budhanan, seconded by Moore to adjourn the meet- ing at the hour of 4:45 p.m. Unanimously carried by voice vote. ,......--,>--, READ AND CERTIFIED ACCURATE B--c /. ,,,e1,„_.„.-Lei„.„.._ DATE COU CIL MEMBER 4 ,1 , 4 6 ,L ou 47 . - A DATE dr— yr --/ 2— R 11 4 , 1 1 4-4 ATTEST: ea-A-e--- -I c 1 C - ACTTNG CITY rLRRK MAYOR 26L SEPTEMBER 14, 1982 There being no quorum present, The Acting City Clerk announced there will be no meeting. 1