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HomeMy WebLinkAbout02/15/1983 Business Meeting 3 g FEBRUARY 15, 1983 STUDY SESSION The City Council met in session on this date at 1:30 P.M. in the Council Chambers of City Hall, Yakima, Washington. Council members present were Mayor Lynn Carmichael, Clarence Barnett, Lynn Buchanan, Shirley Doty and W. K. "Pete" Moore. Council members Henry Beauchamp and Jack Sparling absent. 1. EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION It was MOVED by Buchanan, seconded by Doty to move into Execu— tive Session for the purpose of discussing prospective litigation. Unanimously carried by voice vote. Beauchamp and Sparling absent. BUSINESS MEETING II/ 2. ROLL CALL At 3:00 P.M., the Council members commenced the regular meeting, Mayor Carmichael presiding, Barnett, Buchanan,, Doty and Moore present. Council members Beauchamp and Sparling absent and excused. 3. INVOCATION The Invocation was given by City Manager Dick Zais. 3.A. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Carmichael indicated she would like to include Open Discussion for the Good of the Order as Item No. 3.A. at this time. Council member Doty commented on a question she received from a citizen asking if Council had ever considered having a taxi service available at or near the front of the Yakima Mall. City Manager Zais informed Council that staff will research the suggestion and respond back. Council member Doty also commented on a question she received from a citizen asking if the Mayor and City Manager were able to take advantage of the reduced air fare of $199 to New York for their meeting of January 28, 1983, with the bond rating agencies, Moody's Investors Service and Standard and Poor's Corporation. Mayor Carmichael stated that due to the short time element of their trip, they did not qualify for the terms of the discounted air fare. Mayor Carmichael distributed copies of a proposed resolution which was prompted by a matter which came up at the Health District meeting February 7, 1983. She indicated the resolution has been suggested by the Health District due to II/ recent actions of the State Department of Social and Health Services to abolish the State Board of Health's independent rule making capabilities and place the district Boards of Health throughout the state, under the Department of Social and Health Services, with advisory input only. She indicated it has been suggested that all of the cities in this County y, endorse this resolution, along with the other counties across the state to retain the independence of the State Board of Health and to maintain its rule making capabilities, rather than having it become another function under the Department of Social and Health Services. Mayor Carmichael requested Council to consider this item. Council member Barnett expressed his opinion of the need to address this item in a very timely manner. In response to questions from the Council regarding clarification of the issue, Mayor Carmichael informed Council that the Department of Social and Health Services wishes to abolish local decision making abilities. The City Clerk having read the resolution by title, it was MOVED by Barnett, seconded by Buchanan that the resolution be FEBRUARY 15, 1983 3 9 5 passed. Unanimously carried by roll call vote. Beauchamp and Sparling absent. RESOLUTION NO. D -4779, A RESOLUTION in the matter supporting an independent rule making State Board of Health. 4. CONSENT AGENDA Mayor Carmichael referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Council member Barnett requested Item No. 9 be added and Item No. 12 be removed from the Consent Agenda. It was the general consensus of the Council that the addition of Item No. 9 and the deletion of Item No. 12, as requested, be made. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Doty, seconded by Buchanan that the Consent Agenda, as read, be passed. Unanimously carried by roll call vote. Beauchamp and Sparling absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 5. CURRENT STUDY SESSION ITEMS None 6. AUDIENCE PARTICIPATION Ines Rice, 4409 West Arlington, was present to express her concerns regarding the bid proposal listed in the newspaper for a waterproof coating system at the Wastewater Treatment Plant, Project No. 0950. She urged staff to make all information regarding this project available to the bidder before the bid is awarded to avoid future litigation. 7. AWARD OF CONTRACT FOR LEGAL ADVERTISING Mayor Carmichael announced she had received a request from Scott Henyan, Classified Advertising Manager, Yakima Herald- Republic Newspaper, to speak on this item. Scott Henyan informed Council that the failure of the Herald - Republic to submit a bid for the City's legal advertising was not intentional, rather a mistake on his part. He stated he hoped the mistake on his part will not cause the City an undue financial burden. Council member Moore stated he appreciated the problem Mr. Henyan addressed, however, if the Council refused the bid received from the Sun Press, it • would put the Sun Press in an untenable "position. Concil member Moore stated he believes there is no alternative, since proper bid procedures have been followed. Council member Barnett expressed his concerns that the bid received from II Sun Press is 35% higher than the contract held last year and he commented on the possibility of going over budget in this area. He questioned if there is a procedure in which the City can go out for bids a second time. City Attorney Andrews commented on the legal ability of the Council, wherein all bids received can be rejected if Council so directs. Assistant City Manager Wittenberg was present to explain the budgeting process for legal advertising which reflected an anticipated 8 -10% increase in the budget. He explained that the bid submitted by the Sun Press is estimated to amount to $386 more for legal advertising this year than last year's contract with the Herald - Republic. Council member Barnett stated that he does not consider $386 a significant amount to warrant new bids. Mayor Carmichael expressed her concerns re- garding the increased amount. Council member Moore elaborated on his earlier statement in which he felt the City would be putting the Sun Press in an untenable position when the com- petitor would know the Sun's quote, however, he indicated a 35% increase is substantial. Council member Doty questioned Jean Shipman, Purchasing Agent, if she had ever received an increase that high, to which she responded" in the negative. Council member Buchanan inquired what the time element would 39E FEBRUARY 15, 1983 be if the City were to re-bid the ad. Jean Shipman indicated little, or no time would be involved. It was MOVED by Barnett, seconded by Buchanan to award the contract to the only and lowest bidder, in this case, the Sun Press. (Council member Doty temporarily absent after 3:30 P.M.) Carried by 3-1 voice vote. Carmichael voting nay. Beauchamp, Doty and Sparling absent. 7.A. REQUEST FOR SPECIAL ELECTION (Council member Doty present after 3:35 P.M.) It was MOVED by Moore, seconded by Barnett to request staff to prepare proper legislation to call a special election for May 17, 1983, on the matter of the referendum petition which has II/ been filed to protest Ordinance No. 2637, pertaining to refuse service. Unanimously carried by voice vote. Beauchamp and Sparling absent. 8. RECONSIDERATION OF PROPOSED REORGANIZATION OF ENGINEERING AND UTILITIES DEPARTMENT Dennis Covell, Director of Engineering and Utilities, was present to summarize staff's report regarding the department reorganization proposal. He provided a cost analysis of the proposed reorganization, informing Council of a potential savings of $18,000 under the new organization. Dennis Covell responded to Council's questions regarding the reorganization. ' Mayor Carmichael expressed her concerns regarding the efficiency of the current organizational structure. Council member Barnett questioned how a salary could be calculated for the position of City Engineer without a current job description. City Manager Zais expanded on the history of the Engineering Department. Council member Buchanan stated a change is needed, however, he is not satisfied with the proposed reorganization. He expressed his concerns that staff is rushing into this issue. Council member Moore spoke in opposition to the reorganization, questioning the benefit to the citizens and the timing of the proposal as criteria for his opposition. Council member Doty requested background experience of •engineering personnel. Dennis Bertek, Supervising Sanitary Engineer, and Jon Wiese, Project Manager, provided their work experience infomation prior to employment by the City. It was MOVED by Moore, seconded by Doty to deny the proposed reorganization of the Engineering Department. Council member Barnett spoke in favor of the reorganization, however, he expressed his concerns regarding the starting salary which is proposed without having an adequate job description or probation period. Council member Buchanan stated he supported the motion, however, he is not comfortable with the late verbal information provided. Council member Moore expressed his opinion that the appropriate time to review a reorganization proposal is after the Wastewater Treatment Plant litigation is completed. Council member Doty II/ agreed a change is needed in the organization, but expressed her concerns of eliminating "line" staff and adding supervisory personnel. Mayor Carmichael spoke in support of the reorganization, agreeing with the appointment of Dennis Bertek to the position of the City Engineer. City Manager Zais addressed the need to update the job descriptions and have them appropriately classified in the pay plan. He informed Council of a mandatory six month probation period with a new supervisory position. The question was called for a vote on the motion. Carried by 4-1 voice vote. Carmichael voting nay. Beauchamp and Sperling absent. *9. REPORT ON JANUARY 1983 GENERAL GOVERNMENT BUDGET STATUS The report from the Accounting Manager, dated February 15, 1983, regarding the January 1983 General Government Budget Status for the City of Yakima, was accepted and approved. FEBRUARY 15, 1983 387 10. USE RATE SCHEDULES FOR EXPENDITURE RECOVERY AS PROVIDED BY FEDERAL LEGISLATION Fire Chief Ed Carroll was present to expand upon staff's re- port. He informed Council that the Fire Department is requesting Council's authorization to establish a use rate schedule for the purpose of obtaining eligible recovery costs for apparatus and manpower used in certain incidents involving federally owned property and certain types of hazardous materials incidents. Council member Buchanan requested clarification of staff's report pertaining to "hazardous materials." Chief Carroll responded to Council's questions. It was MOVED by Moore, seconded by Doty to request staff to prepare the proper legislation that would provide a fee II/ schedule that would take care of incidents on federally owned property and hazardous materials, including all departments of the City. Unanimously carried by voice vote. Beauchamp and Sparling absent. *11. APPROVAL OF YAKIMA AIR TERMINAL BY-LAWS The Yakima Air Terminal Board By-Laws, as submitted, were approved. 12. APPROVAL OF FINAL CONTRACT PAYMENT FOR CONTRACT NO. 5, SCHEDULE B AT THE WASTEWATER TREATMENT PLANT Council member Barnett requested clarification regarding the use of aerators in Schedule B of Contract No. 5. Council member Doty questioned if the eight aerator units and the four aeration blowers were new or used units. Jon Wiese, Project Manager, was available to respond to Council's questions. It was MOVED by Moore, seconded by Doty to approve the final contract payment for Contract No. 5, Schedule B at the Waste- water Treatment Plant. Unanimously carried by voice vote. Beauchamp and Sparling absent. *13. TREASURY REPORT FOR DECEMBER 1982 The report from the Acting Director of Finance and Budget dated February 15, 1983, regarding the Treasury Report for December 1982, was accepted and approved. *14. DISPOSITION OF DAMAGE CLAIM • RESOLUTION NO. D-4780, A RESOLUTION authorizing payment to J. Byron Jensen in settlement of a claim for damages filed with the City of Yakima. *15. ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR CITY EMPLOYEES II/ ORDINANCE NO. 2676, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective March 19, 1983; amending Sections 2.20.100 and 2.20.110 of the City of Yakima Municipal Code. 16. OTHER BUSINESS City Manager Zais commented on the letter from the Civil Service Commission dated February 8, 1983 which was included in the Council's information packet. He indicated that the Commission did not reiterate their request for special legal counsel, however, it appeared the Commission is expecting a reply from the Council. Council member Moore expressed his interpretation of the letter, stating that the Commission is requesting Council to reconsider their decision on the Transit Service Worker position, and to acquiesce to the Commission's request to change the classification from 4.5 to 6.5 pay range. He stated he felt the Council is obligated to either accept or deny the Commission's request. Council member Barnett stated his interpretation of the letter was to either accept the Commission's request or be sued. It was MOVED by Moore, seconded by Doty to reaffirm Council's previous 398 FEBRUARY 15, 1983 decision to deny the Commission's request for a pay range increase to 6.5 from 4.5 for the position of the Transit Service Worker. Council member Barnett indicated he wished to abstain on this issue as he has turned this matter over to his private attorney, at his own expense, and until such time as he hears from his attorney, he does not want to take any further action. Council member Moore suggested perhaps Council would prefer to evaluate this matter further. Council member Doty questioned if a matter like this would ever be subject to a compromise; that perhaps the Council feels the Transit Service Worker position is a little too low, but that jumping two pay ranges is too much. Council member Moore referred to the minutes of September 7, 1982 wherein he stated he was not opposed to a 5.5 classification, but was not in favor of increasing the position by two pay ranges. He indicated he would be willing to compromise on that basis. 11/ Council member Barnett expressed his dissatisfaction with the Commission's comments in their letter referring to the Council's decision as "arbitrary and capricious." City Manager Zais stated that the Council has exercised the option of compromise in the past concerning Civil Service recommendations. It was MOVED by Buchanan, seconded by Doty to table the motion. Unanimously carried by voice vote. Beauchamp and Sparling absent. City Manager Zais informed Council that due to a request from the department heads, a report from the Civil Service Commission will be forthcoming, addressing the re-evaluation and re-examination of the Department Assistant series of job classifications. Council member Moore expressed his concerns of the possibility of facing the same question of authority with this future report as the Council is currently experiencing with the Transit Service Worker position. He reiterated his position that the City Council has the final authority to approve job classifications. Council member Barnett concurred. Council member Moore suggested the possibility of putting this issue on the special election ballot of May 17, 1983, as a revision of the Charter to define the responsibility of the Council in regards to this particular issue; that being the definition of the word "passage" as stated in Article XVI, Section 4 of the Charter of the City of Yakima. Information Items Items of information supplied to Council were: letter from the Chairman, City of Yakima Civil Service Commission, requesting reconsideration of Council's denial of the reallocation of the Transit Service Worker classification. 2/8/83; letter from Local Service Committee Chailman, Pacific Northwest Bell Telephone Company thanking the Council and the Supervising Traffic Engineer for assistance with a parking problem. 2/5/83; Fire Department's Emergency Activity Report for January, 1983; article from the Wall Street Journal regarding "Reagan's Major Budget Proposals for Fiscal 1984." 1/31/83; Monthly Report of Code Administration Office II/ Activities for January, 1983; Monthly Report of the Permit Center dated January, 1983, and minutes of the January 18, 1983 Police and Fire Civil Service Commission meeting. 17. ADJOURNMENT There being no further business to come before the Council, it was MOVED by Barnett, seconded by Buchanan that this meeting be adjourned at the hour of 4:55 P.M. Unanimously carried by voice vote. Beauchamp and Sparling absent. READ AND CERTIFIED ACCURATE BY t'h M 1 ti_cf_. DATE /413 Li( COUNCIL MEMB 4 DATE / COUNCIL MEMBER ATTEST: l■ I , , fab. I_ aka,- 7.1 ALA— • CITY CLERK MAYOR