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Home My WebLink About09/04/1990 Study Session 1 1 CITY OF . YAKIMA, - WASHINGTON SEPTEMBER 4, 1990 STUDY SESSION 1. ROLL CALL The City Council met in session on this date at 2 :00 P.M. in the Council Chambers of City Hall, Yakima, Washington. Mayor Pat Berndt, presiding, Council members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, Skip Semon and Bernard Sims present on roll call. Council member George Pechtel present after 2:10 P.M. - City Manager Zais, City Attorney Vanek, City Clerk Roberts and . Deputy City Clerk Lovell also. present. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was*led by Council member Semon. 3. OPEh1•DISCUSSION FOR THE GOOD OF THE ORDER . None. 4. _ APPROVAL OF MINUTES OF THE - FEBRUARY 20, 1990 AND AUGUST 21 & 28, 1990 COUNCIL, MEETINGS AND AUGUST 14, 1990 ADJOURNED COUNCIL MEETING The Minutes of February 20, August 21 and August 28, 1990 Council meetings and August 14, 1990 Adjourned Council meeting, having been duly certified accurate by two Council members and no one present wishing to have said minutes -read publicly, IT WAS MOVED BY BUCHANAN, - SECONDED BY SIMS,;TO " APPROVE THE MINUTES'AS PRESENTED. The motion carried by unanimous voice vote. Pechtel absent. . 5. AUDIENCE PARTICIPATION Greta Bryan, co- Chairman of the Act Now Committee, reported on the progress of the Committee's activities for the upcoming ballot issue. The Committee meets weekly and has .raised $15,000 for the campaign. The Committee has participated, in press conferences and the "In Focus" program on KYVE. They are enthusiastic and optimistic, and plan an extensive publicity blitz in the next two weeks. On behalf of the Council, Mayor Berndt thanked Mrs. Bryan and her committee for their effort. Mrs. Bryan expressed her appreciationto City Manager Zais,for his ongoing assistance. 11/ Mayor Berndt_read proclamation designating the month of September as 'Yakima • Greenway .Month. On behalf of the Yakima Greenway r Foundation, Barbara Feesey accepted the proclamation and invited , the public to participate in upcoming activities, including the ' •Great Yakima Duck Race and Bed Race '90. • r Mayor Berndt read • a proclamation designating the month of September as Yakima Sunfair Festival Month. Barb Thompson accepted the proclamation on behalf of the Sunfair Festival Association, and thanked. the Council for their continuing support. Ms. Thompson introduced Sunfair Princess Amy Ray and Board Member Steve Rotar. AAD /1 1 1`' 2 SEPTEMBER 4, 1990 She presented, Mayor Berndt,.with Sunfair T -shirt and photographs of the Sunfair Mayor Berndt thanked the Sunfair Festival Association for. the excellent job they do representing the City. 6. REPORT ON CABLE TELEVISION ISSUES FROM STAFF AND CONSULTANT, CRAIG ACKERSON, REGARDING: _ S A. REFRANCHISING B. LONG -RANGE CABLE TELEVISION PLANNING C. REVENUE ENHANCEMENT D. TRANSFER OF CABLE OWNERSHIP , E. STATUS OF RE REGULATION OF FEDERAL GOVERNMENT Wendy Warren, YCTV Programming Coordinator,_ presented four reports on cable television issues and introduced consultant Craig Ackerson and TCI Manager Gary Bailey,,, who were available to answer questions. Ms. Warren explained that Council was being asked for action on three items: (1) setting up a- Council committee to work with her division to develop goals and objectives and deal with the issue of refranchising; (2) authorization to create a citizen's committee; and (3) a decision on whether amore thorough investigation should be made of municipal ownership of the cable system. Council member Semon asked about the current franchise subsidy amount of $19,000 and was advised by Mr. Ackerson that standard franchise language used. in 1979 stated that the cable operator would provide a state of the art studio and facility that would accommodate community access needs. During the early years, the cable company only provided cable system access, and it was 1987 before it was realized the true terms and conditions of the contract were not being met. At. that time, McCaw Television .,-offered a 30% rent subsidy to YCTV until the. current franchise ,,. expires.,. .,_Council member., Semon complimented ; the.,consultant for a well written and easily understood report: . Council member Beauchamp' asked questions concerning municipal ownership of the cable system, and inquired about rate differences between municipal and. private ownership. Mr. Ackerson stated that the basic rate. for a 52- channel.system in California, with 45 channels being utilized, is $12.50 per month. . Ms. Warren said that municipal systems : generally operate in small communities. Council member:Barnett asked for examples of failures of municipal systems,, •but Ms. .Warren was unaware of any failures in the Northwest. . Council member Barnett,, asked for.details on the $30 million start- up estimate, for 'a municipal system. He was given `background information by,.Mr,Ackerso_n,_as well as estimates • of current market value. Mr: Barnett questioned financing a municipal system, stating that the City had higher priorities to consider. _ Mr. Ackerson stated that cable.operations are extremely capital intensive and financing pat on ",high market saturation. Mr. Ackerson estimated that the investment could be paid back in `about 3 -5 years under the very b est of circumstances. TCI Manager Gary Bailey said the Yakima system serves five communities and building, a new system would_ probably. cost a minimum of $7 million, - and require a payback period of 11 -12 years. Council member Beauchamp asked 'if there are any restrictions on revenue generated by a municipal "cable "system. Ms. Warren AAD /2 SEPTEMBER 4, 1990 1 1 3 replied that the Cable Act of 1984 lifted limits on revenue, and restrictions no longer exist on franchise fees. City Attorney Vanek stated that legal research would be required to determine if • a municipal cable system would beset up as`a utility or enterprise • - fund. City Manager Zais - said this area has been explored previously in terms of a broader based utility tax, but additional . research would be required to determine if any changes would be predicated by municipal ownership of.the cable system. Council member Barnett referred to the portion of the consultant's report concerning the City's commitment to live television :.' -,-.' broadcasting of Council - meetings. Mr. Barnett•felt the Council did -; .' ' , '''-•commit tb '1 ive broadcasting at the r meeting held on April 24, 1990, but opted instead to place cameras in'the•Council Chambers to allow broadcasting. capability. In an effort to clarify the intent, IT WAS MOVED BY PECHTEL, SECONDED BY BUCHANAN, TO BROADCAST COUNCIL • MEETINGS ON CABLE' TELEVISION ON A WEEKLY BASIS. The motion carried ' by 6 -1 voice vote. Barnett voting nay because he would like the procedure evaluated before a commitment is made by the Council, and • he would like to have input from the media. Ms. Warren stated that • bid specifications'have been finalized•and a call for quotes will • be going out soon: It will be late November before the cameras are • installed. Ms. Warren assured Council that there will be ample opportunity for training and practice'before the live broadcasting begins. Ms. Warren also suggested that Council consider policy ' regarding storage or reuse of the video tapes. :City Manager Zais•said that Municipal ownership of cable services may not'be an immediate concern of Council', particularly since the current operator is'performing satisfactorily and meeting the terms - • Of the franchise. This is a capital. °intensive venture, and the City has other areas of priority.'atrthis .time.' Rate regulation and rate'setting for municipal systems' may alter the Council member Barnett requested. that the three issues under discussion be considered separately. It was MOVED BY BARNETT, • SECONDED BY BUCHANAN, TO AUTHORIZE THE CREATION OF A CITIZEN'S - COMMITTEE TO HELP ASSESS FUTURE CABLE NEEDS. The motion carried by unanimous voice vote. Following clarification of Mr. Barnett's • 'motion, it was MOVED BY BARNEIT,'SECONDED BY SIMS; TO ESTABLISH A COUNCIL COMMI'r1'EE TO WORK WITH THE STAFF TO RENEGOTIATE THE FRANCHISE AGREEMENT AND CABLE BUSINESS. The motion carried • by unanimous voice vote. IT WAS BY BUCHANAN, SECONDED BY • SEMON, TO ACCEPT THE' REPORT: Council member Barnett stated that he •• would vote against accepting the report because it states that the consultant will dome back to Council after researching municipal ownership of the cable system, and Mr: Barnett was opposed to any further direction on'municipal ownership.— Mr. Barnett was not • denying the report, but was not accepting everything in the report. Council member •Semon felt - that acceptance of the report was housekeeping,' since a committee has been:established that will be • working on a number of cable' franchise topics. Council member Buchanan said that if the Council does not accept the report, it ,- 'will be returned to Mr. AckerSon for revision, which might result '' ' ':in `. additibnal ekpense: THE QUESTION'WAS.°.CALLED 'FOR A VOTE ON THE : MOTION. ..The motion carried by unanimous voice vote. Mr. Barnett • voted`•to accept the report, but stated that he did not agree with AAD /3 . 1 1 4 - SEPTEMBER 4, 1990 everything in the report as'it relates to Mr. Ackerson coming back • r , to Council to report on municipal ownership. • • Council member Sims asked for legal clarification regarding exactly what Council •accepts when - a report 'is accepted. Mr. Sims understood that only the document was accepted, and possibly the conclusions. Council member Barnett was also concerned that accepting a _report may. commit the Council -to action that is not intended. City Attorney Vanek stated that the position of the . Council has been to accept the - recommendations included in a ' report, and usually if there are recommendations, the Council affirmatively adopts' them. 'It was MOVED BY BARNE'IT,'`SECONDED BY SIMS, 'TO APPOINT SEMON BEAUCHAMP' AND - TO` THE COUNCIL COMMITTEE,' MAYOR AS ALTERNATE.... The motion . carried by unanimous voice vote. 7. CONSIDERATION':' 'OF ' NOVEMBER; "' 1990" BALLOT`."" 'PROPOSITION AMENDING MUNICIPAL CHARTER REGARDING EXEMPT CIVIL SERVICE POSITIONS • City Manager Zais explained that current Civil Service regulations severely limit the City's ability to fill vacant professional, technical and trainee' positions. For this reason, City Administration recommends a minor. amendment in the Charter Civil Service rules and language of the Charter that governs Civil • Service appointments. Council approval is 'required in a timely manner in order for the issue to be included in the November 6th election. The City is not looking at a major revamping of the Civil • Service Code of the City Charter, but it is significant in terms of building additional • flexibility on employment. In a number of instances, City has attempted to -hire people by professional service contract or into' professional, technical or trainee positions through ,the system, but has been limited by Charter language. Mr.. This said the. City is significantly backlogged in the hiring process, and this amendment would simplify the procedure. _Mr. Zais referred to recent problems in filling an "'Engineering position, where' a personal' service contract was 'impossible '"under 'the current .Charter and' the hour limit for temporary " employment waS insufficient to job. Th 'er Since - 'a 'ballot issue'`has "be proposed, e Council member Barnett asked-,Why some housekeeping" `changes' `ar• e note 'bing made at the same - time to 'bring" the - .Charter' into conformance "with'•:the current form of :' gdve "rnment:` .. City manager Zais responded that there are several areas of the City Charter: that "needto obe ° reviewed and updated, and he felt this would be a'good subject for Council consideration as a separate: process.' It was preferable to the ballot issue c: simple, so no other, items were added: John Klingele, 1312 West • Walnut, 'agreed that the City Charter needs to be updated, and gave • several examples of outdated legislation, and encouraged Council to review and update the document. Mr.' Klingele was concerned that another City issue in'the November election might be confusing to the public since the EMS - and 911 issues are already on the ballot. •. Mr. Zais replied that this is not an economic issue, and a fact sheet' will be issued. It 'was BUCHANAN; - 'SECONDED BY SIMS, -. TO " :'DIRECT `STAFF± `TO TREPARE' THE APPROPRIATE ELECTION RESOLUTION AND •- BALLOT PROPOSITION.' City Attorney Vanek stated that State labor law says' that the personnel process is a condition of work, and AAD /4 SEPTEMBER 4, 1990 1 1 5 • therefore, bargainable. If this issue passes, the City could have people who, are ; in a,,,bargaining unit, but not covered by Civil Service,., and'.1416 may;ask,the.Council to bargain over conditions of work. THE QUESTION, WAS, ' FOR THE MOTION CN THE FLOOR. The motion carried by unanimous voice vote. 8. OTHER BUSINESS . None. - Information Items Items of information supplied , to the Council were: _ . , Memorandum_ from Code Administration•Manager .regarding Weedy Lots. 8/29/90; Letter from 'Governor Booth Gardner appointing Fred Stouder as a member of the Service Delivery Task Force. 8/16/90; Letter from Department of the . Army. regarding public hearing • scheduled to solicit comments on proposed closure of Ford Ord, CA. 8/28/90; -- Letter from Dr. Joseph Regimbal expressing appreciation for great job done by City crews on the 16th Avenue /Yakima Avenue ' intersection project 8/26/90; Letter:from David Hagen expressing support of Fred Meyer development. 8/29/90; Article from August 90: Urban - Land, "Growth - Management Tempe Style "; • Article from . August 27; 1990 Nation Cities Weekly, "Vancouver, 'Washington On Camera "; - Minutes' of the August 2, 9 & 16, 1990 meetings of the Yakima Air Terminal Board. - 9. :EXECUTIVE SESSIGN It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO•MOVE INTO EXECUTIVE SESSION FOR THE PURPCSE.OF DISCUSSING ACQUISITION OF PROPERTY, WITH IMMEDIATE ADJOURNMENT THEREAFTER•10 SEPTEMBER 11, 1990 ADJOURNED MEETING AT 11:30 A.M. AT THE HOLIDAY INN (RIMROCK ROOM)' WITH YAKIMA • SCHOOL' DISTRICT #7 BOARD OF DIRECTORS. The motion passed by unanimous voice vote. " 10.. ADJOURNMENT - • Following the completion of the Executive Session, the meeting was adjourned at the hour of 3:45 P.M. - - • READ•AND CERTIFIED ACCURATE BY: • CO !i'' - Lr MBER. DATE • COUNCIL MEA :' R . DATE ATTEST: . - CITY(CLERK - MAYOR • Minutes prepared by Deputy City Clerk Lovell. AAD /5