Loading...
HomeMy WebLinkAbout10/06/1992 Study Session / Business Meeting 463 OCTOBER 6, .1992 CITY OF YAKIMA, WASHINGTON OCTOBER 6, 1992 STUDY SESSION /BUSINESS MEETING 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, Bill Brado, Lynn Buchanan, Skip Semon and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, and Deputy City Clerk Skovald also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Invocation was given by Fred Andrews, former City Attorney. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council Member Brado commented on a possible conflict with the Sign Code and Urban Zoning Ordinance. Staff was directed to review. Mayor Berndt reported both she and Assistant City Manager Rice had recently attended an AWC Legislative Committee meeting. Annexation, surcharge on utility rates, taxation on cellular phones, among other issues were discussed at that meeting. How cities deal with Federal Government mandates, continuation of criminal justice funding, growth management, and housing issues are major priorities of cities. Mayor Berndt also commented on a change in Level II LEOFF and PERS pensions falling back on local government. With declining revenue and increased federal mandates, cities have a growing concern. Council Members discussed the extent of the Regional Transporation Planning Organization (RTPO) committee's authority and its decision about the City's ISTEA application. I/ A. PROCLAMATIONS (if applicable) Mayor Berndt declared Saturday, October 24, 1992, as "Dad's Day in Yakima." Bob Hall urged all fathers, from 17 to 97 who are raising toddlers to adults, to participate in a seminar entitled "Secrets of Fast -Track Fathering" through Dads' University scheduled to be held October 24, 1992, at the First Presbyterian Church. 464 OCTOBER 6, 1992 4. CONSENT AGENDA Mayor Berndt referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. The Deputy City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF MINUTES OF THE JULY 28, 1992 BUSINESS MEETING The Council minutes of the July 28, 1992 Business meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. '6. AUDIENCE PARTICIPATION Guy Shinn, 402 East Yakima Avenue, spoke about keeping the Police Department and City Hall facilities in the downtown area. Council Member Semon suggested looking into leasing office space for City Hall because it might cost considerably less for the amount of square footage that is needed than what is being spent for maintenance and operation of the current - building. Mayor Berndt and Council Member Beauchamp agreed this idea was worth looking into if money can be saved and business runs more efficiently and effectively. It was requested that Items Nos. 7 and 8 be reversed on the agenda. 8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH SOUTHEAST COMMUNITY CENTER AT WORK (CONTINUED FROM 9/15/92) Glenn Rice, Assistant City Manager, recognized Rodney Bryant, Ester Huey and others for their efforts developing a successful program to improve and maintain the Southeast Yakima Community Center. Mr. Rice explained the proposed operating agreement sets out a new framework and business relationship with Southeast Yakima Community at Work, Inc. Council Member Beauchamp commended staff for the good job preparing the lease. After further discussion and 2 465 OCTOBER 6, 1992, . Resolution No. D -6191 having been read by title, it was MOVED BY BEAUCHAMP, SECONDED BY SEMON, TO ADOPT THE RESOLUTION. The I/ motion carried by unanimous roll call vote. RESOLUTION NO. D -6191, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an operating agreement with Southeast Yakima Community at Work, Inc. for the operation of the Southeast Yakima Community Center. 7. REPORT FROM YAKIMA COMMUNITY TELEVISION REGARDING CONTENT RESTRICTION ON YCTV PROGRAMMING (CONTINUED FROM 9/15/92) Wendy Warren, Cable Communications Manager, explained this report was to determine how to best deal with controversial programming on the Public Cable Access Channel; she was available to answer any questions. Ms. Warren answered Council Member Beauchamp's question about the recent President's veto of the cable legislation Congress proposed by explaining the veto was overridden on October 5. A new set of regulations regarding cable television has been put into law, including a direction to the FCC to develop guidelines within the next six months regarding access programming restrictions to limit certain explicit material or children's access to indecent programming. Hopefully, these new guidelines will givethe City some regulation allowing the placement of programs in an adult programming hour. Jeff West, from the City Attorney's office, explained a recommendation from Joe VanEden,- Esq.,from the Miller Holbrook law firm, to wait and see what happens before taking any action, since it is not known what the FCC regulations are going to be. Council Member Barnett suggested current policies and procedures be maintained until the FCC guidelines have been developed. Council Member Semon stated the Council has no business I/ getting into censorship, because this issue is not in the purview of the Council. Mayor Berndt asked for anyone present wishing to speak to the issue. Larry Mathews, a Yakima citizen, spoke against any restrictions because of the First Amendment. 3 466 OCTOBER 6, 1992 Sid Smith, 614 South 23rd Avenue, a member of the ACLU, believes the current Community Programming Advisory Committee is doing a fine job in the area of controversial programming, and the creation of a community standards review board could result in legal action against the City if it tries to act as a censor of speech or expression in deciding what will be aired. Bob Plumb, 111 North 22nd Avenue, explained he was appointed by the City Council to the original Advisory Board for Programming and helped to write the original rules and guidelines for this issue. It is important to maintain First Amendment rights, and he urged the Council to maintain current policies on this subject. Edward Esparza, 11 South Naches Avenue, a member of YCT Advisory Committee, strongly recommended the Council maintain a distance from censorhip. Kara Kondo, 3601 Hillcroft Way, a producer, hopes the Council will stay away from trying to censor taste and sensibilities because they change with the years. She urged the Council to maintain the controls that have been successful in the past. Frank Fetters, 1004 North 34th Avenue, stated he believes the Constitution protects everybody- -even those we don't like. He urged the Council to consider the cost of a liability lawsuit. Dan Snovell, 9303 Wide Hollow Road, spoke about the dangers of censorship and what it can lead to, being far greater than the dangers of hearing objectionable words or seeing objectionable gestures from time to time. He encouraged the Council to maintain current standards. Rick Phillips, 822 North 48th Avenue, acknowledged the sensitivity of this issue, but he voiced his opinion about problems that have impacted the country. He urged the Council to regulate the hours of questionable programming in order to protect children. Leroy Cheek, 1518 Rock Avenue, voiced his objection to questionable major network programming being accessible to children. Morgan Collins, 1407 South 35th, spoke about delaying a program in order to deny access to questionable programming. Jeff West explained any delay would be very short merely to allow the City to ask the Court for an injunction. 4 / OCTOBER 6, 1992 Council Member Beauchamp commented about imposing personal values. It would be wrong to leave personal values out of this issue because there is a higher authority; God does have a position on this issue, and it is important to speak out I/ against things when we don't agree. Since the FCC is going to evaluate this subject to determine the potential of regulating cable, it would be premature for the Council to go ahead with this at this time. After further discussion, it was MOVED BY BEAUCHAMP, SECONDED BY BUCHANAN, TO TAKE NO ACTION AND AWAIT THE OUTCOME OF THE FCC. The motion carried by 6 -1 roll call vote; Semon voting nay. Council Member Barnett stated this motion means the present policies and procedures will continue. When the new standards are established by FCC, then any Council member will have the opportunity to bring this subject up for further discussion. Mayor Berndt stated she doesn't think the Council has the legal grounds to change anything and would be overstepping its bounds to get into that argument. Council Member Semon stated the way the motion is worded implies the Council would, in the future, consider some form of censorship, which he would violently oppose. *9. CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF SURPLUS PROPERTY FROM THE FIRE DEPARTMENT RESOLUTION NO. D -6192, A RESOLUTION declaring certain Fire Department vehicles and equipment surplus and authorizing . the sale thereof by the City of Yakima Fire Chief. *10. APPROVAL OF FINAL CONTRACT PAYMENT FOR THE WASTEWATER TREATMENT PLANT SCHEDULE "A" PROJECT (STANDARD MOTION V -B - ACCEPT CONTRACT AND APPROVE FINAL PAYMENT) The report from the City Engineer dated October 6, 1992, with respect to the completion of the work on the Yakima Regional Wastewater Treatment Plant Facilities Improvements (Schedule A) project, performed by Humphrey Construction, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *11. APPROVAL OF THE SECOND QUARTER 1992 INVESTMENT REPORT The Second Quarter 1992 Investment Report was accepted. 5 466 OCTOBER 6, 1992 *12. FIRST READINGS OF ORDINANCES AMENDING THE 1992 BUDGET AND APPROPRIATING FUNDS FOR (NO FORMAL ACTION REQUIRED THIS MEETING): A. RENTAL REHABILITATION AND HOPE 3 PROGRAMS An Ordinance amending the 1992 budget and appropriating funds for the Rental Rehabilitation and Hope 3 Programs, having been read by title only was laid on the table for one week until October 13, 1992. B. PARKS AND RECREATION SENIOR TOURS An Ordinance amending the 1992 budget and appropriating funds for Senior Tour and Youth Programs, having been read by title only was laid on the table for one week until October 13, 1992. C. CONFIRMATION OF CITY PROPERTY RIGHTS FOR YAKIMA INTERURBAN LINES An Ordinance amending the 1992 budget and appropriating funds for confirming the City's property rights of the Yakima Interurban Lines, having been read by title only was laid on the table for one week until October 13, 1992. D. PAYMENT OF WATER SHARE ASSESSMENTS AND OTHER IRRIGATION MAINTENANCE EXPENSES An Ordinance amending the 1992 budget and appropriating funds for payment of water share assessments, repair and maintenance by contractor, operating supplies and electrical power, having been read by title only was laid on the table for one week until October 13, 1992. 13. REPORT FROM FIRE DEPARTMENT REGARDING CITY FIRE RATING Gerald Beeson, Fire Chief, introduced two representatives of the Washington Surveying and Rating Bureau, Jeff Zechlin and Pat Conroy. Both inspectors came to Yakima last spring and conducted the inspection of the fire protection facilities. Battalion Chief Bachmann and Deputy Chief Martin were also available to answer questions. Council Member Barnett commented on the possibility of improving the rating, or reducing deficiency points when reevaluated next year. Chief Beeson commented there were areas under evaluation, and when there is a reevaluation, possibly additional deficiency points can be removed. 6 4 6 9 4 t. OCTOBER 6, 199 , Council Member Sims was puzzled as to why an 18 -year old grading standard is used, why it takes so many years to revise I/ them, and when will a new standard be implemented. Jeff Zechlin explained the 1974 schedule is used because it covers more things and does a better job of making judgment on fire supression. There is none in the works as far as a revised standard being written. The insurance companies are the ones who give the Washington Surveying and Rating Bureau the schedules. Council Member Sims commented the problems addressed 20 years ago are not the same issues to be addressed in 1992. Chief Beeson agreed this is a valid point. Council Member Barnett referred to a memo listing comments and questions and requested staff to come back with a written report answering those questions. Council Member Beauchamp questioned if a reinspection could be done a year from now. Chief Beeson explained it was based on planned improvements scheduled for completion within a year's period of time. Mr. Zechlin explained the rating is a "3" and the Washington Surveying and Rating Bureau is waiting to hear from the City on how long it will take and how the proposed changes will be funded. Then it will be reviewed to determine whether the improvements can be accomplished within a year's time and will be assigned a number of points. City Manager Zais established that it would be acceptable to the Washington Surveying and Rating Bureau if the City provided specific recommendations from Council by the end of the year. Council Member Sims asked what percentage of the commercial properties are insured by the insurance companies who use this rating. Jeff Zechlin stated they rate approximately 95 percent of all the commercial structures in the state. Bob Mansfield, from Mansfield Alarm Company, gave a presentation about the efficiency of fire detection equipment. Larry Mathews, a Yakima citizen, commented about a study on I/ concrete buildings for potato storage being cost effective from an insurance standpoint. Ernie Berger, 1206 South 37th Avenue, stated his opinion about the rating procedure, the training effectiveness of the Fire Department, and the technical changes of the Fire Department. Chief Beeson stated changes have occurred in the last 22 years, and it is difficult to accept the responsibility for decisions made before he became employed by the City. 7 470 OCTOBER 6, 1992 14. OTHER BUSINESS Council Member Semon suggested a letter be written to the RTPO Committee regarding its decision on the I -82 /Bicycle /Pedestrian path. The requests are too long -range in scope to be dismissed just because the City of Yakima had no representation at the meeting. The City should be given an opportunity to present its case. It was the consensus of Council to direct staff to prepare a briefing on how this works in the future and what the City can do to strengthen its position. Council also directed staff to draft a letter to the RTPO Committee requesting reconsideration. Information Items: Items of information supplied to Council were: Meeting Summary, Yakima Valley RTPO Executive Committee regarding Transportation Enhancement Project Prioritization; Memorandum from Assistant City Manager regarding HUD Notification of Grant Award. 10/1/92; Letter from U. S. Department of Transportation regarding Paratransit Plan Comments. 9/22/92; Memorandum from Senior Project Planner regarding Growth Planning Hearings Board Proposed Permanent Rules and public Hearing. 10/2/92; Monthly Annexation Status Report for September 1992; Metro Plan Status Report as of September 22, 1992; Rebound Plus Monthly Report for September 1992; Office of Housing and Neighborhood Conservation Elderly Co -Op Monthly Report for September 1992 ; Monthly Report from Human Resources regarding Vacancies and Hiring Status as of September 1992; Monthly Citizen Request Reports from Traffic Division for August and September 1992; Monthly Permit Center Report for September 1992; Minutes of the June 11 & 21 and August 13, 1992 Community Development Advisory Committee meetings; and Agenda for the September 30, 1992 Yakima Housing Authority meeting and minutes of its July 22 and August 6, 1992 meetings. 15. EXECUTIVE SESSION REGARDING PENDING AND PROSPECTIVE LITIGATION AND PROPERTY ACQUISITION It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING AND PROSPECTIVE LITIGATION AND PROPERTY ACQUISITION, WITH IMMEDIATE ADJOURNMENT TO OCTOBER 13, 1992, AT 7 :00 A.M. The motion carried by unanimous voice vote. 8 OCTOBER 6, 1992 16. ADJOURNMENT TO OCTOBER 13, 1992 AT 7:00 A.M. AT YAKIMA CENTER BOARD ROOM FOR INFORMAL DISCUSSION AMONG COUNCIL MEMBERS Following the completion of the Executive Session, the meeting adjourned at 5:40 p.m. READ AND CERTIFIED ACCURATE BY: it II I q3 COUNCIL MEMBER DA E /I ///?t03 CO 4 IL MEMBER DATE ATTEST: /<Cu C_ CITY CLERK MAYOR Minutes prepared by Deputy City Clerk Skovald. 9