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HomeMy WebLinkAbout02/01/1983 Study Session 382 FEBRUARY 1, 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, Henry Beauchamp, Lynn Buchanan, Shirley Doty, W. K. "Pete" Moore and Jack Sparling. Council member Clarence Barnett absent. 1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council member Moore expressed his concerns regarding the re- moval of a tree on private property at 605 South 26th Avenue by City employees, which he was told was done as a public relations effort." He indicated that he has received many II/ calls from citizens requesting the same service. Council member Moore also expressed his concerns regarding a recent safety violation citation given to the Sewer Department for performing a sewer dig on private property without adhering to safety regulations. He requested that a determination be made regarding City involvement with private property owners. 2. CITY AND CIVIL SERVICE COMMISSION JOINT STUDY REGARDING CLASSIFICA- TION AND COMPENSATION PLAN ADOPTION AUTHORITY (See Minutes of Aug- ust 10 and September 7, 1982) Mayor Carmichael introduced members of the Civil Service Com- mission; Ed Rankin, Chairman, Mildred McArdle and Felipe Posada. Sheryl Smith, Secretary-Chief Examiner, was also pre- sent. Mr. Rankin began discussion, reading from Section 4 of Article XVI of the Charter of the City of Yakima wherein "A pay and classification plan with job descriptions providing equal pay for equal work shall be devised by the Chief Exam- iner with the cooperation and approval of the Civil Service Commission which shall be submitted in ordinance form to the City Council for passage." Mr. Rankin stated it is the Civil Service Commission's contention that when a classification plan is presented to the City Council, that it is for passage and not rejection. Council member Beauchamp commented on the history of the reclassification request, expressing his con- cerns that it appears the City's interest had not been represented adequately to ensure the worker stayed within the scope of the job description. Mildred McArdle stated that the job description never changed; the worker assumed other duties. Sheryl Smith provided background information on the reclassification request and explained justification for the increase in range from 4.5 to 6.5. Council member Beauchamp questioned the manner in which the reclassification was originally presented to the Council, stating that initially, the Commission was requesting the reclassification because the worker was doing more than the work assigned to him. Mildred McArdle responded, clarifying that the Commission does not structure a classification and pay range around an individual, rather adheres strictly to the job description. Sheryl Smith distributed copies of the Transit Worker's job description to Council members. Council member Moore referred to the Charter of the City of Yakima, Section 12 of Article XVI, "All offices, places, positions and employments coming within the purview of this Article shall be filled by the appointing power; nothing herein contained shall infringe upon the authority that the City Council may have to fix the salaries and compensation of all employees employed hereunder." He expressed his understanding of the Charter to be very clear; the City Council has the authority to make the final detemination concerning the salary of a City employee. Felipe Posada stated that a question of jurisdiction appears to be the issue at this time. Council member Buchanan concurred with Council member Moore, expressing the necessity of the Council to have the final determination of salary classifications due to budgeting responsibilities assigned to Council. Mildred McArdle stated a clarification of Section 12, Article XVI of the Charter of the City of Yakima is needed FEBRUARY 1, 1983 3 8 3 at this time. Council member Moore expressed his belief that the City Council should have the power /authority to reject staff recommendations. Council member Doty expressed her reservations regarding the salary of the Transit Service Worker position at the suggested 6.5 range and questioned if the responsibilities warranted the increase in pay range. She commented that although the Council needs the Civil Service Commission's assistance, the City Council should have the overall responsibility. Felipe Posada expanded on how the job was factored and requested Sheryl Smith to explain the different factors involved between Custodian versus the Transit Worker positions. Council member Beauchamp questioned if the position was originally called a "Custodial Maintenance" position and questioned how the Commission ar- rived at the original salary range. Sheryl Smith stated that the position has always been a Transit Service Worker and that the previous Secretary -Chief Examiner had determined the salary range using the same factoring process now in place. Mildred McArdle expanded on the process involved with the creation of a new position including the factors involved in determining the original pay rate. Council member Doty inquired as to who was washing the buses prior to the creation of the position of Transit Service Worker. Mildred McArdle indicated she was not sure. Council member Buchanan commented on the wage scale differences between Seattle and Yakima. Robert Weaver, Personnel Officer, was present to inform Council that prior to the creation of the Transit Worker position, the washing of the buses was completed by the Fleet Maintenance Attendants. He expanded upon the factors which resulted in the creation of the Transit Service Worker position. Council member Moore questioned if the Commission had obtained an opinion from the City Attorney regarding the Commission's question of authority. Ed Rankin indicated that City Attorney Andrews informed the Commission at their October 14 meeting, that in his estimation, the City Council has the power to deny passage. Mildred McArdle referred to Article XVI, Section 13, of the Charter of the City of Yakima wherein the Charter states that the Commission must certify that everyone on the payroll is being paid at the recommended level. She stated that Section 13 is the protection given the Civil Service Commission to ensure that the Council and City government does pay at the intent and the duties of the Commission. Council member Moore questioned if the Commission will accept the decision of the City Attorney. Mildred McArdle expressed the Commission's desire to obtain special legal counsel to make a determination if the City Council or the Civil Service Commission has the final authority regarding the City's classification plan. Council member Buchanan questioned if the Commission was requesting the City to pay for, special legal counsel and costs incurred from a lawsuit, in order to determine whether the Commission or the City Council has the final authority, as defined in the City Charter. Council member Moore expressed his opposition to the Commission's request, questioning why the Commission cannot comply with the City Attorney's decision. Mildred McArdle stated the Commission believes there is a conflict of interest on this issue. Due to a shortage of time, Mayor Carmichael inquired if Council wished to postpone Item No. 3 of the Study Session or move the item down to the Business portion of the meeting. Felipe Posada expressed his opinion that it would be in the best interest of all involved to seek outside counseling to remove the doubt of conflict of interest. City Manager Zais commented on the history of the upgrade and reclassification of the classification ordinance which was completed in the mid -70's. He informed the Commission that Council has exercised their authority in this matter in the past; the final ordinance that was enacted was an overall compromise position reflecting Council concerns as well as Commission recommendations. He indicated that the Council's authority is clear; the issue of whether or not the Commission accepts the City Attorney's decision is a separate issue from the Council's authority. Mayor Carmichael summarized 38 4 FEBRUARY 1, 1983 Council's position, indicating the Council is satisfied with the terms laid out in the City Charter. She requested the Commission to reconsider their request for special legal counsel before any final action is taken. Council member Beauchamp expressed his concerns with the initial process of a reclassification request; he voiced his concern about the lack of City management involvement in the initial stages. Council member Doty stated her desire to see a compromise reached regarding this issue. 3. REPORT ON CONFERENCE OF GOVERNMENTS PUBLIC TRANSPORTATION FEASI- BILITY STUDY It was MOVED by Moore, seconded by Doty to move Item No. 3 down to become Item No. 7A of the Business portion of the meeting. Carried by 5-1 voice vote. Buchanan voting nay. II/ Barnett absent. BUSINESS MEETING 4. ROLL CALL At 3:00 P.M., the Council members commenced the regular meet- ing, Mayor Carmichael presiding, Council members Beauchamp, Buchanan, Doty, Moore and Sparling present. Council member Barnett absent and excused. 5. INVOCATION The Invocation was given by Council member Moore. 6. CONSENT 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. Council member Moore requested that Item No. 15, excluding No. 5 of that item, be added to the Consent Agenda. Council member Buchanan requested the minutes of December 16 be removed from the Agenda and brought back next week after some questionable items have been researched. It was the general consensus of the Council that the addition of Item No. 15, excluding No. 5 of that item, and the deletion of the December 16, 1982 minutes, as requested, be made. The City Clerk then read, the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Beauchamp, seconded by Buchanan, that the Consent Agenda, as read, be passed. Unanimously carried by roll call vote. Barnett absent. (Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda handled under one motion without further discussion.) 7. CURRENT STUDY SESSION ITEMS II/ A. Item No. 3 Doug Johnson, Yakima Valley Conference of Government's Planner, was present to provide an overview of the Yakima County Public Transportation Feasibility Study. Mayor Carmichael inquired about membership requirements for the Public Transit Benefit Area Board (PTBA). Council member Beauchamp questioned the manner in which they would buy out the City's equity in the Transit System, which is a requirement by the PTBA in order to provide service. Council member Buchanan requested clarification regarding the affect this proposal would have on the transit sales tax the City currently imposes. Ines Rice, 4409 West Arlington, was present to comment in opposition to the proposed public transportation system, citing the City's possible loss of management of the bus system and also the added expense involved, as the rationale for her FEBRUARY 1, 1983 3 0 5 opposition. Mayor Carmichael inquired if the County was requesting a decision from the Council today on the proposed public transportation system. Doug Johnson indicated that the County Commissioners would need to know by May 1, 1983, to inform the State Department of Transportation. Council member Doty suggested the Council should provide the Commissioners with an idea of the Council's position on this proposal within the next two months. Mayor Carmichael stated she would like to hold a public forum prior to the City Council making any decision on this proposal. Council members Beauchamp, Buchanan and Moore agreed a public forum would be beneficial. It was MOVED by Beauchamp, seconded by Moore to direct staff to hold a public forum to obtain public opinion regarding the proposed public transportation system between now and April 1, 1983. Unanimously carried by voice vote. Barnett absent. *8. MINUTES The Council minutes of December 14, 1982 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 9. AUDIENCE PARTICIPATION None *10. RESOLUTION AUTHORIZING EXECUTION OF A RENTAL AGREEMENT AT OAK FLATS RESOLUTION NO. D -4773, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute rental agreements with Chuck and Nancy Frechette - Bagley for House A, at the Oak Flats property. *11. RESOLUTION AUTHORIZING CALL FOR PROPOSALS FOR THE CITY OF YAKIMA'S LEGAL ADVERTISING RESOLUTION NO. D -4774, A RESOLUTION prescribing a form of contract for printing and publishing city legal advertising; and directing publication of a call for proposals therefore. *12. DISPOSITION OF DAMAGE CLAIM RRESOLUTION NO. D -4775, A RESOLUTION denying the claim of Tara Gutheridge against the City of Yakima in the amount of $111.55. *13. APPROVAL OF RIGHT -OF -WAY USE PERMIT FOR 7 NORTH FRONT STREET The application for Right -of -Way Use Permit (7 North Front Street) dated February 1, 1983, as requested by Clinton Holmes, was accepted. *14. ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN ORDINANCE NO. 2667, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective February 1, 1983; amending Sections 2.20.100 and 2.20.110 of the City of Yakima Municipal Code, and declaring an emergency. *15. ORDINANCES ADOPTING 1982 UNIFORM CONSTRUCTION CODES AND UNIFORM FIRE CODE ORDINANCE NO. 2668, AN ORDINANCE relating to building regula- tions, adopting by reference the Uniform Building Code, 1982 Edition, copyright 1982 by the International Conference of Building Officials, regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and main- tenance of buildings or structures in the City of Yakima; and FEBRUARY 1, 1983 amending Sections 11.04.010, 11.04.015, 11.04.020, 11.04.025, 11.04.027, 11.04.055 and 11.04.070, all of the City of Yakima Municipal Code. ORDINANCE NO. 2669, AN ORDINANCE relating to fire codes; adopting by reference the Uniform Fire Code, 1982 Edition, copyright 1982 by the International Conference of Building Officials and the Western Fire Chiefs Association, and making deletions therefrom and amendments thereto; and amending Sections 10.05.010, 10.05.020, and 10.05.025, all of the City of Yakima Municipal Code. ORDINANCE NO. 2670, AN ORDINANCE relating to building regulations, adopting by reference the Uniform Mechanical Code; 1982 Edition, by the International Conference of Building Officials and the Internatibnal Association of Plumbing and Mechanical Officials, together with "Appendix A", Uniform Mechanical Code Standards, and "Appendix B", Steam and Hot Water Boilers, Steam and Hot Water Piping (Hydronics), "Appendix C", Sizing of Ventilating Systems serving applicances equipped with draft hoods and appliances listed for use Type B vents; repealing apprentice licensing; .providing amendments thereto; and amending Sections 11.32.010, 11.32.015, 11.32.060, 11.32.070, 11.32.075 and 11.32.100, all of the City of Yakima Municipal Code. ORDINANCE NO. 2671, AN ORDINANCE relating to building regulations, adopting by reference the Uniform Plumbing Code, 1982 Edition, by the International Association of Plumbing and Mechanical Officials, amending Sections 11.44.010, 11.44.040, 11.44.041, 11.44.042 and Subsection 11.44.050 B; all of the City of Yakima Municipal Code. ORDINANCE NO. 2673, AN ORDINANCE relating to building regula- tions, adopting by reference the Uniform Code for the Abatement of Dangerous Buildings, 1982 Edition, published by the International Conference of Building Officials, and making amendments thereto; defining terms; providing for the repair or demolition of dangerous buildings; establishing procedures for recovering the cost of such repair or demolition; and amending Sections 11.46.010, 11.46.030, and 11.46.040, all of the City of Yakima Municipal Code. ORDINANCE NO. 2674, AN ORDINANCE relating to building regula- tions; adopting by reference, and amending certain sections of, the Uniform Sign Code, 1982, Edition, copyright 1982 by the International Conference of Building Officials; and amending Sections 11.08.010, 11.08.020, 11.08.025, 11.08.027 and 11.08.029, all of the City of Yakima Municipal Code. 15. ORDINANCE ADOPTING UNIFORM HOUSING CODE Council member Moore indicated his previous concern regarding the 1982 Edition of the Uniform Housing Code has been resolved by staff. Ordinance No. 2672, having been read by title, it II/ was MOVED by Moore, seconded by Doty that the ordinance be passed. Council member Moore explained why he requested the Uniform Housing Code ordinance be removed from the Consent Agenda. He expressed his concerns regarding the enforcement practices of this ordinance. John Vanek, Assistant City Attorney, was available to clarify enforcement procedures. The question was called for a vote on the motion. Unanimously carried by roll call vote. Barnett absent. ORDINANCE NO. 2672, AN ORDINANCE relating to building regula- tions, adopting by reference the Uniform Housing Code, 1982 Edition, published by the International Conference of Building Officials, as the housing code of the City of Yakima and making amendments thereto; declaring, violations thereof to constitute misdemeanors and providing punishment for such violations; and amending Sections 11.20.005, 11.20.010, 11.20.030, 11.20.050, 11.20.055, and 11.20.060, all of the City of Yakima Municipal Code. FEBRUARY 1, 1983 3 8 7 16. OTHER BUSINESS City Manager Zais provided follow -up information to Council regarding the January 28, 1983, trip to New York, wherein he, the Mayor and Dennis Bertek, Supervising Sanitary Engineer, attended meetings with Moody's Investor's Service and Standard & Poor's Corporation regarding Yakima's bond rating status. He expanded upon the financial information discussed at both meetings with the agencies. He stated that both agencies had follow -up requests for additional financial information, and indicated the City could expect a determination on the bond rating by the end of, next week, February 11, 1982. EXECUTIVE SESSION It was MOVED by Buchanan, seconded by Sparling to move into Executive Session for the purpose of discussing collective bargaining and prospective litigation, and then immediately adjourn the meeting. Unanimously carried by voice vote. Barnett absent. INFORMATION ITEMS Items of information supplied to Council were: letter from Regional Manager, McCaw Cablevision, to Bruce Crest, Cable Television Coordinator 1/5/83; minutes of December 7, 1982 meeting of the Community Programming Advisory Committee; minutes of January 6, 1983 meeting of the Downtown Area Redevelopment Committee; minutes of January 19, 1983 meeting of the Yakima Center Advisory Commission and minutes of January 4, 1983 meeting of the City of Yakima Planning Commission. 17. ADJOURNMENT Following the completion of the Executive Session, the meeting adjourned at the hour of 4:25 P.M. READ AND CERTIFIED ACCURATE BYE:? � DATES L "4 OUNCI Mi BER 1 ,,�- 1; 1 Wit'UO,DATEX' 2`$3- COUNCI M D BER 1' ATTEST: D / ,, CITY CLERK MAYOR