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
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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.
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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
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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
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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.
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