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HomeMy WebLinkAbout09/08/1981 Study Session SEPTEMBER 8, 1981 4 7 1 STUDY SESSION The City Council met in session on this date at 6:30 p.m. in the Council Chambers of City Hall, Yakima, Washington. Council members present were Mayor 'Betty L. Edmondson, Clarence Barnett, Henry Beauchamp, Lynn Budianan, Shirley Doty and Don Hinman. Council member Carmichael present after 6:45 p.m. 1. OPEN DISCUSSION FOR I'HE GOOD OF THE ORDER There was discussion regarding the delivery of Council packets to the Council candidate's homes, Council member Doty expressing her concern about using staff time and a vehicle to do that. It was the general consensus of the Council to refer this to the City Manager. 2. PRELIMINARY BUDGET FORECAST FOR 1982 (Council member Carmichael present after 6:45 p.m.) City Manager Zais cammented on the forecast format, including the new section on policy issues. He gave information on the projected budget deficit for 1982 and stated there are several alternatives given for possible reduction. He referred to the information regarding projected revenues for the balance of 1981 and stated that a number of expenditure controls will be instituted. Council member Hinman inquired about any recommendations the Committee on City Finances may have developed. City Manager Zais reported that the Committee has met , a few times, however, there probably won't be a report fran them this year. He reported there have been meetings with the various departments regarding their budgets. Mayor Edmondson asked how much the furlough system would save and if it is allowable. City Manager Zais stated that the question of its being allowable would have to be research ed because it is not addressed in the collective bargaining agreement and the savings would be about $32,000. Mayor Edmondson commented that the maintenance of the downtown core area should be put on the PBIA assessment, which led to a discussion on the original philosophy of the PBIA. Council member Hinman suggested cuts in those departments that have spent above their budgeted expenditures, most of them being divisions that serve other departments. There was a brief discussion regarding the budget for the State Examiners, who perform the audit on the City. Speaking about a timeframe, City Manager Zais stated that Council can think about this another we and address it at the next study session. 3. EXECUTIVE SESSION It was MOVED by Hinman, seconded by Buchanan to move into Executive Session for the purpose of discussing property lease negotiations. Unanimously carried ,by voice vote. BUSINESS MEETING 4. ROLL CALL At 8:00 p.m., the Council members commenced the regular meeting, Mayor Edmondson presiding, Council members Barnett, Beauchamp, Buchanan, Carmichael, Doty and Hinman and City Manager Zais and City Attorney Andrews present on roll call. 5. INVOCATION The Invocation was given by Council member Hinman. 6. CONSENT AGENDA Mayor Edmondson referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Mayor Edmondson stated that there is an off-agenda item, No. ,15-A, to set a date of hearing for the Dentan Planned 11:72 SEPTEMBER 8, 1981 Development to appeal the 9/1/81 decision of the Planning Commission to deny the rezone. It was MOVED by Doty, seconded by Carmichael to set a date of hearing on this for September 22, 1981. Unanimously carried by voice vote. Council member Barnett requested that It No. 11 be added and Council member Doty requested that Item No. 18 be added to the Consent Agenda. John Klingele, a citizen, requested that Item Nos. 15 and 15-A be removed from the Consent Agenda. It was the general consensus of the Council that the addition of Items No. 11 and 18 and the deletion of Items No. 15 and 15-A, as requested, be made. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Carmichael, seconded by Beauchamp that the Consent Agenda, as read, be passed. Unanimously carried by roll call vote. (Subsequent paragraphs preceded by an asterisk (*) indicate it on the Consent Agenda handled under one motion without further discussion.) *7. MINUTES II/ The Council minutes of August 17 and 18, 1981, were approved, having been duly certified accurate by two Council members and - no one present wishing to have said minutes read publicly. 8. AUDIENCE PARTICIPATION PROCLAMATIONS Mayor Edmondson proclaimed the week of September 5-12 as National Association of Women in Construction Week. She also proclaimed September 12 as Aviation Industry Day honoring Decoto Aircraft, a subsidiary of Dowty Group. Gary Webster, Chamber of Commerce, outlined the events which will occur at the airport and Decoto Aircraft on Saturday honoring 60 years of business with Yakima by Decoto Aircraft and Dowty of England's 50th anniversary. Mayor Edmondson proclaimed the week of September 12-19 as Greenway Week in Yakima and presented the proclamation to Nadine Lee, Yakima River Greenway Foundation member. Mayor Edmondson proclaimed the weekend of September 19 and 20, ' 1981 as Yakima Valley Shrine Weekend. She reported they will be holding their first free mini clinic for children with orthopedic problems on Saturday, September 19, 1981 at St. Elizabeth Medical Center at the Physical Therapy Clinic between 9:00 a.m. and 3:00 p.m. 9. APPEARANCE BY CITIZENS FOR COMMUNITY AWARENESS RE REQUEST FOR LEGISLATION TO PROHIBIT POSSESSION OF MARIJUANA Betty Gridley, co-dhairman of the committee, 6603 Appleview Way, read their request dated September 8, 1981 requesting II/ legislation be prepared to prohibit the possession of marijuana under 40 grams, as follows: We would like to request that a city ordinance be adopted that would make it a misdemeanor to possess under 40 grams of marijuana within the city limits of Yakima, Washington. ' The rationale for this request is as follows: 1. At the present time there is a state statute that deals with the possession of controlled substances which includes marijuana. However, because it is a state offense, it takes a policeman anywhere from 1-11/2 hours to process. 1) The arrest is made; 2) The offender is transported to the Police Department; 3) The offense report is completed; 4) A complaint is filled out; 5) The marijuana is tested; 6) The offender is taken to the county jail; 7) The booking sheet is completed; 8) The offender is booked. 9) The substance is labeled with a property tag; 10) The substance is taken to the vault. - - - 7 3 SEPTEMBER 8, 1981 2. If the ordinance were paSsed making possession of less than 40 grams of marijuana a misdemeanor, this process could be completed in approximately 15 minutes. A simple criminal citation could be issued similar to a traffic ticket once the substance was tested and found to be marijuana. 3. Currently fewer arrests are being made for possession of less than 40 grams of marijuana because of the lengthy process. Users, particularly young people, are are of this and often are into more sophisticated drugs before it is brought to the attention of those persons who could help them the most -- their parents. If the person caught in possession of marijuana, was a minor, parents would be notified at the time and hopefully would be able to deal with their dhild's drug involvement at a much earlier stage. 4. Adult offenders would appear in City Court as opposed to District Court. Juveniles still would be processed through Juvenile Court. It has cane to Our attention that other cities in the Yakima Valley have city ordinances as we are requesting. Thank you for your consideration in listening to our request. Several persons would like to add their comments and support this request. She showed an example of what the amount of 40 grams of marijuana would be, using parsley, and stated that .amount Would make 40 to 50 cigarettes and joints are smaller. Those citizens present speaking in support of preparing this ' legislation were: Teresa Gipson, 201 So. 58th Avenue; David Paul, 27 So. 4th Street; Eva Coombs, 1310 Pleasant; Jim Wheeler, 402 Pear Ave.; Keith Jones, 110 No. 55th Ave.; James Talbot, 2409 Englewood; Tara Gridley, 6603 Appleview Way; Al Kinsley, Counselor, Yakima School District; Myra Tillman, 705 So. 4th Street; Ken Stone, 5907 Douglas Drive, Director of Pharmacy at St. Elizabeth Medical Center; Helen Hinman, 4605 Scenic Drive, High School Counselor; Tom McCormick, 210 No. 7th Street; Teresa Crystal, 1211 So. 30th Avenue; and Veronica Lopez, 308 No. 61st Ave. Following discussion regarding the cities which have ordinances prohibiting possession of marijuana in the amount of less than 40 grams, and the enforcement of those ordinances, it Was MOVED by Beauchamp, seconded by Carmichael to refer this matter to staff in terms of consideration of enacting an ordinance and review the legality of it. City Attorney Andrews stated that one of the instructions is impossible to comply with from a legal stand- point and an ordinance like this would not serve one of the positions that is proposed. A City ordinance prohibiting the possession of marijuana could not be made applicable to juveniles. He reported that anyone under 18 years is referred to the juvenile court and that process would follow regardless of a City ordinance. Council member Hinman suggested that staff be directed to make this type of thing a misdemeanor, but contact the juvenile court to look at a policy to address the drug problem and look at a system like this. City Attorney Andrews reported that his office, the County Prosecutor's Office, Police Department and District Court Judges are reviewing a process by which the criminal citation could be issued for violation of the State Statutes. This would be a state violation and would streamline the process. The question was called for the vote on the motion. Unanimously carried by voice vote. 10. APPEARANCE BY REV. DAVID J. BROWN, YAKIMA BIBLE BAPTIST CHURCH RE DAMAGE CLAIM Rev. David J. Brown, Yakima Bible Baptist Churdh, explained that they receive irrigation water from Yakima Valley Canal Company and due to a break in their line, they have not received any irrigation water this spring, which resulted in II., 7 L SEPTEMBER 8, 1981 the loss of two acres of grass they had planted in the fall. He explained the circumstances which involved the City in a damage claim he sdbmitted, because the line was damaged when the sewer line was installed in the West Valley area. He requested guidance in having this damage claim settled. City Attorney Andrews reported that the claim was filed in June, 1981 and it was referred to the City's insurance canpany and it was determined that the City crew was not responsible since the work was performed by a private contractor, Low's Crane & Excavating. He stated that when a private contractor performs work for the City, he is required to obtain insurance and name the City as an additional insured party. He stated that the insurance company for Low's is the same agency the City uses. He further reported that some other research was done that shows that this irrigation line had not been in service for 15 years or so and was apparently abandoned. He stated that this sewer line was installed in 1977-78. He stated that any damage arising from this should he covered under the contractor's insurance, if liability is found. He stated there was determination made by the City's insurance adjuster that the City is not liable under its policy. In response to . the Mayor's inquiry, Rev. Brown stated that he has not talked with the contractor, however, he did receive the letters from the City. He further stated that the line had been used up to that *time. It was suggested that Rev. Brown contact the contractor. *11. ENVIRONMENTAL PROTECTION AGENCY GRANT AMENDMENT FOR STEP 02 GRANT FOR WATER POLLUTION CONTROL FACILITIES RESOLUTION NO. D-4541, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement accepting an offer from the United States Environmental Protection Agency for a grant of funds to aid construction of water pollution control facilities. *12. REINSTATEMENT OF POLICY RE EXTENSION OF WATER AND SEWER SERVICES OUTSIDE THE CITY LIMITS RESOLUTION NO. D-4542, A RESOLUTION reinstating the policy of the City of Yakima -regarding the extension of water and sewer service outside the corporate limits of the City, as stated in City of Yakima Resolution No. D-1250; and repealing City of Yakima Resolutions Nos. D-4344 and D-4449. *13. PURCHASE CHEMICALS WITHOUT CALLING FOR BIDS FOR WASTEWATER FACILITIES RESOLUTION NO. D-4543, A RESOLUTION ratifying the purchase of chemicals without calling for bids, and repealing Resolution No. D-4535. *14. FINAL PAYMENT ON HIGH ZONE 1-MG RESERVOIR PROJECT II/ The report from the Director of Engineering and Utilities, dated 9/1/81, with respect to the completion of the work on the high zone 1-MG reservoir, performed by U. S. Tank & Construction Company, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. 15. SET DATE OF HEARING ON MAYER CORPORATION PLANNED DEVELOPMENT LOCATED AT 56TH AVENUE/TIETON DRIVE, TANCARA SUBDIVISION John Klingele, a citizen, questioned if Council wants to set two hearings on the same day, both of which will take a long time. He questioned if it would be fair. City Manager Zais stated that the hearings could take a long time, but other items on the agenda could be limited. It was MOVED by Doty, seconded by Carmichael that September 22, 1981, be set as the date of hearing on the planned development rezone request filed by Mayer Corporation for the Tancara Subdivision. Unanimously carried by voice vote. SEPTEMBER 8, 1981 75 15A. SET DATE OF HEARING ON DENTAN PLANNED DEVELOPMENT REZONE LOCATED AT 401 SOUTH 13TH AVENUE Mayor Edmondson stated that the notion to set this date of hearing has already been adopted. *16. OUT OF STATE TRAVEL FOR CABLE TV COORDINATOR The out of state travel for A. Bruce Crest, Cable TV Coordinator, to Boulder, Colorado, to attend the First Annual Conference of National Association of Telecommunication Officers and Advisors; October 21-24 at a cost of $890.50, was approved. 11/ 17. AN ORDINANCE APPROPRIATING FUNDS FOR THE YAKIMA CENTER STORAGE ADDITION - SECOND READING ORDINANCE NO. 2548, AN ORDINANCE amending the 1981 Budget for the City of Yakima by appropriating the amount of $36,000 within 370-Capital Improvement Fund for Convention Center for expenditure during 1981. 18. ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN RE FIRE DEPARTMENT PERSONNEL Council member Doty questioned the reclassification of two full steps for the Alarm Supervisor. Larry Wittenberg, Assistant City Manager, explained the process for establishing a salary, stating that a 10% differential is used for separating the salary from the supervisors and those supervised. He stated that a range is 5% and the Alarm Supervisor supervises the fire dispatchers. Ordinance No. 2549 having been read by title, it was MOVED by Budhanan, seconded by Doty that the Ordinance be passed. Unanimously carried by voice vote. ORDINANCE NO. 2549, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective October 10, 1981; amending Sections 2.20.100 and 2.20.110 of the City of Yakima Municipal Code. *19. AN ORDINANCE ESTABLISHING SPECIAL ELECTION FOR STREET LIGHT BOND ISSUE ORDINANCE NO. D-2550, AN ORDINANCE of the City Council of the City of Yakima, Washington providing for the submission to the qualified electors of the City at a special election to be held on November 3, 1981, of the proposition of whether or not the City should issue its general obligation bonds in the aggregate principal amount of $2,200,000 for the purpose of providing funds to acquire additional street lighting facilities and to construct, install and equip a high pressure sodium street lighting system throughout the City and declaring an emergency. 20. OTHER BUSINESS Council member Carmichael stated she feels it is important for the City to have some representation at the National League of Cities Conference in Detroit. She commented that there should be some money left in the budget for that. Mayor Edmondson suggested discussing this at another time. INFORMATION ITEMS Items of information supplied to the Council were: memo from Director of Public Works re Old Mill Ditch at 16th Ave. & Cherry St. 8/21/81; emergency activity report for August, 1981 from Yakima Fire Dept.; project reports from the Engineering Division for the month of SepteMber, 1981; monthly reports of Cod Administration Office activities for August, 1981; manthly report of Permit Center for August, 1981; minutes of Civil Service Commission meeting on August 6, 1981; minutes of Board of Adjustment meeting on August 25, 1981; The 7 SEPTEMBER 8, 1981 Mayor, Vol. 48, No. 16, August 15, 1981; Yakima Senior Center Information Pamphlet; and COG Newsletter, Vol. 7, No. 9, 9/4/81 and A-95 Review. 21. ADJOURNMENT There being no further business to cane before the Council, it was MOVED by Carmichael, seconded by Hinman that this meeting be adjourned at the hour of 9:30 p.m., to then meet at 11:00 a.m. on Monday, September 14, 1981 at the Yakima Center for a joint meeting of the County Commissioners and Joint Planning Commission regarding the Urban Area Plan. Unanimously carried by 11 vote. READ AND CERTIFIED ACCURATE B 0 DATE/(2-138) , MEMBE' DATE COUNCIL Dmim R ATTEST: 1 - wadd Qt. / _14( CITY t RK MAYOR