HomeMy WebLinkAbout04/01/1980 Business Meeting APRIL 1, 1980 483
The City Council met in session on this date at 2 :00 P.M. in the Council
Chambers of City Hall, Yakima, Washington. Council members present were
Mayor Betty L. Edmondson, Lynn Carmichael, Shirley Doty and Don Hinman.
Council member Henry Beauchamp present after 2 :10 P.M. Council member
Lynn Buchanan absent.
It was MOVED by Hinman, seconded by Doty that the minutes of the Feb-
ruary 19, 26, and 28, 1980, and March 4 and 11, 1980, meeting_s,s haying
been duly certified accurate by two Council members and no one present
wishing to have said minutes read publicly, be approved: carried,
Carmichael, Doty, Edmondson and Hinman voting aye by voice vote. Bu-
chanan and Beauchamp absent.
Mayor Edmondson reported on a communication from AWC regarding nomina-
tion and resolution committees. We are requested to send in a represen-
tatives name for each of these committees. She stated that we normally
send in the names of three delegates and three alternates for the con-
vention. It was the general consensus of the Council to recommend
Council member Carmichael as a delegate to serve on the resolutions
committee. It was MOVED by Beauchamp, seconded by Carmichael to nom-
inate Mayor Edmondson and Lynn Carmichael and Don Hinman as delegates to
the AWC conventions in June: carried, Beauchamp, Carmichael, Doty,
Edmondson and Hinman voting aye by voice vote. Buchanan absent. It was
MOVED by Doty that 'Councilman Hinman be the alternate to the AWC con-
vention in June. The motion died for lack of a second. It was MOVED by
Doty, seconded by Carmichael that Council members Beauchamp, Buchanan
and Crest serve as alternates to the AWC convention: carried, Beau-
champ, Carmichael, Doty, Edmondson and Hinman voting aye by voice vote.
Buchanan absent.
'Council members discussed the community citizen forums and inquired if
there was a schedule prepared for the meeting. Larry Wright, Principal
Planner, reviewed the schedule as follows:
District 1' -- Warehouse Theatre -- April • 10th
Wilson Jr.- High -,- May 8th
District 2 -- McClure School -- May 1st
Hoover School -- May 28th
- `District 3 -- Memorial Hospital -- April 17th
St. Elizabeth Hospital -- May 15th
He stated that not all of these meeting sites have been confirmed.
Speaking about publicizing the meetings, he reported that to put it in
three of the newspapers would cost between $165 to $200 for one in-
sertion. He stated that flyers could be distributed to various com-
munity facilities and staff could also send out notices. It was the
consensus of the Council to try for public announcements.
Councilman Hinman expressed concern about the article that appeared in
the Herald-Republic, regarding recruitment of volunteer firefighters at
the Airport; stating he thought the Fire Department should make a bigger
effort on this. City Manager Zais stated that this press release was
'premature since he had not had a report on this from the Fire Depart-
ment. He explained the requirements of FAA and stated that the City is
not contemplating converting to a full time volunteer fire, department.
He stated that he ,expects . a, report from. the .Fire Department within the
next few weeks.—
Ines Rice, 4409 Arlington, inquired if Council would allow citizens to
speak to Item No. 5 on the agenda regarding the report on,Police and
Fire Civil Service Issues. Mayor. Edmondson stated that Council will
have discussion on this item and then make a determination on whether
public hearings will' be held or input from the citizens will be received
today.
Referring to the report regarding: Police and Fire Civil Service issues,
City Manager Zais stated he would like to provide Council with some
historical background. This addresses a number of issues, not just
484 APRIL 1, 1980
affirmative action. He spoke about a letter that was received in 1977
from the Department of Treasury who administers FRS funds. He reported
that that letter cited specific problems the City had in affirmative
action, especially in the protective services, in the Police Department
particularly. He distributed copies of the Police and Fire Civil Ser-
vice minutes of the July, 1979 meeting, which contains an overview of
the discussion he had with the Commission at that time. It relates to
some of the findings of non-compliance. There were allegations of
discriminatory use of FRS funds. It was alleged that the City hired few
minorities, especially blacks, and that the black community suffered
from the whole realm of public services that were not allocated propor-
tionately to the population and the minority community as it relates to
public safety. They talked about non-compliance in the workforce. They
had some statistical comparisons of data that were used to form their
recommendations. He stated that not just minorities were scrutinized in
the workforce, but also women in the labor force and in the public
II/
safety departments. There were specific references of under-representa-
tion on the workforce and a number of other considerations on height and
weight requirements that were in the Civil Service rules. That really
lead the investigation to the conclusion that there was a prima facie
case for discrimination in the City based on race, sex, and national
origin, specifically in the Police Department. At that time there were
a number of directives to the City Manager and Council and there fol-
lowed correspondence from other federal agencies and from, legislative
offices. The next step _involved, substantially revised the City's
Affirmative Action Plan, expanding our recruitment efforts„imaking"
changes in Civil Service rules with respect to height and weight res-
trictions, putting together some new report data on hiring information
that we were to submit to the Deparment of Treasury, and to maintain
annual contact with them on any progress, plus or minus, that we a-
chieved in the affirmative action area. Later in the year we had a
follow-up review which looked like to them that we had made efforts to
improve our program. We had a consultant come in from the National Fire
Union to assist in recruitment efforts, and they set up special training
programs. Later, there were also questions raised by the City Council
about Civil Service in general, and what management concerns there might
be with Civil Service to allow or afford more opportunity for advance-
ment in the affirmative action area, and in the source of qualified
candidates to City positions. Some of the foundations of concerns for
the Civil Service rules were discussed with Dick Zais when he was ap-
pointed City Manager. That carried over into his examination of the
success the City experienced in affirmative action recruitment later in
the year. The next step at the Council level was in June, 1979. The
Council reestablished the position of Community Relations Officer, that
is now constituted as Affirmative Action Specialist. The City Council
at that time created the position of Affirmative Action Specialist,
assigning that person the responsibility of reviewing Civil Service
Rules and Regulations and providing recommendations for changes. At the
same time, the Council requested that management initiate a compre-
hensive study of affirmative action and Civil Service. In July, the
City Manager made an appearance to the Police and Fire Civil Service
Commission to request them to authorize what was known at that time as
"selective certification" to allow the appointing authority,:im the
II/
Police and Fire Department the opportunity to reach into the register
beyond the "Rule of One" to appoint qualified minorities and women into
vacancies that existed in the Department at the time. That received
considerable discussion and the Commission deferred action on it until
August, and then reached the decision that it did not seem necessary to
allow the appointing authority to exercise that rule, and they turned
down the request. That decision prompted consideration of the Council
to ask for this report that is before Council today. He also stated
that at the end of 1979 there was a conflict of interpretation on Civil
Service Rules pertaining to disciplinary action, and some discussion on
that is contained in this report. He stated that this report is the
result of Council's concern about this for some time, prompted by the
original Department of Treasury action. He stated that staff has tried
to incorporate into this study, areas that they think provide more
flexibility and opportunity for success in the area of affirmative
action and in the area of selective certification -- the "Rule of One"
versus the "Rule of Three", the area of promotional exams and oppor-
tunity that is now limited to internal appointments. In the area of
•
APRIL 1, 1980 41E3'
public safety the City now promotes from within exclusively. That's not
to say we are getting the best candidates in the City. He stated that
last year, management was also struggling with the issue of layoffs.
The Civil Service. Commission was presented with various options of
layoff procedures. The Commission discarded. those recommendations and
left the existing rules in place, which created some administrative
problems. Larry Wittenberg, Assistant City Manager, stated that this
subject has generated much controversy. He stated that a significant
number of Fire and Police employees see this as a threat to their em-
ployment and promotion. There will probably be charges made that man-
agement is supporting the hiring of unqualified people, and that reverse
discrimination will be exercised. He stated that management has never
promoted the position that unqualified people be hired. This report
outlines measures that are necessary to (1) better serve the overall
community, and (2) comply with federal and state statutes and court
decisions. Public employees should be representative of the community
that they serve. Local statistics show that ranks of Police Officers
and Firefighters d� not represent the composition of Yakima's overall
population or the identified labor pool. We have suggested various means
to remedy that, which have proved, successful elsewhere. Bob Weaver,
Personnel Officer" reviewed the recommendations in his memo dated
3/24/80 regarding adoption of certain procedures: (1) "Rule of 3 + 3";
(2) selective •ertificatiop; and (3) promotional exams. He also re-
viewed the revised layoff rules the City presented to the Civil Service
Commission which contained three alternatives: (1) inverse seniority
rule; (2) ratio seniority rule; and (3) dual seniority rule which are
explained in the 3/24/80 memo. He stated that staff analyzed the al-
ternatives recommends the procedure most feasible to the City would
be the racial feasibility. Gary DeCoteau, Affirmative Action Special-
ist, stated that prior to coming to Yakima, he worked for the City of
Seattle and was responsible for investigating discriminatory complaints.
He recommended a.selective certification, stating that Seattle had two
cases upheld' in court. He also recommended the ratio layoff. Council
member Carmichael stated that she would appreciate a. written report on
Mr. -DeCoteau's findings in , Seattle. Council member Doty stated she
would like infoimation on profile and recruitment in Seattle, which
recruitment:schedule and what other places have done similar things so
that we 'could get infoLwation from -them. Mr. DeCoteau reported that
Seattle held - special classes for recruitment and pre-training classes
for, Police and Fire services,; City Manager Zais stated that staff does
not expect any decision to be made today, and suggested that Council
might like to hold.a public hearing. Councilman Hinman stated he would
like more data to prove or disprove the assumption that the person
obtaining the highest score is the best qualified candidate for the
position. Council member Carmichael stated she sees a•bigger problem
here -- that of lack of communication and lack of objectives or policies
by this present CoUncil. She stated that before any decision is made on
this that Council should, meet and organize a one or two day seminar to
act together to e objectives and priorities. Mayor Edmondson
stated she would ),like to ,meet with the Police and - Fire Civil Service
Commissioners to get their input and then set-a date for.public hearing.
Councilman Beauchathp suggested that two or three Council members could
go to Seattle :to get some information. It.was the general consensus of
the Council that before Council takes any action on this there will be a
public hearing- It was MOVED by Beauchampi- seconded .by Hinman that
three Council members be authorized to go to Seattle for the purpose of
interviewing the-".8eattle experience" irr. their Police Department imple-
menting their - affirmative action plan and update: carried, Beauchamp,
Carmichael, Doty, Edmondson and Hinman voting aye byvaice Bu-
chanan absent.. Itwas the general consensus of the Council that Council
members Beauchamp,. Carmichael and liinmam)will. go to Seattle with Gary
DeCoteau. ',Tom Fieldstead, President, Firefighters Association, read and
distributed a statement from Firefighters Association, dated
April 1, 1980, suggesting that $25,000 from the volunteer fund and
enough additional funds be used to hire back five of the firefighters
laid off last year. i Ines Rice, 4409: Arlington, spoke about the City's
corrupt police department that existed in 1935, and stated that the
present system hasserved-the City. well:. Betty Gaudette, 701 North 6th
Street, stated.that the "Rule of 3 + 3" terrifies her. She stated that
the City should go:out recruit, not drop hiring standards. Bill
Wilson, Chairman, Yakima Police.Patrolmans Association, read and distri-
4 B E
APRIL 1, 1980
buted a statement regarding proposed legislation concerning Civil Ser-
vice regulations. He stated that this proposal should be made at the
Police and Fire Civil Service Commission or to the State legislation.
W. K. "Pete" Moore, former Fire Chief and Councilman, stated that he
does not agree that No. 1 on the register is no better than No. 10. He
stated that Council should use federal money for training programs for
recruitment of minorities. John Klingele, 1312 West Walnut, stated that
the "Rule of 3 + 3" to get more women and minorities seems to be un-
necessary since the ability is there through the Civil Service rules.
Stan May, Police Sergeant, and member of the Washington State Associ-
ation of Police Officers, stated that the organization has offered their
assistance in recruitment processes and training. He related an ex-
perience he had'in Fort Lewis where some of the military personnel had
informed him that they had requested job applications by mail, and that
the request was not fulfilled. He stated that the army has already
' given these people some of the training they would need to be a Police
Officer. He stated that the City should look at the quality of the
Police Officer if the quantity is going to be reduced. He stated that a
petition for Initiative 375 is being circulated and needs 124,000 sig-
natures, and would be beneficial to the City.
Willis White, Director of Public Works, reported on the conversation he
had with the Union Gap City Supervisor regarding bus service to Union
Gap. It was his impression that they were not interested in an addi-
tional tax. They did not feel the residents would use the transit :•
system. He indicated there would be a follow-up with Council. Union
Gap indicated they would like to get input from their residents. Willis
White reviewed the recommendations of his 3/18/80 memo regarding modi-
fication of This would create a more efficient service and
provide half hour service to most of the routes. This plan is proposed
to be implemented on July 1, 1980. Dan Newton, Transit Manager, further
reviewed the proposed route changes. He stated that the main change is
to the time schedule. The proposed hours of operation would be 5:45 AM
to 6:45 PM during the week and 7:45 AM to 6:45 PM on Saturday. All
routes would initiate at the Yakima Mall and run their complete route to
provide half hour service to all routes except Fruitvale and Fairview,
which would receive hourly service. He stated that we don't have enough
equipment to furnish half hour service on every route and the routes
were based on ridership. Councilman Beauchamp expressed concern that
the new Housing-HAuthoritTunits have been built in the Fairview area and
they might need the half hour bus service. Mr. Newton reported that at
the current time Fruitvale has hourly service and Fairview has half hour
service at peak time. Mr. Newton explained that an additional driver is
required. He proposed that the Transit Supervisor and the Marketing
Specialist not be hired and use those funds to pay for the additional
driver. He stated there will be an increase of M & 0 costs, which will
be taken out of the various budget accounts. He stated that the mar-
keting will be handled by himself, and the reinstatement of the Transit
Supervisor will be considered with 1981 budget funds. He reviewed some
of the advantages and disadvantages of the proposed changes in the bus
routes, stating that a portion of the route from West Washington to
Miner's Drive-In would be eliminated. There was some concern raised by
several Council members that the deletion of this portion of the route
would also eliminate transportation to the State offices located in the
Valley Mall. Mr. Newton stated that if Union Gap would contract for bus
11/
service, the State offices would be served by two routes. Council
members discussed this, Councilman Beauchamp again expressed concern
regarding service on the Fairview route. Willis White stated that half
hour service could be provided for peak hours without any problem. It
was MOVED by Hinman, seconded by Carmichael to accept the staff report
with the revision that Councilman Beauchamp recommended on peak half
hour service on the Fairview route: carried, Beauchamp, Carmichael,
Doty, Edmondson and Hinman voting aye by voice vote. Buchanan absent.
It was MOVED by Hinman, seconded by Beauchamp to accept the staff report
on consideration of the appointment of a special task force regarding
hazardous material and emergency preparedness and prepare the proper
legislation. City Manager Zais stated that this was intended for Coun-
cil to take action on the terms of the task force. In terms of the
appointment, it should be done by the Council or the Mayor from these
suggested organizations. Councilman Hinman withdrew his motion and
APRIL 1,.1980 487
Councilman Beauchamp“owithdrew his second. It was MOVED by Hinman,
seconded by: Doty ,to'ask:the Mayor to write to,these organizations and
ask them for names to be put on the task force candidate list and follow
staff's recommendations as presented. Following discussion, Councilman
Beauchamp recommended Ithat No. 8 in the report should have three citi-
zens at large to give broader flexibility to appoint two to three citi-
zens to work with these organized groups. Mayor Edmondson stated she
will write the letters hand after receiving the input and recommendations
will bring this back to Council for discussion on the size of the task
force. The question was called for the vote on the Motion: carried,
Beauchamp, Carmichael, Doty, Edmondson and Hinman voting aye by voice
vote. Buchanan absent,.
It was the general consensus of the Council,, to continue the
items: report from Office of Environmental Planning on new fee system;
report on fuel availability, consumption, and cost -- 1979; and with-
drawal of the Fire Department from the Equipment Rental Pool.
Willis White, Director of Public Works, reported that the agreement with
Yakima County and Yakima County Transportation Exchange is a contract
that is renewed on an annual basis and is in the UMTA Grant. Gini
Heintzman, Director, Transportation Exchange, spoke about the buses they
have ordered, with wheelchair lifts. It was MOVED by Doty, seconded by
Carmichael that Resolution No. D-4227, authorizing execution of an
agreement with Yakima County and Yakima County Transportation Exchange
for transportation of the elderly and handicapped, be passed: carried,
Beauchamp, Carmichael; Doty, Edmondson and Hinman voting aye on roll
call. Buchanan absent.
RESOLUTION NO. D-4227, A RESOLUTION authorizing and directing the City
Manager and City Clerk of the City of Yakima to execute an agreement
with Yakima County and Yakima County Transportation Exchange relating to
transporting developmentally disabled and senior citizens.
It was MOVED by Beauchamp, seconded by Hinman that Resolution No.
D-4228, amending the rules of procedure of the Yakima City Council, be
passed: carried, Beauchamp, Carmichael, Doty, Edmondson and Hinman
voting aye on roll call. Buchanan absent.
RESOLUTION NO. D-4228, A RESOLUTION amending "Rules of Procedure of
Yakima City Council".
It was MOVED by Hinman, seconded by Doty that Change Order No. 11 to the
R. W. Beck contract regarding the Wastewater Treatment Facilities 'Pro-
ject, be passed: carried, Beauchamp, Carmichael, Doty, Edmondson and
Hinman voting aye by voice vote. Buchanan absent.
Councilman Hinman suggested that the Council retreat suggested by Coun-
cil member Carmichael, be put on the agenda for discussion next week.
Council member Carmichael stated she would bring back a more formal
proposal. Following City Manager Zais' suggestion, it was the general
consensus of the Council to schedule a report on the agenda in two weeks
from Council members Carmichael and Hinman on their trip to the AWC
conference.
It was MOVED by Doty, seconded by Carmichael to move into Executive
Session for the purpose of discussing prospective litigation and then
immediately adjourn the meeting: carried, Beauchamp, Carmichael, Doty,
Edmondson and Hinman voting aye by voice vote. Buchanan absent.
Items of information supplied to Council were: letter from Union Gap re
Yakima Wastewater Allocation Plan, 3/25/80; response from Hughes Airwest
re proposed termination of direct service from Yakima to Boise/Denver,
3/24/80; embargoed for release on delivery of the President's speech re
Anti-Inflation Program, 3/14/80; letter from Bureau of U. S. Census re
Census Day, 3/17/80; memo from Director of Community Development re
Outside Utility Request for Sewer Service filed by Edward Davis for
property at 1206 South 41st Avenue, 3/21/80; memo from Director of
Community Development, re Outside Utility Request for sewer and water
filed by Robert Kennedy for property at 1711 Pleasant Avenue, 3/26/80;
memo from AWC re revenue sharing report, 3/80; and AWC news for the
month of March, 1980 -- 3/80.
,
APRIL 1, 1980
Following the completion of the Executive Session and there being no
further business to come before the Council, the meeting was adjourned
at the hour of 6:45 P.M. 1
r
READ AND CERTIFIED ACCURATE 4111 /' J DATE 5 K
CtU. CILM4N
6 ff
. :. / ` i � � / DATE � b -00 C
COUNCIL
ATTEST:
■ , 1 ... g,
4_, A - "' f --1.-'-& \ ..., 1 1 I . / a
CITY CLE '
MAYOR