HomeMy WebLinkAbout11/01/2010 00 Action Agenda ACTION ON
YAKIMA CITY COUNCIL
PUBLIC MEETING — STUDY SESSION
NOVEMBER 1, 2010 — 9 —1045 A.M.
COUNCIL CHAMBERS — YAKIMA CITY HALL
1 Roll CaII
Present:
Council Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey,
Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave
EttI and Bill Lover
Staff City Manager Zais, City Attorney Cutter and City Clerk Kloster
2. Mayor - Council / Council- Manager forms of government
• Consideration of a proposal to initiate a ballot proposition to adopt a Mayor -
Council government format
Council Member Edler gave an overview of the Mayor - Council form of government
structure proposal that the Council committee (Edler, Ensey and Lover) suggested
as a "bullet point" identification of the attributes envisioned by the committee
These were incorporated in a memo to the full Council from City Attorney Cutter on
October 8, 2010
After Council discussed the issue at length, Mayor Cawley opened the floor for
audience comments.
The following individuals were in favor of the Council- Manager form of govemment:
Nick Hughes, Scott Wilson, Glenn Rice, Jerry Foy; Clarence Barnett; Mary Place
The following individuals were in favor of a Mayor - Council form of government:
The following individuals were in favor of letting the citizens decide
E- Verify Nick Hughes, Craig Keller, Craig Fisher, Bob West, Anna Jaussald,
Peter Morris, Michele Strobel, James Goss and Sandi Brendale
The following individuals were not in favor of E- Verify Nick Marquez, Luz
Gutierrez, Martin Chacon, Nestor Hernandez and Gustavo Guzman.
Cawley opened the meeting Subcommittee, Edler, put forward what they thought
an elected mayor form could take Membership districts, same as it is now, 3 at
large, 4 districts reps, council president (he read them all off so I can get them from
the packet)
Lover comments — last meetings we had, comments that there wasn't citizen
interest in this. Went to senior center, asked them to read and sign a letter Read
the letter Hopefully he submitted it to Debbie. Basically it said they wanted the
opportunity to vote for or against the idea. Commented that Bruce Smith had little
to no input on this. Basically said he was the one that brought up the idea of
changing when Dick retired so Bruce wasn't involved in this. With the
mayor /administrative system, the administrator generally will carry out the
administrative policy and related duties leaving the mayor to focus greater attention
on policy development and his political leadership role Also let him concentrate on
economic development. He believes that the Council /Mgr form of government is
highly bureaucratic and the other form is more constitutional. Executive and
Legislative branches. Mayor and Council are accountable directly to the voters.
Ensey — wanted to talk about, not the details, but the bigger picture. I didn't realize
how passionate people were going to be about this. Thinks a citizen elected mayor
is a good form of government what I see in future, extremely tough union
negotiations, fights with pay raises when we should be talking pay cuts — don't see
a legislative body up to that challenge. 7 member part-time, almost volunteer
group, versus having one person accountable to the people could tackle some of
this.
Coffey — the details as laid out in front of us have a lot of problems. Here today to
decide whether to put on ballot, but really to decide which form to go Points
brought up —
4 district council and 3 at large — if we're going to consider that, why not consider 7
districts for a more representative community
City residency — we must look at having some type of minimum residency
Council will approve mayor's department head positions but no involvement in the
removal of them
Council no authority to hire council staff — if there was no council staff and we're to
use the mayor's staff, what do they do with discord
Mayor presents annual budget per requirements of charter — no specific definition
of when. Too loose
A lot of things in this presentation that are too loose
Hate being in position of having to bring these things up and the only one that is
but someone has to I feel strongly that we need to get through this transition, hire
a city administrator, get through the transition, put them on a contract, and each
time the contract comes up, review performance and decide whether to continue
If the community wants a strong mayor, they will voice that to the Council. I think
we have a select political elite that are driving this. Cost of putting on the election,
it's also the cost of the staff, the research, the time involved when we are being,
have gangs crime violence we are trying to deal with, budget to prepare, other
major issues. For those reasons, I also asked for staff to put together issues
relating to the cost of this form of government. Research showed clearly that cities
in this state that have a strong mayor do cost more, significantly more, and in most
cases, twice as much Most of that has to do with us running on a lean /mean
staffing City Manager and ACM run divisions, in other cities they don't. We can't
afford to have a strong mayor, nor do we need one ACM carries 6 divisions,
negotiating with 13 different bargaining units, and the public defenders services.
Finance director over finance and IS You don't see that in other cities. Supplied
this information to the council members, think we have to look at realities right now
There will be another time for this discussion as there has been in the past. I
believe there is no strong desire to change now
Adkison — going through all of the information, I have no problem with the outline
given to us about who a mayor form of government would look, that could be
tightened up Over past couple of weeks, I spoke with Tots of people Didn't have
the response Lover had, most was pretty mediocre Their biggest concern was
what is it going to cost me I will support whichever way the vote goes.
EttI — wants to wait until after the public speaks
3 Audience Comments (1030 —1045 a m )
Opened it up at 9
Nick Hughes —1509 McKinley Ave — mixed emotions — I don't have a problem
with this coming to a vote of the people, but a problem of special election and
what it's going to cost, especially right now Personal feeling, prefer the way it
is now and would vote against strong mayor I thought it would be a more
expensive, concerned about political nepotism, and would hate to see this
become a partisan issue Need to get on with the business at hand and feel it
would be a waste of money to put it up to the people.
Scott Wilson, 2410 S 66 Ave , refer to some comments made by Council 1)
Ensey said what if newly elected mayor was just hired and he's supposed to
have the vision What if he doesn't, then what do we do for 4 yrs 2) Lover
referred to the mayor should be in charge of economic development, we
already have a ED director on staff now 3) Ensey related to Council's being
part time and difficult to do all they'd like to do, then how can they, under a
mayor form of government be qualified to hire staff, and have no authority to
fire them if they made a mistake A Wilson — has a law degree, an admin
assist for Gov, administrator of Clallum county, Sumner etc. etc. giving his
credentials. His free advice is to continue with Council City Manager form for a
litany of reasons. He'd be willing to share his insights to anyone that would call
him Listen to someone with his experience, you can ask specific questions,
good, bad, current cities in flux right now Went on with other issues that could
rise up that impact our city instead of putting the focus on things that need to
be taken care of Gave lots of good statements for Dick's efforts.
Glenn Rice — 211 N 26 Avenue, disturbed by this. Letter to editor, looks like
a raid on funds with it's not vetted well, not thought through, led by a few of
you that really don't have citizens at heart, your job s to represent 85,000 of us
and don't think that is being done Serious issues being marginalized by this
effort. Lovers tactic thought was deplorable Can't believe 4 of you couldn't
get together to keep or fire a manager Cannot understand the judgment at all.
In Spokane when they did this, first thing mayor did was bring his dog catcher
friend from another city to be his assistant city manager III time,
Jerry Foy, 7020 Manor Way, we got annexed, promise of increase fire and
police and that hasn't happened. Talked about annexation from 2000 to 2010,
you haven't taken care of things as you promised. You talk about economic
development, we have New Vision, and an administration department in the
City that also does new vision Talked about putting infrastructure in on the
back end of development. Leadership isn't here I was a strong mayor in
Aberdeen Replaced entire sewer system, took a lot of work, ran a major
business etc. Have you thought about strong mayor, develops the budget to
hand to you and in doing so can take away a department head and then you
have to okay that budget. How many times can he keep bringing it back
because you have to verify — gave some examples Idea that you folks were
elected to lead, not destroy Dick did a good job. You will be tough pressed to
come up with anyone that would want strong mayor with this Council. It won't
work.
Clarence Barnett — not advocating a strong mayor but have a comment and
questions should you decide to opt to one Comment, my daughter who lives
in a strong mayor city says it has been a disastrous 4 yrs. What is the
attorney's plan when there is a conflict between strong mayor and the council?
Should you decide to place strong mayor charter amendment on the ballot, you
should use that election to put other charter amendments on the ballot and
provision should be in the amendments to censor or sanction the mayor
Mary Place, 5710 Marilane — past mayor — this past weekend many politicians
have been spreading a lot of stuff around. Yet today, one day before one of
the most decisive elections, the city is having a public meeting /study session
on this. The structure is outlined, only an outline, no formal document on which
to comment, many unanswered questions. When will the public get to appear
and comment — what's the rush. Where is the public outcry for change Other
things to focus on, e g budget. Seems idea comes from politics and money
MRSC says the main difference is, the proposed change is more political. Is
that what we want? Coffey's information says it all, that form of government
costs more money None of those other cities have all the services we provide
yet they spend more money on their form of government. Will strong mayor
provide that info Or produce council reports with no staff? Will council
members have access to legal help? Council will have no staff What about
legal questions? We need answers to these and other questions Who will be
the mayor? Someone who understands or wishes to control local politics or
someone with the business experience on how to run a city You are saying let
the voters decide, if there is truly an organized push to do this, let the private
sector pay for the election?
Joe Walkenhour, 2506 Fruitvale Blvd — member of SOAR representing. We
are both ways on this issue, most felt a strong mayor government would be
better for the people, and we all thought it would be good to put on the vote
Maybe we can piggy back that vote on something else later to save cost.
Strong mayor government has been around for hundreds of years. We
understand under WS laws, the mgr, or even a strong mayor can only do so
much, but we all felt it would be a good idea to let the people vote on it.
Personally I think strong mayor has some value, you can hold his feet to the
fire better, and get your points across( ?) Seems we have bureaucrats doing
most of the negotiation, rather than the risk of not being elected again if not
doing the will of the people
Ron King, 320 Stanley Blvd, didn't feel the citizens had anything to comment
on Only thing was do I or do I not want a strong mayor, but I didn't have any
information until late last week. I wasn't going to spend time on something I
had no knowledge of Talked with a lot of community people, about 75% of
time strong mayor conversation comes up I don't know how I stand on this
issue but firmly believe that it needs to be on the ballot.
Lynn Hardin, 913 Pleasant Ave, important thing for us in the community is we
feel a great disconnect between populace and government. One of the strong
things that supports strong mayor is the ability to literally elect the person that
has the leadership role in moving the city forward Heard comments that we do
not want to micromanage the leadership so council fails to represent the
people When things are not working right in bureaucracy — spends money 0
getting in and getting rid of them, or something to that end
Lynn Buchanan, 115 W D Street. Elected 7 people to lead city, should be able
to do it. Issue coming up of needing a new city manager If you get a strong
mayor in a few months, you cannot hire a city manager that will lose the job
when the election is over NLC and AWC should be able to tell us how cities
work with strong mayors When I was doing that, we heard that Yakima had a
real lead over other cities, once a year Council gave City Manger review, if he
didn't do well, we'd find another one Strong mayor you have to wait 4 yrs It's
your job, all 7 of you, to come up with policies. You are all elected for 4 yrs, as
would be a strong mayor, if you do not like the CM you have a chance to throw
him out each year
Paul George, 5305 Meadowlane Ct, spoke against advancing the proposal to
an election. A complex issue that is clearly dividing council yet outside council
there is no discernable support, no matter what you guys say Believe this
issue should be the main theme of upcoming city council election in 2011 4
seats, a voting majority, will be coming up for election. I think having
candidates run on the subject, perfect for the 2011 election We'll be paying for
an election anyway When will this vote take place (the one we're talking about
now) Fast track indicated City Council would craft a charter amendment
resolution and get on ballot February 8 In order to do that the resolution
would have to be to the auditor by 12/23/10 50 days from now Not enough
time for citizens to give input. Bewildered why this is now coming before us.
Said a lot of other things — why do you want to give your power away? Now is
not the time
Tim Jensen — 12N. 11 Ave , many of what I had to say have been said. Think
Coffey is correct, devil is in the details. Questions, Council president is going
to be responsible for the agenda? Requires a great deal of staff time and
cooperation. If Council has no staff, how are you going to generate a quality
agenda? Who is the City Attorney's client in this? Mayor? Council? City
Administrator? Nothing can be answered in this document. I resent paying for
this as a taxpayer Feel it should be a citizen generated issue Trying to sneak
this through after a big November election in Feb when no one is going to be
paying attention The three largest best run cities in the state are all
council /manager form of government. Look at Seattle and Spokane and the
havoc that the strong mayor model has provided for them. This should not be
a separate election, should not have to pay separate costs in
Feb Should be run through with the general election when Council reruns for
office next year
Ben Shoval, 1234 W Yakima Ave , no opinion on this itself, that's not what
we're supposed to be doing today Most people don't have an opinion yet.
Only serious argument allowing people to decide is that people aren't pushing
for this Since the issue has been raised, a day has not gone by that I haven't
been with people talking about it. When a council member arrives, the
discussion stops. Serious discussion isn't going to happen unless we put it on
the ballot. Don't endorse the issue one way or another today but allow the
people to decide on the issue Voting no today isn't voting on the issue, it's a
decision to not let the people weigh in on the issue Urge you not to do that but
to move forward with putting in on the ballot.
Don Schussler, 9 N 7 8th Ave, gathered here when most people are at work to
talk about the most important policy question has raised in years. Very much
opposed to the mayor form, it is highly politicized in the worst sense of the
word Common feature is mayor and council spend a lot of time fighting, look
at Seattle & Spokane Real - Sharon Engle — man up and put on ballot in
2011 If you are serious, step up to the Tine Explain to us. This is very
strange timing, Bruce Smith says there's never a good time, that may be but
some times are worse than others. City Manger — no one will apply, no firm will
contract with you to search, let's not do this fast track effort in February Refile
and campaign for it. Let's have a public discussion and have it in a
professional and orderly way
If they did that, though, they would still have to have another election to elect a
mayor if it won.
Back to Council deliberations 10 a.m.
Cawley — we do pay for an election every 2 yrs, it wouldn't be very hard to add
this item Timing is difficult and it can interfere with search for a new
administrator Option to move Zabell up and put this down the road a bit.
Ensey — willing to make a motion so we can have something to talk about.
Edler — the reason we are here is our city manager is retiring and as part of the
discussion as a follow up to hiring of a city manager, we decided to truly debate
and discuss the changing of the form of government. Putting issue to bed or
debating the form of government and that is why we're here Tried to
determine that all through the process. Form of a motion — let's make one —
ENSEY MOVED THAT WE PLACE ON THE FEBRUARY BALLOT TO ALLOW
PEOPLE TO VOTE FOR A CITIZEN ELECTED MAYOR FORM OF
GOVERNMENT SECONDED BY EDLER.
Rick — need to decide one way or another — want to point out, whether
someone's in favor of putting this on the ballot or not or in favor of the idea, we
all want the best interest of Yakima, may not agree on what that is, no one here
wants evil to happen.
Edler — a room full of strong opinions, declares there are strong opinions, there
is citizen interest and they should be able to decide I am someone that truly
believes everything rises and falls on leadership, we create the culture of
leadership, I believe the current system limits not just the ability of leadership to
rise to the top but limits those that can and do get involved That's why I have
taken the position that the issues this community faces are an inability for
leadership to rise 80% have the elected form of government they cannot all be
wrong There are arguments and personal accusations made, but the tipping
point came for me when I asked a staff member, on record of saying we have
the finest staff, 1 asked one of them and after a quick chuckle they said, we
have 7 strong mayors right now That's the reality that we face A whole lot of
staff time was spent creating a document for one council member, we need
someone like an elected mayor to be a buffer between the elected and staff I
will campaign heavily to change our form of government.
Lover — whether I'm for this or not isn't important, 1 see about 50% of the
people who are interested in changing the form of government. There are
some good examples, e g Everett. One thing Paul George said — having the
election with city council election, that would be decided in the august primary
Instead we should say at the nearest available election We may not get this
completed in time to go to the February election. August would be fine with
me Clarence's issue of what is the role of the attorney in this form of
government but that's a detail that could be decided later
Coffey — the report you referred to Dave was requested by me, in fact at City
Council meeting we discussed the report provided by the committee — I was
absent at that meeting, so at the Council meeting I had aske4d if were proper
that the rest of the Council, should they wish, could ask staff, someone could
have said something. Council I always able to ask staff on an issue as large
and important as this. Today we have a number of people in front of us, the
people here are asking us to finish this today and not move it forward.
Adkison — nothing has been said has changed my mind My biggest concerns
are like what all of us have with what's going on in the City We can't move
forward with anything new and continue forward with the prospect of Dick
leaving, that's the one firm thing we know he won't be here after July 6th
Concern we will be muddling around If there is a citizens regroup that want to
put this together and put it on a ballot.
Ettl — History goes back to the incredible tenure of our city manager The cry of
the masses has fallen to a whisper or less. For most of the people I have dealt
with was more frustration with City Hall and the fact that no one would deal with
the City Manager What is leadership — is it saying yes or no? It depends on
where you're coming from Yourself? Dealing with people? Shovel? Is this a
referendum on this council — what do you mean I don't have leadership It
ultimately is about serving the people Have a collapsing time frame.
Economic situation in our community we are now calling crisis. In the midst of
collapsing time frame and crisis, we're talking about changing our form of
government. If boogy man 2 does, - the only way we can nip this in the bud as
soon as we can is to put it on the ballot. Lets get it done so we can go on with
things. Yes, it will slow up the ability to replace dick. I will not vote for it. I'm
voting for the motion
Cawley — I think we have options and time I can't support a Feb ballot when
there's an election coming up in August, can't ask staff to pull it together under
a tight time crunch. We have a petition process that our bosses can bring to us
if they want this on the ballot.
ROLL CALL MA NO MC NO KC no DE yes, RE yes, DEttl yes, BL yes
Motion carried 4 -3
4 Adjournment to November 2, 2010 at 9 a.m — Noon in the Council
Chambers for Council Budget Review RE /DE moved to adjourn. Meeting
adjourned at 1040 a.m