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HomeMy WebLinkAbout09/15/1992 Business Meeting 447 CITY OF.,YAKIMA, WASHINGTON SEPTEMBER 15,' 1992 BUSINESS MEETING I/ 1. ROLL CALL The City Council met in session on this date at 2:00 P.M. in the Council Chambers of City Hall, Yakima, Washington. Assistant Mayor Lynn Buchanan, presiding, Council members Clarence Barnett, Henry Beauchamp, Bill Brado, Skip Semon and Bernard Sims present on roll call. Mayor Pat Berndt absent and excused. Assistant City. Manager Rice, City Attorney Vanek, and City Clerk Roberts also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Beauchamp. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Wendy Warren, Cable Communications Manager, reported she heard the City won the first place award for best government access center in the U.S. with a population under 100,000 and took second place in creativity in government programming. The awards were given at the National Association of Telecommunication Officers and conference. A. PROCLAMATIONS (if applicable) 4. CONSENT AGENDA Assistant Mayor Buchanan referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY SEMON, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote; Berndt absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) • I/ *5. APPROVAL OF MINUTES OF THE JULY 14, 1992 BUSINESS MEETING The Council minutes of the July 14, 1992 Business meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPATION None. 448 SEPTEMBER 15, 1992 7. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION AND DEBRIS PROGRAM Bob Shampine, Code Administration Manager, reported that 901 So. 23rd Avenue could be removed from the list. There being no citizen present wishing to speak to this issue, and Resolution No. D -6185 having been read by title, it was MOVED BY SIMS, SECONDED BY BEAUCHAMP, THAT THE RESOLUTION BE ADOPTED. The motion carried by unanimous roll call vote; Berndt absent. RESOLUTION NO. D -, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. 8. REPORTS FROM LEGAL DEPARTMENT /CABLE TV REGARDING: A. CONTENT RESTRICTION ON YCTV PROGRAMMING Wendy Warren, Cable Communication Manager, and Jeff West, Assistant City Attorney, were present to respond to questions. Council Member Barnett commented about a previously suggested community standards board, which after the legal review, appears may leave the City and individual council members liable for two types of damages if a court decision went against the City. Mr. West concurred that if the City were to be found in violation of an individual's constitutional rights, it could subject the City and policymakers to that liability. The City could be held liable for 1) actual damages; 2) plaintiff could recoup their costs and attorney fees; and 3) punitive damages. Council Member Beauchamp asked about the risks involved if the City were to screen out shows which might be vulgar or obscene. Mr. West stated a wholesale prohibition of any nature on protected speech would not meet the Miller Standard for obscenity. The other party would win since it would be a willful violation. City Attorney Vanek stated the Council has indemnity insurance through the City. Staff discussed the options available to the public: a lock box (trap), changing the channel, and YCTV could "flag" the program that it may contain adult language. Gary Bailey, TCI Cable Manager, reported the company does not have the "traps" as yet, but it could be made available to I/ the customers. Council Member Beauchamp stated he would like to have this information sent to additional clergy and church groups to see if there is any support from them for restrictions on 2 449 SEPTEMBER 15, 1992 programming at YCTV. Council Member Semon questioned if the I/ Council has any authority to supersede the First Amendment. Following further discussion regarding deferring action on this issue, it was MOVED BY BEAUCHAMP, SECONDED BY BARNETT, TO DELAY ACTION ON THIS FOR TWO WEEKS TO MAIL THIS TO SOME OF THE CLERGY AND OTHER INTERESTED CITIZENS THAT MAY DESIRE TO COME AND HEAR WHAT WE HAVE HEARD TODAY ON THE RESTRICTIONS SO THEY WOULD KNOW. Jamie McMurry, 807 S. 13th Avenue, stated he is a community producer, and if people don't like what is being played, they can change the channel. The question was called for a vote on the motion. The motion carried by 4 -2 roll call vote; Semon and Sims voting nay; Berndt absent. Council Member Semon stated he could not vote for anything that could be an abridgement of civil rights. Council Member Barnett stated that citizens should be given an opportunity to give their opinions to Council on this issue. Assistant City Manager Rice reported there is no Council meeting scheduled in two weeks. The earliest this issue could come back is October 6th. B. CONGRESSIONAL ACTION ON CABLE RE- REGULATION Wendy Warren stated Congressional action is seeking to re- regulate cable tv. Prior to the meeting she submitted draft letters addressed to the Yakima Herald Republic Editor and to Congress supporting this legislation. The legislation would return some form of basic rate regulation to the FCC and would establish national customer service standards. The legislation would also permit local jurisdictions to establish stricter customer service standards. Council Member Barnett expressed concern about being asked to support an issue without first being fully briefed about the subject. Gary Bailey, TCI Manager, stated the legislation is not just re- regulation of cable TV rates, and it's not just competition. There is a new pass- through provision which would allow people to purchase programs without being a cable 1/ TV subscriber. He asked Council, prior to making a decision on whether staff should send a letter to Congress, to review the additional information he distributed. It was MOVED BY BARNETT, SECONDED BY SIMS, THAT THIS BE TABLED FOR ONE WEEK TO GIVE COUNCIL AN OPPORTUNITY TO READ THE LETTERS. The motion carried by 5 -1 voice vote; Buchanan voting nay; Berndt absent. 3 4 5, o. i SEPTEMBER 15, 1992 9. REPORT ON STATUS OF SOLID WASTE ADVISORY COMMITTEE ACTIVITIES AND RECYCLING PROGRAM Nancy Gaudette, Refuse and Recycling Manager, commented this is a status report on the activities of the Solid Waste Advisory Committee. She reported that at the Committee meeting this Thursday, the Committee will not be voting on whether the recycling program should be a curb -side or drop - off program. After commenting the RCW provides that the Advisory Committee makes recommendations to the governing entities who will make the final decision, Council Member Barnett expressed concern about a statement on the Agenda Statement which says the Advisory Committee has decided that boundary changes would be made by the cities. He stated the Committee went beyond the scope of their authority. They should not be delegated with any such final approval. If Council accepts this report, he would like to see that acceptance of the report does not mean support of this issue. He further commented that the Committee's emphasis is reversed from what the RCW states. The Matrix study, performed by the City's consultant, indicates the City should be looking at the least costly method of recycling, however, the Committee is considering the most costly method, which also provides for the least reduction in waste stream. Ms. Gaudette stated that Yakima County would like the two entities' consultants to work more closely together to eliminate these types of conflicts. Assistant Mayor Buchanan stated he is interested in the cost of recycling to the consumer. He commented the City and County prices for curbside don't even match. Ms. Gaudette stated the reason for the discrepancy between the City and County is because of the fact that if there was a contract for collection within the City, it would be more costly due to a smaller service area. If we did it as a whole, the price could be reduced. Council Member Beauchamp indicated the City should be learning by studying other jurisdiction's plans, including their mistakes. Scott Robertson, Yakima Waste System, spoke about the recycling program his company does in Auburn. It was MOVED BY BARNETT, SECONDED BY SEMON, TO ACCEPT THE REPORT, WITH RESERVATIONS. The motion carried by unanimous vote; Berndt absent. 10. REPORT FROM WATER DIVISION REGARDING WATER CONSERVATION POLICY PROPOSALS I/ Ty Wick, Water and Irrigation Superintendent, stated this issue was originally brought to Council in June with the idea of shutting down the irrigation season earlier than normal. 4 �.. 4 5 1 SEPTEMBER 15, 1992 Upon the early closure, staff would prepare a letter to the 1/ Bureau of Reclamation requesting that any water savings resulting from this action be held in storage for the 1993 irrigation season. He also looked at a conservation plan involving consol- idation of the six existing water diversions providing irrigation service within and adjacent to the City boundaries. Reduction of the diversion of the fish streams could reduce costs elsewhere. He stated this idea is still in its preliminary stage and if Council so desires, he will continue to pursue this. It was the consensus of the Council to consider the two issues separately. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO ACCEPT THE EARLY IRRIGATION SEASON CUT OFF TO OCTOBER 1, 1992. The motion carried by unanimous voice vote; Berndt absent. • Council Member Barnett stated he would like to have the second subject come back to Council in greater detail. What does staff have in mind on the transfer of water rights? What can be accomplished in that regard until completion of the Acquavella case. It was MOVED BY BARNETT, SECONDED BY SEMON, THAT STAFF COME BACK AT A LATER DATE IN GREATER DETAIL ON THE ASPECT OF THIS AGENDA ITEM. The motion carried by unanimous voice vote; Berndt absent. 11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH SOUTHEAST COMMUNITY CENTER AT WORK It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO DEFER THIS ITEM UNTIL THE OCTOBER 6TH MEETING. The motion carried by unanimous voice vote; Berndt absent. *12. CONSIDERATION OF RESOLUTION AUTHORIZING INTERFUND LOAN FROM EQUIPMENT RENTAL TO PARKS AND RECREATION "RESOLUTION NO. D -6186, A RESOLUTION authorizing an interfund loan from 551 - Equipment Rental Fund to the 331 -Parks Capital Fund, and providing for repayment. *13. SET DATE OF PUBLIC HEARING FOR OCTOBER 13, 1992 FOR VOELKER I/ AVENUE /KING STREET ANNEXATION October 13, 1992 was set as the date of public hearing for the Voelker Avenue /King Street annexation. *14 -. APPROVAL OF BUDGET REPORT FOR AUGUST 1992 The Budget Report for August 1992 was approved. 5 452 SEPTEMBER 15, 1992 15. CONSIDERATION OF ORDINANCE INCREASING CITY UTILITY IN- LIEU -OF TAX FOR PARKS FOR ONE YEAR Ordinance No. 3488 having been read by title, it was MOVED BY SIMS, SECONDED BY SEMON, THAT THE ORDINANCE BE PASSED. The motion carried by 4 -2 roll call vote; Barnett and Brado voting nay; Berndt absent. ORDINANCE NO. 3488, AN ORDINANCE relating to licenses and business regulations; relating to occupation taxes on water supply businesses; relating to water, sewer, and garbage revenue tax; increasing tax rates applicable to sewer service receipts and public and private water and refuse business receipts; amending Subsections 4.16.180C and 7.64.O10C and Sections 5.50.060 and 7.64.020, all of the City of Yakima Municipal Code. *16. CONSIDERATION OF ORDINANCE APPROVING THE REZONE OF PROPERTY REQUESTED BY SUPERCOLD STORAGE ORDINANCE NO. 3489, AN ORDINANCE relating to zoning; rezoning 2.0 acres of land located near North 21st Avenue and River Road in the City of Yakima, Washington from Single- Family Residential (R -1) to Light Industrial (M -1); and amending the zoning map of the City of Yakima. *17. CONSIDERATION OF ORDINANCE PROVIDING FOR RE -AWARD OF BID CONTRACTS UPON FAILURE OR REFUSAL TO ENTER INTO OR COMPLETE THE CONTRACT ORDINANCE NO. 3490, AN ORDINANCE relating to administration, providing for re -award of bid contracts upon failure or refusal to enter or complete the contract, and adding a new Section 1.80.035 of the City of Yakima Municipal Code. 18. OTHER BUSINESS Executive Session It was MOVED BY SIMS, SECONDED BY SEMON, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PROSPECTIVE LITIGATION, FOLLOWED BY IMMEDIATE ADJOURNMENT. The motion carried by unanimous voice vote; Berndt absent. Information Items: Items of information supplied to Council were: Memo from Administrative Assistant to the City Manager regarding 6 SEPTEMBER 15, 1992 Legislative Meetings for the Month of September. 9/9/92; Memorandum from City Attorney regarding Damage Claims Referred to Insurance Company. 9/3/92; Memorandum from State Department of Transportation regarding Rescheduled Wenatchee Concurrency Workshop. 8/24/92; Memorandum from County Director of Planning /Special Projects regarding Meeting of County -Wide Planning Policy Committee. 9/2/92; Legal Department Monthly Status Report for July 1992; Notice of Model Toxics Control Act Conference. 9/8/92; and Agenda for the September 14, 1992 Parks & Recreation Commission meeting and minutes of itsAugust 10, 1992 meeting. 19. ADJOURNMENT Following the completion of the Executive Session, the meeting adjourned at 3:48 p.m. , . READ AND CERTIFIED ACCURATE BY: / 1 �3 3 AL 1, A CO C MEM'E• DA E A: CO Pr ' EMBE • DATE ATTEST: /0}1_.v.-„....." -rim 4 c v► 22� /' CITY CLERK 7