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.
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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
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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.
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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.
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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.
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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
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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.
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READ AND CERTIFIED ACCURATE BY: / 1 �3 3
AL 1, A CO C MEM'E• DA E
A:
CO Pr ' EMBE • DATE
ATTEST:
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CITY CLERK
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