HomeMy WebLinkAbout03/02/1993 Study Session / Business Meeting 169
CITY OF YAKIMA, WASHINGTON
MARCH 2, 1993
BUSINESS MEETING /STUDY SESSION
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. Mayor
Pat Berndt, presiding, Council Members Clarence Barnett,
Bill Brado, Lynn Buchanan, Skip Semon and Bernard Sims
present on roll call. Council Member Henry Beauchamp absent
and excused. City Manager Zais, City Attorney Vanek, City
• Clerk Roberts, and Deputy City Clerk Skovald also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council
Member Clarence Barnett.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
LIFT Students Anne Iasella and Andy Roberts, were introduced
by Ester Huey, from the Yakima County Substance Abuse
Coalition. - Mayor Berndt welcomed them and invited their
participation.
Mayor Berndt reported that during a meeting this morning,
there was a consensus among Council members to form a citizen
capital improvement advisory committee to review the City's
capital improvement needs and priorities.
Council Member Barnett inquired whether there has been any
action to address the training deficiencies found during the
last FAA inspection. The deficiencies relate to certain
types of training and participation during live fire drills,
and the deadline is March 20th. City Manager Zais stated a
report will be prepared.
Mayor Berndt reported that she, Council Members Buchanan and
Beauchamp, as well as City Manager Zais and City
Attorney Vanek met with West Valley citizens. The discussion
included the sewer surcharge and cost of service study which
was the basis of the surcharge and an explanation given why
the City's service area cannot reach beyond the urban area
service boundary.
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4. CONSENT AGENDA
Mayor Berndt 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 BUCHANAN, THAT THE CONSENT AGENDA, AS
READ, BE ADOPTED. The motion carried by unanimous roll
call vote; Beauchamp absent. (Subsequent paragraphs preceded
by as asterisk ( *) indicate items on the Consent Agenda
handled under one motion without further discussion.)
*5. APPROVAL OF MINUTES OF THE JANUARY 21, 1993 SPECIAL MEETING
The minutes of the January 21, 1993 Special meeting, was
approved, having been duly certified accurate by two Council
members and no one present wishing to have said minutes read
publicly.
6. AUDIENCE PARTICIPATION
Tom Hall, 105 North 28th Avenue, discussed second hand
cigarette smoke and submitted a petition requesting smoking
be banned in buildings open to the public. He urged
consideration be given to an ordinance restricting cigarette
smoking in buildings. Steve Cook, restaurant owner who
resides at 234 North 34th, discussed the positive input from
customers toward the nonsmoking environment of his
restaurant. Council Member Semon commented that the decision
should be an individual choice whether or not to allow
smoking in their restaurant or to choose to solicit a
business that allows smoking. Allen Botsford, 9841 Highway
12, Naches, discussed protecting children against cigarette
smoke and gave an example of other cities banning smoking in
restaurants. Mayor Berndt asked for an update from the
subcommittee that was formed regarding not selling cigarettes
to minors. Marcie Kapps, Program Manager for the American
Lung Association, 901 Summitview, expressed her desire to
lend support to protecting people from the effects of tobacco
smoke, especially second hand smoke. City Manager Zais
commented about a possible State preemption conflict. City
Attorney Vanek provided legal explanation regarding the
broader criteria of this request than is now found in the
Indoor Air Quality Act. At the request of Mayor Berndt,
Community & Economic Development Director Glenn Valenzuela
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described the effects of the ban on smoking legislation in
the City of Sacramento. David Lee, 16 Crest Circle, and Dick
Baxter, 302 East N Street, spoke in favor of the ban on
smoking. Council Member Sims indicated that perhaps the
I/
voters should decide this issue like they did with the
fireworks issue not too long ago. After directing the legal
department to do further research on this issue and Council
Member Brado requesting a comment from either the Chamber of
Commerce or the Restaurant Association, and Council
Member Barnett expressing his opinion regarding too much
government regulation, Mayor Berndt explained that the
consensus was to discuss it further after more information
was gathered.
7. RECONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE
RELATING TO BUSINESSES DEEMED TO BE EXEMPT FROM THE BUSINESS
LICENSE CODE (CONTINUED FROM 2/16/93)
It was MOVED BY BUCHANAN, SECONDED BY BRADO, TO REMOVE
THIS ITEM FROM THE TABLE. The motion carried by
unanimous voice vote; Beauchamp absent.
Bob Shampine, Code Administration Manager, began discussion
regarding the information provided. Council Member Sims
commented that the new ordinance would be redundant. It was
MOVED BY SIMS, SECONDED BY BRADO, TO CONTINUE WITH
THE CURRENT ORDINANCE. The motion carried by 4 -2 voice
vote; Buchanan and Semon voting nay; Beauchamp absent.
*8. PRESENTATION OF POLICE DEPARTMENT 1992 ANNUAL REPORT
The Police Department 1992 Annual Report was accepted.
9. REPORT FROM TRANSIT COMMITTEE REGARDING TEMPORARY TRANSIT
SITE, STATUS OF TRANSIT TRANSFER FACILITY PROJECT AND VIDEO
Bill Schultz, Transit Manager, reported that the staging area
for the transit system has been temporarily relocated,
effective February 15th. Mr. Schultz further reported the
property has been cleared, the underground fuel tanks have
been removed, and final design procedures are underway.
Following a video presentation about the project, Mr. Schultz
was available to respond to Council's questions. Mayor
Berndt commented on the difficulties that have developed
regarding the temporary staging area. In response to a
question from Council Member Barnett, Mr. Schultz explained
that signs were added to alert the public that there is no
longer parking allowed on the west side of City Hall. City
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Manager Zais stated the budget for the facility is just under
$2 million. It was MOVED BY SIMS, SECONDED BY SEMON, TO
ACCEPT , THE REPORT. The motion carried by unanimous voice
vote; Beauchamp absent.
10. RECONSIDERATION OF BUDGET POLICY ISSUE REGARDING WATER RATES
I/
Ty Wick, Water & Irrigation Superintendent, explained some of
the factors impacting the first general operation utility
increase since 1986. He also reviewed the alternatives and
was available to respond to questions.
Mr. Wick briefly summarized Alternative #2 which includes a
26% increase amounting to approximately $2.00 per month or 6
cents per day. Council Member Barnett emphasized that those
figures would apply to an average residential family. The
big user will pay more.
Alternative #3 includes splitting the 26% increase over two
years. The cost would be approximately $1.00 per month or
$24 a year for 1993 with the same increase in 1994. To
answer a question from Council Member Barnett, City
Manager Zais clarified the specific details of this
alternative.
Council Member Barnett suggested his alternative be
considered that would eliminate the $1 million reserve from
the Rattlesnake Creek Dam Project fund, which he provided to
Council. There was discussion among Council members and
staff regarding the origination of the $1 million along with
discussion about the recommendations outlined by Utility Rate
Advisory Board.
There was further discussion among Council members and staff
regarding Irrigation District No. 308, the private water main
issue and the irrigation transfer option. Council Member
Buchanan requested the number of conversions in Irrigation
District No. 308. He asked what effect on the rate increase
does only receiving "costs" from Parks and Schools have.
Referring to those individuals in Irrigation District No. 308
who may have converted to domestic water, Mr. Wick commented
that many times it is done on their own and the City is not
contacted. City Manager Zais suggested sending a survey to
inquire along that line to those who receive an assessment.
Council Member Buchanan suggested evaluating the impact of
charging the schools and parks the full cost rate for water
usage. Council Member Sims expressed concern that the cost
increase may be significant and that it should be studied
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further. Mayor Berndt asked if there was a consensus. It
was indicated that there was a general consensus to consider
Council Member Barnett's alternative, identify individuals in
I/ Irrigation District No. 308 who have converted to domestic
water for irrigation, and evaluate the impact on the School
District and Parks Division if they were charged the full
rate for water usage. It was questionable among Council
members whether the survey should be done. City Manager Zais
explained a decision on 1993 water rates, not including
irrigation rates, should be made, at the latest, by mid -year
1993. This would allow adequate time for Council, staff, and
public review of the proposal. Council Member Buchanan and
Dennis Covell, Director of Engineering & Utilities, discussed
the infiltration issue of District No. 308.
Blaine Gibson, 710 South 22nd Avenue, spoke about the private
water main issue. He indicated a desire to work with the
. City to solve the problem with minimum cost to everybody so
that the water main can be replaced which would end the
continuous leaking.
Council Member Sims asked how many private lines there are.
Mr. Wick explained that there are approximately 24 "known"
water mains scattered throughout the City. There was further
discussion among Council members and staff regarding the
attempts made to solve this problem, along with discussion
about replacement of water lines and water use assessment.
City Attorney Vanek provided legal explanation about a
possible ordinance change that could be required and
discussed the "waste of water" ordinance. City Manager Zais
explained it comes down to essentially two decisions -- a
change in the rules and regulations and the investment by the
City in the purchase and maintenance of the lines or
conversions to new lines with the estimated cost being
approximately $50,000 each year which has been factored into
the rate proposal at 2%. There was further discussion among
Council members regarding who should pay for this and how
much the cost would be.
Dan Arnett, representing the Greater Yakima Chamber of
Commerce, reported there had been a meeting with the City
Water Department. There are several items the Chamber would
like the City to follow through on: (1) The general rate
increase to get the ending fund balance in 1995 back to a
desired position. (2) Terrace Heights water. (3) Irrigation
combinations; and (4) The ending reserve fund balance of the
Rattlesnake Dam Creek Project. He also commented on the
rates the average customer is currently paying and the amount
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of increase the average customer will pay at the end of 1993
if Option #2 is implemented. He requested that figures be
consistent and reflect whether or not the In- Lieu -Of Tax
increase will be implemented.
11. REVIEW OF DRAFT COMMUTE TRIP REDUCTION ORDINANCE
John Elsden, Senior Project Planner, described the Commute
Trip Reduction (CTR) Plan, which was mandated by the State
Legislature in 1991 for certain cities and counties. The
purpose is to develop plans and programs to reduce Single
Occupancy Vehicle (SOV) rates along with Vehicle Miles
Traveled (VMT) by employees employed by certain large major
employers. This Act was passed in order to reduce auto
emissions and associated air pollution, traffic congestion,
and energy use. Mr. Elsden explained the draft plan
essentially follows the commute trip reduction legislation in
the model ordinance except for SOV rates. Area employers
surveyed felt the SOV goals were too high, so they have been
reduced. Mr. Elsden explained that the legislation suggests
cities and counties may have civil penalties for
noncompliance, but there have been no penalties included in
the draft plan. Mr. Elsden reviewed some of the employer
requirements in the plan. In order to answer a question from
Council Member Barnett, Mr. Elsden explained that major
employers are supposed to have their SOVs and VMTs reduced by
1995 and other goal years. It is necessary to begin now so
that there is time to reach the goals. There was discussion
among Council members and staff about available options, how
to set the goals, and the funding available to help meet
those reductions and implement the plan. Mr. Elsden listed
the major employers within the city limits. Council Member
Barnett commented that the verbiage in the proposed ordinance
is hard to understand, confusing and doesn't make sense.
Mr. Elsden explained there will be public service
announcements to help notify employers.
Susan Billings, with the Air Quality Program at the
Department of Ecology, explained how the Compute Trip
Reduction Ordinance relates to the air quality issue that the
Washington State Department of Ecology and the Federal
Environmental Protection Agency are working on in the Yakima
area. She explained that since the Yakima area is a
nonattainment area in a transition status for carbon
monoxide, the DOE has to submit a maintenance plan to the EPA
explaining, not only how the carbon monoxide levels will not
increase, but how the levels will be kept down for the next
10 to 20 years. Pointing out the importance of the efforts
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toward SOV trip reduction goals, Ms. Billings explained that
it, along with the fleet turnover statistics, should be
enough to calculate and show through modeling that this area
will stay below the design standard for carbon monoxide. She
explained the DOE was hoping to utilize this information to
show EPA that the carbon monoxide levels can be maintained
below the standard without having to utilize other measures
such as oxygenated fuels and emissions testing. Ms. Billings
expressed two areas of DOE concern -- the lower goals for
reducing SOVs and the weaker enforcement of penalties for
nonparticipation. She briefly explained how each of these
decisions will affect the federal maintenance plan.
Ms. Billings further explained one reason SOV goals and VMT
goals are important is because if the trip can be eliminated
once in a while, carbon monoxide pollution is reduced because
80 percent of the pollution occurs during the cold start of
the vehicle. Since the goals have been set lower, she is not
sure EPA can be convinced that this would indeed maintain the
area. The Federal Government will not accept a
nonenforceable ordinance as part of the maintenance plan.
Mayor Berndt asked if not having a penalty clause is what is
meant by unenforceable. Ms. Billings explained that, if she
understood the law correctly, the enforceable provisions can
be whether a company is trying to meet the goals, not whether
they actually meet the goals. She further stated that if the
ordinance passes as written, DOE would need to rethink
strategies. In order to keep this area in attainment for
carbon monoxide, it could be recommended to utilize the next
most effective strategies, such as a vehicle emissions
testing program and oxygenated fuels. Mayor Berndt commented
that it would be a lot easier to put a penalty clause in for
not trying than it would be to submit people to vehicle
testing and oxygenated fuel, or not allowing any new industry
in the area due to noncompliance with the Clean Air Act. She
commented that more facts are needed before action can be
taken and directed staff to obtain additional information by
March 16th for further review. Mayor Berndt requested
exactly what DOE and EPA would accept so that the situation
does not get any worse. There was further discussion among
Council members and staff about increasing the SOV rates and
putting a- penalty provision in the ordinance. Glenn
Valenzuela, Director of Community & Economic Development,
encouraged working with the business community. John Vanek
and Sharon Carberry, provided legal explanation regarding the
penalty provisions of the proposed ordinance. City Manager
Zais explained that the March 16th deadline can be changed.
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Local area employers who spoke about this issue were:
Barry Laduke, Northwest Windows and Patio Doors (formerly
Northwest Aluminum Products) and Barbara Dellinger, Yakima
Valley Community College.
12. OTHER BUSINESS
After brief discussion, it was MOVED BY SEMON, SECONDED
BY SIMS, TO APPOINT DONNA WEST TO THE COMMUNITY
PROGRAMMING ADVISORY COMMITTEE. The motion carried by
unanimous voice vote; Beauchamp absent.
City Manager Zais reported on the AWC legislative session
attended by some staff and Council members and the upcoming
NLC conference. He informed Council about some Federal
issues which would impact the City of Yakima.
There was a general consensus among Council members to not
meet next week unless necessary since three Council members
will be out of town.
Information Items:
Items of information supplied to Council were: Dangerous
Building Notice and Order regarding Washington National Guard
Armory, 202 So. 3rd Street. 3/1/93; Letter from TCI
Cablevision of Yakima Valley regarding rate and service level
adjustments. 2/15/93; Metropolitan Yakima Comprehensive
Plan Status Report; 3/1/93; Rebound Plus Monthly Report for
February 1993; Office of Housing and Neighborhood
Conservation Report for January 1993; Annexation Status
Report for February 1993; Yakima County Development
Association Month Report for February 1993; Legal Department
Monthly Report for January 1993; Assignments Pending in
Office of Environmental Planning as of March 2, 1993; Agenda
for March 4, 1993 City of Yakima Charter Civil Service
Commission meeting; Agenda for the February 24, 1993 Yakima
Housing Authority meeting and minutes of its December 16,
1992 meeting; Public Notice from Department of Ecology
regarding public comment period pertaining to tentative
decision to exclude creosote - treated wood waste from the
requirements of the Dangerous Waste Regulations; Washington
State Tourism Bulletin; February 1993; Advertisement of
Yakima Valley which appeared in Orange County and L.A.
business journals on January 26, 1993; and Article from
February 1993 Planning, "California Sweet -talks its Way into
Affordable Housing."
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13. EXECUTIVE SESSION REGARDING PENDING LITIGATION, PROPERTY
ACQUISITION AND COLLECTIVE BARGAINING
It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE
INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING
PENDING LITIGATION, PROPERTY ACQUISITION, AND
COLLECTIVE BARGAINING TO BE FOLLOWED BY ADJOURNMENT
TO MARCH 16, 1993, AT 11:30 AM AT THE CONVENTION
CENTER FOR EXECUTIVE SESSION (CITY MANAGER
EVALUATION). The motion carried by unanimous voice vote;
Beauchamp absent.
14. ADJOURNMENT
Following the conclusion of the Executive Session, the
meeting adjourned at 6:08 p.m.
READ AND CERTIFIED ACCURATE BY:
CIUNCIL MEMBER D TE
A ez, r /. ��' / I ,: I / 74
COUN IL MEM:f DATE
ATTEST:
CITY CLERK MAYOR
MINUTES PREPARED BY DEPUTY CITY CLERK SKOVALD.
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