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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. MIN3.2 170 MARCH 2, 1993 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 MIN3.2 2 171 MARCH 2, 1993 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 MIN3.2 3 172 MARCH 2, 1993 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 MIN3.2 4 173 MARCH 2, 1993 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 MIN3.2 5 174 MARCH 2, 1993 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 MIN3.2 6 175 MARCH 2 , 1993 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. MIN3.2 7 176 MARCH 2, 1993 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." MIN3.2 8 177 MARCH 2, 1993 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. MIN3.2 9