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HomeMy WebLinkAbout04/06/1999 Business Meeting 435 CITY OF YAKIMA, WASHINGTON APRIL 6, 1999 • BUSINESS MEETING 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 John Puccinelli, presiding. Council Members Clarence Barnett, Henry Beauchamp (present after 2:15 p.m.), Lynn Buchanan, John Klingele, and Mary Place present on roll call. Council Member Bernard Sims absent and excused. City Manager Zais, City Attorney Paolella, and City Clerk Roberts were also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE Mayor Puccinelli gave an Invocation, then led the Pledge of Allegiance. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) • BICYCLE SAFETY MONTH Mayor Puccinelli proclaimed April 1999 as Bicycle Safety Month, urging all citizens to take a protective stand concerning bicycle safety. • IOO ANNIVERSARY OF THE VETERANS OF FOREIGN WARS Council Member Barnett read a proclamation recognizing the 100 Anniversary of the Veterans of Foreign Wars (VFW). Council Member Place recognized two Boy Scouts in the audience, attending the meeting as part of their citizenship class. 4. CONSENT AGENDA • Mayor Puccinelli referred to the items placed on the Consent I/ Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. It was the general consensus of the Council to remove Items Nos. 24 and 27 and to add Item No. 8 to the Consent Agenda. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY BUCHANAN, SECONDED BY KLINGELE, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call. vote; Sims absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on 436 APRIL 6, 1999 the Consent Agenda handled under one motion without further discussion.) • *5. APPROVAL OF MINUTES OF THE MARCH 16, 1999 ADJOURNED AND BUSINESS MEETINGS AND FEBRUARY 16, 1999 AMENDED ADJOURNED MEETING The minutes of the March 16, 1999 Adjourned and Business meetings, and the amended minutes of the February 16, 1999 Adjourned meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. PUBLIC HEARING TO CONSIDER 108 LOAN APPLICATION FOR THE GREAT WESTERN BUILDING REDEVELOPMENT PROJECT This hearing was canceled due to withdrawal of the application. 7. AUDIENCE PARTICIPATION J. B. Meyer, Deloris Boaz, 102 Gilbert Drive; Dorothy Rose, 616 South 17 Avenue; spoke in opposition to the proposal to fluoridate the City's domestic water. Information was submitted to support their position. *8. APPROVAL OF FEBRUARY 1999 REVENUE AND EXPENDITURE (BUDGET) REPORT The Council approved the Revenue and Expenditure report for February 1999. *9. CONSIDERATION OF RESOLUTION APPROVING PURCHASE OF PERSONAL ALERT SAFETY SYSTEM (PASS) DEVICES WITHOUT CALLING FOR BID RESOLUTION NO. R- 99 -35, A RESOLUTION authorizing the Yakima Fire Department to purchase Personal Alert Safety System (PASS) devices with funds approved in the 1999 Fire Department Capital Budget. *10. CONSIDERATION OF RESOLUTION SUPPORTING FEASIBILITY STUDY FOR RAIL PASSENGER SERVICE FOR EASTERN WASHINGTON RESOLUTION NO. R- 99 -36, A RESOLUTION supporting feasibility study for rail passenger services for Eastern Washington. *11. CONSIDERATION OF RESOLUTION MODIFYING TRANSIT FARES TO ALLOW A FREE DAY PASS TO GROUPS INVOLVED IN COMMUNITY SERVICE PROJECTS RESOLUTION NO. R- 99 -37, A RESOLUTION modifying the Transit System fare structure to allow provision of a Day Pass at no charge to individuals participating in community service activities. 2 437 APRIL 6, 1999 *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF MODIFICATION TO PROFESSIONAL SERVICES CONTRACT WITH HUIBREGTSE LOUMAN ASSOCIATES FOR LAKE ASPEN BUS TURNAROUND PROJECT RESOLUTION NO. R- 99 -38, A RESOLUTION authorizing the City Manager to execute a document modifying the professional services agreement with Huibregtse, Louman Associates, Inc. to provide for additional landscape architectural services for a bus turnaround project. at Lake Aspen Office Park. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES CONTRACT WITH DAVIS, OPFER AND RAAB FOR FIRE STATION NO. 1 REMODEL RESOLUTION NO. R- 99 -39, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an architectural services agreement with Davis Opfer Raab Architecture, P.L.L.C., to develop specifications for and oversee construction activities regarding certain improvements to the sleeping quarters of Fire Station No. 1, 401 North Front • Street, Yakima, Washington. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO THE CONTRACT WITH ELECTRIC LIGHTWAVE, INC. RESOLUTION NO. R- 99 -40, A RESOLUTION authorizing the Mayor to execute a Temporary License Agreement with Electric Lightwave, Inc., a -Delaware corporation, which authorizes Electric Lightwave, Inc. to occupy City of Yakima rights -of -way in order to construct, operate and maintain a telecommunications network in the City of Yakima, Washington. *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE SOFTBALL ASSOCIATION RESOLUTION NO. R- 99 -41, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Softball Association to provide a fastpitch softball program for the community. I/ *16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH YAKIMA COUNTY FOR SENIOR CENTER SITE USE RESOLUTION NO. R- 99 -42, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a " Yakima Senior Citizen Center Site Use Agreement" with Yakima County to provide food and nutrition services at the Yakima Senior Citizen Center. 3 438 APRIL 6, 1999 *17. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE YAKIMA VALLEY UMPIRE ASSOCIATION RESOLUTION NO. R- 99 -43, A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement with the Yakima Valley Umpires Association for the purpose of obtaining officiating services for the organized softball program of the City of Yakima. *18. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF JAIL DETENTION AGREEMENT WITH THE DEPARTMENT OF CORRECTIONS RESOLUTION NO. R- 99 -44, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Corrections /Detention Agreement with Yakima County for the provision of jail detention services during 1999. *19. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE DEPARTMENT OF ARMY FOR UTILIZATION OF THE FIRING CENTER FOR WEAPONS TRAINING RESOLUTION NO. R- 99 -45, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a license agreement with the Department of the Army to utilize a firing range at the Yakima Training Center. *20. CONSIDERATION OF RESOLUTION RATIFYING EXECUTION OF FAA GRANT APPLICATION FOR YAKIMA AIR TERMINAL BUILDING REHABILITATION PROJECT RESOLUTION R- 99 -46, A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY ratifying an Application for Federal Assistance and Standard DOT Title VI Assurances, and authorizing the execution and acceptance of a Gran€ Agreement for Federal Assistance and Certificate of Sponsor's Attorney between the Federal Aviation Administration and the City of Yakima and Yakima County. *21. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT WITH THE CITY OF LYNNWOOD RESOLUTION NO. R- 99 -47, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with City of Lynnwood. 4 439 APRIL 6, 1999 *22. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF AGREEMENTS FOR HEARING EXAMINER SERVICES WITH: A. PHIL LAMB FOR HEARING EXAMINER SERVICES RESOLUTION NO. R- 99 -48, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Professional Services Contract between the City of Yakima and Phillip A. Lamb as the City of Yakima Hearing Examiner. B. PATRICK SPURGIN FOR HEARING EXAMINER PRO TEM SERVICES RESOLUTION NO. R- 99 -49, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Professional Services Contract between the City of Yakima and Patrick D. Spurgin as the City of Yakima Hearing Examiner Pro Tem. *23. SET DATE OF PUBLIC MEETING FOR APRIL 20, 1999 TO CONSIDER HEARING EXAMINER RECOMMENDATION ON REZONE OF PROPERTY AT 1117 & 1119 LEDWICH AVENUE, REQUESTED BY SHIELDS BAG AND PRINTING April 20, 1999 was set as the date of public meeting to consider the Hearing Examiner's recommendation regarding an application to rezone property at 1117 and 1119 Ledwich, as requested by Shields Bag and Printing. 24. SET DATE OF PUBLIC HEARING FOR MAY 4, 1999 TO CONSIDER PROPOSAL TO ELIMINATE FREE FIXED ROUTE SERVICE FOR DIAL -A -RIDE CUSTOMERS It was MOVED BY PLACE, SECONDED BY BUCHANAN, TO TABLE THIS ITEM UNTIL WE HAVE COMPLETED OUR RECERTIFICATION OF THE DIAL -A -RIDE ELIGIBILITY PROCESS. The motion carried by unanimous voice vote; Sims absent. 25. CONSIDERATION OF ORDINANCE AMENDING THE CODE ENFORCEMENT PROCEDURES Larry Peterson, Assistant City Attorney, briefly summarized the most recent revisions to the Alternate Draft Ordinance. The revision clarifies the definition of " quorum" , as well as other concepts discussed during the study session on March 2, 1999. Jerry Henderson and Lynne Kittelson, members of the Code Enforcement Committee, urged the Council to pass the ordinance. They both agreed that future changes to the ordinance are inevitable. Mr. Henderson indicated his preference to have four members present to make a quorum on a seven- member board. He also disagreed with the 30 -day time frame allowed for each level 5 440 APRIL 6, 1999 of appeal; he feels the total appeal process should only take 60 days. After continued discussion about the suggested revisions, the Alternate Draft Ordinance was read by title only. It was MOVED BY KLINGELE, SECONDED BY PLACE, TO PASS THE ORDINANCE. It was MOVED BY PLACE, SECONDED BY BUCHANAN, TO AMEND THE ORDINANCE TO INCLUDE ANOTHER REVIEW IN ABOUT A YEAR FROM NOW TO DETERMINE ANY NECESSARY CHANGES THAT WOULD ACHIEVE THE INTENT OF THE ORDINANCE. The motion carried by unanimous voice vote; Beauchamp temporarily absent; Sims absent. It was MOVED BY BARNETT, SECONDED BY BUCHANAN, TO AMEND THE ORDINANCE TO DELETE THE SENTENCE BEGINNING ON LINE 340, "A QUORUM SHALL CONSIST OF AT LEAST THREE MEMBERS ..." AND TO ADD "FOUR MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM, OR A MAJORITY OF THE MEMBERS PRESENT...." Council Member Klingele pointed out that after two vacancies, the majority of the members are different; after four vacancies you cannot hold a meeting. City Manager Zais noted that the definition is exactly the same as in the City Council Rules. The question was called for a vote on the motion. The motion carried by unanimous voice vote; Sims absent. It was WAS MOVED BY BEAUCHAMP, SECONDED BY PLACE, TO AMEND THE ORDINANCE ON LINE 233, SECTION 11.10.310, TO ADVISE PROPERTY OWNERS OF RESOURCES AVAILABLE WITHIN THE CITY OR COMMUNITY THAT MAY BE AVAILABLE TO CORRECT CODE VIOLATION CONDITIONS. The motion carried by unanimous voice vote; Sims absent. The question was called for a vote on the'motion as amended. The motion carried by unanimous roll call vote; Sims absent. Mayor Puccinelli and Council Member Place thanked the committee for all their work revising the code enforcement process. Council Member Barnett commended the Legal Department for taking the conceptual work of the committee and putting it into a form that is workable. ORDINANCE NO. 99 -15, AN ORDINANCE relating to residential and other property maintenance, and providing for a new chapter 10 to be added to Title 11 of the Yakima Municipal Code to implement the process and acquire the powers authorized by Chapter 35.80 RCW to address conditions which render dwellings, buildings, structures and other premises unfit for human habitation and other uses. 26. CONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR 911 CALL - TAKERS RECLASSIFICATIONS Carol Bates, Chief Examiner, provided background information about the 911 Calltakers' reclassification study. To briefly summarize, the 911 Calltakers submitted the application; the Chief Examiner declined it; then the Calltakers appealed her decision to the Civil Service Commission; and the Commission recommended that the entry level position, Calltaker I, would remain at the original pay allocation; however, a journeyman 6 441 APRIL 6, 1999 level class specification, Calltaker II, would be added at a pay range of 10.0. There would be no probationary period when promoted to the Calltaker II position. Council members raised some questions and requested clarification about several issues, including whether or not there is a substantial change in the duties of the job. They were also interested in whether a change in duties is the same as an increase in the volume of work. Ms. Bates noted that the Calltakers did not have that drastic of a change that is essential for a reclassification. Paul McMurray, Assistant City Attorney, spoke on behalf of management; he noted that a reclass is only justified when there has been a significant change in job duties., In this case, it is the feelings of management that there has not been any change in duties; the class specification includes the exact job description that was originally negotiated in 1996; that this position is properly classified; and this matter is a pay issue. Mr. McMurray pointed out that a pay issue by itself, such as the level of compensation in question, is beyond the reclassification standard. It is a matter for collective bargaining and is not within the jurisdiction of the Civil Service Commission. Police Chief Belsio, Fire Chief Gillespie, and Wayne Wantland, Public Safety Communications Division Manager, provided their perspectives about the reclass process and pointed out that the difference is experience and incentive to handle the type of calls, not a change in the duties. Bev Warren, Civil Service Commissioner, explained the reasoning behind the Commission's recommendation to revise the 911 Calltaker position. Basically, the class specification should include two levels, Calltaker I and Calltaker II, instead of being outlined in a combined summary. Ms. Warren also answered several questions from the Council and staff about the duties of the position, including certification requirements for the proposed Calltaker II eligibility. The Council then discussed the expectations of the position, which are different now at the present facility, than when the 911 Operation was at Fire Station No. 1. There was also a considerable amount of discussion concerning the lateral transfer and transition process that took place changing Calltakers employed by Yakima County to City of Yakima employees. Tom Barrington, AFSCME District Representative, and Jeff Sampson, AFSCME President, outlined the Union's perspective of the situation involving the reclassification as it relates to the timing of negotiations in the collective bargaining process during the fall of 1998. They feel the job description is unrealistic and the County employees had limited choices in the matter. Robert Calhoon, Ernest George, and Carl Milett, 911 Calltakers, disagreed that there is job progression within the 7 44.2 APRIL 6, 1999 911 Calltaker position. They noted specific differences within the class specification and described specific situations where the Calltaker utilizes advanced independent observation skills to determine the nature of the emergency call. Those skills • develop with on- the -job experience. They also noted a large turnover in 911 Calltakers, citing stress on the job as the basis. They spoke in favor of the reclassification and urged the Council to accept the Civil Service Commission's recommendation to revise the 911 Calltaker position. They requested that a citizen's action committee be appointed to review the reclassification study and make a recommendation. They would like to see a defined career progression with promotional opportunities providing similar pay for jobs with similar •difficulty. There was discussion among Council and staff concerning the promotional opportunities available through the open competitive examination process. The 911 Calltaker position is a promotional position. City Manager Zais recognized the good job that the Calltakers perform on a daily basis to serve the public. He wants to ensure that the employees are treated fairly and properly, but indicated that this reclassification request does not meet the threshold for a reclassification. He also noted that this issue could be converted to the negotiations process depending on the particular options within the current collective bargaining agreement. It was MOVED BY KLINGELE TO PASS THE ORDINANCE TO ACCEPT THE CIVIL SERVICE RECOMMENDATION. The motion died for a lack of a second and no further action was taken. 27. CONSIDERATION OF ORDINANCE PROHIBITING THE SALE OR POSSESSION OF CONCEALED KNIVES Police Chief Blesio urged the Council to adopt the ordinance which would incorporate situations of concealment and make it a violation to possess concealed knives. There was discussion about the different examples of weapons and how they are camouflaged as other items. This ordinance prohibits the sale of these items prior to the ordinance taking effect, and those who sell this merchandise will be notified. Ordinance No. 99 -16 having been read by title only, it was MOVED BY BEAUCHAMP, SECONDED BY KLINGELE, TO PASS THE ORDINANCE. The motion carried by unanimous voice vote; Sims absent. Council Member Buchanan asked if the Scottish sgian dubh, which is carried in a stocking, would be against the law. ORDINANCE NO. 99 -16, AN ORDINANCE relating to public safety and morals; prohibiting the sale of concealed knives, and amending section 6.44.040 of the City of Yakima Municipal Code. 8 443 APRIL 6, 1999 *28. CONSIDERATION OF LEGISLATION RELATING TO PRE - HOSPITAL PARTICIPATION GRANT: A. RESOLUTION ACCEPTING GRANT FROM THE STATE DEPARTMENT OF HEALTH FOR TRAUMA CARE RESOLUTION NO. R- 99 -50, A RESOLUTION authorizing the Yakima City Manager to accept a " Prehospital Participation Grant" check for $1,200 from the State of Washington, Department of Health, Office of Emergency Medical and Trauma Prevention. These funds, described in the " Trauma Care Service Funding Act of 1997" , are distributed to verified agencies for expenditures made for the purposes of the state trauma care system. B. FIRST RENDING OF ORDINANCE AMENDING THE 1999 BUDGET AND APPROPRIATING FUNDS INTO THE EMERGENCY SERVICES FUND (NO ACTION REQUIRED THIS MEETING; SECOND READING SCHEDULED FOR 4/20/99) • An Ordinance amending the 1999 budget and appropriating funds within the 150 - Emergency Services Fund to purchase trauma equipment, having been read by title only, was laid on the table for two weeks, until April 20, 1999. *29. FIRST READING OF ORDINANCE AMENDING THE 1999 BUDGET AND MAKING APPROPRIATIONS FOR 1998 ENCUMBRANCES (NO ACTION REQUIRED THIS MEETING; SECOND READING SCHEDULED FOR 4/20/99) An Ordinance amending the 1999 budget and appropriating funds for 1998 Year -End Encumbrances, having been read by title only, was laid on the table for two weeks, until April 20, 1999. 30. OTHER BUSINESS Council Member Klingele described some new duties of the Tri- County Water Resources Agency. Instead of just planning, their role will include implementation and priority review of salmon enhancement programs funded by federal and state government. There already: exists a degree of expertise from various members of the different counties throughout the state, making this a perfect entity to assume these tasks. It was MOVED BY PLACE, SECONDED BY BUCHANAN, TO APPOINT JOE MORRIER, JR.; STEVE CAFFREY, DON MOEN; AND DEAN NADEAU TO THE DARC COMMITTEE. The motion carried by unanimous voice vote; Sims absent. Staff was directed to forward this information on to the DARC Committee. Information Items: Items of information provided to Council were: Memorandum from Director of Public Works, Refuse Manager and Street .and Traffic 9 1' .4 4 4 APRIL 6, 1999 Operations Manager regarding Spring Clean Up. 3/30/99; Letter to Curt Baney regarding Signal Operation at 17 Street and Yakima Avenue. 3/25/99; Monthly Report of the Chief of Police for January 1999; • City of Yakima Planning Division Assignments Pending as of April 6, 1999; Minutes of the February 18, 1999 District Board of Health meeting; and Focus, Water Quality Antidegradation Implementation Strategy; March 1999 DOE newsletter. 31. EXECUTIVE SESSION REGARDING PENDING AND PROSPECTIVE LITIGATION It was MOVED BY KLINGELE, SECONDED BY BUCHANAN, TO MOVE INTO EXECUTIVE SESSION AT 4:10 P.M. TO DISCUSS PENDING AND PROPECTIVE LITIGATION, WITH IMMEDIATE ADJOURNMENT THEREAFTER TO APRIL 20, 1999, AT 7:30 A.M. AT THE YAKIMA CONVENTION CENTER RE: CONVENTION' CENTER OPERATIONS AND LONG RANGE PLANNING. The motion carried by unanimous voice vote; Sims absent. The City Manager stated the Executive Session will be for approximately 30 minutes. 32. ADJOURNMENT TO APRIL 20 1999, AT 7:30 A.M., AT THE YAKIMA CONVENTION CENTER RE: CONVENTION CENTER OPERATIONS AND LONG RANGE PLANNING Following completion of the Executive Session, the meeting adjourned at 4:55 P.M. READ AND CERTIFIED ACCURATE BY: %s / _ / / .,� __ #17 CO ■ L MEMB . ' DATE 9T ,1 c C CO MEMBER DATE ATTEST: CITY CLERK / JOHN PUCCINELLI, MAYOR Minutes prepared by Deputy City Clerk Skovald. An audio and videotape of this meeting are available in the City Clerk's Office • 10