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HomeMy WebLinkAbout10/08/2013 04 "NO on I-522" Discussion jjjyyy���jjj , pIl .4 �V �''Vtr� .fir BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 / - For Meeting of: 10/8/2013 ITEM TITLE: Discussion regarding "No on 1- 522." SUBMITTED BY: SUMMARY EXPLANATION: See attached information. Resolution: Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source /Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: ATTACHMENTS: Description Upload Date Type ❑ Memo lover 10/2/2013 Cover Memo ❑ memo Beehler 10/3/2013 Cover Memo ❑ committee minutes 2008 10/3/2013 Cover Memo ❑ minutes 2008 10/3/2013 Cover Memo MENCD ° ADDLJN To: Yakima City Council Members From: Council Member Bill Lover Subject: Initiative 522 Date: Tuesday, October 1 2013 Fellow Council members, Initiative 522, which will appear on the November general election ballot, would require the labeling of foods sold at retail outlets that contain genetically engineered ingredients, commonly referred to as Genetically Modified Organisms ( "GMOs "). 1 -522 is nearly identical to a proposition that was narrowly defeated last year in California. According to former Washington State Department of Agriculture Director Dan Newhouse, "1 -522's new requirements would add millions of dollars in costs for Washington farmers and food companies, driving up grocery prices and putting farmers in our state at a serious competitive disadvantage." National and international scientific and medical organizations, including the American Medical Association and the World Health Organization, have independently concluded that foods made with GMOs are safe and that labeling requirements like those proposed by 1 -522 are unjustified and misleading. Organizations that represent tens of thousands of family farmers and ranchers in Washington State argue that 1 -522 would have a drastic and negative effect on the agriculture industry. Former elected officials from Washington State, including former Governor and U.S. Senator Dan Evans, former Attorney General and U.S. Senator Slade Gorton, former U.S. Representative Sid Morrison, former State Secretary of State Sam Reed, and former Speaker of the Washington State House of Representatives Clyde Ballard are working to defeat 1 -522. So are current elected officials including 15 District State Senator Jim Honeyford, 15 District State Representative Bruce Chandler, 13 District State Senator Janea Holmquist Newbry, 13 District State Representative Matt Manweller, 13 District State Representative Judy Warnick, and 14 District State Representative Norm Johnson. 1 -522 represents an unnecessary and misguided attempt to find a solution for a problem that does not exist. According to the American Association for the Advancement of Science, "GM (genetically modified) crops are the most extensively tested crops ever added to our food supply. Legally mandating such a label (as proposed by 1 -522) can only serve to mislead and falsely alarm consumers." I propose that the Yakima City Council add its voice to the impressive and growing list of organizations and individuals who have stepped forward to say "No On 522 ". To learn more about 1 -522, visit the No On 522 Coalition website at w.votenoon522.com. Thank you for your consideration of this request. LINEN E N C o \ H D U LINEN To: Yakima City Council Members From: Communications & Public Affairs Director Randy Beehler Subject: Ballot Measure Support /Opposition Consideration Process Date: Thursday, October 3 2013 Council Members, During a discussion at the October 1 Council business meeting about a request from Council Member Lover for the Council to formally oppose Initiative 522, some of you accurately recalled that the Council had in the past adopted a process for handling such requests. The development of such a process began at the March 20 2008 meeting of the Council Rules & Procedures Committee (Norm Johnson, Micah Cawley, Neil McClure) when the committee voted 2 -1 to recommend to the full Council that it adopt a three -step procedure for handling requests for the Council to support or oppose a ballot measure (see Item 3 of attached March 20 2008 Rules and Procedures Committee minutes). At its April 1 2008 business meeting, by a 4 -3 vote the full City Council adopted a process to follow for consideration of requests for the Council to support or oppose ballot measures (see Item 4 (B) (3) (B) of attached April 1 2008 Council business meeting minutes). The three -step process adopted by the Council for such requests was: 1) Such requests will be initially reviewed by the Council Rules & Procedures Committee; 2) The committee will make a recommendation to the full Council to conduct or not conduct a public hearing on the ballot measure at issue; 3) The full Council will vote to conduct or not conduct a public hearing on the ballot measure at issue. Additionally, the Council determined that requests for the Council to support or oppose a ballot measure would need to be made not less than 45 days prior to the election at which the ballot measure would be decided in order to allow sufficient time for public hearing notification requirements to be met. Lastly, if the Council did vote to conduct a public hearing on a ballot measure, following such hearing the Council would have the option to: 1) Vote to support the ballot measure; 2) Vote to oppose the ballot measure; 3) Take no further action. Please note that the process for considering requests for the Council to support or oppose a ballot measure adopted by the Council at its April 1 2008 business meeting was not in the form of an ordinance nor a resolution. Rather, it represented consensus on the part of the Council at the time regarding the handling of such requests. Therefore, while the current Council may choose to follow the same or similar procedure, it is not bound by the process adopted by the Council in 2008. By the way, the process adopted by the Council in 2008 was utilized twice over the next two years. In July 2009, the Council received a request from Voters Want More Choices to conduct a public hearing on Initiative 1033. The Council Rules & Procedures Committee unanimously recommended that the full Council conduct a public hearing on 1 -1033 and, at its August 4 2009 business meeting, the Council voted to conduct a public hearing on I- 1033 at its September 1 2009 business meeting. Following the September 1 public hearing, the Council decided to take no further action regarding 1 -1033. Then, in late September 2010, the Council received a request from Tim Eyman /Citizens for Responsible Spending Coalition to conduct a public hearing regarding Initiative 1053. Because the request was not made more than 45 days prior to the election at which 1 -1053 would be decided, the Council Rules & Procedures Committee unanimously recommended that the Council not conduct a public hearing on 1 -1053. At its October 5 2010 meeting, the Council voted not to conduct a public hearing on 1 -1053 but to offer Mr. Eyman an opportunity to present information about 1 -1053 during audience participation during the Council's October 19 2010 business meeting. Please let me know if you have any questions regarding this memorandum. Yakima City Council Committee Meeting Minutes RULES AND PROCEDURES COMMITTEE Thursday, March 20, 2008 2:00 — 3:30 p.m. City Manager's Conference Room, 1 Floor, City Hall Council Members Staff Norm Johnson - Chair Dick Zais, City Manager Neil McClure Dave Zabell, Asst. City Manager Micah Cawley Ray Paolella, City Attorney Randy Beehler, Community Relations Mgr. The meeting convened at 2:02 pm. Agenda 1. Election of Committee Chair Norm Johnson was elected Chair of the Council Rules & Procedures Committee. 2. Procedure /Policy re: Forwarding Council Committee Recommendations to the Full Council Johnson suggested that Council committee recommendations be forwarded to the full Council with either a "Do Pass" or "Do Not Pass" designation. The "Do Pass /Do Not Pass" designation, along with the results of a committee's vote on a given item, should be noted on Agenda Statements when presented to the full Council. Cawley suggested that committees should make a recommendation on every item that is forwarded to the full Council. An item should not move forward unless and until a committee has voted on it. Committee Action: McClure moved the committee recommend to the full Council that; 1) Committee recommendations include "Do Pass /Do Not Pass" designations; 2) Agenda Statements include "Do Pass /Do Not Pass" designations and committee vote results; 3) Committees must vote on items before they are forwarded to the full Council. The motion was seconded by Cawley. Vote: 3 -0 in favor of motion. 3. Policy re: City Council Ballot Measure Support /Opposition Votes Johnson suggested that if the Council determines that it will continue its current practice of considering voting to support or oppose ballot measures, then a process should be established for organizations /individuals to make such requests of the Council. Johnson proposed that requests be processed through the Council Rules & Procedures Committee. 1 The committee discussed potential timing problems that may arise due to requiring requests be processed through the Rules & Procedures Committee. Ultimately, the committee agreed that requesters should know well ahead of time when a measure will be on the ballot. Therefore, allowing a request to go through the full process, including committee review, is a reasonable requirement. Cawley said he is not in favor of the Council voting to support /oppose any ballot measures. However, Cawley agreed that a procedure should be in place should the Council decide to continue its current practice of taking support /opposition votes on ballot measures. Committee Action: Johnson moved the committee forward a "Do Pass" recommendation to the full Council to: - Establish a 3 -step process for requests for Council support /opposition of ballot measures to include: 1) Requests for Council support /opposition of ballot measures will initially be reviewed by the Council Rules & Procedures Committee; 2) The committee will make a recommendation to the full Council to conduct or not conduct a public hearing on the ballot measure; 3) The full Council will vote to conduct or not conduct a public hearing on the ballot measure. The motion was seconded by Cawley. Vote: 2 -1 in favor of motion. * Note: Cawley dissented. Cawley reiterated that he objects to the Council taking ballot measure support/opposition votes. Cawley does, however, support the committee's proposed 3 -step request review process. 4. Policy re: Audio Taping of City Council Executive Sessions The committee discussed the potential of beginning to make audio recordings of Council executive sessions now but restrict release of the recordings until additional direction regarding release was provided by the state legislature. Paolella noted that executive session audio recordings made now would be subject to the state Public Disclosure Act. Requests for release of executive session audio recordings (which would become public records under existing state law) would need to be processed in the same way any other Public Disclosure Requests currently are. Zabel) provided information about the Pierce County Council and the Seattle City Council having passed resolutions earlier this year supporting proposed state legislation re: audio taping executive sessions. However, neither entity has, to this point, taken any action to begin taping executive sessions. Committee Action: By consensus, the committee directed City legal staff to conduct additional research re: audio taping of Council executive sessions (specifically including asking the State Attorney General's office for guidance) and to report back to the committee. 2 5. Televising City Council Committee Meetings on ¥-PAC The committee discussed whether any Council committee meetings other than those already approved by the full Council should be televised on Y -PAC. At its February 19 study session, the Council approved televising meetings of the following committees: 1) Public Safety; 2) Economic Development; 3) Budget; 4) Downtown Futures Initiative Oversight; 5) Neighborhood Development; and, 6) Transit/Transportation Planning. Only those committees hold regularly - scheduled, monthly meetings. The remaining Council committees meet on an "as needed" basis. Cawley mentioned that televising additional committee meetings may present operational /staffing challenges for Y -PAC. McClure noted that the committee meetings already being televised have become much more formal, and less open discussion is taken place during those meetings. Johnson said that he favors continuing to televise the committee meetings already approved by the full Council. Committee Action: Cawley moved the committee recommend to the full Council that only those committee meetings previously approved by the full Council be televised. The motion was seconded by McClure. Vote: 3 -0 in favor of motion. 6. Other Business Johnson suggested City legal staff brief Council committee chairs regarding the appropriateness of conducting committee executive sessions. Cawley asked City staff to involve Council committee chairs more in the development of committee meeting agendas. The meeting adjourned at 3:35 p.m. Norm Johnson, Chairman 3 BUSINESS MEETING APRIL 1, 2008 - 6:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Kathy Coffey, Rick Ensey, Norm Johnson, Bill Lover and Neil McClure Staff: City Manager Zais, City Attorney Paolella, and City Clerk Moore 2. Invocation /Pledge of Allegiance Mayor Edler gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations None B. Special presentations / recognitions • Maria Mayhue — Certified Professional Public Buyer (CPPB) certification Sue Ownby, Purchasing Manager, described the certification which Maria recently earned and complimented her professionalism. C. Status report on prior meeting's citizen service requests • Response to Matthew Lunstrom regarding Sunday bus service Matthew Lunstrom was not available. The report is available in the Council packet. D. Appointments to Boards and Commissions JOHNSON MOVED AND CAWLEY SECONDED TO REAPPOINT ROCKEY MARSHALL TO THE REGIONAL PLANNING COMMISSION. The motion carried by unanimous voice vote. Luz Bazan- Gutierrez recognized the candidates for Miss Cinco de Mayo and introduced Oscar Ramirez, the artist whose painting will be used on the signature poster for the Cinco de Mayo event. • Airport Board Update Tom Holbrook, City representative on the Air Terminal Board, gave an update on activities: ➢ TSA will install an x -ray machine for both carry-on and checked luggage. ➢ Although they started today, the final contract with YPPA for off -duty police security is pending for signatures. ➢ 16 Avenue /Valley Mall Boulevard project will not begin this year because of delays in the environmental process. The Board will be working with Pasco on funding issues to ensure no funds will be lost for airport improvements because of the delay. APRIL 1, 2008 ➢ The 2007 financial year -end statement has been completed. ➢ The March airline load factor for the two airlines was good; Delta 71% and Horizon at 95 %. Delta will cancel their noon flight at the end of May due to load factor and fuel costs. They may use turbo prop planes instead of jets in the future. ➢ There are financial problems with two lease agreements that the lessees are trying to resolve. ➢ Barnstormers restaurant has leased a coffee stand in the non - secured area. ➢ TSA is 60 days past due on their payment to the airport causing a problem in paying for police security without having to use operating funds. Council Member Lover advised that the Historic Preservation committee is going to Sunnyside to meet with Geri Honeyford and McAlister Museum will be part of the discussion. She is on the State Historic Commission and the Governor's Advisory Committee and may be a channel to find help for McAllister Museum. 4. Consent agenda Mayor Edler referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Items No. 6B and 10 were added to the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. CAWLEY MOVED AND McCLURE SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. Council Minutes B. Council Committee Meeting Reports / Minutes *1. Transit /Transportation Committee — March 19, 2008 *2. Intergovernmental Committee — March 24, 2008 3. Rules and Procedures Committee — March 20, 2008 A. Procedure /policy regarding forwarding Council committee recommendations to the full Council pertaining to passage or non - passage Council Member McClure explained the committee's idea to use "Do Pass" or "Do Not Pass" recommendations on items forwarded through Council Committees. COFFEY MOVED AND CAWLEY SECONDED TO ACCEPT THE RECOMMENDATION. The motion carried by unanimous voice vote. B. Policy regarding City Council ballot measure support /opposition votes McCLURE MOVED AND JOHNSON SECONDED FOR CITY COUNCIL TO CONTINUE TO ALLOW CITIZENS TO APPROACH COUNCIL AND SEEK SUPPORT ON THEIR BALLOT ISSUES. Following each Council member giving their personal opinion, City Manager Zais explained there would need to be a formal process if they continue to allow ballot measure hearings. The organizations would need to advise the City at least 45 days prior to when the ballot would be considered in order to meet public hearing noticing requirements. The motion carried by a 4 -3 2 APRIL 1, 2008 roll call vote; Ensey, Lover and Cawley voting nay. McCLURE MOVED AND CAWLEY SECONDED TO ADOPT THE PROCEDURES PRESENTED WITH THE ADDITION OF A 45 DAY PRE- NOTIFICATION REQUIREMENT. The motion carried by a unanimous roll call vote. C. Televising City Council committee meetings on Y -PAC City Attorney Paolella responded to a previously asked question with regard to the taping of executive sessions. He spoke with Tim Ford, Assistant Attorney General, who recommended not doing so at this time. Mr. Ford suggested waiting until the next legislative session because of a pending bill that would provide a process on how to handle audio tapes. Discussion on televising committee meetings was held and Council Member Lover suggested the Intergovernmental Committee be televised. Also discussed was whether a fourth Council member could attend the committee meetings. Mr. Paolella relayed that Mr. Ford from the Attorney General's Office said, if a fourth member wants to attend the meeting, the City should give notice of a special meeting because the fourth member would create a quorum triggering the need for noticing. LOVER MOVED AND ENSEY SECONDED TO HAVE THE INTERGOVERNMENTAL COMMITTEE MEETINGS TELEVISED. The motion failed by a 4 -3 roll call vote; Johnson, McClure, Cawley and Edler voting nay. D. Approval of minutes McCLURE MOVED AND CAWLEY SECONDED TO APPROVE THE MINUTES OF THE RULES AND PROCEDURE COMMITTEE MEETING. The motion carried by unanimous voice vote. 5. Audience Participation The City Clerk read into the record electronic mail from Connie Little regarding the Gates Education Center. A copy of the letter is attached. Lynne Kittelson, on behalf of the League of Women Voters, invited Council Members to the third annual Kara Kondo Memorial Luncheon on April 23 CITY MANAGER'S REPORTS 6. Consideration of Resolutions authorizing execution of professional services agreements with PLSA Engineering & Surveying to perform surveying services for: A. Coolidge Avenue from 80 to 88 Avenues Council Member McClure led discussion on funding shortages and the problems that arise in recently annexed areas due to the difference in County and City standards. He shared details of Intergovernmental Committee discussions on the subject. His concern is, if only paving is done to resolve the dust issue, would the curbs, sidewalks and gutters ever get put in? Another idea had been to put a sealcoat on the road and when development occurs, have the developer put in the improvements. He stated that it is important to get the road hard surfaced for dust control, but he is totally opposed to putting down something permanent that doesn't meet City standards. Brett Sheffield, Chief Engineer, advised that they are planning to pave the road and they will be applying for 3 APRIL 1, 2008 another grant of $390,000 that could be used for curb, gutters and lighting, although it wouldn't cover the sidewalks. As a result, the developer would only have to build the sidewalks. The City Clerk read the resolution by title; McCLURE MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. Mr. Sheffield gave an update on the Harmon Center parking lot; it should be completed by the beginning of May. Tony Courcy asked why money could be spent on this new annexation and not be put toward the 16 and Hathaway crosswalk problem. Council Member Cawley and CED Director, Bill Cook, explained that this money must be spent on this street or it would have to be returned. It cannot be used elsewhere. RESOLUTION NO. R- 2008 -56, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a professional services agreement in an amount not to exceed $9,100.00 for surveying services for Coolidge Avenue — From 80 Avenue to 88 Avenue. *B. 16 and Washington Avenues intersection RESOLUTION NO. R- 2008 -57, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a professional services agreement in an amount not to exceed $7,900.00 for surveying services for 16th Avenue and Washington Avenue Intersection. *7. Consideration of a Resolution approving a grant request from the Workforce Development Council from federal CDBG funds to assist with the costs of renting the Yakima Convention Center for "Job Fair 2008" RESOLUTION NO. R- 2008 -58, A RESOLUTION approving a Grant request of $6,000 from the Workforce Development Council to be made from federal CDBG funds to assist with the costs of renting the Yakima Convention Center and associated costs pertaining to the "Job Fair 2008" *8. Consideration of a Resolution declaring a Macro Systems Casablanca Prestige Non - Linear Video Editor surplus to the needs of the City and authorizing its sale to the City of Toppenish RESOLUTION NO. R- 2008 -59, A RESOLUTION declaring a Macro System Casablanca Prestige Non - Linear Video Editor owned by the City of Yakima, Washington to be surplus to the needs of the Community Relations Division and authorizing its sale to the City of Toppenish, Washington. *9. Consideration of a Resolution authorizing and executing an Intergovernmental Cooperative Purchasing Agreement with the State of Washington RESOLUTION NO. R- 2008 -60, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with the State of Washington. 4 APRIL 1, 2008 10. Other Business *A. Consideration of a Resolution authorizing execution of a professional services agreement with Huibregtse, Louman Associates, Inc. to perform civil design review for Wal- mart's required improvements to Nob Hill Blvd., along with Wal- Mart's frontage improvements RESOLUTION NO. R- 2008 -61, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a professional services agreement in an amount not to exceed $15,000.00 for civil plan review of the Wal -mart development. • Assistant Mayor Cawley requested the Transportation /Transit Committee look into changing Chestnut Avenue in the downtown core to a two -way street with angle parking. 11. Adjourn McCLURE MOVED AND CAWLEY SECONDED TO ADJOURN TO APRIL 8, 2008 AT 8:00 A.M. IN CITY HALL COUNCIL CHAMBERS FOR A STUDY SESSION REGARDING ARTERIAL SPEED LIMIT STUDY AND NEIGHBORHOOD TRAFFIC CALMING PROGRAM. The motion carried by unanimous voice vote. The meeting adjourned at 7:02 p.m. READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE ATTEST: CITY CLERK DAVID EDLER, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 5