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HomeMy WebLinkAbout12/20/1971 Special Meeting / Regular Meeting /' 293 DECEMBER 20, 1971 MINUTES OF SPECIAL MEETING 0 • • YAKIMA CITY COUNCIL DECEMBER 20, 1971 • • Pursuant to a call by the Mayor, a special meeting of the Yakima City Council was held at 6:30 P.M. in the Conference Room at Yakima City Hall. • Councilmen present.at the meeting were: Mayor Larson, Wray Brown, Royal Keith, Lenore Lam- bert, James Lust and Walter Robinson. Also in attendance were Councilmen -elect Don Schus- sler and Bill Whitaker. Others in attendance were City Manager Administrative Assistant Jim. Williams, Fire Chief Matt Young, City Attorney'Andrews and Jim Bowers from The Herald - Republic. Planning Director Jay Otto was present after 7:15 P.M. The City Manager advised the Councilmen that representatives from both the General Employee' Union and the Yakima Police and Patrolmans' Association would appear at the regular meeting for a presentation to the Council on the subject of wages, hours and working conditions. Councilman -elect Whitaker along with the City Manager and Matt Young reported to the Coun= cil about the review by those three persons of proposals by several architects for fire station planning and construction. The Committee recommended architect Ron Cameron.. and Associates for the work. The consensus of the Council was that the Committee recommenda- tion should be accepted. . Jay Otto explained to the Council the revised proposed County Zoning Ordinance and advised the Council that a Hearing was set by the County for Wednesday, December 29, 1971 on the matter of the adoption of a County Zoning Ordinance. No action was taken by the Council on the proposed County Zoning Plan. The special meeting adjourned at 8:00 P.M. • REGULAR MEETING - MONDAY,- DECEMBER 20, 1971 - 8:00 O'CLOCK P.M. • The City Council then met in regular. session :at the hour of 8:00 P.M. Mayor Larson, Coun- cilmen Brown, Keith, Lambert, Lust and Robinson, City Manager McMicken and City Attorney Andrews were present on roll call. Councilman McNeice absent on roll call, having been ex- cused at the previous meeting. of December 13, 197.1. . • The Invocation was given by Councilman Lust. The..minutes o.f the regular meeting-of December 13, 1971, having been.duly certified ac- - curate by two Councilmen,.and no one.present wishing to have said minutes read publicly, Mayor•Larson declared said minutes approved as .recorded. Petition No. 726, Notice of Intention to Commence Annexation Proceedings, having been filed with the City.Clerk.on December•20, 1.971, by Mr, and Mrs.-.Franklin P:•Kinder Jr: and the National Bank of . Washington, . requesting. annexation of property-situated at -. 32nd and Carol • Avenues, it was MOVED by Robinson,.seconded by Lambert:that this date -be -set as the time for a meeting with the initiating parties who signed the Notice of Intention to Commence Annexation Proceedings dated.December.20,•1971,•those initiating parties being Barbara -A.- and Franklin- P.,-Kinder, Jr. and Victor-L. Saathoff:•for the National Bank of Washington: carried, Brown, Keith, Lambert, Larson, Lust and Robinson voting aye.by voice -vote. Mc- Neice absent. Mrs. Kinder and Mr. Saathoff, being present and indicating that they willing to assume their -share of the City's existing indebtedness, it was duly moved, se- conded and passed that the annexation proposed by petition no. 726, (Notice of Intention to Commence Annexation Proceedings) be accepted by the City of:Yakima and,that.the area sought to be annexed be required to assume City-'s existing indebtedness, and that a•Notice•of Intention to Annex be filed with the Yakima County Review Board. The above.MOTION was made by Robinson,. seconded by Keith and carried, Brown, Keith, Lambert, Larson, Lust and Robin- son voting aye by voice vote. McNeice absent. The matter of an Ordinance creating a Park and Recreation Commission -and specifying terms of office, having been continued from December 13, 1971, was brought on for discussion.. In • reviewing this.ma.tter makes the change from a five - member to a seven - member Commis- sion, it was noted that the Ordinance had been read at the previous meeting at which time • it was MOVED by Robinson and seconded by Brown-to pass said Ordinance. The matter was then continued•forone,week to consider•,the.question of length.of terms.as the read, - specified- .six- year -City Attorney Andrews explained that a new Ordinance has been prepared-.specifying. four-year- terms with the -first ones -to -be appointed, four for 4 -years and three for 3-years,-with four- year.:terms after.that. -Councilman Robinson indicated that he feels it would be better to have four -year terms, with the first appointments to be 1 -1- yr, 2 -2 -yr; 2 -3 -yr and.2- 4 -yrs. After due discussion, it was MOVED by Robinson, seconded by Lambert that an Ordinance be prepared setting out the terms as recommended, with four- - year.,terms after the. first ones are 1 for: 1- year, 2 .for 2- years, .2 • for• 3 -years and 2 for 4- years: carried; Brown;. Keith,•. Lambert,- Larson, Lust ;and- :Robinson voting aye .by voice'_. vote. McNeice absent. - „ A letter having-been received from.A..B. Fortier, Attorney, representing AFSCME, (American. Federation .o.f.State,.County.and Municipal Employees), Local- 1122• pertaining to•wages, etc: and Mr. Fortier, being present, referred to his letter,and:requested that•consideration ' of the passage of..the 1972 Budget be continued until -.some unresolved matters between the AFSCME and the,City can be satisfactorily settled: He ;referred to Article VII of the Col- . lective Agreement with.the City and stated that-in accordance with this agree- - ment,•the;City has not given copy.of the with reference to hours, wages and working conditions ten.days prior to the first - meeting - regarding these matters: He made other statements indicating that the City had refused to mediate with the Union re- garding certain items requested'and stating that the City and.the.Union are at an impass -on several.of these items. City Manager McMicken responded to statements - -made by Mr. Fortier and explained .that in preparing the.Budget, there are.certain time guidelines -to follow as set out by State Statute-as-for adopting the Preliminary.Budget and.the.Final Budget and the time to make.requests to be considered- for.negotiations :should be during -the months:of -. September and October. -He-stated-that there were several meetings at which the Union-took no action, and at the'December 1,1971, public• hearing -on Budget matters, the. Union - did not appear. Mr. McMicken further explained that on December 11, the Union filed with ! 4 nFCEMBER 20, '1971 him, items that they wished to negotiate, to which he responded on December 15, 1971. City Attorney Andrews responded to the statement made by Mr. Fortier regarding the matter of Ar- ticle VII of the Collective Bargaining Agreement and stated that there is a provision in the Collective Bargaining Agreement which provides that before an Ordinance relating to wages, hours and working conditions is submitted to the Council that a copy of that propose• ordinance will be filed with the Union representatives at least ten days prior, but that there is no such ordinance being submitted at this time. He explained that the Ordinance being submitted at this meeting is the Ordinance adopting next year's budget and does not specify wages, hours and working conditions, and nothing in the Collective Bargaining Agree ment requires the consent or concurrence as to the Budget or any portion thereof. Discus- sion brought out that the City Council has not received the Union's list of negotiable items nor have they received Mr. McMicken's responses to that list. 'Mr. Fortier stated that originally there had been six items, four of which have •either been resolved or dropper and that the other two which the Union considers that it is at an impass with the City are:. that they are asking that the City make a larger contribution to the medical insurance and 2. they are asking for a straight across the board blanket increase in salary of 5..5% which includes an adequate cost of living increase. Mr. McMicken responded that in regard to the larger contribution for medical insurance, this item was not supported by information jus- tifying it and until today, the amount of requested increase in salaries was never defined. He further explained that on the basis of the Pay Plan Review and wage increases of the pre vious year that Management has taken the stand that wage scales have been improved and are well in line. Council members indicated that they have studied Budget matters, that they have expended all expected income, that they have been forced to take all the sales tax` monies to balance the budget and have no assurance that the sales tax monies Will"continiue:: It-was informally agreed that the request of the Union will be considered later in the meeting, after the Police matters have been discussed. - A letter having been received from-Dr. Richard D. Twiss, Chairman, Sub committee on Mobile Coronary Care Unit, Yakima County Medical Society, and Dr. Twiss being present, referred to this letter regarding the feasibility of providing a Mobile Coronary Care Unit for the City of Yakima. He stated that they feel that one is badly needed in Yakima and are re- questing some assistance from the City Council in obtaining one He summarize the reason - for this need, explaining that out of the 600•,000 deaths from coronary disease in this coun try, 300,000 occur before the patients arrive in hospitals. He further explained that it has been proven that the in- hospital mortality can be- "reduced significantly by the prompt treatment by specially trained personnel with appropriate electronic monitoring devices, so that it should be expected that even a greater number could be-saved if' the services of the coronary care unit could be extended to the pre- hospital phase of the illness, which would require not only providing the appropriate equipment and personnel in a Mobile Unit, but also educating the populace as to the need for seeking care with a minimum delay. Dr. Twis- reported that Seattle has had one for two years and 40 lives were saved, and Bellevue is planning to put one in this Spring. He stated that it is felt that the City needs to be in volved in only four aspects of the operation as stated in his letter: 1.. Licensing pro- cedures, 2. act as a clearinghouse for in- coming emergency calls and distribute them to those companies which have met the licensing requirements on the basis of the location of the patient and a rotation list of the companies involved., 3.. Education, making the people of Yakima aware that such a service is available and when it should be .called, and 4. Sub- sidy, for those patients who are not covered with private insurance. Dr. Twiss explained that they had canvassed the local ambulance companies and found one company is enthu- siastic and has acquired the appropriate equipment, but'the other two companies are reluc- tant to commit themselves as they don't feel that Yakima is large enough to support this unit. Council members indicating their interest in this program, it was MOVED by Lambert, seconded by Brown that the matter of licensing requirements for such a unit, be referred to the City Manager and City Attorney for study and recommendation with the intention of bringing back an Ordinance for Council action: carried, Brown, Keith, Lambert, Larson, Lust and Robinson voting aye by voice vote. McNeice absent. After further discussion on the matter of the City subsidizing the proposed program and it being suggested that more in- formation is needed regarding what would be involved, it was MOVED by Lambert, seconded by Robinson that the matter of Subsidy of the proposed Mobile Coronary Care Unit program, be referred to the City Manager and Staff for further study and recommendation: carried, Brown Keith, Lambert, Larson, Lust and Robinson" voting aye by voice vote. McNeice absent. Mr. Don Scott, representing the Yakima Jaycees, 232 South 2nd Street, being present, stated that over the years the Yakima Jaycees have tried to perform many services but now find themselves in a position that they have to come to the Council with a complaint. He further stated that they have watched, with mixed emotions, the situation on South 2nd Street with regard to the Downtown, that before this it has affected them indirectly, with cars being damaged on the street, etc., but it now affects them directly. He,explained that Saturday night, they leased the Hall to the Albertson's Stores and, that RonSwanson was changing their reader board. Mr. Scott introduced Ron Swanson who explained - what happened that evening. He stated that the plastic letters were laying in the street and he was proceedin•' to put them on the board and taking some down, when three boys came from the Downtown and proceeded to kick the letters around the sidewalk and jump on them. He asked them to stop this action-and they swore at him. He told them to go back where they belong and leave him alone and they threatened to get more boys to help them. They left and went back into the Downtown and came out a few minutes later with six more boys. They started throwing the letters around and Mr. Swanson ran into the building. One of the plastic letters was throw at him and broke a window in the building. Mr. Scott stated that the Yakima Jaycees are now saying, does someone have to be really physically hurt on the street before action can be taken, and wish to go on record at this time to ask that some type of closer action be taken• to eliminate the problem on South 2nd Street. Several Council members spoke to this matter -- Councilman Lambert indicating that they are aware of the problems and have had discussions along the line of trying to solve these matters; Councilman Robinson stating that he is completely disenchanted with this location and wishes to state publicly that he considers it absolutely vital that some action be taken; and Councilman Brown explaining that they are working towards a solution and expressed appreciation for this information and indicated that it is hoped that the matter can soon be resolved. A group of Police personnel being present, Anton Wentz, Chairman of the Y.P.P.A. (Yakima Police Patrolman's Association) made a presentation on behalf of this Association, reading a statement which basically asked that the Council consider the necessary budgetary needs of the Yakima Police Department. He also gave copies of some letters to Council members regarding the certification by the Washington Department of Labor and Industries of the Yakima Police Patrolman's Association as the exclusive Bargaining Representative of the em- ployees of the Yakima Police Department and copies of news•items regarding the complaints being filed by the Y.P.P.A. against the City Manager charging him with failing to negotiate 295 DECEMBER 20, 1971 or bargain as to manpower, salary and equipment increases for 1972. Mr. John Rayback, Attorney representing the Y.P.P.A., being present, stated he had nothing :prepared to pre- sent, but would answer any questions. City Manager McMicken referred: to the statement read by Anton Wentz and stated that it misrepresents the.roll of the City Manager and the City Council. He explained that the•City Manager and the Chief of Police are involved in "the budgeting process. Mr. McMicken reported that he has not made a statistical summary, but knows that the Police Department is in need of more manpower to do a more adequate job. He further reported that 22 police personnel have been added in the last four years, the ,ex - -• penditures for police services in the City of Yakima are above average of other Cities of this size and are average with other cities across-the State, and stated that the Yakima Police Department has a fine reputation ofwhich".we:_are proud. Mr. McMicken stated that as far as the negotiations that, are aluded to, it is unfortunate that there has been a breakdown in,communications. He explained that early in August, 1971, the important thing was to get the Police requests for 1972 in on time so that they could be considered along with the other Unions, and'that this was conveyed verbally as well as a letter being sent to Pleas Green stating that the bargaining period would be from August "31, to October 1971, (the full month of September). They didn't get any response from the Y.P.P.A. at that time. Mr. McMicken further explained that on September 28, 1971, Mr. Rayback had called and informed him of his appointment as Attorney representing the Y.P.P.A. and on - October 1, Mr. Rayback asking to meet with him to present the Y.P.P.A.'s requests for the 1972 Budget. They met on October 8, 1971 and Mr. Rayback presented a list of 34 items, with no data to support them and they were unable to come up with a meaningful negotiation, Mr. McMicken stated that it was that situation that apparently caused dissatisfaction on ;- the part of the Association as a letter was received on October 12, 1971, complaining about lack of negotiations, to which he responded., Mr. McMicken referred to the proposed recog- nition agreement presented by the Y.P.P.A., which is being reviewed. He explained that al- though the Y.P.P.A. has been certified as exclusive bargaining agent for the policemen, there has been no recognition agreement executed. He further explained that a recognition agreement does not include wages and c1assifiation, but 'includes almost everything else, such as sick leave, holidays, and vacation. Mr. McMicken reported that there will be a nother meeting on December 21, 1971, with Mr. Rayback for further discussion on these mat- ters. Mr. Rayback referred to the change that is to be made in the pay system whereby all City employees will be paid semi- monthly instead of once - monthly and indicated that the Y.P.P.A. is against this change. Mr. McMicken informed him that the matter of when em- ployees will be paid is not.a negotiable item. Mr. McMicken also referred to the Pay Plan Review of 1970 and the raises received by all - City employees as a result. Other police personnel present and speaking on the various budget matters discussed at this meeting were, Larry Carroll, Alan Bischoff and Sid Kelley. Several Council members spoke to the various matters discussed and indicated that they are aware of the need for more police personnel and equipment, but feel that a great deal has been accomplished in the last four years in improving conditions. They indicated that they regret that there is not an in= crease in salaries for anyone this year, but there just isn't any money available. They also indicated that many of the statements made by Mr. Wentz against the management of the City, should be made against the City Council as the City Manager does not have the final word in the Budget preparation and passage. Council members further indicated that they have continually worked to increase the status of the City employees, that by law they are required to present a balanced budget, and are trying to do the best job_. as possible. No formal action was taken on this matter. It was MOVED by Brown, seconded by Robinson that Ordinance No. 1365 adopting the 1972 Bud- get, be passed as read: carried, Brown, Keith, Lambert, Larson, Lust and Robinson voting aye on roll call. McNeice absent. Discussion and an explanation by City Manager McMicken brought out what changes there were from the Preliminary Budget. ORDINANCE NO. 1365, AN ORDINANCE adopting a Budget for the City of Yakima, Washington, for the year 1972; and appropriating funds for estimated expenditures. An Appeal from the Planning Commission's denial of rezone application of Mr. Harry L. White- head and Mrs. Alvena C. Schlotfeldt, requesting rezone of property situated at 105, 107 and 111 N. Naches Avenue, having been filed with the City Clerk on December 14, 1971, by Perry J. Robinson, Attorney, it was MOVED by Robinson, seconded by Brown that January 10, 1972, be fixed as the time for Hearing by the City Council on the matter of the rezone of certain real property as petitioned by Mr. & Mrs.'Harry L. Whitehead and Mrs. Alvena C. • Schlotfeldt and that the City Clerk give notice of such hearing as required by law: car- ried, Brown, Keith, Lambert, Larson, Lust and Robinson voting aye lisy vote. McNeice absent. City Manager McMicken referred to off - the - Agenda item, that of authorizing the sale to G.P.M. Corporation of City owned property. He explained that the City owns property as de- scribed on the Offer to *Purchase by virtue of foreclosing on such property for delinquent local improvement district assessments, and G.P.M. Corporation has offered to purchase said property for $2,500. After due discussion, it was MOVED by Brown, seconded by Robinson that Resolution No. D -1779 authorizing the sale of said property to G.P.M. Corporation, be passed as read: carried, Brown, Keith, Lambert, Larson, Lust and Robinson voting aye on roll call. McNeice absent. RESOLUTION NO. D -1779, A RESOLUTION authorizing the sale to G.P.M. Corporation of real property owned by the City of Yakima. Another off - the - Agenda item, that of an Ordinance appropriating $75,000 within the Cumu- lative Reserve Fund for Capital Improvements and transferring that amount from ,that fund to the Urban Arterial Street Fund, having been read in its entirety at this meeting, was laid on the table for one week or until December 27, 1971. " . City Manager McMicken referred to another off - the - Agenda item, that of authorizing member- ship in Statewide City Employees Retirement System for John M. Larson. After due discus- sion, it was MOVED by Brown, seconded by Robinson that Resolution No. D -1778 authorizing membership in the Statewide City Employees Retirement System for John M. Larson, be passed as read: carried, Brown, Keith, Lambert, Lust and Robinson voting aye on roll call. Mc- Neice absent. Larson not voting. RESOLUTION NO. D -1778, A RESOLUTION authorizing membership in the Statewide City Employees Retirement System for John M. Larson. City Attorney Andrews reported on an off - the - Agenda item, that of the lawsuit appeal pendinj from the denial of the Superior Court Judge to award the Attorneys fees of Haddix, who had requested $3,000 Attorney's fees, in the settlement of attorneys fees, etc. re the "B" r/ 296 DECEMBER 20, 1971..-- DECEMBER 27, 1971 Street and Avenue Overpasses litigation. He statedrthat al•1 otherr'cases have been settled and this" is the one loose end that''needs to-be solved. Mr. Andrews further' reported that Haddix'had'been offered $1,500 to settle and have rejected'that but - have agreed to settle for $1;762.20, and recommended that this be accepted by•'t'heCouncil• and authorization'be given to pay this amount. After due discussion, it was MOVED by Lam- bert, seconded by' Liist that a Resol'ution.' b'e prepared authorizing this payment -of $1,762.20: carried, Brown, 'Keith', Lambert, Larson', Lust and Robinson voting" aye -by voice Vote:.: McNeice absent. . City Attorney Andrews reported on another Off- the- Agenda item, that of the anti -trust li- tigation concerning water•meters in which the City was participating. He explained that -a II recent communication from Nicholas O'Connell stated that the City' of Yakima had been dis- missed along' with some others Mr.' Andrews :also stated that the most recent' letter tells him that because Judge Bolt is so'busy with other matters, he has - not yet ruled on` that matter, but O'Connell h'as told him that Bolt 'earlier stated' »'that its would be 'a die-' missal without prejudice, 'so we are still in'it. He requested that authorization be given to execute a formal release - hot to sue.` Afterdue discussion; it was MOVED by Keith, se- conded by Robinson' that the City'Attbrney'be authorized sign'a release•as requested: - carried, Brown,-Keith, Lambert•,'' Larson; • and' Robinson - voting aye by voice vote*.' Mc- Neice absent: There being'nb further business to come before the - Council, It was MOVED by Lust;' seconded by 'Keith that we do now adjourn at the hour of 11:3'0 1 ' ' , , -:•10P READ AND CERTIFIED ACCURATE BY Lip! _ .A∎ __ ,A _ _ DATE // "Co, CILMAN / • I, - X DATE \ - 1" 1 ' . - .� T sOUNCILMAN ' . • • ATTEST: ' ' . . . • - �) ' 4,_ C I T Y -ja--e..,41-- , , , . ' ./7 ... , ,. (,,, , z _ ziAl,, _ , - C L E R K M A Y O R • DECEMBER 27, 1971 • Due to a lack of*a 'quorum, no'Special'or Regular meetings the City Council were held on this date. ' C I T Y . :5; • , _ • C L E R K . ' '----, • ) . . . . . . 4 -/ , / _ / -: , .. , . " . .. •