HomeMy WebLinkAbout01/05/2016 12A Council General Information PAO
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 12.A.
For Meeting of: January 5, 2016
ITEM TITLE: Council General Information
SUBMITTED BY: Sonya Claar Tee, City Clerk
SUMMARY EXPLANATION:
1. Memo regarding Participation at City Council Meetings
2. Preliminary Council Agenda
3. City Meeting Schedule
4. Preliminary Future Activities Calendar
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
D iirnfcnirrrEd nirn 12/28/2015 CA) A?r Memo
CITY OFYAKEMA
LEGAL
DEPARTMENT
200 South Third Street, Yakima, Washington 98901 -2830 (509) 575 -6030 Fax: (509) 575 -6160
MEMORANDUM
December 21, 2015
TO: Honorable Mayor and Members of the City Council
Jeff Cutter, Interim City Manager
FROM: Helen A. Harvey, Senior Assistant City Attorney :
SUBJ: Participation at City Council Meeting
We have been asked to discuss the following question:
Issue: Can a City Council member participate and vote at a City Council meeting when
the member is not physically present at the meeting?
A. City Council Rules
The current "Standard Motions and Rules of Procedure of Yakima City Council" dated
"Revised March 2007" states under "B. Rights and Duties of Members ":
"3. Not to Vote unless present.
No member of the Council shall be permitted to vote on any question unless
he shall be present when the vote is taken and when the result is
announced. No member shall give his proxy to any person whomsoever and
no pairing of the vote of an absent member against the vote of a present
member shall be permitted."
Attached is a copy of pages 7 -8 of the current City Council "Standard Motions and Rules of
Procedure ". The City Council may make changes to the rules of procedure, assuming changes
are in compliance with state law requirements and the City Charter.
B. Meeting Participation by Phone
Municipal Research and Service Center ( "MRSC ") has addressed the question of meeting
participation by phone. MRSC's opinion by MRSC Legal Consultant Jim Doherty posted on the
MRSC website states:
Memorandum to City Council
December 21, 2015
Page 2
"Meeting Participation from Afar, by Speakerphone or Other Means
Posted on MRSC on June 12, 2012 by Jim Doherty
"Is actual physical presence required for a member of a local government
governing body — city council, board of county commissioners, planning
commission, etc. — to "attend" and participate at a meeting of that
body? Although state law provides no specific authorization, MRSC legal staff
has taken the position that it is legal for a local government governing body to
allow attendance and participation of a member at a meeting by use of a
speakerphone or by some more contemporary communication mode such as
Skype. This attendance and participation would require clear two -way
communication: the member on the phone line or video /internet connection can
hear and perhaps see what is happening at the meeting and can also be heard
and perhaps be seen by those present at the meeting. If authorized by the
body, this can be considered to be attendance at the meeting, and the
physically- absent member would count towards the quorum.
Some local government governing bodies in this state — and in other states —
have enacted specific meeting rules that allow such participation in meetings;
some allow it generally and some allow it on a more limited basis. This is within
the discretion of the body. As such, we recommend that a governing body
clarify in its rules of procedure whether and under what circumstances
participation by speakerphone or other communication medium will be allowed.
Often this question arises when the need arises; for example, a councilmember
or commissioner is needed for a quorum at a meeting on an important matter,
but the person is out of town because of a sick relative, a vacation, a child
graduating from college, etc. That's not the best time to deal with the
issue. We encourage governing bodies to talk this out ahead of time, so that
you have time to consider the issue and establish proper procedures.
What about having two absent members of a legislative body participate in a
meeting in this manner? Should that be allowed? What about the entire
body? A few years ago, the City of Snoqualmie, as an experiment, decided to
push the limits with existing technology. The city council held an electronic
public meeting. None of the city councilmembers were physically present —
instead, they were in different locations and used chatroom software to hold a
meeting by typing onto their computers. Advance notice of the meeting was
given, and the public was provided an opportunity to view the electronic
discussion on their own computers as it was held. If members of the public
wanting to view the meeting didn't have a computer, they were given directions
to locations (city hall and the city library) where they could monitor the on -line
discussion. In an emergency, perhaps electronic meetings of this type could
solve difficulties with getting governing body members together in one location
on short notice.
Memorandum to City Council
December 21, 2015
Page 3
So far, no appellate court in the state has interpreted the Open Public Meetings
Act (OPMA) or other potentially applicable laws as either allowing or prohibiting
meeting participation in this manner — the issue has not come
up. Nevertheless, I expect a court reviewing this issue would look favorably on
the use of speakerphones or computer technology for this purpose. So, I think
it is basically a policy decision for a governing body to make."
On December 8, 2015, I called MRSC to confirm that the above opinion posted June 12,
2012 is still MRSC's position. I spoke with MRSC Legal Consultant Jim Doherty, who advised it
is still MRSC's position as nothing has changed; there have been no new cases on the issue and
no new statutes. MRSC continues to take the position that it is legal for a city to allow participation
of a councilmember to a meeting by means of a speakerphone with two -way communication.
Mr. Doherty also said if a City Council wants to allow participation by speakerphone, it
remains MRSC's opinion that the best practice is to have a previously adopted City Council policy.
As discussed in his above opinion: "As such, we recommend that a governing body clarify in its
rules of procedure whether and under what circumstances participation by speakerphone or other
communication medium will be allowed."
Attachment
STANDARD MOTIONS
AND
RULES OF PROCEDURE
OF
YAKIMA CITY COUNCIL
Revised August 2014
B. RIGHTS AND DUTIES OF MEMBERS
1. Duty to Vote - Absentation.
Every member of the Council present at a meeting where a vote is taken on any
proposal shall vote thereon unless excused. A member desiring to be excused
from voting may, when his name is called, make a brief statement, not exceeding
five minutes, giving the reasons for making such a request, and the question of
excusing him shall then be decided by vote of the other members of the Council.
2. Explaining Vote.
Any member of the Council desiring to explain his vote when his name is called
shall be allowed a like opportunity.
3. Not to Vote unless present.
No member of the Council shall be permitted to vote on any question unless he
shall be present when the vote is taken and when the result is announced. No
member shall give his proxy to any person whomsoever and no pairing of the
vote of an absent member against the vote of a present member shall be
permitted.
4. Notification of a Member's Absence from a Council Session.
Members of the Council will notify the Mayor or City Clerk prior to being late or
absent from a regular or special Council session.
C. MEETINGS.
1. Regular Meetings -- Time of Meeting
Regular meetings of the Council shall be held on the first and third Tuesdays of
each month, unless otherwise changed. Meetings shall convene at 6:00 pm.
2. Study Sessions
Study sessions of the City Council shall be scheduled to convene at the hour of
8:00 am.
3. Regular Meetings -- Place of Meetings.
a. City Hall.
Unless notice is given pursuant to Rule C.3.b. of these Rules, all regular
business meetings of the Council shall be held in the City Council meeting
room on the first floor of the City Hall and all study session meetings shall
be held either in the City Council meeting room, or the adjoining
conference room, on the first floor of the Yakima City Hall. However, a
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meeting having been convened at said place may be adjourned by the
Council to any other place within the City of Yakima for the purpose of
conducting a particular matter of business which may be more conveniently
conducted at such other place.
b. Changed Meeting Place.
Any meeting of the Council may be held at a place other than that required
by Rule C.3.a. hereof on notice of a changed meeting place, which notice
shall be given by an announcement at the immediately preceding meeting of
such changed meeting place or by written notification by the Clerk of the
Council to each Council member given no less than three days prior to the
meeting to be held at the changed meeting place.
4. Special Meetings -- Call.
Special meetings may be called in the manner provided by law and by the City
Charter.
5. Meetings -- Items Considered.
(a) At regular business meetings of the City Council, no action shall be taken
on any item(s) not appearing on the posted agenda of such meeting except
and unless, by majority vote of the City Council members present, it is
determined that an emergency exists and that immediate action must be
taken by the City Council to address the emergency.
(b) Any City Council member(s) may, under "Other Business ", propose that
an item(s) or issue(s) be referred to City staff for research and review, be
assigned to a specific committee of the Council for research and review,
and /or be added to the agenda of the next available City Council regular
business meeting so that such item(s) or issue(s) can be considered by the
full Council, provided that such a proposal receives a positive majority
vote by the City Council members present.
(c) At special meetings of the City Council, no item(s) not included on the
posted agenda of such meeting may be considered or acted upon only with
the unanimous consent of all members of the City Council.
6. Notice to City Manager.
The Clerk of the Council shall serve upon the City Manager a copy of all notices
required by these rules to be served.
7. Quorum.
Four members of the Council shall constitute a quorum thereof for the transaction
of business. Except as otherwise specified by law, a majority vote of the Council
members present at a meeting shall be required and shall be sufficient to transact
any business before the Council.
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YAKIMA CITY COUNCIL
ri
January 19, 2016
City Hall — Council Chambers
6 p.m. Business Meeting
BUSINESS MEETING
1. Roll Call
2. Pledge of Allegiance
3. Open Discussions for the Good of the Order
A. Proclamations
i. Certified Registered Nurse Anesthetists Week proclamation
4. Council Reports
5. Consent Agenda
Items listed are considered routine by the City Council and will be enacted by one motion without
discussion. A citizen or Council member may request to remove an item from the Consent Agenda and, if
approved, it will be placed on the regular agenda for discussion and consideration.
A. 4th Quarter 2015 Claim Report and Resolution authorizing and approving 4th Quarter
2015 claims activity
B. Resolution authorizing agreement with Huibregtse, Louman Associates for
engineering services to design and provide construction administration for acquiring
Snow Removal Equipment at the Yakima Air Terminal
C. Resolution authorizing agreement with Huibregtse, Louman Associates for
engineering services to design and provide construction administration for security
fence gates at the Yakima Air Terminal
D. Resolution authorizing an engineering and consulting services agreement with CDM
Smith, Inc. for engineering and consulting services associated with the 2017
Wastewater Facility Plan update and Solids Handling Plan, not to exceed $514,210
E. Resolution authorizing a contract with Yakima County (East Valley) Fire District #4 for
dispatch and alarm service
6. Audience Participation
Community members are invited to address items that are not listed on the regular business meeting
agenda. A guideline of three (3) minutes per speaker is in place in order to allow as much opportunity as
possible for audience participation. A speaker's time may be extended at the discretion of the Mayor
and /or the consensus or vote of the Council. Written communication and e-mail messages are strongly
encouraged.
PUBLIC HEARINGS
" ,,,
7. Public hearing and resolution on the proposed Development Agreement of Cat
(formerly Toscanna) located in the vicinity of 40th Ave and Castlevale
8. Closed record public hearing and resolution on the proposed Development Agreement for
Powerhouse Villas, submitted by DMF Investments and located in the vicinity of 3201
Powerhouse Road
CITY MANAGER REPORTS
9. State Auditor's Report - City's 2015 Financial Statements and Federal Single Audit
ORDINANCES
10. Ordinance relating to Public Services; amending the City of Yakima Municipal Code for the
purpose of updating the fee schedule for certain police services
11. Other Business
12. Adjournment
Any invocation that may be offered before the official start of the Council meeting shall be the
voluntary offering of a private citizen, to and for the benefit of the Council. The views or beliefs
expressed by the invocation speaker have not been previously reviewed or approved by the
Council, and the Council does not endorse the religious beliefs or views of this, or any other
speaker.
A Council packet is available for review at the City Clerk's Office and the Library. A packet is
also available on -line at www.yakimawa.gov.
The City provides special accommodations, such as hearing devices, wheelchair space or
language interpreters, for City meetings. Anyone needing special assistance please contact
the City Clerk's office at (509) 575 -6037.
CITY MEETING SCHEDULE
For December 27, 2015 - January 5, 2016
Please note: Meetings are subject to change
Monday, December 28
12:00 p.m. Capitol Theatre board meeting — Capitol Theatre
Tuesday, December 29
10:00 a.m. County Commissioners' meeting — Council Chambers
Wednesday, December 30
1:00 p.m. City Manager search firm process — CM Conference Room
Thursday, December 31
11:00 a.m. Bid opening — Council Chambers
Friday, January 1, 2016
CITY OFFICES CLOSED
Monday, January 4
3:30 p.m. Civil Service Commission — Council Chambers
Tuesday, January 5
12:00 p.m. City Council special meeting — CM Conference Room
4:00 p.m. Jeff Louman retirement ceremony — Huibregtse, Louman Associates
5:15 p.m. City Council executive session — Council Chambers
6:00 p.m. City Council meeting — Council Chambers
Office Of Mayor /City Council
Preliminary Future Activities Calendar
Please Note: Meetings are subject to change
C
M ti g
nrti meeting P � P r op w uts ' �� �1 it c do
Date/Time
Mon. Dec. 28
12:00 p.m. Capitol Theatre Board Board meeting Coffey Capitol Theatre
meeting
Wed. Dec. 30
1:00 p.m. City Manager search Scheduled Meeting Adkison, Coffey, CM Conference Room
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Fri. Jan. 1
CITY OFFICES CLOSED
Tue. Jan. 5
12:00 p.m, Special Council meeting - Scheduled Meeting Council CM Conference Room
Legislative issues
4:00 p.m. Jeff Louman retirement Scheduled Event Open HLA - 2803 River Road
5:15 p.m. City Council executive Scheduled Meeting Council Council Chambers
session
6:00 . m City Council meeting Scheduled Meeting Council Council Chambers