HomeMy WebLinkAbout2004-023 2004 South 72nd Avenue annexation fire protection Item C
ORDINANCE NO 2004 - 23
AN ORDINANCE amending the 2004 budget for the City of Yakima, and makmg
appropriations within the General and Emergency Medical
Services (EMS) Funds for expenditure during 2004 to provide
full-time Fire protection service to the South 72n Avenue
annexation area.
WHEREAS, the General and EMS funds contam Unappropriated Fund Balances
available for appropriation and expenditures during 2004 m various amounts as detailed in
the attached Schedule I to provide full-time Fire protection service to the South 72n
Avenue annexation area, and
WHEREAS, at the time of the adoption of the 2004 budget it could not
reasonably have been foreseen that the appropriation provided for by this ordinance would
be required, and the City Council declares that an emergency exists of the type
contemplated by RCW 35.33 091 and that it is m the best mterests of the City to make the
appropriation herein provided, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Appropriations are hereby made, for expenditure durmg 2004, from
Unappropriated Fund Balances m the various Funds to the various accounts and m the
various amounts, to provide full-time Fire protection service to the South 72n Avenue
annexation area, all as specified in the Schedule attached hereto and incorporated herein.
Section 2. This ordinance is one making an appropriation and shall take effect
immediately upon its passage, approval and publication as provided by law and by the City
Charter
PASSED BY THE CITY COUNCIL, signed and approved thisl3ay of April,
67 ,0,cd , ;
PAUL P GEORGE, • YOR
ATTEST:
6ai-
CITY CLERK
First Readmg. 3 - 16 - 2004
Pubhcation Date 4 - 16 - 2004
Effective Date 4 -16 -2004
Cepperson 3/10/2004
APPROP ORDINANCE PAGE 1
SCHEDULE I
General Fund - Fire Department
RESOURCES:
Property Tax
000 - 000 - 699 - 0000 - 31110 -G16 $158,000.00
TOTAL RESOURCES $158,000.00
APPROPRIATIONS•
Salaries- Permanent
000 - 032 - 122 - 0000 - 52220 -111 $158,000 00
TOTAL APPROPRIATIONS $158,000.00
Emergency Services
RESOURCES:
Emergency Services
150 - 150 - 699 - 0000 - 33825 -EMS $13,000.00
TOTAL RESOURCES $13,000 00
APPROPRIATIONS:
Salaries- Permanent
150 - 150 - 122 - 0000 - 52220 -111 $13,000.00
TOTAL APPROPRIATIONS $13,000.00
erp 3/11/2004 11.15 AM appropriation misc
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT {
Item No A. — 2,
For Meeting Of March 16, 2004
ITEM TITLE Consideration of Legislation regarding the South 72 Avenue
Annexation Fire Service Delivery by
A. Consideration of the recommended "Staffing Plan" report that
adds an engine company and (9) new full -time positions, and
B A resolution executing a Letter of Understanding between the City
of Yakima and the International Association of Firefighters Local
469; and
C. An ordinance amending the 2004 budget for the Fire /EMS
Department.
SUBMITTED BY Richard A. Zais, City Manager
Dennis Mayo, Fire Chief
CONTACT PERSON /TELEPHONE. Dennis Mayo, Fire Chief - 575 -6060
Steve Scott, Deputy Fire Chief - 575 -6060
SUMMARY EXPLANATION
City Management and the Fire Department recommend extending full -time Fire
Protection Service to the annexed areas. The Fire Department requests to add an
engine company, (12) personnel, to provide Fire /EMS service to the South 72
Avenue Annexation and the western section of the City This is based on our duty to
serve this area with a standard of protection that is consistent throughout the City and
as outlined by the Staffing Plan report. (Item A) (Continued)
Resolution X Ordinance X Contract Other (Specify) Staffing Report
Funding Source General Fund /EMS Fund Property Taxes
APPROVED FOR SUBMITTAL.
ity Manager
STAFF RECOMMENDATION A) Accept the recommended Staffing Plan report,
increasing Fire Department staffing by (9) positions,
B) Adopt a resolution for executing a Letter of Understanding between the City of
Yakima and the International Association of Firefighters Local 469; and
C) Read Ordinance by title only at the March 16, 2004 meeting; pass Ordinance after
second reading at the April 13, 2004 meeting.
BOARD /COMMISSION RECOMMENDATION Council Public Safety Committee
reviewed and endorsed these actions at their March 2, 2004 meeting
COUNCIL ACTION (A) APPROVED.
(B) Resolution adopted. REOLUTION NO. R- 2004 -43
(C) First reading of ordinance; second reading scheduled 4 -13-04
4- 13-04: Ordinance passed. ORDINANCE, NO. 2004 -23
Fire Department Agenda -cont.
The addition of an engine company would be accomplished by utilizing (3) three
currently authorized but unfilled positions and increasing staffing by (9) nine newly
authorized positions. The proposal contemplates the termination of the current
contract with West Valley Fire District #12 effective April 1, 2004 (see Attachment 1)
Costs and budget related to extending full-time fire protection service to the annexed
area and western area of the city are itemized and the revenue sources exist and are
identified. In summary, the balance of the budget for the contract with West Valley
Fire District #12 will be reallocated to salary /other operating expenses in both the
General and EMS Funds, capital contributions from the EMS fund will be reallocated
to salary expense; and a balanced appropriation is being proposed which would
increase the budgeted amount of Property tax to match updated collection estimates
for the actual 2004 levies in both the General Fund and EMS Funds to cover any
additional cost above the current budget. No General Fund or EMS Fund reserves
are proposed to be used in 2004.
The International Association of Firefighters Local #469 filed an Unfair Labor Practice
complaint with the Public Employment Relations Commission regarding the City's
contract with West Valley Fire District No 12 for fire protection services in the South
72 Avenue Annexation area. Local 469 has expressed a willingness to settle the
issues and withdraw its Unfair Labor Practice complaint in accordance with the Letter
of Understanding. (Item B)
At the March 2, 2004 meeting, the Yakima City Council Public Safety Committee,
comprised of Councilpersons Bernard Sims, Mary Place and Susan Whitman,
reviewed and endorsed the "Staffing Plan", "Budget Proposal ", and the "Letter of
Understanding.
Staff is requesting that the City Council accept the report and authorize the City
Manager to implement the recommended "Staffing Plan", creating (9) nine new
positions — (1) one Captain, (2) two Lieutenants (6) six Firefighters, and filling (3) three
current vacancies. By accepting the report and the budget presented, the 12 positions
will exist necessary to extend full -time Fire Protection service to the South 72 Avenue
Annexation and the western section of the City (Item A)
It is also requested that Council direct the City Manager to execute the Letter of
Understanding between the IAFF Local #469 and the City of Yakima regarding fire
protection services in the South 72 Avenue annexation area and elimination of the
Unfair Labor Practice (PERC Case # 17337 -U -03 -4474) (Item B)
Council is also requested to approve the attached Appropriation Ordinance increasing
the 2004 budget, funded by an increased estimate of property taxes for the Fire
Department with the understanding that this endeavor is financially feasible within
current budgetary revenues. (Item C)
Item A
Staffing Plan of the S. 72 Ave Annexation Area
On March 2 the Public Safety Committee was presented for their review, the financial
package and service delivery plan to provide fire protection to the area beginning April
1st. After review of staff recommendations the Public Safety Committee has approved
the following staffing plan and will make a proposal to Council at the March 16 City
Council meeting regarding level of service to be provided to the South 72 Avenue
Annexation.
Staff recommendation is to place in- service an apparatus (Reserve Fire Engine) at our
40` and Englewood Station to serve the South 72 Avenue Annexation on April lst
Three personnel would be assigned to the engine company each day It has been our
expenence that 24 hour staffing that travels from the Englewood Station to the South 72nd
Annexation areas provides an overall faster response time to emergencies than the current
volunteer response from West Valley Fire Department. It is our goal that responding
from the Englewood Station would be an interim solution until a division of assets is
determined from the South 72 Annexation or a co- location agreement is reached with
West Valley Fire
Public safety of the citizens in the area of the South 72 Avenue Annexation is best
served by both agencies working together once again. A point co- location or interagency
sharing of the 77` and Tieton Station is fundamental to prompt definitive service to the
area.
Labor and management units have meet with West Valley Fire management and
volunteers to discuss the possible co- location of both agencies in the 77` and Tieton Fire
Station. Discussions have been positive and staff is optimistic that the 77` and Tieton
Fire Station can become an interagency facility Discussions have centered on immediate
interagency occupation of the station while the division of assets are negotiated. It
continues to be the goal of the City of Yakima and West Valley Fire Department to work
together to provide seamless coverage as we work through the final process of fire
protection in the South 72 Avenue Annexation
When a new firefighter joins the Yakima Fire Department, it requires six weeks of
training to prepare and certify them for emergency duty Due to safety and span of
control it is not recommended to train more than six new firefighters dunng each six -
week training period.
To efficiently staff a fire station that houses a responding fire engine takes a total of
twelve firefighters Increasing the number of personnel to staff an additional engine
company for the annexation takes time and flexible allocation of resources Our staffing
plan is a staggered level of adding personnel to provide service to the area that minimizes
overtime during the time it takes to train new firefighters to certify for duty
To have sufficient personnel to staff the new apparatus without the incurrence of
excessive overtime, staff proposes hiring six new firefighters on April 1 and an
additional six firefighters to be hired on June 1 Three of the twelve personnel we
propose hiring are currently budgeted positions. Reinstatement of these three vacant
positions would provide us additional personnel that would reduce overtime impact.
Unbudgeted staffing to serve the South 72 Annexation staffing would be a net increase
of nine additional full time employees
Our staffing plan begins with an Engine Company (Engine 92) placed in- service on April
l at the 40 and Englewood Station. Overtime money will fund the staffing of Engine
92 until six firefighters hired on April 1 are certified for emergency duty (May 15
Overtime will be further reduced after the remaining six firefighters that are hired on June
1 become certified for duty on July 15
Staffing of Engine 92 at the Englewood Station would continue until a facility is
available in the South 72 Avenue Annexation or an agreement is made to have
interagency co- location of the 77 and Tieton Fire Station.
Funding for staffing and resources necessary to deliver service to provide South 72
Avenue Fire Protection is provided from a variety of sources The revenue flow for fire
protection includes Emergency Medical Services property tax, general fund property
tax, general fund utility taxes, sales tax and other resources.
On the following pages are the Budget Plan that details the revenue and expenditures of
the South 72 Avenue Annexation Staffing Plan
South 72nd Avenue Annexation Budget
EXPENSES 1ST YEAR Annualized
OPERATIONS RATE FACTOR 11 APRIL'04 2005
PERSONNEL (Salary and Benefits)
1 New Captain Position $91,000 0 75 $68,250 $91,000
2 New Lieutenant Positions $81,000 0 75 $121,500 $162,000
6 New Firefighter Positions $60,000 $360,000
3 for 9 months of year $60,000 0 75 $135,000
6 for 7 months of year $60,000 0 58 $208,800
3 Existing Firefighter Positions (Vacant) $60,000 0 75 $135,000 $180,000
TOTALS $668,550 $793,000
OVERTIME
3- Person Crew on E -92 Apr 1 to May 15 $71,440
1- Person from May 15 to July 15 $52,440
Instructor and Backfill for Academy $20,000
TOTAL OVERTIME $143,880 $143,880 $36,000
TOTAL PERSONNEL EXPENSES $812,430 $829,000
Contract with WV Jan.1 to March 31 $405,730 0.25 $101,433
Other Hiring/Operating Expenses (1) $20,000
Station Operating Expenses (2) $40,000
TOTAL EXPENSES $933,863 $869,000
(1) Includes Physicals, Psychological exams, and Background Checks.
(2) Reflects cost of operating 24 hour full -time coverage facility Not anticipated until 2005
RESOURCES
General Fund - Property Tax (1) $595,000 $595,000
General Fund - Utility Taxes, Sales Tax, Other Resources (2) $240,000 $180,000
EMS Fund - Property Tax (3) $116,000 $120,000
TOTAL RESOURCES $951,000 $895,000
REVENUE FLOW
(1) General Fund Property Tax from the So 72nd/Congdon Annexation that is available for Fire Service.
Annexation Property Tax Increase $1,000,000
Less Library - $130,000
Streets - $200,000
Parks - $75,000
Net Available for Fire $595,000
(2) Represents a portion of resources other than property tax (i.e. utility taxes, sales tax, and other resources)
generated from the annexation area which were allocated for Fire Department use. This would include (3)
three Firefighter positions already in the 2004 budget, but currently unfilled.
(3) 2004 represents the amount of EMS property taxes available for servicing the annexation areas. The
annualized budget represents 2 firefighter positions allocated to the EMS fund.
Fire Department 3/11/2004
South 72 Avenue Annexation Budget
The attached budget breakdown reflects the budgetary needs to provide for the addition
of an engine company, begmnmg April 1, 2004 to provide Fire and EMS protection to the
western portion of the City of Yakima.
EXPENSES
Personnel. (Factored for partial year 2004 and Annualized for 2005)
• Hire 12 new personnel (9 newly authorized positions)
• Create 1 new Fire Captam, 2 new Fire Lieutenant promotional positions.
• Add 6 new Firefighter positions.
• Fill 3 currently budgeted (but vacant) Firefighter positions.
• Hire 6 Firefighters on April 1, 2004 and 6 Firefighters on June 1, 2004
• Two recruit academies, (April 1 to May 15) and (June 1 to July 15)
• Salary assumptions are based on 2003 rates, and will be subject to change subject
to labor negotiations with IAFF local 469
Overtime (Staffing the engme until the new personnel are trained and training costs)
• Personnel to staff engine from April 1 to July 15
• Instructor and Backfill for the two recruit academies.
• Overtime spike due to transition coverage of engine company
Year to Date Cost: (Contract with West Valley Fire District)
• $101,433 through March 31
Station Operatmg Expenses.
• Estimated for anticipated facility for 2005 Negotiations m process for transfer of
assets.
RESOURCES
• Appropriations derived from existing revenue flow, WV contract budget, and
Capital.
• EMS Fund Property Tax to be dedicated to 2 Firefighter positions.
Budget Amendments Necessary for 2004
• Transfer 75% (April through December) of the contract with West Valley Fire
District 12 from professional services to salary /overtime accounts -- $266,000 m
General Fund, $40,200 in EMS Fund.
• Transfer $50,000 from the capital contribution account in EMS Fund to
salary /overtime accounts -- anticipated to be recovered from the future distribution
of assets negotiated with the Fire District.
• Pass an appropriation ordinance which mcreases budgeted property tax revenue to
updated estimates of levy collection amounts, and completes the additional
expenditure budgets m salary and other operating accounts -- $158,000 m General
Fund, $13,000 m EMS Fund.
• Other costs are already included m the 2004 budget (i.e. 3 firefighter positions, 3
top step firefighters that will be promoted. to Captain/Lieutenants.)
Administration
Fire Suppression — I
Fire Investigation tcti
& Education , "
Training
Communications , >��: �� 401 North Front Street, Yakzma, WA 98901 (509) 575 -6060
TO Honorable Mayor and City Council
FROM. Dennis Mayo, Fire Chief
SUBJECT South 72 Avenue Annexation Fire Protection Overview
DATE March 16, 2004
The January 29, 2004 Washington State Supreme Court opinion issued regarding the
South 40 Annexation removed the uncertainty that existed of who had junsdictional
authority of providing fire service to the South 72 Avenue Annexation. Based on the
Supreme Court opinion, a notice of termination of the South 72 Avenue Annexation
contract with West Valley Fire Department has been issued. The termination of the
contract will become effective April 1, 2004 (attachment 1)
Our contract with West Valley Fire Department has been an effective, professional and
cooperative effort at all levels from the Yakima City Council and West Valley Fire
District Commissioners to the firefighters from both agencies responding to the
emergency needs of the citizens Our relationship has been a model of collaboration in
public service not to be diminished within the differences in the legal arena.
The City of Yakima now has clear responsibility to provide fire protection to the South
72 Avenue Annexation. Provision of service by the Yakima Fire Department to the
South 72 Avenue Annexation is consistent with a fundamental duty to serve the area
and coincides with other services the City has been providing to South 72 Avenue
Annexation, police, transit and public works
Local 469 of the IAFF (International Association of Fire Fighters) has filed an Unfair
Labor Practice with the Public Employees Rights Commission Local 469 is asserting
our current contract with West Valley Fire Department is a violation of employee rights
and a refusal to bargain in good faith by subcontracting fire protection services with the
West Valley Fire Department without providing an opportunity for bargaining City
administration and Local 469 have negotiated a resolution that will remove the Unfair
Labor Practice complaint. Attached is item B, which is a draft of the Letter of
Understanding that removes the Unfair Labor Practice
A division of assets from a fire protection district to a city occurs when the area annexed
will impose a significant increase in the fire suppression responsibilities of the city with a
corresponding reduction in fire suppression of the fire protection district.
In the City of Yakima's contract termination letter to West Valley Fire Department, the
City included a- request to restart negotiation for division of assets. In response to the
South 72 " Avenue Annexation a division of assets negotiation began in 2001 with the
West Valley Fire Department and the City of Yakima. The division of asset negotiations
was abruptly stopped when the Supreme Court issued their 2002 opinion that questioned
the method of annexation that was utilized. Our goal is to provide the best fire service
protection possible by working cooperatively with the West Valley Fire Department.
Fire Protection Service to the South 72 Avenue Annexation will dramatically improve
protection of life and property not only to the annexed area but greatly improve the
ability of the Yakima Fire Department to serve the entire city
Item B
RESOLUTION NO R- 2004 -_43
A RESOLUTION authorizing and directing the City Manager to execute a Letter of Understanding
between the City of Yakima and the International Association of Firefighters Local
469 regarding fire protection services in the South 72n Avenue annexation area.
WHEREAS, the International Association of Firefighters Local 469 ( "IAFF ") is the exclusive
bargaining representative for Fire Department employees in the LEOFF and PERS classifications, 9 -1 -1
Call takers, Public Safety Dispatchers, and Lead Public Safety Dispatchers with exceptions for the Fire
Chief, Deputy Fire Chiefs, Battalion Chiefs, Alarm Supervisor, Administrative Assistant, Public Safety
Communications Division Manage, and Public Safety Communications Supervisor
WHEREAS, on March 19, 2003, IAFF filed an Unfair Labor Practice complaint with the Public
Employment Relations Commission regarding the City's contract with West Valley Fire District No. 12 for
fire protection services in the South 72n Avenue annexation area, and
WHEREAS, on February 24, 2004, the Unfair Labor Practices complaint was deferred to
arbitration by the Public Employment Relations Commission, and
WHEREAS, IAFF has expressed a willingness to settle the issues of fire protection services in the
South 72 Avenue annexation area and withdraw its Unfair Labor Practices complaint in accordance with
the terms and conditions of the attached Letter of Understanding; and
WHEREAS, the City Council has determined that it is in the best interest of the City of Yakima to
resolve the issues of fire protection services in the South 72n Avenue annexation area in accordance with
the terms and conditions of the attached Letter of Understanding, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
The City Manager is hereby authorized and directed to execute the attached and incorporated
"Letter of Understanding" with the International Association of Firefighters Local 469
ADOPTED BY THE CITY COUNCIL this 16th day of March , 2004
Paul P George, Mayor
ATTEST
City Clerk
LETTER OF UNDERSTANDING
THIS LETTER OF UNDERSTANDING is made by and between the
International Association of Firefighters (IAFF) Local 469 and the City of Yakima,
Washington, and is intended to address issues regarding the South 72 Avenue
annexation.
WHEREAS, the Collective Bargaining Agreements by and between the City of
Yakima and Local 469 state that Local 469 is the exclusive bargaining representative for
the following City employees. all Fire Department employees m LEOFF classifications,
all regular Fire Department employees m the PERS classifications, 9 -1 -1 Calltakers,
Public Safety Dispatchers, and Lead Public Safety Dispatchers with exceptions for
temporary employees, the Fire Chief, Deputy Fire Chiefs, Battalion Chiefs, Alarm
Supervisor, Administrative Assistant, Public Safety Communications Division Manager,
and the Public Safety Communications Supervisor (Article 1 1 of LEOFF CBA, Article
1 1 of PERS CBA, and Article 1 1 of Dispatcher CBA.)
WHEREAS, the IAFF Local 469 ( "Umon" herein) has been and shall continue to
be m the future the exclusive bargaining representative of the firefighters who provide
fire protection services and other related fire department services within the City of
Yakima.
WHEREAS, the City of Yakima ( "City" herein) is a Charter City of the first
class of the State of Washington and is the employer of all members of the Yakima Fire
Department ( "YFD" herein)
WHEREAS, the Union currently has an Unfair Labor Practice pending against
the City with the Washmgton State Public Employment Relations Commission (PERC
Case No 17337 -U -03 -4474) m regards to issues that are related to the South 72 Avenue
annexation.
WHEREAS, the Union clauns and the City denies that the City violated RCW
41.56 by contracting out the Union's bargammg umt work m the annexed area to Yakima
County (West Valley) Fire District No 12.
WHEREAS, it is understood and agreed that this Letter of Understanding is the
compromise of a disputed claim, and that the terms and conditions herein are not to be
construed as an admission of liability on the part of the City
WHEREAS, the City proposed full -tune fire service protection via a three- person
fire crew m the existing West Valley Sta. 1 to the citizens of the South 72 Avenue
annexation area.
WHEREAS, it is the current stated policy of the Yakima City Council to annex
the Urban Area surroundmg the City of Yakima.
NOW, THEREFORE, m consideration of the mutual covenants, promises, and
agreements set forth herein, it is voluntarily agreed by and between the City and the
Umon, as follows:
1 The City will, by April 1, 2004, assign all of the Umon's bargammg unit work m
the South 72 Avenue annexation area to appropnate members of the Umon,
mcludmg new hires.
2. In the future, the City hereby agrees that the City shall not contract out any fire
service work or other bargaining unit work of any member of the Union without
first fulfilling all of the City's legally required collective bargaining obligations
towards the Umon.
3 As part of the City's agreement to assign Umon work to the members of the
Umon as described above, the City shall place in- service an additional three -
person minimum engine company by April 1, 2004, m order to assist with
handlmg fire protection work m the South 72 Avenue annexation area. The City
shall utilize a minimum of two off -duty personnel to back fill until ample newly
hired firefighters are released to work m the operations division.
4 The City shall promote two bargaining unit members to lieutenant by April 1,
2004
5 Subject to agreement by Yakima County Fire District No 12, the City shall
establish a station m West Valley Sta. 1 where the additional crew will respond
starting April 1, 2004
6 The City and the Umon agree to cooperatively formulate a plan on staffmg sta. 91
with an additional person within one hundred and eighty days from the date of
this Letter of Understanding. Adding an additional person to Sta. 91's minimum
staffing would establish two three - person minimum companies (increasing
minimum staffing to 20 per platoon) Such an additional person would allow
there to be three three- person crews m the downtown stations (Sta. 91 and Sta.
95), which may help offset some of the workload created when West Side stations
93, 94, and 92 respond to alarms. Nothing herein abridges the right of the
Yakima City Council to make ultimate staffing decisions.
7 Subject to agreement by Yakima County Fire District No 12, the Union shall co-
locate with Fire Distnct No 1 at West Valley Sta. 1 and may respond to
emergency incidents outside the City's jurisdiction m Sta. 92's pre - existing
response area contmgent upon the terms of the contract between the City of
Yakima and the West Valley Fire District.
8 The City and the Union agree to discuss durm the 2004 -2006 CBA Negotiations
the number of people hired for the South 72 Avenue Annexation and how that
will affect time off. (See LEOFF CBA Article 22.5(a))
9 The Union shall, by April 15, 2004, withdraw its Unfair Labor Practice complaint
(PERC Case No 17337 -U -03 -4474) against the City
Both parties hereby agree to abide by the terms and conditions set forth m this agreement.
This Letter of Understanding is executed by the parties this day of , 2004
Ron Johnson Dick Zais
President City Manager
IAFF Local 469 City of Yakima
Thomas A. Schneider Dennis K. Mayo
Secretary Treasurer Fire Chief
IAFF Local 469 City of Yakima
ATTEST
City Clerk
City Contract No Resolution No
OFFICE OF THE CITY MANAGER Att achment 1
' 129 North Second Street
v j CITY HALL, Yakima, Washington 98901
§, ' ;, r Phone (509) 575 -6040
February 26, 2004 Hand Delivered
Mailed Certified
Return Receipt Requested
Mr Jerry Craig, Chair
Board of Fire Commissioners
Yakima County Fire District #12
7707 Tieton Drive
Yakima, WA 98908
Re Notice of Termination of Agreement for Continuation of Fire Services, and
Request to Restart Asset Transfer Negotiations
Dear Mr Craig
On behalf of the City of Yakima, I want to acknowledge and thank Fire Protection
District #12 for the high degree of cooperation demonstrated while the legal status of
the South 40 Avenue and South 72 Avenue Annexations were respectively pending
before the Washington State Supreme Court and the Division III Court of Appeals The
willingness of Fire District #12 to serve, through the Agreements for Continuation of Fire
Services, the South 72 Avenue Annexation area during this difficult time is particularly
commendable and appreciated
While the South 72 Avenue Annexation was not directly before the Supreme Court in
Grant County Fire District No. 5 v. Moses Lake, the decision of the Court effectively
removes any cloud of uncertainty and validates the legality of the annexation of that
area to the City of Yakima As such, it is appropriate to revisit whether to continue this
contractual arrangement between the parties beyond March 31, 2004
At this point, the City of Yakima Fire Department desires to provide full fire suppression
and emergency services to the South 72 Avenue Annexation area Accordingly, the
City hereby notifies Fire Protection District #12 that it is terminating the "Agreement for
Continuation of Fire Services" that was executed by the parties on or about December
9, 2003 The termination shall be effective as of midnight, March 31, 2004 The City
Fire Department shall begin its full service to the area on April 1, 2004
Additionally, due to the uncertainty of the validity of the South 40 Avenue and South
72 Avenue Annexations, the City and Fire District #12 never concluded asset transfer
negotiations The City would like to restart these negotiations as soon as possible
Please let me know if this is acceptable to Fire District #12 so that we can arrange a
mutually agreeable meeting time
Yakima
I J IJ! m.orr
Mr Jerry Craig
February 26, 2003
Page 2
On behalf of the City of Yakima, thank you again for the cooperation and efficiency
exhibited by Fire District #12 in providing fire suppression and emergency services to
the South 72 Avenue Annexation area during difficult and uncertain times I look
forward to working with you and Fire District #12 in the near future to resolve remaining
annexation issues If you have questions about anything pertaining to this letter, please
do not hesitate to call me
Very truly yours,
Dick Zais,
City Manager
cc Honorable Mayor and City Council members
Dennis Mayo, Fire Chief, City of Yakima Fire Department
Dave Leitch, Fire Chief, Yakima County Fire District #12
Ray Paolella, City Attorney
Ken Harper, Menke Jackson et al, LLP
Ron Johnson, IAFF
Tom Schneider, IAFF