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HomeMy WebLinkAbout08/02/2011 04A Draft Minutes 06-07-2011 Business MeetingYAKIMA CITY COUNCIL JUNE 7, 2011 COUNCIL CHAMBERS, YAKIMA CITY HALL 5:00 P.M. — EXECUTIVE SESSION Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover 2. Executive Session (allow 1 hour) • Pending and prospective litigation • To evaluate the qualifications of an applicant for public employment Executive Session adjourned at 5:55 p.m. 6:00 P.M. — BUSINESS MEETING 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager Zais, City Attorney Cutter and City Clerk Kloster 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance 3. Open Discussion for the Good of the Order A. Proclamations - None B. Presentations /recognitions /introductions - None C. Status reports on prior meeting's citizen service requests — None D. Appointments to Boards, Commissions and Council Committees — None 4. Consent Agenda Mayor Cawley 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 10 and 12 were added to the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. COFFEY MOVED AND ENSEY 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.) , -I LJ June 7, 2011 *A. Consideration of approval of City Council Meeting Minutes Y Business Meeting -- May 3, 2011 0 The minutes of the May 3, 2011 Business meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. B. Consideration of approval of Council Committee Meeting Minutes *1. Intergovernmental Committee — May 10, 2011 2. Budget Committee — May 25, 2011 A. 2012 Budget planning B. Consideration of Committee recommendations for 2012 budget process City Manager Zais advised that at the June 21 Council meeting there will ,be an executive session on labor negotiations as all labor contracts are open for 2012. They will be looking for Council guidance regarding labor negotiations for 2012 and development of the 2012 budget. He reviewed the revenue and expense projections for 2011 and 2012. With respect to revenues, the projection in the 2011 general government for all major categories is approximately $219,OOO.1ess than what was in budgeted. The projection for 2012 is showing a little less than a 1 % growth in total revenues above the new.base set for this year. On the expenditure side for 2011, the major cost impacts that will exceed 2011 projections are jail and fuel costs. There will be some savings in personnel costs for positions not being filled for a period of time, as well as some positive results from a transition with pensions for LEOFF I employees. Council committee minutes were approved. 5. Audience Participation Tony Courcy complained about City code enforcement actions regarding his second- hand store on North 16th Avenue. City Attorney Cutter advised that Mr. Courcy's code issue is scheduled for a future meeting with the Community Review Board. Candie Turner spoke in support of Wesley Methodist Church's recycling center. She would like to see an increase in fines for people who abuse the private recycling centers with garbage and non- recyclables. 7:00 P.M. — PUBLIC HEARINGS 6.. Public meeting and consideration of a Resolution approving the final plat for Washington Heights Phase 2 Supervising Planner Bruce Benson reviewed the final plat details. Staff recommends adopting the resolution approving the final plat. Mayor Cawley opened and closed the Public meeting with no one coming forward to speak. u K June 7, 2011 The City Clerk read the resolution by title; EDLER MOVED AND ADKISON SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2011 -76, A RESOLUTION approving the final plat of Washington Heights Phase 2 and authorizing the Mayor to sign the final plat. 7. Public hearing to consider: A. Adopting the Six -year Transportation Improvement Program for the years 2012 -2017 and amending the Metropolitan Transportation Plan; and B. Amending the Yakima Urban Area Comprehensive Plan Capital Facilities Element City Engineer Doug Mayo advised this is the first of two required public hearings; the second public hearing is on June 21. There are 81 projects on the list, but only 12 have funding at this point.. In order to be eligible for gas tax or federal funding, the project must be on the list in case an opportunity arises for funding. When a project begins, it is taken off the list. Mayor Cawley opened and closed the public hearing with no one coming forward to speak. 0 8. Public Hearing to consider disestablishment of the 2008 Downtown Yakima Business Improvement District • City Attorney Cutter explained that the current DYBID established in 2008 will sunset on September 8, 2011, and is required to be disestablished by ordinance. Council Member Lover asked if this needs to be done to start the new process. Mr. Cutter replied the only reason this has to be done is because the creation ordinance requires it. Mayor Cawley opened the public hearing. Jamie Stickel, Chairman of the Committee for Downtown Yakima (CDY), reviewed their efforts to. establish a new business district in the downtown area and provided statistics associated with CDY activities. He emphasized the importance of continuing this program. Mayor Cawley closed the public hearing. EDLER MOVED AND COFFEY SECONDED TO PREPARE THE APPROPRIATE LEGISLATION. The motion carried by unanimous roll call vote. 3 June 7, 2011 CITY MANAGER'S REPORTS 9. Consideration of a Resolution requiring contractors and vendors for general services contracts over $2,500, Public Works contracts over $5,000, and the City itself to enroll and participate in the federal E- Verify employment eligibility system Assistant Attorney Mitchell reviewed the intent of the resolution. E- Verify has.been used in the federal system for contracts over $100,000 and there is legislation pending in numerous states recommending its use. It is a free program established with Homeland Security. Those who spoke in opposition to adopting the E- Verify system in Yakima were: Mateo Arteaga; Nestor Hernandez; Luz Bazan Gutierrez; Toby Guevin; Angelina Sanchez; Gonzalo Guillen; David Kearby; Maria Morfin; Rogelio Montes; Aniceto Ibanez; Martin Chacon; Ana Guzman; Higinio Coronel; Paula Zambrano; Lynne Kittelson; and Nick Marquez. Those who spoke in favor of adopting the E- Verify system in Yakima were: Kirk Groenig and Mr. Dimon. The City Clerk read the resolution by title; ETTL MOVED AND LOVER SECONDED TO ADOPT THE RESOLUTION. Council Member Ettl thought the citizens' testimony included much misinformation. If this system appears divisive then it's a problem of individual interpretation of the law. Council Member Lover stated he doesn't believe it is divisive to expect the Council to be good stewards with the taxpayer's money. Council Member Adkison stated she voted against it last year and still has the same philosophical problems with it. She researched it and found the people that were using it felt there were some serious flaws that may cause harm to people who were applying for jobs on both sides of the issue. Council Member Ensey stated this is a very specific use of E- Verify, simply for companies that want to contract with the city. He didn't vote on it previously because of certain requirements that have been revised. Assistant Mayor Coffey read a statement_ summarizing the research she has done on this issue. She believes E- Verify should be implemented at the Federal level. Council Member Edler believes the issue is political and not about the facts. He thinks we are igniting a problem that many have been working hard for years to create — a community. Mayor Cawley stated he supported this the last time, and in this country you have to have documentation to work. Assistant Mayor Coffey called for the question. The Resolution carried with a 4 -3 vote; Coffey, Edler and Adkison voting no. RESOLUTION NO. R- 2011 -77, A RESOLUTION directing the City of Yakima's participation in the Federal E- Verify program; requiring contractors and business entities contracting with the City of Yakima to participate in the E- Verify program, and directing the verification of City of Yakima new employee eligibility through the E- Verify program. • M June 7, 2011 *10. Consideration of a Resolution authorizing execution of an agreement with Yakima School District No. 7 for the donation of $500,000 for the Upper Kiwanis Park Development Project RESOLUTION NO. R- 2011 -78, A RESOLUTION authorizing the City Manager to execute an agreement between the City of Yakima and Yakima School District No. 7 for development, maintenance and use of Upper Kiwanis Park. 11. Consideration of a Motion to read the Notice provided by the PERC Compliance Officer in Case 21562 -U -08 -5494 into the record Helen Harvey, Assistant City Attorney, gave background information on this issue. EDLER MOVED SECONDED BY ADKISON TO HAVE THE CITY CLERK READ THE NOTICE PROVIDED BY THE PERC COMPLIANCE OFFICE IN SAID CASE INTO THE RECORD AT THIS REGULAR'PUBLIC MEETING OF THE CITY COUNCIL, AND THAT A COPY OF THE NOTICE BE PERMANENTLY APPENDED TO THE OFFICIAL MINUTES OF THIS MEETING, PURSUANT TO THE PERC "CORRECTED DECISION OF COMMISSION" DATED MAY4, 2011. The motion carried by unanimous voice vote. The City Clerk read the Notice into the record. A copy is attached as a part of these minutes. City Manager Zais stated that he takes this matter very seriously, sincerely regrets the Unfair Labor Practice and will comply with the recommendations to the best of his ability. He added the City will take steps to insure this sort of practice does not occur again. Helen Harvey advised that the legal counsel who represented the City has submitted a letter that is part of the record, which sets forth the steps the City has already taken to comply with the order. ® *12. Consideration of a Resolution authorizing execution of Supplements for continued construction oversight on the Yakima Railroad Grade Separations Phase 2- Lincoln Avenue project: A. Supplement No. 8 of the Professional Services Agreement with .Berger /Abam Engineers, Inc. RESOLUTION NO. R- 2011 -79, A RESOLUTION authorizing the City Manager to execute an additional (eighth) supplemental agreement with BERGER /ABAM Engineers, Inc., for project administration, inspection and engineering support for the Lincoln Avenue Grade Separation Project. B. Supplement No. 1 of the Professional Services Agreement with Cascade Project Management RESOLUTION NO. R- 2011 -80, A RESOLUTION authorizing the City Manager to execute a supplemental agreement with-Cascade Project Management, PLLC for continued services as the City's Representative for the Lincoln Avenue Grade Separation Project. 13. Status Report regarding modification to the Historic Preservation Ordinance Acting Assistant City Manager Morales reviewed the report. Senior Assistant ® Attorney Kunkler explained that following a meeting with the Community and Economic Development Committee, new language was added allowing contributing 5 June 7, 2011 property within the district to have the choice of opting out. The review process would not apply to the non - contributing properties within the district. Council Member Ensey had several concerns regarding contributing versus non - contributing property. Mayor Cawley, Assistant Mayor Coffey and Council Member Ensey will review outstanding concerns before legal staff prepares an ordinance for consideration by the full Council. Bill Duerr 3206 W. Yakima Avenue, related he is a member of the Barge Chestnut Neighborhood Association (BCNA) and requested that members of the Historic Commission, the Council and the BCNA have a study session and discuss these issues. *14. Consideration of Finance Department 1St quarter reports: 1. Revenues and expenditures 2. Central accounts receivables 3. Treasury report The reports were accepted. *15. Consideration of final contract payment for South 64th Avenue . sanitary sewer J extension (Standard Motion V -B — Accept the project and approve the final payment) The report from the City Engineer, dated June 7, 2011, with respect to the completion of the work on the South 64 Avenue Sanitary Sewer Extension, performed by West Coast Construction was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *16. Consideration of a Resolution authorizing execution of a two -year extension to the professional services agreement with Wells Fargo Insurance Services USA, Inc. RESOLUTION NO. Rr2011 -81, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a two -year extension to the professional services agreement for property and casualty insurance broker and risk management services with Wells Fargo Insurance Services USA, Inc. *17. Consideration of a Resolution authorizing execution of an interlocal agreement with Yakima County for streetscape improvements RESOLUTION NO. R- 2011 -82, A RESOLUTION authorizing the City Manager to execute an Interlocal Agreement with Yakima County for Street Improvements. *18. Consideration of a Resolution authorizing execution of an intergovernmental cooperative purchasing agreement with Chemeketa Community College for goods and services RESOLUTION NO. R- 2011 -83, A RESOLUTION authorizing the execution of'an Intergovernmental Cooperative Purchasing Agreement with Chemeketa Community College. R June 7, 2011 *19. Consideration of a Resolution adopting Yakima Transit's Transit Development Plan for 2011 -2016 and annual report for 2010 RESOLUTION NO. R- 2011 =84, A RESOLUTION adopting Yakima Transit's Transit Development Plan for 2011 -2016 and annual report for 2010 as required under RCW 35.58.2795. *20. Consideration of a Resolution authorizing execution of a contract for paratransit eligibility services RESOLUTION NO. R- 2011 -85, A RESOLUTION adopting a resolution authorizing the City Manager to enter into a contract for paratransit eligibility services. *21. Consideration of a Resolution authorizing execution of Supplement No. 2 of the professional services agreement with Conley Engineering, Inc. for upgrading the existing lighting features in several city buildings RESOLUTION NO. R- 2011 -86, A RESOLUTION authorizing the City Manager to execute Supplement No. 2 of the Professional Services Agreement with Conley Engineering, Inc. for engineering services required to review the submitted materials and provide inspections services for the City Facilities Lighting Project. *22. Consideration of a Resolution authorizing execution of a senior nutrition agreement with People for People for Daybreak program participants at the Harman Center RESOLUTION NO. R- 2011 -87, A RESOLUTION authorizing the City Manager to execute Senior Nutrition Agreement between, the City of Yakima and People for People to provide food and nutrition services to eligible older citizens participating in the Daybreak Adult Day Services program at the Harman Center. *23. Consideration of .a Resolution authorizing the Harman Center Site Use Agreement with People for People to provide food service operations for participants.at the Harman Center RESOLUTION NO. R- 2011 -88, A RESOLUTION authorizing the City Manager and City Clerk to execute The Harman Center Site Use Agreement between the City of Yakima and People for People to provide food service operations at the Harman Center. *24. Consideration of a Resolution approving an amendment to the 2011 Annual Action Plan to clarify the policy on recaptured funds concerning the HOME ownership programs RESOLUTION NO. R- 2011 -89, A RESOLUTION approving an amendment to the City of Yakima 2011 Annual Action Plan to clarify the policy on recaptured funds concerning the HOME homeownership programs. *25. Consideration of a Resolution declaring an emergency.to allow for the repair of ® a section of the water transmission main and to supply the unincorporated area of Gleed with water 7 June 7, 2011 RESOLUTION NO. R- 2011 -90, A RESOLUTION declaring an emergency and ratifying the City Manager's approval of all applicable documents to allow for the repair of a section of the existing 48 inch water transmission main located at the Naches River just downstream of the US Highway 12 bridges and for costs associated with water supply for the unincorporated area of Gleed. *26. Consideration of a Resolution setting a public hearing for June 21, 2011 to . consider declaration of surplus of one -acre parcel in West Valley Park adjacent to West Valley Middle School RESOLUTION NO. R- 2011 -91, A RESOLUTION setting June 21, 2011 as public hearing date before the City Council, to consider declaration of surplus property, consisting of approximately one acre located within West Valley Park adjacent to West Valley Middle School, to be conveyed to West Valley School District for improvement for recreation purposes. *27. Set date of open record public hearing for June 21, 2011 for the City of Yakima Maple Street incinerator nomination to the Yakima Register of Historic Places June 21, 2011 was set as the date of an open record public hearing for the City of Yakima Maple Street incinerator nomination to the Yakima Register of Historic Places *28. Set date of closed record public hearing for June 21, 2011 to consider the Yakima Planning Commission's recommendation on a rezone requested by Lars and Amber Hanson June 21, 2011 was set as the date of closed record public hearing to consider the Yakima Planning Commission's recommendation on a rezone requested by Lars and Amber Hanson ORDINANCES *29. Consideration of an Ordinance decreasing the maximum jail penalty for gross misdemeanor crimes and amending the City of Yakima Municipal Code ORDINANCE NO. 2011 -23, AN ORDINANCE relating to Public Safety; decreasing the maximum jail penalty for gross misdemeanor crimes from 365 days to 364 days to enact a recent State law change and amending the City of Yakima Municipal Code. *30. Consideration of an Ordinance amending the Classification and Compensation Plan for certain City employees and amending subsections of the City of Yakima Municipal Code ORDINANCE NO. 2011 -24, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective July 10, 2011; amending Subsections 2.20.100A, 2.20.100B, 2.20 ;100E, 2.20.110A, 2.20.11OB, and 2.20.110D all of the, City of Yakima Municipal Code M. June 7, 2011 31. Other Business *A. Set date of public hearing for June 21, 2011 to consider a Law Enforcement Grant Application with the Department of Justice and to authorize a corresponding interlocal agreement with Yakima County June 21, 2011 was set as the date of public hearing to consider a Law Enforcement Grant Application with the Department of Justice and to authorize a corresponding interlocal agreement with Yakima County t. B. Update on City Manager search process Mayor Cawley distributed supplemental questions that City Manager Dick Zais had prepared for Council consideration to use as an additional screening tool for the finalists for the City Manager position. Mr. Baenziger will be in Yakima on July 5 to discuss the qualifications. Acting Assistant City, Manager Morales reported to Council that he is not an applicant but is trying to help facilitate the process. Council Member Adkison asked if every candidate will be from a full city like we are. Mr. Morales stated if they are from a full service city it will be evident in their response; however, it has not been set as criteria and is not recommended as a minimum. Assistant Mayor Coffey observed she doesn't think there is a set criteria or a minimum threshold but if there is, she would like to see it. Mr. Baenziger will review the applications and weigh them by preference factors; full service cities ® will have an extra advantage. City Manager Zais indicated the typical application includes a resume of experience and background. The supplemental questions would be used as a screening tool. Additionally, Mr. Baenziger does a profile of his own on the candidates from research he has done. Mr. Morales reported that confidentiality is critical as their name is not available for public disclosure at this level. Mayor Cawley mentioned a previous idea was that each council member would choose one person to serve on a community panel and asked if Council would like to add that as a layer to the screening process. Mr. Morales replied that this panel would not rank them but share observations. about the candidates. Council reached consensus on the community panel and to meet with the finalists on a one -on -one basis. City Attorney Jeff Cutter advised candidate qualifications can be reviewed in executive session; however, the rest of the process should be public. COUNCIL MEMBER EDLER MOVED THAT YAKIMA COUNTY BEGIN PROVIDING LEGAL COUNSEL TO THE YAKIMA AIRPORT BOARD, SINCE THE CITY'S LEGAL DEPARTMENT HAS BEEN SERVING SINCE 2005. The motion carried by unanimous roll call vote. , Council Member Ettl advised that funds to hire a GFI coordinator, after Steve Magallan's contract ends in September, are not available. He asked the Council Budget Committee to consider including the GFI coordinator's position in the budget and requested the City Manager and staff to provide recommendations on how to fund a person this summer to overlap with Mr. Magallan before his termination date. 0 June 7, 2011 32. Adjournment COFFEY MOVED AND EDLER SECONDED TO ADJOURN TO JUNE 14, 2011 AT 9:00 A.M. IN THE COUNCIL CHAMBERS FOR A STUDY SESSION REGARDING WASTEWATER RATE TUDYAND STORMWATER RATES FOR 2012. The motion carried by unanimous voice vote. Meeting adjourned at 9:08 p.m. READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK COUNCIL MEMBER DATE COUNCIL MEMBER DATE M I CAH CAW LEY, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office • • 10