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HomeMy WebLinkAbout02/24/2009 Business Meeting 409 YAKIMA CITY COUNCIL BUSINESS MEETING FEBRUARY 24, 2009 COUNCIL CHAMBERS — YAKIMA CITY HALL 5:00 P.M. — EXECUTIVE SESSION 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Kathy Coffey, Rick Ensey, Bill Lover, and Sonia Rodriguez Staff: City Manager Zais, City Attorney Cutter and City Clerk Moore Absent: Council Member McClure 2. Executive Session: • Receive and evaluate complaints or charges brought against a public officer or employee of the City • Pending and Prospective Litigation Council adjourned to Executive Session at 5:00 p.m. for one hour. Executive Session ended at 5:57 p.m. and Council reconvened at 6:00 p.m. in Council Chambers. 6:00 P.M. — PUBLIC MEETING 1. RoII Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Kathy Coffey, Rick Ensey, Bill Lover, Neil McClure, and Sonia Rodriguez Staff: City Manager Zais, City Attorney Cutter, and City Clerk Moore • 2. Invocation /Pledge of Allegiance Mayor Edler gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations • Money Matters Month Assistant Mayor Cawley read a proclamation declaring March 2009 as Money Matters Month. David Gilbreath was present to receive the proclamation. • Washington Interscholastic Activities Association (WIAA) Month Rich Austin, Cindy Adsit, Rich Rouleau and Gene Rostvold accepted the proclamation. 41+0 FEBRUARY 24, 2009 B. Special presentations / recognitions • Recognition of Yakima Police Reserve Officer Lynn Buchanan Police Chief Granato recognized Lynn Buchanan for 19 years of service as a Police Reserve Officer and presented him with a plaque and a retirement badge. • Presentation by Capitol Theatre representatives — Brian Roberts and Steve Caffery Brian Roberts, President of the Capitol Theatre Board, and Steve Caffery, General Manager, presented the City with a deed to the property located behind the theatre. They purchased the land for $250,000 using private donations from the community. This land will be used for the first step in the theatre's expansion, the construction of the theatre's Production Center. They hope to break ground in April. C. Status report on prior meeting's citizen service requests • Pam Jette's concerns about graffiti • Report from Legal regarding consideration of civil infractions for graffiti deterrence Jon Seitz, Assistant Attorney, advised that graffiti is actually defined as a crime under our City Code, and malicious mischief under state law. Because it is already a crime, we cannot penalize it as an infraction. Council Member Lover asked if we are able to identify a perpetrator, can we forward their identity to Codes and enforce YMC 6.50.200 giving them 72 hours to remove it or pay a daily fine. Assistant Attorney Martinez said that most victims don't want the perpetrator coming back to their property for any reason. In response to Pam Jette's concerns, Chief Granato said she has been in contact with Officer Tarin Miller and they have identified some of the people who have been doing the tagging. They also will be implementing cameras at her location. They also discussed the difficulties of prosecution when it involves juveniles. Charles Noel described the graffiti problems and efforts he is taking in his neighborhood. He said the citizens are at the breaking point and there are plans to track the perpetrators down and harm them. He expressed frustration because the Police Department is only spinning its wheels because it is dealing with juveniles. The citizens are afraid to do anything for fear of retribution or breaking the law themselves; but if they do nothing, nothing happens towards solving the problem. He supports the curfew petition because he believes it is worth a try. Pam Jette brought pictures of her fence and mailbox to show the graffiti. She stated she wants to see the perpetrators, and their parents, out cleaning it up. She submitted a petition she had started to support a curfew. She claimed she would do everything she could to solve this problem. Sharon Madson, 1522 S. 68 Avenue, spoke about putting the graffiti vandals on notice that we are taking our city back. She shared research she had done on a graffiti program called EEE — Education, Eradication, and Enforcement. She shared a list of ideas such as stopping the media from showing pictures to eliminate giving taggers recognition, offering graffiti kits to homeowners and business owners and she getting neighbors involved. 2 411 FEBRUARY 24, 2009 Christine Smith heads a program called Beginning Inmate Rehabilitation Program that deals with taggers. She described their efforts in the area from 4th Avenue to 12 Avenue between Chestnut and Walnut where the citizens have taken back their neighborhood. She suggested the community needs to let the police know there is help. She didn't believe curfews would work and mentioned it would be better to fine the parents. D. Appointments to Boards and Commissions - None 4. Consent agenda Mayor Edler referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Items number 7 and 8 were added to the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. CAWLEY MOVED AND McCLURE SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. Consideration of approval of Council Minutes • Business Meetings — December 2; December 9, 2008; January 6, 2009 • Adjourned Meetings — November 4; December 1; December 15, 2008 • Special Meeting — January 15, 2009 The minutes of the December 2, December 9, 2008 and January 6, 2009, Business meetings; the November 4, December 1 and December 15, 2008 Adjourned meetings; and the January 15, 2009 Special 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 • Intergovernmental Relations Committee — January 20, 2009 • Economic Development Committee — February 4, 2009 The Council Committee meeting minutes were approved. 5. Audience Participation Maria Garcia and Martha Gamboa, spoke about a Youth Financial Fitness program they are coordinating with Davis High School students. The program is to help the students develop financial literacy. They are looking for mentors in the community and they hope to partner with local businesses. 3 41 2 FEBRUARY 24, 2009 CITY MANAGER'S REPORTS 6. Report from Legal and Police Department regarding analysis of the proposed Juvenile Curfew Ordinance Cynthia Martinez, Assistant Attorney, said she had reviewed the law on juvenile curfew and that it hasn't changed much since they looked at it in 2006. Part of the reason why efforts stalled in 2006 was the data collected does not support the need. The City risks a large liability if we were to pass a curfew that is found to be unconstitutional. She has reviewed other city's ordinances and found they are being used on a "Terry stop" basis and not enforced for prosecution. She defined a Terry stop as when the officer has reason to believe a crime has been, is being, or will be committed that allows him to stop someone to determine the situation. If someone were to challenge that stop and the ordinance is found to be unconstitutional, it would still put the City in a case of civil liability. Discussion covered research Mrs. Martinez had done with Tacoma relating to their experience with a curfew ordinance. She reiterated that she is not saying we can't adopt a curfew, but if we want to protect the city, we should proceed by trying to meet the constitutional framework laid out by the Sumner court. We need supporting data. Cesar Abreu, Crime Analyst, said he needs direction as to what data is actually needed. He explained that pulling the data together is a tedious and convoluted process that will take a lot of time. Chief Granato advised that they are obtaining software by using a grant, that should be helpful in speeding up the process. • Deputy Chief Rosenow pointed out that, with a curfew, they will need alternatives for housing the juveniles they pick up. It is important to have a place to take them to avoid the police becoming a taxi service. He said they hoped to have the statistical data available by February 27 It was suggested that the Citizens for a Safe Community (CSC) could help find alternatives for housing. CAWLEY MOVED AND ENSEY SECONDED TO DIRECT STAFF TO CRAFT A JUVENILE CURFEW ORDINANCE THAT: HAS ADEQUATELY DEFINED TERMS, HAS EXCEPTIONS TO COVER CONSTITUTIONALLY PROTECTED BEHAVIOR, IS A STATED COMPELLING GOVERNMENT INTEREST THAT IS BACKED BY DATA, IS A NARROWLY DEFINED TIME AND AREA THAT FITS THE DATA, IS A SYSTEM FOR PERIODIC REVIEW THAT HAS ALTERNATIVE HOUSING AND BRINGS TOGETHER PROGRAMS FOR YOUTH DEALING WITH PARKS AND RECREATION OR EXISTING SERVICES THAT WE HAVE. During discussion of the ordinance it was suggested that a study session be held on just how to accomplish all of that, although some Council members did not think a study session was necessary. Mayor Edler expressed concerns about costs associated with implementing the ordinance. The motion carried by unanimous roll call vote. 4 41 3 FEBRUARY 24, 2009 *7. 2008 Fourth Quarter Capital Improvement Projects report The 2008 Fourth Quarter Capital Improvement Projects report was accepted. *8. Consideration of a Resolution authorizing execution of AIA documents for General Contractor /Contract Manager (GC /CM) services for the Capitol Theatre expansion project RESOLUTION NO. R- 2009 -30, A RESOLUTION authorizing the City Manager to execute AIA Documents for General Contractor / Contract Manager (GC /CM) services for the Capitol Theatre Expansion Project and any other such documents that may be deemed necessary and prudent for the completion of this project 9. Consideration of a Resolution amending the 2008 Parks and Recreation fee schedule and adding a special service charge for extra maintenance following events scheduled in City parks and public areas Ken Wilkinson, Parks and Recreation Manager, said they are proposing to amend the Parks and Recreation fee schedule by adding a $50 /hr special service charge for each hour of extra maintenance required for cleanup after an event in the parks or public areas. Following discussion, the City Clerk read the resolution by title; McCLURE MOVED AND COFFEY SECONDED TO ADOPT THE RESOLUTION. LOVER MOVED AND ENSEY SECONDED TO AMEND THE MOTION TO SUNSET IN ONE YEAR AND EXTEND IT IF SUCCESSFUL. The motion to amend failed by a 5 -2 roll call vote, Cawley, Coffey, Edler, McClure, and Rodriguez voting no. The original motion carried by a 4 -3 roll call vote; Ensey, Lover and McClure voting no. RESOLUTION NO. R- 2009 -31, A RESOLUTION authorizing and directing the Parks and Recreation Division Manager to implement the addition of a Special Service Charge to the 2008 Parks and Recreation Fee Schedule to provide for unusual and excessive maintenance following certain special events in the City's parks and public spaces. *10. Consideration of a Resolution authorizing execution of an agreement with the Yakima Fourth of July Committee to provide July 4th fireworks displays RESOLUTION NO. R- 2009 -32, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Fourth of July Committee regarding July 4 fireworks displays. *11. Consideration of a Resolution authorizing an agreement with Yakima Valley Community College (YVCC) for Retired and Senior Volunteer Program (RSVP) support services RESOLUTION NO. R- 2009 -33, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an agreement with Yakima Valley Community College (YVCC), for the purpose of providing, through its Retired and Senior Volunteer Program, volunteer support to senior citizens within the City of Yakima. 5 414 FEBRUARY 24, 2009 *12. Consideration of a Resolution authorizing execution of an agreement with Rural Community Development Resources (RCDR) for $50,000 in Community Development Block Grant funds to provide technical assistance to microenterprise businesses within the Yakima Renewal Community RESOLUTION NO. R- 2009 -34, A RESOLUTION authorizing the City Manager to execute an agreement with Rural Community Development Resources (RCDR) in the amount of Fifty Thousand Dollars ($50,000) in Community Development Block Grant funds to provide technical assistance to microenterprise businesses within the Yakima Renewal Community *13. Consideration of a Resolution authorizing execution of an agreement with Brockway Opfer Raab Architecture for Fire Station No. 94 addition (2204 W. Washington Blvd.) RESOLUTION NO. R- 2009 -35, A RESOLUTION ratifying and authorizing execution of an architectural services agreement between the City of Yakima and Brockway Opfer Raab Architecture, P.L.L.C., to develop specifications for the addition of approximately 1320 square feet to Fire Station No. 94, 2204 W. Washington Blvd, Yakima, Washington, and for minor alterations to Fire Station No. 94 to address functional needs and code requirements. *14. Consideration of a Resolution authorizing execution of an agreement with FSH Communications LLC to provide continuation and enhancement of present inmate telephone services for the Yakima City Jail and pay phone services in the Yakima Law and Justice Center RESOLUTION NO. R- 2009 -36, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and FSH Communications LLC for retail payphones and inmate communications services. *15. Consideration of a Resolution naming Yakima's new skate park "Apple Valley Kiwanis Skate Park" RESOLUTION NO. R- 2009 -37, A RESOLUTION naming Yakima's new skate park Apple Valley Kiwanis Skate Park in recognition of the Apple Valley Kiwanis Club which provided the driving force and financial support for the project. *16. Consideration of a Resolution authorizing renewal of a lease agreement with the Yakima Air Terminal — McAllister Field for the Police substation RESOLUTION NO. R- 2009 -38, A RESOLUTION authorizing and directing the City Manager to execute a Lease between the City of Yakima and Yakima Air Terminal – McAllister Field for Police Department work space. *17. Consideration of a Resolution authorizing execution of a consultant agreement with Drayton Archaeological Research to perform a Section 106 Cultural Resource Survey for the Coolidge Road paving project 6 415 FEBRUARY 24, 2009 RESOLUTION NO. R- 2009 -39, A RESOLUTION authorizing and directing the City Manager to execute a consultant agreement for personal services with Drayton Archaeological Research (Consultant) and also authorizing the City Manager to execute any additional contracts or agreements that may become necessary and prudent for the completion of the Coolidge Road Paving project. ORDINANCES *18. Consideration of an Ordinance amending the Classification and Compensation Plan for certain City employees and legislation amending subsections of the Yakima Municipal Code ORDINANCE NO. 2009- 05, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective March 29, 2009; amending Subsections 2.20.100A, 2.20.110C, 2.20.110A, and 2.20.110C, all of the City of Yakima Municipal Code. *19. First Reading of an Ordinance amending the 2009 Budget for 2008 Year -End Encumbrances An Ordinance amending the 2009 budget and appropriating funds for 2008 year -end encumbrances from unappropriated fund balances within various funds for expenditure during 2009, was read by title only, and laid on the table until March 3, 2009 for a second reading. *20. Consideration of an Ordinance vacating certain portion of street right -of -way identified as 1) a platted alley located west of Naches Avenue between LaSalle Street and south of Rainier Street and 2) an undeveloped portion of LaSalle Street west of Naches Avenue ORDINANCE NO. 2009 -06, AN ORDINANCE relating to land use; vacating a certain portion of street right -of -way identified as 1) a platted alley located west of Naches Avenue between LaSalle Street and south of Rainier Street and 2) an undeveloped portion of LaSalle Street west of Naches Avenue. *21. Consideration of an Ordinance vacating two portions of platted right -or -way in the vicinity of 207 East "S" Street ORDINANCE NO. 2009 -07, AN ORDINANCE relating to land use; vacating two certain portions of right -of -way in the vicinity of 207 East S Street. 22. Other Business Assistant Mayor Cawley stated he was contacted by the Co -Chair of the Historic Preservation Committee regarding the potential demolition of the "A" Street buildings and they requested they be donated to the City. He asked staff to prepare a report outlining the options the City has regarding this request. Council Member McClure encouraged staff to invite committees to attend Council meetings and make presentations on their issues of concern. 7 416 FEBRUARY 24, 2009 Council Member McClure is concerned about sidewalk access in the downtown area. Some businesses, particularly on Second Street, have outside dining areas that appear to infringe on the ADA sidewalk clearance requirement. He asked Code Administration to look into this matter. Council Member Ensey requested a study session be held with the Yakima County Commissioners to discuss their budget process, which he believes has impressive controls and priorities of government. ENSEY MOVED AND CAWLEY SECONDED TO HOLD A STUDY SESSION WITH THE COUNTY TO REVIEW THEIR BUDGETING PROCESS. Following discussion, the motion carried by a unanimous voice vote. In response to a question about scheduling the Council retreat, City Manager Zais confirmed he was still looking for a date that works for both the Council and the facilitator. It will potentially be held in early April. Mayor Edler wants to discuss removing the City Council from the appeal process for land use issues. Council asked staff to prepare arguments for and against appeals of the Hearing Examiner's decision moving directly to the courts and eliminating Council involvement. Mayor Edler also requested the Hearing Examiner Review Committee meet to evaluate the Hearing Examiner. City Manager Zais advised of an invitation from local legislators to submit an amendment to the state capital budget for funding to improve North First Street. He had been advised by Senator King that they had been invited by the Chair of the Senate Capital Budget Committee, as well as House, to submit a separate project, on a smaller scope than what we had been asking for, in the range of $250,000 to $500,000. In conversations with staff, an initial stimulus to N. First Street immediately surfaced as a potential project. CAWLEY MOVED AND ENSEY SECONDED TO PREPARE AND SUBMIT AN AMENDMENT TO THE STATE CAPITAL BUDGET FOR FUNDING TO IMPROVE NORTH FIRST STREET. The motion carried by unanimous voice vote. Council Member Lover cautioned to not call the project a "futures initiative." 23. Adjournment CAWLEY MOVED AND McCLURE SECONDED TO ADJOURN. The motion carried by unanimous voice vote. The meeting adjourned at 8:20 p.m. L r READ AND CERTIFIED ACCURATE BY 1 - COUNCIL f\2IEMB'ER DATE Ilk* /. %% Wit• . - ► • Vi COUN IL ME BE i $ DAT: ATTEST: / ✓, OV �. s'2 CITY CLERK �%' D EDLER, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 8