HomeMy WebLinkAbout03/17/2015 Business Meeting/Executive Session 184
YAKIMA CITY COUNCIL
March 17, 2015
City Hall -- Council Chambers
5:45 -6 p.m. Executive Session; 6 p.m. Business Meeting; 6:30 p.m. Public Hearings -- MINUTES
EXECUTIVE SESSION
1. Executive Session regarding pending litigation
Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members
Maureen Adkison, Tom Dittmar, Dave Ettl and Bill Lover
Absent: Rick Ensey (excused)
Executive Session was held and adjourned at 5:59 p.m.
BUSINESS MEETING
1. Roll Call
Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members
Maureen Adkison, Tom Dittmar, Dave Ettl and Bill Lover
Absent: Rick Ensey (excused)
Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Claar Tee
2. Pledge of Allegiance
Mayor Cawley led the Pledge of Allegiance.
3. Open Discussions for the Good of the Order
A. Proclamations
Proclamation of appreciation to the Davis High School Basketball Team and Coach
Eli Juarez for 2nd place in the WIAA State Championships
Mayor Cawley read the proclamation and Coach Eli Juraez accepted it. He thanked the City and
the Community for their support.
B. Appointments to Boards, Commissions and Council Committees
Council Nominating Committee recommendations for appointment
Motion: Adkison moved and Coffey seconded to recommend appointment of Carmen
Mendez to the Yakima Planning Commission and Matthew Tweedy to the Parks and
Recreation Commission. The motion carried by unanimous vote, Ensey absent.
185
4. Council Reports
A. Council consideration of potential action responsive to the ACLU decision
Francis Floyd, Counsel for the City of Yakima in the Montes and Arteaga v. City matter, stated he
met with the City Council in Executive Session and recommended the City authorize him to file a
motion for reconsideration regarding three issues, including asking the Council to consider
the fact that the ACLU's fee petition for approx $2.8 million is excessive. Expert witnesses will
testify this amount is grossly excessive, and Mr. Floyd asked that he be allowed to oppose the
ACLU's fee petition. The issues for reconsideration, not an appeal, have nothing to do with
implementing the Court's order for redistricting.
Mr. Floyd stated the first issue is whether the Court erred in prematurely terminating three
Council member positions, which he believes is a violation of state law. The second issue is that,
in his opinion, the Court erred in alleging that the City's plan does not have a primary election,
which was not an essential component of the plan, and noted the City can have a primary
election. The third issue is that he believes the Court did not properly apply the threshold of
exclusion. He noted that Fair Vote is also asking for reconsideration of the threshold of exclusion
issue. Mr. Floyd stated the Court would consider and will expect the City to file an opposition to
attorney fees. The ACLU would have seven days to reply following the submission of the City's
reconsideration, and then the Court would decide. Mr. Floyd noted the deadline for an appeal
would be 30 days following the Court's decision on reconsideration. He stated the Council is not
moving to stay any part of the decision, is cooperating completely in implementing the Courts
order, and there will be elections pursuant to the Court's order.
The following citizens spoke against the issue: David Morales, Commission for Hispanic Affairs;
Rev. Willie Pride; Raul Diaz; Alonzo Marquez; Susan Palmer; Lawrence Breer; Earl Lee; Mary
Morphet- Brown; David Gutierrez Betancourt; Luz Gutierrez; and Doreen Kansoc.
Council Member Ettl noted there is not a lot they can discuss on this issue and is aware this is a
frustration for citizens. He believes the ACLU's attorney fees are out of line and merits an
opposition. He also noted a vote of the people is required in order to change the City's method of
voting in the City's Charter, which was conducted in 2011 and failed. The only other way to
change the Charter is by Court order.
Council Member Dittmar echoed the concerns regarding the ACLU's fees and believes the City
needs to appeal. He stated he talked to the County and they are ready to implement the new
district voting. The potential action tonight does not stop that.
After further Council discussion,
Motion: Dittmar moved and Ettl seconded to follow the attorney's recommendations. The
motion carried by unanimous vote, Ensey absent.
II 5. Consent Agenda
Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there
were any additions or deletions from Council members or citizens present. The following item
was added to the consent agenda.
Item 11 now item 5C: Resolution approving Community Outreach and Mobilization Agreement
by and between the City of Yakima and Citizens for Safe Yakima Valley Communities ( "Safe
Yakima Valley ")
186
The City Clerk read the Consent Agenda items, including resolutions and ordinances, by title.
(Items on the Consent Agenda are handled under one motion without further discussion —see
motion directly below.)
Motion: Coffey moved and Adkison seconded to approve the consent agenda. The motion
carried by unanimous vote, Ensey absent.
A. Resolution authorizing a contract with Yakima Habitat for Humanity for the sum of
$150,000 to purchase lots and construct four (4) single family homes to be sold to
qualified first time homeowners in the vicinity of N 2nd Street
RESOLUTION NO. R- 2015 -036, A RESOLUTION authorizing the City Manager to execute a
construction contract with Yakima Habitat for Humanity for the sum of $150,000 to purchase
lots and construct four (4) single family homes to be sold to qualified first time homeowners in
the vicinity of N 2nd Street.
B. Ordinance concerning Parks, Playgrounds and public spaces, amending Section 9.70.295
to allow smoking at certain events where minors are not present
ORDINANCE NO. 2015 -011, AN ORDINANCE concerning Parks, Playgrounds and public spaces,
amending Section 9.70.295 to allow smoking at certain events where minors are not present.
C. Resolution approving Community Outreach and Mobilization Agreement by and between
the City of Yakima and Citizens for Safe Yakima Valley Communities ( "Safe Yakima
Valley ")
RESOLUTION NO. R- 2015 -037, A RESOLUTION authorizing the City Manager to execute and
administer an agreement between Citizens for Safe Yakima Valley Communities ( "Safe Yakima
Valley "), a nonprofit corporation, and City of Yakima, for community outreach and mobilization
services in support of public safety objectives.
6. Audience Participation
Joey Anderson, City resident, asked how she would go through the process of a public hearing
on her denial of a request for a public records document before she seeks action in the
courthouse. City Attorney Cutter noted from what he understands, Ms. Anderson has exhausted
her remedies through the City and at this point it is up to her to take additional action.
PUBLIC HEARINGS
7. Final Public Input hearing on the 2014 Consolidated Annual Performance Evaluation Report
(CAPER)
Archie Matthews, ONDS Manager, briefed Council on the hearing for the 2014 Consolidated
Annual Performance Evaluation Report (CAPER).
Council Member Lover asked if any written comments were received. Mr. Matthews stated they
received none.
Mayor Cawley opened the public hearing.
Tony Courcy, City resident, asked why there was no public notification of the first public hearing
as he saw a notice of correction regarding the first public hearing, after the hearing was held.
ONDS Manager Matthews stated there was a notice published before the first public hearing;
however, they made an error on the time the public hearing started, listing it as 7 p.m. instead of
187
6:30 p.m. He reported he was at the first public hearing until after 7 p.m. to make
certain anyone who wanted to speak on the issue was able to.
With no other speakers, Mayor Cawley closed the public hearing. Mr. Matthews stated there is
no action required by Council on this issue at this time.
8. First Public Hearing for the 2015 - 2019 Consolidated Plan & 2015 Annual Action Plan
Archie Matthews, ONDS Manager, briefed Council on the hearing for the 2015 - 2019
Consolidated Plan & 2015 Annual Action Plan.
Mayor Cawley opened the public hearing and, with no one coming forward to speak, closed the
hearing.
Mr. Matthews stated this is the first public hearing and there is no action needed by Council at
this time.
9. Public hearing to consider appeal filed by Scott Holtzclaw on the denial of the renewal of taxi
driver's license
Assistant City Attorney Faul briefed Council on the appeal process. Sgt. Belton from the Yakima
Police Department, recommended denial of the request for reinstatement as Mr. Holtzclaw had
two positive drug or alcohol tests in the last three years and the Department of Licensing had
revoked Mr. Holtzclaw's Commercial Drivers License. Sgt. Belton's concern is that he can no
longer haul commercial goods, but may be able to drive citizens of this community.
Mr. Holtzclaw verified he tested positive twice for marijuana but he has been clean since August
2014. He reported he has a card that proved he passed his urinalysis (UA) in February and that
he is willing to take any kind of random drug test at any time. He has nine years experience as a
taxi driver and the safety of his customers is not a problem.
Jerry Patton, Mr. Holtzclaw's step- father and boss as owner of Diamond Cab, stated his son is
doing much better and will insist he take a drug test every month. He wants to give Mr.
Holtzclaw another chance and noted he is an asset to him and his company. He requested
Council to reconsider.
Daniel Wilkinson, City resident, stated he is a customer of Diamond Cab and spoke in support of
Mr. Holtzclaw.
Council Member Lover asked if this is considered a quasi - judicial issue. City Attorney
Cutter confirmed it is. Council Member Lover asked why Mr. Holtzclaw was tested for drugs. Mr.
Holtzclaw stated he was mandatorily drug tested when he applied for a truck driving job and as
a driver for Dial -a -Ride. It was not related to driving under the influence.
Council Member Dittmar verified Mr. Holtzclaw has a current/active drivers license for the State
of Washington. Council Member Ettl asked whether Mr. Holtzclaw was using marijuana for
medical or recreational purposes. Mr. Holtzclaw stated it was for medical purposes; however, he
is no longer using it.
Mayor Cawley stated he likes options in order to reach a solution. Council Member Adkison
stated she thinks the testimonies on Mr. Holtzclaw's behalf are compelling and this is his
livelihood they are contemplating. She believes this is a matter of trust and she is willing to put
trust in him.
Assistant Mayor Coffey noted she would like to agree but is concerned about the liability this
would place on the City should Council approve his license. Council Member Ettl asked what
188
level of liability the City would face. City Attorney Cutter stated there would likely be liability as
an injured person will look to anyone associated with the issue to find fault. He feels the City
could be a party in a lawsuit should something happen but couldn't say what percentage. He
reported the City can either reinstate the license or deny it; there can be no conditions made.
Motion: Dittmar moved and Ettl seconded to reinstate Mr. Holtzclaw's taxi license. The
motion carried by a 4 -2 vote, Coffey and Cawley voting no, Ensey absent.
CITY MANAGER REPORTS
10. Report on Commercial Vehicle Enforcement Program
Chief Rizzi stated at the request of Council Member Dittmar, the Yakima Police Department will
give periodic reports to Council. Last month they reported on crime statistics and today's report
is by Officer Moore on the Commercial Vehicle Enforcement Program.
Officer Moore reported last year was the first full year of the program. He stated he has been
very impressed with the safety records of the vast majority of commercial drivers in the
community and has built a good relationship with the business owners and truck drivers. He
tracked 50 citations through the local court system to make sure everyone was educated on the
process. He feels the City has made big strides in how the trucking industry will haul freight
differently and the roads will last for their full intended use.
Council Member Lover asked if North First Street is one of the major commercial vehicle routes.
Officer Moore indicated it is; however, 16th Avenue and the freeway interchange have also seen
major growth.
ORDINANCES
11. Ordinance amending and adding to the municipal code regarding reporting and recording
requirements of pawnbrokers (Chapter 5.54), secondhand dealers (Chapter 5.64) and precious
metal dealers (Chapter 5.70); setting penalties for violating the municipal code regarding these
businesses
Bronson Faul, Assistant City Attorney, briefed Council on the ordinance.
Diane Mabry, with Bestway Pawn, stated their biggest concern is equal enforcement. If they do
not see that happening, they will be back to complain. She appreciated Council's participation
and willingness to listen.
Holly (no last name provided), from Seattle with Cash America, stated they have cameras
throughout their stores that catch the customer entering, signing the tickets and accepting cash
and doesn't feel it is necessary to make copies of photo ID's.
Scott Willson, City resident, spoke on behalf of Finders Furniture. He is not certain how the
ordinance pertains to their business. Their furniture doesn't have ID numbers. He believes a
general record of the transaction is sufficient.
Assistant City Attorney Faul noted they are only changing the reporting and recording
requirements. Council Member Lover asked if they need to do something regarding the furniture
issue. City Manager O'Rourke noted they will take a look at it and if needed, they will bring it
back for discussion.
The City Clerk read the ordinance by title only.
189
ORDINANCE NO. 2015 -012, AN ORDINANCE amending and adding to the City of Yakima
municipal code regarding reporting and recording requirements of pawnbrokers (Chapter 5.54),
secondhand dealers (Chapter 5.64) and precious metal dealers (Chapter 5.70); setting penalties
for violating the municipal code regarding these businesses.
Motion: Ettl moved and Dittmar seconded to pass the ordinance. The motion carried by
unanimous vote, Ensey absent.
12. Other Business
None.
13. Adjournment
Motion: Coffey moved and Dittmar seconded to adjourn to the next Council Business
meeting on April 7, 2015 at 6 p.m. in the Council Chambers. The motion carried by
unanimous vote, Ensey absent. The meeting adjourned at 8:09 p.m.
CERTIFICATION _
READ AND CERTIFIED ACCURATE BY Im `� ��^ ��
` 'COUNCIL MEMBER DATE
40114 AIL 4
OUNCIL MEM:7 R' DATE
ATTEST: _
t �* "o af v /T. /.f
A 1
• CITY CLERK i I , l ■ 1 Z M OR
�_ • }v)
1
11 Yi J' tr
