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HomeMy WebLinkAbout04/16/2024 06.A. Certification of Petitions Protesting the Enactment of Specific City Ordinances 1 a, ____,) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.A. For Meeting of:April 16, 2024 ITEM TITLE: Certification of Petitions Protesting the Enactment of Specific City Ordinances SUBMITTED BY: Dave Zabel!, Interim City Manager SUMMARY EXPLANATION: On March 5, 2024, the City Council passed ordinances repealing the ordinances establishing the Community Integration Committee and the Sustainable Yakima Committee as advisory committees to the City Council. During the same meeting, the Council also passed an ordinance making changes to the Planning Commission, Bike and Pedestrian Advisory Committee, Tree Board and Historic Preservation Commission. These ordinances were timely published and the date on which they were to become effective was April 8, 2024. On April 4th and April 5th, the City Clerk received three petitions and signatures for each, protesting the enactment of the aforementioned ordinances. Per the City Charter, if prior to the date upon which an ordinance is to become effective "a petition signed by qualified electors equal in number to 10% of the entire vote cast at the last preceding general city election" is filed with the City Clerk, then the ordinance is suspended from taking effect and the matter is placed on the next City Council agenda. Pursuant to the Yakima City Charter,Article IV Legislation by the People, Section 2(b), the City Clerk certified both the number of raw signatures associated with each petition, as well as the number of the entire vote cast at the last preceding general election, and provided both in a timely manner to Council on April 9, 2024.As of the date of this agenda item it has not yet been determined if all of the signatures are qualified electors. Attached are the certifications for each petition. One of the three petitions received, the petition regarding the Sustainable Yakima Committee, has enough raw signatures to meet the 10% threshold. Prior to Council determining how to move forward, the City Clerk will need to hear back from the County Auditor's Office as to the number of qualified voters having signed this petition. Upon receiving that information, the matter can be placed back on the City Council's agenda for further consideration. As the other two petitions lacking a sufficient number of raw signatures to meet the 10% threshold, no action by Council is required. 2 ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D Petition No.24-05 4/11/2024 Backup Material D Petition No.24-06 4/11/2024 Backup Material D Petition No.24-07 4/11/2024 Backup Material S'�; 3 411111.6. ` ~--=- y OFFICE OF THE CITY CLERK 4:774.`_'~ 129 North Second Street iFt7- Yakima, Washington 98901 ,',.;--- •;. ;;. Phone (509) 575-6037 • Fax (509) 576-6614 CERTIFICATION In the matter regarding Petition No. 24-05 protesting against the enactment of Ordinance No. 2024-004 that was passed by the Yakima City Council on March 5, 2024. ORDINANCE NO. 2024-004, AN ORDINANCE repealing Yakima Municipal Code Chapter 1.34: Community Integration Committee. I, Rosalinda Ibarra, City Clerk of the City of Yakima, Washington do hereby certify the following: - The number of votes cast at the last general City election: 12,589 - The number of signers of such petition': 1,251 For the purposes of the City of Yakima Charter Article IV Legislation by the People, Section 3, ten per centum of the entire vote cast at the last preceding general city election is 1,258. Dated this 9th day of April, 2024. i)1 /1- ii n , osalinda Ibarra, City Clerk City of Yakima, Washington Attachment: Certification of Voter Participation, Yakima County Auditor i This is the total number of signatures on the petitions. The signatures have not been verified as to whether each signor is a qualified elector. Petitions receiving the minimum number of signatures will be sent to the Yakima County Auditor's Office to verify that each signor is a qualified elector, after which the City Clerk will provide a certification of the number of qualified electors signing the petition. Yakima mmHg 2015 1994 4 Yakima Coun Elections '!= � �{ Certification of Voter Participation 4p11° City of Yakima 2023 General Election The following is a true and accurate reporting of the number of voters who resided in the City of Yakima and who cast a ballot at the 2023 General Election_ City of Yakima 12,589 Dated this 8th day of April, 2024 Elections Manager& Deputy Audtor on behalf of: CHARLES R. ROSS, Yakima County Auditor and °AID Ex-officio, Supervisor of Elections Yakima County, Washington PETITION NUMBS : COPY °- - 74 IF —4 ,)? :C 1 YAKIMA CITY CLERK Petition protesting against the enactment of AN ORDINANCE repealing Yakima Municipal Code Chapter 1.34: Community Integration Committee that was passed by the Yakima City Council on March 5, 2024 (ORDINANCE NO. 2024-004). Article IV, Section 3 of the Yakima City Charter provides as follows: SECTION 3. If, prior to the date when any ordinance shall take effect, a petition signed by qualified electors equal in number to ten per centum of the entire vote cast at the last preceding general city election shall be filed with the City Clerk,protesting against the enactment of such ordinance, it shall be suspended from taking effect. Immediately upon the filing of the petition the City Clerk shall do all things required in SECTION 2 (a) and (b) of this article. Thereupon the City Council shall immediately reconsider such ordinance, and, if it does not entirely repeal the same, shall submit it to popular vote at the next municipal election; or, the City Council may call a special election for that purpose in accord with the provisions of State law for special municipal elections; and such ordinance shall not take effect, unless a majority of the qualified electors voting thereon at such election shall vote in favor thereof. RECEIVED APR - 5 2024 Yakima County Elections 6 ORDINANCE NO. 2024-004 AN ORDINANCE repealing Yakima Municipal Code Chapter 1.34: Community Integration Committee. WHEREAS, the City Council recently reviewed and evaluated all of the City-created and facilitated committees, boards and commissions; and WHEREAS,the City Council believes that there are some committees that are community- based that could be effectively operated outside of the structure and requirements of City Council created committees; and WHEREAS, the City Council finds that the Community Integration Committee is a committee that would be equally or more effective if it were operated and run by the community or a community-based organization, rather than the City; and WHEREAS, the City Council believes that information from such a community-based committee can effectively be brought to the City Council's attention at future meetings during public comment or a pre-approved presentation; and WHEREAS, the City Council wishes to thank all of the community members who volunteered their time and talents to both the ad hoc committee that evaluated and recommended the Community Integration Committee, and all of the former and current Community Integration Committee members for their dedication and work since the committee's inception; and WHEREAS, the City Council of the City of Yakima finds it is in the best interests of the City and its residents to repeal Yakima Municipal Code section 1.34: Community Integration Committee so as to allow for the community to continue this committee in a community-based manner; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Yakima Municipal Code Chapter 1.34: Community Integration Committee, is hereby repealed. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 5th day of March, 2024. r _l_i____ /_ 3 S s., ,.� Patric a flyer Mayor ATTEST. ' .� h,' .t. -J'`osalinda Ibarra, City Clerk -s`rsE;;G Publication Date: March 9, 2024 Effective Date: April 8, 2024 � 7 `'� `=f, OFFICE OF THE CITY CLERK � �ti L f 129 North Second Street , 1 oy Yakima, Washington 98901 Phone (509) 575-6037 • Fax (509) 576-6614 CERTIFICATION In the matter regarding Petition No. 24-06 protesting against the enactment of Ordinance No. 2024-005 that was passed by the Yakima City Council on March 5, 2024. ORDINANCE NO. 2024-005, AN ORDINANCE repealing Yakima Municipal Code Chapter 1.40: Sustainable Yakima Committee. I, Rosalinda Ibarra, City Clerk of the City of Yakima, Washington do hereby certify the following: - The number of votes cast at the last general City election: 12,589 - The number of signers of such petition': 1,277 For the purposes of the City of Yakima Charter Article IV Legislation by the People, Section 3, ten per centum of the entire vote cast at the last preceding general city election is 1,258. This petition will be delivered to Yakima County Elections to validate signatures to ensure they are qualified electors. Dated this 9th day of April, 2024. IIn oktlov Cot. _I.rrkF7 2 LC posalinda Ibarra, City Clerk City of Yakima, Washington Attachment: Certification of Voter Participation, Yakima County Auditor ' This is the total number of signatures on the petitions. The signatures have not been verified as to whether each signor is a qualified elector. Petitions receiving the minimum number of signatures will be sent to the Yakima County Auditor's Office to verify that each signor is a qualified elector, after which the City Clerk will provide a certification of the number of qualified electors signing the petition. Yakima *EWE III 2015 1994 8 Yakima Court Elections A •;;.. `: Certification of Voter Participation City of Yakima 2023 General Election The following is a true and accurate reporting of the number of voters who resided in the City of Yakima and who cast a ballot at the 2023 General Election_ City of Yakima 12,589 Dated this 8th day of April, 2024 - Elections Manager& Deputy Auditor on behalf of: 0 01140 CHARLES R. ROSS, Yakima County Auditor and i Ex-officio, Supervisor of Elections Yakima County, Washington PETITION NUTAER: COPY • F FlEi--d � 5 r4 t.pp -4 p 3 n. 0 5 2024 Yakima Countylectians y KIM , CITY LL_ER Petition protesting against the enactment of AN ORDINANCE repealing Yakima Municipal Code Chapter 1.40: Sustainable Yakima Committee that was passed by the Yakima City Council on March 5, 2024 (ORDINANCE NO. 2024-005). Article IV, Section 3 of the Yakima City Charter provides as follows: SECTION 3. If,prior to the date when any ordinance shall take effect, a petition signed by qualified electors equal in number to ten per centum of the entire vote cast at the last preceding general city election shall be filed with the City Clerk,protesting against the enactment of such ordinance, it shall be suspended from taking effect. Immediately upon the filing of the petition the City Clerk shall do all things required in SECTION 2 (a) and (b) of this article. Thereupon the City Council shall immediately reconsider such ordinance, and, if it does not entirely repeal the same, shall submit it to popular vote at the next municipal election; Or,the City Council may call a special election for that purpose in accord with the provisions of State law for special municipal elections; and such ordinance shall not take effect,unless a majority of the qualified electors voting thereon at such election shall vote in favor thereof. 10 ORDINANCE NO. 2024-005 AN ORDINANCE repealing Yakima Municipal Code Chapter 1.40: Sustainable Yakima Committee. WHEREAS, the City Council recently reviewed and evaluated all of the City-created and facilitated committees, boards and commissions; and WHEREAS,the City Council believes that there are some committees that are community- based that could be effectively operated outside of the structure and requirements of City Council created committees; and WHEREAS,the City Council finds that the Sustainable Yakima Committee is a committee that would be equally or more effective if it were operated and run by the community or a community-based organization, rather than the City; and WHEREAS, the City Council believes that information from such a community-based committee can effectively be brought to the City Council's attention at future meetings during public comment or a pre-approved presentation; and WHEREAS, the City Council wishes to thank all of the community members who volunteered their time and talents to the Sustainable Yakima Committee, and all of the former and current Sustainable Yakima Committee members for their dedication and work since the committee's inception; and WHEREAS, the City Council of the City of Yakima finds it is in the best interests of the City and its residents to repeal Yakima Municipal Code section 1.40: Sustainable Yakima Committee so as to allow for the community to continue this committee in a community-based manner; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Yakima Municipal Code Chapter 1.40: Sustainable Yakima Committee, is hereby repealed. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 5m day of March, 2024. ter„)�% � .n , Patricia Byer , Mayor ATTEST: `r hSEALY iosalinda Ibarra, City Clerk V"t.f;ro` Publication Date: March 9, 2024 Effective Date: April 8, 2024 a � �, OF� FICE OF THE CITY CLERK 11 :15.1 129 North Second Street l'..J y , Yakima, Washington 98901 `' Phone (509) 575-6037 • Fax (509) 576-6614 CERTIFICATION In the matter regarding Petition No. 24-07 protesting against the enactment of Ordinance No. 2024-006 that was passed by the Yakima City Council on March 5, 2024. ORDINANCE NO. 2024-006, AN ORDINANCE amending the City of Yakima Municipal Code Chapter 1.42: Planning Commission; Chapter 1.37: Bicycle and Pedestrian Advisory Committee; Chapter 11.62: Historic Preservation; and Chapter 8.77: Public Tree Ordinance, to create a structure where the Historic Preservation Commission, Bicycle and Pedestrian Advisory Committee and Tree Board report to, and are considered sub-committees of, the Planning Commission. I, Rosalinda Ibarra, City Clerk of the City of Yakima, Washington do hereby certify the following: - The number of votes cast at the last general City election: 12,589 - The number of signers of such petition': 1,228 For the purposes of the City of Yakima Charter Article IV Legislation by the People, Section 3, ten per centum of the entire vote cast at the last preceding general city election is 1,258. Dated this 9th day of April, 2024. b ©salinda' Ibarra, City Clerk City of Yakima, Washington Attachment: Certification of Voter Participation, Yakima County Auditor ' This is the total number of signatures on the petitions. The signatures have not been verified as to whether each signor is a qualified elector. Petitions receiving the minimum number of signatures will be sent to the Yakima County Auditor's Office to verify that each signor is a qualified elector, after which the City Clerk will provide a certification of the number of qualified electors signing the petition. Yakima grim, 2015 1994 12 Yakima Coun Elections r''P• -.4�©(i,� ;` { Certification of Voter Participation City of Yakima 2023 General Election The following is a true and accurate reporting of the number of voters who resided in the City of Yakima and who cast a ballot at the 2023 General Election_ City of Yakima 12,589 Dated this 8th day of April, 2024 Elections Manager& Deputy Auditor on behalf at: OIL CHARLES R. ROSS, Yakima County Auditor and Ex-oicio, Supervisor of Elections Yakima County, Washington PETITION NUMBER: copy (94 Crl :a noq _4 r 3 :04 YAKIMA CITY CLE Petition protesting the enactment of AN ORDINANCE amending Yakima Municipal Code Chapter 1.42: Planning Commission; Chapter 1.37: Bicycle and Pedestrian Advisory Committee; Chapter 11.62: Historic Preservation; and Chapter 8.77: Public Tree Ordinance, to create a structure where the Historic Preservation Commission, Bicycle and Pedestrian Advisory Committee and Tree Board report to, and are considered sub-committees of the Planning Commission that was passed by the Yakima City Council on March 5, 2024 (ORDINANCE NO. 2024-006). Article IV, Section 3 of the Yakima City Charter provides as follows: SECTION 3. If,prior to the date when any ordinance shall take effect, a petition signed by qualified electors equal in number to ten per centum of the entire vote cast at the last preceding general city election shall be filed with the City Clerk, protesting against the enactment of such ordinance, it shall be suspended from taking effect. Immediately upon the filing of the petition the City Clerk shall do all things required in SECTION 2 (a) and (b) of this article. Thereupon the City Council shall immediately reconsider such ordinance, and, if it does not entirely repeal the same, shall submit it to popular vote at the next municipal election; or,the City Council may call a special election for that purpose in accord with the provisions of State law for special municipal elections; and such ordinance shall not take effect, unless a majority of the qualified electors voting thereon at such election shall vote in favor thereof. RECEIVED APR U 5 2024 Yakma County Elections 14 ORDINANCE NO. 2024-006 AN ORDINANCE amending the City of Yakima Municipal Code Chapter 1.42: Planning Commission; Chapter 1.37: Bicycle and Pedestrian Advisory Committee; Chapter 11.62: Historic Preservation; and Chapter 8.77: Public Tree Ordinance, to create a structure where the Historic Preservation Commission, Bicycle and Pedestrian Advisory Committee and Tree Board report to, and are considered sub-committees of, the Planning Commission. WHEREAS, the Planning Commission is charged with a number of advisory roles and responsibilities associated with the City's zoning ordinances and development code sections; and WHEREAS, the City has additional committees and commissions that provide advice to the City Council on matters that sometimes are related to Planning Commission work, specifically the Historic Preservation Commission, the Bike and Pedestrian Advisory Committee, and the Tree Board; and WHEREAS, the City Council seeks to coordinate these committees into a committee with subcommittees wherein the Historic Preservation Commission, the Bike and Pedestrian Advisory Committee and the Tree Board periodically report to the Planning Commission on matters pertaining to Planning Commission work, similar to Planning Commission work, or for other advice as is determined to be advantageous by the Council or one of the committees; and WHEREAS, in coordinating the committees, the City Council wishes to allow the committees to retain their individual roles and obligations, but provide reporting and coordination where appropriate with the Planning Commission; and WHEREAS,the City Council seeks to provide residents additional opportunities to sit on the Planning Commission and/or to allow, if desired, one member of each of the Historic Preservation Commission, Bike and Pedestrian Advisory Committee and Tree Board to also sit on the Planning Commission; and WHEREAS,the City Council believes that having liaisons at the Planning Commission level would be advantageous to the City, so the City Council may appoint two liaisons from the City Council to the Planning Commission, rather than having councilmember liaisons at each of the Historic Preservation Commission, Bike and Pedestrian Advisory Committee and Tree Board; and WHEREAS,for purposes only as outlined herein, the City Council believes it would be appropriate to allow residents to serve on both the Planning Commission and one of the sub- committees in the event the person seeking to serve on both meets the requirements of both of the bodies; and WHEREAS, the City Council of the City of Yakima finds it is in the best interests of the City and its residents to restructure the Planning Commission, Historic Preservation Commission, Bike and Pedestrian Advisory Committee and Tree Board to create three sub- committees to the Planning Commission; now, therefore, 1 15 BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Yakima Municipal Code Chapter 1.42: Planning Commission, is hereby amended to read as follows: Chapter 1.42 PLANNING COMMISSION* Sections: 1.42.010 Planning commission—Authority. 1.42.020 Organization and procedures. 1.42.025 Membership—Appointment—Terms. 1.42.026 Residence of members. 1.42.027 Vacancy filling—Unexpired terms. 1.42.030 Duties. 1.42.070 Yakima urban area comprehensive plan—Adoption and amendment procedures. * See Charter Article VIII, Section 1, Zoning—See Title 15 of this code. 1.42.010 Planning commission—Authority. The city of Yakima planning commission shall have the full authority and jurisdiction to perform all acts, duties and functions which are either required of or imparted or conferred on a planning commission by law or ordinance. Provided, any duties or functions of the planning commission which are conferred on the office of hearing examiner shall be performed by such examiner. (Ord. 2010-22 § 1 (part), 2010: Ord. 2948§3 (part), 1986). 1.42.020 Organization and procedures. The commission shall perform its duties and functions as the planning commission of the city of Yakima under the provisions and procedures of RCW Chapter 35.63. The planning commission may adopt its own bylaws and rules of procedure as long as they do not conflict with RCW Chapter 35.63 or this ordinance. (Ord. 2010-22 § 1 (part), 2010: Ord. 2948 § 3 (part), 1986). 1.42.025 Membership—Appointment—Terms. A. The city planning commission shall consist of eleven members appointed by the mayor and confirmed by the city council. The term of office for each appointive member shall be four years. B. The members of the city planning commission shall be selected without respect to political affiliation and they shall serve without compensation. C. No person shall serve more than two consecutive terms, provided a person appointed to fill unexpired terms of less than two years is eligible to serve two successive four-year terms; and provided further, a person who is ineligible to serve for having served two consecutive terms may again serve after two years have elapsed from the end of the second such term. D. A maximum of one member of the city planning commission may also be a member of the Historic Preservation Commission. A maximum of one member of the city planning commission may also be a member of the Tree Board. A maximum of one member of the city planning 2 16 commission may also be a member of the Bicycle and Pedestrian Advisory Committee. (Ord. 2017-018 § 1, 2017: Ord. 2010-22 § 1 (part), 2010). 1.42.026 Residence of members. No person shall hold the office of member of the city planning commission unless that person is either(1)a resident of the city of Yakima, or(2) an owner of a business or of real property that is located within the city of Yakima. The office of member of the city planning commission shall become vacant upon such member ceasing to meet the requirements of either subsection 1 or 2, or both, as described in this section. (Ord. 2012-55 § 1, 2012: Ord. 2010-22 § 1 (part), 2010). 1.42.027 Vacancy filling—Unexpired terms. Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired term. Members may be removed, after public hearing, by the mayor, with the approval of the city council, for inefficiency, neglect of duty or malfeasance in office. 1.42.028 Council liaisons. The City Council may appoint up to two councilmember liaisons to the Planning Commission. Said liaisons are not considered members of the planning commission, shall not be entitled to vote on any matter before the commission and shall not actively participate in any matter that will come to the City Council for ultimate decision. 1.42.030 Duties. The duties of the city planning commission shall be as set forth in RCW 35.63.060, by city ordinance, or as may be assigned or requested from time to time by the city council. Such duties include, but are not limited to: 1. Serving as the long-range planning body for the city of Yakima; 2. Monitor the growth and development of the city and continually reevaluate and recommend to the city council revisions to the comprehensive plan and zoning ordinance for the city; 3. Develop and recommend to the city council a subdivision ordinance for the city and revisions thereto; 4. Investigate and make recommendations on other land use matters as may be requested by the city council or on its own initiative; 5. Study and report on all proposed text changes to land use ordinances; 6. Advise the city council on land use matters; 7. Monitor the hearings of the hearing examiner in order to remain informed on development activities, public concerns and the decisions of the hearing examiner; 8. Work with, provide support, and give guidance to sub-committees associated with the planning commission, as appropriate. 3 17 9. Such other planning functions as authorized or required by law or ordinance or as requested or assigned by the city council. (Ord. 2010-22 § 1 (part), 2010: Ord. 2948 § 3(part), 1986). 1.42.070 Yakima urban area comprehensive plan—Adoption and amendment procedures. A. Plan Adoption. The Yakima urban area comprehensive plan ("the plan") shall consist of the most recently adopted and approved Yakima Urban Area Comprehensive Plan, which at the time of this ordinance amendment is the Yakima Urban Area Comprehensive Plan 2025, adopted by Ordinance No. 2006-62 on December 15, 2006, the Terrace Heights Neighborhood Plan adopted on June 4, 1999 and as amended, and the West Valley Neighborhood Plan, as adopted and amended. The plan and its elements and plans including those incorporated by reference are hereby adopted as the official comprehensive land use plan for the city of Yakima, as required by Chapter 36.70A RCW. B. Plan Amendments. Requests for amendments to the Yakima urban area comprehensive plan may be submitted in accord with YMC 16.10.030, and will be docketed for review and acted upon as provided in RCW 36.70A.130 and YMC 16.10. Proposed amendments shall be considered concurrently to ascertain the cumulative effect of the various proposals. Initial adoption of subarea plans and the adoption or amendment of a shoreline master program are not subject to the docketing requirement, and may be considered independently of the annual amendment process. Amendments to the plan may also be considered whenever an emergency exists, or to resolve an appeal of the plan filed with the Eastern Washington Growth Management Hearings Board, following appropriate public participation. C. Amendment Review Process. Proposed amendments to the plan shall be submitted to the city of Yakima department of community and economic development, along with the required application fee, for review by the city planning commission pursuant to YMC 16.10.050. The city planning commission shall hold at least one public hearing to receive public testimony on proposed amendments, and shall forward its recommendation regarding proposed amendments to the city council, as outlined in YMC 16.10. The city council, pursuant to YMC 16.10.090, shall hold at least one public hearing on the city planning commission's recommendation. The city council may refer any proposed amendment back to the city planning commission for further consideration and recommendation. The city council may amend the plan or reject any proposed amendments subsequent to the city council public hearing. D. Existing Land Use Regulatory Ordinances Remain in Effect. All existing land use regulatory ordinances and land use controls shall remain in effect, including Title 15, Yakima Urban Area Zoning Ordinance; city of Yakima official zoning map; Title 14, Subdivisions; YMC Chapter 6.88, Environmental Policy; and YMC Chapter 15.27, Critical Areas, until such time that these ordinances are amended. Future land use decisions shall be based upon these ordinances, as periodically amended. E. Severability. If any section, sentence, clause or phrase of the adopted Yakima urban area comprehensive plan should be held to be invalid or unconstitutional by any body or court with authority and jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of the adopted Yakima urban area comprehensive plan. F. Revival of Plan upon Invalidation. In the event that an updated Yakima urban area comprehensive plan, or any portion thereof, is invalidated by the Eastern Washington Growth 4 18 Management Hearings Board, or any other body or court with authority and jurisdiction, the prior-approved Yakima urban area comprehensive plan, or the relevant portions thereof, shall be revived and shall be in effect until a new comprehensive plan or new relevant portions are established. (Ord. 2013-021 § 1 (Exh. A), 2013: Ord. 2011-10 § 2, 2011; Ord. 2010-22 § 1 (part), 2010: Ord. 99-33 § 1, 1999; Ord. 97-22 §2, 1997: Ord. 2579§ 1, 1981: Ord. 972 § 1, 1967: Ord. 779 §§ 1, 2, 1966). Section 2. Yakima Municipal Code Public Tree Ordinance Section 8.77.060: Duties and responsibilities, is hereby amended to read as follows: 8.77.060 Duties and responsibilities. It shall be the responsibility of the tree board to study, investigate, develop, update, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other city-owned public areas. Such plan will be presented annually to the city council and the Yakima Planning Commission, and upon city council's acceptance and approval shall constitute the official comprehensive city tree plan for the city of Yakima, Washington. The tree board, when requested by the city council, shall consider, investigate, make findings, report and make recommendations regarding any special matter or question coming within the scope of its work and/or work with the Yakima Planning Commission on matters of relevance to both groups. The tree board shall be a subcommittee of the Yakima Planning Commission. (Ord. 2016-032 § 1 (part), 2016). Section 3. Yakima Municipal Code Historic Preservation Ordinance Section 11.62.040: Yakima historic preservation commission, is hereby amended to read as follows: 11.62.040 Yakima historic preservation commission. A. Creation and Size.There is hereby established a Yakima historic preservation commission consisting of five members, as provided in subsection B of this section. Members of the Yakima historic preservation commission shall be appointed by the mayor with the approval of the Yakima city council and shall be residents of the city of Yakima. B. Composition of the Commission. (1) All members of the commission must have a demonstrated interest and competence in historic preservation, history, urban planning, or architecture and possess qualities of impartiality and broad judgment. (2) The commission shall always include at least one professional who has experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of history, architecture, architectural history, landscape architecture, historic preservation, planning, folklore, cultural anthropology, prehistoric and historic archaeology, American studies, curation, traditional building crafts, the practice of historic rehabilitation or restoration,finance and banking, law, and real estate, or related disciplines. The commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions, unless the commission action is related to meeting certified local government (CLG) responsibilities cited in the certification agreement between the mayor of Yakima and the State Historic Preservation Officer on behalf of the state. Furthermore, exception to the residency requirement of 5 19 commission members may be granted by the mayor of Yakima with the approval of the Yakima city council in order to obtain representatives from these disciplines. (3) In making appointments, the mayor may consider names submitted from any source, but the mayor shall notify Yakima history, heritage, preservation, and development related organizations of vacancies so that names of interested and qualified individuals may be submitted by such organizations for consideration along with names from any other source. C. Terms. The initial appointments to the commission shall be staggered. Two members shall be appointed for one year, three members shall be appointed for two years, and two members shall be appointed for four years. Thereafter, the terms shall be made for four years.There shall be no consecutive term limit for membership on the commission. Vacancies shall be filled by the mayor with the approval of the council for a new or unexpired term in the same manner as the original appointment. D. Powers and Duties. The major responsibility of the historic preservation commission is to identify and actively encourage the conservation of Yakima's historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties, to raise community awareness of Yakima's history and historic resources, and to serve as Yakima's primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the commission shall engage in the following: (1) Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the city of Yakima and known as the Yakima historic inventory, and publicize and periodically update inventory results. Properties listed on the inventory shall be recorded on official zoning records with an "HI" (for historic inventory designation). This designation shall not change or modify the underlying zone classification. (2) Initiate and maintain the Yakima register of historic places. This official register shall be compiled of buildings, structures, sites, objects, and districts identified by the commission as having historic significance worthy of recognition and protection by the city of Yakima and encouragement of efforts by owners to maintain, rehabilitate, and preserve properties. (3) Review nominations to the Yakima register of historic places according to criteria in YMC 11.62.045 and adopt standards in its rules to be used to guide this review. (4) Review proposals to construct, change, alter, modify, remodel, move, demolish, or significantly affect properties or districts on the register as provided in YMC 11.62.050 and adopt standards and design guidelines in its rules to be used to guide this review and the issuance of a certificate of appropriateness or waiver. (5) Provide for the review either by the commission or its staff of all applications for approvals, permits, environmental assessments or impact statements, and other similar documents pertaining to identified historic resources. (6) Conduct all commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation and adopt standards in its rules to guide this action. 6 20 (7) Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic and prehistoric resources. (8) Establish liaison support, communication and cooperation with federal, state, and other local government entities which will further historic preservation objectives, including public education, within the city of Yakima. (9) Serve as a subcommittee to the Yakima Planning Commission to review and comment to the Yakima Planning Commission on land use, housing and redevelopment, economic development strategies, municipal improvements and other types of planning and programs undertaken by agencies of the city of Yakima, other neighboring communities, Yakima County, the state or federal governments, as they relate to historic resources of the city of Yakima. (10) Advise the Yakima Planning Commission, and/or the Yakima city council and the mayor of Yakima generally on matters of Yakima history and historic preservation. (11) Perform other related functions assigned to the commission by the Yakima city council. (12) Provide information to the public on methods of maintaining and rehabilitating historic properties. This may take the form of pamphlets, newsletters, workshops, websites, or similar activities. (13) Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas and encourage appropriate measures for such recognition. (14) Be informed about and provide information to the public, the Yakima Planning Commission, and city of Yakima departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties. (15) Review nominations to the State and National Registers of Historic Places. (16) Investigate and report to the Yakima Planning Commission and/or the Yakima city council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in the city of Yakima. (17) Serve as the local review board for special valuation and: a. Make determination concerning the eligibility of historic properties for special valuation; b. Verify that the improvements are consistent with the Washington State Advisory Council's standards for rehabilitation and maintenance; c. Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254-20-070(2); 7 21 d. Approve or deny applications for special valuation; • e. Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the ten-year special valuation period; and f. Adopt bylaws and/or administrative rules and comply with all other board responsibilities identified in Chapter 84.26 RCW. (18) Provide a yearly report to the Yakima Planning Commission regarding the activities undertaken in the previous twelve (12) months, or report more often if requested by the Yakima Planning Commission or the Yakima City Council. E. Compensation. All members shall serve without compensation. F. Rules and Officers. The commission shall establish and adopt its own rules of procedure, and shall select from among its membership a chairperson and such other officers as may be necessary to conduct the commission's business. G. Commission Staff. Commission and professional staff assistance may be provided by the department of community development, or other department as designated by the city manager, with additional assistance and information to be provided by other city departments as may be necessary to aid the commission in carrying out its duties and responsibilities under this chapter. (Ord. 2019-017§ 1, 2019: Ord. 2015-004§ 1 (Exh. A) (part), 2015: Ord. 2013-22 § 1, 2013: Ord. 2011-28 § 1 (Exh. A) (part), 2011: Ord. 2005-02 §2 (part), 2005). Section 4. Yakima Municipal Code Bicycle and Pedestrian Advisory Committee Ordinance Section 1.37.010: Establishment, is hereby amended to read as follows: 1.37.010 Establishment. There is hereby established within the city of Yakima a bicycle and pedestrian advisory committee, which shall be a subcommittee of the Yakima Planning Commission, to be appointed by the city council to carry out the purposes listed herein. (Ord. 2023-002 § 1, 2023). Section 5. Yakima Municipal Code Bicycle and Pedestrian Advisory Committee Ordinance Section 1.37.050: Meetings, is hereby amended to read as follows: 1.37.050 Meetings. (a) At its first meeting of each calendar year, the committee shall elect a chairperson and a secretary, which persons shall hold office for one year and until their successors are appointed. (b) The committee should hold, at a minimum, regular quarterly public meetings that may be broadcast by the city. The committee may appoint a subcommittee of at least two members, which may meet during other times and at other dates as the subcommittee deems necessary or appropriate,to review and discuss bicycle/pedestrian committee policies and procedures, or relevant code sections of the Yakima Municipal Code. The subcommittee shall formulate a recommendation regarding its work to the whole committee for its consideration. Subcommittee meetings may be staffed only upon written request to the city manager from the subcommittee, and at the city manager's, or their designee's, discretion. 8 22 (c) Minutes of each meeting shall be kept by the secretary and sent to the staff liaison, or, if there is no staff liaison assigned, the city clerk, and any other city staff person or council person as determined by the city. (d) All committee meetings shall be open to the public. (e) To constitute a quorum for the transaction of business there shall be a simple majority of seated committee members present. (f) An agenda shall be prepared and distributed by the chairperson prior to each meeting which includes a list of individual items of committee business that are intended to be discussed. If staff members are approved for attendance, they shall receive an agenda at least five business days prior to the meeting. (Ord. 2023-023 § 2, 2023; Ord. 2023-002 § 1, 2023). Section 6. Yakima Municipal Code Bicycle and Pedestrian Advisory Committee Ordinance Section 1.37.060: Functions and duties, is hereby amended to read as follows: 1.37.060 Functions and duties. (a) The committee generally shall serve in an advisory capacity to the Yakima Planning Commission as a subcommittee of the Commission concerning the development, maintenance and planning of the network of facilities for bicycles and pedestrians within the city or extending into Yakima County or neighboring communities. (b) The committee shall assist the Yakima Planning Commission and, when specifically requested, the city council, on specific projects delegated to the committee by those groups. (c) The committee shall report to the Yakima Planning Commission on an annual basis at a minimum. Reports to the Yakima Planning Commission shall contain a summary of action items taken to date, a list of action items that are pending, and a summary of any findings made as of the date of the report that are relevant to the committee's purpose or pending action items. The chair of the committee is responsible for writing any report and forwarding it to the staff liaison for the Yakima Planning Commission for dissemination and inclusion in a Yakima Planning Commission agenda. (d) On areas of work where the Yakima Planning Commission finds that it would be more appropriate to have the committee provide advice and information either directly to the City Council, or to another committee, board or commission, the Yakima Planning Commission will refer the work to the council or to another committee, board or commission for its review and evaluation. (Ord. 2023-002 § 1, 2023). Section 7. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 8. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. 9 23 PASSED BY THE CITY COUNCIL, signed and approved this 5th day of March, 2024. Patric'ayers, Mayor ATTEST: �' ) 1 :SEAL 'Rosali[nda Ibarra, City Clerk .4 •'" Publication Date: March 9. 2024 Effective Date: April 8, 2024 10