HomeMy WebLinkAbout10/01/2024 Business Meeting/Executive Session 406
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YAKIMA CITY COUNCIL MINUTES
October 1, 2024
City Hall - Council Chambers - 129 N 2nd Street, Yakima, WA
5:30 PM City Council Regular Meeting — conducted in person and remotely via Zoom.
Executive Session
Executive session to consider the selection of a site or the acquisition of real estate by lease
or purchase when public knowledge regarding such consideration would cause a likelihood of
increased price pursuant to RCW 42.30.110(1)(b)
MOTION: Brown moved and Herrera seconded to adjourn to Executive Session until
5:30 p.m. to consider the selection of a site or the acquisition of real estate by lease
or purchase when public knowledge regarding such consideration would cause a
likelihood of increased price pursuant to RCW 42.30.110(1)(b). The motion carried by
unanimous vote; Deccio absent.
Present for Executive Session: Mayor Patricia Byers, presiding; Assistant Mayor Matt Brown
and Councilmembers Reedy Berg (attending remotely via speakerphone), Rick Glenn,
Danny Herrera and Leo Roy
Executive session was held at 5:23 p.m. and adjourned at 5:30 p.m. The meeting was
called back to order at 5:30 p.m.
1. Roll Call
Present: Mayor Patricia Byers, presiding; Assistant Mayor Matt Brown and Councilmembers
Reedy Berg (attending remotely via Zoom), Rick Glenn, Danny Herrera and Leo Roy
Staff: City Manager Vicki Baker, City Attorney Sara Watkins and City Clerk Rosalinda Ibarra
Absent and Excused: Councilmember Janice Deccio
2. Pledge of Allegiance
Mayor Byers led the Pledge of Allegiance.
3. Interpreter Services
Mayor Byers introduced Jorge Villasenor who announced interpreter services are
available in Spanish.
4. Public Comment
Steve Hill, Chair of the Yakima County Homeless Network, spoke about the SODA areas and
requested a meeting with Council and service providers regarding the matter.
Tony Sandoval, City resident, suggested that Council consider indigent defendants pay
minimal costs to help cover some of their own defense costs.
Mr. Timm, City resident, stated that Council has not responded to concerns regarding a project
development in the neighborhood.
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Jeanna Hernandez, City resident, recommended that Council institute a moratorium on right-
of-way vacations that do not have long-term economic development benefits to the City.
Angelica Cisneros, Jocelyn Castro, and Salma Zuazo (Heritage University nursing students);
Dr. Sheila Kredit, South Central Chapter of the WA Academy of Family Physicians; Dr. Andres
Calvillo, physician; Meghan Tweedy, city resident; and Dr. Noah Levine, physician; spoke in
support of the needle exchange program and in opposition of eliminating harm reduction
programs. They urged Council to consider the negative effects the removal of the needle
exchange program will have on public health.
LaWanda Hatch, Franklin County resident, provided information about the Franklin County
needle exchange program and spoke in favor of eliminating the needle exchange program.
Victor Lombardi, Moses Lake resident, shared with Council questions that they may consider
when evaluating needle exchange programs.
5. Open Discussion for the Good of the Order
A. Fundraising efforts and project update on the Aquatic Center at MLK Jr. Park
Parks and Recreation Manager Ken Wilkinson presented a status update on the
construction of the Aquatic Center at Martin Luther King Jr. Park. The parking lot has
been completed and total project completion is anticipated for June 2025.
Addy Logsdon, fundraising consultant, provided an update on fundraising efforts for
the aquatic center project. Funding for the project is ongoing and close to being fully
funded. Additional funding has been received from Yakima County, the State of
Washington, the City of Yakima, and pledges from community donors.
Total cost for the construction of the project is approximately $10.9 million and
estimated operating costs are expected to be between $250k-$300k.
6. Council Reports
A. Discussion on reducing or eliminating needle exchange programs in the City limits
Councilmember Reedy Berg opened the discussion.
Senior Assistant City Attorney Brooke Hargreaves provided Council information about the
potential regulation of needle exchange programs by the City of Yakima and other
jurisdictions. These programs are authorized by statute and cannot be prohibited by local
governments.
After discussion, Council requested that the Yakima County Health District provide a
presentation to Council on the needle exchange program they operate.
7. Consent Agenda
Mayor Byers referred to the items placed on the Consent Agenda, questioning whether
there were any additions or deletions from Council members present. Items H and I were
removed from the consent agenda. 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: Brown moved and Herrera seconded to approve the consent agenda as
presented. The motion carried by a 6-0 roll call vote; Deccio absent.
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A. Approval of minutes from the September 17, 2024 City Council regular meeting
B. Set date of November 4, 2024, as the date for an open record public hearing to
consider the Yakima Planning Commission's recommendation on a Comprehensive
Plan Amendment (CPA#001-24) and Rezone (RZ#001-24) request for five parcels in
the vicinity of the 2000 block of Viola Ave and Simpson Ln
C. Set date of November 4, 2024, as the date for an open record public hearing to
consider the Yakima Planning Commission's recommendation on a Comprehensive
Plan Amendment (CPA#002-24) and Rezone (RZ#002-24) request for 7500 W Nob
Hill Blvd
D. Set date of November 4, 2024, as the date for an open record public hearing to
consider the Yakima Planning Commission's recommendation on a Comprehensive
Plan Amendment (CPA#003-24) and Rezone (RZ#003-24) request for 8603 & 8604
Ahtanum Rd
E. Resolution accepting and approving 2nd Quarter 2024 Claim Report
RESOLUTION NO. R-2024-175, A RESOLUTION accepting and approving the 2nd
Quarter 2024 Claim Report for the City of Yakima.
F. Resolution ratifying and confirming the City Manager's execution of Change Order
7 with Apollo Inc for N 1st Street Phase 3 Project 2580
RESOLUTION NO. R-2024-176, A RESOLUTION ratifying and confirming the City
Manager's execution of Change Order 7 with Apollo Inc. for the North 1st Street Phase
3 Project, Project Number 2580.
G. Resolution authorizing contract with Knobel's Electric Inc for the N. 2nd Street & Staff Sgt.
Pendleton Way Sidewalk Replacement Project 2603
RESOLUTION NO. R -2024-177, A RESOLUTION authorizing an agreement with
Knobel's Electric Inc. for N 2nd Street & Staff Sgt. Pendleton Way Sidewalk
Replacement Project 2603.
H. This item was removed from the Consent Agenda
I. This item was removed from the Consent Agenda
Items Removed from the Consent Agenda
Mayor Byers acknowledged that these items exhibit collaboration and partnership and are in
line with the Council's strategic priorities.
H. Resolution authorizing an Interlocal Agreement with Kittitas Valley Fire and Rescue for
a Joint Training Academy
RESOLUTION NO. R-2024-178, A RESOLUTION authorizing an Interlocal
Agreement with Kittitas Valley Fire and Rescue for a Joint Training Academy.
I. Resolution authorizing the City Manager to accept a $353,998 Office on Violence
Against Women (OVW) Enhancing Investigation and Prosecution of Domestic
Violence (DV), Dating Violence, Sexual Assault, and Stalking Initiative Grant by
signing the Award Acceptance Agreement
RESOLUTION NO. R-2024-179, A RESOLUTION authorizing the City Manager to
accept a $353,998 Office on Violence Against Women (OVW) Enhancing Investigation
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and Prosecution of Domestic Violence (DV), Dating Violence, Sexual Assault, and
Stalking Initiative Grant by signing the Award Acceptance Agreement.
The City Clerk read both resolutions by title.
MOTION: Brown moved and Roy seconded to adopt Items H and I. The motion carried
by a 6-0 roll call vote; Deccio absent.
8. Public Hearings
A. Public hearing and Ordinance to consider the Hearing Examiner's recommendation
regarding a right-of-way petition for Columbia Ridge Homes to vacate a portion of N.
92nd Ave. north of Summitview Ave
Senior Planner Eric Crowell introduced this item and briefed Council on the
Hearing Examiner's recommendation.
Mayor Byers administered the Appearance of Fairness Doctrine by asking
Councilmembers the following questions:
• Is there any Councilmember who cannot hear this matter due to a conflict of
interest, ownership of property adjacent to the street sought to be vacated, or
inability to hear the matter in a fair and objective manner? Councilmembers
responded no.
• Has any Councilmember had any ex parte communications with the Applicants, or
anyone else, regarding this application? If so, please place on the record the
substance of your communications so that interested parties have the opportunity
to rebut the communications. Councilmembers responded no.
. Is there anyone who wishes to challenge any Councilmember's participation
in this matter? No one spoke to the issue.
Mayor Byers opened the public hearing.
Tom Durant of PLSA Surveying, spoke on behalf of applicants and in favor of Council
approving this right-of-way vacation. Mr. Durant submitted for the record the stamped
engineered plans of N. 92' Avenue.
Neil Hauff and Michele Hauff, City residents; Marchal Tyler, City resident; Reed Pell,
attorney for Neil and Michele Hauff; spoke in opposition to the proposed right-of-way
vacation.
Senior Assistant City Attorney Bronson Faul provided Council with information regarding
jurisdictional ownership of the subject property.
Justin Hellem, with Columbia Ridge Homes, addressed concerns regarding the grade
incline of the newly constructed roadway near their proposed development.
After extensive Council discussion,
MOTION: Byers moved and Glenn seconded to close the public hearing and delay
the decision for two weeks. Motion carried by 4-1 vote; Brown voting no. Berg was
not present during the vote; and Deccio absent.
Mayor Byers closed the public hearing.
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9. Department Items
A. Resolution authorizing execution of closing documents to complete the purchase
of the property at 10 North 9th Street
City Attorney Sara Watkins briefed Council on the proposed resolution finalizing the
purchase and sale of the Chamber building property.
The City Clerk read the resolution by title only.
MOTION: Brown moved and Roy seconded to adopt the resolution. The motion
carried by a 5-1 roll call vote; with Glenn voting no and Deccio absent.
RESOLUTION NO. R-2024-180, A RESOLUTION authorizing execution of closing
documents to complete the purchase of the property at 10 North 9th Street.
B. Resolution authorizing a Contract Agreement with Interwest Construction, Inc. for the
Nelson Ph. 2 Conveyance Improvements Project IC2010
Water/Irrigation Manager Mike Shane briefed Council on the proposed resolution and
noted that the total bid for all phases of construction is approximately $13.7 million.
Phase 2A of this project is anticipated to begin this year during the irrigation off-season
period.
The City Clerk read the resolution by title only.
MOTION: Brown moved and Roy seconded to adopt the resolution. The motion
carried by a 6-0 roll call vote; Deccio absent.
RESOLUTION NO. R-2024-181, A RESOLUTION authorizing an agreement with
Interwest Construction, Inc. for the construction of the Nelson Dam Removal Project:
Water Supply, Fish Passage, and Riverine Process Phase 2 (2A, 2B and 2C)
Conveyance Improvements Project IC2010.
C. Resolution authorizing an Agreement with Perry Technical Institute for the
Use of an Undeveloped Area of Tahoma Cemetery for Parking
Parks and Recreation Manager Ken Wilkinson briefed Council on the proposed
resolution allowing the temporary use of a portion of undeveloped area at Tahoma
Cemetery for overflow parking for students attending Perry Technical. Jason
Lamiquiz, President of Perry Technical Institute, provided additional information
regarding the future growth of the school, including a new building and parking lot.
The City Clerk read the resolution by title only.
MOTION: Brown moved and Herrera seconded to adopt the resolution. The
motion carried by a 6-0 roll call vote; Deccio absent.
RESOLUTION NO. R-2024-182, A RESOLUTION approving the Lease Agreement
between the City of Yakima and Perry Technical Institute.
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D. Discussion on nuisance activities in downtown area
City Attorney Sara Watkins informed Council about an ordinance relating to
shopping carts to be on the next business meeting agenda. Additionally, a
meeting will take place with Yakima County and other stakeholders regarding
nuisance activities along the Greenway Path.
Council requested an update regarding recent litigation in Spokane relating to
their sit/lie ordinance.
E. 2025-2026 Preliminary Priority Based Budget presentation
Finance staff consisting of Director Viren Mayani, Financial Services Manager
Kimberly Domine, and Financial Services Officer Jen Paxton, along with City
Manager Vicki Baker presented and reviewed the 2025-2026 preliminary priority-
based biennial budget.
The 2025 General Fund budget is predicted to have a shortfall of approximately $7
million dollars between revenues and expenditures. And the 2026 General Fund
budget deficit is projected to be approximately $9 million dollars. It will be very
challenging for the City to maintain a 16.7% policy reserve amount as mandated by
City policy. Some contributing factors to the current situation include: property tax levy
rate decrease, in 2024 the rate was $1.85; CPI annual increases to the dedicated
street overlay and reconstruction fund and the public parks and recreation capital fund;
liability insurance rates; unsettled collective bargaining agreements; COLA
adjustments and inflation; payroll and accrued liability; LEOFF 1 retiree's healthcare
costs; probation services costs; indigent defense workload limitations; YMCA operating
costs; among other qualifying events.
10. City Manager Update
City Manager Baker discussed an opportunity for the Council to provide support to All Aboard
Washington to return passenger rail service to the Yakima area. It was Council consensus to
support their efforts.
City Manager Baker provided an update regarding public parking permits.
MOTION: Brown moved and Glenn seconded to direct staff to draft an amendment to
the public parking ordinance changing the allowed parking permits from 40% to 50%.
The motion carried by unanimous vote; Deccio absent.
City Manager Baker shared that former City Manager Dick Zais offered to volunteer time to
help through the budget process. Council agreed to accept his assistance with budget.
11. Other Business
Mayor Byers introduced a draft proclamation for Council's consideration related to the 80th
anniversary of Staff Sergeant Pendleton's heroism.
MOTION Brown moved and Roy seconded to suspend the rules. The motion carried by
unanimous vote; Deccio absent
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MOTION: Brown moved and Roy seconded to accept the proclamation before the
Council tonight to be read at the October 8 meeting declaring October 12 to be Sergeant
Pendleton Day in the City of Yakima. The motion carried by unanimous vote; Deccio absent.
Mayor Byers notified Council that the application period for the Yakima County Health District
Board is currently open and applications are due October 6, 2024.
An invitation was extended to City Council to attend the US Citizenship and Immigration
Services (USCIS) Change of Command Ceremony, on Wednesday, October 9, 2024, from
11:00 a.m. to 12:30 p.m. Councilmember Glenn confirmed his attendance at this event.
Mayor Byers informed Council members that the previously approved LTAC allocations will be
back before Council in December for formal approval.
Mayor Byers encouraged Council to read a letter of appreciation from an ONDS program
recipient which is included in the Council packet.
MOTION: Berg moved and Brown seconded to direct staff to bring ordinances
regulating needle exchange programs back to Council for discussion after presentation
from the Yakima County Health District. The motion carried by a 5-1 vote; Herrera voting
no; Deccio absent.
12. Adjournment
MOTION: Brown moved and Herrera seconded to adjourn to the next City Council
study session on October 8, 2024, at 5:00 p.m. in the Council Chambers at City Hall.
The motion carried by unanimous vote; Deccio absent. The meeting adjourned at 8:53 p.m.
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