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Home My WebLink About10/15/2024 Business Meeting/Executive Session 416 • YAKIMA CITY COUNCIL MINUTES October 15, 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 — 5:00 p.m. Executive Session regarding pending litigation pursuant to RCW 42.30.110(1)(i) MOTION: Brown moved and Deccio seconded to adjourn to Executive Session for 30 minutes to discuss pending litigation pursuant to RCW 42.30.110(1)(i). The motion carried by unanimous vote. Present for Executive Session: Mayor Byers, Assistant Mayor Brown, and Councilmembers Berg, Deccio, Glenn, Herrera, and Roy Executive session was held at 5:04 p.m. and adjourned at 5:27 p.m. The meeting was called back to order at 5:32 p.m. 1. Roll Call Mayor Byers announced that due to technical difficulties this meeting was not being broadcast live on YPAC or Spectrum Cable Channel 194 but can be streamed live on the City of Yakima website. Present: Mayor Patricia Byers, presiding; Assistant Mayor Matt Brown and Councilmembers Reedy Berg, Janice Deccio, Rick Glenn, Danny Herrera and Leo Roy Staff: City Manager Vicki Baker, City Attorney Sara Watkins and City Clerk Rosalinda Ibarra 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 Margaret Filkins, City resident; and John Baule, city resident; commented about the parking pass renewal process for expired parking permits. Marchal Tyler, City resident, spoke against the N. 92nd Ave. right-of-way vacation proposal. 5. Open Discussion for the Good of the Order October 15, 2024—Yakima City Council Meeting Minutes Page 1 of 9 417 None. 6. Council Reports Mayor Byers stated that the MLK pool committee will hold their final meeting, and a report will be forthcoming. 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 L and M 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 Deccio seconded to approve the consent agenda as presented. The motion carried by a 7-0 roll call vote. A. Approval of minutes from the October 1, 2024 City Council regular meeting and October 8, 2024 study session B. Approve payment of disbursements for the period September 1-30, 2024 C. 2024 3rd Quarter Treasury Report D. Set date of November 4, 2024 for public hearing regarding the Ad Valorem Tax (property tax) for collection in 2025 E. Set the dates of November 4 and November 19, 2024, for public hearings on the 2025- 2026 Biennial Budget for the City of Yakima F. Set date of November 19, 2024, as the date for an open record public hearing to consider the Yakima Planning Commission's recommendation on a Comprehensive Plan Amendment (CPA#004-24) and Rezone (RZ#004-24) request for three parcels (now four parcels following a lot line adjustment) in the vicinity of 2300 E. Birch Street G. Set date of November 19, 2024 for a closed record public hearing to consider the Yakima Planning Commission's recommendation regarding the preliminary plat of "Rainier Court Phase 5" submitted by Columbia Ridge Homes LLC H. Set date of November 19, 2024 for a closed record public hearing to consider the Yakima Planning Commission's recommendation regarding text amendments to YMC Title 14 - Subdivisions, Title 15 - Yakima Urban Area Zoning Ordinance, and Title 16 - Administration of Development Permit Regulations I. Project Completion and Contract Acceptance with MG Wagner Company Inc. for the HBJCC Roof Replacement Project 2798 J. Resolution authorizing award of Bid 12421 and execution of an agreement with Solenis LLC, to purchase Cationic Polymer Flocculant October 15, 2024—Yakima City Council Meeting Minutes Page 2 of 9 418 RESOLUTION NO. R-2024-183, A RESOLUTION authorizing award of BID 12421 and execution of an agreement with Solenis LLC, to purchase Cationic Polymer Flocculant. K. Resolution authorizing an Agreement with HDR Engineering, Inc. for Professional Engineering and Permitting Services during construction for the Nelson Phase 2 Conveyance Improvements Project IC2010 RESOLUTION NO. R-2024-184, A RESOLUTION authorizing a supplemental agreement with HDR Engineering, Inc. not to exceed $673,200, to provide construction engineering and permitting services for the Nelson Dam Removal Project: Water Supply, Fish Passage, and Riverine Process Phase 2 Conveyance Improvements Project IC2010. L. This item was removed from the Consent Agenda. M. This item was removed from the Consent Agenda. N. Resolution authorizing an Agreement with Apollo, Inc. for Project WF2761 Biosolids Dewatering Improvements at the Wastewater Treatment Plant RESOLUTION NO. R-2024-187, A RESOLUTION authorizing an Agreement with Apollo, Inc. for Project WF2761 Biosolids Dewatering Improvements at the Wastewater Treatment Plant. O. Resolution authorizing Trial Court Improvement Account (TCIA) to be used by the Municipal Court for ongoing improvements RESOLUTION NO. R-2024-188, A RESOLUTION authorizing Trial Court Improvement Funds to be used by the Municipal Court for ongoing improvements as required under RCW 3.50.480. P. Resolution ratifying probation services agreement between Yakima Municipal Court and Yakima County Probation Services RESOLUTION NO. R-2024-189, A RESOLUTION ratifying City Manager's execution of the Probation Services Agreement between the City of Yakima and Yakima County. Q. Resolution approving an agreement with the State of Washington Department of Revenue for the State administration of tourism promotion area fees RESOLUTION NO. R-2024-190, A RESOLUTION approving the Agreement between the City of Yakima and the State of Washington Department of Revenue for the State administration of tourism promotion area fees. R. Resolution authorizing the City Manager to set the 2025 and 2026 Airport Rates and Fees RESOLUTION NO. R-2024-191, A RESOLUTION authorizing the City Manager to set the 2025 and 2026 Airport Rates and Fees within the Master Fee Schedule with an annual increase until rates reach Fair Market Value, then implementing an annual five percent (5%) increase thereafter. October 15, 2024—Yakima City Council Meeting Minutes Page 3 of 9 419 Items removed from the Consent Agenda L. Resolution authorizing grant acceptance from the Department of Commerce for the 2026 Growth Management Act Periodic Update RESOLUTION NO. R-2024-185,A RESOLUTION authorizing a Grant Contract with the Washington State Department of Commerce to provide funding assistance for the City of Yakima's Comprehensive Plan Periodic Update. M. Resolution authorizing grant acceptance from the Department of Commerce for Climate Resilience Element of the Comprehensive Plan RESOLUTION NO. R-2024-186,A RESOLUTION authorizing a Grant Contract with the Washington State Department of Commerce to provide funding assistance for a Climate Resilience Element in the Comprehensive Plan. The City Clerk read both resolutions by title only. MOTION: Byers moved and Deccio seconded to approve items L and M. The motion carried by a 7-0 roll call vote. 8. Public Hearings A. Public hearing and Ordinance to consider the Hearing Examiner's recommendation regarding a right-of-way petition for YWCA to vacate S. 10th Avenue between W. Chestnut Avenue and W. Walnut Street Planning Manager Trevor Martin introduced this item and briefed Council on the Hearing Examiner's recommendation. Mayor Byers opened the public hearing. Cheri Kilty, YWCA representative, spoke in favor of the right-of-way vacation proposal and asked the Council to waive or reduce the appraised value fee amount due to the hospital's prior payment to the city for the license agreement and private maintenance of the area. Attorney James Carmody spoke in favor of the waiver or reduction of the appraised value payment. With no one else coming forward or calling in to speak, Mayor Byers closed the public hearing. MOTION: Deccio moved and Glenn seconded to adjourn to Executive Session for up to 15 minutes pursuant to RCW regarding real estate. The motion carried by unanimous vote. Executive session was pursuant to RCW 42.30.110(i) which allows the Council to discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. October 15, 2024—Yakima City Council Meeting Minutes Page 4 of 9 420 Executive session was held at 6:15 p.m. and adjourned at 6:30 p.m. The meeting was called back to order at 6:31 p.m. The City Clerk read the ordinance by title only. After Council deliberation, MOTION: Glenn moved and Deccio seconded to grant the vacation and pass the ordinance adopting the Hearing Examiner's recommendation and waive all charges to the YWCA. The motion failed by a 4-3 roll call vote; with Berg, Brown, Byers and Roy voting no. MOTION: Brown moved and Berg seconded to grant the vacation and pass the ordinance adopting the Hearing Examiner's recommendation. The motion carried by a 6-1 call vote; with Glenn voting no. ORDINANCE NO. 2024-028, AN ORDINANCE relating to land use; vacating S. 10th Ave. right-of-way between W. Chestnut Ave. and W. Walnut St. in the City of Yakima, Washington. 9. Department Items A. 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. Planning Manager Trevor Martin briefed the Council on the proposed ordinance. Senior Assistant City Attorney Bronson Faul addressed the information presented under public comment regarding an underlying driveway. The City Clerk read the ordinance by title only. MOTION: Glenn moved and Berg seconded to approve the ordinance as presented. The motion failed by a 4-3 roll call vote; with Berg, Brown, Herrera and Roy voting no. After Council deliberation and amendment, the following motion as amended was proposed. AMENDED MOTION: Brown moved and Berg seconded to remand the vacation back to the Hearing Examiner for additional testimony for interest of the public benefit, reason for, and limitations of the proposed right-of-way vacation; whether the vacation is appropriate with existing and anticipated zoning and land use; whether the proposal is consistent with existing plans of the city, such as the six-year transportation improvement plan, the urban area comprehensive plan or other city official plans and policies; and, whether the vacation would deny sole access to a public street or alley for any property. The motion carried by 7-0 roll call vote. AN ORDINANCE relating to land use; vacating a portion of N. 92nd Ave. north of Summitview Ave. in the City of Yakima, Washington. October 15, 2024 -Yakima City Council Meeting Minutes Page 5 of 9 421 B. Ordinance amending the City of Yakima Municipal Code Chapter 5.99 Tourism Promotion Area Director of Finance and Budget Viren Mayani briefed the Council on the proposed ordinance related to allowable exemptions for tourism promotion area assessments passed by House Bill 2137. The City Clerk read the ordinance by title only. MOTION: Brown moved and Deccio seconded to pass the ordinance. The motion carried by a 7-0 roll call vote. ORDINANCE NO. 2024-029, AN ORDINANCE amending the City of Yakima Municipal Code Chapter 5.99 Tourism Promotion Area. C. Ordinance amending Section 9.50.220: Long-term parking permits City Attorney Sara Watkins briefed the Council on the proposed amendment to the parking regulations which increases the percentage of permits that can be issued of all available parking spaces in City-owned parking lots. The City Clerk read the ordinance by title only. MOTION: Brown moved and Deccio seconded to pass the ordinance and increase the percentage of permits to 60% for long-term parking permits. The motion carried by a 7-0 roll call vote. ORDINANCE NO. 2024-030, AN ORDINANCE amending the City of Yakima Municipal Code Section 9.50.220: Long-term parking permits. D. Ordinance amending City of Yakima Municipal Code Section 6.27. Shopping Cart Regulations Senior Assistant City Attorney Brooke Hargreaves described the proposed ordinance which prohibits possession of a shopping cart on public rights-of-way and in parks and allows for the immediate seizure of the shopping cart. The City Clerk read the ordinance by title only. After discussion, MOTION: Brown moved and Deccio seconded to pass the ordinance. The motion carried by a 6-1 roll call vote; with Glenn voting no. ORDINANCE NO. 2024-031, AN ORDINANCE amending the City of Yakima Municipal Code Section 6.27, Shopping Cart Regulations. E. Resolution placing the shopping cart operation fee in the Master Fee Schedule Senior Assistant City Attorney Brooke Hargreaves explained the proposed resolution updating the Master Fee Schedule to include infraction penalty fees for shopping carts on public rights-of-way and removes the appeal fee. October 15, 2024 —Yakima City Council Meeting Minutes Page 6 of 9 422 The City Clerk read the resolution by title only. MOTION: Deccio moved and Brown seconded to adopt the resolution. The motion carried by a 7-0 roll call vote. RESOLUTION NO. R-2024-192, A RESOLUTION updating the Master Fee Schedule relating to Yakima Municipal Code 6.27 Shopping Cart Regulations. F. Resolution authorizing the City Manager to dedicate opioid settlement money to fund the cost of a Municipal Community Court Case Manager for five years, with an option to extend another five years Senior Assistant City Attorney Cynthia Martinez and Municipal Court Judge Aryn Masters briefed the Council on the proposed resolution which dedicates opioid settlement funds to pay for a Municipal Community Court Case Manager for the City's diversion program. The City Clerk read the resolution by title only. MOTION: Deccio moved and Herrera seconded to adopt the resolution. The motion carried by a 7-0 roll call vote. RESOLUTION NO. R-2024-193, A RESOLUTION authorizing the City Manager to dedicate opioid settlement money to fund the cost of a Municipal Community Court Case Manager for five years, with an option to extend another five years. 10. Review of Proposed 2025-2026 Biennial Priority Based Budget Session City Manager Vicki Baker opened the discussion regarding the Proposed 2025-2026 Biennial Priority Based Budget Session. The purpose of these detailed sessions is to provide transparency in order for Council to make informed decisions moving forward. A. Civil Division Budget Presentation City Attorney Sara Watkins provided a budget overview of the Legal Department's Civil Division program operational costs, including legal counsel advice services and risk management efforts to help reduce liability risks. Staff highlighted an increase in insurance and claims adjuster costs, as well as higher personnel-related lawsuits and damage claim payments. B. Transit Division Budget Presentation Acting Transit Manager Jim Hogenson and Public Works Director Scott Schafer presented the budget overview of services provided by the Transit Division, including fixed route bus service, paratransit service, and the Yakima/Ellensburg commuter service. Staff shared their 2024 accomplishments and future goals. C. Engineering / Office of Neighborhood Services Division Budget Presentations October 15, 2024—Yakima City Council Meeting Minutes Page 7 of 9 423 Community Development Director Bill Preston presented an overview of the Engineering Division's budgetary costs for services and programs provided, including capital projects, project administration, transportation planning, and traffic engineering. Mr. Preston also presented the budget overview of services and costs provided by the Office of Neighborhood Development Services (ONDS), including the Community Development Block Grant (CDBG) program and the Home Investment Partnership (HOME) program. D. Planning Division Budget Presentation Planning Manager Trevor Martin presented the budget overview of services and costs provided by the Planning Division, including current and long-range planning efforts. E. Code Administration Division Budget Presentation Code Administration Manager Glenn Denman presented the budget overview of services and costs provided by the Code Administration Division, including building plan reviews and permitting, building code inspections, the code enforcement and compliance program, and business and regulatory license services. F. Fire Department Budget Presentation Yakima Fire Chief Aaron Markham presented an extensive overview of the services and costs associated with the Yakima Fire Department budget which includes fire suppression, emergency medical services, community risk reduction program, fire administrative services, fire training efforts, equipment and facilities repairs and maintenance, fire investigation, aircraft rescue and firefighting activities, rescue and hazardous materials teams, and unmanned aerial systems operations. Chief Markham also described the department's future budgetary needs for each fire station. Public Safety Communications Manager Erica McNamara presented the budget overview for services and program costs related to SunComm public safety communications which include 911 emergency call-takers and dispatch services and contracts with other jurisdictions. 11. City Manager Update City Manager Baker informed the Council of her meetings with City departments to understand processes; seeking ways to streamline the parking process based on community comments; and is working to partner with County when possible. 12. Other Business None. 13. Adjournment MOTION: Brown moved and Deccio seconded to adjourn to the next City Council study session on October 22, 2024, at 5:00 p.m. in the Council Chambers at City Hall. The motion carried by unanimous vote. The meeting adjourned at 9:22 p.m. October 15, 2024—Yakima City Council Meeting Minutes Page 8 of 9 424 CERTIFICATION READ AND CERTIFIED ACCURATE BYA ii_12-11 COUNCIL MBER DATE C UNCIL MEMBER VDATE ATTEST: //,=-�(PK1Mq NI. 11 1J, �Qirivii„t* (SEALH A-, 4 nW CITY CLERK ��4,�q *� �� ' MAYOR 4+ SHiNG� w October 15, 2024—Yakima City Council Meeting Minutes Page 9 of 9