HomeMy WebLinkAbout06/21/2016 Business Meeting/Executive Session 423
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YAKIMA CITY COUNCIL
June 21, 2016
City Hall -- Council Chambers
5 -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
Roll Call: MayorAvina Gutierrez, presiding, Assistant Mayor Holly Cousens, Council
Members Maureen Adkison, Kathy Coffey, Dulce Gutierrez, Bill Lover and Carmen
Mendez
MOTION: Cousens moved and D. Gutierrez seconded to adjourn to Executive
Session for up to one hour to discuss pending litigation. The motion carried by
unanimous vote.
Executive Session was held and adjourned at 5:57 p.m.
BUSINESS MEETING
1. Roll Call
Council: MayorAvina Gutierrez, presiding, Assistant Mayor Holly Cousens, Council
Members Maureen Adkison, Kathy Coffey, Dulce Gutierrez, Bill Lover and Carmen
Mendez
Staff: Interim City Manager Cutter, Acting City Attorney Kunkler and City Clerk Claar Tee
2. Pledge of Allegiance
Mayor Gutierrez led the Pledge of Allegiance.
3. Interpreter Services
Mayor Gutierrez announced interpreter services are available.
4. Open Discussions for the Good of the Order
A. Presentations / Recognitions / Introductions
i. Recognition of Jim Bumgarner and Dusty Miley for 20 Years Service
Dave Brown, Water and Irrigation Manager, recognized Jim Bumgarner and Dusty Miley for
20 years of service to the City of Yakima. Mayor Gutierrez presented them with certificates
of service.
ii. YCDA mid -year report (5 minute presentation)
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Jonathan Smith, President, Yakima County Development Association, gave a PowerPoint
presentation on Yakima County Development Associations mid -year report.
B. Appointments to Boards, Commissions and Council Committees
Council Nominating Committee recommendations for appointment
Council Member Lover reported the Council Nominating Committee met and has
recommendations for appointments to the Boards and Commissions. However, the
Committee is bringing forward two names, Shannon Bird and Tom Trepanier, for one
vacancy on the Planning Commission for consideration. He stated there could be a
perception of a conflict of interest for Assistant Mayor Cousens to vote on this issue since
she works for Mr. Trepanier.
Assistant Mayor Cousens stated she can be fair and impartial and does not believe she
needs to recuse herself. Acting City Attorney Kunkler stated he does not see a conflict of
interest because there is no monetary issue involved. Mayor Gutierrez noted the
Committee voted 2 -1 in favor of appointing Mr. Trepanier.
MOTION: Lover moved and Mendez seconded to appoint Shannon Bird to the
Planning Commission. The motion failed by a 5 -2 vote with Lover and Adkison voting
yes.
MOTION: A. Gutierrez moved and D. Gutierrez seconded to appoint the
Nominating Committee recommendations as presented. The motion carried by
unanimous vote.
5. Council Reports
A. Discussion of recommendation fora ointment of a City Council member to the
appointment Y
AWC Legislative Priorities Committee
MOTION: Coffey moved and Lover seconded to appoint Council Member Adkison
to the Association of Washington Cities Legislative Committee. The motion carried
by unanimous vote.
B. Report by Council members who traveled to Morelia as part of the Sister City
delegation
Noe Gutierrez, Toni Wilson, Margaret Luera and Charlie Robin introduced themselves as
members of the Yakima - Morelia Sister City Association. They stated it was an honor to be
part of the delegation that recently traveled to Morelia, Mexico along with Mayor Gutierrez
and Council Members Mendez and Gutierrez. Mayor Gutierrez stated it was a very
informative trip with productive meetings. Council Member Gutierrez believes they have
created partnerships for future economic development.
C. Council Nominating Committee minutes of June 9, 2016
MOTION: Adkison moved and Coffey seconded to approve the minutes. The
motion carried by unanimous vote.
6. Consent Agenda
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Mayor Gutierrez referred to the items placed on the Consent Agenda, questioning whether
there were any additions or deletions from Council members or citizens
present. MOTION: Cousens moved and Coffey seconded to add items 10 (now6J),
12 (now 6K), 13 (now 6L) and 14 (now 6M) to the consent agenda. The motion
carried by unanimous vote.
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.
A. Approve payment of disbursements for the period May 1 - 31, 2016
B. Project Completion and Contract Acceptance for Columbia Asphalt & Gravel,
Inc. - Project AT2357 Yakima Safety Corridor Nob Hill Blvd - 1st Street
C. Set date of July 5, 2016 for a public hearing to consider the Hearing Examiner's
Recommendation regarding an application submitted by Catalyss LLC for a
Master Planned Development in the vicinity of 4200 Castlevale Road
D. Resolution authorizing a contract with ERI International, Inc. to develop a
schedule of Recovery Support Functions and a Rapid Needs and Damage
Assessment for the City's Emergency Management Program
RESOLUTION NO. R- 2016 -074, A RESOLUTION entering into a service agreement with
ERI International, Inc. to provide services under this Agreement for Emergency
Management Support in updating the City's Comprehensive Emergency Management Plan
(CEMP).
E. Resolution authorizing approval of sole source designation for Faro 3D Crime
Scene Scanner
RESOLUTION NO. R- 2016 -075, A RESOLUTION authorizing the sole source and
purchase of a Faro Focus 120, 3D Scanner, crime scene mapping system.
• F. Resolution authorizing an Interlocal Agreement for STOP Formula Grant
Program funding between the Yakima Police Department and the Yakima
County Sheriff's Office
RESOLUTION NO. R- 2016 -076, A RESOLUTION authorizing the Chief of Police of the
City of Yakima to execute an Interlocal Agreement for STOP Formula Grant Program
funding between the Yakima Police Department and the Yakima County Sheriff's Office.
G. Resolution ratifying the declaration of an emergency and authorizing the City
Manager to execute all applicable contracts for the labor and materials for
repairing the Wastewater Treatment Plant Alfa Laval Centrifuge
RESOLUTION NO. R- 2016 -077, A RESOLUTION ratifying the declaration by the City
Manager of an emergency and authorizing the City Manager to execute all applicable
contracts for the labor and materials for repairing the Wastewater Treatment Plant Alfa
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Laval Centrifuge.
H. Ordinance updating Classification and Compensation Plan for City Employees
Section 2.20.100
ORDINANCE NO. 2016-006, AN ORDINANCE relating to City personnel; adopting a
classification and compensation plan for City employees to be effective July 24, 2016;
and repealing all preceding pay ordinances in the City of Yakima Municipal Code.
Ordinance amending the Municipal Code, repealing certain sections of
Trespass Crimes, Chapter 6.47, for the purpose of adopting the equivalent
and /or similar Revised Code of Washington statutes
ORDINANCE NO. 2016 -007, AN ORDINANCE relating to Public Safety and Morals;
amending the City of Yakima Municipal Code, repealing certain sections of Trespass
Crimes, Chapter 6.47, for the purpose of adopting the equivalent and /or similar Revised
Code of Washington statutes: Criminal Trespass in the First Degree and Criminal
Trespass in the Second Degree.
J. 2015 Yakima Police Department Annual Report
K. Resolution authorizing an Agreement with the Yakima Valley Community
Foundation to accept funds to pay for the implementation of a Community
Diversion Program
RESOLUTION NO. R- 2016 -078, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute an Agreement with the Yakima Valley Community
Foundation to accept funds to pay for the implementation of a Community Diversion
Program.
L. Resolution authorizing a Facilities Rental Agreement with the Seasons Music
Festival for the use of the Seasons Performance Hall to host the City of Yakima
Community Diversion Program from July 2016 through December 2017
RESOLUTION NO. R- 2016 -079, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute a Facilities Rental Agreement between the City
of Yakima and the Seasons Music Festival for the use of the Seasons Performance Hall to
host the City of Yakima Community Diversion Program from July 2016 through December
2017.
M. Resolution authorizing a Professional Services Agreement with People for
People to perform assessment and case management services from July 2016
through December 2017 for City of Yakima Community Diversion Program
RESOLUTION NO. R- 2016 -080, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute a Professional Services Agreement with People
for People to perform assessment and case management services from July 2016
through December 2017 for City of Yakima Community Diversion Program.
7. Audience Participation
Tony Sandoval, City resident, spoke in support of the Mayor.
PUBLIC HEARINGS
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8. Public Hearing and resolution authorizing an Interlocal Agreement with Yakima County
regarding the 2016 JAG Grant
Chief Rizzi briefed Council on the grant.
Mayor Gutierrez opened the public hearing and, with no one coming forward to speak,`
closed the hearing.
The City Clerk read the resolution by title only.
RESOLUTION NO. R- 2016 -081, A RESOLUTION ratifying an application for a grant in the
total amount of $63,434 from the United States Department of Justice, Bureau of Justice
Administration, Edward Byrne Memorial Justice Assistance Grant Program, and
designating and authorizing the City Manager to act as the official representative of the City
of Yakima and to take such additional steps, including but not limited to execution of all
documents and contracts necessary to complete said grant transaction.
MOTION: Cousens moved and Coffey seconded to adopt the resolution. The
motion carried by unanimous vote.
9. Public Hearing to consider resolutions: A) Adoption of the Six -Year Transportation
Improvement Program for the years 2017 to 2022, and to amend the Metropolitan
Transportation Plan; and B) Amend the Yakima Urban Area Comprehensive Plan Capital
Facilities Element
Brett Sheffield, Chief Engineer, briefed Council on the item.
Mayor Gutierrez opened the public hearing and, with no one coming forward to speak,
closed the hearing.
The City Clerk read the resolutions by title only.
RESOLUTION NO. R- 2016 -082, A RESOLUTION adopting the Six -Year Transportation
Improvement Program for the period of 2017 through 2022 for the construction of streets
and arterials streets in the City of Yakima and amending the Metropolitan Transportation
Plan.
RESOLUTION NO. R- 2016 -083, A RESOLUTION to amend the Yakima Urban Area
Comprehensive Plan Capital Facilities Element to incorporate the Six -year Transportation
Improvement Program (TIP) for the period of 2017 through 2022.
MOTION: Lover moved and Adkison seconded to adopt the resolutions. The
motion carried by unanimous vote.
CITY MANAGER REPORTS
10. Discussion on the use of $100,000 donation to the City of Yakima pursuant to the
settlement agreement in Montes, et al. v. City of Yakima, et al.
Helen Harvey, Senior Assistant City Attorney, reported she spoke with La Rond Baker, an
attorney with the ACLU, and will contact her tomorrow on what the Council's thoughts are
on this issue.
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Council Member D. Gutierrez stated she is impressed with high school internship
programs around the state and the nation and feels this would be a great resource for
youth to have a paid internship. She believes the City could partner with the Yakima School
District to work on a program for the under - served students. Mayor Gutierrez agreed and
understands the details could be worked out.
After further Council discussion,
MOTION: D. Gutierrez moved and Coffey seconded that staff create and submit
formal request for partnership to the Yakima School District on a high school
student internship program. The motion carried by a 6 -1 vote, Lover voting no.
ORDINANCES
11. Ordinance relating to Public Safety, repealing Chapter 6.18 entitled "Pit BuII Dogs," of the
City of Yakima Municipal Code
Council Member Mendez stated the City of Yakima has a strong breed specific ordinance
banning pit bull dogs from the City. She has grown up around these dogs and is very
passionate about them. She would like Council to consider this as an opportunity to
readdress this ordinance. Mayor Gutierrez and Council Member Coffey agreed with Ms.
Mendez. Council Members Adkison and Lover spoke against lifting the ban. Council
Member D. Gutierrez is concerned about the level of stray animals the City already has
and believes if the ban is lifted there will be a surge in pit bulls. She is very concerned
about students walking to and from school and the elderly walking in the neighborhoods.
Assistant Mayor Cousens agreed with Council Member Gutierrez's comments.
MOTION: Mendez moved and Coffey seconded to send the ordinance relating to
the pit bull ban to the Council Public Safety Committee for a recommendation on
whether to move this issue forward. The motion failed by a 4 -3 vote with Adkison,
Cousens, D. Gutierrez and Lover voting no.
The following community members spoke in support of keeping the ban: Larry Adams,
City resident; Dave Ettl, City resident; Aura McHenry, City resident; Jim Scoggins, City
resident; and, Paul Diamond, City resident.
The following community members spoke in favor of repealing the ban: Candie Turner,
City resident; Robert Smith, City resident; Nayeli Sanchez, Union Gap resident; Melinda
Greenwood, City resident; Katherine Inserra, City resident; Becky Pacua, City resident;
Lesley Waters, non - resident; Cassy Frayle, City resident; Kelly Murray, City resident; Carry
Dennis, City resident; Maxine Carter, City resident; Elicia Cross, City resident; Brooke
Barnes, City resident; Julie Buse, City resident; and, Nela Sheppard, City resident.
Mayor Gutierrez expressed her disappointment over the vote. Council Member Coffey
asked if the City does DNA testing on dogs removed from homes based on the belief they
are pit bulls. Codes Manager Caruso stated he did not have that information available but
believes there have been five or six and the testing is approximately $30 -$40. He stated
one of the Animal Control Officers has been deemed an expert on identifying pit bulls by
Municipal Court based on his experience and training. Council Member Mendez stated as
a member of the Council Public Safety Committee she intends to bring this up for
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discussion at a Committee meeting.
12. Other Business
MOTION: A. Gutierrez moved and Coffey seconded to have the July 5, 2016,
Council Business meeting at the Convention Center. The motion carried by a 6 -1
vote, Lover voting no.
13. Adjournment
MOTION: Coffey moved and A. Gutierrez seconded to adjourn to a Council Study
Session on June 28, 2016, at 9 a.m. at the Convention Center. The motion carried by
unanimous vote. The meeting adjourned at 9:01 p.m.
CERTIFICATION
READ AND CERTIFIED ACCURATE BY
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