HomeMy WebLinkAboutR-2004-043 International Association of Firefighters (IAFF) Local 469 Letter of Understanding (re: S. 72nd Avenue Annexation)Item B
RESOLUTION NO. R-2004-43
A RESOLUTION authorizing and directing the City Manager to execute a Letter of Understanding
between the City of Yakima and the International Association of Firefighters Local
469 regarding fire protection servicesin the South 72nd Avenue annexation area.
WHEREAS, the International Association of Firefighters Local 469 ("IAFF") is the exclusive
bargaining representative for Fire Department employees in the LEOFF and PERS classifications, 9-1-1
Call takers, Public Safety Dispatchers, and Lead Public Safety Dispatchers with exceptions for the Fire
Chief, Deputy Fire Chiefs, Battalion Chiefs, Alarm Supervisor, Administrative Assistant, Public Safety
Communications Division Manage, and Public Safety Communications Supervisor.
WHEREAS, on March 19, 2003, IAFF filed an Unfair Labor Practice complaint with the Public
Employment Relations Commission regarding the City's contract with West Valley Fire District No. 12 for
fire protection services in the South 72nd Avenue annexation area; and
WHEREAS, on February 24, 2004, the Unfair Labor Practices complaint was deferred to
arbitration by the Public Employment Relations Commission; and
WHEREAS, IAFF has expressed a willingness to settle the issues of fire protection services in the
South 72nd Avenue annexation area and withdraw its Unfair Labor Practices complaint in accordance with
the terms and conditions of the attached Letter of Understanding; and
WHEREAS, the City Council has determined that it is in the best interest of the City of Yakima to
resolve the issues of fire protection services in the South 72nd Avenue annexation area in accordance with
the terms and conditions of the attached Letter of Understanding, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and incorporated
"Letter of Understanding" with the International Association of Firefighters Local 469.
ADOPTED BY THE CITY COUNCIL this 16th day of March , 2004.
ATTEST:
City Clerk
(3„eq
Paul P. George, Mayor
LETTER OF UNDERSTANDING
THIS LETTER OF UNDERSTANDING is made by and between the
International Association of Firefighters (IAFF) Local 469 and the City of Yakima,
Washington, and is intended to address issues regarding the South 72"1 Avenue
annexation.
WHEREAS, the Collective Bargaining Agreements by and between the City of
Yakima and Local 469 state that Local 469 is the exclusive bargaining representative for
the following City employees: all Fire Department employees in LEOFF classifications,
all regular Fire Department employees in the PERS classifications, 9-1-1 Calitakers,
Public Safety Dispatchers, and Lead Public Safety Dispatchers with exceptions for
temporary employees, the Fire Chief, Deputy Fire Chiefs, Battalion Chiefs, Alarm
Supervisor, Administrative Assistant, Public Safety Communications Division Manager,
and the Public Safety Communications Supervisor. (Article 1.1 of LEOFF CBA; Article
1.1 of PERS CBA; and Article 1.1 of Dispatcher CBA.)
WHEREAS, the IAFF Local 469 ("Union" herein) has been and shall continue to
be in the future the exclusive bargaining representative of the firefighters who provide
fire protection services and other related fire department services within the City of
Yakima.
WHEREAS, the City of Yakima ("City" herein) is a Charter City of the first
class of the State of Washington and is the employer of all members of the Yakima Fire
Department ("YFD" herein).
WHEREAS, the Union currently has an Unfair Labor Practice pending against
the City with the Washington State Public Employment Relations Commission (PERC
Case No. 17337-U-03-4474) in regards to issues that are related to the South 72nd Avenue
annexation.
WHEREAS, the Union claims and the City denies that the City violated RCW
41.56 by contracting out the Union's bargaining unit work in the annexed area to Yakima
County (West Valley) Fire District No. 12.
WHEREAS, it is understood and agreed that this Letter of Understanding is the
compromise of a disputed claim, and that the terms and conditions herein are not to be
construed as an admission of liability on the part of the City.
WHEREAS, the City proposed full-time fire service protection via a three-person
fire crew in the existing West Valley Sta. 1 to the citizens of the South 72n1 Avenue
annexation area.
WHEREAS, it is the current stated policy of the Yakima City Council to annex
the Urban Area surrounding the City of Yakima.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is voluntarily agreed by and between the City and the
Union, as follows:
1. The City will, by April 1, 2004, assign all of the Union's bargaining unit work in
the South 72nd Avenue annexation area to appropriate members of the Union,
including new hires.
2. In the future, the City hereby agrees that the City shall not contract out any fire
service work or other bargaining unit work of any member of the Union without
first fulfilling all of the City's legally required collective bargaining obligations
towards the Union.
3. As part of the City's agreement to assign Union work to the members of the
Union as described above, the City shall place in-service an additional three-
person minimum engine company by April 1, 2004, in order to assist with
handling fire protection work in the South 7211d Avenue annexation area. The City
shall utilize a minimum of two off-duty personnel to back fill until ample newly
hired firefighters are released to work in the operations division.
4. The City shall promote two bargaining unit members to lieutenant by April 1,
2004.
5. Subject to agreement by Yakima County Fire District No. 12, the City shall
establish a station in West Valley Sta. 1 where the additional crew will respond
starting April 1, 2004.
6. The City and the Union agree to cooperatively formulate a plan on staffmg sta. 91
with an additional person within one hundred and eighty days from the date of
this Letter of Understanding. Adding an additional person to Sta. 91's minimum
staffmg would establish two three-person minimum companies (increasing
minimum staffmg to 20 per platoon). Such an additional person would allow
there to be three three-person crews in the downtown stations (Sta. 91 and Sta.
95), which may help offset some of the workload created when West Side stations
93, 94, and 92 respond to alarms. Nothing herein abridges the right of the
Yakima City Council to make ultimate staffmg decisions.
7. Subject to agreement by Yakima County Fire District No. 12, the Union shall co -
locate with Fire District No. 12 at West Valley Sta. 1 and may respond to
emergency incidents outside the City's jurisdiction in Sta. 92's pre-existing
response area contingent upon the terms of the contract between the City of
Yakima and the West Valley Fire District.
8. The City and the Union agree to discuss durin,g the 2004-2006 CBA Negotiations
the number of people hired for the South 72" Avenue Annexation and how that
will affect time off. (See LEOFF CBA Article 22.5(a)).
9. The Union shall, by April 15, 2004, withdraw its Unfair Labor Practice complaint
(PERC Case No. 17337-U-03-4474) against the City.
Both parties hereby agree to abide by the terms and conditions set forth in this agreement.
This Letter ; Understanding is executed by the parties this J 7 day of /jig , 2004.
Ron
Pres
Jo
gent
Local 469
Thomas ; . Schneider
Secret. Treasurer
IAFF Local 469
ATTEST:
/4c -ring City Clerk li ,[%Z ,e )
City Contract o 0200,/-0 7
Dick Zais
City Manager
City of Yakima
Dennis K. Mayo
Fire Chief
City of Yakima
7rnia<ff)--
Resolution No.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of March 16, 2004
ITEM 'I'I1'LE: Consideration of Legislation regarding the South 72nd Avenue
Annexation Fire Service Delivery by:
A. Consideration of the recommended "Staffing Plan" report that
adds an engine company and (9) new full-time positions; and
B. A resolution executing a Letter of Understanding between the City
of Yakima and the International Association of Firefighters Local
469; and
C. An ordinance amending the 2004 budget for the Fire/EMS
Department.
SUBMIT"TED BY: Richard A. Zais, City Manager,
Dennis Mayo, Fire Chief
CONTACT PERSON/TELEPHONE: Dennis Mayo, Fire Chief - 575-6060
Steve Scott, Deputy Fire Chief - 575-6060
SUMMARY EXPLANATION:
City Management and the Fire Department recommend extending full-time Fire
Protection Service to the annexed areas. The Fire Department requests to add an
engine company, (12) personnel, to provide Fire/EMS service to the South 72nd
Avenue Annexation and the western section of the City. This is based on our duty to
serve this area with a standard of protection that is consistent throughout the City and
as outlined by the Staffing Plan report. (Item A) (Continued)
Resolution X Ordinance X Contract Other (Specify) Staffing Report
Funding Source General Fund/EMS Fund Property Taxes
APPROVED FOR SUBMITTAL:
ity Manager
STAFF RECOMMENDATION: A) Accept the recommended Staffing Plan report,
increasing Fire Department staffing by (9) positions;
B) Adopt a resolution for executing a Letter of Understanding between the City of
Yakima and the International Association of Firefighters Local 469; and
C) Read Ordinance by title only at the March 16, 2004 meeting; pass Ordinance after
second reading at the April 13, 2004 meeting.
BOARD/COM 1SSION RECOMMENDATION: Council Public Safety Committee
reviewed and endorsed these actions at their March 2, 2004 meeting.
COUNCIL ACTION:
(B)
(C)
(A) APPROVED_
Resolution adopted. REOLUTION NO. R-2004-43
First reading of ordinance; second reading scheduled 4-13-04
Fire Department Agenda -cont.
The addition of an engine company would be accomplished by utilizing (3) three
currently' authorized but unfilled positions and increasing stifling by (9) nine newly
authorized positions. The proposal contemplates the termination of the current
contract with West Valley Fire District #12 effective April 1, 2004 (see Attachment 1).
Costs and budget related to extending full-time fire protection service to the annexed
area and western area of the city are itemized and the revenue sources exist and are
identified. In summary, the balance of the budget for the contract with West Valley
Fire District #12 will be reallocated to salary/other operating expenses in both the
General and EMS Funds; capital contributions from the EMS fund will be reallocated
6Lsalary expense, and a balanced appropriation is
being proposed Yit LLL1would
increase
the budgeted amount of Property tax to match updated collection estimates
for the actual 2004 levies in both the General Fund and EMS Funds to cover any
additional cost above the current budget. No General Fund or EMS Fund reserves
are proposed to be used in 2004.
The International Association of Firefighters Local #469 filed an Unfair Labor Practice
complaint with the Public Employment Relations Commission regarding the City's
contract with West Valley Fire District No. 12 for fire protection services Ln the South
72nd Avenue Annexation area. Local 469 has expressed a willingness to settle the
issues and withdraw its Unfair Labor Practice complaint in accordance with the Letter
of Understanding. (Item B)
At the March 2, 2004 meeting, the Yakima City Council Public Safety Committee,
comprised of Councilpersons Bernard Sims, Mary Place and Susan Whitman,
reviewed and endorsed the "Staffing Plan", "Budget Proposal', and the "Letter of
Understanding.
Staff is requesting that the City Council accept the report and authorize the City
Manager to implement the recommended "Staffing Plan", creating (9) nine new
positions — (1) one Captain, (2) two Lieutenants (6) six Firefighters; and filling (3) three
current vacancies. By accepting the report and the budget presented, the 12 positions
will exist necessary to extend full-time Fire Protection service to the South 72nd Avenue
Annexation and the western section of the City. (Item A)
It is also requested that Council direct the City Manager to execute the Letter of
Understanding between the IAFF Local #469 and the City of Yakima regarding fire
protection services in the Smith 72nd Avenue annexation area and elimination of the
Unfair Labor Practice (PERC Case # 17337-U-03-4474). (Item B)
Council is also requested to approve the attached Appropriation Ordinance increasing
the 2004 budget, funded by an increased estimate of property taxes for the Fire
Department with the understanding that tis endeavor is financially feasible within
current budgetary revenues. (Item C)
Administration
Fire Suppression
Fire Investigation
& Education
Training
Communications
401 North Front Street, Yakima, WA 98901 (509) 575-6060
TO: Honorable Mayor and City Council
FROM: Dennis Mayo, Fire Chief
SUBJECT: South 72nd Avenue Annexation Fire Protection Overview
DATE: March 16, 2004
The January 29, 2004 Washington State Supreme Court opinion issued regarding the
South 40th Annexation removed the uncertainty that existed of who had jurisdictional
authority of providing fire service to the South 72nd Avenue Annexation. Based on the
Supreme Court opinion, a notice of termination of the South 72' Avenue Annexation
contract with West Valley Fire Department has been issued. The termination of the
contract will become effective April 1, 2004 (attachment 1).
Our contract with West Valley Fire Department has been an effective, professional and
cooperative effort at all levels from the Yakima City Council and West Valley Fire
District Commissioners to the firefighters from both agencies responding to the
emergency needs of the citizens. Our relationship has been a model of collaboration in
public service not to be diminished within the differences in the legal arena.
The City of Yakima now has clear responsibility to provide fire protection to the South
72nd Avenue Annexation. Provision of service by the Yakima Fire Department to the
South 72" Avenue Annexation is consistent with a fundamental duty to serve the area
and coincides with other services the City has been providing to South 72" Avenue
Annexation; police, transit and public works.
Local 469 of the IAFF (International Association of Fire Fighters) has filed an Unfair
Labor Practice with the Public Employees Rights Commission. Local 469 is asserting
our current contract with West Valley Fire Department is a violation of employee rights
and a refusal to bargain in good faith by subcontracting fire protection services with the
West Valley Fire Department without providing an opportunity for bargaining. City
administration and Local 469 have negotiated a resolution that will remove the Unfair
Labor Practice complaint. Attached is item B, which is a draft of the Letter of
Understanding that removes the Unfair Labor Practice.
A division of assets from a fire protection district to a city occurs when the area annexed
will impose a significant increase in the fire suppression responsibilities of the city with a
corresponding reduction in fire suppression of the fire protection district.
In the City of Yakima's contract termination letter to West Valley Fire Department, the
City included a request to restart negotiation for division of assets. In response to the
South 72nd Avenue Annexation a division of assets negotiation began in 2001 with the
West Valley Fire Department and the City of Yakima. The division of asset negotiations
was abruptly stopped when the Supreme Court issued their 2002 opinion that questioned
the method of annexation that was utilized. Our goal is to provide the best fire service
protection possible by working cooperatively with the West Valley Fire Department.
Fire Protection Service to the South 72nd Avenue Annexation will dramatically improve
protection of life and property not only to the annexed area but greatly improve the
ability of the Yakima Fire Department to serve the entire city.
Item A
Staffing Plan of the S. 72nd Ave Annexation Area
On March 2nd the Public Safety Committee was presented for their review, the financial
package and service delivery plan to provide fire protection to the area beginning April
1st. After review of staff recommendations the Public Safety Committee has approved
the following staffing plan and will make a proposal to Council at the March 16th City
Council meeting regarding level of service to be provided to the South 72nd Avenue
Annexation.
Staff recommendation is to place in-service an apparatus (Reserve Fire Engine) at our
40th and Englewood Station to serve the South 72nd Avenue Annexation on April 1St
Three personnel would be assigned to the engine company each day. It has been our
experience that 24 hour staffing that travels from the Englewood Station to the South 72nd
Annexation areas provides an overall faster response time to emergencies than the current
volunteer response from West Valley Fire Department. It is our goal that responding
from the Englewood Station would be an interim solution until a division of assets is
determined from the South 72nd Annexation or a co -location agreement is reached with
West Valley Fire.
Public safety of the citizens in the area of the South 72nd Avenue Annexation is best
served by both agencies working together once again. A joint co -location or interagency
sharing of the 77th and Tieton Station is fundamental to prompt definitive service to the
area.
Labor and management units have meet with West Valley Fire management and
volunteers to discuss the possible co -location of both agencies in the 77th and Tieton Fire
Station. Discussions have been positive and staff is optimistic that the 77th and Tieton
Fire Station can become an interagency facility. Discussions have centered on immediate
interagency occupation of the station while the division of assets are negotiated. It
continues to be the goal of the City of Yakima and West Valley Fire Department to work
together to provide seamless coverage as we work through the final process of fire
protection in the South 72nd Avenue Annexation.
When a new firefighter joins the Yakima Fire Department, it requires six weeks of
training to prepare and certify them for emergency duty. Due to safety and span of
control it is not recommended to train more than six new firefighters during each six-
week training period.
To efficiently staff a fire station that houses a responding fire engine takes a total of
twelve firefighters. Increasing the number of personnel to staff an additional engine
company for the annexation takes time and flexible allocation of resources. Our staffing
plan is a staggered level of adding personnel to provide service to the area that minimizes
overtime during the time it takes to train new firefighters to certify for duty.
To have sufficient personnel to staff the new apparatus without the incurrence of
excessive overtime, staff proposes hiring six new firefighters on April 1st and an
additional six firefighters to be hired on June 1St. Three of the twelve personnel we
propose hiring are currently budgeted positions. Reinstatement of these three vacant
positions would provide us additional personnel that would reduce overtime impact.
Unbudgeted staffing to serve the South 72nd Annexation staffing would be a net increase
of nine additional full time employees.
Our staffing plan begins with an Engine Company (Engine 92) placed in-service on April
1St at the 40th and Englewood Station. Overtime money will fund the staffing of Engine
92 until six firefighters hired on April 1St are certified for emergency duty (May 15th)
Overtime will be further reduced after the remaining six firefighters that are hired on June
1st become certified for duty on July 15th
Staffing of Engine 92 at the Englewood Station would continue until a facility is
available in the South 72nd Avenue Annexation or an agreement is made to have
interagency co -location of the 77th and Tieton Fire Station.
Funding for staffing and resources necessary to deliver service to provide South 72nd
Avenue Fire Protection is provided from a variety of sources. The revenue flow for fire
protection includes: Emergency Medical Services property tax, general fund property
tax, general fund utility taxes, sales tax and other resources.
On the following pages are the Budget Plan that details the revenue and expenditures of
the South 72nd Avenue Annexation Staffing Plan.
South 72nd Avenue Annexation Budget
EXPENSES
OPERATIONS
PERSONNEL (Salary and Benefits)
1 New Captain Position
2 New Lieutenant Positions
6 New Firefighter Positions
3 for 9 months of year
6 for 7 months of year
3 Existing Firefighter Positions (Vacant)
TOTALS
OVERTIME
3 -Person Crew on E-92 Apr. 1 to May 15 $71,440
1 -Person from May 15 to July 15 $52,440
Instructor and Backfill for Academy $20,000
TOTAL OVERTIME $143,880
TOTAL PERSONNEL EXPENSES
RATE
$91,000
$81,000
$60,000
$60,000
$60,000
$60,000
1ST YEAR
FACTOR
0.75
0.75
0.75
0.58
0.75
Contract with WV Jan.1 to March 31 $405,730 0.25
Other Hiring/Operating Expenses (1)
Station Operating Expenses (2)
TOTAL EXPENSES
APRIL'04
$68,250
$121,500
$135,000
$208,800
$135,000
$668,550
$143,880
$812,430
$101,433
$20,000
$933,863
(1) Includes Physicals, Psychological exams, and Background Checks.
(2) Reflects cost of operating 24 hour full-time coverage facility. Not anticipated until 2005.
Annualized
2005
$91,000
$162,000
$360,000
$180,000
$793,000
$36,000
$829,000
$40,000
$869,000
RESOURCES
General Fund -Property Tax (1)
General Fund -Utility Taxes, Sales Tax, Other Resources (2)
EMS Fund -Property Tax (3)
TOTAL RESOURCES
$595,000
$240,000
$116,000
$951,000
$595,000
$180,000
$120,000
$895,000
REVENUE FLOW
(1) General Fund Property Tax from the So 72nd/Congdon Annexation that is available for Fire Service.
Annexation Property Tax Increase $1,000,000
Less: Library -$130,000
Streets -$200,000
Parks -$75,000
Net Available for Fire $595,000
(2) Represents a portion of resources other than property tax (i.e. utility taxes, sales tax, and other resources)
generated from the annexation area which were allocated for Fire Department use. This would include (3)
three Firefighter positions already in the 2004 budget, but currently unfilled.
(3) 2004 represents the amount of EMS property taxes available for servicing the annexation areas. The
annualized budget represents 2 firefighter positions allocated to the EMS fund.
Fire Department 3/11/2004
South 72nd Avenue Annexation Budget
The attached budget breakdown reflects the budgetary needs to provide for the addition
of an engine company, beginning April 1, 2004 to provide Fire and EMS protection to the
western portion of the City of Yakima.
EXPENSES
Personnel: (Factored for partial year 2004 and Annualized for 2005)
• Hire 12 new personnel (9 newly authorized positions).
• Create 1 new Fire Captain, 2 new Fire Lieutenant promotional positions.
• Add 6 new Firefighter positions.
• Fill 3 currently budgeted (but vacant) Firefighter positions.
• Hire 6 Firefighters on April 1, 2004 and 6 Firefighters on June 1, 2004.
• Two recruit academies, (April 1 to May 15) and (June 1 to July 15).
• Salary assumptions are based on 2003 rates, and will be subject to change subject
to labor negotiations with IAFF local 469.
Overtime: (Staffmg the engine until the new personnel are trained and training costs)
• Personnel to staff engine from April 1 to July 15.
• Instructor and Backfill for the two recruit academies.
• Overtime spike due to transition coverage of engine company.
Year to Date Cost: (Contract with West Valley Fire District)
• $101,433 through March 31.
Station Operating Expenses:
• Estimated for anticipated facility for 2005. Negotiations in process for transfer of
assets.
RESOURCES
• Appropriations derived from existing revenue flow, WV contract budget, and
Capital.
• EMS Fund Property Tax to be dedicated to 2 Firefighter positions.
Budget Amendments Necessary for 2004:
• Transfer 75% (April through December) of the contract with West Valley Fire
District 12 from professional services to salary/overtime accounts --$266,000 in
General Fund, $40,200 in EMS Fund.
• Transfer $50,000 from the capital contribution account in EMS Fund to
salary/overtime accounts --anticipated to be recovered from the future distribution
of assets negotiated with the Fire District.
• Pass an appropriation ordinance which increases budgeted property tax revenue to
updated estimates of levy collection amounts, and completes the additional
expenditure budgets in salary and other operating accounts --$158,000 in General
Fund, $13,000 in EMS Fund.
• Other costs are already included in the 2004 budget (i.e. 3 firefighter positions, 3
top step firefighters that will be promoted to Captain/Lieutenants.)
Item C
ORDINANCE NO. 2004
AN ORDINANCE amending the 2004 budget for the City of Yakima; and making
appropriations within the General and Emergency Medical
Services (EMS) Funds for expenditure during 2004 to provide
full-time Fire protection service to the South 72nd Avenue
annexation area.
WHEREAS, the General and EMS funds contain Unappropriated Fund Balances
available for appropriation and expenditures during 2004 in various amounts as detailed in
the attached Schedule I to provide full-time Fire protection service to the South 72nd
Avenue annexation area, and
WHEREAS, at the time of the adoption of the 2004 budget it could not
reasonably have been foreseen that the appropriation provided for by this ordinance would
be required; and the City Council declares that an emergency exists of the type
contemplated by RCW 35.33.091 and that it is in the best interests of the City to make the
appropriation herein provided, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Appropriations are hereby made, for expenditure during 2004, from
Unappropriated Fund Balances in the various Funds to the various accounts and in the
various amounts, to provide full-time Fire protection service to the South 7211d Avenue
annexation area, all as specified in the Schedule attached hereto and incorporated herein.
Section 2. This ordinance is one making an appropriation and shall take effect
immediately upon its passage, approval and publication as provided by law and by the City
Charter.
PASSED BY THE CITY COUNCIL, signed and approved this _ day of
2004.
ATTEST:
CITY CLERK
First Reading: 3-16-2004
Publication Date:
Effective Date:
Cepperson 3/10/2004
PAUL P. GEORGE, MAYOR
AP P ROP .ORDINANCE PAGE "1
SCHEDULE I
General Fund - Fire Department
RESOURCES:
Property Tax
000-000-699-0000-31110-G16
$158,000.00
TOTAL RESOURCES $158,000.00
APPROPRIATIONS:
Salaries -Permanent
000-032-122-0000-52220-111
TOTAL APPROPPe .EX T i4,J1 S
Emergency Services
RESOURCES:
Emergency Services
150 -150 -699 -0000 -33825 -EMS
$158,000.00
$158000.00
$13,000.00
TOTAL RESOURCES $13,000.00
APPROPRIATIONS:
Salaries -Pei n tanent
150-150-122-0000-52220-111
$13,000.00
TOTAL APPROPRIATIONS $13,000.00
erp 3/11/2004 11.15 AM appropriation mise
OFFICE OF THE CITY MANAGER
129 North Second Street
CITY HALL, Yakima, Washington 98901
Phone (509) 575-6040
February 26, 2004
Mr. Jerry Craig, Chair
Board of Fire Commissioners
Yakima County Fire District #12
7707 Tieton Drive
Yakima, WA 98908
Attachment 1
Hand Delivered
Mailed Certified
Return Receipt Requested
Re: Notice of Termination of Agreement for Continuation of Fire Services, and
Request to Restart Asset Transfer Negotiations
Dear Mr. Craig:
On behalf of the City of Yakima, I want to acknowledge and thank Fire Protection
District #12 for the high degree of cooperation demonstrated while the legal status of
the South 40th Avenue and South 72nd Avenue Annexations were respectively pending
before the Washington State Supreme Court and the Division III Court of Appeals. The
willingness of Fire District #12 to serve, through the Agreements for Continuation of Fire
Services, the South 72nd Avenue Annexation area during this difficult time is particularly
commendable and appreciated.
While the South 72nd Avenue Annexation was not directly before the Supreme Court in
Grant County Fire District No. 5 v. Moses Lake, the decision of the Court effectively
removes any cloud of uncertainty and validates the legality of the annexation of that
area to the City of Yakima. As such, it is appropriate to revisit whether to continue this
contractual arrangement between the parties beyond March 31, 2004.
At this point, the City of Yakima Fire Department desires to provide full fire suppression
and emergency services to the South 72nd Avenue Annexation area. Accordingly, the
City hereby notifies Fire Protection District #12 that it is terminating the "Agreement for
Continuation of Fire Services" that was executed by the parties on or about December
9, 2003. The termination shall be effective as of midnight, March 31, 2004. The City
Fire Department shall begin its full service to the area on April 1, 2004.
Additionally, due to the uncertainty of the validity of the South 40th Avenue and South
72nd Avenue Annexations, the City and Fire District #12 never concluded asset transfer
negotiations. The City would like to restart these negotiations as soon as possible.
Please let me know if this is acceptable to Fire District #12 so that we can arrange a
mutually agreeable meeting time.
Yakima
FC-Amalacnr
'1111!
Mr. Jerry Craig
February 26, 2003
Page 2
On behalf of the City of Yakima, thank you again for the cooperation and efficiency
exhibited by Fire District #12 in providing fire suppression and emergency services to
the South 72nd Avenue Annexation area during difficult and uncertain times. I look
forward to working with you and Fire District #12 in the near future to resolve remaining
annexation issues. If you have questions about anything pertaining to this letter, please
do not hesitate to call me.
Very truly yours,
Dick Zais,
City Manager
cc: Honorable Mayor and City Council members
Dennis Mayo, Fire Chief, City of Yakima Fire Department
Dave Leitch, Fire Chief, Yakima County Fire District #12
Ray Paolella, City Attorney
Ken Harper, Menke Jackson et al, LLP
Ron Johnson, IAFF
Tom Schneider, IAFF