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Home My WebLink About01/17/2017 Business Meeting/Executive SessionYAKIMA CITY COUNCIL January 17,2017 City Hall -- Council Chambers 5:30 p.m. Executive Session; 6 p.m. Business Meeting; 6:30 p.m. Public Hearings -- MINUTES EXECUTIVE SESSION 1. Executive Session regarding pending litigation Council: Mayor Kathy Coffey, presiding, Assistant Mayor Carmen Mendez, Council Members HoIIy Cousens, Dulce Gutierrez and Bill Lover Absent: Council Members Maureen Adkison (excused) and Avina Gutierrez (excused) MOTIQN: Mendez moved and Cousens seconded to adjourn to Executive Session for up to 30 minutes to discuss pending litigation. The motion carried by a 5'Ovotu.AdkisonandA.GuherrezabsonL Executive Session was held and adjourned at 5:54 p.m. BUSINESS MEETING Roll Call Council: Mayor Kathy Coffey, presiding, Assistant Mayor Carmen MendezCouncil Members Maureen Adkison (arrived 6:14 p.m.), Holly Cousens, Avina Gutierrez (arrived 6:09 p.m.), Dulce Gutierrez and Bill Lover Staff: City Manager Moore, City Attorney Cutter and City Clerk Claar Tee 2. Pledge mfAllegiance Mayor Coffey led the Pledge ofAllegiance. � Interpreter Services Mayor Coffey introduced Jorge Villasenor who announced interpreter services are available. 4. Open Discussion for the Good of the Order Mayor Coffey stated the Council is very concerned about the extreme weather conditions and suggested postponing many of the agenda items. MOTION: Mendez moved and Cousens seconded that the established order of business be suspended and the Mayor call up item 6 and 10 ofthe agenda for consideration. The motion carried by a 5-0 vote, Adkison and A, Gutierrez absent. Page 1 of 5 A. Proclamations i. National Certified Registered Nurse Anesthetists Week Mayor Coffey stated due to the bad weather, Dr. Hudson is not available to accept the proclamation. She congratulated the CRNA's on their proclamation. B. Presentations / Recognitions /Introductions i Presentation of the ^2015 Wastewater Treatment Plant Outstanding PgrfOmnance" award to the City's Wastewater Division by the Department of Ecology This item was postponed. ii Recognition of Retiring Fire Captains Rocky Wiflette - 31 years of service, and Tim Whitehurst - 30 years of service This items was postponed. 5. Council Reports None. Q. Consent Agenda Mayor Coffey referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from Council members or citizens present. There were no changes. The City Clerk read the Consent Agenda items, including resolutions and ordinances, by title. (Items on the ConsentAgenda are handled under one motion wi(houtfurtherdiscussion--SeennoUonUirecUybe|ovx\ MOTION: Cousens moved and Mendez seconded to approve the consent agenda. The motion carried by a 5-0 vote, Adkison and A. Gutierrez absent. A. Approve payment of disbursements for the period December 1 — 31, 2016 B. 4th Quarter 2018Capital Improvement Projects Report C. 4th Quarter 2016 Claim Report and Resolution authorizing and approving 4th Quarter 2016 claims activity RESOLUTION NO. R-2O17~UD6'ARESOLUTION accepting and approving the 4th Quarter 2016 Claim Report for the City of Yakima. D. Set February 21, 2017, as the date for a public meeting to consider the final plat approval of Catalyss Phases 1 and 2 located at 4200 Castlevale Road E. Resolutiori setting the date for a PubIic Hearing on February 7, 2017, at 6:30 p.m. to amend the six-year Transportation Improvement Program (TIP) RESOLUTION NO. R'2O17-007'A RESOLUTION fixing the time and place of a hearing for February 7, 2017 at 6:30 pm in the Council Chambers at City Hall to amend the 2017 Page 2 of 5 F Resolution authorizing a Department of Interior, Bureau of Reclamation VVaterSMART Grant for low water use demonstration garden at Public Works RESOLUTION NO. R-2017-008,ARESOLUTION to authorize the City Manager to execute all necessary documents to complete and submit an application for a grant from the Department of Interior Bureau of Reclamation's VVaterSMART program in the amount of $63,500 for a low water use demonstration garden at Public Works, to execute all necessary certifications, agreements and other documents to complete the grant. G. Resolution authorizing Addendum 1 to existing Contract 2009-114 with HLA Engineering and Land Surveying, Inc. in the amount of $71.200 RESOLUTION NO. R-2017-009, A RESOLUTION authorizing execution of addendum 1 to the engineering and consulting services agreement 2009-114 with HLA Engineering and Land Surveying, Inc. in the amount of $71.2OOfor design ofa13inch water line and servicos during construction, H. Ordinance amending Section 10.05.145 of the Fire Code to provide for specific procedures to notify property owners of the need to remove fire debris, and clarify collection, hen and appeal rights associated with the failure to remove fire debris ORDINANCE NO. 2017-004, AN ORDINANCE amending the City of Yakima Municipal Code, Title 10D5.Fire Code, Section 1O.O5.145:Removal Ofdebris after fire. Ordinance Amending Chapter 111O.Neighborhood Cnn5enxation.k)pnzvidc for clarification as to collection, lien and appeal rights associated with violations of the chapter ORDINANCE NO. 2O17-OO5.ANORDINANCE amending the City of Yakima Municipal Code, Chapter 11.10, Neighborhood Conservation. 7. Audience Participation None. PUBLIC HEARINGS 8. Public Hearing and Resolution declaring certain property originally ObtainedforinigaUnn facility purposes to be surplus and authorizing sale This item was postponed. CITY MANAGER UPDATE 9. 201 7-2020 Yakima Economic Development Strategic PIan Adoption This item was postponed. 10. Resolution declaring Yakima as a Welcoming City Mayor Coffey stated due to the weather, if Council approves, they could forgo the typical three minute per speaker participation and ask speakers to state their name, city of residence and if they are for or againstthe resolution. MOTION: D. Gutierrez Page 3 of 5 55 residence and if they are for or against the resolution. The motion carried by a unanimous vote, Adkison absent. Cynthia MartinezSenior Assistant City Attorneystated Council has a resolution for consideration establishing the City of Yakima as a Welcoming City. In her research she found most city policies fell into three categories. The first level is a resolution stating the jurisdiction is a welcoming city or a city that serves all people equally The next level is the "don't ask" type of n8SO|utiOn, which instructs city employees, as well as city police, to not ask anyone their immigration status. The final level that she encountered is the "don't tell" policy, which means if immigration status is collected, it would not be shared. The resolution before Council falls in the first category, which is the City of Yakima will serve all people equally regardless of status, which is mostly already recognized by law. The third level, "don't tell," is one that is contrary to federal law. Council Member Lover feels Yakima is a defacto Sanctuary City and questioned why they are considering a resolution, which he feels is too formal. He stated he will rejectany{hinQ that divides residents and suggested a proclamation. Council Member D. Gutierrez asked the difference between a declaration and a resolution. CityAttorney Cutter noted a resolution is a formalization of Council policy. A policy otherwise spoken is not commemorated in a resolution, Mayor Coffey feels they may be shortchangingcommunitvmembersbvmot8llowngthem to speak on the issue other than if they are for or against the resolution and suggested moving the meeting to another time and place. After Council discussion, MOTION: D. Gutierrez moved and Cousens seconded to allow one minute of comment per individual. The motion carried by a 4-3 vote, Adkison, A. Gutierrez and Lover voting no. Ms. Martinez stated this is a resolution that is not in contrast to federal law and in no way changes the law. The City Clerk read the resolution by title, A RESOLUTION of the City Council of the City of Yakima, Washington, declaring the City of Yakima a Welcoming City for all people. The following community members spoke in favor of the resolution: Charley Mulvey, City resident; Susan Soto Palmer, City resident; Ava Pacheco, City resident; Jesus Ayala, City resident; Giovanni ServinO, City resident; Laura Armstrong, with La Casa Hogar spoke for herself, Ava Chavez, David Morales, Areile Santos and Patricia Richey; Lorena Hernandez, City resident; Gabriel MunVz, County resident; Reymundo ErzD, City resident; Eustolia G8nChez, City resident; Adam Jr, K4VntGnO, City resident; Rocio CarrioD, City resident; Esther Whitmore, City resident; Michael Gempler, City resident; Elizabeth Torres, City resident; Rogelio Montes, City resident; Ana Guz0an. City resident; Marivy Vasquez, City resident; Gustavo, City resident; Merivet Lornbona, City resident; Aleida Velasquez, City resident; Monserrat Vargas, City resident; Michele Besso, City resident; and, Sean Tabayoyon, City resident. The following community members spoke against the resolution: John Dinse, County resident; Philip Bnanda|o, City resident; Mack Henrick, City resident; Sandi Belzer, County resident; Edmund Brayall, City resident; Venetia Delafuente, City resident; Denise Englehart, City resident; Matthew McCay, City resident; Rick Weiss, City resident; Jim Bell, City resident; Ron Powell, City resident; Mark Jones, County resident; Paul Fountaine, City resident; Dana Johnson, City resident; Nick Hughes, City resident; Dave Ettl, City resident, Page 4 of 5 Mullen, City resident; Rod ThvsoU, City resident; Clyde Thysell, City resident; Luis Lopez, City resident; John Larson, City resident and provided a petition; Beverly Breitenfeldt, City resident; Kathy Pitzer, City resident; Miles Allen, City resident; Keith Effler, City resident; Patricia Byers,City resident; and. Tom Culp, City resident. The foliowing community members spoke about the resolution without stating whether they were for or against the resolution: Dario Rubin; David Garcia, City resident; and, Doug Miller, City resident. AfterfurtherCouncil discussion, MOTION: A. Gutierrez moved and 0. Gutierrez seconded to adopt the resolution. The motion failed by a 4-3 vote, Adkison, Coffey, Cousens and Lover voting no. Assistant Mayor Mendez noted some Council members thought this should have gone to a Council Committee prior to coming before the full Council. MOTION: Mendez moved and A. Gutierrez seconded to refer this to the Neighborhood and Community Building Committee. The motion carried by a 6-1 vote, Coffey voting no. 11. Other Business None. 12. Adjournment MOTION: Mendez moved and Cousens seconded to ato the next Council Business Meeting on February 7, 2017, at 6 p.m. in the Council Chambers. The rnoUOnC@rriadbyunanirnOu3vot8.TharneeUng@djOurneUat8:19p.nl. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNC _2?—/7 EK4BERDATE ., �� `,"NC| DATE Page 5 of 5