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Home My WebLink About06/19/2018 Business Meeting/Executive Session336 YAKIMA CITY COUNCIL June 19, 2018 City Hall — Council Chambers 5:30 p.m. Executive Session; 6 p.m. Business Meeting -- MINUTES EXECUTIVE SESSION 1. Executive Session regarding pending litigation Roll call: Mayor Kathy Coffey, presiding, Assistant Mayor Dulce Gutierrez, Council Members Holly Cousens, Kay Funk, Brad Hill, Carmen Mendez and Jason White MOTION: Mendez moved and Gutierrez seconded to adjourn to Executive Session for up to 30 minutes to discuss pending litigation. The motion carried by unanimous vote. Executive Session was held and adjourned at 5:45 p.m. BUSINESS MEETING 1. Roll Call Council: Mayor Kathy Coffey, presiding, Assistant Mayor Dulce Gutierrez, Council Members Holly Cousens, Kay Funk, Brad Hill, Carmen Mendez and Jason White Staff: City Manager Moore, City Attorney Cutter and City Clerk Claar Tee 2. Pledge of Allegiance Mayor Coffey led the Pledge of Allegiance. 3. Interpreter Services Mayor Coffey introduced Juven Garcia who announced interpreter services are available. 4. Open Discussion for the Good of the Order A. Presentations / Recognitions / Introductions i. Recognition of Mark Frey, Fire Mechanic, for 40 years of service to the City of Yakima Chief Markham introduced and recognized Fire Mechanic 11 Mark Frey for 40 years of service to the City of Yakima. B. Appointments to Boards, Commissions and Council Committees i. Council Partnership Committee recommendations for appointments to Boards & Commissions Council Member Mendez, Chair of the Council Partnership Committee, reported the Page 1 of 7 1 337 Committee met on May 31, 2018, and after interviews and application reviews, shared the Committee's recommendations. MOTION: Mendez moved and Cousens seconded to make the following appointments: Planning Commission -- Phillip Ostreim Community Review Board -- David Purcell Tree City USA Board -- Justin Bigby Henry Beauchamp Community Center Advisory Board -- Tony Williams and Donna Janovitch Parks and Recreation Youth Position -- Joshua Korevaar-Dorsey The motion carried by unanimous vote. 5. Council Reports A. Consideration of Public Safety Forum Final Report MOTION: Gutierrez moved and Mendez seconded to accept the Public Safety Forum Final Report. The motion carried by unanimous vote. 6. Consent Agenda Mayor Coffey referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from Council members present. Item 8 and 9 were added to the consent agenda becoming items 6J and 6K. 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: Gutierrez moved and Hill seconded to approve the consent agenda. The motion carried by unanimous vote. A. Approval of the minutes from the June 5, 2018, City Council Business Meeting and May 31, 2018, City Council Special Meeting B. 1st Quarter 2018 Treasury Report C. Approve payment of disbursements for the period May 1 – 31, 2018 D. Resolution authorizing an agreement with BBOLD Advertising and Marketing Corporation for property located at the Yakima Air Terminal -McAllister Field RESOLUTION NO. R-2018-053, A RESOLUTION authorizing an Airport Advertising Agreement with BBOLD Advertising and Marketing Corporation for the Yakima Air Terminal - McAllister Field. E. Resolution amending the Schedule of Permit Fees to reflect required changes in the state surcharge fee for residential and commercial building permits RESOLUTION NO. R-2018-054, A RESOLUTION amending the Fee Schedule for Building Permit/Plan Review Fees for the City of Yakima F. Resolution authorizing consent to settlements entered into by the City of Yakima to resolve and settle damage claims brought by Sandy Armijo and by Carolyn Pierson Page 2 of 7 �� RESOLUTION NO. R-2018-055, A RESOLUTION authorizng consent to settlements entered into by the City of Yakima to resolve and settle damage claims brought by Sandy Armijo and by Carolyn Pierson. G. Resolution authorizing a Memorandum of Understanding with the Educational Service District 105 School Safety Operations and Coordination Center for information sharing RESOLUTION NO. R-2018-056, A RESOLUTION approving memorandum of understanding between the Yakima Poiice Department and the Educational Services District 105 School Safety Operations Coordination Center defining operational requirements and the sharing of critical information related to geo-fencing H. Ordinance amending the 2018 Budgetfor the City of Yakima; and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2018 for various purposes inciuding 2017 encumbrances (Second Reading) ORDINANCE NO. 2018-020AN ORDINANCE amending the 2018 Budgefor the City of Yakima; and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2018 for various purposes including 2017 encumbrances. Resolution authorizing consent to a setement entered into by Cities Insurance Association of Washington ("CIAW") and Munich Reinsurance to resolve and settle the lawsuit brought by Ali Akbar Rezaie-Tirabadi and Juana Rezaie-Tirabadi RESOLUTION NO. R-2018-057, A RESOLUTON authorizing consent to a settlement entered into by Cities Insurance Association of Washington ("CIAW") and Munich Reinsurance to resolve and settle the Iawsuit brought by Ali Akbar Rezaie-Tirabadi and Juana Rezaie- Tirabadi. J. Acceptance of the Yakima Police Department 2O17Annual Report K. Resolution authoring approval of Agreed Order No. DE 15861 with the Washington State Department of Ecology establishing the terms and conditions required for the environmental remediation of the Interstate 82 Exit 33A Yakima City Landfill Site RESOLUTION NO. R-2018-058, A RESOLUTION authorizing the execution ofAgreed Order No. DE 15861 with the Washington State Department of Ecology that establishes obligations of the parties concerning the environmental remediation of the Interstate 82 Exit 33A Yakima City Landfill Site ("the Site"). 7. Public Comment Tony Sandoval, City resident, complained about the Police Chief and suggested he be fired. James Taylor, City resident, provided an update on his quest for speed humps on CorneTl Avenue. Morgana Holman, City resident, spoke in support of removing the breed specific ban. Roger Wilson, City property owner, complained about fire inspections, including that Page 3 of 7 Tony Courcy, City resident, spoke on several topics. 339 Thomas McCormick, City resident, reported he will have a memorial service for Lucille Deccio in four months. CITY MANAGER UPDATE 8. Acceptance of the Yakima Police Department 2017 Annual Report This item was moved to the consent agenda, becoming item 6J. 9. Resolution authorizing approval of Agreed Order No. DE 15861 with the Washington State Department of Ecology establishing the terms and conditions required for the environmental remediation of the Interstate 82 Exit 33A Yakima City Landfill Site This item was moved to the consent agenda becoming item 6K. 10. Consideration of voting delegates for the Association of Washington Cities Annual Meeting City Manager Moore stated in conjunction with the AWC Annual Conference being held at the Yakima Convention Center, the City may select up to three voting delegates, either elected officials or staff, to attend the Business meeting. MOTION: Funk moved and Mendez seconded that the three registered members (Coffey, Gutierrez and Cousens) be the voting delegates. The motion carried by unanimous vote. 11. Ordinance adopting the preliminary design for the Yakima Central Plaza and authorizing initiation of all work and documentation necessary to construct the Yakima Central Plaza on City Parking Lot No. 2 Mayor Coffey introduced the item. MOTION: White moved and Cousens seconded that staff prepare and present at our next regular business meeting all necessary steps to place the following measure on the 2018 general election ballot for an advisory vote: Should the City of Yakima construct a community plaza on the parking lot directly west of the Capitol Theatre. The motion carried by a 4-3 vote, Coffey, Hill and Mendez voting no. Council Member White stated he would like to take this situation out of litigation and into the hands of the community. Council Member Cousens echoed his comments. Council Member Hill stated Council is being asked to submit an advisory vote for the plaza on the November ballot to avoid Bruce Smith proceeding with Kathy Mercy and Mike Snyder in a lawsuit against the City. He noted there are many reasons to refuse this proposal including that there is no way to break ground in 2018 while waiting for results from a November vote, which is what the City has agreed to, and that the City is well within its right to meet its commitments made over three concurrent Councils, including this one, to the donors of the plaza and to the community. He stated with or without a ballot measure, Council needs to affirm its legislative prerogative to change uses of its public facilities. He feels a public vote is unnecessary and that Council decisions are not to be trusted. Council Member Mendez stated how the plaza is a Council Strategic Priority and is disappointed in the Council members supporting this. Assistant Mayor Gutierrez raised a point Page4of7 340 of order that members should refrain from making personal attacks. Mayor Coffey stated the point was well taken. The following City residents spoke in support of the plaza: Nick Hughes, agreed with Council Member Hill's comments. Dave Ettl, City resident, provided some history of the plaza including that it was not put for a vote because it is a process and there is no time to mount a campaign against the naysayers. He reported on the many meetings held, which provided a tremendous amount of community involvement. He stated every community with a successful plaza will tell you to trust the process. The following City residents spoke against the plaza: Kristen Callahan and Kenton Cantrell. Mayor Coffey stated that neither of the City's other public projects went out for a vote and would question the Strategic Plan that was agreed on by all Council members. After further Council discussion, MOTION: Funk moved and Cousens seconded to postpone the vote on item 11 (the ordinance) to the next Council meeting. The motion carried by unanimous vote. 12. Yakima Central Plaza staff report regarding potential bid alternates to be included in bid notice Ana Cortez, Assistant City Manager, asked for Council direction on this issue. MOTION: Hill moved and Mendez seconded that rather than going out for bids that we solicit formal interest from private and non-profit entities in the of form qualification statements, letters of interest, proposals or similar procurement materials (RFQ or RFP) to operate the central plaza and daily operations and special events in a manner that reaches the City and operator objectives. The motion carried by a 5-2, Funk and Gutierrez voting no. Assistant Mayor Gutierrez stated Council members should not attribute other members votes to one individual in the community and that she is not under anyone's control. Council Member Mendez raised a point of order that this discussion is not pertinent to the motion. Mayor Coffey stated the point is well taken. Council Member Cousens appealed the Chair's ruling with Council Member White seconding. After further Council discussion, Council Member Cousens withdrew her appeal with Council consensus. Joe Mann, City resident, stated the City sold the public parking lot behind the Federal Courthouse without any fuss and does not understand the conflict with the plaza parking lot. 13. Ordinance amending the City of Yakima Municipal Code Chapter 6.20 relating to dangerous and potentially dangerous dogs Ryan Bleek, Senior Assistant City Attorney, briefed Council on the proposed amendments to the dangerous dog ordinance. Kari Anderson, non-resident and Interim Yakima Humane Society Director, supports strengthening the dangerous dog ordinance and removing the breed specific ban. She also invited Council to attend a meeting with the Humane Society to learn more about pit bull dogs. Duane Sperl, City resident, spoke against mandatory micro -chipping and increased fees. Mayor Coffey asked if impounded dogs must be chipped. Ben Zigan, Animal Control Officer, reported that before impounded dogs are released, they must be micro -chipped. After further Page 5 of 7 Council discussion, MOTION: Gutierrez moved and Cousens seconded to amend the draft ordinance under consideration by striking section 8 in the agenda statement and adopting the ordinance as amended. The motion carried by a 5-2, White and Funk voting no. MOTION: Mendez moved and Cousens seconded to have the Public Safety Committee study the pit bull ban ordinance and make one of three recommendations to either revoke, update the ordinance, or keep it as is and provide to the full Council by the first meeting in August. The motion carried by a 6-1, Funk voting no. After Council discussion, the City Clerk read the ordinance by title only. ORDINANCE NO. 2018-021, AN ORDINANCE amending the City of Yakima Municipal Code Chapter 6.20 relating to dangerous and potentially dangerous dogs. 14. Five-year expense and revenue report for Lions Pool Ken Wilkinson, Parks and Recreation Manager, presented the 5 -year expense and revenue report for Lions Pool. MOTION: White moved and Gutierrez seconded to have staff provide the next 5 -year revenue and expense report at the next meeting. The motion carried by a 5-2 vote, Funk and Mendez voting no. 15. Consideration of potential definitions of Hotel & Motel for Zoning Ordinance Assistant Mayor Gutierrez stated she feels this is much larger than a code definition and merits a larger discussion. Jerry Mellen, City resident, spoke about housing shortages, congregate living, low income housing, homeless issues and H2A housing and suggested they all relate to each other. He recommends it is necessary to look at them altogether. MOTION: Gutierrez moved and Hill seconded to table (postpone) this agenda item until we schedule a special meeting to consider these matters in the very near future. The motion carried by unanimous vote. Council Member Hill asked who would be invited to attend this meeting. Assistant Mayor Gutierrez stated it would include the same folks who are going to be invited to be part of the Ad Hoc Committee and that staff has a good list to work from. 16. Other Business Council Member Hill asked about the status of updating the speed hump process. Assistant Mayor Gutierrez stated it is on the next Public Safety Committee meeting agenda. MOTION: Funk moved to place on the agenda fora future Council meeting or Study Session discussion of promotion from within the Yakima Fire Department and include input from the Firefighter Union. The motion died due to lack of a second. Council Member Cousens stated Council is not involved in personnel matters, only policy issues. Council Member Funk requested the Charter citation that applies to who oversees employee issues, which City Manager Moore will provide. 17. Adjournment Page 6of7 341 342 MOTION: Gutierrez moved and Mendez seconded to adjourn to a Special City Council Meeting on July 10, 2018, at 9 a.m. at City Training Facility - 421 E. Chestnut Avenue, Yakima. The motion carried by unanimous vote. The meeting adjourned at 8:14 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: Page 7 of 7