HomeMy WebLinkAbout02/15/2011 Business Meeting 435
YAKIMA CITY COUNCIL
BUSINESS MEETING
FEBRUARY 15, 2011
COUNCIL CHAMBERS, YAKIMA CITY HALL
5:30 P.M. — EXECUTIVE SESSION
1. Roll Call
Present:
Council: Mayor Micah Cawley, presiding, Council Members Maureen Adkison, Dave
Edler, Rick Ensey, Dave Ettl and Bill Lover
Absent: Assistant Mayor Kathy Coffey
2. Executive Session
• Prospective litigation
• Pending Litigation
• Review performance of a public employee
Executive Session adjourned at 5:56 p.m.
6:00 P.M. — BUSINESS MEETING
1. Roll Call
Present:
Council: Mayor Micah Cawley, presiding, Council Members Maureen Adkison,
Dave Edler, Rick Ensey, Dave Ettl and Bill Lover
Staff: Acting City Manager Morales, Sr. Assistant City Attorney Harvey and City
Clerk Kloster
Absent: Assistant Mayor Kathy Coffey
2. Invocation /Pledge of Allegiance
Council Member Dave Edler gave an invocation and led the Pledge of Allegiance.
3. Open Discussion for the Good of the Order
A. Proclamations — None
B. Presentations /recognitions /introductions
1. Presentation from Yakima Valley Landlords Association to Police Officer Saldana
regarding the 2010 Crime -Free Rental Housing Program
Rob Tee, on behalf of Yakima Valley Landlord's Association, presented a plaque
to Officer Saldana for her work in the Crime -Free Rental Housing Program.
2. Recognition of Public Records Officer Jodi Stephens as Vice President of the
Washington Association of Public Records Officers
Acting City Manager Michael Morales recognized Public Records Officer Jodi
Stephens for her appointment as Vice President of the Washington Association
of Public Records Officers.
C. Status reports on prior meeting's citizen service requests None
D. Appointments to Boards, Commissions and Council Committees — None
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4. Consent Agenda
Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether
there were any additions or deletions from either Council members or citizens present.
There were no changes. The City Clerk read the Consent Agenda items, including
resolutions and ordinances by title. ENSEY MOVED AND ADKISON SECONDED TO
ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call
vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent
Agenda handled under one motion without further discussion.)
*A. Consideration of approval of City Council Meeting Minutes — None
*B. Consideration of approval of Council Committee Meeting Minutes
*1. Transit - Transportation Committee — January 20, 2011
*2. City /County Intergovernmental Committee — January 25, 2011
*3. Neighborhood Development Committee — February 2, 2011
Council committee meeting minutes were approved.
5. Audience Participation
Becky Scholl, a parent of a developmentally disabled child at the Yakima Valley School,
spoke about the potential closure of the school to address the state's budget shortfall.
She distributed information on the school and asked Council members to write a letter to
the state Department of Social and Health Services supporting non - closure of the
facility. EDLER MOVED AND LOVER SECONDED TO WRITEA LETTER OF
SUPPORT. The motion carried by unanimous voice; Coffey absent.
Mike Hunnel, 1502 S. 1 8`h Avenue, talked about code violations and discrimination.
Council Member Ettl offered to work with staff on the alleged code violations. Acting
City Manager Morales stated that the issues of concern would be reviewed by the
Council Transit - Transportation Committee.
Gonzalo Guillen, a member of the Freedom from Religion Foundation, addressed the
Council on public prayer at City Council meetings. He objected to invocations at
government meetings, and invoking a specific deity. Brenda Fowler spoke in strong
support of invocations at Council meetings and urged the Council to continue their
current practice.
CITY MANAGER'S REPORTS
6. Consideration of mechanisms to amend the Charter; designation of Charter
Committee; and referral of Charter to the committee for review and
recommendation
Mark Kunkler, Sr. Assistant City Attorney, described three general paths to "Charter
amendments:
1) An overall amendment process; a total rewrite. It is possible to call for an election of
15 freeholders who have a year to meet and make a recommendation to the City
Council which is then presented to the citizens for a vote.
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2) The petition method for amendment where 500 registered voters can present a
petition and ask it to be presented to the electorate.
3) The City Council can initiate its own amendment.
He advised that the Legal staff is suggesting having the City Council form an ad hoc
committee to review which option Council prefers and develop a plan to review and
revise the Charter.
ENSEY MOVED AND EDLER SECONDED TO FORMA COMMITTEE OF UP TO
THREE COUNCIL MEMBERS TO REVIEW AND UPDATE THE LANGUAGE IN OUR
CITY CHARTER. Council Member Edler asked for clarification on whether the
committee will scrub the Charter rather than determining which of the three options to
take. Council Member Ensey said it wasn't to review the options but to actually scrub
the charter. He felt the other two options were complicated and convoluted and would
take a long time unnecessarily The motion carried by a 5 -1 roll call vote; Cawley voting
no; Coffey absent. Edler, Ettl, and Adkison volunteered to be on the committee.
CAWLEY MOVED AND ENSEY SECONDED TO ACCEPT EDLER, ETTL AND
ADKISON AS COMMITTEE MEMBERS. The motion carried by unanimous roll call
vote; Coffey absent.
Lawrence Breer, 2911 Shelton Avenue, said he thinks there should be some citizens on
this committee. Council Member Edler advised that all committee meetings are public
meetings and citizens can come and participate should they choose to do so. In that
manner, there is an opportunity for interested citizens to be involved.
7. Consideration of a Resolution approving and adopting policy for opening
invocations before meetings of the City Council
Mark Kunkler, Sr. Assistant Attorney, introduced the proposed resolution outlining a
policy regarding invocations at Council meetings. It is a format provided by the Alliance
Defense Fund that has been modified to fit our city format. Using this format, a Council -
led invocation would not be listed as an agenda item; the invocation and Pledge of
Allegiance would occur before the gavel sounds that starts the meeting; there will be
disclosure language on the agenda advising the public of the invocation and voluntary
participation; and the policy establishes procedures for rotation limiting the number of
invocations a Council member would lead. The City Clerk read the resolution by title,
EDLER MOVED AND ETTL SECONDED TO ADOPT THE RESOLUTION.
CAWLEY MOVED AND ENSEY SECONDED TO AMEND THE MOTION TO REPLACE
THE FIVE -TIME LIMIT IN A YEAR PARTICIPATION IN LEADING THE INVOCATION
WITH TEN TIMES. The amending motion carried by a unanimous roll call vote; Coffey
absent.
ETTL MOVED AND ADKISON SECONDED TO AMEND THE MOTION TO PUT THE
PLEDGE OF ALLEGIANCE BACK IN AS PART OF THE MEETING. The amendment
carried by a unanimous roll call vote; Coffey absent. The vote on the original motion as
amended carried by unanimous roll call vote; Coffey absent.
RESOLUTION NO. R- 2011 -33, A RESOLUTION adopting policy regarding opening
invocations before meetings of the City Council; stating procedures; and reciting
principles of supporting law.
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*8. Consideration of a Resolution ratifying a revocable license agreement to allow for
construction of a fence to restrict public access to the 23 Avenue and Lincoln
Avenue Parkway
RESOLUTION NO. R- 2011 -34, A RESOLUTION ratifying the Acting City Manager's
execution of a Revocable License Agreement with Kerry and Gayle Harthcock and
Connie Cross to allow for the construction of a fence on City property to be erected to
restrict public access on and along a walking path extending beyond the termination of
23 Avenue and Lincoln Avenue and which has historically permitted unwanted public
access to the private property of the Harthcock's and Cross's properties.
*9. Consideration of a Resolution authorizing execution of a contract with the South
Central Workforce Development Council for reimbursement of costs related to
"Job Fair 2011"
RESOLUTION NO. R- 2011 -35, A RESOLUTION authorizing the City Manager to
execute a contract, in the amount of $5,000 of CDBG funding, with the South Central
Workforce Development Council for reimbursement of costs related to "Job Fair 2011".
*10. Consideration of a Resolution authorizing use of budgeted funds for the
completion of engineering services described in the April 23, 2003 agreement with
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Black & Veatch Corporation for professional services
RESOLUTION NO. R- 2011 -36, A RESOLUTION authorizing the City Manager to
approve use of budgeted funds for the completion of the Engineering Services
described in the April 23, 2003 Agreement between City of Yakima and Black & Veatch
Corporation for Professional Services.
ORDINANCES
*11. Consideration of an Ordinance authorizing a new fund for YAKCORPS
ORDINANCE NO. 2011 -09, AN ORDINANCE relating to funds and accounts; creating
YAKIMA CONSORTIUM FOR REGIONAL PUBLIC SAFETY (YAKCORPS) Fund;
designating the sources of revenue and permissible expenditures from such fund; and
enacting Chapter 3.120 "YAKIMA CONSORTIUM FOR REGIONAL PUBLIC SAFETY
(YAKCORPS) Fund" as a new Chapter and Sections 3.120.010, 3.120.020 and
3.120.030 as new sections of the City of Yakima Municipal Code.
12. Consideration of an Ordinance to amend the Yakima Urban Area Comprehensive
Plan to adopt the West Valley Neighborhood Plan and amending the official
zoning map for the City of Yakima
Joan Davenport gave background information on hearings and deliberations previously
held on the subject. The County Commissioners adopted the ordinance this morning.
The zoning map changes and policies of the plan amendment will take place in 30 days.
The City Clerk read the ordinance by title. ENSEY MOVED AND EDLER SECONDED
TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Coffey
absent.
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FEBRUARY 15, 2011
ORDINANCE NO. 2011 -10, AN ORDINANCE to amend the Yakima Urban Area
Comprehensive Plan to adopt the West Valley Neighborhood Plan using the procedures
described in YMC 16.10.035; and amending the official zoning map for the City of
Yakima as established by YMC 15.03.030
13. Other Business
LOVER MOVED AND ENSEY SECONDED TO INSTRUCT THE ACTING CITY
MANAGER TO BEGIN THE PROCESS TO HIRE A POLICE CHIEF OR INTERIM
POLICE CHIEF AND TO FINALIZE A PLAN BY MARCH 1, 2011. The motion carried
by 4 -2 roll call vote; Cawley and Edler voting no; Coffey absent.
LOVER MOVED AND ENSEY SECONDED TO START THE PROCESS OF HIRING A
CITY MANAGER, DECIDE ON A SEARCH FIRM AND THE METHOD AND
SELECTION PROCESS. HE SUGGESTED THAT A COMMITTEE BE PICKED
TONIGHT TO MAKE THOSE RECOMMENDATIONS BY MARCH/ Mayor Cawley
commented that because a Council member is absent tonight and because we do have
an acting manager, it would be, better to wait until the next Council meeting before going
forward with this motion. Council Member Edler questioned why we need a committee
to lengthen the process, rather than getting a list of search firms and "getting after it."
Council Member Ensey suggested changing it to have the full Council look at the search
firms. Following discussion to clarify what was really being asked for, LOVER
WITHDREW HIS MOTION.
ENSEY MOVED TO HAVE STAFF SCHEDULE A STUDY SESSION FOR THE SOLE
REASON OF DISCUSSING HIRING A NEW CITY MANAGER. The motion died for
lack of a second. Mayor Cawley suggested asking Acting City Manager Morales to
supply a list of search firms. Council Member Ensey stated we need to define what
qualities the Council wants in a city manager; what do they expect that person to do, in
order to be able to give that information to the search firm. Mayor Cawley said once a
firm is selected, contact will be made with each Council member individually and as a
group to define the manager's role. Sr. Assistant City Attorney Harvey commented that
there is precedence with other cities having gone through the process. There could be
a request for proposal that could go out to prospective search firms, asking for a
response in a 2 -week period. Acting City Manager Morales commented that it is most
important to define the time frame. He asked the Council if they wanted to delegate it to
a few members to select the firms or decide as an entire body. Mayor Cawley
summarized that they are at the point of defining the "template" for obtaining candidates
for a new City Manager and they hope to discuss it March 1 LOVER MOVED TO
HAVE ALL SEVEN COUNCIL MEMBERS PRES BEFORE THIS SUBJECT IS
DISCUSSED. The motion died for the lack of a second. Mr. Morales clarified that on
March 1st they would also be discussing whether to look fora temporary or permanent
city manager.
Council Member Edler mentioned that after the election, he heard that a person
declared on the air waves that the Council should have 100 days, similar to the
president, to get some key things accomplished. He would like to set a date for a
retreat. EDLER MOVED AND ETTL SECONDED TO SCHEDULEA RETREAT. The
motion carried by unanimous roll call vote; Coffey absent. Council Member Ettl
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confessed that he mentioned on the radio the 100 -day idea to achieve what we want to
do.
Acting City Manager Morales said that, prior to the recent trip to Washington, DC, he
had been unofficially informed of the potential closure of a significant number of Safe
Streets task force groups around the country. He has not received any official word at
this time. We may need to become more engaged and keep our efforts intact as there '
are many competing priorities.
14. Adjournment
EDLER MOVED AND ADKISON SECONDED TO ADJOURN. The motion carried by
unanimous voice vote. The meeting adjourned at 7:27 p.m.
. II/ 0 t - Cki 6 V ------- (2 1 06 - 1 I
READ AND CERTIFIED ACCURATE BY
' a N IL MEMBE DATE
OUNCIL MEMBER ATE
ATTEST:
CITY CLERK --- MICAH CAWLEY, M ' OR
Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office
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