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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 436 FEBRUARY 15, 2011 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. 2 437 FEBRUARY 15, 2011 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. • 3 438 FEBRUARY 15, 2011 *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 • 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. 4 439 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 5 440 FEBRUARY 15, 2011 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 . i 6 •