HomeMy WebLinkAbout06/07/2011 Business Meeting 1
YAKIMA CITY COUNCIL
JUNE 7, 2011
COUNCIL CHAMBERS, YAKIMA CITY HALL
5:00 P.M. — EXECUTIVE SESSION
1. Roll Call
Present:
Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey,
Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave
Ettl and Bill Lover
2. Executive Session (allow 1 hour)
• Pending and prospective litigation
• • To evaluate the qualifications of an applicant for public employment
Executive Session adjourned at 5:55 p.m.
6:00 P.M. — BUSINESS MEETING
1. Roll CaII
Present:
Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey,
Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave
Ettl and Bill Lover
Staff: City Manager Zais, City Attorney Cutter and City Clerk Kloster
2. Pledge of Allegiance
Mayor Cawley led the Pledge of Allegiance
3. Open Discussion for the Good of the Order
A. Proclamations — None
B. Presentations /recognitions /introductions — None
C. Status reports on prior meeting's citizen service requests — None
D. Appointments to Boards, Commissions and Council Committees —
None
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June 7,2011
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. Items 10 and 12 were added to the Consent Agenda. The City
Clerk read the Consent Agenda items, including resolutions and ordinances by
title. COFFEY MOVED AND ENSEY 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
• Business Meeting -- May 3, 2011
The minutes of the May 3, 2011 Business meeting were approved, having
been duly certified accurate by two Council members and no one present
wishing to have said minutes read publicly.
B. Consideration of approval of Council Committee Meeting Minutes
*1. Intergovernmental Committee — May 10, 2011
2. Budget Committee — May 25, 2011
A. 2012 Budget planning
B. Consideration of Committee recommendations for 2012 budget
process
City Manager Zais advised that at the June 21 Council meeting there
will be an executive session on labor negotiations as all labor contracts
are open for 2012. They will be looking for Council guidance
regarding labor negotiations for 2012 and development of the 2012
budget. He reviewed the revenue and expense projections for 2011
and 2012. With respect to revenues, the projection in the 2011 general
government for all major categories is approximately $219,000 less
than what was in budgeted. The projection for 2012 is showing a little
less than a 1`)/0 growth in total revenues above the new base set for
this year. On the expenditure side for 2011, the major cost impacts
that will exceed 2011 projections are jail and fuel costs. There will be
some savings in personnel costs for positions not being filled for a
period of time, as well as some positive results from a transition with
pensions for LEOFF 1 employees.
Council committee minutes were approved.
5. Audience Participation
Tony Courcy complained about City code enforcement actions regarding his
second -hand store on North 16 Avenue. City Attorney Cutter advised that Mr.
Courcy's code issue is scheduled for a future meeting with the Community
Review Board.
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Candie Turner spoke in support of Wesley Methodist Church's recycling center.
She would like to see an increase in fines for people who abuse the private
recycling centers with garbage and non - recyclables.
7:00 P.M. — PUBLIC HEARINGS
6. Public meeting and consideration of a Resolution approving the final plat
for Washington Heights Phase 2
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Supervising Planner Bruce Benson reviewed the final plat details. Staff
recommends adopting the resolution approving the final plat.
Mayor Cawley opened and closed the Public meeting with no one coming
forward to speak.
The City Clerk read the resolution by title; EDLER MOVED AND ADKISON
SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous
roll call vote.
RESOLUTION NO. R- 2011 -76, A RESOLUTION approving the final plat of
Washington Heights Phase 2 and authorizing the Mayor to sign the final plat.
7. Public hearing to consider:
A. Adopting the Six -year Transportation Improvement Program for the
years 2012 -2017 and amending the Metropolitan Transportation Plan;
and
B. Amending the Yakima Urban Area Comprehensive Plan Capital
Facilities Element
City Engineer Doug Mayo advised this is the first of two required public hearings;
the second public hearing is on June 21. There are 81 projects on the list, but
only 12 have funding at this point. In order to be eligible for gas tax or federal
funding, the project must be on the list in case an opportunity arises for funding.
When a project begins, it is taken off the list.
•
Mayor Cawley opened and closed the public hearing with no one coming forward
to speak.
8. Public Hearing to consider disestablishment of the 2008 Downtown Yakima
Business Improvement District
City Attorney Cutter explained that the current DYBID established in 2008 will
sunset on September 8, 2011, and is required to be disestablished by ordinance.
Council Member Lover asked if this needs to be done to start the new process.
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Mr. Cutter replied the only reason this has to be done is because the creation
ordinance requires it.
Mayor Cawley opened the public hearing.
Jamie Stickel, Chairman of the Committee for Downtown Yakima (CDY),
reviewed their efforts to establish a new business district in the downtown area
and provided statistics associated with CDY activities. He emphasized the
importance of continuing this program.
Mayor Cawley closed the public hearing.
EDLER MOVED AND COFFEY SECONDED TO PREPARE THE
APPROPRIATE LEGISLATION. The motion carried by unanimous roll call vote.
CITY MANAGER'S REPORTS
9. Consideration of a Resolution requiring contractors and vendors for
general services contracts over $2,500, Public Works contracts over
$5,000, and the City itself to enroll and participate in the federal E- Verify
employment eligibility system
Assistant Attorney Mitchell reviewed the intent of the resolution. E- Verify has
been used in the federal system for contracts over $100,000 and there is
legislation pending in numerous states recommending its use. It is a free
program established with Homeland Security.
Those who spoke in opposition to adopting the E- Verify system in Yakima were:
Mateo Arteaga; Nestor Hernandez; Luz Bazan Gutierrez; Toby Guevin; Angelina
Sanchez; Gonzalo Guillen; David Kearby; Maria Morfin; Rogelio Montes; Aniceto
Ibanez; Martin Chacon; Ana Guzman; Higinio Coronel; Paula Zambrano; Lynne
Kittelson; and Nick Marquez.
Those who spoke in favor of adopting the E- Verify system in Yakima were: Kirk
Groenig and Mr. Dimon.
The City Clerk read the resolution by title; ETTL MOVED AND LOVER
SECONDED TO ADOPT THE RESOLUTION. Council Member Ettl thought the
citizens' testimony included much misinformation. If this system appears divisive
then it's a problem of individual interpretation of the law. Council Member Lover
stated he doesn't believe it is divisive to expect the Council to be good stewards
with the taxpayer's money. Council Member Adkison stated she voted against it
last year and still has the same philosophical problems with it. She researched it
and found the people that were using it felt there were some serious flaws that
may cause harm to people who were applying for jobs on both sides of the issue.
Council Member Ensey stated this is a very specific use of E- Verify, simply for
companies that want to contract with the city. He didn't vote on it previously
because of certain requirements that have been revised.
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Assistant Mayor Coffey read a statement summarizing the research she has
done on this issue. She believes E- Verify should be implemented at the Federal
level. Council Member Edler believes the issue is political and not about the
facts. He thinks we are igniting a problem that many have been working hard for
years to create — a community. Mayor Cawley stated he supported this the last
time, and in this country have to have documentation to work.
Assistant Mayor Coffey called for the question. The Resolution carried with a 4 -3
vote; Coffey, Edler and Adkison voting no.
RESOLUTION NO. R- 2011 -77, A RESOLUTION directing the City of Yakima's
participation in the Federal E- Verify program; requiring contractors and business
entities contracting with the City of Yakima to participate in the E- Verify program,
and directing the verification of City of Yakima new employee eligibility through
the E- Verify program.
*10. Consideration of a Resolution authorising execution of an agreement with
Yakima School District No. 7 for the donation of $500,000 for the Upper
Kiwanis Park Development Project
RESOLUTION NO. R- 2011 -78, A RESOLUTION authorizing the City Manager to
. execute an agreement between the City of Yakima and Yakima School District No. 7 for
development, maintenance and use of Upper Kiwanis Park.
11. Consideration of a Motion to read the Notice provided by the PERC
Compliance Officer in Case 21562 -U -08 -5494 into the record
Helen Harvey, Assistant City Attorney, gave background information on this
issue. EDLER MOVED SECONDED BY ADKISON TO HAVE THE CITY
CLERK READ THE NOTICE PROVIDED BY THE PERC COMPLIANCE
OFFICE IN SAID CASE INTO THE RECORD AT THIS REGULAR PUBLIC
MEETING OF THE CITY COUNCIL, AND THAT A COPY OF THE NOTICE BE
PERMANENTLY APPENDED TO THE OFFICIAL MINUTES OF THIS
MEETING, PURSUANT TO THE PERC "CORRECTED DECISION OF
COMMISSION" DATED MAY4, 2011. The motion carried by unanimous voice
vote. The City Clerk read the Notice into the record. A copy is attached as a
part of these minutes. City Manager Zais stated that he takes this matter very
seriously, sincerely regrets the Unfair Labor Practice and will comply with the
recommendations to the best of his ability. He added the City will take steps to
insure this sort of practice does not occur again. Helen Harvey advised that the
legal counsel who represented the City has submitted a letter that is part of the
record, which sets forth the steps the City has already taken to comply with the
order.
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C BA RGAINING CASE21562 -U-08 -5494
A A DECISION 10270-B - PECB
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TO EMPLOYEES
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THE WASHINGTON PUBLIC EMPLOYMENT RELATIONS COMMISSION CONDUCTED A
LEGAL PROCEEDING IN WHICH ALL PARTIES HAD THE OPPORTUNITY TO PRESENT
EVIDENCE AND ARGUMENT. THE COMMISSION RULED THAT THE CITY OF YAKIMA
COMMITTED UNFAIR LABOR PRACTICES IN VIOLATION OF STATE COLLECTIVE
BARGAINING LAWS, AND ORDERED US TO POST THIS NOTICE TO EMPLOYEES:
WE UNLAWFULLY refused to bargain in good faith with the Yakima Police Patrolman Association
changes in the duration of the Detective Sergeant in Training.
WE UNLAWFULLY failed to request a meeting to confer with the Yakima Police Patro [mans Association
about disagreements regarding the completion of an information request made by the Association.
TO REMEDY OUR UNFAIR LABOR PRACTICES:
WE WILL restore the status quo ante by reinstating the wages, hours and working conditions which existed
for employees in the affected bargaining unit prior to the unilateral change in duration of the Detective
Sergeant in Training position. ,
WE WILL post all openings in non - Patrol Division positions in accord with Article 23, Section 10 of the
parties' collective bargaining agreement.
WE WILL request a meeting and confer with the Yakima Police Patrolmans Association about
disagreements regarding the completion of an information request made by the Association.
WE WILL NOT. in any other manner, interfere with, restrain. or coerce our employees in the exercise of
their collective bargaining rights under the laws of the State of Washington.
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DATED: , 1 1 CITY OF YAKIMA
BY: li
R Authorized Representative resentative i
THIS IS AN OFFICIAL NOTICE AND MUST
NOT BE DEFACED BY ANYONE.
This notice must remain posted for 60 consecutive days. and must not be altered or covered by any
other material. Questions about this notice or compliance with the Commission's order may be
directed to the Public Employment Relations Commission (PERC), 112 Henry Street NE, Suite 300.
PO Box 40919. Olympia. Washington 98504 -0919. Telephone: (360) 570 -7300. The full decision
will be published on PERC's web site, www.perc.wa.gov. •
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*12. Consideration of a Resolution authorizing execution of Supplements for
continued construction oversight on the Yakima Railroad Grade
Separations Phase 2- Lincoln Avenue project:
A. Supplement No. 8 of the Professional Services Agreement with
Berger /Abam Engineers, Inc.
RESOLUTION NO. R- 2011 -79, A RESOLUTION authorizing the City
Manager to execute an additional (eighth) supplemental agreement with
BERGER/ABAM Engineers, Inc., for project administration, inspection and
engineering support for the Lincoln Avenue Grade Separation Project.
B. Supplement No. 1 of the Professional Services Agreement with
Cascade Project Management
RESOLUTION NO. R- 2011 -80, A RESOLUTION authorizing the City
Manager to execute a supplemental agreement with Cascade Project
Management, PLLC for continued services as the City's Representative for
the Lincoln Avenue Grade Separation Project.
13. Status Report regarding modification to the Historic Preservation
Ordinance
Acting Assistant City Manager Morales reviewed the report. Senior Assistant
Attorney Kunkler explained that following a meeting with the Community and
Economic Development Committee, new language was added allowing
contributing property within the district to have the choice of opting out. The
review process would not apply to the non - contributing properties within the
district. Council Member Ensey had several concerns regarding contributing
versus non - contributing property. Mayor Cawley, Assistant Mayor Coffey and
Council Member Ensey will review outstanding concerns before legal staff
prepares an ordinance for consideration by the full Council.
Bill Duerr 3206 W. Yakima Avenue, related he is a member of the Barge
Chestnut Neighborhood Association (BCNA) and requested that members of the
Historic Commission, the Council and the BCNA have a study session and
discuss these issues.
*14. Consideration of Finance Department 1 quarter reports:
1. Revenues and expenditures
2. Central accounts receivables
3. Treasury report
The reports were accepted.
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*15. Consideration of final contract payment for South 64 Avenue sanitary
sewer extension (Standard Motion V -8 — Accept the project and approve the
final payment)
The report from the City Engineer, dated June 7, 2011, with respect to the
completion of the work on the South 64 Avenue Sanitary Sewer Extension,
performed by West Coast Construction was approved, the work accepted and
payment of the final estimates as therein set forth was authorized.
*16. Consideration of a Resolution authorizing execution of a two -year
extension to the professional services agreement with Wells Fargo
Insurance Services USA, Inc.
RESOLUTION NO. R- 2011 -81, A RESOLUTION authorizing the City Manager of
the City of Yakima to execute a two -year extension to the professional services
agreement for property and casualty insurance broker and risk management
services with Wells Fargo Insurance Services USA, Inc.
*17. Consideration of a Resolution authorizing execution of an interlocal
agreement with Yakima County for streetscape improvements
RESOLUTION NO. R- 2011 -82, A RESOLUTION authorizing the City Manager
to execute an Interlocal Agreement with Yakima County for Street
Improvements.
*18. Consideration of a Resolution authorizing execution of an
intergovernmental cooperative purchasing agreement with Chemeketa
Community College for goods and services
RESOLUTION NO. R- 2011 -83, A RESOLUTION authorizing the execution of an
Intergovernmental Cooperative Purchasing Agreement with Chemeketa
Community College.
*19. Consideration of a Resolution adopting Yakima Transit's Transit
Development Plan for 2011 -2016 and annual report for 2010
RESOLUTION NO. R- 2011 -84, A RESOLUTION adopting Yakima Transit's
Transit Development Plan for 2011 -2016 and annual report for 2010 as required
under RCW 35.58.2795.
*20. Consideration of a Resolution authorizing execution of a contract for
paratransit eligibility services
RESOLUTION NO. R- 2011 -85, A RESOLUTION adopting a resolution
authorizing the City Manager to enter into a contract for paratransit eligibility
services.
*21. Consideration of a Resolution authorizing execution of Supplement No. 2
of the professional services agreement with Conley Engineering, Inc. for
upgrading the existing lighting features in several city buildings
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RESOLUTION NO. R- 2011 -86, A RESOLUTION authorizing the City Manager to
execute Supplement No. 2 of the Professional Services Agreement with Conley
Engineering, Inc. for engineering services required to review the submitted
materials and provide inspections services for the City Facilities Lighting Project.
*22. Consideration of a Resolution authorizing execution of a senior nutrition
agreement with People for People for Daybreak program participants at the
Harman Center
RESOLUTION NO. R- 2011 -87, A RESOLUTION authorizing the City Manager to
execute Senior Nutrition Agreement between the City of Yakima and People for
People to provide food and nutrition services to eligible older citizens
participating in the Daybreak Adult Day Services program at the Harman Center.
*23. Consideration of a Resolution authorizing the Harman Center Site Use
Agreement with People for People to provide food service operations for
participants at the Harman Center
RESOLUTION NO. R- 2011 -88, A RESOLUTION authorizing the City
Manager and City Clerk to execute The Harman Center Site Use
Agreement between the City of Yakima and People for People to provide
food service operations at the Harman Center.
*24. Consideration of a Resolution approving an amendment to the 2011 Annual
Action Plan to clarify the policy on recaptured funds concerning the HOME
ownership programs
RESOLUTION NO. R- 2011 -89, A RESOLUTION approving an amendment to
the City of Yakima 2011 Annual Action Plan to clarify the policy on recaptured
funds concerning the HOME homeownership programs.
*25. Consideration of a Resolution declaring an emergency to allow for the
repair of a section of the water transmission main and to supply the
unincorporated area of Gleed with water
RESOLUTION NO. R- 2011 -90, A RESOLUTION declaring an emergency and
ratifying the City Manager's approval of all applicable documents to allow for the
repair of a section of the existing 48 inch water transmission main located at the
Naches River just downstream of the US Highway 12 bridges and for costs
associated with water supply for the unincorporated area of Gleed.
*26. Consideration of a Resolution setting a public hearing for June 21, 2011 to
consider declaration of surplus of one -acre parcel in West Valley Park
adjacent to West Valley Middle School
RESOLUTION NO. R- 2011 -91, A RESOLUTION setting June 21, 2011 as public
hearing date before the City Council, to consider declaration of surplus property,
consisting of approximately one acre located within West Valley Park adjacent to
West Valley Middle School, to be conveyed to West Valley School District for
improvement for recreation purposes.
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*27. Set date of open record public hearing for June 21, 2011 for the City of
Yakima Maple Street incinerator nomination to the Yakima Register of
Historic Places
June 21, 2011 was set as the date of an open record public hearing for the City
of Yakima Maple Street incinerator nomination to the Yakima Register of Historic
Places
*28. Set date of closed record public hearing for June 21, 2011 to consider the
Yakima Planning Commission's recommendation on a rezone requested by
Lars and Amber Hanson
June 21, 2011 was set as the date of closed record public hearing to consider
the Yakima Planning Commission's recommendation on a rezone requested by
Lars and Amber Hanson
ORDINANCES
*29. Consideration of an Ordinance decreasing the maximum jail penalty for
gross misdemeanor crimes and amending the City of Yakima Municipal
Code
ORDINANCE NO. 2011 -23, AN ORDINANCE relating to Public Safety;
decreasing the maximum jail penalty for gross misdemeanor crimes from 365
days to 364 days to enact a recent State law change and amending the City of
Yakima Municipal Code.
*30. Consideration of an Ordinance amending the Classification and
Compensation Plan for certain City employees and amending subsections
of the City of Yakima Municipal Code
ORDINANCE NO. 2011 -24, AN ORDINANCE relating to City personnel;
adopting a classification and compensation plan for City employees to be
effective July 10, 2011; amending Subsections 2.20.100A, 2.20.100B,
2.20.100E, 2.20.110A, 2.20.110B, and 2.20.110D all of the City of Yakima
Municipal Code
31. Other Business
*A. Set date of public hearing for June 21, 2011 to consider a Law
Enforcement Grant Application with the Department of Justice and to
authorize a corresponding interlocal agreement with Yakima County
June 21, 2011 was set as the date of public hearing to consider a Law
Enforcement Grant Application with the Department of Justice and to
authorize a corresponding interlocal agreement with Yakima County
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B. Update on City Manager search process
Mayor Cawley distributed supplemental questions that City Manager Dick
Zais had prepared for Council consideration to use as an additional
screening tool for the finalists for the City Manager position. Mr. Baenziger
will be in Yakima on July 5 to discuss the qualifications.
Acting Assistant City Manager Morales reported to Council that he is not an
applicant but is trying to help facilitate the process. Council Member Adkison
asked if every candidate will be from a full city like we are. Mr. Morales
stated if they are from a full service city it will be evident in their response;
however, it has not been set as criteria and is not recommended as a
minimum.
Assistant Mayor Coffey observed she doesn't think there is a set criteria or a
minimum threshold but if there is, she would like to see it. Mr. Baenziger will
review the applications and weigh them by preference factors; full service
cities will have an extra advantage. City Manager Zais indicated the typical
application includes \resume of experience and background. The
supplemental questions would be used as a screening tool. Additionally, Mr.
Baenziger does a profile of his own on the candidates from research he has
done. Mr. Morales reported that confidentiality is critical as their name is not
available for public disclosure at this level.
Mayor Cawley mentioned a previous idea was that each council member
would choose one person to serve on a community panel and asked if
Council would like to add that as a layer to the screening process. Mr.
Morales replied that this panel would not rank them but share observations
about the candidates. Council reached consensus on the community panel
and to meet with the finalists on a one -on -one basis. City Attorney Jeff
Cutter advised candidate qualifications can be reviewed in executive session;
however, the rest of the process should be public.
COUNCIL MEMBER EDLER MOVED THAT YAKIMA COUNTY BEGIN
PROVIDING LEGAL COUNSEL TO THE YAKIMA AIRPORT BOARD, SINCE
THE CITY'S LEGAL DEPARTMENT HAS BEEN SERVING SINCE 2005. The
motion carried by unanimous roll call vote.
Council Member Ettl advised that funds to hire a GFI coordinator, after
Steve Magallan's contract ends in September, are not available. He asked
the Council Budget Committee to consider including the GFI coordinator's
position in the budget and requested the City Manager and staff to provide
recommendations on how to fund a person this summer to overlap with Mr.
Magallan before his termination date.
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32. Adjournment
COFFEY MOVED AND EDLER SECONDED TO ADJOURN TO JUNE 14, 2011
AT 9 :00 A.M. IN THE COUNCIL CHAMBERS FOR A STUDY SESSION
REGARDING WASTEWATER RATE TUDY AND STORMWATER RATES FOR
2012. The motion carried by unanimous voice vote. Meeting adjourned at 9:08
p.m.
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READ AND CERTIFIED ACCURATE BY <� �C.) - ! -- -- 4R /y/
C UNC L MEMBER DATE
COUNCIL MCIBE DATE
ATTEST:
a L4
CITY CLERK MICAH CAWLEY, MAYOR
Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the
City Clerk's Office
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