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01/17/2012 04aii Draft Minutes 12-13-2011 Business MeetingITEM TITLE: Business Meeting -- December 13, 2011 SUBMITTED BY: CONTACT PERSON /TELEPHONE: SUMMARY EXPLANATION: Resolution Ordinance Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Source: Phone: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ 12 -13 -11 minutes YAKIMA CITY COUNCIL BUSINESS MEETING DECEMBER 13, 2011 COUNCIL CHAMBERS - -CITY HALL 1:30 P.M. -- EXECUTIVE SESSION 1. Roll Call Present: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover 2. Executive Session regarding Pending Litigation (allow 30 minutes). Executive Session was held and adjourned at 1:50 p.m. 2:00 P.M. -- BUSINESS MEETING 1. Roll Call Present: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager Cooper, City Attorney Cutter and City Clerk Kloster 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Proclamations - -none B. Presentations /recognitions /introductions i. Recognition of Council Member Edler Mayor Cawley read a proclamation of appreciation for Council Member Edler. Council Member Edler thanked citizens and staff for helping make the Council successful and thanked Council for the recognition. Several Council members thanked Mr. Edler for his service to the community and his respectfulness, guidance and wisdom. ii. Recognition of City Employees Dave Strother and Wayne Haubrich Captain Schneider of the Yakima Police Department introduced Officers Strother and Haubrich. Mayor Cawley thanked Officer Strother for his 30 years and Officer Haubrich for his 25 years with the City. C. Status reports on prior meeting's citizen service requests - -none D. Appointments to Boards, Commissions and Council Committees i. Appointment to Yakima Housing Authority COFFEY MOVED AND ENSEY SECONDED TO REAPPOINT BOB WARDELL TO THE YAKIMA HOUSING AUTHORITY. The motion carried by unanimous voice vote. 4. Consent Agenda DECEMBER 13, 2011 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 F, G, and H were removed from the consent agenda per a request from a citizen Lynne Kittelson. 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. (Items on the Consent Agenda are 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 i. Citizen Boards *Commissions *Committees Nominating Committee minutes from December 1, 2011 ii. Gang Free Initiative meeting minutes from November 3, 2011 iii. Public Safety Committee Report from November 16, 2011 The reports were approved. C. Resolution authorizing an agreement with Medstar Cabulance, Inc. for paratransit (Dial -A -Ride) services. RESOLUTION NO. R- 2011 -179, A RESOLUTION authorizing the City manager to execute an agreement with Medstar Cabulance, Inc. for paratransit (Dial -A -Ride) services. D. Resolution authorizing an Agreement with Yakima County for 2012 City of Yakima Day Break Adult Day Care and Respite Services Program at the Harman Center RESOLUTION NO. R- 2011 -180, A RESOLUTION authorizing and directing the City Manager to execute the 2012 Performance Agreement No. 2012 COY Administration of Agreement with Yakima County, through the Office of Aging and Long Term Care (ALTC), for the delivery of Day Break Adult Day Care and Respite Services at the Harman Center and authorizes the City Manager to execute any subsequent amendments to the Performance Agreement E. Resolution authorizing an Agreement with Yakima County for the 2012 Geriatric Preventative Foot Care Services Program RESOLUTION NO. R -2011 -181, A RESOLUTION authorizing and directing the City Manager to execute Performance Agreement No. 2012 City of Yakima Administration of Agreement with Yakima County, through the Office of Aging and Long Term Care, for the delivery of Geriatric Preventative Foot Care Services for senior citizens I. Resolution authorizing Animal Control Contract with the Humane Society of Central Washington for 2012 - 2013 -2014 Page 2 DECEMBER 13, 2011 RESOLUTION NO. R- 2011 -182, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Animal Control Agreement with the Humane Society of Central Washington for the years 2012, 2013 and 2014. J. Resolution cancelling the annual Management Group employee's pay and compensation adjustment provided by YMC 2.20.116 effective for the calendar year 2012 RESOLUTION NO. R- R- 2011 -183, A RESOLUTION concerning City of Yakima Management Group pay and compensation, cancelling the annual Management Group employee's pay and compensation adjustment provided by YMC 2.20.116 for management employee compensation, effective for the calendar year 2012, as provided in YMC 2.20.116 (C). K. Second Reading of an Ordinance Amending the 2011 Budget in the 170 - Tourist Promotion and 173 - Tourism Promotion Area funds to provide for Tourism Promotion activities (first reading was held on 12/6/11) An Ordinance amending the 2011 budget and appropriating funds to provide for Tourism Promotion activities, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2011 -60, SECOND READING OF AN ORDINANCE amending the 2011 budget for the City of Yakima; and making appropriations of $15,000 in Fund 170 — Tourist Promotion Fund and $25,000 in Fund 173 — Tourism Promotion Area Fund for expenditure during 2011 to provide for tourism promotion activities. L. Set date of January 17, 2012 for public hearing re Planning Commission recommendation to amend Yakima Municipal Code (YMC) 15.01.036 related to medical marijuana and consistency with federal, state and local laws January 17, 2012 was set as the date of a public hearing to consider the Planning Commission's recommendation to amend Yakima Municipal Code (YMC) 15.01.035 related to medical marijuana and consistency with federal, state and local laws. ITEMS REMOVED FROM THE CONSENT AGENDA Lynne Kittelson stated she is appalled at the amount of money the City is writing off and thinks there should be a way to collect these funds. Mayor Cawley noted these have been through a collection or other legal process and are uncollectable. The City Clerk read the resolutions (F, G and H) by title only. MOVED BY EDLER SECONDED BY ADKISON TO APPROVE ITEMS F, G, AND H. The motion carried by unanimous voice vote. F. Resolution authorizing Certain Uncollectible Central Accounts Receivables to be Written Off RESOLUTION NO. R- 2011 -184, A RESOLUTION authorizing the write -off of certain uncollectable accounts receivable by the utility funds of the City of Yakima Page 3 DECEMBER 13, 2011 G. Resolution authorizing Certain Uncollectible Utility Bills to be Written Off RESOLUTION NO. R- 2011 -185, A RESOLUTION authorizing the write -off of certain uncollectable accounts receivable by the utility funds of the City of Yakima. H. Resolution Authorizing Certain Uncollectible Parking Citations to be Written Off RESOLUTION NO. R- 2011 -186, A RESOLUTION authorizing the write -off of certain uncollectable parking citations and penalties for the City of Yakima 5. Audience Participation Mayor Cawley read an email from former Council Member Clarence Barnett declaring he is against the utility tax. Robert Owen, 614 N. 3`d Street, doesn't feel that we are all in this together. He is against new taxes and running city buses to Ellensburg. He feels governed and not represented. Doug Lemon, 1300 S. 72nd Avenue, distributed a copy of a newspaper article regarding the potential rate hike for wastewater. He thinks a comprehensive efficiency performance audit should be conducted on all City departments. He asked Council to remove a speed bump by his mother's house on 24th Avenue. Bob Haak thanked Dave Edler for his 8 years of service to the community. He complained about several Council Members and staff; irrigation rates; graffiti and crime; and the need to privatize services. CITY MANAGER REPORTS 6. Resolution authorizing acceptance of Yakima Air Terminal's 2012 Annual Budget -- Resolution YAT R- 2011 -017. City Manager Cooper explained that pursuant to the joint City /County Airport operating agreement, the City must approve an airport budget. He added he expects it to be amended as a clearer picture of their finances emerges once the County begins assisting with their financials. The City Clerk read the resolution by title only. EDLER MOVED AND ADKISON SECONDED TO ADOPT THE RESOLUTION. The motion carried by a 7 -0 roll call vote. RESOLUTION NO. R- 2011 -187, A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY for AIRPORT RESOLUTION YAT -R- 2011 -016 a recommended copy of its 2012 annual budget to both the City and County of Yakima for approval ORDINANCES 7. Consideration of Legislation regarding Collective Bargaining and the Classification and Compensation Plan. Assistant City Manager Morales summarized the AFSCME contract negotiations and explained Page 4 DECEMBER 13, 2011 provisions of the collective; bargaining agreement. Council discussed rising labor costs, contracting out services and the process for possible mid -year budget amendments. The City Clerk read the resolution by title only. ADKISON MOVED AND COFFEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by a unanimous roll call vote. A. RESOLUTION NO. R- 2011 -188, A RESOLUTION authorizing and directing the City Manager to execute a collective bargaining agreement for 2012 -2014 with the American Federation of State, County and Municipal Employees (AFSCME) Local 1122 representing the Municipal Employees bargaining unit. B. Allocation change of the Senior Planner position from Pay code 20.0 to 21.5. At the request of the CED Director and Planning Manager a salary survey was conducted by the Civil Service Chief Examiner and it was determined that the compensation level for the Senior Planner position was below that of similar positions in other municipalities and not appropriately allocated within the internal salary structure in the Planning Division. This allocation change was reviewed and is recommended by the Civil Service Commission. The City Clerk read item 76 into the record. No action was necessary. The City Clerk read the ordinance by title only. ADKISON MOVED AND COFFEY SECONDED TO PASS THE ORDINANCE. The motion carried by a unanimous roll call vote. C. ORDINANCE NO. 2011-61, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective January 15, 2011; amending Subsections 2.20.100A, 2.20.100C, 2.20.110A, 2.20.110B, 2.20.110C, 2.20.110G all of the City of Yakima Municipal Code. 8. Ordinance amending Chapter 7.60 of Yakima Municipal Code regarding wastewater collection and treatment °rates and charges Wastewater Manager Scott Schafer briefed the Council on the rate study conducted by an outside consultant and the need to increase rates for the next three years to provide for maintenance, capital needs and regulatory requirements. The City Clerk read the ordinance by title only. ADKISON MOVED AND COFFEY SECONDED TO PASS THE ORDINANCE. The motion carried by a unanimous roll call vote. ORDINANCE NO. 2011 -62, AN ORDINANCE revising various wastewater rates, fees and charges; and amending Sections 7.60.020, 7.60.025, 7.60.035, and 7.60.105 of the Yakima Municipal Code, and providing related matters. 9. Ordinances enacting rate adjustments in the various utilities to implement a 6% increase in the utility tax per Ordinance No. 2011 -59 approved December 6, 2011 Council Member Ettl asked in the event this passes, what is the procedure to amend the allocations? City Manager Cooper noted it would be under the budget discussion section. Page 5 DECEMBER 13, 2011 The City Clerk read the ordinance by title only. EDLER MOVED COFFEY SECONDED TO PASS THE ORDINANCE. The motion carried by a 4 -3 roll call vote; Lover, Ensey and Ettl voting no. A. ORDINANCE NO. 2011 -63, AN ORDINANCE establishing rates, charges, terms and conditions for domestic water system service; amending section 7.68.250 of chapter 7.68 of the City of Yakima Municipal Code; and providing for an effective date. The City Clerk read the ordinance by title only. EDLER MOVED COFFEY SECONDED TO PASS THE ORDINANCE. The motion carried by a 4 -3 roll call vote; Lover, Ensey and Ettl voting no. B. ORDINANCE NO. 2011 -63, AN ORDINANCE relating to health and sanitation; concerning containers for and storage of garbage and yard waste for collection by the City of Yakima, and amending Section 4.16.140 of the City of Yakima Municipal Code accordingly. The City Clerk read the ordinance by title only. EDLER MOVED CAWLEY SECONDED TO PASS THE ORDINANCE. The motion carried by a 4 -3 roll call vote; Lover, Ensey and Ettl voting no. C. ORDINANCE NO. 2011 -64, AN ORDINANCE revising wastewater ready -to -serve charges to incorporate the 6% Utility Tax increase directed by City Council; and amending Sections 7.60.020 and 7.60.025 of the Yakima Municipal Code; and providing related matters. 10. Ordinance Adopting a Budget for the City of Yakima, Washington for 2012 EDLER MOVED AND CAWLEY SECONDED TO PASS THE ORDINANCE. Council Member Ettl presented his alternate proposal for reallocating the revenue received from the passage of the 6% utility tax. The proposal is as follows' Cost for 12 additional police officers per year -- $1,100,000 Cost to outfit and train (one time) -- $500,000 Secretarial help for prosecutor -- $80,000 Gang Free coordinator -- $80,000 Gang Free program implementation -- $140,000 Money set aside to offset anticipated state costs -- $400,000 TOTAL -- $2,000,000 Council Member Edler withdrew his motion to pass the ordinance. ETTL MOVED AND ENSEY SECONDED TO REALLOCATE FUNDING FROM THE UTILITY TAX TO FUND A CRIMINAL LAW AND JUSTICE FIGHT (as outlined in the proposal). Council Member Ettl stated if this motion doesn't pass and we proceed with the budget cuts as presented, he would vote to put it on the ballot for public vote; however, if this motion passes, he would vote for it to pass by councilmanic action. Council Member Edler noted they have the vehicle to raise tax rates on services, which has not been done since 1994. He is concerned about the Fire Department as they struggle to fight two fires at one time. If this were to go to a vote of the people, there are political powers in the Page 6 DECEMBER 13, 2011 community represented on this council that could defeat it. He believes it doesn't stand a chance of being passed by the public, and this is the way to increase services. If this is something that won't be "spun around" in January, he will vote for it. Council Member Adkison stated she had difficulty approving the budget, which will impact fire and other critical divisions. At the same time, she is concerned with what is going on in our city; therefore, if it means putting more police officers on the street she will vote for it. Assistant Mayor Coffey said this is not an easy decision because of all the budget cuts, and hopes everyone is aware there are 13 or more positions that may be eliminated. She shares the concern about the Fire Department. City Manager Cooper noted the GFI coordinator is already budgeted so those funds could be used to cover the firefighter position. COFFEY MOVED AND ADKISON SECONDED TO AMEND THE MOTION TO REALLOCATE FUNDING TO INCLUDE ONE FIREFIGHTER. The motion carried by a 5 -2 roll call vote; Lover and Ensey voting no. City Manager Cooper summarized the allocations as follows: 12 additional police officers ($1,060,000); cost for new police cars and equipment; train the officers ($306,000); secretarial help for prosecutor ($80,000); 1 firefighter ($80,000); Gang Free program implementation ($140,000); Money to reserves ($400,000); Total is $2,066,000. The City Manager then summarized the positions that would be eliminated or reduced from the original budget. The City Clerk read the ordinance by title only. CAWLEY MOVED EDLER SECONDED TO PASS THE ORDINANCE ADOPTING THE BUDGET. The motion carried to adopt the original motion, as amended, with the reallocated changes by a 5 -2 roll call vote; Ensey and Lover voting no. ORDINANCE NO. 2011 -66, AN ORDINANCE adopting a budget for the City of Yakima, Washington, for the year 2012; and making appropriations for estimated expenditures. 11. Other Business - -None 12. Adjournment COFFEY MOVED AND ADKISON SECONDED TO ADJOURN TO JANUARY 10, 2012 AT 6 P.M. The motion carried by unanimous voice vote. The meeting adjourned at 3:53 P.M. READ AND CERTIFIED ACCURATE BY Page 7 COUNCIL MEMBER DATE COUNCIL MEMBER DATE ATTEST. CITY CLERK DECEMBER 13, 2011 MICAH CAWLEY, MAYOR Minutes prepared by Sonya Claar Tee. A CD and DVD of this meeting are available in the City Clerk's Office Page 8