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05/15/2012 04Ai Draft Minutes 03-20-2012 Business MeetingYAKIMA CITY COUNCIL March 20, 2012 Council Chambers -- City Hall 4:30 p.m. Executive Session; 6 p.m. Business Meeting; 7:00 p.m. Public Hearings ®� Back M Print EXECUTIVE SESSION Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover 2. Executive Session regarding prospective and pending litigation, real estate or land and property considerations and to evaluate the qualifications of an applicant for public employment and review the performance of a public employee. Executive Session was held and adjourned at 5:40 p.m. BUSINESS MEETING 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover Staff: Interim City Manager Morales, City Attorney Cutter and City Clerk Claar Tee 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Proclamations Cesar Chavez Month Mayor Cawley read the proclamation and Alex Santillanes accepted. He thanked Council for their support and provided an invitation to the Council for their event on March 31, 2012. B. Presentations /recognitions /introductions Recognize City Employees Lynn Miller and Wayne Parsley for 30 years of service Public Works Director Chris Waarvick recognized Lynn Miller for 31 years of service and Wayne Parsley for 30 years of service in Transit. He introduced Wayne Parsley and noted Wayne previously won a national bus driving competition approximately 7 years ago and is now a Page 1 of 7 Supervisor for Transit. Lynn Miller was not able to attend the meeting. C. Status reports on prior meeting's citizen service requests None D. Appointments to Boards, Commissions and Council Committees None 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. The following item was removed from consent and is now listed under City Manager's Reports: Item 4 F: Resolution authorizing the City of Yakima Office of Neighborhood Development Services to partner with the Yakima County DUI Court Program allowing DUI Court Program participant volunteers to perform community service hours. The City Clerk read the Consent Agenda items; including resolutions and ordinances by title. Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Rick Ensey. Carried. 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley, Coffey, Ensey , Ettl , Lover. A. Consideration of approval of City Council Meeting Minutes None B. Consideration of approval of Council Committee Meeting Minutes None C. Right -of -Way Use Permit for Lee Peterson Motors D. Set Date of April 17, 2012 for Council Consideration of the 2012 -2017 Parks and Recreation Comprehensive Plan. April 17, 2012 was set as the date for a public hearing to consider the 2012 -2017 Parks and Recreation Comprehensive Plan. E. Resolution authorizing an agreement to accept grant funding through the Washington State Department of Transportation to replace five vanpool vans. RESOLUTION NO. 2012 -42, A RESOLUTION authorizing the City Manager to enter into an agreement to accept grant funding to replace five vanpool vans for Yakima Transit's vanpool program. F. Resolution for the City of Yakima Wastewater Division to accept $275,400 Salmon Recovery Grant. RESOLUTION R- 201243, A RESOLUTION authorizing the City Manager to execute an Agreement with the Washington State Recreation and Conservation Office and City of Yakima for a grant of $275,400 for improvements related to riparian zone outfall alternatives at the City Wastewater Treatment Facility. G. Ordinance granting a telecommunications system franchise to LightSpeed Networks, Inc., . dba LS Networks. ORDINANCE NO. 2012 -11, AN ORDINANCE granting a non - exclusive franchise to LightSpeed Networks, Inc. ( "LS Networks ") to construct, operate and maintain a Telecommunications System, with all necessary facilities, within the City of Yakima, Washington (the "City "); setting Page 2 of 7 forth provisions, terms and conditions accompanying the grant of this Franchise; providing for City regulation of construction, operation, maintenance and use of the Telecommunications System; prescribing penalties for the violations of its provisions; and setting an effective date. H. An Ordinance Amending the 2012 Budget for 2011 Year -End Encumbrances First reading - -no action required at this meeting. An Ordinance amending the 2012 budget for 2011 Year -end encumbrances, was read by title only, and laid on the table until April 3, 2012 for a second reading. 5. Audience Participation Sharon Baze, 1408 S. 48th Avenue, complained about a large gravel pile near Randall Park in the overflow parking lot. She estimates the pile has been there for about 3 years and suggested the City use it for road maintenance. Ms. Baze also discussed sidewalks and questioned why there are so few sidewalks in the West Valley area, but there are new sidewalks on both sides of Washington Avenue, Interim City Manager Morales explained grant funding pays for the road and sidewalk improvements and is a requirement in obtaining the funding. Clyde Thysell, 7028 Manor Way, complained about some City employees not working while on the job. He referenced following two city trucks and approaching one crew about their pattern of travel and work assignment. He provided the truck numbers for Interim City Manager Morales to follow up on. Bob Bieren, 3806 Meadow Lane, noted he often has witnessed City employees shopping at Goodwill while on the job. He was unable to provide any truck numbers or other information. He also complained about the condition of our streets and questioned when the City would do something about them. He is concerned that if we wait to do something, it will cost millions more. Lynne Kittelson, 305 N. 9th Street, spoke about the severe graffiti problem, especially on the east side of town. In particular, she noted the graffiti at 301 N. 9th Street. She recognizes ONDS cannot do anything about graffiti on private property and has turned this complaint in to the Code Division, but understands they are at least 2 weeks behind on complaints. Justin Cawley, 1001 S. 36th Avenue, shared his concern that Municipal Court is not available all day for making payments on fines, which makes it a hardship for citizens attempting to pay their bills. There are no options for making payments during off hours and the operating hours are not posted. He stated he has attempted to pay his citation on 5 different occasions but was unable to due to their hours. The City will bring information back after further research. PUBLIC HEARINGS 6. Final Public Hearing on the 2011 Consolidated Annual Performance Evaluation Report. Archie Matthews, ONDS Manager, noted this is the final public hearing on the 2011 Annual Performance Evaluation Report. Mayor Cawley opened the public hearing, and with, no one coming forward to speak, closed the hearing. 7. Public Hearing on the Revision of the Project List within the Transportation Benefit District Ordinance Public Works Director Chris Waarvick presented the Council with a new list for the Transportation Benefit District (TBD) as requested by Council. Council Member Bristol indicated she is confused by the purpose of the TBD since Council voted not to councilmanically impose a car tab fee to fund the TBD. Mayor Cawley explained there are still other funding options. Mayor Cawley opened the public hearing. The following citizens spoke to the issue: Lynne Kittelson, 305 N. 9th Street, spoke in favor of the TBD and a $20 car tab fee. Page 3 of 7 Clyde Thysell, 7028 Manor Way, noted he doesn't have a problem paying the car tab fee if the money is spent wisely. Doug Lemon, 1300 S. 72nd Avenue, spoke against the ordinance. Lynne Buchanan, questioned why the City spent money on speed humps if the City is short on money. He did not address the TBD issue. Wendy Rodriquez, 8807 Alpine Court, spoke against the ordinance. Bob Bieren, 3806 Meadow Lane, spoke in favor of the car tab if it will help fix our streets. Sharon Baze, 1408 S. 48th Avenue, spoke about the traffic and speeding on 48th. She did not address the TBD issue. Roger Wilson spoke in favor of the ordinance and implementing a car tab fee. Mayor Cawley closed the public hearing. Council Member Ettl explained to the citizens who spoke that the speed humps near Memorial Hospital were paid for by Memorial Hospital as part of the neighborhood plan. Assistant Mayor Adkison, Council Member Coffey and Mayor Cawley spoke in favor of the TBD. Council Member Bristol agrees something needs to be done about the City's streets but is unsure how that should happen. Council Member Lover indicated he will not vote to councilmanically impose a car tab fee. He suggested again that the City take 1 % from the general fund to be used for street repairs. He also believes the City could use money from the stormwater funds. The City Clerk read the ordinance by title only. ORDINANCE NO. 2012 -12, AN ORDINANCE of the City of Yakima, Washington, relating to a Transportation Benefit District; and amending the transportation improvements to be funded by the district. Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Dave Ettl. Passed. 6 -1. Council Members voting Aye: Adkison , Bristol , Cawley, Coffey, Ettl , Lover. Council Members voting Nay: Ensey . CITY MANAGER'S REPORTS 8. Resolution authorizing the City of Yakima Office of Neighborhood Development Services to partner with the Yakima County DUI Court Program allowing DUI Court Program participant volunteers to perform community service hours. Council Member Lover indicated this is a County DUI court program that involves repeat offenders under intensive treatment and is concerned about interactions with juveniles. He does not feel this is a good time to implement this program especially since the County does not assist with funding. He would like to see the Courts and the County help with funding for this program. Council Member Coffey noted they should have more discussion and information on this issue prior to moving forward. The resolution was tabled until a later date. Motion: Tabled , Moved by Council Member Bill Lover, Seconded by Council Member Rick Ensey. Carried. 7 -0. Council Members voting Aye: Bristol , Cawley, Coffey, Ensey, Ettl , Lover, Adkison . 9. Resolution authorizing execution of a 2012 -2013 collective bargaining agreement with the Yakima Police Patrolmans Association (YPPA). Page 4 of 7 Interim Manager Michael Morales briefed Council on the multi -year agreement that has been negotiated over the last 6 months. This contract was passed by the YPPA members with a 96% vote. Sergeant Jones, Chairman of the YPPA, clarified that the health care incentive was not increasing each year, as Police Officers must re- qualify each year. He indicated this was quite a process given the economics and appreciated that Mr. Morales was willing to sit at the table. Sergeant Jones hopes Council recognizes the YPPA has made concessions, particularly in the medical area. Council Member Coffey and Assistant Mayor Adkison complimented Mr. Morales for coming to an agreement under these circumstances. Council Member Lover thanked the public safety staff. However, he is concerned about the overall increase and transparency of the process. Council Member Ettl echoed Council Member Lover's concerns about the process as Council does not have the opportunity to discuss the issue ahead of time. Mayor Cawley noted if this doesn't pass, it may cost the City more money in the end after mediation and interest arbitration. Council Member Lover mentioned the bargaining and interest arbitration issues should be brought up in Olympia at the state level. Interim City Manager Morales assured Council the cities bring this up in Olympia each legislative session and unfortunately it does not leave committee. The City Clerk read the resolution by title. A RESOLUTION authorizing and directing the City Manager to execute a collective bargaining agreement for January 1, 2012 — December 31, 2013 with the Yakima Police Patrolmans Association (YPPA) representing the Yakima Police Officers and Sergeants bargaining unit. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Assistant Mayor Maureen Adkison. Failed. 3 -4. Council Members voting Aye: Adkison , Cawley, Coffey . Council Members voting Nay: Bristol , Ensey , Ettl , Lover . 10. Resolution authorizing execution of 2012 -2014 CBA with IAFF LEOFF Unit (firefighters) Interim City Manager Michael Morales briefed Council on the negotiated agreement. Jeremy Rodriquez, Local #469 President, stated the negotiations were not easy for either side and noted the firefighters have been to arbitration only once in his career with the City. They feel it is in the best interest of everyone to agree to a contract and this contract represents stability. Council Member Ettl inquired about the average wage and hours for a firefighter. Chief Willson noted they work a 50.46 hour work week and the entire benefit package is approximately $85,000. Council Member Lover noted he is in favor of hiring an additional 3 full -time firefighters. The City Clerk read the resolution by title only. A RESOLUTION authorizing the City Manager to execute a collective bargaining agreement between the City of Yakima and the International Association of Firefighters (IAFF) Local 469 Firefighters Unit (Firefighter through Captain) for wages, hours, and working conditions for 2012- 2014, and authorizing the City Manager to execute amendments to the collective bargaining agreement to clarify contract language, maintain compliance with the law, and make other minor adjustments. Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Kathy Coffey. Failed. 3 -4. Council Members voting Aye: Adkison , Cawley, Coffey. Council Members voting Nay: Bristol , Ensey , Ettl , Lover. 11. Resolution authorizing execution of 2012 -2104 CBA with IAFF Battalion Chiefs Unit Page 5 of 7 Interim City Manager Michael Morales briefed the Council of the negotiated agreement. The City Clerk read the resolution by title only. A RESOLUTION authorizing the City Manager to execute a collective bargaining agreement between the City of Yakima and the International Association of Firefighters (IAFF) Local 469 Battalion. Chiefs Unit for wages, hours, and working conditions for.2012 - 2014; and authorizing the City Manager to execute amendments to the collective bargaining agreement to clarify contract language, maintain compliance with the law, and make other minor adjustments. Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Mayor Micah Cawley. Failed. 3 -4: Council Members voting Aye: Adkison , Cawley, Coffey. Council Members voting Nay: Bristol , Ensey, , Ettl , Lover. ORDINANCES 12. Ordinance amending YMC 9.50.215, Parking Fees for city -owned parking lots downtown from "2 hours free, $1 per hour thereafter" to "3 hours for $1 and $1 per hour thereafter." Public Works Director Chris Waarvick briefed Council on the parking fees for city -owned parking lots. David Tompkins, 417 N. 62nd Avenue, spoke in opposition of the proposed fee increase as he does not feel this is beneficial for downtown. Joe Mann, 600 3rd Street, spoke in opposition of the proposed fee increase as he feels there needs to be a free component for parking. Shannon Wade, 3409 W Yakima Avenue, spoke in opposition of the proposed fee increase. He noted when they opened their business in downtown, it was knowing there was free parking for their clients. Any changes will impact their business and what the downtown business district is trying to do. Bill Duerr, 3206 W. Yakima Avenue, spoke in opposition of the proposed fee increase as he feels it is a bad move to remove a specific time for free parking. Jar Arcand, 111 E. Yakima, spoke in opposition of the proposed fee increase. He stated the lots were not provided by downtown business and property owners to the City for a revenue source but to provide parking for customers. Jose Torez, 16 N. 3rd Street, spoke in opposition of the proposed fee increase. Roger Wilson spoke on behalf of the Downtown Parking Commission. They believe a problem with parking arose with the new payment method indicating free 2 hour parking with a parking slip. Council members were in agreement to change the signage to be more easily understood and not impose a parking fee for the first 2- hours. The ordinance died due to a lack of a motion. 13. Other Business *Council Member Lover moved to provide funding from reductions in negotiations or from the tax increase to fund three new firefighters. The motion failed due to lack of a second. Council Member Bristol would like this to be discussed at a Study Session. "Assistant Mayor Adkison would like to discuss the position of the Assistant City Manager and the possibilities of bringing back that position. Interim City Manager Morales will bring information -to the next Council Study Session. Page 6 of 7 *Council Member Ettl questioned when the new lighting in the high -crime areas would be completed. Interim City Manager Morales noted the City is working to resolve issues with the Department of Labor and Industries. *Council Member Ettl referenced an article about the City of Tacoma providing information on the website to help with public records requests. The City Clerk stated including more information on the website is a lower priority due to staffing issues. *Council Member Ettl questioned if the City received the $10,000 grant for Gang Free Initiative programming. Assistant Mayor Adkison reported they just received the grant, which is also for Yakima County, Sunnyside and Toppenish. *Mayor Cawley reminded Council to turn in their names for the citizen panel for the City Manager interviews. He also requested and received Council permission to have the candidates complete a supplemental questionnaire. A. Direct staff to prepare legislation for a $20 car tab fee for the November election Mayor Cawley questioned if there is time to prepare legislation to implement a $20 car tab fee for the November election. City Attorney Cutter noted there is time for either the August primary or the November election. Council Member Lover explained there are already a lot of taxes associated with automobiles. Council Member Bristol feels this is a hasty decision. Motion: Approve, Moved by Mayor Micah Cawley, Seconded by Assistant Mayor Maureen Adkison. Carried. 4 -3. Council Members voting Aye: Adkison , Cawley, Coffey, Ettl . Council Members voting Nay: Bristol , Ensey, , Lover. 14. Adjournment The meeting adjourned at 9:15 p.m. to a Council Study Session on March 27, 2012 at 10 a.m. in the Yakima City Hall Council Chambers. Motion: Adjourn , Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Carried. 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley, Coffey , Ensey, , Ettl , Lover . C�� I�tf1,ti�L�7�1 READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK COUNCIL MEMBER DATE COUNCIL MEMBER DATE Page 7 of 7