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05/15/2012 04Ai Draft Minutes 04-03-2012 Business MeetingYAKIMA CITY COUNCIL April 3, 2012 Council Chambers -City Hall 4:30 p.m. Executive Session; 6 p.m. Business Meeting Back JE4, 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 Absent: Dave Ettl (excused) 2. Executive Session regarding prospective and pending litigation, real estate or land and property considerations, collective bargaining 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 5:59 p.m. BUSINESS MEETING 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Memembers Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover Staff: Interim City Manager Morales, City Attorney Cutter and Acting City Clerk Kloster Absent: Dave Ettl (excused) 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Proclamations B. Presentations /recognitions /introductions Presentation and introduction of Lily Yeh Lily Yeh introduced herself and gave a presentation on art projects she has done in intercity North Philadelphia. She explained how communities working together have created mosaics on abandoned lots and changed distressed areas into gardens. These projects have helped build pride and confidence in area youth as well as beautify their cities. While in Yakima, she visited the Youth Police Athletic League (YPAL) facility, the Greenway, the Museum and mill site and is excited about perhaps doing a project in Yakima. Page 1 of 6 Interim City Manager Morales thanked City employee Tammy Regimbal for her role in bringing Lily Yeh to our community. C. Status reports on prior meeting's citizen service requests Response to comments from Candi Turner at the City Council Meeting of March 6, 2012, regarding traffic signal at 64th Avenue and Washington. Interim City Manager Morales updated Council on the installation of a traffic signal at 64th and Washington Avenues. The poles are now in place and the signal is being installed and will be workable later this week. Response to citizen comments from City Council Meeting of March 6, 2012 regarding Railroad Underpass Project Interim City Manager Morales addressed the concerns brought forth by John Puccinelli and Fred Gomez representing Mel's Diner, along with Clark Smith and his manager Fred, representing Elliott's Goodyear. Mr. Morales reviewed the report from Engineering that addressed the areas of concern. He indicated that the Martin Luther King Jr. underpass will not be done back -to -back with the Lincoln Avenue underpass. iii. YFD Brown Outs /ARFF Impact - Response to Councilman Lover's requst on March 20, 2012 Fire Chief Willson responded to Council Member Lover's request for an update on brown -outs at the Fire Department. Since the first of this year, there have been 23.5 days of brown -outs. This is slightly higher than predicted as the average is approximately 7.83 days per month. In response to Council Member Lover's question regarding the effect three more firefighters would have had on the situation, Chief Willson indicated the average brown -outs would have been reduced to 6.5 days per month and minimal overtime would have been accrued for the year. Council Member Lover stated more firefighters are a priority and he would pursue hiring three more firefighters by 2013. Council Member Coffey stated since the City and County own the airport and are mandated to staff it with a firefighter at all times, she believes the cost should be split with the County instead of the City paying the full amount. Council Member Bristol asked about the status of filling the vacant positions; Chief Willson stated they are in the process of hiring two positions. D. Appointments to Boards, Commissions and Council Committees 4. Consent Agenda Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from Council members or citizens present. Item 4F (Ordinance authorizing the issuance and sale of water and wastewater revenue refunding bonds in the principal amount of not to exceed $10,000,000 in one or more series to refund (refinance) certain outstanding water and wastewater bonds of the City; and delegating authority to the City Manager or Director of Finance and Budget of the City to approve the final terms of the bonds [first reading]) was removed from the consent agenda and listed under City Manager's Reports. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. (Items on the Consent Agenda are handled under one motion without further discussion —see motion directly below.) Motion: Approve , Moved by Council Member Kathy Coffey, Seconded by Assistant Mayor Maureen Adkison. Approved. 6 -0. Council Members voting Aye: Adkison , Bristol , Cawley, Coffey, Ensey, , Lover. Council Members Absent: Ettl . Page 2 of 6 A. Consideration of approval of City Council Meeting Minutes i. City Council Study Session of January 24, 2012 and City Council Retreat from February 1, 2012. The minutes of the Adjourned Council Study Session of 1 -24 -12 and City Council Retreat of 2 -1- 12 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 C. Resolution authorizing the City Manager of the City of Yakima to consent to final payments to settle and resolve a sewer backup claim filed by Marlene Amos. RESOLUTION NO. 2012-44, A RESOLUTION authorizing the City Manager of the City of Yakima to consent to final payment to settle and resolve a sewer backup claim filed by Marlene Amos. D. Resolution setting a Public Hearing on April 17, 2012 at 7 p.m. in the City Hall Council Chambers to amend the six -year Transportation Improvement Program (TIP). RESOLUTION NO. R- 2012 -45, A RESOLUTION fixing the time and place of a hearing for April 17, 2012 at 7:00 pm in the Council Chambers at City Hall to amend the 2012 through 2017 Six - Year Transportation Improvement Program. E. Ordinance Amending the 2012 Budget for 2011 Year -End Encumbrances (Second Reading) ORDINANCE NO. 2012 -13, AN ORDINANCE amending the 2012 budget for the City of Yakima; and making appropriations for 2011 Year -End Encumbrances from Unappropriated Fund Balances within various Funds for expenditure during 2012. F. Ordinance amending Chapter 2.04 entitled "Group Insurance" of the City of Yakima Municipal Code, specifically by adding a new section 2.04.030 C on authority to exempt certain positions from the health care plan, and deleting 2.04.060 entitled "Physical Examination ". ORDINANCE NO. 2012-14, AN ORDINANCE relating to Group Insurance for employees of the City of Yakima; amending Chapter 2.04 entitled "Group Insurance" of the City of Yakima Municipal Code, specifically by adding a new section 2.04.030 C on authority to exempt certain positions from the health care plan, and deleting 2.04.060 entitled "Physical Examination ". 5. Audience Participation Candie Turner, 7800 West Mead, spoke about the installation of the traffic signal at the intersection at 64th and Washington Avenues. She stated this is a demonstration of how citizens can work together to get results. She presented Interim City Manager Morales with cookies in appreciation for his responsiveness to her needs and distributed some to the audience.. Doug Lemon, 206 North 6th Avenue, commented on the Fire Department brown -outs, suggested the need to abandon railroad underpasses due to lack of traffic in the downtown area, complained about a letter he had received from the City for collection of extra garbage bags, and submitted pictures of property next to his business that was not in compliance with City codes. Lynne Kittleson, 305 North 9th Street, thanked everyone who brought Ms.Yeh to our City to share her art ideas. She also thanked City employees for their hard work and apologized for citizens who disparage City workers. Ms. Kittleson encouraged Council to reconsider their recent vote against the Police and Fire Union contracts. These employees provide essential services and she strongly supports them. Thomas McCormick wished everyone a Happy Easter. He suggested that the City provide bus Page 3 of 6 transportation for citizens to attend parades. CITY MANAGER'S REPORTS 6. Report from Yakima Police Department regarding Gang Free Initiative Update Lt. Mike Merryman updated Council of the progress on the Gang Free Initiative and explained the plan has both a tactical and a strategic component. There are three teams that are working to implement the plan and will partner with designated agencies to do the work. The next step is to hire a coordinator under contract. Assistant Mayor Adkison thanked Lt. Merryman and consultant Steve Magellan for their efforts. They have received one grant for funding and are waiting for a response on a second grant. 7. Report regarding the effect of additional police officers on the Prosecution Division workload. City Attorney Jeff Cutter commented on the report that Prosecuting Attorney Cynthia Martinez provided in response to Council Member Lover's request regarding how the addition of twelve police officers would impact the Prosecution Division workload. Cynthia Martinez advised whenever officers are added there is an increase in the prosecution caseload. Interim City Manager Morales mentioned the Courts have not provided a report yet, but there would be an increase of appearances there as well. He also stated indigent defense changes are forthcoming, which would also have a big impact. Council Member Coffey questioned what would be done to support the increase of the officers. She stated the rapid vote that approved the 2012 budget is causing unintended consequences and asked if Council could pass a new ordinance to reallocate funds. Interim City Manager Morales indicated there is an appropriate procedure to accomplish that. 8. Resolution authorizing the Interim City Manager to agree to special employment contract terms providing for severance compensation and health care allowance as part of the employment agreement between Dominic Rizzi, Jr. and the City thereby formalizing the hiring of Dominic Rizzi, Jr. as the new Yakima Chief of Police. Interim City Manager Morales reviewed the severance condition of Mr. Rizzi's contract and advised any other severance contracts would have to be approved by Council. Council Member Lover had a concern about the difference in severance provisions between the Police Chief and Fire Chief contracts. City Attorney Cutter indicated each contract includes individually negotiated terms based on different concerns. The City Clerk read the Resolution by title. RESOLUTION NO. R- 2012 -46, A RESOLUTION authorizing the Interim City Manager to agree to special employment contract terms providing for severance compensation and health care allowance as part of the employment agreement between Dominic Rizzi, Jr. and the City thereby formalizing the hiring of Dominic Rizzi, Jr. as the new Yakima Chief of Police. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Rick Ensey. Approved. 6 -0. Council Members voting Aye: Adkison , Bristol , Cawley, Coffey-, Ensey, , Lover . Council Members Absent: Ettl . 9. Ordinance authorizing the issuance and sale of water and wastewater revenue refunding bonds in the principal amount of not to exceed $10,000,000 in one or more series to refund (refinance) certain outstanding water and wastewater bonds of the City; and delegating authority to the City Manager or Director of Finance and Budget of the City to approve the final terms of the bonds (first reading). Interim Finance Director, Cindy Epperson, Nancy Neraas from Foster Pepper and Lindsey Sovde of Seattle Northwest Securities addressed the specifics of the ordinance. They will be selling the bonds and placing them in the markets. Ms. Neraas explained these are tax exempt and the reason to replace these bonds with lower rate bonds is to save tax -payer money, which she Page 4 of 6 anticipates will save at least 3 %. The Council will need to adopt a bond ordinance that is very similar to the previous ordinance. An Ordinance authorizing the issuance and sale of water and sewer revenue refunding bonds of the City was read by title only, and laid on the table until April 17, 2012 for a second reading. FIRST READING OF an Ordinance of the City of Yakima, Washington, authorizing the issuance and sale of water and sewer revenue refunding bonds of the City in the principal amount of not to exceed $10,000,000 in one or more series to refund certain outstanding water and sewer bonds of the City; and delegating authority to the City Manager or Director of Finance and Budget of the City to approve the final terms of the bonds. 10. Other Business Mayor Cawley said that he and Assistant Mayor Adkison have conflicts with April 19 -20 to interview City Manager applicants; the dates will be rescheduled. Council Member Bristol advised she would like to move the Executive Session to 12:00 -2:00 instead of 5:00 on April 10. It was Council consensus to do so. A. Memorandum of Understanding (MOU) with Yakima County Establishing Yakima County Title V Community Delinquency Prevention Program Interim City Manager Morales explained this is a grant that the County has qualified for and Council is asked to approve an MOU to memorialize the funding. RESOLUTION NO. R- 2012 -47, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Memorandum of Understanding with Yakima County titled "Yakima County Title V Community Delinquency Prevention Program April 2012 - December 2013 ". Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Bill Lover. Adopted. 6 -0. Council Members voting Aye: Adkison , Bristol , Cawley, Coffey, Ensey , Lover. Council Members Absent: Ettl . B. Motion to contribute $1500 towards playground equipment at La Casa Hogar. Interim City Manager Morales mentioned the La Casa Hogar children's playground equipment was recently stolen and any assistance to replace it would be appreciated. Council Member Coffey suggested contributing $1500 toward the playground equipment. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Assistant Mayor Maureen Adkison. Approved. 5 -1. Council Members voting Aye: Adkison , Bristol , Cawley, Coffey, Ensey. . Council Members voting Nay: Lover. Council Members Absent: Ettl . 11. Adjournment The meeting adjourned at 7:35 p.m. to a Study Session on Tuesday, April 10, 2012 at 10:00 a.m- 12:00 p.m regarding department service levels and Executive Session at 12:00 p.m. -2:00 p.m. to evaluate the qualifications of an applicant for public employment and review the performance of a public employee. The next regular Council Business meeting will be April 17, 2012 at 6 p.m. in the Yakima City Hall Council Chambers. Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Kathy Coffey. Carried. 6 -0. Council Members voting Aye: Adkison , Bristol , Cawley, Coffey, Ensey, , Lover. Council Members Absent: Ettl . CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE Page 5 of 6 ATTEST: CITY CLERK COUNCIL MEMBER DATE MAYOR Page 6 of 6