HomeMy WebLinkAbout07/20/2007 Special Meeting 430
SPECIAL MEETING
JULY 20, 2007 — 9:00 A.M.
COUNCIL CHAMBERS — CITY HALL
1. Roll Call
Present:
Council: Acting Mayor Neil McClure presiding, Council Members Ron Bonlender,
Micah Cawley, Norm Johnson, Bill Lover, and Susan Whitman
Staff: City Manager Zais, City Attorney Paolella and City Clerk Moore
Absent: Mayor Dave Edler (excused)
Council Member Cawley gave an invocation and led the Pledge of Allegiance.
2. Consideration of Ordinance amending the Yakima Municipal Code relating to criminal
street gang activity
The City Clerk read the Ordinance by title; LOVER MOVED AND JOHNSON SECONDED
TO ADOPT THE ORDINANCE. Council Member Lover read the Sunnyside ordinance in its
entirety. He also spoke against the modified version that had been presented at the last
Council meeting. Council Member Johnson spoke about the need to go to Olympia and
insist the juvenile code be changed.
• Public Input
Mary McDaniels, 905 Walker Street, agreed there is a gang problem, but expressed concern
for adopting the Sunnyside version of the ordinance fearing vulnerability of lawsuits. She
thought the ordinance prepared by the Legal Department was a better ordinance. She said
we also need to be sure we don't increase the opportunity for racial profiling. The focus
should be on prevention and community policing.
Hector Franco expressed his opinion that the City Council is going the wrong way on the
gang issue. The ordinance is overly broad, especially Item C, Parental Control. The
Council has not talked about prevention.
Alonzo Marquis, 613 N. 3rd St., accused the Council of not thinking this through but just
trying to do something quickly. It will be challenged and will cost the taxpayers a lot of
money.
Rick Ensey, 1616 Gordon Road, said you can't be so worried and concerned about what is
going to happen in the future that you fail to act in the present. We need to pass this
ordinance and send a message to Olympia that something has to be done.
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SPECIAL MEETING JULY 20, 2007
Enrique Lopez, 1013 S. 2nd Ave, applauded Council for trying to do something to clean up .
the city but is concerned about Hispanics being profiled as gang members.
Kathy Coffey, 340 N. 22 Ave, believes our police use discretion and this is just a tool for
them to use. Prevention is crucial, but that is not what we are here to discus today. This is
an important tool for the City that the police can use.
Lynne Kittelson, 305 N. 9th Street, suggested the Police Department hold more citizen
academy sessions. We want profiling of behavior patterns, not people, and if a person
engages in a behavior pattern unacceptable to the community, they need to accept the
consequences no matter what race they are.
Betty Rohrich, Hamilton Avenue, said she was behind the Council 100% in passing this
ordinance.
Council Member Bonlender commented that no ordinance is perfect and we will enforce this
one carefully. Council Member McClure questioned .staff about specific details within the
ordinance. He expressed concern about the Sunnyside ordinance actually ending up being
weaker than the one presented by the Legal staff on Tuesday. Council Member Whitman
said she is in favor of a gang ordinance, but was also concerned about the potential for
lawsuits and the need to be good stewards of the City's money. She agreed there is a need
to strongly lobby Olympia for a state law.
McCLURE MOVED TO AMEND THE ORDINANCE BY STRIKING THE PHRASING
UNDER THE PENALTY PHASE AND UNDER 6.11.030 THE MENTION OF ACTIVE
PARTICIPATION IN STREET GANG IS ALL THAT IS REQUIRED, AND STRIKE IT
EVERYWHERE IT IS MENTIONED, AND WOULD LIKE TO INSERT, UNDER 3 ON
6.11.060, WHAT WE HAD PUT TOGETHER BOTH 1 AND 2 OF OUR ORIGINAL
ORDINANCE, APPLICATION OF MANDATORY MINIMUMS WHICH SAYS THAT IF THE
COURT FINDS BY PREPONDERANCE OF THE EVIDENCE THAT THE CRIME WAS
COMMITTED FOR THE BENEFIT OF OR AT THE DIRECTION OF OR IN ASSOCIATION
WITH ANY CRIMINAL STREET GANG WITH SPECIFIC INTENT TO PROMOTE OR
ASSIST CONDUCT OF GANG MEMBERS, THE COURT SHALL IMPOSE THE
MANDATE. The motion died for lack of second.
McCLURE MOVED AND WHITMAN SECONDED TO AMEND THE ORDINANCE TO
STRIKE UNDER 6.11.090, UNDER PARENTAL CONTROL, THE PHRASE THAT
CURRENTLY READS "ANY PARENT, LEGAL GUARDIAN,. OR ADULT PERSON
AUTHORIZED BY SAID PARENT OR GUARDIAN TO HAVE THE CARE AND CUSTODY
OF MINOR WHO KNOWINGLY PERMITS" AND THEN STRIKE "OR By M►c► UFF!C!ENT
CONTROL A MINOR TO VIOLATE ANY PROVISION OF THIS CHAPTER ".
The carried by unanimous roll call vote; Edler absent.
McCLURE MOVED AND WHITMAN SECONDED TO COMPLETELY STRIKE 6.11.100.
The motion failed by 4 -2 roll call vote; Cawley, Johnson, Lover and Bonlender voting nay,
Edler absent.
The question was called for a vote on the amended motion. The motion carried by a 5 -
roll call vote, McClure voting nay and Edler absent.
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SPECIAL MEETING JULY 20, 2007
3. Adjourn
CAWLEY MOVED AND BONLENDER SECONDED TO ADJOURN. The motion carried by
unanimous voice vote; Edler absent. The meeting adjourned at 10:45 a.m. Motion to
adjourn at 10:45
READ AND CERTIFIED ACCURATE BY / �ii� � � J . � �
C • U M . p• DATE
CO CIL MEMBER DATE
ATTEST:
Li /
Dom_
CITY CLERK NEIL McCLURE, MAYOR PRO TEM
Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office
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