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11/16/2021 04.A. Approval of minutes from the November 1, 2021 City Council regular meeting and November 9, 2021 City Council study session 1 • rr 11 i • \k i'O enc nrry BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.A. For Meeting of: November 16, 2021 ITEM TITLE: Approval of minutes from the November 1, 2021 City Council regular meeting and November 9, 2021 City Council study session SUBMITTED BY: Sonya Claar Tee, City Clerk SUMMARY EXPLANATION: See attached. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Approve minutes. ATTACHMENTS: Description Upload Date Type d 11-1 11/2/2021 Corer Memo ❑ 11-9 11/10/2021 Corer Memo 2 A•••••******...'•1'->„ MINUTES YAKIMA CITY COUNCIL November 1, 2021 City Hall -- Council Chambers 5:30 p.m. Regular meeting 6:00 p.m. public hearings --conducted via Zoom 1. Roll Call Present: Mayor Patricia Byers, presiding,Assistant Mayor Holly Cousens and Councilmembers Kay Funk, Brad Hill, Soneya Lund and Eliana Macias Staff: City Manager Robert Harrison, City Attorney Sara Watkins and City Clerk Sonya Claar Tee Absent: Councilmember Jason White 2. Open Dis io*r th the Or r A. oclamations i. fa Court Awareness th roclamation Mayor Byers proclaimed the month of November as"Family Court Awareness Month." 3. Council Reports None. 4. Consent Agenda Mayor Byers referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from Council members present. There were no changes. 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: Cousens moved and Macias seconded to approve the consent agenda. The motion carried by unanimous vote, White absent. A. Approval of minutes from the October 19, 2021 City Council regular meeting B. Set date of December 7, 2021 for a closed record public hearing to consider the Hearing Examiner's recommendation regarding the preliminary plat of Apple Tree No 4 Phase 2 submitted by Apple Tree Construction Company LLC, located at 9300 Apple Tree Parkway Page 1 of 6 3 C. Set date of December 7, 2021 for a closed record public hearing to consider the Hearing Examiner's recommendation regarding the master planned development for Roberto Arteaga /Araceli Gonzales Tello located at 9503, 9509, and 9515 Tieton Drive D. Set date of December 14, 2021 for a closed record public hearing to consider the Yakima Planning Commission's recommendation regarding the preliminary long plat for Plat of Aspen Estates - Phase 2, located at in the vicinity of W Washington Ave & S64thAve E. Set date of December 14, 2021 for a closed record public hearing to consider the Hearing Examiner's recommendation regarding the master planned development for Greg &Adele Bainter, located at 502 S 90th Avenue F. Resolution authorizing a grant agreement with the Federal Transit Administration to provide funding assistance for six fixed-route transit buses RESOLUTION NO. R-2021-140,A RESOLUTION authorizing a Grant Agreement with the US. Department of Transportation, Federal Transit Administration to provide funding assistance for six fixed-route transit buses. G. Resolution adopting the Pedestrian Master Plan RESOLUTION NO. R-2021-141,A RESOLUTION adopting the City of Yakima Pedestrian Master Pla H. ' ;_'solutio :ut ima I Dis t School Re rce Officer contract RESOLUT IN NO -2 1 1-14 R= • u •N uthorizing an erlocal School Resource I . eem t with School 's t No. 7 for th ontinuation of the school resource officer program during the 2021-2022 school year I. Resolution authorizing revocable license agreement with the Yakima School District for the Yakima School District's construction and use of a storage shed at Martin Luther King Jr. Park RESOLUTION NO. R-2021-143,A RESOLUTION authorizing a revocable license agreement with the Yakima School District for the Yakima School District's construction and use of a storage shed at Martin Luther King Jr. Park J. Resolution authorizing a collective bargaining agreement for 2022-2026 with the American Federation of State, County and Municipal Employees (AFSCME) Local 1122 representing the Municipal employee bargaining unit RESOLUTION NO. R-2021-144,A RESOLUTION authorizing a collective bargaining agreement for 2022-2026 with the American Federation of State, County and Municipal Employees (AFSCME) Local 1122 representing the Municipal employee bargaining unit. K. Resolution authorizing the Yakima Downtown Development and Promotion Agreement with the Downtown Association of Yakima Regarding Additional Funds Available Under the Main Street Tax Credit for the Year 2021-2022 RESOLUTION NO. R-2021-145,A RESOLUTION authorizing the Yakima Downtown Development and Promotion Agreement with the Downtown Association of Yakima Regarding Additional Funds Available Under the Main Street Tax Credit For the Year 2021-2022. Page 2 of 6 4 L. Ordinance Creating Custodial Fund 633 and adding Municipal Code Section 3.126 (First Reading) First reading of AN ORDINANCE authorizing the establishment of a Fiduciary Fund 633 "Custodial Fund" to account for the monies collected on behalf of another agency and adding Municipal Code Section 3.126. 5. Public Comment None. PUBLIC HEARINGS 6. Public Hearing and ordinance to amend Yakima Municipal Code 7.64.030 to increase the refuse tax Public Works Director Scott Schafer briefed Council on the ordinance. Mayor Byers opened the public hearing and, with no one calling in to speak, closed the hearing. The City Clerk read the ordinance by title only. MOTION: Cousens moved and Funk seconded to pass the ordinance. The motion carried by unanimous vote, White absent. ORDINANCE NO. 2021-029,AN ORDINANCE amending the City of Yakima Municipal Code Section 7.64.030 Refuse Tax. 7. Public Hea g and . ,in. e to a nd Y Muni al Code 7. 40 to increase the stormwater x Public Wor Dir- Sci Scha •r' ed Co it the ordinanc Mayor Byers opened the public h-. • .nd, wi no one .4 g in to s , losed the he ng. Mayor Byers stated this issue was discussed during the budget study sessions and although she is in favor of enhancing the Clean City program, this increase would be in excess and is not necessary. After Council discussion, The City Clerk read the ordinance by title only. AN ORDINANCE amending the City of Yakima Municipal Code Section 7.64.040 Stormwater Tax MOTION: Hill moved and Lund seconded to pass the ordinance. Due to the City Charter amendment requiring a minimum affirmative vote of five members on any councilmanic tax increase, the motion failed by a 4-2 vote, Byers and Cousens voting no, White absent. 8. First public hearing on the 2022 Preliminary Budget for the City of Yakima Jennifer Ferrer-Santa Ines, Finance and Budget Director, briefed Council on the 2022 budget. Mayor Byers opened the public hearing and,with no one calling in to speak, closed the hearing. 9. Public hearing and ordinances pertaining to Ad Valorem Taxes to be levied for collection in Fiscal Year 2022 Jennifer Ferrer-Santa Ines, Finance and Budget Director, briefed Council on the Ad Valorem taxes. Mayor Byers opened the public hearings and, with no one calling in to speak, closed the hearings. Councilmember Funk is concerned about accounting jargon obscuring how this affects our general fund and ability to fund police and fire.After Council discussion, the City Page 3 of 6 5 Clerk read the ordinances by title only. A. AN ORDINANCE relating to the annual property tax levy; declaring the City Council's intent to increase the City's 2022 regular levy up to 101% along with new construction, annexation, refunds and growth in state-assessed property values from the amount levied the previous year. B. AN ORDINANCE fixing and levying the amount of ad valorem taxes necessary to discharge the expected expenses and obligations for the 2022 Budget for the City of Yakima. MOTION: Hill moved and Cousens seconded to pass the ordinances. Due to the City Charter amendment requiring a minimum affirmative vote of five members on any councilmanic tax increase, the motion failed by a 4-2 vote, Byers and Funk voting no, White absent. MOTION: Funk moved and Hill seconded to direct staff to add to the ordinances language: 1)that the levy rate is 3.1 and has not changed, and 2)that our collection rate has decreased from 3.1 to a projection of 2.32 and that the term where it says tax levy in the first sentence, add a definition to that. The motion carried by unanimous vote, White absent. 10. Open record public hearing to consider the Yakima Planning Commission's recommendation on a Comprehensive Plan Amendment (CPA#002-21)and Rezone (RZ#002-21) request submitted by Yakima Valley Farmworkers Clinic Planning Manager Joseph Calhoun introduced the comprehensive plan amendment process. Senior Pla .r M. Coun' ' en the i ned the public hearing. Mi Heit H Engin: ring, i• ant r resentative, s ke in support of the amendment With n• ne - . in t, ..: ., M s clos the hearing. MOTION: •us • o d an. n -econ• • t dopt the PI ning Commission findings b - - nce a • direct - to prep. - e appropriat rdinance for consideration. The motion carried by unanimous vote, White absent. 11. Open record public hearing to consider the Yakima Planning Commission's recommendation on a Comprehensive Plan Amendment(CPA#003-21) and Rezone (RZ#003-21) request submitted by Racquet Lane Townhomes Planning Manager Joseph Calhoun briefed Council on the item. Mayor Byers opened the public hearing. Tom Durant, applicant representative, spoke in support of the project. With no one else calling in to speak, Mayor Byers closed the hearing. MOTION: Cousens moved and Hill seconded to adopt the Planning Commission findings by reference and direct staff to prepare the appropriate ordinance for consideration. The motion carried by unanimous vote, White absent. 12. Open record public hearing to consider the Yakima Planning Commission's recommendation on a Comprehensive Plan Amendment (CPA#004-21)and Rezone(RZ#004-21) request submitted by 2906 West Nob Hill LLC Senior Planner Trevor Martin briefed Council on the item. Mayor Byers opened the public hearing. Tom Durant, applicant representative, spoke in support of the project. With no one else calling in to speak, Mayor Byers closed the hearing. MOTION: Cousens moved and Funk seconded to adopt the Planning Commission findings by reference and direct staff to prepare the appropriate ordinance for Page 4 of 6 6 consideration. The motion carried by unanimous vote, White absent. 13. Open record public hearing to consider the Yakima Planning Commission's recommendation on a Comprehensive Plan Amendment (CPA#005-21)and Rezone (RZ#005-21) request submitted by Rick Hargraves Planning Manager Joseph Calhoun briefed Council on the item. Mayor Byers opened the public hearing and, with no one calling in to speak, closed the hearing. MOTION: Cousens moved and Hill seconded to adopt the Planning Commission findings by reference and direct staff to prepare the appropriate ordinance for consideration. The motion carried by unanimous vote, White absent. 14. Open record public hearing to consider the Yakima Planning Commission's recommendation on a Comprehensive Plan Amendment (CPA#006-21)and the Hearing Examiner's recommendation on a project-specific Rezone (RZ#006-21) request submitted by Kerry and Gina Martin Senior Planner Trevor Martin briefed Council on the item. Mayor Byers opened the public hearing and, with no one calling in to speak, closed the hearing. MOTION: Cousens moved and Funk seconded to adopt the Planning Commission and Hearing Examiner findings by reference and direct staff to prepare the appropriate ordinance for consideration. The motion carried by unanimous vote, White absent. 15. Open record public hearing to consider the Yakima Planning Commission's recommendation on a Comp Pla -nt(CP 07-21 -21) request submitted b asey . d ' ac Planning M ager J i -p alh. brie it the item and lained staffs recommend •• • ect e Plan . mmiss 's dings due to ompatibilities. Mayor Byers opened the public hearing. Leanne Liddicoat, applicant representative, spoke in support of the request. With no one else calling in to speak, Mayor Byers closed the hearing. After Council discussion, MOTION: Cousens moved and Hill seconded to adopt the Planning Commission findings by reference and direct staff to prepare the appropriate ordinance for consideration. The motion carried by unanimous vote, White absent. DEPARTMENT ITEMS 16. Consideration of 2022 State& Federal Legislative Priorities Randy Beehler, Communication &Public Affairs Manager, reviewed the 2022 State and Federal Legislative Priorities.After Council discussion, MOTION: Byers moved and Cousens seconded to change the wording of the two items with specific bill names to "consideration of passage." The motion failed by a 4-2 vote, Funk, Hill, Lund and Macias voting no, White absent. Mr. Beehler noted they received information regarding the 1-82 exchange between Yakima and Union Gap, which could be added to the federal legislative priorities list. MOTION: Hill moved and Cousens seconded to add the 1-82 issue to the Actively Page 5 of 6 7 Pursue category of the federal priorities list. The motion carried by unanimous vote, White absent. After further Council discussion, MOTION: Funk moved and Hill seconded that we direct staff to narrow and prioritize the state legislative priorities list. The motion carried by unanimous vote, White absent. MOTION: Funk moved and Hill seconded that the City of Yakima, through 2022 State Legislative Priorities, Actively Pursue legalization of automated monitoring and citation for speeding on city streets by cameras that capture speed and license plate numbers. The motion carried by unanimous vote, White absent. Communication & Public Affairs Manager Beehler will bring back revised priorities to the next business meeting. 17. Other Business Councilmember Funk shared her thoughts on the Municipal Court 3rd Quarter Report information item. 18. Adjournment MOTION: Cousens moved and Funk seconded to adjourn to a City Council study session on November 9, 2021, at 5 p.m. via Zoom. The motion carried by unanimous vote, White absent. The meeting adjourned at 7:23 p.m. CERTIFICATION READ AND CERTI ED A• U TE COUNCIL MEMBER DATE COUNCIL MEMBER DATE ATTEST: CITY CLERK MAYOR Page 6 of 6 8 *****•••••11)",„ 00) 11 I i MINUTES YAKIMA CITY COUNCIL STUDY SESSION November 9, 2021 City Hall --Council Chambers 5:00 p.m. meeting conducted via Zoom 1. Roll Call Present: Mayor Patricia Byers, presiding, and Councilmembers Kay Funk(raised her hand showing her attendance as audio temporarily unavailable), Brad Hill and Eliana Macias Staff: City Manager Robert Harrison, City Attorney Sara Watkins and City Clerk Sonya Claar Tee Absent:Assistant Mayor Holly Cousens (excused), Councilmember Soneya Lund (excused) and Councilmemb son i 2. Public commen allow mi tes) City residents id Morales a d Keally Ci slik e support of th proposed redis ing map. Ilk/ 3. 2020 Census City Council Redistricting Report and Maps City Manager Harrison reported the proposed maps were created by I.T. Services Supervising Senior Analyst Tom Sellsted. City Attorney Sara Watkins reviewed Judge Rice's order relating to redistricting, outlined the process for redistricting and answered questions from Council. She noted this is the initial review, which will require additional analyzation and no action is expected at this time. Ms. Watkins reported this issue will be brought back for further Council review next year. 4. Public Safety Issues in Downtown City Manager Harrison reviewed public safety issues in downtown. Mayor Byers asked what can be done about urinating and defecating in public. Chief Murray responded that an officer must witness the action in order to write a citation. He added there are times when officers are engaged in more serious crime and are not able to respond. Councilmember Funk shared her written remarks and suggested external facing restrooms with surveillance could be included with the City remodel. City Manager Harrison reminded Council the City is looking at a possible partnership for a day camp with restroom facilities utilizing ARPA funds; however, there would be ongoing unfunded maintenance and operation costs. Page 1 of 2 9 Council members asked about hiring security to handle some of the downtown issues. Chief Murray reported the Police Department cannot create an agent of the police or transfer responsibility. He noted if businesses hire private security it is a great deterrent. Councilmember Hill asked if additional ordinances, such as Everett and Gig Harbor have, would be helpful in combating some of the issues in downtown. City Attorney Watkins reported other cities have ordinances prohibiting sitting or lying down in certain areas during certain times; however, date collection and surveys are required in order to create such ordinances. Councilmember Hill asked what action could be taken at this meeting.After Council discussion, City Attorney Watkins reported she will bring an outline for a required survey at the December 7 Council meeting. Councilmember Funk suggested the City: 1)initiate parking lots for Homestead Act vehicles with a secure perimeter, porta-potty and anyone causing problems would be excluded; 2) have police officers survey the homeless on whether they would go to a shelter if they could have a Conestoga Hut with a lockable door and defensible space and 3)create a shelter protection area.After discussion, Councilmember Hill suggested Councilmember Funk tighten up her ideas and bring to a Council meeting for a vote. 5. Adjournment MOTION: Hill moved and Funk seconded to adjourn to a City Council regular meeting on November 16, 2021, at 5:30 p.m.via Zoom. The motion carried by unanimous vote, Cousens, Lund and White absent. The meeting adjourned at 6:19 p.m. CERTIFICATION READ AND CERTI I ED A( U T OUNCIL M BER DATE COUNCIL MEMBER DATE ATTEST: CITY CLERK MAYOR Page 2 of 2