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Home My WebLink About12/07/2021 Business Meeting 420 ,1 � \ , �, kT MINUTES YAKIMA CITY COUNCIL December 7, 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 Acting City Clerk Jodi Stephens Absent: Councilmember Jason White 2. Open Discussion for the Good of the Order None. 3. Council Reports A. Communication from Councilmember Funk MOTION: Funk moved to direct staff to prepare an ordinance or resolution, for the January 4th Council meeting. Once the ordinance is passed, staff will report progress monthly. I. Secure parking lots for Homestead Act vehicles (people sleeping in cars). A. The City will designate City-owned parking lots for Homestead Act vehicles. B. The City will encourage private owners to volunteer parking lots for Homestead Act vehicles and provide support. C. Conditions for secure parking lots for Homestead Act vehicles: 1.A secure perimeter fence is desirable though not required. 2. Video camera is highly desirable. 3. Port-a-potties will be made available and checked periodically by Clean City staff. 4. Persons threatening others, committing illegal acts, creating noise/profanity problems, creating health risk, or spreading trash, will be excluded by no-trespass orders (private) or no-contact orders (public). 5. Other requirements of RCWs. II. Yakima police officers will ask persons experiencing homelessness whether they would use: A.A shelter space with a locked door. B.A secure parking lot if they are sleeping in their own vehicles. III. The City of Yakima will designate "no sit/ no lie" Shelter Protection Area Page 1 of 7 421 around downtown shelters. IV. The Yakima City Planning Department will initiate a rezone of all City and County owned land in the Pacific Ave Jail complex to a zoning category which will allow low-barrier shelters(s). The motion died for a lack of a second, White absent. Council discussed the option to split the motion into four separate motions. MOTION: Funk moved and Hill seconded to direct City staff to prepare an ordinance(s) or resolution(s), for the January 4th Council meeting. Once the ordinance or resolution is passed, staff will report progress monthly. I. Secure parking lots for Homestead Act vehicles (people sleeping in cars). A. The City will designate City-owned parking lots for Homestead Act vehicles. B. The City will encourage private owners to volunteer parking lots for Homestead Act vehicles and provide support. C. Conditions for secure parking lots for Homestead vehicles: 1. A secure perimeter fence is desirable though not required. 2. Video camera is highly desirable. 3. Port-a-potties will be made available and checked periodically by Clean City staff. 4. Persons threatening others, committing illegal acts, creating noise/profanity problems, creating health risk, or spreading trash, will be excluded by no-trespass orders (private) or no-contact orders (public). 5. Other requirements of RCWs. After discussion, MOTION: Hill moved and Cousens seconded to call for the question. The call for the question carried by unanimous vote, White absent. The Clerk reread the motion, which failed by unanimous vote, White absent. MOTION: Hill moved and Funk seconded that the city will designate parking lot(s)for Homestead Act vehicles on City-owned land east of 1-82 with a behavior management system, contiguous fence, gates, site management and monitoring as well as any other applicable condition as established by formal agreements with other entities or by law. The motion carried by unanimous vote, White absent. MOTION: Hill moved and Funk seconded that the City will designate a "no sit/ no lie" Shelter Protection Area around downtown shelters. After discussion, the motion failed by unanimous vote, White absent. 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. Items 4E and 4L were removed from the consent agenda. 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 November 16, 2021 City Council regular meeting Page 2 of 7 422 B. Project Completion and Acceptance for Instituform Technologies, LLC. - Project 2495 Cured In Place Pipe Rehabilitation of Sanitary Sewer Mains C. Resolution announcing Council Business meeting schedule for 2022 RESOLUTION NO. R-2021-158,A RESOLUTION adopting the City Council 2022 regular business meeting schedule. D. Resolution authorizing a contract with the Department of Revenue authorizing an increase in the Tourism Promotion Area (TPA)fee RESOLUTION NO. R-2021-159,A RESOLUTION authorizing an interlocal agreement between the State of Washington Department of Revenue (DOR)and the City of Yakima, approving an increase in the Tourism Promotion Area (TPA)fee, and authorizing DOR to administer and collect the lodging charges. E. This item was removed from the consent agenda F. Resolution authorizing grant acceptance from the Washington State Department of Commerce, Community Development Block Grant- Coronavirus (CDBG-CV2) funds in the amount of$213,181. RESOLUTION NO. R-2021-160,A RESOLUTION authorizing acceptance of a grant from the State of Washington Department of Commerce in federal Community Development Block Grant-Coronavirus (CDBG-CV2) in the amount of$213,181. G. Resolution ratifying City Manager's execution of the Probation Services Agreement between the City of Yakima and Yakima County. RESOLUTION NO. R-2021-161,A RESOLUTION ratifying City Manager's execution of the Probation Services Agreement between the City of Yakima and Yakima County. H. Resolution authorizing a contract with Hurst Construction, LLC. for Project 2548 Wastewater Collection System Improvements RESOLUTION NO. R-2021-162,A RESOLUTION authorizing a contract with Hurst Construction, LLC. for Project 2548 Wastewater Collection System Improvements. Ordinance Amending Municipal Code 3.15 Equipment Rental & Replacement Fund (second reading) ORDINANCE NO. 2021-041,AN ORDINANCE amending Municipal Code 3.15 Equipment Rental & Replacement Fund language to reflect current practice and administration. J. Ordinance amending the City of Yakima Municipal Codes Section 3.125.010, Clean City Fund (second reading) ORDINANCE NO. 2021-042,AN ORDINANCE amending the City of Yakima Municipal Code Section 3.125.010, Clean City Fund. K. Ordinance amending the 2021 Budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2021 for various purposes (First Reading) First reading of AN ORDINANCE amending the 2021 Budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various funds for Page 3 of 7 423 expenditure during 2021 for various purposes described in the attached Schedule. L. This item was removed from the consent agenda Items Removed from the Consent Agenda A. Resolution authorizing the City Manager's authority to resolve and settle any claims against or by the City of Yakima in an amount of$100,000 or less, and to execute all documents necessary for such claims. Councilmember Funk spoke in opposition to the resolution and would like the new Council members to have a say on this item. MOTION: Hill moved and Funk seconded to move this item to the January 4, 2022 regular business meeting. The motion carried by unanimous vote, White absent. B. Ordinance adopting the 2022 Budget for the City of Yakima Councilmember Funk shared her thoughts and concerns on the budget. 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. 2021-043,AN ORDINANCE adopting a budget for the City of Yakima, Washington, for the year 2022; and making appropriations for estimated expenditures. 5. Public Comment Andrew Holt, Executive Director Downtown Association of Yakima (DAY) offered to have the Downtown Association help with data collection. PUBLIC HEARINGS 6. Closed record public hearing and Resolution 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 Mayor Byers stated this is a closed record public hearing and the Council is sitting in its quasi- judicial capacity. She stated because this is a quasi-judicial hearing, there is an appearance of fairness doctrine and Council will need to answer the following questions: 1. Do you have any interest in the property or the application, or do you own property within 300 feet of the property subject to the application? Council responded they did not. 2. Do you stand to gain or lose any financial benefit as a result of the outcome of the appeal? The response from Council was no. 3. Can you hear and consider the application in a fair and objective manner? Council stated they could. 4. Have you had any ex parte communications with the developer or anyone else regarding this proposed subdivision? Council members stated they have not had any ex parte communications. Mayor Byers asked if anyone wished to challenge any council member's participation in this Page 4 of 7 424 matter on appearance of fairness grounds, and no one from the audience spoke to the issue. Mayor Byers introduced Senior Planner Eric Crowell who provided the staff report and informed Council that Mike Heit is available for any questions. Mayor Byers opened the public hearing and, with no one calling in to speak, closed the hearing. The City Clerk read the resolution by title only. MOTION: Cousens moved and Lund seconded to adopt the resolution. The motion carried by a unanimous vote, White absent. RESOLUTION NO. R-2021-163,A RESOLUTION approving the Preliminary Long Plat of Apple Tree No. 4— Phase 2, a 32-lot subdivision with 3 tracts, located at 9300 Apple Tree Pkwy. 7. Closed record public hearing and Resolution to consider the Hearing Examiner's recommendation regarding the master planned development and development agreement submitted by Roberto Arteaga and Araceli Gonzales Tello located at 9503, 9509, 9515 Tieton Drive Mayor Byers stated this is a closed record public hearing and the Council is sitting in its quasi- judicial capacity. She stated because this is a quasi-judicial hearing, there is an appearance of fairness doctrine and Council will need to answer the following questions: 1. Do you have any interest in the property or the application, or do you own property within 300 feet of the property subject to the application? Council responded they did not. 2. Do you stand to gain or lose any financial benefit as a result of the outcome of the appeal? Council's response was no. 3. Can you hear and consider the application in a fair and objective manner? Council stated they could. 4. Have you had any ex parte communications with the developer or anyone else regarding this proposed subdivision? No Council members have had any ex parte communications. Mayor Byers asked if anyone wished to challenge any council member's participation in this matter on appearance of fairness grounds, and no one from the audience spoke on the issue. Mayor Byers introduced Senior Planner Eric Crowell who provided the staff report. On behalf of the developer, Leanne Liddicoat expressed her appreciation of City staff. Mayor Byers opened the public hearing and, with no one calling in to speak, closed the hearing. The City Clerk read the resolution by title only. MOTION: Cousens moved and Lund seconded to adopt the resolution. The motion carried by unanimous vote, White absent. RESOLUTION NO. R-2021-164,A RESOLUTION approving the Master Planned Development (PD#001-21)and authorizing and directing the City Manager to execute a Development Agreement with Roberto Arteaga and Araceli Gonzales Tello (herein after "Developer")to provide for the terms and conditions of development of a preliminary short plat and planned development to be located at 9503, 9509, and 9515 Tieton Dr., in the City of Yakima. Page 5 of 7 425 DEPARTMENT ITEMS 8. Discussion relating to the Transportation Benefit District; modifying the Transportation Improvements to be funded by the District Scott Schafer, Director of Public Works, discussed the existing Transportation Benefit District (TBD) Project List and four projects that could be added to the list, noting that adding to the list would require a public hearing. MOTION: Hill moved and Macias seconded to add the following three projects to the TBD list and to set a public hearing as soon as possible after today: 1) Intersection at 66th Ave. & Englewood -cost to be determined as a warrant analysis needs to be conducted to determine what safety improvements may be necessary; 2) Nob Hill Blvd. (34th Ave to 44th Ave.) -approximately $635,000; grind &overlay; and 3) 40th Ave./Chestnut intersection -cost to be determined as an Engineering Study needs to be conducted first to determine what safety improvements may be necessary. The motion carried by unanimous vote, White absent. Council members discussed the 6th Ave. Trolley Track project. Councilmember Hill requested an accounting of the federal funding that could potentially be lost or need to be reimbursed if the trolley tracks are removed. Assistant Mayor Cousens noted that the community and the Trolley Association should be involved in the discussion. Councilmember Lund asked if the financial information could be available by the first week of January. City Manager Harrison stated an update would be provided to Council. MOTION: Lund moved and Cousens seconded to set a public hearing for December 21, 2021 for these projects that also includes the information Councilmember Hill is requesting regarding the trolley funding. The motion carried by unanimous vote, White absent. 9. Downtown Data Collection City Attorney Watkins introduced the item and provided information on a draft data collection plan and sample data collection logs regarding persons sitting or lying on sidewalks in Yakima. After Council discussion, MOTION: Hill moved and Cousens seconded to direct City staff to collect data to evaluate if a "no sit/no lie" ordinance is viable, and also to determine the needs of the homeless population to determine the specifications needed for a potential day center. The motion failed by a 3-3 vote with Funk, Lund and Macias voting no, White absent. 10. Other Business Councilmember Hill spoke briefly about policing priorities. Mayor Byers expressed disappointment in the results of the downtown data collection vote. Council members discussed items attached to agenda item 3A: Neglected Opportunities to Create Low-Cost, Secure, Temporary Alternatives for unhoused people, Conestoga Huts, Garden Storage Sheds and Pallet Shelters. City Manager Harrison reported outreach has been made to Low Income Housing Institute (LIHI) and on November 15th Yakima County issued an RFP for$4.4 million in Cares Act funds Page 6 of 7 426 for homeless individuals; scheduled to be awarded in January. These funds cannot be used for capitol projects. Councilmember Lund requested details of the expenditures of the HOME Fund and how the money is spent. City Manager Harrison indicated he would have that information added to the weekly report. Councilmember Hill asked if it would be possible to use Clean City programs to provide site management. City Manager Harrison mentioned there is a $60,000 contract with SunRise Outreach as part of Clean City and the intent is to end that contract in April with the $60,000 repurposed. 11. Adjournment MOTION: Cousens moved and Hill seconded to adjourn to the next regular business meeting on December 14, 2021 at 5:30 p.m. via Zoom. The motion carried by unanimous vote, White absent. The meeting adjourned at 8:42 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY , ..„ 7112 / /01,,i COUNCIL MEMBER DATE COUNCIL MEMBER DATE ATTEST: /20. ala 617t CITY CLERK • -* • MAYOR ` SEAL w, r: j 1 *. R Page 7 of 7