HomeMy WebLinkAbout04/05/2022 06.E. Ordinance adding a new Chapter 3.130 Biennial Budget to Title 3 of the Yakima Municipal Code and amending municipal code sections to reflect the biennial budget 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.E.
For Meeting of:April 5, 2022
ITEM TITLE: Ordinance adding a new Chapter 3.130 Biennial Budget to Title 3
of the Yakima Municipal Code and amending municipal code
sections to reflect the biennial budget
SUBMITTED BY: Jennifer Ferrer-Santa Ines, Director of Finance and Budget
SUMMARY EXPLANATION:
The development and adoption of a budget by the City is a lengthy and intense process subject
to limited amounts of available time which reduces opportunities for deliberating other issues of
importance by the City Council. Additionally, biennial budgeting will provide an opportunity for
better long-range and strategic financial planning and consolidation of efforts invested in the
budget development and approval process, thereby improving services to the citizens of Yakima.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Pass Ordinance
ATTACHMENTS:
Description Upload Date Type
0 urainance real i ne 3/22/2022 Ordinance
E Ordinance 3/22/2022 Ordinance
d Memo 3/22/2022 Corer Memo
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ORDINANCE NO. 2022-
AN ORDINANCE adding a new Chapter 3.130 Biennial Budget to Title 3 of the Yakima
Municipal Code and amending municipal code sections to reflect the
biennial budget.
WHEREAS, the City of Yakima is a First-Class City with its own Charter and under RCW
35.22.195 "shall have all of the powers which are conferred upon incorporated cities and towns
by Title 35 RCW, or other laws of the state, and all such powers as are usually exercised by
municipal corporations of like character and degree"; and
WHEREAS, City of Yakima currently prepares and manages its budget on an annual
basis; and
WHEREAS, the City may establish, by ordinance, a biennial budget and to provide the
means for modification of such budget in lieu of the annual budget; and
WHEREAS,the development and adoption of a budget by the City is a lengthy and intense
process subject to limited amounts of available time which reduces opportunities for deliberating
other issues of importance by the City Council; and
WHEREAS, biennial budgeting will provide an opportunity for better long-range and
strategic financial planning and consolidation of efforts invested in the budget development and
approval process, thereby improving services to the citizens of Yakima; and
WHEREAS, RCW 35A.34.040 provides that an ordinance establishing the two-year fiscal
biennium budget must be adopted at least six months prior to the commencement of the fiscal
biennium; and
WHEREAS, various chapters of the Yakima Municipal Code reference an annual budget
and, therefore, establishment of a biennial budget requires housekeeping amendments to ensure
consistency in the municipal code; and
WHEREAS, pursuant to the Yakima City Charter, the City Council will continue to be
provided an annual budget by the City Manager and the ability to amend the budget pursuant to
law; and
WHEREAS, the City Council finds that it is in the best interests of the City of Yakima to
utilize a fiscal biennium budget beginning January 1, 2023; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Biennial Budget Established-Amendment to Title 3 Revenue and
Finance. A new Chapter 3.130 Biennial Budget, is added to Title 3 establishing a two-year
biennium budget beginning January 1, 2023, as set forth below:
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Chapter 3.130 BIENNIAL BUDGET
3.130.010 Two-year fiscal biennium budget established.
3.130.015 Adoption procedures for two-year biennium budget preparation.
3.130.020 Mid-biennial review and modification.
3.130.025 Reference to "budget" or annual budget"
3.130.010 Two-year fiscal biennium budget established.
There is hereby established for the City of Yakima a two-year fiscal biennium
budget beginning with the two-year biennium which commences on January 1, 2023.
3.130.015 Adoption procedures for two-year biennium budget preparation.
The 2023-2024 biennial budget and all subsequent budgets shall be prepared,
considered, and adopted according to the provisions of this chapter law as presently
constituted or as hereinafter amended,
3.130.020 Mid-biennial preparation, submission, review and modification.
A. There shall be a mid-biennial review and modification of the fiscal biennium
budget.
B. No sooner than eight months after the start of the first year of the fiscal
biennium, nor later than the first regularly schedule city council meeting in
November of the first year of each fiscal biennium, if appropriate, the city manager
shall prepare and submit to the Council a proposed budget modification for the
upcoming fiscal year and shall provide for publication of notice of hearings
consistent with publication of notices for adoption of other City ordinances. The
city manager shall distribute such proposed budget modification to the members
of the city council, which shall become a public record and copies shall be made
available to the public upon request.
C. A public hearing regarding the modification shall be advertised at least
once and shall be held at a City Council meeting no later than the first Monday in
December and may be continued from time-to-time. At the public hearing or
thereafter, the city council may consider a proposed ordinance to adopt such
modification as it deems appropriate.
3.130.025 Reference to "budget" or annual budget."
All references to "budget" or "annual budget" contained in the Yakima Municipal
Code or in the ordinances of the City of Yakima shall be interpreted as referring to the
"biennial budget."
Section 2. Section 1.18.005 of the City of Yakima Municipal Code is amended to read
as follows:
1.18.005 Administrative organization—General provisions.
A. The city government administrative functions shall be performed by
departments administered by department heads who shall be responsible to the
city manager for the direction and control of their respective departments.The city
manager, an assistant city manager, and one executive administrative assistant,
heads of departments, divisions and offices identified by this chapter, lieutenants
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in the police department, deputy fire chief, battalion chiefs in the fire department,
city attorney and assistant city attorneys comprise the management group of the
city government.
B. The administration of the city government shall be divided into the
following departments and shall provide the following described general
functions:
1. City Manager. Provides executive policy guidance and administrative
oversight in the effective discharge of city council policy and Charter and
ordinance provisions.
2. Legal. Provides legal services including the defense and prosecution of
civil lawsuits, drafting of legal documents and providing legal advice to the
city management and city council; prosecutes traffic offenses and other
criminal violations.
3. Police. Provides protection of persons and property from criminal acts.
4. Fire. Provides protection of persons and property from loss caused by
fires.
5. Public Works. Responsible for street maintenance, refuse collection,
equipment maintenance, building maintenance, garage operation for the city
bus transit system, construction, maintenance and operation of city parks,
cemetery, recreation facilities and programs, traffic engineering, water
irrigation, wastewater and stormwater operations, engineering, and such
other functions as may be directed by the city manager.
6. Community Development. Responsible for a housing rehabilitation
program, animal control, building, fire and construction codes and for
comprehensive physical and environmental planning and to direct proper
urban and economic growth and development; and performs such other
functions as may be directed by the city manager.
7. Finance and Budget. Responsible for providing financial planning,
budgeting, investments, fiscal management, purchasing, utility customer
services and for such other functions as may be directed by the city
manager.
8. Airport. Responsible for the operation of the Yakima Air Terminal,
maintenance of the airport grounds and all of the related airport real and
personal properties; providing safe, secure and FAA compliant provision of
commercial air service on behalf of the Yakima region; administering the
several property leases for airport tenants; managing the airport
annual budget; and performing such other functions as may be directed by
the city manager.
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9. Human Resources. Responsible for the creation, oversight and
administration of policies governing employee behavior and the behavior of
the city toward its employees. Areas of administration include, among
others, employee recruitment and retention, motivation, assignment
selection, benefits, labor law, compliance and contract negotiations,
performance reviews, training, professional development, mediation, change
management and civil service operation support. (Ord. 2017-007 § 1, 2017:
Ord. 2014-018 § 1, 2014: Ord. 2013-007 § 1, 2013: Ord. 2012-32 § 1 (Exh.
A) (part), 2012: Ord. 2012-18 § 1 (Exh. A) (part), 2012: Ord. 2005-19 § 1,
2005: Ord. 3191 § 1, 1989; Ord. 2865 § 1, 1985; Ord. 2703 § 1, 1983: Ord.
2570 § 1, 1981).
Section 3. Section 1.18.010 of the City of Yakima Municipal Code is amended to read
as follows:
1.18.010 City Manager—Powers and duties
The city manager shall be the chief executive officer and the head of the
administrative branch of the city government. He or she shall be responsible to
the council for the proper administration of all administrative affairs of the city and
to that end he or she shall have power and shall be required to:
1. Plan, direct and coordinate the administrative functions of the city and
administer and execute the laws and ordinances of the city;
2. Appoint and, when necessary for the good of the service, remove all
administrative officers and employees of the city, all in compliance with civil
service rules, regulations and laws; he or she may authorize the head of the
department or office to appoint and remove subordinates in such department
or office;
3. Prepare the budget annually and submit it to the council and be
responsible for its administration after adoption;
4. Prepare and submit to the council at the end of the fiscal year a complete
year-end financial report of the city for the preceding year;
5. Keep the council advised of the financial condition of future needs of the
city and make such recommendations as may seem to him or her as
desirable;
6. Administer all finance and fiscal matters of the city and countersign
warrants and approve claim vouchers and authorize travel for administrative
personnel;
7. Perform such other duties as may be prescribed by this chapter or
required of him or her by the council, not inconsistent with the Charter;
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8. Prepare and submit to the council such reports as may be required by that
body or he or she may deem it advisable to submit;
9. Transfer between items within any class in the budget, and
notwithstanding the provisions of any statute to the contrary, the budgetary
transfers herein authorized may be made as between any offices,
departments, divisions, services, institutions, etc., or any combination thereof
within the city's organizational structure, which operate from the appropriations
of the same fund; provided, however, that no salary shall be increased above
the amount provided therefor in the budget and compensation plan.
10. Whenever the city manager is unable to personally perform the duties of
his or her office due to disability or absence from the city for a period less than
thirty days, the city manager may appoint a city employee to serve as acting
city manager, who shall supervise and be responsible for the effective
management and administration of city affairs and otherwise shall be
empowered with all the powers of the city manager, except the power to
appoint and remove heads or city departments and divisions; provided,
however, that whenever the city manager is unable to personally perform the
duties of his or her office due to disability or absence from the city for a period
of thirty days or more, the city council may, in its discretion, appoint a city
employee or other qualified person to perform the duties of interim city
manager. (Ord. 2012-32 § 1 (Exh. A) (part), 2012: Ord. 2012-18 § 1 (Exh. A)
(part), 2012: Ord. 2570 § 2, 1981: Ord. 2303§ 1, 1979: Ord. 2007 § 1, 1976:
Ord. 284, 1961: Ord. 7 § 1, 1959).
Section 4. Section 1.18.040 of the City of Yakima Municipal Code is amended to read
as follows:
1.18.040 Fire department.
A. Under the general direction of the fire chief, the fire department shall:
1. Provide for the protection of persons and property and the elimination of
fire hazards, except to the extent that administration and enforcement of the
Uniform Fire Code and other fire prevention and safety codes are assigned by
this chapter to the office of code administration;
2. Perform such other duties as may be required by law and by the city
manager.
B. The fire department shall consist of three primary divisions, supervised by
the deputy chief of operations and logistics, the deputy chief of planning and
finance, and battalion chiefs responsible to the fire chief as follows:
1. The operations division, which shall be responsible for:
a. Responding to all alarms and preventing and extinguishing fires,
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b. Protecting lives and property against loss from fire,
c. Providing basic life support services within emergency medical
services systems,
d. Responding to and mitigating hazardous material emergency
incidents,
e. Maintaining all property and equipment charged to the fire
department,
f. Performing such other duties as may be assigned by the fire chief.
2. The training division, which shall be responsible for:
a. Training, education and safety of all department personnel,
b. Public education,
c. Coordination of emergency medical services training,
d. Performing such other training duties as may be assigned by the fire
chief.
3. The support services division, which shall be responsible for:
a. Repair and maintenance of city communications, fire alarms, and
related systems,
b. Repair and maintenance of all department equipment, physical
plants, and structures,
c. Fire investigations,
d. Performing such other duties as may be assigned by the fire chief.
4. Within the fire department, the deputy chief of planning and finance
shall be responsible for:
a. Emergency response.
b. Strategic planning.
c. Development of fire department policies.
d. Accreditation, survey and rating issues.
e. Preparing an annualthe budget.
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f. Information and communications systems.
g. Purchasing of equipment and materials.
h. Internal affairs investigations.
i. Liaison with other city departments and divisions.
j. Safety and risk management.
k. Apparatus, equipment and vehicle maintenance oversight.
I. Performing such other duties as may be assigned by the fire chief.
5. Within the fire department, the deputy chief of operations and logistics
shall be responsible for:
a. Emergency response.
b. Emergency medical service.
c. Local emergency planning committee representation.
d. Emergency operations center representation.
e. Fire investigation and fire inspections.
f. Training and oversight of fire department personnel.
g. Hazardous materials response and reporting.
h. Technical rescue operations.
i. Research, recommendation and selection of fire department
equipment.
j. Oversight of facility maintenance and operations.
k. Quartermaster duties.
I. Performing such other duties as may be assigned by the fire chief.
C. Public Safety Communications Division. Under the direction of the fire chief
or his/her designee, and in cooperation with the police chief, this division shall
cooperate to provide communication services to the police and fire departments
and other public agencies as directed by the city. (Ord. 2019-007 § 1, 2019: Ord.
2012-32 § 1 (Exh. A) (part), 2012: Ord. 2012-18 § 1 (Exh. A) (part), 2012: Ord.
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2000-15 § 1, 2000: Ord. 96-44 § 2, 1996: Ord. 3192 § 1, 1989: Ord. 2570 § 7,
1982: Ord. 2472 § 1, 1980: Ord. 2355 § 1, 1979: Ord. 1748 § 3, 1975: Ord. 1572
§ 3, 1973: Ord. 7 § 4, 1959).
Section 5. Section 1.18.080 of the City of Yakima Municipal Code is amended to read
as follows:
1.18.080 Department of finance and budget.
The department of finance and budget, under the general direction of the director
of finance and budget, shall perform the responsibilities and duties generally described
as follows:
1. Financial Services. Under the supervision of the financial services
manager, this office shall:
a. Compile estimates for the annual budget;
b. Maintain a general accounting system for the city government and
exercise budgetary control over all expenditures by offices and
departments;
c. Perform internal audits of all city financial affairs;
d. Prepare a monthly report of the fiscal activities of all funds for the
preceding month and such other reports as may be required by the city
manager;
e. Determine the structure and operational characteristics of all
accounting systems used in the city government;
f. Maintain control and a running inventory of all fixed assets of the city;
g. Maintain a uniform utility accounting system for the water and sewer
utilities as required by state law;
h. Be responsible for the receipt, custody and disbursement of all city
funds, all local improvement district funds, and other trust funds, keeping
accurate accounts of all collections and disbursements for each fund;
i. Be the custodian of all city investments and bank collateral, investing
idle funds as may be prudent and lawful;
j. Prepare and submit all financial statements and reports required by
law;
1d
k. Prescribe the times at and manner in which monies received by the
several offices and departments of the city shall be paid into the treasury
or deposited in a bank;
I. Make deposits of city funds in banks in the manner prescribed by law;
m. Purchase and sell bonds for the benefit of local improvement district
funds and the local improvement district guaranty fund;
n. Maintain and supervise a risk management program covering city
buildings, equipment and personnel;
o. Maintain an office for the purpose of receiving all money paid as bail
for nonmoving traffic violation citations;
p. Perform such other services as may be required by law or by the
director of finance and budget.
2. Office of Utility Customer Services. Under the supervision of the utility
customer services manager, this office shall:
a. Receive all customer applications for utility services;
b. Collect and maintain data for billing and collection of all customer
utility accounts;
c. Maintain an office, in conjunction with the department of finance and
budget, for the purpose of receiving all money paid as bail for nonmoving
traffic violation citations;
d. Perform such other services as may be required by law or the
director of finance and budget.
3. Office of Purchasing. Under the supervision of the purchasing manager,
this office shall:
a. Purchase all supplies, materials and services for the city, except the
service of specialists, upon properly executed requisitions;
b. Store all supplies and materials not delivered to the various
departments;
c. Supervise the disposal of surplus property;
d. Conduct management, operations and productivity analyses and
perform such other services as may be required by the city manager.
(Ord. 2012-32 § 1 (Exh. A) (part), 2012: Ord. 2012-18 § 1 (Exh. A) (part),
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2012: Ord. 2001-29 § 3, 2001: Ord. 2829 § 2, 1984: Ord. 2570 § 13,
1981: Ord. 2011 § 1, 1976: Ord. 1748§ 8, 1975).
Section 6. Section 1.44.010 of the City of Yakima Municipal Code is amended to read
as follows:
1.44.010 Created—Personnel
There is hereby created a fire department in the city of Yakima which shall
consist of the following personnel: chief, battalion fire chief, fire marshal, chief mechanic,
signal superintendent, captain, lieutenant, signal maintenance man, firefighter, alarm
operator and secretary. The number of personnel in each of the above-mentioned ranks
shall be as determined by the city council in each annual budget ordinance. (Ord. 557, §
1, 1964: prior Ord. 202, 1960).
Section 7. Section 1.47.030 of the City of Yakima Municipal Code is amended to read
as follows:
1.47.030 Taxes from the affnual. budget.
All levies of taxes made by the city council in the annual budget for said fund
shall be paid into the same as soon as they are collected as well as all other moneys
received therefor from any and all sources. (Ord. A-573§ 3, 1921).
Section 8. Section 1.60.200 of the City of Yakima Municipal Code is amended to read
as follows:
1.60.200 Court operation
As part of the annual preliminary budget presentation, the presiding judge of the
municipal court will create a budget for the court and the city manager will make a
recommendation to the city council. The budget for the municipal court shall be as
approved by the city council. All employees of the municipal court shall, for all purposes
be employees of the city and shall be appointed by and serve at the pleasure of the court.
(Ord. 2003-23§ 1, 2003: Ord. 96-68 § 1 (part), 1996).
Section 9. Section 2.20.020 of the City of Yakima Municipal Code is amended to read
as follows:
2.20.020 Content of plan.
The classification and compensation plan shall include:
1. The basic salary schedule as set forth in this chapter, and subsequent
amendments and additions thereto;
2. A schedule of salary ranges consisting of minimum and maximum rates
of pay for each position and minimum and maximum rates of pay, together
with intermediate steps, for all positions included in the city classification plan
as set forth in this chapter, and subsequent amendments and additions
thereto;
3. The annual budgets prescribed by the laws of the state of Washington.
(Ord. 2014-023§ 2 (part), 2014: Ord. 1745 § 1, 1975: Ord. 194§ 2, 1960).
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Section 10. Section 2.20.030 of the City of Yakima Municipal Code is amended to read
as follows:
2.20.030 Procedure for determination of salary ranges.
Salary ranges shall be linked directly to the plan of position classification and
shall be determined with due regard to ranges of pay for other classes, relative difficulty
and responsibility of positions in the class, availability of employees in particular
occupational categories, prevailing rates of pay for similar employment in private
establishments in the Yakima area, rates of pay in other jurisdictions, cost of living
factors, the financial policies of the city and other economic considerations. The
minimum and maximum and intermediate steps of each salary range shall be those
rates in the basic salary schedule which most nearly reflect these factors.
Prior to the preparation of each l budget, as well as at other appropriate
times, the city manager shall make or direct to be made such comparative studies as he
may deem necessary, of the factors affecting the level of salary ranges. On the basis of
information derived from such studies,the city manager shall recommend to the council
for approval such changes in the salary ranges as are pertinent to the fairness and
adequacy of the overall salary structure. Such changes shall be accomplished by
increasing or decreasing the salary ranges the appropriate number of ranges as
provided in the basic salary schedule. The rate of pay for each employee shall be
adjusted to the corresponding step in the new range in conformance with the
adjustment of the salary range for the class. (Ord. 2014-023 § 2 (part), 2014: Ord. 194 §
3, 1960).
Section 11. Section 2.20.080 of the City of Yakima Municipal Code is amended to read
as follows:
2.20.080 Effect of Budget.
Employees in each position in the civil service shall be compensated according
to the basic salary schedule and salary ranges set forth in this chapter, and
subsequent amendments and additions thereto, and in accordance with the
annual budgets adopted by the council pursuant to the laws of the state of
Washington. In cases of promotion, transfer and the return of an employee after leave
of absence, and in cases of classification of positions which, under YMC 2.20.060 and
other provisions of this chapter, require the payment of a different wage or salary than
that specifically set forth in the annual budget, the compensation to be paid in such
cases shall be figured and paid in accordance with YMC 2.20.060 and other pertinent
sections of this chapter without ordinance or council action, if the payment thereof can
lawfully be made from funds appropriated under the current annual budget, under the
item of salaries and wages, without exceeding appropriation.
In cases where the annual budget makes provisions for the payment of
compensation for any position differing from the compensation set forth in said salary
ranges in order to comply with the provisions of YMC 2.20.050(A), the employee
affected by the provision of said section shall be paid the compensation for such
position as set forth in the annual budget, and in all cases where no provision is made
in said salary ranges the compensation to be paid any employee shall be that set forth
in the annual budget or such compensation as shall be lawfully authorized by the city
council. (Ord. 2014-023 § 2 (part), 2014: Ord. 194 § 8, 1960).
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Section 12. Section 2.20.085 of the City of Yakima Municipal Code is amended to read
as follows:
2.20.085 Reimbursement for expenditure.
In addition to the prescribed rates of pay and other allowances provided for in
this chapter, officers and employees of the city shall be entitled to reimbursement for,
or the benefit from, the following classes of official expenditures:
1. Officers and employees shall be entitled to reimbursement for expenses
which may lawfully be incurred when they are required, with specific written
approval of the city manager, to make necessary out-of-pocket expenditures
within or without the city of a nature beyond those normally associated with
the performance of the routine official duties of such individuals, for purposes
which principally promote, develop or publicize the city's best interests.
2. In the event the city manager of the city of Yakima determines that in
order to secure the services of any person not residing within the Yakima
area as an employee of the city of Yakima, it is necessary to pay the cost of
moving the household goods and personal effects of such person from his
place of residence to the city of Yakima upon his appointment to city service,
then payment of reasonable and necessary moving costs may be made from
appropriate available maintenance and operation funds in the city's
annual budget, upon the approval of the city manager.
3. The council finds that in selecting personnel to fill positions in the city of
Yakima requiring special experience and training to qualify for such positions,
it becomes necessary, in order to ensure selection of the most qualified
applicant, that applicants for such positions be personally interviewed, and
that in certain cases the expense to the city of sending members of boards,
commissions and other officers of the city to various localities for the purpose
of conducting such interviews exceeds the cost to the city government of
providing that the interviews be had in the city of Yakima at the city's expense
and that the payment by the city of the necessary travel and subsistence
expenses for a limited number of applicants to be brought to the city will
result in a saving of expense to the city in the outlay of travel and subsistence
expenses or in the time which would be lost by reason of regular officers or
employees of the city conducting the interviews elsewhere. The council
further finds that in such cases the payment by the city of the travel and
subsistence expense of applicants requested to come to the city of Yakima
for interview is a proper municipal expense and for a proper municipal
purpose.
4. In order to make a proper determination of the facts in cases where
authority is requested to bring in applicants for any position in the city of
Yakima at the city's expense, the city manager is authorized to determine the
facts, and, upon approval by the city manager, based upon a determination
that the payment by the city of the expenses of bringing a limited number of
applicants to the city of Yakima for interview is necessary to make possible
the selection of the best available applicant for a position involving special
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skill and experience to properly discharge the duties thereof, and that the
payment of the expense of bringing said applicants to the city is less than the
expense and loss to the city in sending its officers, commissions or boards to
conduct said interview elsewhere, and that funds for the payment of such
expenses are lawfully available, payment therefor shall be considered as
approval by the city council and shall be paid from the fund to which said
expenses are properly chargeable.
5. Training and Education.
a. Policy. The city council encourages the training and education of city
officers and employees to the end that they may more effectively render
services to the public in performing assigned duties or in preparing to
assume higher responsibilities within the city service.
b. Reimbursement. Officers and employees shall be entitled to
reimbursement for ordinary and reasonable expenses incurred in
pursuing such training and education on compliance with the following
conditions:
(1) In the opinion of the city manager, the seminar or course of
study must be related to the performance of duties of the officer or
employee in rendering service to the public, or must assist the officer
or employee in preparing to assume higher responsibilities within the
city service by promotion or otherwise;
(2) Specific written approval for the seminar or course of study must
be obtained in advance from the city manager or his designate; and
(3) Funds for reimbursement to the officer or employee must be
lawfully available within the city's budget or by appropriation therein.
6. Professional Fees, Licenses, and Membership Dues.
a. Management employees shall be entitled to direct payment by
the city of Yakima or reimbursement to the employee, for
professional fees, licenses and membership dues applicable to any
such employee, in an amount approved by the city manager.
b. Funds for this purpose must be lawfully available within the city's
budget or by appropriation therein. (Ord. 2014-023 § 2 (part), 2014:
Ord. 3403 § 4, 1991: Ord. 2302 § 1, 1979: Ord. 2088 § 1, 1977: Ord.
189 § 1, 1976; Ord. 748, 1965: Ord. 208, 1960: Ord. 194 § 9A,
1960).
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Section 13. Section 3.03.030 of the City of Yakima Municipal Code is amended to read
as follows:
3.03.030 Levy of taxes for guaranty fund.
The city shall at the time of making its annual budget and levy provide for the levy
of a sum sufficient, together with other sources of money for the guaranty fund, to pay
any warrants issued against the guaranty fund during the preceding fiscal year pursuant
to Section 3.03.060 and establish a balance therein; provided, however, that the levy in
any one year shall not exceed five percent of the outstanding obligations then guaranteed
by the guaranty fund. (Ord. 2465 § 1 (part), 1980).
Section 14. Section 3.36.030 of the City of Yakima Municipal Code is amended to read
as follows:
3.36.030 Appropriation for fund in budget.
The city council is authorized to include in each annual budget hereafter, an
appropriation for garbage collection and disposal, including operation and maintenance
of equipment therefor; which appropriation shall be credited to the fund immediately upon
becoming available. (Ord. B-1331 § 4, 1951).
Section 15. Section 3.82.030 of the City of Yakima Municipal Code is amended to read
as follows:
3.82.030 Purposes—Expenditures
(a) The moneys in the contingency fund may be used to meet any municipal
expense, the necessity or extent of which could not have been foreseen or reasonably
evaluated at the time of adopting the annual budget, or from which to provide moneys for
those emergencies described in RCW 35.33.081 and 35.33.091 .
(b) No expenditures shall be made from such fund unless the city council shall
approve such expenditure by passing an ordinance appropriating money within the fund
for the purpose for which the expenditure is to be made or by including an appropriation
for such purpose in the budget. (Ord. 1273 § 1 (part), 1970).
Section 16. Section 3.92.050 of the City of Yakima Municipal Code is amended to read
as follows:
3.92.050 Proceeds to be credited to special funds—Limitations on use.
All proceeds of the local option hotel/motel excise tax imposed under this chapter
shall be deposited in special funds as appropriated in any annual budget or otherwise by
the city council. Expenditures from these funds shall be made only for the purposes
authorized for the city of Yakima by RCW 67.28.210, and subsequent amendments
thereto. (Ord. 95-52 § 5, 1995).
Section 17. Section 3.93.040 of the City of Yakima Municipal Code is amended to read
as follows:
3.93.040 Capital improvement fund for convention center and performing arts
center facilities.
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A. There has heretofore been created a special fund known as the capital
improvement fund for convention center and performing arts center facilities.
B. Source of Funds. All proceeds of the special excise tax imposed and
administered as provided by Sections 3.93.010, 3.93.020 and 3.93.030 of the City of
Yakima Municipal Code, or any portion of such tax not otherwise appropriated in any
annual budget or otherwise for expenditure from some other appropriate fund, shall be
deposited in the capital improvement fund for convention center and performing arts
center facilities, together with all proceeds to the city consisting of excess profits
derived from the operation of Capitol Theatre and funds from other sources as may be
determined from time to time by the Yakima City Council.
C. Purpose—Expenditures.
(1) Expenditures from the capital improvement fund for convention center
and performing arts center facilities shall be made only to pay or secure the
payment of all or any portion of general obligation bonds or revenue bonds
issued for the purposes authorized by Chapter 67.28 RCW, and for the
purposes of paying all or any part of the cost of tourism promotion and the
cost of acquisition and operation of tourism-related facilities; provided
proceeds to the city consisting of excess profits derived from the operation of
the Capitol Theatre shall be spent only for the repair and restoration of the
Capitol Theatre building and fixtures and appurtenances thereto and for other
capital expenditures incurred by the city arising from the ownership of the
Capitol Theatre premises, and to maintain and preserve the Capitol Theatre
premises and improvements thereto.
(2) No expenditure shall be made from the capital improvement fund unless
the city council shall approve such expenditure by passing an ordinance
appropriating money within the fund for the purpose for which the expenditure
is to be made or by including an appropriation for such purpose in any
annual budget. (Ord. 98-56 § 4, 1998: Ord. 97-48 § 4, 1997: Ord. 2389 § 1,
1980: Ord. 2016 § 1, 1976: Ord. 1624 § 1 (part), 1974).
Section 18. Section 3.98.030 of the City of Yakima Municipal Code is amended to read
as follows:
3.98.030 Expenditures
Expenditures from the Capitol Theatre operating fund shall be made only for the
purposes specified in Section 3.98.010. No expenditure shall be made from such fund
unless the city council approves such expenditure by passing an ordinance appropriating
money within such fund for the purpose for which the expenditure is to be made, or by
including an appropriation for such purpose in the annual budget. (Ord. 2389 § 4, 1980:
Ord. 1654 § 1 (part), 1974).
Section 19. Section 4.16.230 of the City of Yakima Municipal Code is amended to read
as follows:
4.16.230 Municipal garbage collection service fund
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(a) There is created a special fund of the city of Yakima to be known as the
"municipal garbage collection service fund,"which fund is established for the purpose of
accumulating moneys derived from the operation and maintenance of the garbage
collection and disposal service of the city of Yakima; and for the purpose of defraying all
of the operating and maintenance expenses and costs incurred by the city of Yakima in
the collection and disposal of garbage and refuse.
(b) The city treasurer is authorized, empowered and directed to deposit any
and all moneys received in payment of said garbage collection and disposal service, to
the credit of the fund hereby created.
(c) The city council is authorized to include in each annual budget hereafter, an
appropriation for garbage collection and disposal, including operation and maintenance
of equipment therefor; which appropriation shall be credited to said fund immediately
upon becoming available.
(d) There shall be paid from the fund hereby created, all garbage collection
and disposal costs and expenses, including salaries and wages, operation and
maintenance of equipment and all other operating costs,fees, charges and expenses.
(Ord. 2013-009§ 1 (part), 2013: Ord. B-1523 § 19, 1953).
Section 20. Section 5.99.010 of the City of Yakima Municipal Code is amended to read
as follows:
5.99.010 Definitions.
As used in this chapter, the following terms, unless the context otherwise
dictates, shall have the following meanings:
"Agreement" means the interlocal cooperation agreement between the city of
Yakima, the city of Union Gap, the city of Selah and Yakima County for the
establishment of a Yakima County tourism promotion area by the city of Yakima
as authorized by RCW 35.101.040(2).
"Annual bBudget" means the Yakima County tourism promotion area budget for a
fiscal year, as adopted or amended by the city council of the city of Yakima, after
the receipt of a recommendation from the Yakima hotel and motel commission,
identifying all estimated revenue from tourism promotion charges for the fiscal
year, and providing for all proposed uses of tourism promotion charge revenue
for the purpose of providing tourism promotion in Yakima County for the ensuing
fiscal year.
"Lodging business" means business located within the Yakima County tourism
promotion area that furnishes lodging taxable by the state under ROW
Chapter 82.08 and that is classified as a hotel or motel with forty or more lodging
units. Reasonable vehicle parks and campgrounds are not included.
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"Operator" means the operator of a lodging business, whether in the capacity of
owner, general manager, lessee, sublessee, mortgagee in possession, licensee,
designee, or any other similar capacity.
The "promotion of tourism and convention business" means activities and
expenditures designed to increase tourism and convention business, including
but not limited to advertising, publicizing, or otherwise distributing information for
the purpose of attracting and welcoming tourists to the city of Yakima and the
unincorporated areas of Yakima County.
"Tourism promotion charge" means the charge imposed by the city of Yakima on
the furnishing of lodging by a lodging business within the Yakima County tourism
promotion area for the purpose of providing for funding of the promotion of
convention and tourism business, under the authority of RCW 35.101.050, in
Yakima County.
"Yakima County tourism promotion area" means the tourism promotion area with
boundaries that include the city of Yakima and the unincorporated areas of
Yakima County and which was established by the ordinance of the city council
of the city of Yakima pursuant to the authority of RCW Chapter 35.101 as
authorized by the resolutions of the city council of the city of Yakima and the
county commissioners of Yakima County adopting the terms of the agreement.
"Yakima hotel and motel commission" means the Yakima hotel and motel
commission, established by the city of Yakima, whose members are appointed
by the county commissioners of Yakima County and the city council of the city of
Yakima to provide recommendations to the city council of the city of Yakima on
proposed uses and projects of the Yakima County tourism promotion area. (Ord.
2011-21 § 1 (part), 2011: Ord. 2010-37 § 1 (part), 2010: Ord. 2004-17 § 1 (part),
2004).
Section 21. Section 5.99.060 of the City of Yakima Municipal Code is amended to read
as follows:
5.99.060 Establishment of Yakima hotel and motel commission.
A. The city council of the city of Yakima, pursuant to the authority of
RCW 35.101.1301(1), hereby establishes a seven-member Yakima hotel and
motel commission to advise the city council of the city of Yakima on the
expenditure of tourism promotion charge revenues by the Yakima County tourism
promotion area to fund tourism promotion in Yakima County, which shall be
composed of five voting members and two nonvoting members who shall be
appointed in the manner set forth in this section.
B. Voting members of the Yakima hotel and motel commission shall be
selected by the city council of the city of Yakima in the manner set forth in
subsections C and D of this section, from a list of nominees prepared by the
Yakima Valley lodging association. All nominees for voting membership on the
Yakima hotel and motel commission must be operators of lodging businesses
within the Yakima County tourism promotion area or employed by the operator of
such a lodging business.
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C. The city council of the city of Yakima shall appoint five voting members to
represent the city of Yakima, with the voting members appointed by the city of
Yakima representing qualified lodging businesses that are located within the city
limits of the city of Yakima or within the unincorporated areas of the county
tourism promotion area.
D. One nonvoting member of the commission shall be appointed from the
members of the county commissioners of Yakima County and one nonvoting
member shall be appointed from the members of the city council of the city of
Yakima. Nonvoting members of the Yakima hotel and motel commission may
participate in all discussions regarding proposed activities and programs by the
Yakima County tourism promotion area for the promotion and marketing of
tourism in Yakima County but shall not have voting rights.
E. The initial voting members of the Yakima hotel and motel commission shall
serve staggered terms, with one member serving a one-year term, two members
serving two-year terms, and two members serving three-year terms. The length
of the term for each individual member of the initial Yakima hotel and motel
commission shall be chosen by lot at the first meeting of the commission.
Thereafter, all voting members subsequently appointed to the Yakima hotel and
motel commission shall serve for three-year terms.
F. All of the revenues from tourism promotion charges collected by the city
council of the city of Yakima from lodging businesses within the jurisdiction of
the unincorporated area of Yakima County and the city of Yakima shall be
allocated by the city council of the city of Yakima in accordance with the
annual budget for the Yakima County tourism promotion area. The Yakima hotel
and motel commission shall make a recommendation to the city council of the
city of Yakima on all annual budgets; however, the city council of the city of
Yakima shall have the ultimate authority to set and approve all annual budgets.
(Ord. 2011-21 § 1 (part), 2011: Ord. 2010-37§ 1 (part), 2010: Ord. 2004-17 § 1
(part), 2004).
Section 22. Section 7.60.105 of the City of Yakima Municipal Code is amended to read
as follows:
7.60.105 Rates, charges and fees for pretreatment program.
A. It is the purpose of this section to provide for the payment of rates, charges
and fees for certain discharges to the wastewater system, to compensate the city
for the cost of administration of the pretreatment program established in
Chapter 7.65. Connection charges for dischargers subject to Chapter 7.65 are as
set forth in Chapter 7.68 of this code.
B. Rates, Charges and Fees to Be Published. The wastewater manager shall
maintain a schedule of current rates, charges and fees, shall post such schedule
conspicuously, and shall make copies available to interested persons. Upon
20
request, the wastewater manager shall prepare an estimate of annual fees for a
significant industrial user.
C. Significant Industrial Users (SlUs). Commencing on the effective date of the
ordinance codified in this section, SIU permit fee amounts shall be set at ninety
percent of that amount identified in the industrial facility categories of WAC 173-
224-040. The permit fee shall cover the costs of administering the SIU
wastewater discharge permit program including inspections, technical
assistance, education, and compliance administration. Costs associated with any
sampling and testing shall be in addition to the permit fee. This annual fee is
based on the state's fiscal year (July 1st—June 30th).
D. Monthly Base Fee for Minor Industrial Users (MIUs). Commencing on the
effective date of the ordinance codified in this section and until amended
pursuant to subsection F of this section, minor industrial users (as defined in
Chapter 7.65) shall pay a monthly base fee for pretreatment service, as shown in
the following table:
Charge Charge Charge Charge
Effective Effective Effective Effective
January 11, January 1, January 1, January 1,
2019 2020 2021 2022
MIU $150.24 $156.76 $163.53 $170.56
base fee
The daily rate for MIUs shall be the monthly rate divided by 30.417.
Significant industrial users shall not be subject to the base fee for minor industrial
users.
E. Charges and Fees for Related Services. Commencing on the effective date
of the ordinance codified in this section and until amended pursuant to
subsection F of this section, significant industrial users shall pay the sampling
and laboratory testing charges and fees provided below for those specific
services described or listed below. All customers shall also be subject to the
sampling, laboratory testing, and flat rate charges and fees provided below, in
addition to any base rate provided for in subsection D of this section, but only for
those services requested by the customer or provided as part of a required
compliance inspection.
(1) Sampling Charge. The sampling charge includes sampler set-up, pick-
up, and statistical analysis, as well as billing program charges from the
customer service manager. The sampling fee is based on the length of the
sampling period, pursuant to the following schedule:
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Charge Charge Charge Charge
Effective Effective Effective Effective
Sampling January January January January
Period 11, 2019 1, 2020 1, 2021 1, 2022
First day $250.47 $257.98 $265.72 $273.69
Each $102.92 $106.01 $109.19 $112.46
subsequent
day in the
same
sampling
period
(2) Laboratory Testing Fees. A laboratory testing fee is assessed for each
type of test conducted on each sample. Fees are assessed pursuant to the
following schedule:
Charge Charge Charge Charge
Effective Effective Effective Effective
January January January January
Test 11, 2019 1, 2020 1, 2021 1, 2022
BOD- $54.29 $55.92 $57.60 $59.33
Biochemical
Oxygen
Demand
TSS-Total $54.29 $55.92 $57.60 $59.33
Suspended
Solids
pH $27.14 $27.95 $28.79 $29.66
BOD Soluble $81.43 $83.87 $86.39 $88.98
COD $54.29 $55.92 $57.60 $59.33
COD Soluble $81.43 $83.87 $86.39 $88.98
TDS $54.29 $55.92 $57.60 $59.33
Alkalinity $27.14 $27.95 $28.79 $29.66
(Carbonate)
Ammonia (Ion $27.14 $27.95 $28.79 $29.66
Selective Probe)
Chlorine $27.14 $27.95 $28.79 $29.66
Residual
(Colorimetric)
Dissolved $27.14 $27.95 $28.79 $29.66
Oxygen (Azide)
Dissolved $27.14 $27.95 $28.79 $29.66
Oxygen
(Membrane)
Fecal Coliform $81.43 $83.87 $86.39 $88.98
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Charge Charge Charge Charge
Effective Effective Effective Effective
January January January January
Test 11, 2019 1, 2020 1, 2021 1, 2022
FOG-Fats, Oils $108.58 $111.84 $115.20 $118.65
and Grease
MPN $542.89 $559.18 $575.95 $593.23
Nitrate $54.29 $55.92 $57.60 $59.33
Nitrite $54.29 $55.92 $57.60 $59.33
Organic/Volatile $27.14 $27.95 $28.79 $29.66
Acids
Total Volatile $54.29 $55.92 $57.60 $59.33
Solids
BNA (b) Outside Outside Outside Outside
Semivolatiles Market Market Market Market
Costs (a) Costs (a) Costs (a) Costs (a)
TPH (b) Outside Outside Outside Outside
Market Market Market Market
Costs (a) Costs (a) Costs (a) Costs (a)
Metals $414.18 $426.61 $439.41 $452.59
Metals Graphite $579.86 $597.25 $615.17 $633.63
Furnace
Pesticides/PCBs Outside Outside Outside Outside
Market Market Market Market
Costs (a) Costs (a) Costs (a) Costs (a)
BTEX (b) Outside Outside Outside Outside
Market Market Market Market
_ Costs (a) Costs (a) Costs (a) Costs (a)
Notes:
(a) This testing is conducted by an outside laboratory. The actual fee
will be based on the actual cost of the test performed, plus any related
costs and taxes incurred.
(b) Glossary:
BNA: base neutral acids (semivolatile organic compounds).
BTEX: benzene, toluene, ethylbenzene, and xylene (highly volatile
hydrocarbons).
TPH: total petroleum hydrocarbons (includes oils, gasoline, diesel, and
other fuels).
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(3) Other related service fees are assessed on each of certain
transactions or services, pursuant to the following schedule:
Charge Charge Charge Charge
Effective Effective Effective Effective
Transaction January January January January
or Service 11, 2019 1, 2020 1, 2021 1, 2022
Discharge LS $567.00 $584.01 $601.53 $619.58
authorization
(a)
Compliance HR $149.50 $153.99 $158.61 $163.37
inspection
Dye testing HR $149.50 $153.99 $158.61 $163.37
Smoke HR $149.50 $153.99 $158.61 $163.37
testing
TVing HR $214.86 $221.31 $227.95 $234.79
(location)
TV new LF $2.28 $2.35 $2.42 $2.49
construction
(we do)
TV new LF $1.49 $1.53 $1.58 $1.63
construction
(they do)
Notes:
(a) Includes only the first fifty thousand gallons of flow. See
Chapter 7.65.
F. Amendment of Base Rates, Charges and Fees.
(1) The base rate or rates ("rates"for purposes of this subsection) set forth
in subsection D of this section may be amended from time to time by
ordinance of the city council. Any such amendment shall be based upon
changes in the city's cost of providing wastewater pretreatment service as
reflected in the city's annual budget.
(2) The charges and fees set forth in subsection E of this section may be
amended from time to time by ordinance of the city council upon
recommendation of the wastewater manager. Such amendments shall be
based on changes in the costs of providing sampling, laboratory and
miscellaneous wastewater pretreatment services. In determining whether
there has been a change in the costs of providing service, the city council
may consider the city's expenses associated with obtaining services from
private laboratories and other third persons, and the city's own
administrative and other costs.
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G. Money to Be Credited to Wastewater Operating Fund. All moneys collected
pursuant to this section shall be paid into and credited to the wastewater
operating fund as provided in Chapter 3.101. (Ord. 2018-048 § 4, 2018: Ord.
2016-036 § 5, 2016: Ord. 2011-65 § 4, 2011: Ord. 2011-62 § 4, 2011: Ord. 2009-
49 § 9, 2009: Ord. 2007-65 § 14, 2007: Ord. 2003-75 § 14, 2003).
Section 23. Section 7.80.020 of the City of Yakima Municipal Code is amended to read
as follows:
7.80.020 Creation of storm drainage and surface water management utility.
Pursuant to RCW 35.67.010 through 35.67.020 and RCW 35.92.020,
there is hereby created a city storm drainage and surface water utility.
The storm drainage and surface water management utility, under the legislative
policy, supervision and control of the governing body of the city, shall perform the
following activities within the city:
(1) Administer the acquisition, design, construction, maintenance and
operation of the stormwater and surface water system, including capital
improvements designated in the capital improvement program;
(2) Administer and enforce this chapter and all regulations and procedures
adopted thereto relating to the design, construction, maintenance, operation
and alteration of the stormwater and surface water system, including, but not
limited to, the quantity, quality and/or velocity of the stormwater conveyed
thereby;
(3) Advise the city's governing body and other city departments on matters
relating to the utility;
(4) Prepare and periodically revise, as determined by state and federal law,
a comprehensive stormwater management plan for adoption by the city's
governing body;
(5) Develop standards and ordinances relating to stormwater drainage and
treatment to apply to new development and redevelopment;
(6) Enforce regulations to protect and maintain water quality and quantity
within the stormwater and surface water system in compliance with water
quality standards established by state, regional and/or federal agencies as now
adopted or hereafter amended;
(7) Annually aAnalyze the cost of services and benefits provided to and
burdens imposed by different classes of customers, and the system and
structure of fees, charges, civil penalties and other revenues of the utility, and
prepare budgets for adoption by the city's governing body; and
(8) Perform all other activities allowable by law and required to ensure
compliance with state and federal stormwater and surface water quality laws.
(Ord. 2004-73§ 1 (part), 2004).
Section 24. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall
not affect the validity of the remaining portions of this ordinance.
Section 25. This ordinance shall take effect immediately upon its passage, approval
and publication as provided by law and by the City Charter.
25
PASSED BY THE CITY COUNCIL, signed and approved this 5'h day of April, 2022.
Janice Deccio, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
First Reading: April 5, 2022
Publication Date:
Effective Date:
26
ORDINANCE NO. 2022-
AN ORDINANCE adding a new Chapter 3.130 Biennial Budget to Title 3 of the Yakima
Municipal Code and amending municipal code sections to reflect the
biennial budget.
WHEREAS, the City of Yakima is a First-Class City with its own Charter and under RCW
35.22.195 "shall have all of the powers which are conferred upon incorporated cities and towns
by Title 35 RCW, or other laws of the state, and all such powers as are usually exercised by
municipal corporations of like character and degree"; and
WHEREAS, City of Yakima currently prepares and manages its budget on an annual
basis; and
WHEREAS, the City may establish, by ordinance, a biennial budget and to provide the
means for modification of such budget in lieu of the annual budget; and
WHEREAS,the development and adoption of a budget by the City is a lengthy and intense
process subject to limited amounts of available time which reduces opportunities for deliberating
other issues of importance by the City Council; and
WHEREAS, biennial budgeting will provide an opportunity for better long-range and
strategic financial planning and consolidation of efforts invested in the budget development and
approval process, thereby improving services to the citizens of Yakima; and
WHEREAS, RCW 35A.34.040 provides that an ordinance establishing the two-year fiscal
biennium budget must be adopted at least six months prior to the commencement of the fiscal
biennium; and
WHEREAS, various chapters of the Yakima Municipal Code reference an annual budget
and, therefore, establishment of a biennial budget requires housekeeping amendments to ensure
consistency in the municipal code; and
WHEREAS, pursuant to the Yakima City Charter, the City Council will continue to be
provided an annual budget by the City Manager and the ability to amend the budget pursuant to
law; and
WHEREAS, the City Council finds that it is in the best interests of the City of Yakima to
utilize a fiscal biennium budget beginning January 1, 2023; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Biennial Budget Established-Amendment to Title 3 Revenue and
Finance. A new Chapter 3.130 Biennial Budget, is added to Title 3 establishing a two-year
biennium budget beginning January 1, 2023, as set forth below:
27
Chapter 3.130 BIENNIAL BUDGET
3.130.010 Two-year fiscal biennium budget established.
3.130.015 Adoption procedures for two-year biennium budget preparation.
3.130.020 Mid-biennial review and modification.
3.130.025 Reference to "budget" or annual budget"
3.130.010 Two-year fiscal biennium budget established.
There is hereby established for the City of Yakima a two-year fiscal biennium
budget beginning with the two-year biennium which commences on January 1, 2023.
3.130.015 Adoption procedures for two-year biennium budget preparation.
The 2023-2024 biennial budget and all subsequent budgets shall be prepared,
considered, and adopted according to the provisions of this chapter law as presently
constituted or as hereinafter amended,
3.130.020 Mid-biennial preparation, submission, review and modification.
A. There shall be a mid-biennial review and modification of the fiscal biennium
budget.
B. No sooner than eight months after the start of the first year of the fiscal
biennium, nor later than the first regularly schedule city council meeting in
November of the first year of each fiscal biennium, if appropriate, the city manager
shall prepare and submit to the Council a proposed budget modification for the
upcoming fiscal year and shall provide for publication of notice of hearings
consistent with publication of notices for adoption of other City ordinances. The
city manager shall distribute such proposed budget modification to the members
of the city council, which shall become a public record and copies shall be made
available to the public upon request.
C. A public hearing regarding the modification shall be advertised at least
once and shall be held at a City Council meeting no later than the first Monday in
December and may be continued from time-to-time. At the public hearing or
thereafter, the city council may consider a proposed ordinance to adopt such
modification as it deems appropriate.
3.130.025 Reference to "budget" or annual budget."
All references to "budget" or "annual budget" contained in the Yakima Municipal
Code or in the ordinances of the City of Yakima shall be interpreted as referring to the
"biennial budget."
Section 2. Section 1.18.005 of the City of Yakima Municipal Code is amended to read
as follows:
1.18.005 Administrative organization—General provisions.
A. The city government administrative functions shall be performed by
departments administered by department heads who shall be responsible to the
city manager for the direction and control of their respective departments.The city
manager, an assistant city manager, and one executive administrative assistant,
heads of departments, divisions and offices identified by this chapter, lieutenants
in the police department, deputy fire chief, battalion chiefs in the fire department,
28
city attorney and assistant city attorneys comprise the management group of the
city government.
B. The administration of the city government shall be divided into the
following departments and shall provide the following described general
functions:
1. City Manager. Provides executive policy guidance and administrative
oversight in the effective discharge of city council policy and Charter and
ordinance provisions.
2. Legal. Provides legal services including the defense and prosecution of
civil lawsuits, drafting of legal documents and providing legal advice to the
city management and city council; prosecutes traffic offenses and other
criminal violations.
3. Police. Provides protection of persons and property from criminal acts.
4. Fire. Provides protection of persons and property from loss caused by
fires.
5. Public Works. Responsible for street maintenance, refuse collection,
equipment maintenance, building maintenance, garage operation for the city
bus transit system, construction, maintenance and operation of city parks,
cemetery, recreation facilities and programs, traffic engineering, water
irrigation, wastewater and stormwater operations, engineering, and such
other functions as may be directed by the city manager.
6. Community Development. Responsible for a housing rehabilitation
program, animal control, building, fire and construction codes and for
comprehensive physical and environmental planning and to direct proper
urban and economic growth and development; and performs such other
functions as may be directed by the city manager.
7. Finance and Budget. Responsible for providing financial planning,
budgeting, investments, fiscal management, purchasing, utility customer
services and for such other functions as may be directed by the city
manager.
8. Airport. Responsible for the operation of the Yakima Air Terminal,
maintenance of the airport grounds and all of the related airport real and
personal properties; providing safe, secure and FAA compliant provision of
commercial air service on behalf of the Yakima region; administering the
several property leases for airport tenants; managing the airport budget; and
performing such other functions as may be directed by the city manager.
9. Human Resources. Responsible for the creation, oversight and
administration of policies governing employee behavior and the behavior of
the city toward its employees. Areas of administration include, among
29
others, employee recruitment and retention, motivation, assignment
selection, benefits, labor law, compliance and contract negotiations,
performance reviews, training, professional development, mediation, change
management and civil service operation support. (Ord. 2017-007 § 1, 2017:
Ord. 2014-018 § 1, 2014: Ord. 2013-007 § 1, 2013: Ord. 2012-32 § 1 (Exh.
A) (part), 2012: Ord. 2012-18 § 1 (Exh. A) (part), 2012: Ord. 2005-19 § 1,
2005: Ord. 3191 § 1, 1989; Ord. 2865 § 1, 1985; Ord. 2703 § 1, 1983: Ord.
2570 § 1, 1981).
Section 3. Section 1.18.010 of the City of Yakima Municipal Code is amended to read
as follows:
1.18.010 City Manager—Powers and duties
The city manager shall be the chief executive officer and the head of the
administrative branch of the city government. He or she shall be responsible to
the council for the proper administration of all administrative affairs of the city and
to that end he or she shall have power and shall be required to:
1. Plan, direct and coordinate the administrative functions of the city and
administer and execute the laws and ordinances of the city;
2. Appoint and, when necessary for the good of the service, remove all
administrative officers and employees of the city, all in compliance with civil
service rules, regulations and laws; he or she may authorize the head of the
department or office to appoint and remove subordinates in such department
or office;
3. Prepare the budget and submit it to the council and be responsible for its
administration after adoption;
4. Prepare and submit to the council at the end of the fiscal year a complete
year-end financial report of the city for the preceding year;
5. Keep the council advised of the financial condition of future needs of the
city and make such recommendations as may seem to him or her as
desirable;
6. Administer all finance and fiscal matters of the city and countersign
warrants and approve claim vouchers and authorize travel for administrative
personnel;
7. Perform such other duties as may be prescribed by this chapter or
required of him or her by the council, not inconsistent with the Charter;
8. Prepare and submit to the council such reports as may be required by that
body or he or she may deem it advisable to submit;
30
9. Transfer between items within any class in the budget, and
notwithstanding the provisions of any statute to the contrary, the budgetary
transfers herein authorized may be made as between any offices,
departments, divisions, services, institutions, etc., or any combination thereof
within the city's organizational structure, which operate from the appropriations
of the same fund; provided, however, that no salary shall be increased above
the amount provided therefor in the budget and compensation plan.
10. Whenever the city manager is unable to personally perform the duties of
his or her office due to disability or absence from the city for a period less than
thirty days, the city manager may appoint a city employee to serve as acting
city manager, who shall supervise and be responsible for the effective
management and administration of city affairs and otherwise shall be
empowered with all the powers of the city manager, except the power to
appoint and remove heads or city departments and divisions; provided,
however, that whenever the city manager is unable to personally perform the
duties of his or her office due to disability or absence from the city for a period
of thirty days or more, the city council may, in its discretion, appoint a city
employee or other qualified person to perform the duties of interim city
manager. (Ord. 2012-32 § 1 (Exh. A) (part), 2012: Ord. 2012-18 § 1 (Exh. A)
(part), 2012: Ord. 2570 § 2, 1981: Ord. 2303§ 1, 1979: Ord. 2007 § 1, 1976:
Ord. 284, 1961: Ord. 7 § 1 , 1959).
Section 4. Section 1.18.040 of the City of Yakima Municipal Code is amended to read
as follows:
1.18.040 Fire department.
A. Under the general direction of the fire chief, the fire department shall:
1. Provide for the protection of persons and property and the elimination of
fire hazards, except to the extent that administration and enforcement of the
Uniform Fire Code and other fire prevention and safety codes are assigned by
this chapter to the office of code administration;
2. Perform such other duties as may be required by law and by the city
manager.
B. The fire department shall consist of three primary divisions, supervised by
the deputy chief of operations and logistics, the deputy chief of planning and
finance, and battalion chiefs responsible to the fire chief as follows:
1. The operations division, which shall be responsible for:
a. Responding to all alarms and preventing and extinguishing fires,
b. Protecting lives and property against loss from fire,
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c. Providing basic life support services within emergency medical
services systems,
d. Responding to and mitigating hazardous material emergency
incidents,
e. Maintaining all property and equipment charged to the fire
department,
f. Performing such other duties as may be assigned by the fire chief.
2. The training division, which shall be responsible for:
a. Training, education and safety of all department personnel,
b. Public education,
c. Coordination of emergency medical services training,
d. Performing such other training duties as may be assigned by the fire
chief.
3. The support services division, which shall be responsible for:
a. Repair and maintenance of city communications, fire alarms, and
related systems,
b. Repair and maintenance of all department equipment, physical
plants, and structures,
c. Fire investigations,
d. Performing such other duties as may be assigned by the fire chief.
4. Within the fire department, the deputy chief of planning and finance
shall be responsible for:
a. Emergency response.
b. Strategic planning.
c. Development of fire department policies.
d. Accreditation, survey and rating issues.
e. Preparing the budget.
f. Information and communications systems.
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g. Purchasing of equipment and materials.
h. Internal affairs investigations.
i. Liaison with other city departments and divisions.
j. Safety and risk management.
k. Apparatus, equipment and vehicle maintenance oversight.
I. Performing such other duties as may be assigned by the fire chief.
5. Within the fire department, the deputy chief of operations and logistics
shall be responsible for:
a. Emergency response.
b. Emergency medical service.
c. Local emergency planning committee representation.
d. Emergency operations center representation.
e. Fire investigation and fire inspections.
f. Training and oversight of fire department personnel.
g. Hazardous materials response and reporting.
h. Technical rescue operations.
i. Research, recommendation and selection of fire department
equipment.
j. Oversight of facility maintenance and operations.
k. Quartermaster duties.
I. Performing such other duties as may be assigned by the fire chief.
C. Public Safety Communications Division. Under the direction of the fire chief
or his/her designee, and in cooperation with the police chief, this division shall
cooperate to provide communication services to the police and fire departments
and other public agencies as directed by the city. (Ord. 2019-007 § 1, 2019: Ord.
2012-32 § 1 (Exh. A) (part), 2012: Ord. 2012-18 § 1 (Exh. A) (part), 2012: Ord.
2000-15 § 1, 2000: Ord. 96-44§ 2, 1996: Ord. 3192 § 1, 1989: Ord. 2570 § 7,
33
1982: Ord. 2472 § 1, 1980: Ord. 2355 § 1, 1979: Ord. 1748 § 3, 1975: Ord. 1572
§ 3, 1973: Ord. 7 § 4, 1959).
Section 5. Section 1.18.080 of the City of Yakima Municipal Code is amended to read
as follows:
1.18.080 Department of finance and budget.
The department of finance and budget, under the general direction of the director
of finance and budget, shall perform the responsibilities and duties generally described
as follows:
1. Financial Services. Under the supervision of the financial services
manager, this office shall:
a. Compile estimates for the budget;
b. Maintain a general accounting system for the city government and
exercise budgetary control over all expenditures by offices and
departments;
c. Perform internal audits of all city financial affairs;
d. Prepare a monthly report of the fiscal activities of all funds for the
preceding month and such other reports as may be required by the city
manager;
e. Determine the structure and operational characteristics of all
accounting systems used in the city government;
f. Maintain control and a running inventory of all fixed assets of the city;
g. Maintain a uniform utility accounting system for the water and sewer
utilities as required by state law;
h. Be responsible for the receipt, custody and disbursement of all city
funds, all local improvement district funds, and other trust funds, keeping
accurate accounts of all collections and disbursements for each fund;
i. Be the custodian of all city investments and bank collateral, investing
idle funds as may be prudent and lawful;
j. Prepare and submit all financial statements and reports required by
law;
34
k. Prescribe the times at and manner in which monies received by the
several offices and departments of the city shall be paid into the treasury
or deposited in a bank;
I. Make deposits of city funds in banks in the manner prescribed by law;
m. Purchase and sell bonds for the benefit of local improvement district
funds and the local improvement district guaranty fund;
n. Maintain and supervise a risk management program covering city
buildings, equipment and personnel;
o. Maintain an office for the purpose of receiving all money paid as bail
for nonmoving traffic violation citations;
p. Perform such other services as may be required by law or by the
director of finance and budget.
2. Office of Utility Customer Services. Under the supervision of the utility
customer services manager, this office shall:
a. Receive all customer applications for utility services;
b. Collect and maintain data for billing and collection of all customer
utility accounts;
c. Maintain an office, in conjunction with the department of finance and
budget, for the purpose of receiving all money paid as bail for nonmoving
traffic violation citations;
d. Perform such other services as may be required by law or the
director of finance and budget.
3. Office of Purchasing. Under the supervision of the purchasing manager,
this office shall:
a. Purchase all supplies, materials and services for the city, except the
service of specialists, upon properly executed requisitions;
b. Store all supplies and materials not delivered to the various
departments;
c. Supervise the disposal of surplus property;
d. Conduct management, operations and productivity analyses and
perform such other services as may be required by the city manager.
(Ord. 2012-32 § 1 (Exh. A) (part), 2012: Ord. 2012-18 § 1 (Exh. A) (part),
35
2012: Ord. 2001-29§ 3, 2001: Ord. 2829 § 2, 1984: Ord. 2570 § 13,
1981: Ord. 2011 § 1, 1976: Ord. 1748 § 8, 1975).
Section 6. Section 1.44.010 of the City of Yakima Municipal Code is amended to read
as follows:
1.44.010 Created—Personnel
There is hereby created a fire department in the city of Yakima which shall
consist of the following personnel: chief, battalion fire chief, fire marshal, chief mechanic,
signal superintendent, captain, lieutenant, signal maintenance man, firefighter, alarm
operator and secretary. The number of personnel in each of the above-mentioned ranks
shall be as determined by the city council in each budget ordinance. (Ord. 557, § 1,
1964: prior Ord. 202, 1960).
Section 7. Section 1.47.030 of the City of Yakima Municipal Code is amended to read
as follows:
1.47.030 Taxes from the budget.
All levies of taxes made by the city council in the budget for said fund shall be
paid into the same as soon as they are collected as well as all other moneys received
therefor from any and all sources. (Ord. A-573§ 3, 1921).
Section 8. Section 1.60.200 of the City of Yakima Municipal Code is amended to read
as follows:
1.60.200 Court operation
As part of the preliminary budget presentation, the presiding judge of the municipal
court will create a budget for the court and the city manager will make a recommendation
to the city council. The budget for the municipal court shall be as approved by the city
council. All employees of the municipal court shall, for all purposes be employees of the
city and shall be appointed by and serve at the pleasure of the court. (Ord. 2003-23 § 1,
2003: Ord. 96-68 § 1 (part), 1996).
Section 9. Section 2.20.020 of the City of Yakima Municipal Code is amended to read
as follows:
2.20.020 Content of plan.
The classification and compensation plan shall include:
1. The basic salary schedule as set forth in this chapter, and subsequent
amendments and additions thereto;
2. A schedule of salary ranges consisting of minimum and maximum rates
of pay for each position and minimum and maximum rates of pay, together
with intermediate steps, for all positions included in the city classification plan
as set forth in this chapter, and subsequent amendments and additions
thereto;
3. The budgets prescribed by the laws of the state of Washington. (Ord.
2014-023 § 2 (part), 2014: Ord. 1745 § 1, 1975: Ord. 194§ 2, 1960).
36
Section 10. Section 2.20.030 of the City of Yakima Municipal Code is amended to read
as follows:
2.20.030 Procedure for determination of salary ranges.
Salary ranges shall be linked directly to the plan of position classification and
shall be determined with due regard to ranges of pay for other classes, relative difficulty
and responsibility of positions in the class, availability of employees in particular
occupational categories, prevailing rates of pay for similar employment in private
establishments in the Yakima area, rates of pay in other jurisdictions, cost of living
factors, the financial policies of the city and other economic considerations. The
minimum and maximum and intermediate steps of each salary range shall be those
rates in the basic salary schedule which most nearly reflect these factors.
Prior to the preparation of each budget, as well as at other appropriate times, the
city manager shall make or direct to be made such comparative studies as he may
deem necessary, of the factors affecting the level of salary ranges. On the basis of
information derived from such studies, the city manager shall recommend to the council
for approval such changes in the salary ranges as are pertinent to the fairness and
adequacy of the overall salary structure. Such changes shall be accomplished by
increasing or decreasing the salary ranges the appropriate number of ranges as
provided in the basic salary schedule. The rate of pay for each employee shall be
adjusted to the corresponding step in the new range in conformance with the
adjustment of the salary range for the class. (Ord. 2014-023 § 2 (part), 2014: Ord. 194 §
3, 1960).
Section 11. Section 2.20.080 of the City of Yakima Municipal Code is amended to read
as follows:
2.20.080 Effect of Budget.
Employees in each position in the civil service shall be compensated according
to the basic salary schedule and salary ranges set forth in this chapter, and
subsequent amendments and additions thereto, and in accordance with
the budgets adopted by the council pursuant to the laws of the state of Washington. In
cases of promotion, transfer and the return of an employee after leave of absence, and
in cases of classification of positions which, under YMC 2.20.060 and other provisions
of this chapter, require the payment of a different wage or salary than that specifically
set forth in the budget, the compensation to be paid in such cases shall be figured and
paid in accordance with YMC 2.20.060 and other pertinent sections of this chapter
without ordinance or council action, if the payment thereof can lawfully be made from
funds appropriated under the current budget, under the item of salaries and wages,
without exceeding appropriation.
In cases where the budget makes provisions for the payment of compensation
for any position differing from the compensation set forth in said salary ranges in order
to comply with the provisions of YMC 2.20.050(A), the employee affected by the
provision of said section shall be paid the compensation for such position as set forth
in the budget, and in all cases where no provision is made in said salary ranges the
compensation to be paid any employee shall be that set forth in the budget or such
compensation as shall be lawfully authorized by the city council. (Ord. 2014-023 § 2
(part), 2014: Ord. 194 § 8, 1960).
37
Section 12. Section 2.20.085 of the City of Yakima Municipal Code is amended to read
as follows:
2.20.085 Reimbursement for expenditure.
In addition to the prescribed rates of pay and other allowances provided for in
this chapter, officers and employees of the city shall be entitled to reimbursement for,
or the benefit from, the following classes of official expenditures:
1. Officers and employees shall be entitled to reimbursement for expenses
which may lawfully be incurred when they are required, with specific written
approval of the city manager, to make necessary out-of-pocket expenditures
within or without the city of a nature beyond those normally associated with
the performance of the routine official duties of such individuals, for purposes
which principally promote, develop or publicize the city's best interests.
2. In the event the city manager of the city of Yakima determines that in
order to secure the services of any person not residing within the Yakima
area as an employee of the city of Yakima, it is necessary to pay the cost of
moving the household goods and personal effects of such person from his
place of residence to the city of Yakima upon his appointment to city service,
then payment of reasonable and necessary moving costs may be made from
appropriate available maintenance and operation funds in the city's budget,
upon the approval of the city manager.
3. The council finds that in selecting personnel to fill positions in the city of
Yakima requiring special experience and training to qualify for such positions,
it becomes necessary, in order to ensure selection of the most qualified
applicant, that applicants for such positions be personally interviewed, and
that in certain cases the expense to the city of sending members of boards,
commissions and other officers of the city to various localities for the purpose
of conducting such interviews exceeds the cost to the city government of
providing that the interviews be had in the city of Yakima at the city's expense
and that the payment by the city of the necessary travel and subsistence
expenses for a limited number of applicants to be brought to the city will
result in a saving of expense to the city in the outlay of travel and subsistence
expenses or in the time which would be lost by reason of regular officers or
employees of the city conducting the interviews elsewhere. The council
further finds that in such cases the payment by the city of the travel and
subsistence expense of applicants requested to come to the city of Yakima
for interview is a proper municipal expense and for a proper municipal
purpose.
4. In order to make a proper determination of the facts in cases where
authority is requested to bring in applicants for any position in the city of
Yakima at the city's expense, the city manager is authorized to determine the
facts, and, upon approval by the city manager, based upon a determination
that the payment by the city of the expenses of bringing a limited number of
applicants to the city of Yakima for interview is necessary to make possible
the selection of the best available applicant for a position involving special
38
skill and experience to properly discharge the duties thereof, and that the
payment of the expense of bringing said applicants to the city is less than the
expense and loss to the city in sending its officers, commissions or boards to
conduct said interview elsewhere, and that funds for the payment of such
expenses are lawfully available, payment therefor shall be considered as
approval by the city council and shall be paid from the fund to which said
expenses are properly chargeable.
5. Training and Education.
a. Policy. The city council encourages the training and education of city
officers and employees to the end that they may more effectively render
services to the public in performing assigned duties or in preparing to
assume higher responsibilities within the city service.
b. Reimbursement. Officers and employees shall be entitled to
reimbursement for ordinary and reasonable expenses incurred in
pursuing such training and education on compliance with the following
conditions:
(1) In the opinion of the city manager, the seminar or course of
study must be related to the performance of duties of the officer or
employee in rendering service to the public, or must assist the officer
or employee in preparing to assume higher responsibilities within the
city service by promotion or otherwise;
(2) Specific written approval for the seminar or course of study must
be obtained in advance from the city manager or his designate; and
(3) Funds for reimbursement to the officer or employee must be
lawfully available within the city's budget or by appropriation therein.
6. Professional Fees, Licenses, and Membership Dues.
a. Management employees shall be entitled to direct payment by
the city of Yakima or reimbursement to the employee, for
professional fees, licenses and membership dues applicable to any
such employee, in an amount approved by the city manager.
b. Funds for this purpose must be lawfully available within the city's
budget or by appropriation therein. (Ord. 2014-023 § 2 (part), 2014:
Ord. 3403 § 4, 1991: Ord. 2302 § 1, 1979: Ord. 2088 § 1, 1977: Ord.
189 § 1, 1976; Ord. 748, 1965: Ord. 208, 1960: Ord. 194 § 9A,
1960).
39
Section 13. Section 3.03.030 of the City of Yakima Municipal Code is amended to read
as follows:
3.03.030 Levy of taxes for guaranty fund.
The city shall at the time of making its budget and levy provide for the levy of a
sum sufficient, together with other sources of money for the guaranty fund, to pay any
warrants issued against the guaranty fund during the preceding fiscal year pursuant to
Section 3.03.060 and establish a balance therein; provided, however, that the levy in any
one year shall not exceed five percent of the outstanding obligations then guaranteed by
the guaranty fund. (Ord. 2465 § 1 (part), 1980).
Section 14. Section 3.36.030 of the City of Yakima Municipal Code is amended to read
as follows:
3.36.030 Appropriation for fund in budget.
The city council is authorized to include in each budget hereafter, an appropriation
for garbage collection and disposal, including operation and maintenance of equipment
therefor; which appropriation shall be credited to the fund immediately upon becoming
available. (Ord. B-1331 § 4, 1951).
Section 15. Section 3.82.030 of the City of Yakima Municipal Code is amended to read
as follows:
3.82.030 Purposes—Expenditures
(a) The moneys in the contingency fund may be used to meet any municipal
expense, the necessity or extent of which could not have been foreseen or reasonably
evaluated at the time of adopting the budget, or from which to provide moneys for those
emergencies described in RCW 35.33.081 and 35.33.091.
(b) No expenditures shall be made from such fund unless the city council shall
approve such expenditure by passing an ordinance appropriating money within the fund
for the purpose for which the expenditure is to be made or by including an appropriation
for such purpose in the budget. (Ord. 1273 § 1 (part), 1970).
Section 16. Section 3.92.050 of the City of Yakima Municipal Code is amended to read
as follows:
3.92.050 Proceeds to be credited to special funds—Limitations on use.
All proceeds of the local option hotel/motel excise tax imposed under this chapter
shall be deposited in special funds as appropriated in any budget or otherwise by the city
council. Expenditures from these funds shall be made only for the purposes authorized
for the city of Yakima by RCW 67.28.210, and subsequent amendments thereto. (Ord.
95-52 § 5, 1995).
Section 17. Section 3.93.040 of the City of Yakima Municipal Code is amended to read
as follows:
3.93.040 Capital improvement fund for convention center and performing arts
center facilities.
40
A. There has heretofore been created a special fund known as the capital
improvement fund for convention center and performing arts center facilities.
B. Source of Funds. All proceeds of the special excise tax imposed and
administered as provided by Sections 3.93.010, 3.93.020 and 3.93.030 of the City of
Yakima Municipal Code, or any portion of such tax not otherwise appropriated in
any budget or otherwise for expenditure from some other appropriate fund, shall be
deposited in the capital improvement fund for convention center and performing arts
center facilities, together with all proceeds to the city consisting of excess profits
derived from the operation of Capitol Theatre and funds from other sources as may be
determined from time to time by the Yakima City Council.
C. Purpose—Expenditures.
(1) Expenditures from the capital improvement fund for convention center
and performing arts center facilities shall be made only to pay or secure the
payment of all or any portion of general obligation bonds or revenue bonds
issued for the purposes authorized by Chapter 67.28 RCW, and for the
purposes of paying all or any part of the cost of tourism promotion and the
cost of acquisition and operation of tourism-related facilities; provided
proceeds to the city consisting of excess profits derived from the operation of
the Capitol Theatre shall be spent only for the repair and restoration of the
Capitol Theatre building and fixtures and appurtenances thereto and for other
capital expenditures incurred by the city arising from the ownership of the
Capitol Theatre premises, and to maintain and preserve the Capitol Theatre
premises and improvements thereto.
(2) No expenditure shall be made from the capital improvement fund unless
the city council shall approve such expenditure by passing an ordinance
appropriating money within the fund for the purpose for which the expenditure
is to be made or by including an appropriation for such purpose in
any budget. (Ord. 98-56 § 4, 1998: Ord. 97-48 § 4, 1997: Ord. 2389 § 1,
1980: Ord. 2016 § 1, 1976: Ord. 1624 § 1 (part), 1974).
Section 18. Section 3.98.030 of the City of Yakima Municipal Code is amended to read
as follows:
3.98.030 Expenditures
Expenditures from the Capitol Theatre operating fund shall be made only for the
purposes specified in Section 3.98.010. No expenditure shall be made from such fund
unless the city council approves such expenditure by passing an ordinance appropriating
money within such fund for the purpose for which the expenditure is to be made, or by
including an appropriation for such purpose in the budget. (Ord. 2389 § 4, 1980: Ord.
1654 § 1 (part), 1974).
Section 19. Section 4.16.230 of the City of Yakima Municipal Code is amended to read
as follows:
4.16.230 Municipal garbage collection service fund
41
(a) There is created a special fund of the city of Yakima to be known as the
"municipal garbage collection service fund," which fund is established for the purpose of
accumulating moneys derived from the operation and maintenance of the garbage
collection and disposal service of the city of Yakima; and for the purpose of defraying all
of the operating and maintenance expenses and costs incurred by the city of Yakima in
the collection and disposal of garbage and refuse.
(b) The city treasurer is authorized, empowered and directed to deposit any
and all moneys received in payment of said garbage collection and disposal service, to
the credit of the fund hereby created.
(c) The city council is authorized to include in each budget hereafter, an
appropriation for garbage collection and disposal, including operation and maintenance
of equipment therefor; which appropriation shall be credited to said fund immediately
upon becoming available.
(d) There shall be paid from the fund hereby created, all garbage collection
and disposal costs and expenses, including salaries and wages, operation and
maintenance of equipment and all other operating costs, fees, charges and expenses.
(Ord. 2013-009§ 1 (part), 2013: Ord. B-1523 § 19, 1953).
Section 20. Section 5.99.010 of the City of Yakima Municipal Code is amended to read
as follows:
5.99.010 Definitions.
As used in this chapter, the following terms, unless the context otherwise
dictates, shall have the following meanings:
"Agreement" means the interlocal cooperation agreement between the city of
Yakima, the city of Union Gap, the city of Selah and Yakima County for the
establishment of a Yakima County tourism promotion area by the city of Yakima
as authorized by RCW 35.101.040(2).
"Budget" means the Yakima County tourism promotion area budget for a fiscal
year, as adopted or amended by the city council of the city of Yakima, after the
receipt of a recommendation from the Yakima hotel and motel commission,
identifying all estimated revenue from tourism promotion charges for the fiscal
year, and providing for all proposed uses of tourism promotion charge revenue
for the purpose of providing tourism promotion in Yakima County for the ensuing
fiscal year.
"Lodging business" means business located within the Yakima County tourism
promotion area that furnishes lodging taxable by the state under RCW
Chapter 82.08 and that is classified as a hotel or motel with forty or more lodging
units. Reasonable vehicle parks and campgrounds are not included.
42
"Operator" means the operator of a lodging business, whether in the capacity of
owner, general manager, lessee, sublessee, mortgagee in possession, licensee,
designee, or any other similar capacity.
The "promotion of tourism and convention business" means activities and
expenditures designed to increase tourism and convention business, including
but not limited to advertising, publicizing, or otherwise distributing information for
the purpose of attracting and welcoming tourists to the city of Yakima and the
unincorporated areas of Yakima County.
"Tourism promotion charge" means the charge imposed by the city of Yakima on
the furnishing of lodging by a lodging business within the Yakima County tourism
promotion area for the purpose of providing for funding of the promotion of
convention and tourism business, under the authority of RCW 35.101.050, in
Yakima County.
"Yakima County tourism promotion area" means the tourism promotion area with
boundaries that include the city of Yakima and the unincorporated areas of
Yakima County and which was established by the ordinance of the city council
of the city of Yakima pursuant to the authority of RCW Chapter 35.101 as
authorized by the resolutions of the city council of the city of Yakima and the
county commissioners of Yakima County adopting the terms of the agreement.
"Yakima hotel and motel commission" means the Yakima hotel and motel
commission, established by the city of Yakima, whose members are appointed
by the county commissioners of Yakima County and the city council of the city of
Yakima to provide recommendations to the city council of the city of Yakima on
proposed uses and projects of the Yakima County tourism promotion area. (Ord.
2011-21 § 1 (part), 2011: Ord. 2010-37§ 1 (part), 2010: Ord. 2004-17 § 1 (part),
2004).
Section 21. Section 5.99.060 of the City of Yakima Municipal Code is amended to read
as follows:
5.99.060 Establishment of Yakima hotel and motel commission.
A. The city council of the city of Yakima, pursuant to the authority of
RCW 35.101.1301(1), hereby establishes a seven-member Yakima hotel and
motel commission to advise the city council of the city of Yakima on the
expenditure of tourism promotion charge revenues by the Yakima County tourism
promotion area to fund tourism promotion in Yakima County, which shall be
composed of five voting members and two nonvoting members who shall be
appointed in the manner set forth in this section.
B. Voting members of the Yakima hotel and motel commission shall be
selected by the city council of the city of Yakima in the manner set forth in
subsections C and D of this section, from a list of nominees prepared by the
Yakima Valley lodging association. All nominees for voting membership on the
Yakima hotel and motel commission must be operators of lodging businesses
within the Yakima County tourism promotion area or employed by the operator of
such a lodging business.
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C. The city council of the city of Yakima shall appoint five voting members to
represent the city of Yakima, with the voting members appointed by the city of
Yakima representing qualified lodging businesses that are located within the city
limits of the city of Yakima or within the unincorporated areas of the county
tourism promotion area.
D. One nonvoting member of the commission shall be appointed from the
members of the county commissioners of Yakima County and one nonvoting
member shall be appointed from the members of the city council of the city of
Yakima. Nonvoting members of the Yakima hotel and motel commission may
participate in all discussions regarding proposed activities and programs by the
Yakima County tourism promotion area for the promotion and marketing of
tourism in Yakima County but shall not have voting rights.
E. The initial voting members of the Yakima hotel and motel commission shall
serve staggered terms, with one member serving a one-year term, two members
serving two-year terms, and two members serving three-year terms. The length
of the term for each individual member of the initial Yakima hotel and motel
commission shall be chosen by lot at the first meeting of the commission.
Thereafter, all voting members subsequently appointed to the Yakima hotel and
motel commission shall serve for three-year terms.
F. All of the revenues from tourism promotion charges collected by the city
council of the city of Yakima from lodging businesses within the jurisdiction of
the unincorporated area of Yakima County and the city of Yakima shall be
allocated by the city council of the city of Yakima in accordance with
the budget for the Yakima County tourism promotion area. The Yakima hotel
and motel commission shall make a recommendation to the city council of the
city of Yakima on all budgets; however, the city council of the city of Yakima
shall have the ultimate authority to set and approve all budgets. (Ord. 2011-21
§ 1 (part), 2011: Ord. 2010-37 § 1 (part), 2010: Ord. 2004-17§ 1 (part), 2004).
Section 22. Section 7.60.105 of the City of Yakima Municipal Code is amended to read
as follows:
7.60.105 Rates, charges and fees for pretreatment program.
A. It is the purpose of this section to provide for the payment of rates, charges
and fees for certain discharges to the wastewater system, to compensate the city
for the cost of administration of the pretreatment program established in
Chapter 7.65. Connection charges for dischargers subject to Chapter 7.65 are as
set forth in Chapter 7.68 of this code.
B. Rates, Charges and Fees to Be Published. The wastewater manager shall
maintain a schedule of current rates, charges and fees, shall post such schedule
conspicuously, and shall make copies available to interested persons. Upon
request, the wastewater manager shall prepare an estimate of annual fees for a
significant industrial user.
44
C. Significant Industrial Users (Sills). Commencing on the effective date of the
ordinance codified in this section, SIU permit fee amounts shall be set at ninety
percent of that amount identified in the industrial facility categories of WAC 173-
224-040. The permit fee shall cover the costs of administering the SIU
wastewater discharge permit program including inspections, technical
assistance, education, and compliance administration. Costs associated with any
sampling and testing shall be in addition to the permit fee. This annual fee is
based on the state's fiscal year (July 1st—June 30th).
D. Monthly Base Fee for Minor Industrial Users (MIUs). Commencing on the
effective date of the ordinance codified in this section and until amended
pursuant to subsection F of this section, minor industrial users (as defined in
Chapter 7.65) shall pay a monthly base fee for pretreatment service, as shown in
the following table:
Charge Charge Charge Charge
Effective Effective Effective Effective
January 11, January 1, January 1, January 1,
2019 2020 2021 2022
MIU $150.24 $156.76 $163.53 $170.56
base fee
The daily rate for MIUs shall be the monthly rate divided by 30.417.
Significant industrial users shall not be subject to the base fee for minor industrial
users.
E. Charges and Fees for Related Services. Commencing on the effective date
of the ordinance codified in this section and until amended pursuant to
subsection F of this section, significant industrial users shall pay the sampling
and laboratory testing charges and fees provided below for those specific
services described or listed below. All customers shall also be subject to the
sampling, laboratory testing, and flat rate charges and fees provided below, in
addition to any base rate provided for in subsection D of this section, but only for
those services requested by the customer or provided as part of a required
compliance inspection.
(1) Sampling Charge. The sampling charge includes sampler set-up, pick-
up, and statistical analysis, as well as billing program charges from the
customer service manager. The sampling fee is based on the length of the
sampling period, pursuant to the following schedule:
` Charge Charge Charge Charge
Effective Effective Effective Effective
Sampling January January January January
Period 11, 2019 1, 2020 1, 2021 1, 2022
First day $250.47 $257.98 $265.72 $273.69
Each $102.92 $106.01 $109.19 $112.46
subsequent
45
Charge Charge Charge Charge
Effective Effective Effective Effective
Sampling January January January January
Period 11, 2019 1, 2020 1, 2021 1, 2022
day in the
same
sampling
period
(2) Laboratory Testing Fees. A laboratory testing fee is assessed for each
type of test conducted on each sample. Fees are assessed pursuant to the
following schedule:
Charge Charge Charge Charge
Effective Effective Effective Effective
January January January January
Test 11, 2019 1, 2020 1, 2021 1, 2022
BOD- $54.29 $55.92 $57.60 $59.33
Biochemical
Oxygen
Demand
TSS-Total $54.29 $55.92 $57.60 $59.33
Suspended
Solids
pH $27.14 $27.95 $28.79 $29.66
BOD Soluble $81.43 $83.87 $86.39 $88.98
COD $54.29 $55.92 $57.60 $59.33
COD Soluble $81.43 $83.87 $86.39 $88.98
TDS $54.29 $55.92 $57.60 $59.33
Alkalinity $27.14 $27.95 $28.79 $29.66
(Carbonate)
Ammonia (Ion $27.14 $27.95 $28.79 $29.66
Selective Probe)
Chlorine $27.14 $27.95 $28.79 $29.66
Residual
(Colorimetric)
Dissolved $27.14 $27.95 $28.79 $29.66
Oxygen (Azide)
Dissolved $27.14 $27.95 $28.79 $29.66
Oxygen
(Membrane)
Fecal Coliform $81.43 $83.87 $86.39 $88.98
FOG-Fats, Oils $108.58 $111.84 $115.20 $118.65
and Grease
MPN $542.89 $559.18 $575.95 $593.23
46
Charge Charge Charge Charge
Effective Effective Effective Effective
January January January January
Test 11, 2019 1, 2020 1, 2021 1, 2022
Nitrate $54.29 $55.92 $57.60 $59.33
Nitrite $54.29 $55.92 $57.60 $59.33
Organic/Volatile $27.14 $27.95 $28.79 $29.66
Acids
Total Volatile $54.29 $55.92 $57.60 $59.33
Solids
BNA (b) Outside Outside Outside Outside
Semivolatiles Market Market Market Market
Costs (a) Costs (a) Costs (a) Costs (a)
TPH (b) Outside Outside Outside Outside
Market Market Market Market
Costs (a) Costs (a) Costs (a) Costs (a)
Metals $414.18 $426.61 $439.41 $452.59
Metals Graphite $579.86 $597.25 $615.17 $633.63
Furnace
Pesticides/PCBs Outside Outside Outside Outside
Market Market Market Market
Costs (a) Costs (a) Costs (a) Costs (a)
BTEX (b) Outside Outside Outside Outside
Market Market Market Market
_ Costs (a) Costs (a) Costs (a) Costs (a)
Notes:
(a) This testing is conducted by an outside laboratory. The actual fee
will be based on the actual cost of the test performed, plus any related
costs and taxes incurred.
(b) Glossary:
BNA: base neutral acids (semivolatile organic compounds).
BTEX: benzene, toluene, ethylbenzene, and xylene (highly volatile
hydrocarbons).
TPH: total petroleum hydrocarbons (includes oils, gasoline, diesel, and
other fuels).
(3) Other related service fees are assessed on each of certain
transactions or services, pursuant to the following schedule:
47
Charge Charge Charge Charge
Effective Effective Effective Effective
Transaction January January January January
or Service 11, 2019 1, 2020 1, 2021 1, 2022
Discharge LS $567.00 $584.01 $601.53 $619.58
authorization
(a)
Compliance HR $149.50 $153.99 $158.61 $163.37
inspection
Dye testing HR $149.50 $153.99 $158.61 $163.37
Smoke HR $149.50 $153.99 $158.61 $163.37
testing
TVing HR $214.86 $221.31 $227.95 $234.79
(location)
TV new LF $2.28 $2.35 $2.42 $2.49
construction
(we do)
TV new LF $1.49 $1.53 $1.58 $1.63
construction
(they do)
Notes:
(a) Includes only the first fifty thousand gallons of flow. See
Chapter 7.65.
F. Amendment of Base Rates, Charges and Fees.
(1) The base rate or rates ("rates"for purposes of this subsection) set forth
in subsection D of this section may be amended from time to time by
ordinance of the city council. Any such amendment shall be based upon
changes in the city's cost of providing wastewater pretreatment service as
reflected in the city's budget.
(2) The charges and fees set forth in subsection E of this section may be
amended from time to time by ordinance of the city council upon
recommendation of the wastewater manager. Such amendments shall be
based on changes in the costs of providing sampling, laboratory and
miscellaneous wastewater pretreatment services. In determining whether
there has been a change in the costs of providing service, the city council
may consider the city's expenses associated with obtaining services from
private laboratories and other third persons, and the city's own
administrative and other costs.
G. Money to Be Credited to Wastewater Operating Fund. All moneys collected
pursuant to this section shall be paid into and credited to the wastewater
operating fund as provided in Chapter 3.101. (Ord. 2018-048 § 4, 2018: Ord.
48
2016-036 § 5, 2016: Ord. 2011-65 § 4, 2011: Ord. 2011-62 § 4, 2011: Ord. 2009-
49 § 9, 2009: Ord. 2007-65 § 14, 2007: Ord. 2003-75 § 14, 2003).
Section 23. Section 7.80.020 of the City of Yakima Municipal Code is amended to read
as follows:
7.80.020 Creation of storm drainage and surface water management utility.
Pursuant to ROW 35.67.010 through 35.67.020 and ROW 35.92.020,
there is hereby created a city storm drainage and surface water utility.
The storm drainage and surface water management utility, under the legislative
policy, supervision and control of the governing body of the city, shall perform the
following activities within the city:
(1) Administer the acquisition, design, construction, maintenance and
operation of the stormwater and surface water system, including capital
improvements designated in the capital improvement program;
(2) Administer and enforce this chapter and all regulations and procedures
adopted thereto relating to the design, construction, maintenance, operation
and alteration of the stormwater and surface water system, including, but not
limited to, the quantity, quality and/or velocity of the stormwater conveyed
thereby;
(3) Advise the city's governing body and other city departments on matters
relating to the utility;
(4) Prepare and periodically revise, as determined by state and federal law,
a comprehensive stormwater management plan for adoption by the city's
governing body;
(5) Develop standards and ordinances relating to stormwater drainage and
treatment to apply to new development and redevelopment;
(6) Enforce regulations to protect and maintain water quality and quantity
within the stormwater and surface water system in compliance with water
quality standards established by state, regional and/or federal agencies as now
adopted or hereafter amended;
(7) Analyze the cost of services and benefits provided to and burdens
imposed by different classes of customers, and the system and structure of
fees, charges, civil penalties and other revenues of the utility, and
prepare budgets for adoption by the city's governing body; and
(8) Perform all other activities allowable by law and required to ensure
compliance with state and federal stormwater and surface water quality laws.
(Ord. 2004-73 § 1 (part), 2004).
Section 24. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall
not affect the validity of the remaining portions of this ordinance.
Section 25. This ordinance shall take effect immediately upon its passage, approval
and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 5th day of April, 2022.
49
Janice Deccio, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
First Reading: April 5, 2022
Publication Date:
Effective Date:
50
F to
I
FINANCE
TO: Mayor and City Council
FROM: Jennifer Ferrer-Santa Ines, Director of Finance and Budget
DATE: March 22, 2022
RE: Biennial Budgeting for City of Yakima
City staff discussed the biennial budgeting process at Council's March 8th study
session. During this meeting, staff reviewed the current annual budget process
and cited benefits of transitioning to a biennial budget process.
More efficient use of staff time: The most common reason cited for using a
biennial budget approach is to consolidate the amount of effort invested by the
City Council and staff in preparing, developing the budget, and reviewing various
documents. While forecasting for twenty-four months takes more time than
twelve months, it does not take significantly more and therefore the time savings
derived from the simplified "mid-biennium budget review" process in the first year
of the biennium results in significant time savings. Staff time not spent in budget
development can be invested in strategic planning, special project analysis,
performance measurement, and delivering work plan goals.
Long-range perspective: As noted above, another advantage is the longer
perspective afforded to the organization in its budgetary planning. Instead of City
Council spending time preparing, reviewing, and approving annual budgets a
biennial budget approach affords more focused time for staff to improve financial
management and departmental oversight and for Council to make financial
decisions over longer timeframes. Since the timeline is extended from one year
to two, budgeting can be better coordinated with capital improvements, fleet
management changes, or other major expenditures.
The National Advisory Council on State and Local Budgeting (Recommended
Budget Practices: A Framework for Improved State and Local Government Budgeting
(gfoa.orq)) recommends long-range planning as one of the five essential features
of good budgeting.
"A good budget process is characterized by several essential features. A good
budget process: incorporates a long-term perspective, establishes linkages to
broad organizational goals, focuses budget decisions on results and outcomes,
involves and promotes effective communication with stakeholders, and provide
incentives to government management and employees." P. 3 Recommended
51
-4 ---�f
-. ;.,o
F I
FINANCE
Budget Practices: A Framework for Improved State and Local Government
Budgeting. 1998.
There are a number of municipalities in the State preparing biennial budgets.
These include Renton, Federal Way, Bellevue, Kirkland on the west side and
Kennewick, Walla Walla, Pasco, Pullman as neighboring cities of Yakima. A
growing list of cities, both small and large have transitioned to biennial budgeting.
A longer list of cities with biennial budgets can be found at Municipal Research
and Services Center (MRSC) at the link below.
MRSC - Biennial Budgeting
Due to the nature of changes in priorities or the availability of more current
information, the budget is amendment/modified as necessary throughout the
year, once per quarter. Council is briefed on these matters and the information is
included for Council review and approval throughout the year.
Transitioning to a two-year budget will not change the opportunity to amend the
budget, if needed. The required steps for an annual budget's and a biennial
budget's process are very similar. One distinction is the requirement in RCW
35A.34.130 for a "mid-biennium review and modification". This review and
modification is to start no sooner than September 1 of the first year of the
biennium and be completed by the end of the year. The purpose of this review is
to "tune up" the budget or make larger changes if needed to adjust for
unforeseen changes in revenues or expenditures. This "mid-biennium budget
review" process would replace the annual budget process in that year, resulting
in significant time savings for the City Council and staff. Public hearings are
required if any modifications to the adopted budget are proposed.
The ongoing quarterly updates of the City's financial status, monthly treasury
reports and disbursements will continue to be included in Council materials to
promote transparency and periodic fiscal review.