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Home My WebLink About04/05/2016 Business Meeting 381 �;;, X ? 5 %of YAKIMA CITY COUNCIL April 5, 2016 City Hall -- Council Chambers 6 p.m. Business Meeting -- MINUTES BUSINESS MEETING 1. Roll Call Council: MayorAvina Gutierrez, presiding, Assistant Mayor Holly Cousens, Council Members Kathy Coffey, Dulce Gutierrez, Bill Lover, and Carmen Mendez Staff: Interim City Manager Cutter, Acting City Attorney Kunkler and City Clerk Claar Tee Absent: Council Member Maureen Adkison (excused) 2. Pledge of Allegiance Mayor Gutierrez led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order Mayor Gutierrez announced there is translation services available. A. Proclamations National Tele Communicators Week Mayor Gutierrez proclaimed April 10 -16, 2016, as National Tele Communicators week and Stacey Garcia, Public Safety Communications Supervisor, accepted it and thanked Council for their support. ii. School foundation proclamation Mayor Gutierrez proclaimed April 5, 2016, as Yakima Schools Foundation day and Corey Hodge, Debra Yergen and Patricia Byers accepted it. B. Presentations / Recognitions / Introductions i. Yakima Arboretum presentation (10 minutes) Jheri Ketchum and Colleen Adams - Schuppe, Co- executive Directors of the Yakima Area Arboretum, presented a PowerPoint video on the Yakima Area Arboretum, noting it is owned by the City with an agreement set to expire in 2021. The arboretum has over 32 acres with 1,000 trees and another 14 acres in a natural state. C. Appointments to Boards, Commissions and Council Committees Page 1 of 6 382 Council Nominating Committee recommendations for appointment Council Member Lover recommended appointment of those recommended by the Council Nominating Committee. This was approved by Council consensus. 4. Council Reports None. 5. Consent Agenda Mayor Gutierrez referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from Council members or citizens present. There were no changes. The City Clerk read the Consent Agenda items, including resolutions and ordinances, by title. (Items on the Consent Agenda are handled under one motion without further discussion —see motion directly below.) MOTION: Mendez moved and Lover seconded to approve the consent agenda. The motion carried by a unanimous vote, Adkison absent. A. Set May 3, 2016 as the date for an open record public hearing on the proposed development agreement for Powerhouse Villas, submitted by DMF Investments B. Resolution setting the date for a public hearing to be held at 6:30 pm on April 19, 2016 in the City of Yakima Council Chambers to amend the six -year Transportation Improvement Program RESOLUTION NO. R- 2016 -041, A RESOLUTION fixing the time and place of a hearing for April 19, 2016 at 6:30 pm in the Council Chambers at City Hall to amend the 2016 through 2021 Six -Year Transportation Improvement Program. C. Resolution authorizing Right -of -Way Use Permit for Weise Holding LLC to install an electric vehicle charging station in the sidewalk at 17 North 3rd Street RESOLUTION NO. R- 2016 -042, A RESOLUTION authorizing issuance of a right -of -way use permit to allow the installation of an electric vehicle charging station in the right -of- way /sidewalk at 17 N. 3rd St. D. Resolution authorizing a lease agreement with the City of Tieton and Yakima Tieton Irrigation District to lease 30 shares of City entitled Yakima Tieton Irrigation District water to the City of Tieton for the water year 2016 RESOLUTION NO. R- 2016 -043, A RESOLUTION authorizing the City Manager to execute the attached and incorporated lease agreement with the City of Tieton and Yakima Tieton Irrigation District to lease 30 shares of Yakima Tieton Irrigation District water to the Town of Tieton for the water year 2016. E. Resolution authorizing the purchase of a used water tender, and waiver of the competitive bidding process RESOLUTION NO. R- 2016 -044, A RESOLUTION authorizing the purchase of a used 2001 Kovatch Mobile Engine (Water Tender), from the Town of Little Elm Fire Department, Texas, and reciting special market conditions. F. Resolution declaring the property located at 5511 SummitviewAvenue, Yakima, Page 2of6 383 Washington, to be surplus to the uses and needs of the City and authorizing disposition of such parcel RESOLUTION NO. R - 2016 - 045, A RESOLUTION declaring the property located at 5511 SummitviewAvenue, Yakima, Washington, 98908 to be surplus to the uses and needs of the City of Yakima, and authorizing disposition of such parcel. G. Resolution approving the Purchase and Sale Agreement with Vegabond Properties, LLC for the property at 5511 SummitviewAvenue RESOLUTION NO. R 2016 - 046, A RESOLUTION approving the Purchase and Sale Agreement between the City of Yakima and Vegabond Properties, LLC for the property at 5511 SummitviewAvenue, Yakima, Washington, 98908, and approving the City Manager to sign the same. H. Resolution authorizing a Professional Services Contract with Dennis Miner for Firearms Services RESOLUTION NO. R - 2016 - 047, A RESOLUTION authorizing the City Manager of the City of Yakima to execute Professional Services Contract for firearms training and other armory services between the Yakima Police Department and Dennis Miner I. Resolution authorizing an Intergovernmental Cooperative /Mutual Aid Agreement between the Yakima Police Department and the City of Cleveland, Ohio, for operational assistance in providing security for the 2016 Republican National Convention in Cleveland, Ohio RESOLUTION NO. R 2016 - 048, A RESOLUTION approving an Intergovernmental Cooperative /Mutual Aid Agreement between the Yakima Police Department and the City of Cleveland, Ohio, for operational assistance in providing security for the 2016 Republican National Convention in Cleveland, Ohio. J. Resolution authorizing an agreement with the Downtown Association of Yakima for beautification, improvement and promotion of downtown Yakima RESOLUTION NO. R 2016 - 049, A RESOLUTION authorizing an agreement with the Downtown Association of Yakima for beautification, improvement and promotion of downtown Yakima K. Resolution authorizing agreement with Huibregtse, Louman Associates for engineering services to design and provide construction administration for acquiring Snow Removal Equipment at the Yakima Air Terminal RESOLUTION NO. R - 2016 - 050, A RESOLUTION authorizing the City Manager to execute an Engineering Services Agreement with Huibregtse, Louman Associates, Inc. (HLA), in the amount not to exceed $44,713.00 to provide Engineering Services for design and construction administration for Snow Removal Equipment. L. Ordinance Amending the 2016 Budget for 2015 Year - End Encumbrances (Second Reading) ORDINANCE NO. 2016 AN ORDINANCE amending the 2016 budget for the City of Yakima; and making appropriations for 2015 Year -End Encumbrances from Unappropriated Fund Balances within various Funds for expenditure during 2016. Page 3 of 6 384 6. Audience Participation Ed Campbell, Director of Yakima County Corrections, spoke about the West side jail contracts that Yakima County manages. Mr. Campbell reported that Yakima County is not releasing inmates on the streets of the City of Yakima if they do not live in the area. They are transported back to the area where they came from. He confirmed the State of Washington Department of Corrections is bringing released inmates to the Yakima Valley; however, he could not speak to their practices. He suggested the City contact Mr. Peterson, head of Washington State DOC. Council Member Coffey suggested when Yakima County renews their contracts, they clarify or eliminate the language indicating inmates would be released here. Sara Watkins, President of the Junior League of Yakima, stated they have over 300 members ages 25 -95 volunteering in the Yakima valley and highlighted several of their activities. She invited Council and members of the community to attend their "volunteerathon" on April 16. Laura Armstrong, La Casa Hogar, gave an update on the services they provide and spoke specifically on their citizenship and education classes. She encouraged volunteers to help assist in this area as classes have grown dramatically. She invited Council and the community to their fundraising event on May 22. Lynette Whitney, City resident, discussed her concern regarding the possible repeal of the ban on marijuana and the location of pot shops near schools. Marco and Cristal Compos, City residents, spoke in opposition of repealing the marijuana ban. He stated he is aware that two councilmembers received campaign funding from marijuana shops and believes they should recuse themselves from any vote regarding marijuana as it would appear to be a conflict of interest. Mayor Gutierrez stated she received campaign funding from a marijuana shop and disagreed that it would be a conflict of interest. CITY MANAGER REPORTS 7. Status Report on Dangerous and Vacant Buildings Project Joe Caruso, Codes Manager, reported on the dangerous and vacant building project. 8. 2015 Year -End Budget Revenue & Expenditure Report Finance and Budget Director Epperson briefed Council on the 2015 year -end budget report. 9. 2016 Budget Reduction Options Interim City Manager Cutter briefed Council on the budget reduction options. Council Members D. Gutierrez, Mendez and Cousens noted their concern about increasing the cost for the children's program at Kissel Park. Council Member Coffey stated this program is only available for 100 children. She noted there are children on the East side and all over Yakima that would benefit from this program. She suggested this program rotate to different parks where under - privileged children need attention. She supports this budget increase unless there is another more equitable effort. Page 4 of 6 385 MOTION: Lover moved and Mendez seconded remove this from the current agenda for future consideration. The motion failed by a 4 -2 vote with A. Gutierrez, Coffey, D. Gutierrez and Mendez voting no, Adkison absent. MOTION: D. Gutierrez moved and Mendez seconded to not increase the one time admission fee for children to the Kissel Park program beyond a 100% increase totaling an amount of $40 dollars per child. The motion carried by a 5 -1 vote, Coffey voting no, Adkison absent. MOTION: Mendez moved and Coffey seconded to accept the budget reduction options as presented with the exception of the Parks and Recreation item. The motion carried by a unanimous vote, Adkison absent. 10. Vote regarding the City's appeals in the case of Montes, et al. v. City of Yakima, et al., pending in the U.S. Court of Appeals for the Ninth Circuit Nos. 15 -35309 and 15- 35593, consolidated by the Court in No. 15- 35309. Senior Assistant City Attorney Harvey briefed Council and distributed a settlement agreement and resolution to Council on this issue. City residents David Morales and Luz Bazan Gutierrez spoke in favor of the resolution. The City Clerk read the resolution by title only. RESOLUTION NO. R - 2016 - 051, A RESOLUTION stating that the City of Yakima and the City Council will withdraw the appeals in the case of Montes and Arteaga v. City of Yakima, et al., pending in the U.S. Court of Appeals in the Ninth Circuit, and that the City will pay the award of attorneys' fees and costs ordered by Judge Rice on June 19, 2015, subject to an agreement by the plaintiffs to waive interest and some attorney fees, and to donate $100,000 to the City of Yakima for certain purposes. MOTION: D. Gutierrez moved and Cousens seconded to adopt the resolution. The motion carried by a unanimous vote, Adkison absent. 11. Other Business None. 12. Adjournment MOTION: D. Gutierrez moved and Cousens seconded to adjourn to a City Council Study Session on April 12, 2016, at 10 a.m. in the Council Chambers at City Hall. The motion carried by unanimous vote, Adkison absent. The meeting adjourned at 7:36 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY j ay YN- GO.UNCIL MEMBER DATE Page 5 of 6 386 - Yak (_,C,X, (0 - q - COUNCIL M 7 DATE ATTEST: J ,.... 11 g N. _..... _...... \ U CITY CLER , * _ I h d • 1 Al i , Ii ,,,),,000,,, It i II / N W .o 1 Page 6 of 6