City Council Regular Meeting — Yakima, WA
Date: 2024-09-17

YAKIMA CITY COUNCIL MINUTES
 September 17, 2024
 City Hall - Council Chambers - 129 N 2nd Street, Yakima, WA
 5:30 PM City Council Regular Meeting – conducted in person and virtually via Zoom

1. Roll Call
 Present: Mayor Patricia Byers, presiding; Assistant Mayor Matt Brown and Councilmembers
 Reedy Berg, Janice Deccio, Rick Glenn, Danny Herrera and Leo Roy
 Staff: City Manager Vicki Baker, Acting City Attorney Cynthia Martinez and Acting City
 Clerk Brandy Bradford

2. Pledge of Allegiance
 Mayor Byers led the Pledge of Allegiance.

3. Interpreter Services
 Mayor Byers introduced Jorge Villaseñor who announced interpreter services are available
 in Spanish.

4. Public Comment
 Mr. Timm, City resident, expressed concern about inconsistencies in the approval process
 for the housing project near Lewis Ave & Folsom Ave.
 Jennifer Schlenske, Executive Director of Justice Housing Yakima and City resident, spoke
 about the need to fund permanent supportive housing to prevent chronic homelessness and
 related issues.
 Tony Sandoval, City resident, spoke on the issue of vehicles speeding and distracted driving
 on Nob Hill Blvd. near 10th Avenue and suggested better enforcement in the area.

5. Open Discussion for the Good of the Order
 A. Constitution Week proclamation
 Assistant Mayor Brown proclaimed the week of September 17 through 23, 2024 as
 "Narcissa Whitman Chapter, NSDAR Constitution Week". Jill Scott accepted the
 proclamation.
 B. Recognition of retiring Yakima Police Lieutenant Chad Stephens
 Interim Police Chief Shawn Boyle recognized Lt. Stephens for his retirement after 35
 years of service to the Yakima community. Mayor Byers presented Lt. Stephens with
 a retirement clock.
 C. Recognition of retiring Municipal Court Services Manager Jodi Stephens
 Yakima Municipal Court Judges Aryn Masters and Troy Clements recognized Municipal
 Court Services Manager Jodi Stephens for her retirement after 26 years of service to
 the City of Yakima. The Council thanked Mrs. Stephens and wished her well.


September 17, 2024 – Yakima City Council Meeting Minutes Page 1 of 7
6. Council Reports
 A. Lodging Tax Advisory Committee (LTAC) Report
 Mayor Byers, Chair of the Lodging Tax Advisory Committee, briefed Council on the
 LTAC meeting of September 12, 2024, and reported on the Committee's budgetary
 allocation recommendations based on the 2025 forecast for Lodging Tax Revenue of
 $1,745,000.
 $490,000 - Debt Service – Fixed Allocation
 $280,000 - Convention Center Capital
 $625,500 - Convention Center Operations
 $ 50,000 - Visitor Center Operations
 $ 90,000 - Sports Commission Operations
 $150,000 - Capitol Theatre Operations
 $ 60,000 - Sundome
 MOTION: Brown moved and Deccio seconded to approve the LTAC
 recommendations as outlined. The motion carried by unanimous vote.

7. Consent Agenda
 Mayor Byers referred to the items placed on the Consent Agenda, questioning whether there
 were any additions or deletions from Council members present. Item 7E and 7H were
 removed from the consent agenda. The Acting 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: Brown moved and Deccio seconded to approve the consent agenda as
 read. The motion carried by a 7-0 roll call vote.

 A. Approval of minutes from the September 3, 2024 City Council regular meeting
 B. August 2024 Investment Transaction Report
 C. Approve payment of disbursements for the period August 1-31, 2024
 D. Set date of October 15, 2024 for an open record public hearing to consider the
 Hearing Examiner's recommendation regarding a right-of-way petition for YWCA
 Yakima to vacate S. 10th Ave. between W. Chestnut Ave. and W. Walnut St.
 E. This item was removed from the Consent Agenda.
 F. Resolution authorizing a contract for the Yakima Air Terminal Building Modernization
 project with the Washington State Department of Commerce Community Economic
 Revitalization Board (CERB) for Capital Improvement Projects at the Yakima Air
 Terminal-McAllister Field
 RESOLUTION NO. R-2024-171, A RESOLUTION authorizing a contract for the
 Yakima Air Terminal Building Modernization project with the Washington State
 Department of Commerce Community Economic Revitalization Board (CERB) for
 Capital Improvement Projects at the Yakima Air Terminal-McAllister Field.




September 17, 2024 – Yakima City Council Meeting Minutes Page 2 of 7
 G. Ordinance amending the 2024 Budget for the City of Yakima and making
 appropriations from unappropriated fund balances within various funds for
 expenditure during 2024 for various purposes (Second Reading)
 ORDINANCE NO. 2024-025, AN ORDINANCE amending the 2024 Budget for the
 City of Yakima; and making appropriations from Unappropriated Fund Balances within
 various funds for expenditure during 2024 for various purposes.
 H. This item was removed from the Consent Agenda.

Items Removed from the Consent Agenda

 E. Resolution authorizing award of Bid 12421 and execution of an agreement with
 Solenis LLC, to purchase Cationic Polymer Flocculant
 No action taken. This item will be brought back at a future Council meeting.

 H. Ordinance updating Classification and Compensation Plan for City Employees
 Section 2.20.100
 Director of Human Resources Connie Mendoza provided information about the
 adjustments included in the proposed Pay Ordinance.
 MOTION: Brown moved and Deccio seconded to pass the Ordinance in Item H.
 The motion carried by a 7-0 roll call vote.
 ORDINANCE NO. 2024-026, AN ORDINANCE updating Classification and
 Compensation Plan for City Employees Section 2.20.100

8. Public Hearings

 A. Public hearing and Ordinance to consider the Hearing Examiner's recommendation
 regarding a right-of-way petition for O. Jean Owens Revocable Living Trust to vacate
 a portion of an alley and a portion of N. Front Street between Bartlett Pl. and N. 1st
 Street
 Senior Planner Eric Crowell introduced this item and briefed Council on the Hearing
 Examiner's recommendation.
 Mayor Byers administered the Appearance of Fairness Doctrine by asking
 Councilmembers the following questions:
 Is there any Councilmember who cannot hear this matter due to a conflict of
 interest, ownership of property adjacent to the street sought to be vacated, or
 inability to hear the matter in a fair and objective manner? Councilmembers
 responded no.
 Has any Councilmember had any ex parte communications with the Applicants,
 or anyone else, regarding this application? If so, please place on the record the
 substance of your communications so that interested parties have the
 opportunity to rebut the communications. Councilmembers responded no.
 Is there anyone who wishes to challenge any Councilmember's participation in
 this matter? No one spoke to the issue.
 Mayor Byers opened the public hearing.
 Stephanie Beaman, the applicant's representative, spoke in favor of Council
 approving this right-of-way vacation.


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 With no one else coming forward or calling in to speak, Mayor Byers closed the public
 hearing.
 The Acting City Clerk read the Ordinance by title only.
 After Council deliberation,
 MOTION: Brown moved and Deccio seconded to pass the ordinance adopting
 the Hearing Examiner's recommendation. The motion carried by a 7-0 roll call vote.
 ORDINANCE NO. 2024-027, AN ORDINANCE relating to land use; vacating a
 portion of an alley and N. Front St. right-of-way between Bartlett Pl. and N. 1st St. in
 the City of Yakima, Washington.

 B. Second Public Meeting to consider the Notice of Intent to commence the University
 District Annexation in the vicinity of Terrace Heights Dr., University Parkway, and
 Highway 24
 Planning Manager Trevor Martin introduced the topic and reviewed information
 related to the proposed annexation and its' impact on property taxes and utilities;
 benefits of the annexation; and outlined next steps in the annexation process. He
 presented Option 5 map, an updated area proposed for potential annexation
 consisting of approximately 588 acres in size. The presentation included clarifying
 information and responses to concerns raised at the August 20th public meeting.
 Yakima Fire Chief Aaron Markham provided extensive information comparing Fire
 Department response times and major call types among surrounding fire stations. He
 also noted a potential decrease in insurance rates as a result of extending the City
 boundaries.
 Yakima Interim Police Chief Shawn Boyle shared information about law enforcement
 response time for calls for service and noted a faster response from YPD with more
 available resources.
 Public Works Director Scott Schafer shared information related to a proposed Terrace
 Heights fixed route and Dial-A-Ride services to serve the immediate area. Mr. Schafer
 also spoke about maintaining a level of service for street maintenance, particularly for
 road repair, street sweeping, sidewalk repair, weed control in the right of way, and
 snow and ice control.
 The following individuals spoke to this matter:
 Theresa Otto, Terrace Heights resident, urged Council of the Option 5 map.
 Terry Wittmeier, Terrace Heights resident and property owner, spoke about negative
 annexation experiences in other cities.
 Linda Sliger, representing Terrace Heights Community Association, voiced the
 association’s collective opposition to the annexation proposal.
 Mark Young, Terrace Heights resident, spoke in opposition to the annexation proposal
 and commented on the issues of the school district and taxing for schools.
 Ray Lamoureux, Terrace Heights Fire District, spoke to the statistics of EMS
 response in the proposed annexation areas.



September 17, 2024 – Yakima City Council Meeting Minutes Page 4 of 7
 Paula Heaverlo, Terrace Heights resident and property owner, inquired about
 removing properties from the flood plain areas situated in the County’s jurisdiction.
 Vickie Gutheridge, Terrace Heights resident and property owner, asked Council to
 accept a petition rejecting the Terrace Heights annexation proposal. Council clarified
 that an official petition can be filed after an ordinance has been passed.
 Sandy Braden, Terrace Heights resident and property owner, informed Council that
 Byron Borton, one of the business owners petitioning for the annexation, withdrew his
 support from the annexation proposal. Mr. Martin clarified that staff had not received a
 formal withdrawal from Mr. Borton.
 After Council discussion,
 MOTION: Brown moved and Glenn seconded to direct staff to create an official
 petition and collect signatures and accept map number 5. The motion failed by a
 6-1 roll call vote; Herrera, Roy, Berg, Brown, Byers, and Deccio voting no.
 MOTION: Berg moved and Roy seconded to accept map number 4 and direct
 staff to create an official petition and collect signatures. The motion passed by a
 5-2 roll call vote; Deccio and Herrera voting no.
 MOTION: Brown moved and Berg seconded to require the assumption of any
 portion of existing city indebtedness by the area to be annexed. The motion
 carried by a 5-2 roll call vote; Deccio and Herrera voting no.
 MOTION: Brown moved and Berg seconded to require the simultaneous
 adoption of a comprehensive plan. The motion carried by a 5-2 roll call vote;
 Deccio and Herrera voting no.

9. Department Items

 A. Resolution authorizing agreements with Enterprise Fleet Management, Inc., to provide
 Fleet Management Services
 Fleet and Facilities Manager Kerry Jones briefed the Council on the proposed
 resolution.
 The Acting City Clerk read the resolution by title only.
 MOTION: Deccio moved and Brown seconded to adopt the resolution. The
 motion carried by a 7-0 roll call vote.
 RESOLUTION NO. R-2024-172, A RESOLUTION authorizing agreements with
 Enterprise Fleet Management, Inc., to provide Fleet Management Services.

 B. Resolution authorizing an Interagency Agreement with Washington Traffic Safety
 Commission for Dedicated DUI Enforcement
 Yakima Police Lieutenant Ira Cavin briefed the Council on the proposed resolution
 authorizing an interagency agreement to receive funds for dedicated DUI
 enforcement.
 The Acting City Clerk read the resolution by title only.




September 17, 2024 – Yakima City Council Meeting Minutes Page 5 of 7
 MOTION: Brown moved and Deccio seconded to adopt the resolution. The
 motion carried by a 7-0 roll call vote.
 RESOLUTION NO. R-2024-173, A RESOLUTION authorizing an agreement with
 Washington Traffic Safety Commission to provide funding to the City of Yakima for a
 dedicated officer whose primary responsibilities will be the detection and enforcement
 of impaired driving.

 C. Resolution authorizing a contract with Central Washington Fair Association for police
 services
 Yakima Interim Police Chief Boyle briefed the Council on the proposed resolution for
 police services during the 2024 Central Washington Fair.
 The Acting City Clerk read the resolution by title only.
 MOTION: Deccio moved and Brown seconded to adopt the resolution. The
 motion carried by a 7-0 roll call vote.
 RESOLUTION NO. R-2024-174, A RESOLUTION authorizing the City Manager of
 the City of Yakima to execute an agreement Between the City of Yakima and the
 Central Washington Fair Association (“CWFA”) to staff police officers at the
 fairgrounds during the Central Washington Fair.

 D. Proposed changes to Criminal Rules for Courts of Limited Jurisdiction, CrRLJ 3.1,
 Standards for Indigent Defense
 Senior Assistant City Attorney Cynthia Martinez briefed Council on a recommendation
 by the Washington State Bar Association (WSBA) to the Washington State Supreme
 Court to limit the case load for public defenders. Ms. Martinez explained that if the
 Supreme Court adopts the proposed indigent defense case load standards, it will
 ultimately reduce the case load limit, in a phased approach, for each Municipal Court
 public defender from the current 400 cases a year to 120 case credits a year in 2027.
 The public safety and quality of life in the City of Yakima will be impacted in a negative
 way because there are not enough funding resources or attorneys practicing criminal
 law in Yakima County to cover the need.
 The Washington Supreme Court is accepting official comments. The Legal
 Department prepared a response letter with comments, including an analysis of the
 "Study" that the WSBA relied upon to make the proposed indigent defense caseload
 standard recommendation.
 After Council discussion,
 MOTION: Deccio moved and Brown seconded to authorize the Legal Department
 to submit these comments to the Washington State Supreme Court on behalf of
 the City of Yakima. The motion carried by unanimous consent.

10. City Manager Update

 City Manager Vicki Baker informed Council that the priority-based budget method is in
 process and a review of the overall preliminary budget will be presented to Council and the
 public on October 1st. Due to the upcoming extensive budget discussions, it was Council
 consensus to conduct longer meetings as opposed to additional meetings.


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11. Other Business

 MOTION: Byers moved and Brown seconded that the Codes Division and Yakima
 Police Department report to the Council the number of service calls and issues of
 code compliance and YakBack reports regarding hotels and other supportive
 housing facilities. The motion carried by unanimous vote.

 MOTION: Byers moved and Berg seconded that at a future Council meeting that
 Council consider having just one study session per month for a longer time as a
 cost savings to the City after completing the budgeting process. The motion carried
 by unanimous vote.

 MOTION: Brown moved and Berg seconded to add to a future agenda, in November,
 a discussion about developing a community service program involving non-profit
 providers and municipal courts. The motion carried by unanimous consent.

 MOTION: Brown moved and Berg seconded to add to a future agenda, in November,
 a discussion about developing an Adopt-a-Block Program in the City of Yakima. The
 motion carried by unanimous consent.

12. Adjournment

 MOTION: Brown moved and Deccio seconded to adjourn to the next City Council
 study session on September 24, 2024, at 5:00 p.m. in the Council Chambers at City
 Hall. The motion carried by unanimous vote. The meeting adjourned at 8:38 p.m.

CERTIFICATION
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ATTEST:

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