City Council Regular Meeting — Yakima, WA
Date: 2024-06-18

YAKIMA CITY COUNCIL MINUTES
 June 18, 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: Interim City Manager Dave Zabell, 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
 Lisa Wallace, city resident, spoke on the matter of the Council Nominating Committee’s
 recommendations to the Yakima Planning Commission.
 Joe Mann, city resident and downtown business owner, provided his support for the N. 4th
 Street right of way vacation, sale of the Chamber of Commerce building, and monetary
 support of business owners to DYBID.
 Alicia Stromme Tobin, Director of Safe Yakima Valley, spoke against the sale of the
 Chamber building for increased parking and the displacement of several non-profit
 organizations.

5. Open Discussion for the Good of the Order
 A. Council Nominating Committee recommendations regarding appointments to boards,
 commissions, and committees
 Councilmember Deccio reported on the June 6, 2024 Council Nominating Committee
 meeting. The recommendation for appointments is as follows:
 • Arts Commission - Dr. Yesenia Navarrete Hunter (working artist) and Jeremy
 Lucas Castillo (community member)
 • Lodging Tax Advisory Committee (LTAC) - Connie Upton (Yakima Convention
 Center)
 • Parks and Recreation Commission - Gib van der Heyden and Paul Cook
 • Planning Commission - Arthur Salido and Kevin Rangel
 • Tree City Board - Scot Stephens



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 Additionally, the Committee’s recommendation for reappointments is as follows:
 • Henry Beauchamp Community Center Committee - Berenice Ponce
 • Historic Preservation Commission - Clayton Bussey
 • Parks and Recreation Commission - Robert Young and Mariah Cornejo (youth
 position)
 • Tree City Board - John Tolonen (tree care specialist position)

 After discussion,
 MOTION: Deccio moved and Herrera seconded to approve all of the
 recommendations except for the Planning Commission. Motion carried by
 unanimous vote.
 MOTION: Brown moved and Glenn seconded to table the Planning Commission
 nomination to the June 25, 2024 City Council study session. Motion carried by
 unanimous vote.

6. Council Reports
 A. Discussion of creating a new adhoc budget advisory committee
 Interim City Manager Dave Zabell opened the discussion regarding creation of a new
 ad hoc budget advisory committee. After discussion,
 MOTION: Brown moved and Berg seconded to table this discussion until the
 budget process has been completed. 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. Items H, I & J were
 removed from the Consent Agenda. The City Clerk read the Consent Agenda items,
 including resolutions and ordinances, by title. (Items on the Consent Agenda are handled
 under one motion without further discussion-see motion directly below.)
 MOTION: 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 June 4, 2024 City Council regular meeting and June 11,
 2024 study session
 B. May 2024 Investment Transaction Report
 C. Approve payment of disbursements for the period May 1-31, 2024
 D. Resolution rescheduling public hearing date to July 2, 2024 to review and adopt the
 Six-year Transportation Improvement Program and Capital Facilities Element of the
 Yakima Urban Area Comprehensive Plan
 RESOLUTION NO. R-2024-108, A RESOLUTION rescheduling public hearing date
 to July 2nd, 2024 to review and adopt the Six-year Transportation Improvement
 Program and amend the Capital Facilities Element of the Yakima Urban Area
 Comprehensive Plan for the period of 2025-2030.
 E. Resolution rescheduling public hearing date to July 9, 2024 to declare property rights
 obtained by easement to be surplus to the City needs and dispose of such property
 rights to the Yakima Housing Authority


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 RESOLUTION NO. R-2024-109, A RESOLUTION rescheduling the time and place
 for a public hearing to be held Tuesday, July 9, 2024, at 5:00 p.m., or soon thereafter,
 in the City of Yakima Council Chambers to hear from the public on the proposed
 surplus of property rights obtained by the City in the Easement Deed (Water Line),
 running through parcel number 181313-31516, and authorizing disposition of such
 property rights to the Yakima Housing Authority.

 F. Resolution setting July 25, 2024, as the date for an open record public hearing before
 the Hearing Examiner to vacate S. 10th Ave. between W. Chestnut Ave. and W.
 Walnut St.
 RESOLUTION NO. R-2024-110, A RESOLUTION fixing time for a public hearing
 before the Hearing Examiner on July 25, 2024, on a petition (Petition No. 24-04) to
 vacate a portion S. 10th Ave. between W. Chestnut Ave. and W. Walnut St.

 G. Resolution authorizing an agreement with Kitt Construction & Development LLC for
 the Convention & Event Center Middle Bathrooms Remodel Project 2800
 RESOLUTION NO. R-2024-111, A RESOLUTION authorizing an agreement with Kitt
 Construction & Development LLC for the Convention & Event Center Middle
 Bathrooms Remodel Project 2800.

Items removed from the Consent Agenda
 H. Resolution authorizing an agreement with the Yakima Youth Golf Association for the
 1st Tee of Yakima Program
 This item was removed from the Consent Agenda.
 Parks and Recreation Manager Ken Wilkinson introduced this item. The City Clerk
 read the Resolution by title only.
 MOTION: Brown moved and Berg seconded to approve Item 7H from the
 consent agenda. The motion carried by a 7-0 roll call vote.
 RESOLUTION NO. R-2024-112, A RESOLUTION approving the agreement with the
 Yakima Golf Organization, aka the First Tee of Yakima (“First Tee”) for use of Fisher
 Park Golf Course (“Fisher”) for certain youth golf activities.
 I. Resolution authorizing an agreement with Yakima Rotaract for the development,
 maintenance and use of a pollinator garden at West Valley Community Park
 This item was removed from the Consent Agenda.
 Parks and Recreation Manager Ken Wilkinson introduced this item. The City Clerk
 read the Resolution by title only.
 MOTION: Brown moved and Deccio seconded to approve Item 7I from the
 consent agenda. The motion carried by a 7-0 roll call vote.
 RESOLUTION NO. R-2024-113, A RESOLUTION approving an agreement with
 Yakima Rotaract (“YR”) for development, maintenance, and use of a portion of West
 Valley Community Park (“Park”) for a Pollinator Garden (“Garden”)
 J. Resolution authorizing a Memorandum of Understanding with Merryman House
 Domestic Violence Center (LAP Coordinator) to implement the Domestic Violence
 Lethality Assessment Program 2.0 - Maryland Model multi-jurisdiction subscription


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 This item was removed from the Consent Agenda.
 Acting City Attorney Cynthia Martinez briefed the Council on this item. The City Clerk
 read the Resolution by title only.
 MOTION: Brown moved and Herrera seconded to adopt the resolution. The
 motion carried by a 6-1 roll call vote; Glenn voting no.
 RESOLUTION NO. R-2024-114, A RESOLUTION authorizing a Memorandum of
 Understanding with Merryman House Domestic Violence Center (LAP Coordinator) to
 implement the Domestic Violence Lethality Assessment Program 2.0 – Maryland
 Model multi-jurisdiction subscription.

8. Public Hearings
 A. Public hearing and Ordinance to consider the Hearing Examiner's recommendation
 regarding a right-of-way petition submitted by Hordan Planning Services on behalf of
 Corporation of the Catholic Bishop of Yakima to vacate a portion of N. 4th St.
 between Martin Luther King Jr. Blvd. and E. Lincoln Ave
 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 appeal? 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.
 Senior Planner Eric Crowell introduced this item.
 Mayor Byers opened the public hearing. The following parties came forward to
 speak:
 Leanne LaBissoniere, County resident; James Carmody, attorney representing St.
 Joseph Parish; Bill Hordan, City resident and on behalf of St. Joseph Marquette
 School; Gregg Pleger, St. Joseph Marquette Principal; and, Abigail Winterfield,
 student at St. Joseph School; spoke in favor of the N. 4th Street right of way vacation.
 With no one else coming forward to speak, Mayor Byers closed the public hearing.
 Dave Zabell, Interim City Manager, discussed the appraised value of the property as it
 pertains to the request for reduction of compensation.
 Mayor Byers re-opened the public hearing.
 Bronson Faul, Senior Assistant City Attorney, recommended the Council adjourn to
 executive session for discussion regarding the reduced compensation request.
 James Carmody provided additional comments.
 MOTION: Brown moved and Deccio seconded to adjourn to Executive Session
 for up to 15 minutes to discuss with legal counsel representing the city
 litigation or potential litigation to which the city, the governing body, or a
 member acting in an official capacity is, or is likely to become, a party, when
 public knowledge regarding the discussion is likely to result in an adverse legal

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 or financial consequence to the city [RCW 42.30.110(1)(i)]. The motion carried by
 unanimous vote.
 Executive session was held at 6:58 p.m. and adjourned at 7:13 p.m. The regular
 business meeting reconvened at 7:15 p.m.
 Cassy Gordon, Yakima resident and grandparent of students, spoke in favor of the
 right-of-way vacation.
 With no one else coming forward to speak, Mayor Byers closed the public hearing.
 The City Clerk read the Ordinance by title only.
 After Council deliberation,
 MOTION: Glenn moved and Deccio seconded to adopt the Hearing Examiner’s
 recommendation and approve the ordinance vacating North 4th Street between
 Martin Luther King Jr. Boulevard and East Lincoln Avenue. The motion carried
 by a 6-1 roll call vote; Brown voting no.
 ORDINANCE NO. 2024-017, AN ORDINANCE relating to land use; vacating N. 4th
 St. right-of-way between E. Lincoln Ave. and E. Martin Luther King Jr. Blvd. in the City
 of Yakima, Washington.

9. Department Items

 A. Resolution approving the Lease Agreement and Memorandum of Understanding
 between the City of Yakima and Grace City Outreach
 Senior Assistant City Attorney Cynthia Martinez briefed Council on this agreement.
 The City Clerk read the Resolution by title only.
 After discussion,
 MOTION: Brown moved and Deccio seconded to adopt the resolution. The
 motion carried by a 7-0 roll call vote.
 RESOLUTION NO. R-2024-115, A RESOLUTION approving the Lease Agreement
 and Memorandum of Understanding between the City of Yakima and Grace City
 Outreach.

 B. Resolution authorizing a Commercial Purchase and Sale Agreement with the Greater
 Yakima Chamber of Commerce
 Senior Assistant City Attorney Cynthia Martinez briefed the Council on this
 agreement. The City Clerk read the Resolution by title only.
 MOTION: Brown moved and Roy seconded to adopt the resolution. The motion
 carried by a 6-1 roll call vote, Glenn voting no.
 RESOLUTION NO. R 2024-116, A RESOLUTION authorizing a Commercial
 Purchase and Sale Agreement between the Greater Yakima Chamber of Commerce
 and the City of Yakima.

 C. Ordinance amending sections of Yakima Municipal Code Chapter 11.40 Property
 Maintenance Code
 Code Administration Manager Glenn Denman presented this item to Council. The City
 Clerk read the Ordinance by title only.


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 After extensive Council discussion,
 MOTION: Deccio moved and Glenn seconded to pass the ordinance. The motion
 carried by a 6-1 roll call vote; Brown voting no.
 ORDINANCE NO. 2024 018, AN ORDINANCE amending Chapter 11.40 of the City
 of Yakima Municipal Code.

10. City Manager Update
 None.

11. Other Business
 Brown asked Council if there were any objections to him attending the Seniors, Inc.
 meetings at the Harman Center as the Council representative. The Council agreed by
 consensus.
 MOTION: Brown moved and Berg seconded to direct City Manager, based on last
 study session, to evaluate alternate options to maintain the DYBID area and bring
 back to Council for consideration. The motion carried by unanimous vote.
 MOTION: Brown moved and Berg seconded to add to the next Council business
 meeting a discussion about lifting the ban for one day on fireworks in the City limits
 to celebrate the 4th of July. The motion carried by a 6-1 vote; Glenn voting no.

12. Adjournment
 MOTION: Brown moved and Deccio seconded to adjourn to the next City Council
 study session on Tuesday, June 25, 2024, at 5:00 p.m. in the Council Chambers at
 City Hall. The motion carried by unanimous vote. The meeting adjourned at 8:07 p.m.


 CERTIFICATION
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 COUNCIL MEMBER DATE

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 ATTEST:

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 CITY CLERK MAYOR




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