City Council Regular Meeting — Yakima, WA
Date: 2024-08-20

YAKIMA CITY COUNCIL MINUTES
 August 20, 2024
 City Hall - Council Chambers - 129 N 2nd Street, Yakima, WA
 5:30 PM City Council Regular Meeting – conducted in person and remotely via Zoom.

Executive Session

 Executive Session to discuss litigation or legal risks of a proposed action or current
 practice that the agency has identified when public discussion of the litigation or legal risks
 is likely to result in an adverse legal or financial consequence to the agency pursuant to
 RCW 42.30.110(1)(i)(iii)

 MOTION: Deccio moved and Herrera seconded to adjourn to Executive Session
 until 5:30 p.m. to have a discussion pursuant to RCW 42.30.110(1)(i)(iii). The motion
 carried by unanimous vote.

 RCW 42.30.110 (1)(i)(iii) allows the Council to discuss litigation or legal risks of a proposed
 action or current practice that the agency has identified when public discussion of the
 litigation or legal risks is likely to result in an adverse legal or financial consequence to the
 agency.

 Present for Executive Session: Mayor Patricia Byers, presiding; Assistant Mayor Matt
 Brown (attending remotely via phone) and Councilmembers Reedy Berg, Janice Deccio,
 Rick Glenn, Danny Herrera and Leo Roy

 Executive session was held at 5:04 p.m. and adjourned at 5:30 p.m. The meeting was
 called back to order at 5:32 p.m.

1. Roll Call

 Present: Mayor Patricia Byers, presiding; Assistant Mayor Matt Brown (attending remotely
 via Zoom) and Councilmembers Reedy Berg, Janice Deccio, Rick Glenn, Danny Herrera
 and Leo Roy

 Staff: City Manager Vicki Baker, City Attorney Sara Watkins and City Clerk Rosalinda
 Ibarra

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.


August 20, 2024 Yakima City Council Meeting Minutes Page 1 of 7
4. Public Comment

 Dr. Gillian Zuckerman, City resident, spoke against the proposed Stay Out of Drug Areas.

 Joe Daniels, non-City resident, spoke about ancestral matters.

 Mr. James, City resident, wanted to relinquish his public comment time to Mr. Tim. Tim
 Smith, City resident, spoke about issues related to the housing project at Folsom and
 Lewis Avenues.

 The following individuals expressed concerns about the proposed East Yakima Business
 Area annexation and asked Council to reconsider the proposal:
 Eddie D. (County resident), Mark Doyle (County resident and Sun County Estates
 representative), Kyle Curtis (County Commissioner), Sandy Braden (County and Sun
 Country Estates resident), Joyce Anstett (County resident and President of Sun Country
 Estates homeowners’ association), Richard Ensey (County resident), Mark Young (County
 resident), Kathy McNulty (County resident), Brian Thierolf (County resident), Michael Kindle
 (County resident).

 Tommy Caroll, Yakima County Planning Official, requested clarifying information from the
 City regarding infrastructure projects and service impacts to Yakima County residents
 related to the annexation proposal.

 Jonathan Smith, Executive Director of Yakima County Development Association,
 expressed concerns about economic development projects in process and impact of
 annexation on the funding of those projects.

 Ray Lamoreaux, East Valley Fire Department, spoke about the Terrace Heights
 annexation specific to Fire response times.

5. Open Discussion for the Good of the Order

 A. Overdose Awareness Day Proclamation

 Councilmember Berg read the proclamation and proclaimed August 30, 2024, as
 “Overdose Awareness Day.” Renee Kollman, Director of External Affairs with
 Triumph Treatment Services, thanked Council and accepted the proclamation.

 B. Draft Constitution Week proclamation

 MOTION: Deccio moved and Berg seconded to approve the proclamation. The
 motion carried by unanimous vote.

 C. Draft Trolley Week proclamation

 MOTION: Deccio moved and Berg seconded to approve the proclamation. The
 motion carried by unanimous vote.

6. Council Reports
 None.


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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. 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: Deccio moved and Herrera seconded to approve the consent agenda.
 The motion carried by a 7-0 roll call vote.

 A. Approval of minutes from the August 5, 2024 City Council regular meeting

 B. July 2024 Investment Transaction Report

 C. Approve payment of disbursements for the period July 1-31, 2024

 D. Project Completion and Contract Acceptance with MBI Construction Services Inc for
 the Public Works Building 5 HVAC Replacement Project 2785

 E. Set date of September 17, 2024 for an open record public to consider the Hearing
 Examiner's recommendation regarding a right-of-way petition for O. Jean Owens
 Revocable Living Trust to vacate an alley and a portion of N. Front St. between
 Bartlett Pl. and N. 1st St.

 F. Resolution authorizing Professional Services Contract for property and casualty
 insurance broker and risk management services with Marsh & McLennan
 Agency, LLC

 RESOLUTION NO. R-2024-149, A RESOLUTION authorizing a Professional
 Services Contract for property and casualty insurance broker and risk management
 services with Marsh & McLennan Agency, LLC.

 G. Resolution authorizing Supplemental Agreement 3 to the Professional Services
 Agreement with Haley & Aldrich Inc for Tiger Oil Project EV2999

 RESOLUTION NO. R-2024-150, A RESOLUTION authorizing Supplemental
 Agreement 3 to the Professional Services Agreement with Haley & Aldrich Inc to
 perform the design and remediation for the former Tiger Oil site at 2312 W Nob Hill
 Boulevard.

 H. Resolution authorizing an Interlocal Agreement with Sunnyside Fire Department for a
 Joint Training Academy and Emergency Response

 RESOLUTION NO. R-2024-151, A RESOLUTION authorizing an Interlocal
 Agreement with Sunnyside Fire Department for a Joint Training Academy and
 Emergency Response.

 I. Resolution approving the SIED Contract No. YC-YAT-24 between the City of Yakima
 and Yakima County for the Yakima Airport Terminal Modernization Project



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 RESOLUTION NO. R-2024-158, A RESOLUTION approving the SIED Contract No.
 YC-YAT-24 between the City of Yakima and Yakima County for the Yakima Airport
 Terminal Modernization Project.

 J. Resolution authorizing an agreement with Washington State Reference Network
 through the Seattle Public Utilities for hosting a continuously operating reference
 station.

 RESOLUTION NO. R-2024-152, RESOLUTION authorizing an agreement with
 Washington State Reference Network (“WSRN”) by and the through Seattle Public
 Utilities (“SPU”).

 K. Ordinance repealing the City of Yakima Municipal Code Chapter 3.120 relating to
 The Yakima Consortium for Regional Public Safety (YAKCORPS) Agency Fund

 ORDINANCE NO. 2024-022, AN ORDINANCE repealing the City of Yakima
 Municipal Code Chapter 3.120 relating to The Yakima Consortium for Regional
 Public Safety (YAKCORPS) Agency Fund.

8. Public Hearings

 A. Public Meeting to consider the Notice of Intent to commence the East Yakima Business
 Area Annexation in the vicinity of Terrace Heights Dr., University Parkway, and Highway
 24

 Planning Manager Trevor Martin presented information about the annexation proceedings
 and future timeline. He stated that the Notice of Intent to Commence Annexation is not
 being considered at this meeting; therefore, no action is being requested by Council.
 Martin shared four possible annexation map boundaries and impacts to Council districts,
 primarily districts 1 and 2; discussed indebtedness; and described the potential zoning
 and future land use designations. Additional detailed data related to utilities and taxes will
 be presented at a follow-up Council meeting in late September, at which time Council will
 consider whether they wish to accept the Notice of Intent and begin the annexation
 review procedures.

 Mayor Byers encouraged the community to continue participating in the process and
 assured that City staff will do its due diligence in responding to questions and concerns.

9. Department Items

 A. Resolution ratifying the declaration of an emergency, declaring an emergency existed,
 and authorizing repairs to Kissel Well by Schneider Water Services

 Water/Irrigation Manager Mike Shane described the recent removal and replacement of
 the Kissel Well pump. The City Clerk read the resolution by title only.

 MOTION: Deccio moved and Berg seconded to adopt the resolution. The motion
 carried by a 7-0 roll call vote.




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 RESOLUTION NO. R 2024-153, A RESOLUTION ratifying the declaration of an
 emergency, declaring an emergency existed, and authorizing repairs to Kissel Well by
 Schneider Water Services.

 B. Resolution authorizing an agreement with City of Yakima Public Works for $612,401 of
 CDBG funding for construction of the Aquatic Center at Martin Luther King, Jr. Park.

 Community and Economic Development Director Bill Preston briefed Council on the
 proposed resolution and agreement. The City Clerk read the resolution by title only.

 MOTION: Deccio moved and Herrera seconded to adopt the resolution. The
 motion carried by a 7-0 roll call vote.

 RESOLUTION NO. R-2024-154, A RESOLUTION authorizing an agreement between
 the City of Yakima and City of Yakima Public Works in the amount of Six Hundred
 Twelve Thousand Four Hundred One Dollars ($612,401) in Community Development
 Block Grant (CDBG) funds for the construction of the Aquatic Center at Martin Luther
 King, Jr. Park.

 C. Resolution authorizing an agreement with City of Yakima Public Works for $150,000 of
 CDBG funding for sidewalk and street lighting improvements in low-to-moderate income
 areas

 Community and Economic Development Director Bill Preston briefed Council on the
 proposed resolution and agreement. The City Clerk read the resolution by title only.

 MOTION: Deccio moved and Herrera seconded to adopt the resolution. The motion
 carried by a 7-0 roll call vote.

 RESOLUTION NO. R-2024-155, A RESOLUTION authorizing an agreement between
 the City of Yakima and City of Yakima Public Works in the amount of One Hundred Fifty
 Thousand Dollars ($150,000) in Community Development Block Grant (CDBG) funds to
 address infrastructure needs related to the safety of the sidewalk and/or street lighting
 conditions in low-to-moderate income neighborhoods.

 D. Resolution accepting and authorizing TSRP (Traffic Safety Resource Program) funding
 to add a Traffic Safety Resource Prosecutor position to the Legal Department

 Senior Assistant City Attorney Cynthia Martinez presented this item to Council. The City
 Clerk read the resolution by title only.

 MOTION: Deccio moved and Berg seconded to adopt the resolution. The motion
 carried by a 7-0 roll call vote.

 RESOLUTION NO. R-2024-156, A RESOLUTION authorizing the City Manager to
 pursue TSRP (Traffic Safety Resource Program) funding to add a Traffic Safety
 Resource Prosecutor position to the Legal Department.

 E. Ordinance amending Yakima Municipal Code Chapter 1.18 to update functions
 performed by administrative departments



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 City Attorney Sara Watkins briefed Council on this item. The City Clerk read the
 ordinance by title only.

 MOTION: Deccio moved and Berg seconded to pass the ordinance. The motion
 carried by a 7-0 roll call vote.

 ORDINANCE NO. 2024-023, AN ORDINANCE amending Yakima Municipal Code
 Chapter 1.18 to update the functions performed by administrative departments.

 F. Ordinance amending Title 6 of the Yakima Municipal Code relating to public safety and
 morality by adding a new Chapter 6.13, relating to SODA (Stay Out of Drug Areas)
 Orders

 Senior Assistant City Attorney Cynthia Martinez and Yakima Police Department Sgt.
 Wisner provided information about formalizing SODA orders. The City Clerk read the
 ordinance by title only.

 MOTION: Brown moved and Roy seconded to pass the ordinance. The motion was
 carried by a 7-0 roll call vote.

 ORDINANCE NO. 2024-024, AN ORDINANCE relating to public safety; amending Title 6
 of the Yakima Municipal Code relating public safety and morality by adding a new
 chapter, 6.13, relating to SODA (Stay Out of Drug Areas) Orders.

 G. Resolution designating prohibited areas in SODA (Stay Out of Drug Areas) Orders
 issued under Chapter 6.13.

 Senior Assistant City Attorney Cynthia Martinez briefed Council on the proposed
 resolution to designate SODA areas. The City Clerk read the resolution by title only.

 MOTION: Deccio moved and Berg seconded to adopt the resolution. The motion
 was carried by a 7-0 roll vote.

 RESOLUTION NO. R-2024-157, A RESOLUTION designating prohibited areas in SODA
 (Stay Out of Drug Areas) Orders issued under Chapter 6.13.

 H. Discussion related to nuisance activities.

 City Attorney Sara Watkins provided opening remarks for Council discussion relating to
 nuisance activities. After Council discussion,

 MOTION: Glenn moved and Berg seconded to direct staff to continue seeking
 resolutions to the homelessness problem and bring ideas back to future meeting
 within one month. The motion carried by unanimous vote.

10. City Manager Update

 City Manager Baker commended staff for assisting with management transition efforts.
 She also informed Council about a recent meeting with Pacific Power regarding their de-
 energization practices in Yakima County.



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 Baker and Councilmembers expressed gratitude to Rosylen Oglesby and wished her
 success in her next position.

11. Other Business

 MOTION: Herrera moved and Deccio seconded to direct staff to plan for a future
 study session, a round table discussion with community service providers relating
 to opioid epidemic. The motion carried by unanimous vote.

 Councilmember Glenn thanked Mike Johnson of the Union Gospel Mission for his tenure.

 Councilmember Brown requested an update to a previous request on alternative options
 for maintaining the DYBID district.

12. Adjournment

 MOTION: Deccio moved and Herrera seconded to adjourn to the next City Council
 study session on August 27, 2024, at 5:00 p.m. in the Council Chambers at City Hall.
 The motion carried by unanimous vote. The meeting adjourned at 7:32 p.m.


CERTIFICATION
READ AND CERTIFIED ACCURATE BY
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 COUNCIL MEMBER DATE

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ATTEST:

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 CITY CLERK MAYOR




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