City Council Regular Meeting — Yakima, WA
Date: 2024-10-01

YAKIMA CITY COUNCIL MINUTES
 October 1, 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 consider the selection of a site or the acquisition of real estate by lease
 or purchase when public knowledge regarding such consideration would cause a likelihood of
 increased price pursuant to RCW 42.30.110(1)(b)
 MOTION: Brown moved and Herrera seconded to adjourn to Executive Session until
 5:30 p.m. to consider the selection of a site or the acquisition of real estate by lease
 or purchase when public knowledge regarding such consideration would cause a
 likelihood of increased price pursuant to RCW 42.30.110(1)(b). The motion carried by
 unanimous vote; Deccio absent.
 Present for Executive Session: Mayor Patricia Byers, presiding; Assistant Mayor Matt Brown
 and Councilmembers Reedy Berg (attending remotely via speakerphone), Rick Glenn,
 Danny Herrera and Leo Roy
 Executive session was held at 5:23 p.m. and adjourned at 5:30 p.m. The meeting was
 called back to order at 5:30 p.m.

1. Roll Call
 Present: Mayor Patricia Byers, presiding; Assistant Mayor Matt Brown and Councilmembers
 Reedy Berg (attending remotely via Zoom), Rick Glenn, Danny Herrera and Leo Roy
 Staff: City Manager Vicki Baker, City Attorney Sara Watkins and City Clerk Rosalinda Ibarra
 Absent and Excused: Councilmember Janice Deccio

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
 Steve Hill, Chair of the Yakima County Homeless Network, spoke about the SODA areas and
 requested a meeting with Council and service providers regarding the matter.
 Tony Sandoval, City resident, suggested that Council consider indigent defendants pay
 minimal costs to help cover some of their own defense costs.
 Mr. Timm, City resident, stated that Council has not responded to concerns regarding a project
 development in the neighborhood.



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 Jeanna Hernandez, City resident, recommended that Council institute a moratorium on right-
 of- way vacations that do not have long-term economic development benefits to the City.
 Angelica Cisneros, Jocelyn Castro, and Salma Zuazo (Heritage University nursing students);
 Dr. Sheila Kredit, South Central Chapter of the WA Academy of Family Physicians; Dr. Andrés
 Calvillo, physician; Meghan Tweedy, city resident; and Dr. Noah Levine, physician; spoke in
 support of the needle exchange program and in opposition of eliminating harm reduction
 programs. They urged Council to consider the negative effects the removal of the needle
 exchange program will have on public health.
 LaWanda Hatch, Franklin County resident, provided information about the Franklin County
 needle exchange program and spoke in favor of eliminating the needle exchange program.
 Victor Lombardi, Moses Lake resident, shared with Council questions that they may consider
 when evaluating needle exchange programs.

5. Open Discussion for the Good of the Order
 A. Fundraising efforts and project update on the Aquatic Center at MLK Jr. Park
 Parks and Recreation Manager Ken Wilkinson presented a status update on the
 construction of the Aquatic Center at Martin Luther King Jr. Park. The parking lot has
 been completed and total project completion is anticipated for June 2025.
 Addy Logsdon, fundraising consultant, provided an update on fundraising efforts for
 the aquatic center project. Funding for the project is ongoing and close to being fully
 funded. Additional funding has been received from Yakima County, the State of
 Washington, the City of Yakima, and pledges from community donors.
 Total cost for the construction of the project is approximately $10.9 million and
 estimated operating costs are expected to be between $250k-$300k.

6. Council Reports
 A. Discussion on reducing or eliminating needle exchange programs in the City limits
 Councilmember Reedy Berg opened the discussion.

 Senior Assistant City Attorney Brooke Hargreaves provided Council information about the
 potential regulation of needle exchange programs by the City of Yakima and other
 jurisdictions. These programs are authorized by statute and cannot be prohibited by local
 governments.

 After discussion, Council requested that the Yakima County Health District provide a
 presentation to Council on the needle exchange program they operate.

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 and I 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 Herrera seconded to approve the consent agenda as
 presented. The motion carried by a 6-0 roll call vote; Deccio absent.



October 1, 2024 – Yakima City Council Meeting Minutes Page 2 of 7
 A. Approval of minutes from the September 17, 2024 City Council regular meeting
 B. Set date of November 4, 2024, as the date for an open record public hearing to
 consider the Yakima Planning Commission's recommendation on a Comprehensive
 Plan Amendment (CPA#001-24) and Rezone (RZ#001-24) request for five parcels in
 the vicinity of the 2000 block of Viola Ave and Simpson Ln
 C. Set date of November 4, 2024, as the date for an open record public hearing to
 consider the Yakima Planning Commission's recommendation on a Comprehensive
 Plan Amendment (CPA#002-24) and Rezone (RZ#002-24) request for 7500 W Nob
 Hill Blvd
 D. Set date of November 4, 2024, as the date for an open record public hearing to
 consider the Yakima Planning Commission's recommendation on a Comprehensive
 Plan Amendment (CPA#003-24) and Rezone (RZ#003-24) request for 8603 & 8604
 Ahtanum Rd
 E. Resolution accepting and approving 2nd Quarter 2024 Claim Report
 RESOLUTION NO. R-2024-175, A RESOLUTION accepting and approving the 2nd
 Quarter 2024 Claim Report for the City of Yakima.
 F. Resolution ratifying and confirming the City Manager's execution of Change Order
 7 with Apollo Inc for N 1st Street Phase 3 Project 2580
 RESOLUTION NO. R-2024-176, A RESOLUTION ratifying and confirming the City
 Manager’s execution of Change Order 7 with Apollo Inc. for the North 1st Street Phase
 3 Project, Project Number 2580.
 G. Resolution authorizing contract with Knobel's Electric Inc for the N. 2nd Street & Staff Sgt.
 Pendleton Way Sidewalk Replacement Project 2603
 RESOLUTION NO. R -2024-177, A RESOLUTION authorizing an agreement with
 Knobel’s Electric Inc. for N 2nd Street & Staff Sgt. Pendleton Way Sidewalk
 Replacement Project 2603.
 H. This item was removed from the Consent Agenda
 I. This item was removed from the Consent Agenda

Items Removed from the Consent Agenda
 Mayor Byers acknowledged that these items exhibit collaboration and partnership and are in
 line with the Council’s strategic priorities.

 H. Resolution authorizing an Interlocal Agreement with Kittitas Valley Fire and Rescue for
 a Joint Training Academy
 RESOLUTION NO. R-2024-178, A RESOLUTION authorizing an Interlocal
 Agreement with Kittitas Valley Fire and Rescue for a Joint Training Academy.
 I. Resolution authorizing the City Manager to accept a $353,998 Office on Violence
 Against Women (OVW) Enhancing Investigation and Prosecution of Domestic
 Violence (DV), Dating Violence, Sexual Assault, and Stalking Initiative Grant by
 signing the Award Acceptance Agreement
 RESOLUTION NO. R-2024-179, A RESOLUTION authorizing the City Manager to
 accept a $353,998 Office on Violence Against Women (OVW) Enhancing Investigation



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 and Prosecution of Domestic Violence (DV), Dating Violence, Sexual Assault, and
 Stalking Initiative Grant by signing the Award Acceptance Agreement.

 The City Clerk read both resolutions by title.
 MOTION: Brown moved and Roy seconded to adopt Items H and I. The motion carried
 by a 6-0 roll call vote; Deccio absent.

8. Public Hearings
 A. Public hearing and Ordinance to consider the Hearing Examiner's recommendation
 regarding a right-of-way petition for Columbia Ridge Homes to vacate a portion of N.
 92nd Ave. north of Summitview Ave
 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.

 Tom Durant of PLSA Surveying, spoke on behalf of applicants and in favor of Council
 approving this right-of-way vacation. Mr. Durant submitted for the record the stamped
 engineered plans of N. 92nd Avenue.

 Neil Hauff and Michele Hauff, City residents; Marchal Tyler, City resident; Reed Pell,
 attorney for Neil and Michele Hauff; spoke in opposition to the proposed right-of-way
 vacation.

 Senior Assistant City Attorney Bronson Faul provided Council with information regarding
 jurisdictional ownership of the subject property.

 Justin Hellem, with Columbia Ridge Homes, addressed concerns regarding the grade
 incline of the newly constructed roadway near their proposed development.

 After extensive Council discussion,
 MOTION: Byers moved and Glenn seconded to close the public hearing and delay
 the decision for two weeks. Motion carried by 4-1 vote; Brown voting no. Berg was
 not present during the vote; and Deccio absent.

 Mayor Byers closed the public hearing.



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9. Department Items

 A. Resolution authorizing execution of closing documents to complete the purchase
 of the property at 10 North 9th Street

 City Attorney Sara Watkins briefed Council on the proposed resolution finalizing the
 purchase and sale of the Chamber building property.

 The City Clerk read the resolution by title only.

 MOTION: Brown moved and Roy seconded to adopt the resolution. The motion
 carried by a 5-1 roll call vote; with Glenn voting no and Deccio absent.

 RESOLUTION NO. R-2024-180, A RESOLUTION authorizing execution of closing
 documents to complete the purchase of the property at 10 North 9th Street.

 B. Resolution authorizing a Contract Agreement with Interwest Construction, Inc. for the
 Nelson Ph. 2 Conveyance Improvements Project IC2010

 Water/Irrigation Manager Mike Shane briefed Council on the proposed resolution and
 noted that the total bid for all phases of construction is approximately $13.7 million.
 Phase 2A of this project is anticipated to begin this year during the irrigation off-season
 period.

 The City Clerk read the resolution by title only.

 MOTION: Brown moved and Roy seconded to adopt the resolution. The motion
 carried by a 6-0 roll call vote; Deccio absent.

 RESOLUTION NO. R-2024-181, A RESOLUTION authorizing an agreement with
 Interwest Construction, Inc. for the construction of the Nelson Dam Removal Project:
 Water Supply, Fish Passage, and Riverine Process Phase 2 (2A, 2B and 2C)
 Conveyance Improvements Project IC2010.

 C. Resolution authorizing an Agreement with Perry Technical Institute for the
 Use of an Undeveloped Area of Tahoma Cemetery for Parking

 Parks and Recreation Manager Ken Wilkinson briefed Council on the proposed
 resolution allowing the temporary use of a portion of undeveloped area at Tahoma
 Cemetery for overflow parking for students attending Perry Technical. Jason
 Lamiquiz, President of Perry Technical Institute, provided additional information
 regarding the future growth of the school, including a new building and parking lot.

 The City Clerk read the resolution by title only.

 MOTION: Brown moved and Herrera seconded to adopt the resolution. The
 motion carried by a 6-0 roll call vote; Deccio absent.

 RESOLUTION NO. R-2024-182, A RESOLUTION approving the Lease Agreement
 between the City of Yakima and Perry Technical Institute.



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 D. Discussion on nuisance activities in downtown area

 City Attorney Sara Watkins informed Council about an ordinance relating to
 shopping carts to be on the next business meeting agenda. Additionally, a
 meeting will take place with Yakima County and other stakeholders regarding
 nuisance activities along the Greenway Path.

 Council requested an update regarding recent litigation in Spokane relating to
 their sit/lie ordinance.

 E. 2025-2026 Preliminary Priority Based Budget presentation

 Finance staff consisting of Director Viren Mayani, Financial Services Manager
 Kimberly Domine, and Financial Services Officer Jen Paxton, along with City
 Manager Vicki Baker presented and reviewed the 2025-2026 preliminary priority-
 based biennial budget.

 The 2025 General Fund budget is predicted to have a shortfall of approximately $7
 million dollars between revenues and expenditures. And the 2026 General Fund
 budget deficit is projected to be approximately $9 million dollars. It will be very
 challenging for the City to maintain a 16.7% policy reserve amount as mandated by
 City policy. Some contributing factors to the current situation include: property tax levy
 rate decrease, in 2024 the rate was $1.85; CPI annual increases to the dedicated
 street overlay and reconstruction fund and the public parks and recreation capital fund;
 liability insurance rates; unsettled collective bargaining agreements; COLA
 adjustments and inflation; payroll and accrued liability; LEOFF 1 retiree's healthcare
 costs; probation services costs; indigent defense workload limitations; YMCA operating
 costs; among other qualifying events.

10. City Manager Update

 City Manager Baker discussed an opportunity for the Council to provide support to All Aboard
 Washington to return passenger rail service to the Yakima area. It was Council consensus to
 support their efforts.

 City Manager Baker provided an update regarding public parking permits.

 MOTION: Brown moved and Glenn seconded to direct staff to draft an amendment to
 the public parking ordinance changing the allowed parking permits from 40% to 50%.
 The motion carried by unanimous vote; Deccio absent.

 City Manager Baker shared that former City Manager Dick Zais offered to volunteer time to
 help through the budget process. Council agreed to accept his assistance with budget.

11. Other Business

 Mayor Byers introduced a draft proclamation for Council’s consideration related to the 80th
 anniversary of Staff Sergeant Pendleton’s heroism.

 MOTION Brown moved and Roy seconded to suspend the rules. The motion carried by
 unanimous vote; Deccio absent


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 MOTION: Brown moved and Roy seconded to accept the proclamation before the
 Council tonight to be read at the October 8 meeting declaring October 12 to be Sergeant
 Pendleton Day in the City of Yakima. The motion carried by unanimous vote; Deccio absent.

 Mayor Byers notified Council that the application period for the Yakima County Health District
 Board is currently open and applications are due October 6, 2024.

 An invitation was extended to City Council to attend the US Citizenship and Immigration
 Services (USCIS) Change of Command Ceremony, on Wednesday, October 9, 2024, from
 11:00 a.m. to 12:30 p.m. Councilmember Glenn confirmed his attendance at this event.

 Mayor Byers informed Council members that the previously approved LTAC allocations will be
 back before Council in December for formal approval.

 Mayor Byers encouraged Council to read a letter of appreciation from an ONDS program
 recipient which is included in the Council packet.

 MOTION: Berg moved and Brown seconded to direct staff to bring ordinances
 regulating needle exchange programs back to Council for discussion after presentation
 from the Yakima County Health District. The motion carried by a 5-1 vote; Herrera voting
 no; Deccio absent.

12. Adjournment

 MOTION: Brown moved and Herrera seconded to adjourn to the next City Council
 study session on October 8, 2024, at 5:00 p.m. in the Council Chambers at City Hall.
 The motion carried by unanimous vote; Deccio absent. The meeting adjourned at 8:53 p.m.


CERTIFICATION
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