City Council Regular Meeting — Yakima, WA
Date: 2025-02-04

YAKIMA CITY COUNCIL MINUTES
 February 4, 2025
 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, 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.

4. Public Comment
 Gale Smart, Yakima resident, made remarks in support of farmworkers and on behalf of the
 undocumented and immigrant community.

 Andrew Reyes, City resident, spoke about several matters.

 Mireya Chavez and Anselmo Mendoza, introduced students from La Casa Hogar who are
 learning about local government and are in the process of obtaining their citizenship.

 Patricia Hoendermis, spoke in support of the pool however, expressed concern about the
 future maintenance costs.

 Mark Peterson, Yakima County resident and downtown business owner, commented about
 an assault he experienced downtown. He posted the video on Facebook which generated a
 lot of comments regarding lack of safety and security in the community.

 Joe Daniels, City resident, read a religious passage.

 Tony Courcy, City resident, spoke on several matters.

5. Open Discussion for the Good of the Order

 A. Recognition of Royale Schneider for 25 years of service
 Director of Human Resources Connie Mendoza recognized Royale Schneider for 25
 years of service to the City of Yakima.


February 4, 2025 – Yakima City Council Meeting Minutes Page 1 of 7
 B. Administration of Oath of Office to Police Chief Shawn Boyle
 City Clerk Rosalinda Ibarra administered the Oath of Office to newly appointed Police
 Chief Shawn Boyle.

 Chief Rex Ingram, Police Chief of Caldwell, ID; and Yakima County Sherriff Bob Udell,
 spoke in support of Chief Boyle's promotion. Chief Boyle expressed appreciation and
 addressed the community regarding partnerships, safety, transparency and
 communication. Councilmembers praised Chief Boyle for his positive reputation
 around the community.

6. Council Reports

 A. Council Discussion of Home Occupations

 Planning Manager Trevor Martin provided information about home occupation
 permitted uses in the City of Yakima. Assistant Mayor Brown shared suggestions to
 streamline Chapter 15.04.120: Home Occupations.

 After Council discussion,
 MOTION: Brown moved and Deccio seconded to send the proposed changes
 discussed to the Planning Commission to include in a future comp plan
 discussion. 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. 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: 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 January 21, 2025 City Council regular meeting

 B. Resolution setting date of February 18, 2025 to amend 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
 RESOLUTION NO. R-2025-022, A RESOLUTION setting the time and place for a
 hearing on February 18, 2025 to review and adopt the amended Six-year
 Transportation Improvement Program and amend the Capital Facilities Element of the
 Yakima Urban Area Comprehensive Plan for the period of 2025-2030.

 C. Resolution authorizing a contract with Iron Horse, LLC for CIPP Rehabilitation of the
 Rudkin Road Trunk Sewer Main Project SC2819
 RESOLUTION NO. R-2025-023, A RESOLUTION authorizing a contract with Iron
 Horse, LLC for Project SC2819 CIPP Rehabilitation of the Rudkin Road Trunk Sewer
 Main.



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 D. Resolution authorizing Task Order 2025-01 with HLA Engineering and Land Surveying,
 Inc. to provide engineering services for Yakima Arboretum Force Main Rehabilitation
 Project SC2819
 RESOLUTION NO. R-2025-024, A RESOLUTION authorizing Task Order 2025-01
 with HLA Engineering and Land Surveying, Inc. to provide engineering services for
 Project SC2819 Yakima Arboretum Force Main Rehabilitation.
 E. Resolution authorizing acceptance and execution of a grant program agreement with
 the Washington State Transportation Improvement Board for the 72nd Avenue and W.
 Washington Avenue Roundabout Project 2517
 RESOLUTION NO. R-2025-025, A RESOLUTION authorizing acceptance and
 execution of a grant program agreement with the Washington State Transportation
 Improvement Board for the 72nd Avenue and W. Washington Avenue Roundabout
 Project 2517.
 F. Resolution authorizing acceptance of 2024 City Safety Program HSIP award with the
 Washington State Department of Transportation for the E. Nob Hill Blvd. and S. 18th
 St. Safety Improvements Project 2843
 RESOLUTION NO. R-2025-026, A RESOLUTION authorizing acceptance of 2024 City
 Safety Program HSIP award with the Washington State Department of Transportation
 for the E. Nob Hill Blvd. and S. 18th St. Safety Improvements Project 2843.
 G. Ordinance to create a fund to account for Aquatics Facilities Revenue (Second
 Reading)
 ORDINANCE NO. 2025-001, AN ORDINANCE authorizing the establishment of a
 Special Revenue Fund 133 “Aquatics Facilities Fund”; specifying sources of revenue for
 such fund; and designating the purposes of and the manner of authorizing expenditures
 from such fund.

8. Public Hearings
 A. Public Hearing to consider: A) Resolution adopting the amended Six-Year Transportation
 Improvement Program for the period of 2025-2030, and to amend the Transportation
 Systems Plan 2040; and B) Resolution amending the Yakima Urban Area
 Comprehensive Plan Capital Facilities Element
 Acting City Engineer Bill Preston briefed Council on the public hearing regarding the
 Six-Year Transportation Improvement Program (TIP).
 Mayor Byers opened the public hearing and with no one coming forward or calling in to
 speak, Mayor Byers closed the public hearing.
 The City Clerk read both resolutions by title only.
 MOTION: Brown moved and Deccio seconded to adopt both resolutions. The
 motion carried by 7-0 roll call vote.
 RESOLUTION NO. R-2025-027, A RESOLUTION amending the adopted Six-Year
 Transportation Improvement Program (TIP) for the period of 2025 through 2030 and
 amending the Transportation Systems Plan 2040.
 RESOLUTION NO. R-2025-028, A RESOLUTION amending the Yakima Urban Area
 Comprehensive Plan Capital Facilities Element to incorporate the amended Six-Year
 Transportation Improvement Program (TIP) for the period of 2025 through 2030.


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 B. Closed record public hearing and Resolution to consider the Hearing Examiner's
 recommendation regarding the preliminary plat of "Aspen Estates Phase 3" submitted
 by HLA Engineering and Land Surveying, Inc., located at 5903 Walla Walla Street

 Senior Planner Eric Crowell introduced this item and briefed Council on the Hearing
 Examiner’s recommendation.

 Mayor Byers stated this is a closed record hearing and testimony will be limited to the
 record regarding the preliminary plat. Mayor Byers administered the Appearance of
 Fairness Doctrine. Each Councilmember answered negatively or affirmatively to the
 following questions:
 1. Do you have any interest in the property or the application, or do you own property
 within 300 feet of the property subject to the application? All Councilmembers
 responded they did not.
 2. Do you stand to gain or lose any financial benefit as a result of the outcome of this
 proposal? The response from Council members was no.
 3. Can you hear and consider the application in a fair and objective manner, without
 bias? All Council members stated they could.
 4. Have you had any ex parte communications with the Applicants, or anyone else,
 regarding this application? All Council members responded no.

 Mayor Byers asked if anyone wished to challenge any Council member’s participation
 in this application on appearance of fairness grounds? No one spoke to the issue.

 Mayor Byers opened the public hearing.

 Joseph Calhoun, HLA Engineering on behalf of developer, spoke in support of the
 project and offered to answer any questions.

 With no one else coming forward or calling in to speak, Mayor Byers closed the public
 hearing.

 The City Clerk read the resolution by title only.

 MOTION: Brown moved and Deccio seconded to affirm the decision of the Hearing
 Examiner and adopt the resolution. The motion carried by 7-0 roll call vote.

 RESOLUTION NO. R-2025-029, A RESOLUTION approving the Preliminary Long Plat
 of Aspen Estates Phase 3, a 15-lot subdivision, located at 5903 Walla Walla St.

 C. Closed record public hearing and Resolution to consider the Hearing Examiner's
 recommendation regarding the preliminary plat of "Occidental Place" submitted by HLA
 Engineering and Land Surveying, Inc., 9206 Occidental Road

 Planning Manager Trevor Martin introduced this item and briefed Council on the
 proposal. Mr. Martin explained that due to a mapping error the soil sampling condition
 in the Hearing Examiner’s recommendation is not necessary. He requested that
 Council approve the preliminary plat with a modification to remove condition B from the
 Hearing Examiner's recommendation.



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 Mayor Byers stated this is a closed record hearing and testimony will be limited to the
 record regarding the preliminary plat. Mayor Byers administered the Appearance of
 Fairness Doctrine. Each Councilmember answered negatively or affirmatively to the
 following questions:
 1. Do you have any interest in the property or the application, or do you own property
 within 300 feet of the property subject to the application? All Councilmembers
 responded they did not.
 2. Do you stand to gain or lose any financial benefit as a result of the outcome of this
 proposal? The response from Council members was no.
 3. Can you hear and consider the application in a fair and objective manner, without
 bias? All Council members stated they could.
 4. Have you had any ex parte communications with the Applicants, or anyone else,
 regarding this application? All Council members responded no.

 Mayor Byers asked if anyone wished to challenge any Council member’s participation
 in this application on appearance of fairness grounds? No one spoke to the issue.

 Mayor Byers opened the public hearing.

 Joseph Calhoun, HLA Engineering on behalf of developer, spoke in support of the
 project and eliminating condition B.

 With no one else coming forward or calling in to speak, Mayor Byers closed the public
 hearing.

 The City Clerk read the resolution by title only.

 MOTION: Brown moved and Deccio seconded to affirm the decision of the
 Hearing Examiner and adopt the resolution with modifications to eliminate item
 B. The motion carried by 7-0 roll call vote.

 RESOLUTION NO. R-2025-030, A RESOLUTION approving the Preliminary Long Plat
 of Occidental Place, a 12-lot common-wall subdivision, located at 9206 Occidental
 Place.

 D. Public hearing and Resolution to consider the Hearing Examiner's recommendation
 regarding a right-of-way petition for Ted Palmatier and deny the request to vacate a
 portion of N. 68th Ave. between Englewood Ave. and Scenic Drive

 Planning Manager Trevor Martin introduced this item and briefed Council on the
 Hearing Examiner's recommendation.

 Mayor Byers opened the public hearing.

 Jeff Peters, PLSA Engineering on behalf of Tom Durant (engineer of record),
 representing the community and Mr. Palmatier, spoke in favor of the project and read a
 statement from Tom Durant addressing community concerns.

 Ted Palmatier and Dr. Barry Bernfeld, Yakima residents, spoke in favor of the right-of-
 way petition and expressed concerns about the safety of the area.



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 Jeanna Hernandez, City resident, spoke in opposition and urged Council to deny the
 right-of way-vacation petition.

 With no one else coming forward or calling in to speak, Mayor Byers closed the public
 hearing.

 The City Clerk read the resolution by title only.

 After extensive Council deliberation,
 MOTION: Glenn moved and Berg seconded to adopt the resolution as
 recommended by the Hearing Examiner. The motion carried by 5-2 roll call vote;
 Brown and Deccio voting no.

 RESOLUTION NO. R-2025-031, A RESOLUTION relating to land use; denying
 vacating a portion of N. 68th Ave. between Englewood Ave. and Scenic Dr. in the City
 of Yakima, Washington.

9. Department Items

 A. Ordinance allocating the 5% stormwater utility tax increase for all pool operations

 Parks and Recreation Manager Ken Wilkinson briefed the Council on the proposed
 ordinance to allow the allocation of 5% of the Stormwater In-Lieu Tax collected to the
 Aquatics Facilities Fund. The funds generated would pay for operational expenses
 associated with the City's various aquatic facilities.

 The City Clerk read the ordinance by title only.

 MOTION: Brown moved and Deccio seconded to pass the ordinance. The motion
 carried by a 6-1 roll call vote; with Berg voting no.

 ORDINANCE NO. 2025-002, AN ORDINANCE amending the City of Yakima
 Municipal Code Section 3.131.010, Aquatic Facilities Fund.

 B. Discussion of the billing of non-residents for use of emergency fire and police services
 In response to Council's request about billing non-residents for the use of emergency
 fire and police services, Yakima Police Lieutenant Ira Cavin provided a presentation
 regarding DUI emergency response expense and cost recovery authorized pursuant to
 RCW 38.52.430. The statute allows public agencies to recover the reasonable costs of
 an emergency response to an incident involving any person operating vehicles under
 the influence of intoxicants, limited to $2,500 per incident. Currently, the Yakima Police
 Department is utilizing this cost recovery method regularly, but it could also be
 expanded to include the Fire Department and Public Works in certain circumstances.
 And while the Prosecutor’s Office, the Courts, Finance Department, and Corrections
 are also involved in the process, they are not eligible for cost recovery of their services.

 Senior Assistant City Attorney Ryan Bleek explained that there isn’t any statutory
 support that allows charging non-residents separately for emergency services received
 in Washington state. The Council expressed appreciation for the information.




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10. City Manager Update

 City Manager Baker encouraged Council to monitor state legislative sessions and actions,
 particularly HB1428 designed to assist cities with public safety costs.

11. Other Business

 MOTION: Brown moved and Glenn seconded to direct staff to bring back to the next
 Council business meeting a change to Yakima Municipal Code Section 7.92, the
 Affordable Housing Incentive Program, which adopts the state statute requirements,
 which are broader than the current ordinance language. The motion carried by
 unanimous vote.

12. Adjournment

 MOTION: Brown moved and Deccio seconded to adjourn to the next City Council
 study session on February 11, 2025, at 5:00 p.m. in the Council Chambers at City
 Hall. The motion carried by unanimous vote. The meeting adjourned at 8:06 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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