CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
JUNE 3, 2003 – 2:00 P.M.
COUNCIL CHAMBERS - CITY HALL
1. Roll Call
Council: Mayor Mary Place, presiding, Council Members Clarence Barnett,
Lynn Buchanan, Paul George, Larry Mattson, John Puccinelli, and
Staff: Assistant City Manager Rice, City Attorney Paolella and City Clerk
2. Invocation/Pledge of Allegiance
Council Member Puccinelli gave an invocation, followed by the Pledge of Allegiance
led by Council Member Buchanan.
3. Open Discussion for the Good of The Order/Special Presentation
Fire Chief Mayo introduced the new Deputy Chiefs; Brian Schaeffer and Steve Scott.
Brian most recently was the Deputy Chief at West Valley and previously held the
position of Chief in Kansas City. Steve has spent 27 years in the Yakima City Fire
Department and was Fireman of the Year in 1979.
4. Consent Agenda
Mayor Place referred to the items placed on the Consent Agenda, questioning
whether there were any additions or deletions from either Council members or
citizens present. Item No. 14 was added to the Consent Agenda. The City Clerk
read the Consent Agenda items, including resolutions and ordinances by title.
SIMS MOVED AND BUCHANAN SECONDED TO ADOPT THE CONSENT
AGENDA AS READ. The motion carried by unanimous roll call vote.
(Subsequent paragraphs preceded by an asterisk (*) indicate items on the
Consent Agenda handled under one motion without further discussion.)
5. Audience Participation
Rita Anson, Finance and Budget Director, thanked Council for approving the
bond sale (Item No. 10) and advised they were able to save the city close to
$280,000 using the current good interest rates. She also thanked the
investment banker, the attorney and all staff involved in this very successful
transaction. She noted that the proceeds are approximately $1.4 million which
is a couple hundred thousand more than initially expected.
Ruth Melendez, 312 North 4th Place #308, described a situation wherein the
property manager where she lives denied her request to put in deadbolts,
based upon City codes. Her request for information about these codes was
referred to the Code Administration Office.
CITY MANAGER'S REPORTS
6. Consideration of Council policy to establish a “Customer Service
Initiative” program regarding the City’s permit review process
Bill Cook, Community and Economic Development Director, said they are introducing
the concept of an assurance to the development committee that we can deliver on
residential and commercial permits.
Dave McFadden, President of New Vision, said the new customer service permitting
commitment is a major step forward in providing clarity on the maximum length of time
it should take to get through the permitting processes. The ease or difficulty of this
process often is a consideration of new businesses when considering relocation. He
expressed gratitude to the New Vision Board, Central Washington Homebuilders, and
a large number of other people, including City staff, for their efforts in creating these
MATTSON MOVED AND SIMS SECONDED TO ACCEPT THE CUSTOMER
SERVICE INITIATIVE PROGRAM POLICY. The motion carried by unanimous voice
7. Consideration of Resolution to acknowledge the Mexican Consular
Identification Card (Matricula Consular) as a form of identification
Jorge Medraza, the Consul of Mexico to the states of Washington and Alaska,
described the numbers of Mexican Nationals in the United States (23,000,000) and in
the Yakima Valley (240,000). In March 2002, President Fox’s administration started a
program to develop the Mexican identification card for Mexican Nationals outside of
Mexico. Texas provided the first identification cards in March 2002. The intent of the
card is to provide services for Mexicans. It identifies the Mexican National, their place
of birth, their age, and their residence in the states. It is not a green card, nor a visa
or immigration document. Approximately fifteen states currently recognize this card.
The state of Washington started December 9, 2002. If Yakima adopts this resolution,
they will be the first city in Eastern Washington with this kind of recognition.
Roy Willson, Police Chief, clarified that this identification wouldn’t be any different than
if the US established a national ID card. There are no special privileges that go along
with the card but it is an advantage for the police when people can produce proper
identification. He said the Police Department would help put together a program to
educate businesses in the valley using sample identification cards and literature to
showing and the safeguards in place.
Linda Kaminski, President of Yakima Valley Community College, supports the ID card
and said it will allow access to their library as a picture ID is required.
Monica Wayhem, Director of the Yakima Regional Library, is pleased to accept this
official ID to issue a library card.
Antonio Ginata, Executive Director of the Commission on Hispanic Affairs, said they
very much support the matricula consular because it is a positive step in promoting
safety and inclusion and a good relationship between the City of Yakima and it’s
immigrant community. With the emphasis on safety resulting from September 11th, this
card allows police to properly identify a person.
Council Members George and Puccinelli asked questions about how they are
obtained. Mr. Medraza explained that representatives from the Mexican Consul come
to Yakima every other weekend, and what documents must be supplied to obtain the
card. The City Clerk read the resolution by title only; BUCHANAN MOVED AND
PUCCINELLI SECONDED TO ADOPT THE RESOLUTION. The motion carried by
unanimous roll call vote.
RESOLUTION NO. R-2003-83, A RESOLUTION acknowledging the Mexican
Consular Identification Card, or Matricula Consular, as a form of identification.
*8. Consideration of Resolution authorizing execution of professional
services agreement with Le Master & Daniels for the Public Works
RESOLUTION NO. R-2003-84, A RESOLUTION authorizing and directing the City
Manager to execute a professional services agreement between the City of Yakima
and LeMaster & Daniels, LLC Certified Public Accountants and Consultants for
professional consulting services.
*9. Consideration of Resolution authorizing execution of professional
services agreement with the Chamber of Commerce
RESOLUTION NO. R-2003-85, A RESOLUTION authorizing the City Manager of the
City of Yakima to execute a professional services agreement with the Greater Yakima
Chamber of Commerce, Inc. for the purpose of fostering community development and
citizen participation in City government.
*10. Consideration of Resolution ratifying the refunding of 1994 Police
Station/Legal Center bonds; and/or SunDome expansion bonds
RESOLUTION NO. R-2003-86, A RESOLUTION of the City Council of the City of
Yakima, Washington, approving a proposal for the purchase of limited tax general
obligation and refunding bonds of the City in the principal amount of $5,585,527.65
and fixing the interest rates of such bonds.
*11 Consideration of Resolution authorizing approval of a Section 108 loan
with Yakima Cellars
RESOLUTION NO. R-2003-87, A RESOLUTION to approve the loan application and
enter into a loan with Julmar, L.L.C. to loan up to $110,00000 from the Yakima
Commercial Development Loan Fund.
*12. Consideration of First Quarter 2003 reports from the Finance Department:
A. Revenue and Expenditure (budget) Report
The First Quarter 2003 Revenue and Expenditure (budget) Report was accepted.
B. Central Receivables Report
The First Quarter 2003 Accounts Receivable Status Report was approved.
*13. Set date of closed record public hearing for June 24, 2003 to consider the
Hearing Examiner’s recommendation on a rezone request by Terry P.
Morton for property located at 906 E. Central and 1302 & 1304 Fair Avenue
June 24, 2003 was set as the date of closed record public hearing to consider the
Hearing Examiner’s recommendation on a rezone requested by Terry P. Morton for
property located at 906 East Central and 1302 & 1304 Fair Avenue.
*14. Consideration of an Ordinance authorizing eminent domain proceedings
for properties for Convention Center expansion project
ORDINANCE NO. 2003-34, AN ORDINANCE authorizing and directing the City’s
outside legal counsel, Lyon Weigand & Gustafson PS, to institute and prosecute legal
proceedings for the condemnation and acquisition of certain real property for the
Yakima Convention Center Parking Lot Expansion Project at 104 and 106 North 8th
Street; providing for the condemnation and taking of such real property and declaring
the condemnation and taking thereof to be necessary for a public use required by the
public interests: directing that compensation for such taking be paid from Fund
Number 370, Yakima Convention Center Capital Improvement Fund of the City of
15. Consideration of Ordinance delegating authority for removal of trees
located within the City right-of-way
Council Member George explained that he requested this revised ordinance because
he thought the current ordinance and practice of bringing each request to remove a
tree before City Council was micro-managing. Council Member Barnett claimed that
the proposed ordinance goes beyond the original motion that was previously before
the Council. The significant change was on who would be responsible to pay for the
removal of a city tree on a city right-a-way. There was discussion clarifying the current
authority levels and cost allocation. The City Clerk read the ordinance by title only,
GEORGE MOVED AND MATTSON SECONDED TO PASS THE ORDINANCE. As a
result of further discussion MATTSON MOVED AND PUCCINELLI SECONDED TO
AMEND THE MOTION TO CORRECT THE MISSPELLING OF SIGHTLINE IN ITEM
B1, TO STRIKE THE WORDS TO PREVENT AND REPLACE WITH BECAUSE IT
CAUSED OR IS CAUSING DAMAGE TO SIDEWALK STREETS OR CURBS, AND
TO STRIKE THE LAST SENTENCE OF PARAGRAPH C AND REPLACE WITH ALL
COST OF REMOVAL AND REPLACEMENT SHALL BE AT THE EXPENSE OF THE
PARTY REQUESTING THE REMOVAL. Lynne Kittelson, 305 North 9th objected to
delegating to staff because there would be no public notification and the trees will be
removed before the public knows about it. The question was called for a vote on
the amendment. The motion carried by a 5-2 voice vote; Barnett and Buchanan
voting nay. The question was called for a vote on the amended ordinance. The
motion carried by a 5-2 roll call vote; Barnett and Buchanan voting nay.
ORDINANCE NO. 2003-35, AN ORDINANCE relating to streets and sidewalks,
empowering the Director of Public Works to authorize the removal of otherwise
healthy street trees; and enacting as a new section, Section 8.80.200 of the City of
Yakima Municipal Code.
*16. Consideration of Ordinance authorizing bilingual pay for exempt City
ORDINANCE NO. 2003-36, AN ORDINANCE relating to compensation; authorizing
bilingual pay for management employees; enacting as a new section, Section.
2.20.089 of the City of Yakima Municipal Code.
*17. Second reading of Ordinance amending the 2003 budget and
appropriating funds for litigation costs
An Ordinance amending the 2003 budget and appropriating funds for litigation
defense in the wastewater odor litigation case, previously having been read by title
only, was brought before the Council for a second reading.
ORDINANCE NO. 2003-37, AN ORDINANCE amending the 2003 budget for the City
of Yakima; and making appropriations to provide for litigation defense from
Unappropriated Fund Balances within various funds for expenditure during 2003.
*18. Second reading of Ordinance amending the 2003 budget and
appropriating funds for expenditures related to biosolids use
An Ordinance amending the 2003 budget and appropriating funds to provide for the
beneficial use of biosolids, previously having been read by title only, was brought
before the Council for a second reading.
ORDINANCE NO. 2003-38, AN ORDINANCE amending the 2003 budget for the City
of Yakima; and making an appropriation of $90,000 in the 473 – Wastewater
Operating Fund for expenditure during 2003 to dispose of biosolids.
19. Other Business
A. Committee appointments
Council Member Buchanan presented the recommended appointments by the Public
Safety Committee to the Citizens Police Advisory Committee:
Wayne Funkhouser Greg Bohn
Daniel Capetillo Shirley Bush
Henry Beauchamp Jerry Foy
Leopoldo Aguilera Mike Merryman
BUCHANAN MOVED AND BARNETT SECONDED TO APPOINT RECOMMENDED
NAMES TO THE CITIZENS POLICE ADVISORY COMMITTEE. The motion carried
by a unanimous voice vote. Lt. Mike Merryman was directed to set up the first
meeting for the group. At the meeting they will to set ground rules, determine the
staggered terms, and report back to the City Council.
Items of information provided to Council were: 5/29/03 Letter to The Honorable Maria
Cantwell, Patty Murray and Doc Hastings re: Proposed elimination of the HUD Section 108
Loan Program; Agenda for the June 4, 2003 Community Review Board Meeting; Agenda for
the June 5, 2003 Yakima Downtown Association meeting and minutes of its May 1, 2003
meeting; Public Notice from the Yakima Regional Clean Air Authority re: Proposed 2004
Budget; Planning Assignments Pending as of the Week of June 3, 2003; 5/28/03 Letter from
Yakima County re: open houses scheduled to obtain public comments on potential jail sites;
and Article from January 4, 1976 Yakima Herald-Republic, “Congdon’s Hobby – Yakima
20. Public hearing to consider the Hearing Examiner’s recommendation to
vacate that portion of Maple Street lying easterly of S. 13th Street and
westerly of the freeway and that portion of S. 15th Street lying southerly of
Maple Street and northerly of Beech Street, for the Kiwanis Park
Bruce Benson, Senior Planner, referred to the map that graphically displays the area
of the vacation as well as the City property that will be utilized in the expansion of
Kiwanis Park noting that no property owner will be denied access to their property. A
public hearing was held on March 26, 2003 before the Hearing Examiner who
recommended approval. He indicated that, even though right-of-way vacations are
generally exempt from SEPA review, but because we were doing a SEPA review for
the Class 2 application concerning the expansion of Kiwanis Park, he recommended
that we complete that SEPA review as well as the Class 2 review before going forward
on this issue. That has been done. A DNS was issued on the park expansion on
April 1st and lapsed with no appeals on April 16th. On May 6th the decision on the park
was issued and that appeal period lapsed on May 20th. The result of first open record
hearing was the Hearing Examiner’s recommendation. The Council is now being
asked to conduct a public hearing on this issue. Staff recommends acceptance of the
petition and acceptance of the Hearing Examiner’s recommendation.
Mayor Place opened the public hearing.
No one came forward to speak to the
Mayor Place closed the public hearing.
PUCCINELLI MOVED AND MATTSON SECONDED TO ACCEPT THE HEARING
EXAMINER’S RECOMMENDATION. The motion carried by unanimous roll call vote.
21. Executive Session regarding prospective litigation and collective
bargaining (approximately 30 minutes)
BUCHANAN MOVED AND MATTSON SECONDED TO ADJOURN TO EXECUTIVE
SESSION FOR 30 MINUTES TO BE FOLLOWED BY ADJOURNMENT
The motion carried by unanimous voice vote.
Following executive session, the meeting adjourned 3:52 p.m.
READ AND CERTIFIED ACCURATE BY:_______________________________________
COUNCIL MEMBER DATE
COUNCIL MEMBER DATE
CITY CLERK MARY PLACE, MAYOR
Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk’s
A Council packet is available for review at the City Clerk’s Office, Library, and Police Dept.
THE NEXT COUNCIL BUSINESS MEETING IS JUNE 24, 2003