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							                                   YAKIMA CITY COUNCIL
                                    BUSINESS MEETING
                                       JULY 7, 2009
                           COUNCIL CHAMBERS – YAKIMA CITY HALL

                            5:00 P.M. – EXECUTIVE SESSION

1.       Roll Call

2.       Executive Session:
            Collective Bargaining
            Pending Litigation

                            6:00 P.M. – BUSINESS MEETING

1.       Roll Call

2.       Invocation/Pledge of Allegiance – Assistant Mayor Micah Cawley

3.       Open Discussion for the Good of the Order
         A. Proclamations
         B. Presentations / recognitions / introductions
             Introduction of Community and Economic Development Department interns
             Report from Citizens for a Safe Community regarding status of work activities
         C. Status report on prior meeting’s citizen service requests
             Report from Parking Commission regarding parking time limitations in front of
               Chestnut Manor apartments
         D. Appointments to Boards, Commissions and Council Committees (See memo from
             City Clerk regarding vacancies)
           Presentation by Alex Conley, Yakima Basin Fish and Wildlife Recovery Board

4.       Consent agenda
         *All items listed with an asterisk (*) are considered routine by the City Council and will be
         enacted by one motion without discussion. A citizen may request Council to remove an
         item from the Consent Agenda, and if approved, it will be considered in its normal
         sequence on the Agenda.

         *A. Consideration of approval of Council Minutes
               Business Meeting – June 2 and June 16, 2009
               Adjourned Meeting – June 9, 2009
         *B. Consideration of approval of Council Committee Meeting Minutes
              Budget Committee – June 1 and June 10, 2009
              Public Safety Committee – June 4, 2009
              Neighborhood Development Committee – June 10, 2009
              Downtown Yakima Futures Initiative Committee – June11, 2009
              Transit and Transportation Committee – June 17, 2009
              Arts Task Force – June 22, 2009
 5.    Audience Participation - Community members are invited to address items that are not
       listed on the regular business meeting agenda. A guideline of three (3) minutes per
       speaker is in place in order to allow as much opportunity as possible for audience
       participation. A speaker’s time may be extended at the discretion of the Mayor and/or the
       consensus or vote of the Council. Written communication and e-mail messages are
       strongly encouraged.

                                7:00 P.M. – PUBLIC HEARINGS

 6.    Closed record public hearing to consider final plat approval for Washington Heights
       Phase 1

 7.    Closed Record public hearing on an appeal of the Hearing Examiner’s decision regarding
       an administrative adjustment request from Howard Huit

                                  CITY MANAGER'S REPORTS

 8.    Consideration of a Resolution approving the expenditure of $15,000 to install a donated
       public art piece at the intersection of Front Street and ―A‖ Street

 9.    Consideration of first quarter finance reports:
       *A. Accounts Receivable report
        B. Revenue and Expenditures report/update through May 31, 2009
       *C. Treasury report

*10.   Consideration of a Resolution authorizing execution of Supplement #6 of a professional
       services contract with Berger/ABAM Engineers, Inc., for project management and
       inspection services for the construction of the Lincoln Avenue railroad grade separation
       project

*11.   Consideration of a Resolution authorizing execution of a local agency standard consultant
       agreement with Cascade Project Management, PLLC, to perform the duties of owner’s
       representative for the construction of the Lincoln Avenue railroad grade separation project

*12.   Consideration of a Resolution declaring certain vehicles to be surplus to the needs of the
       City of Yakima and the Police Department and authorizing sale of these vehicles by
       whatever means determined appropriate by the City Manager

*13.   Consideration of a Resolution authorizing execution of a professional services contract
       with Central Washington Occupational Medicine for drug and alcohol testing and
       physical examination services

*14.   Consideration of a Resolution authorizing sole source procurement with RTC
       Manufacturing Inc. for the purchase of school zone solar safety flashers

*15.   Consideration of a Resolution authorizing execution of Supplement No. 1 of the
       professional services contract with PLSA Engineering and Surveying for surveying
       services required for the 16th Avenue and Washington Avenue intersection improvements
       project



                                                2
*16.    Consideration of a Resolution authorizing execution of an operating agreement with the
        Capitol Theatre Committee

*17.    Set Date of Public Meeting for July 21, 2009 to consider an application for a law
        enforcement grant from the U.S. Department of Justice, Bureau of Justice Assistance
        under the Edward Byrne Memorial Justice Assistance Grant program and authorizing
        corresponding interlocal agreement with Yakima County

*18.    Set Date of Public Hearing for July 21, 2009 to consider:
        A. Adoption of the Six-year Transportation Improvement Program for 2010 to 2015 and
            to amend the Metropolitan Transportation Plan
        B. Amend the Yakima Urban Area Comprehensive Plan capital facilities element

                                             ORDINANCES

*19.    Consideration of an Ordinance adopting standards for the delivery of public defense
        services to qualify for grant funds

*20.    Consideration of an Ordinance relating to public safety; adding a new chapter 6.27 to the
        Yakima Municipal Code, entitled ―Shopping Cart Regulations‖

*21.    Consideration of an ordinance relating to Police Chief-limited commissions; consolidating
        limited commissions; adding a limited commission for Title 15 of the Yakima Municipal
        Code; repealing Section 10.01.030; repealing Section 11.01.030; and adding Section
        1.48.026 to the Yakima Municipal Code

*22.    Consideration of an Ordinance related to stormwater illicit discharge – creating a new
        Chapter 7.85

*23.    Consideration of an Ordinance providing for the issuance of limited tax General
        Obligation bonds not to exceed $8 million to finance the expansion, improvement and
        rehabilitation of the Capitol Theatre

24.     Other Business

25.     Adjournment to July 21, 2009 at 12:00 noon for a working lunch meeting with the Parks
        and Recreation Commission at the Harman Center


A Council packet is available for review at the City Clerk’s Office, Library, and Police Dept. An abbreviated
packet is also available on-line at www.ci.yakima.wa.us under Quick Picks. THE NEXT COUNCIL
BUSINESS MEETING IS JULY 21, 2009 AT 6:00 P.M.
                                              **********




                                                     3
ITEM 3C

                                       MEMORANDUM

                                          July 2, 2009

TO:            The Honorable Mayor and Members of the City Council
               Dick Zais, City Manager

FROM:                 Dave Zabell, Assistant City Manager

RE:            Parking near Chestnut Manor Apartments

Concerns from residents living in the Chestnut Manor Apartment building regarding a pending
change in hours allowed for on-street parking in the vicinity of 4th Street and Chestnut Avenue
were brought to the City Council’s attention at the June 2, 2009 meeting. The change in parking
hours within the Downtown core were previously recommended by the Downtown Parking
Commission and subsequently adopted by the City Council. The major concerns expressed
were that Chestnut Manor apartments has no off-street parking, private or public parking would
be overly burdensome to residents, and the distance to other parking opportunities could also be
a burden.

The City Council remanded the matter to the Downtown Parking Commission for a
recommendation. The Downtown Parking Commission met on June 30 to consider these
concerns and develop a recommendation to the City Council. Public Works Director Chris
Waarvick was in attendance at the Commission’s meeting.

The Parking Commission considered the concerns raised, and along with the other factors
leading to their initial recommendation and specific to the Chestnut Manor Apartments ultimately
determining to maintain their original recommendation to Council. In reaching their conclusion,
the Commissioners visited the site and considered the following:

       The current and soon to be implemented Parking Ordinance does not allow moving to a
        new space each time the limited interval runs out within the area covered by the
        ordinance. Hence, concerns that moving a car every two or three hours as opposed to
        doing so on an hourly basis as being burdensome was not considered valid.

       The Commission expressed concern that an allowance here would potentially lead to
        more allowances and defeat the purpose of the parking ordinance, that being to promote
        turnover.

       There are private and public lots available for long-term parking needs. Federally
        subsidized housing such as Chestnut Manor is eligible to include parking costs within the
        subsidy payment.

       The development regulations relating to downtown residential development should
        require that residential projects provide for parking.




                                                4
During audience participation, the City Council heard that some of the residents may have
difficulty walking to and from an offsite parking facility due to the distance involved. There are
two on-street disabled spaces near the Chestnut Manor Apartments; one on 4 th Street to the
North of the property, and one on Chestnut across the street from the property. City Legal has
determined that at present, unless other provisions are made, time limits for on-street disabled
spaces would be as signed for adjacent on-street spaces. Also, at this time there has been no
assessment made as to whether the number of existing disabled spaces is adequate to meet the
needs of the residents, businesses, and patrons utilizing on-street parking in this area.
There appears to be some flexibility with respect to the disabled parking spaces that may
address some concerns specific to on-street parking users possessing a valid disabled parking
placard. Staff will be prepared to discuss options.


ITEM 3D
                                      MEMORANDUM

                                          June 10, 2009
TO:            Mayor and Members of the City Council
               Dick Zais, City Manager
FROM:                 Deborah Moore, City Clerk
SUBJECT:       Council appointees to other Boards, Committees, Commissions and Task Forces

City staff has received several inquiries from outside agencies regarding the status of Council
member appointments to fill current vacancies on various boards, committees, commissions
and task forces that have occurred as a result of Neil McClure’s resignation.
Attached is a list of the agencies with outstanding vacancies that need Council member
appointees. Please advise me of the name of the Council member that will fill each of these
vacancies and we will notify the appropriate agency. Thank you for your cooperation.

                 Yakima City Council Appointees to
      Other Boards, Committees, Commissions, Task Forces, etc.

Performance Audit Task Force                                As needed               Kathy Coffey (Co-Chair)
                                                                                    Bill Lover
                                                                                    Vacancy

Aquatic Center Task Force                                   As needed               Dave Edler
                                                                                    Kathy Coffey
                                                                                    Micah Cawley
                                                                                    Alt: Vacancy
                                                              th
Yakima Air Terminal Board                                   4 Thurs 7:30 am         Dave Edler
                                                                        rd
                                                            (Nov/Dec - 3 Thurs)     Alt: Bill Lover
                                                            Flightdeck Conf. Room

Regional Public Safety Data Access Task Force               As needed               Bill Lover
                                                                                    Rick Ensey


                                                5
Regional Stormwater Policy Group                     As needed                Vacancy (Chair)
                                                                              Bill Lover
                                                      nd
Westside Merchants Association                       2 Mon 5:00 pm            Dave Edler
                                                     Picatti Bros.            Alt: Vacancy

Front Street Merchants                               As needed                Vacancy
                                                                              Alt: Kathy Coffey
                                                      st
Committee for Downtown Yakima (ex-officio member)    1 Wed 4:00 pm            Vacancy
                                                     CDY Office

Downtown Parking Commission                          TBD                      Bill Lover
                                                                  th
Yakima Valley Visitors and Convention                Bimonthly 4 Wed Noon     Sonia Rodriguez
Board of Directors                                   Convention Center        Alt: Kathy Coffey

Public Facilities District (ex-officio member)       Last Thur. of month      Dave Edler
                                                     Convention Center        Alt: Kathy Coffey
                                                      nd
Sports Commission Subcommittee                       2 Wed 7:15 am            Rick Ensey
                                                     Convention Center        Alt: Bill Lover

Hotel/Motel Commission/TPA                           Varies                   Kathy Coffey
                                                                              Alt: Dave Edler
7/13/2010
Lodging Tax Advisory Committee                       As needed                Kathy Coffey
                                                      th
Capitol Theatre Board                                4 Mon 12:00 pm           Kathy Coffey
                                                     Capitol Theatre

Harman Center Board                                  Varies                   Micah Cawley
                                                                              Bill Lover

SunDome Advisory Committee                           As needed                Dave Edler
                                                                              Vacancy

Yakima Greenway Foundation                           4th Mon                  Vacancy
                                                     Greenway Visitors Ctr.   Alt: Rick Ensey
                                                      nd
YCDA Board of Directors                              2 Thurs 5:30 pm          Vacancy
                                                     YCDA/New Vision

Supporting Investments in                            Quarterly                Bill Lover
Economic Diversification Board (SIED)                New Vision

Commercial Revitalization Deduction Board            Varies                   Bill Lover
                                                      st
Morelia Sister City Committee                        1 Fri 8:00 am            Sonia Rodriguez
                                                     CED Conf. Room           Alt: Dave Edler
                                                      nd
Police Athletic League                               2 Wed 1:30 pm            Kathy Coffey
                                                     PAL Center               Alt: Vacancy


                                                 6
Yakima Valley Community Foundation                              Annually                Dave Edler
Community Advisory Committee

Customer Service Committee                                      As needed               Bill Lover
(City/County/New Vision)

TRANS-Action                                                    4th Wed 2:00 pm         Dave Edler
                                                                (Jan., Mar., May        Vacancy
                                                                Sep., Oct., Dec.)       Alt: Kathy Coffey
                                                                    rd
Yakima Valley Conference                                        3 Wed 6:30 pm           Rick Ensey
of Governments (YVCOG)                                          6 times per year        Alt: Bill Lover
General Membership                                              (Jan., Mar., May .
                                                                Sep., Oct., Dec.)

                                                                    rd
Yakima Valley Conference                                        3 Mon 1:30 pm           Rick Ensey
of Governments (YVCOG)                                          County Courthouse       Alt: Bill Lover
Executive Board
                                                                    nd
Yakima Clean Air Agency Board                                   2 Thur 1:30 pm          Bill Lover
                                                                County Meeting Room     Alt: Vacancy

Joint Board for Urban Area Planning                             As needed               Dave Edler
(Mandated by 4-Party Agreement)                                                         Vacancy
                                                                                        Alt: Bill Lover

Local Emergency Planning Committee                              As needed               Dave Edler
(Directed by Congressional action in 1986)

Yakima Basin Fish & Wildlife Planning Board                     Varies                  Vacancy
(Dave Brown is also on the board)                                                       Alt: Micah Cawley
Yakima County Solid Waste Advisory Committee                    As needed               Bill Lover

Yakima Basin Joint Board                                        Last Fri 9:00 am        Bill Lover
                                                                (Except Nov/Dec)
                                                                Halverson & Applegate

Yakima Basin Water Resource Agency                              Monthly                 Bill Lover
(Includes Dave Brown)                                           Varies                  Alt: Vacancy


ITEM 4*B
                             Yakima City Council Committee Meeting
                                      Council Budget Committee
                                    CED Conference Room (2nd floor)
                                               City Hall

                                             Monday, June 1, 2009
                                               4:00 – 5:30 p.m.
                                             Meeting Minutes
Attendance:      Council Members: Micah Cawley, Kathy Coffey, Maureen Adkison


                                                      7
              Staff: Dick Zais, Dave Zabell, Rita DeBord, Randy Beehler, Cindy Epperson,
              Robin Dukart
              Public: Lynne Kittelson, Bill Duer
Discussion:

    City Manager, Dick Zais summarized the Memo issued April 3, 2009 on the 2009 Mid-
     Year Administrative Budget Reductions stating there will likely be additional savings due
     to the lowered state/city PERS requirements and utility tax revenues are indicating an
     increase. However, sales tax revenues continue to decline. Dave Zabell reported jail
     costs are still an unknown; the Judge is reviewing acceptable indigent public defense
     issues and related modification of contracts.

    The Committee discussed the ―City–County Budget Comparison‖ prepared by staff.
     Committee directed staff to draft policies and submit to Committee for review. (Finance
     staff advised they would work on drafting policies as soon as financial statements are
     complete – would strive to have drafts within 30 days.)

Next Meeting: Wednesday, June 10, 2009 at 3:30 – 5:00
                   CED Conference Room (City Hall, 2nd floor)
                   Working Session for Committee; Randy Beehler to facilitate.

Approved by Micah Cawley, Committee Chair

                                         ********
                    Yakima City Council Committee Meeting
                         Council Budget Committee
                             CED Conference Room (2 nd floor)
                                       City Hall

                                 Wednesday, June 10, 2009
                                     4:00 – 5:30 p.m.

                                      Meeting Minutes

Attendance:   Council Members: Micah Cawley, Kathy Coffey, Maureen Adkison, Bill Lover
              (alternate)
              Staff: Dick Zais, Rita DeBord, Randy Beehler
              Public: Lynne Kittelson

Discussion:
   Discussion and of the City’s ―Priorities of Government‖ process interpretation and
   expectations. The Committee studied and modified the working chart prepared by staff to
   assist the Committee in establishing the Budget Priorities and displaying the flow of the
   allocation of Budget $$ for the priorities down to the individual service unit level.
Consensus:
   a) Agreed on Budget Priorities (see attached)
   b) Agreed on service units under each Budget Priority (see attached)



                                               8
    c) Council will allocate total $$ to each Budget Priority; then City Manager, Staff will
        prepare budget, by service units, within authorized allocation amount and submit to
        Council for review.
Action Items Outstanding:
    a) Define Priorities of Government (CBC)
    b) Draft Budget Policies for CBC review (Staff): Target date 7/16/09
    c) Provide guidance to staff regarding any service units deemed to be a top priority by
        Council. (ex: pools and Fisher Golf Course)

Next Meeting: Thursday, July 16, 2009 at 3:30 – 5:00 p.m.
                    CED Conference Room (City Hall, 2nd floor)

Approved by Micah Cawley, Committee Chair

                                       ***********

                   Council Public Safety Committee
                             CED Conference Room
                                   City Hall

June 4, 2009

                                      MINUTES

Council Members Present: Maureen Adkison, Dave Edler and Sonia Rodriguez

Staff Present: City Manager Dick Zais, Fire Chief Charlie Hines, Police Chief Sam Granato,
Police Captain Jeff Schneider, Refuse Manager Nancy Fortier, Assistant City Attorney Cynthia
Martinez, Assistant City Attorney Anna McFaul, James Scott – Refuse, Archie Matthews -
ONDS, Police Administrative Assistant Terri Greer

Others present: Jack Maras, Central Washington Comprehensive Mental Health

The meeting was called to order by Edler at 2:00 p.m.

I.     Selection of Committee Chair

Edler nominated Adkison for committee chair, Rodriguez seconded the nomination. Adkison
unanimously selected as committee chair.

II.    Crisis Intervention Team

Jack Maras gave an overview of the Crisis Intervention Program. This program is used to divert
non-violent mentally ill offenders out of the jail system and into a treatment program. The
program is currently being funded by a SAMHSA grant, however that funding ends on July 1,
2009. CWCMH is requesting funding from the City to continue the program. Edler is in support
of the program and moved to make a recommendation to the full council in support of the
funding request. Zais advised that this needs to be done through the outside agency funding
request process during the budget process, and recommended this issue be referred back to
staff for further research.


                                              9
It has not been decided at this time if the program will end when the funding ends in July.

III.   Shopping Carts ordinance

Fortier advised that abandoned shopping carts have become a problem in several areas. The
carts block traffic, alleys, etc. and pose a hazard. Most stores are voluntarily compliant with
retrieving their carts, however there are others that are not and that is the reason for the
proposed legislation. Edler asked if other communities have implemented similar legislation,
and Fortier advised several other cities have. The full ordinance was not produced in the agenda
packet, however, it was moved by Edler and seconded by Adkison to forward the ordinance to
the full council with a recommendation for approval. Motion passed unanimously.

IV.    Avoidance of Intersections

Martinez advised that this legislation was drafted after a discussion with Sgt. Gary Jones, who
receives complaints regarding motorists avoiding intersections by cutting through private parking
lots or driveways. This ordinance is based on the Kent Municipal Code ordinance and many
cities have similar ordinances.

It was moved by Rodriguez and seconded by Edler to move the item to the full council with a
recommendation for approval. Motion passed unanimously.

V.     Graffiti Issues

Zais introduced this item as the result of a Council study session in 2008, during which time a
list of projects, issues and recommendations was compiled. That list was divided among
Council committees to research and report on enacting the recommendations. The
Neighborhood Development Committee is ready to forward their report to the full Council,
however, due to changes on the Public Safety Committee and several cancelled meetings, this
committee has not been able to review the recommendations.

Granato provided a report on several different strategies that are being used with success in
other communities. He advised that the police are in a difficult position where they are expected
to catch ―taggers‖ and gang members who perpetrate graffiti crimes, however the perpetrators
are difficult to catch and prosecute. The police department’s Pro Active unit has done
enforcement of the graffiti implement ordinance in local businesses, but Union Gap and Selah
do not have similar ordinances, making it easy for taggers to get graffiti implements by going to
those two cities. The police department has purchased several new graffiti cameras and graffiti
stops in locations where the cameras are installed. Additionally, there is a company that will
identify, upload and track graffiti crime, and can link cases together for prosecution.

Matthews advised that his division spends approximately $90,000 - $95,000 to paint out graffiti.
They utilize donated paint and primarily volunteer labor, but do not have enough full time
employees to supervise the volunteers.

Rodriguez asked if a graffiti hotline could be implemented. Granato advised that he would be
approaching Crimestoppers to see if they could provide hotline support. This would require a
change to the Crimestoppers charter, as their charter only allow them to provide rewards for
felony crimes.



                                               10
Martinez provided a review of the three areas of the municipal code that deal with graffiti:
restrictions on the sale of graffiti implements; removal of graffiti by convicted offenders, which is
not enforced for the most part; and property owner’s responsibility to remove graffiti on their
property. The only recommended change to the code would be to create minimum mandatory
penalties for graffiti in school zones. The committee advised they would like to see legislation on
that recommendation. Edler will approach the mayor of Selah and Union Gap to encourage
them to adopt legislation restricting the sale of graffiti implements similar to the Yakima
ordinance.

       VI.      Animal Husbandry

Martinez provided a brief history of this issue, advising that due to the annexation of rural areas,
some provisions were made to ―grandfather‖ in these areas to allow raising and slaughtering of
livestock with limited exceptions. This was not included in the Urban Area Zoning Ordinance
update. This legislation is a housekeeping measure to update the UAZO. It was moved by
Edler and seconded by Rodriguez to forward the legislation to the full council with a
recommendation for approval. Motion passed unanimously.

VII.         Other Business

Edler briefed the new committee members on his philosophy for the committee, that being to
discuss and vet public safety issues and move those forward to the Council. He expressed his
disappointment in how prior members of the committee had not supported issues that had been
discussed in committee when they were brought to the full council. Some of these issues, such
as the firefighter/paramedic program, were part of a long-term strategic plan of the fire
department that had come out of the committee. Edler would like to strategize at a future
meeting the strategic plan for public safety and how to move that forward. Rodriguez feels that
meeting ―as needed‖ will not help the committee deal with these issues and feels a regular
meeting schedule needs to be set.

VIII.        Adjournment

The meeting was adjourned at 3:45.

Approved by Maureen Adkison, Committee Chair

                                           *********
                                         City of Yakima
                                    Neighborhood Development
                                     City Council Committee

                                     Regular Business Meeting
                                     Wednesday, June 10, 2009

Council Members present: Bill Lover
Staff Present: Dave Zabell, Bill Cook and Archie Matthews
Guests Present: Luz Gutierrez

       1. Update on ONDS current projects and programs



                                                 11
       ONDS gave a year to date update on the Graffiti Program, the project at 201 South 8th
       Street project, Marvin Gardens, the project at 110 South 8th Street, the Senior/Disabled
       Home Repair program, Affirmative Housing program, Code Compliance program, Down
       Payment Assistance program, and the Illegal Dump program.

Other Business
       Luz Gutierrez gave an update on Business Assistance and the Youth Financial Fitness
      Program.


Approved by Bill Lover, Committee Chair

                                        **********

                                     Meeting Minutes
                        For Downtown Yakima Futures Initiative (DYFI)
                               Committee of the City Council
                              Thursday, June 11, 2009 Meeting

Council Committee Members present:                 Kathy Coffey
                                                   Rick Ensey
                                                   Maureen Adkison
                                                   Sonia Rodriguez (Alternate)
City Staff Members present:                        Chris Waarvick
                                                   Bill Cook
                                                   Bob Degrosellier
Invited Guests:                                    Matt Klaus, CDY
                                                   Dan Kelleher, CDY
                                                   John Cooper, Convention Center

The first item of business was selection of a Chairperson; Kathy Coffey was elected to chair the
DYFI Council Committee.

Matt Klaus from CDY discussed issues related to the second topic, which was Phase 3 remaining
landscaping activities. A number of dirt-bare corners have been addressed on North 2nd Street, and
the City has contacted the contractor to replace five (5) street trees for warranty replacement. CDY
reported that the new irrigation system appeared to be working well.

Bill Cook addressed the third topic which was Phase 4 funding status. The State Legislature
allocated $1 Million toward Phase 4 DYFI improvements. Bill recommended that some time be
allowed to see if additional funding from the federal government would occur. The Committee was
interested in seeing what the costs for design would be for City-only elements and the Convention
Center realignment of North 8th Street. Committee Chairman Coffey acknowledged that the
Convention Center was an early project ingredient that has yet to be completed. Chairperson Coffey
discussed Item 4 which was a North 1st Street business improvement update describing the clean
up that has been recently done. Bylaws are completed and the 501(c)(3) designation is being
worked on.
Other Business



                                              12
Bill Cook talked about the proposed art work at Front and ―A‖ Street. Chris Waarvick talked about
the public parking recommendations and implementation therein.
Finally, Chairperson Coffey asked about the process for banner approval; the across-the-street
location and small vertical banners on banner poles. Bill Cook responded that Codes issue the
permits for the large across-the-street banners, and Chris Waarvick responded that a similar
process for small banner management was a project that CDY had not fully engaged since the
leaving of the previous director. Dan Kelleher offered to pick up that topic once again.


Approved by Kathy Coffey, Committee Chair

                                        **********


                                         Minutes of
                  Yakima City Council Transit and Transportation Committee

                                       Yakima City Hall
                                     nd
                                CED 2 Floor Conference Room
                                  Wednesday, June 17, 2009
                                       4:00 – 5:30 p.m.

Council Committee Members present:                 Micah Cawley
                                                   Rick Ensey
                                                   Bill Lover (Alternate)
City Staff Members present:                        Dave Zabell
                                                   Chris Waarvick
                                                   Bill Cook
                                                   Doug Mayo
                                                   Bob Degrosellier
                                                   Ken Mehin
                                                   Joe Rosenlund
Invited Guests present:

The first item of business was the election of Council Member Micah Cawley as the new Chair
by fellow Council Members Rick Ensey and Bill Lover. Ken Mehin reviewed the list of
information items including transit service to Pacific Northwest University of Health Sciences,
DAR Agreement renewal, Free-Ride Saturday for the summer, and 4th of July shuttle service.

Chair Cawley asked if normal service to the Central Washington State Fair was to be offered this
year. Ken Mehin responded to the affirmative and would be the same as last year with one park
and ride location at Target.

Joe Rosenlund, Street Manager, then talked about the ―four to three-lane‖ street conversion
activities slated for this summer. The two road segments are Summitview Avenue from 72 nd to
96th, and 56th Avenue from Summitview north to Lincoln, reducing the lanes from four to three
with a center-turn lane, improving safety and operational activities of the street segments. The
Council Committee voted to endorse this operational change and requested an information item
be forwarded to Council in the near future.


                                              13
Approved by Micah Cawley
                                        ***********

                       Yakima City Council Arts Task Force
                              Minutes from the meeting of
                                    Monday, June 22, 2009

Present: Kathy Coffey, Bill Cook, Joan Davenport, John Baule, Elizabeth Miller, Jessica
Moskwa, Nöel Moxley, Gay Parker
Agenda: Recommendation regarding donated art piece
Background: At their regular business meeting on June 16, 2009, the Yakima City Council
considered a resolution to approve the installation of a donated public art piece (a granite
sculpture) at the intersection of Front Street and “A” Street. The resolution had been previously
recommended for approval by the Council Ad Hoc Arts Committee. During the discussion at the
Council meeting, Carl Pasten, a member of the North Front Street Improvement Association and
a Historic Preservation Commissioner, requested the involvement of the Historic Preservation
Commission in the decision process. As a result of his request, the art piece will be discussed
at the June 24 meeting of the Historic Preservation Commission. Also during discussion at the
June 16th Council meeting, Brooke Creswell of the Yakima Arts Giving Circle requested review
of the art piece by the Yakima City Council Arts Task Force.
Arts Task Force June 22nd discussion regarding the second piece of public art to be
donated to the City of Yakima by the Yakima Arts Giving Circle:
The Task Force was brought up to date on the process thus far. Bill Cook reported that his
recent research, done in part with assistance from Michael Sullivan of Artifacts Architectural
Consulting, indicates that it is appropriate for a historic preservation commission to review and
comment on the process of placing public art in a historic district. Joan Davenport spoke briefly
about the Department of Interior Standards for Rehabilitation. It was noted that the landscaping
that surrounds the proposed sculpture location is on land owned by BNSF. Bill Cook suggested
that it would be worth inquiring if CDY (Committee for Downtown Yakima) could take over the
landscaping duties at the site.
Everyone agreed that the process to place public art should include a variety of ways for the
public to provide input. The donation of a second piece of art highlights the need for Yakima to
adopt a standard “public art process.” John Baule will work on a draft to be considered at the
next task force meeting. In regard to the current donation, the task force makes the following
recommendation to the City Council:
“The Yakima City Council Arts Task Force is delighted that another piece of public art has been
gifted to the city. We look forward to furthering the collaboration between the City of Yakima
and the Yakima Arts Giving Circle in completion of the final steps in design and installation of
this sculpture.”
The next meeting of the Arts Task Force is scheduled for Wednesday, July 22, 10:30 a.m., in
the CED Conference Room.
Approved by Kathy Coffey, Chair




                                               14
ITEM NO. 6

ITEM TITLE: ―Closed Record‖ public hearing to consider the final plat of Washington Heights
            Phase 1

SUBMITTED BY: William R. Cook, Director of Community & Economic Development

CONTACT PERSON/TELEPHONE: Kevin Futrell, Associate Planner, 575-6164

SUMMARY EXPLANATION:
On July 15, 2008, the Yakima City Council approved the preliminary plat of Washington Heights
Phase 1, subject to conditions. This long plat subdivides approximately 11 acres of R-1 zoned
property into 24 lots. Those conditions have been fulfilled and the applicant is now asking for
final plat approval.

The Engineering Division has reviewed the plans and designs for all required improvements. In
affirmation of this fact, the City Engineer has signed the plat.

The Planning Division has likewise reviewed the final plat and finds it to be in substantial
conformance with the terms and conditions of the preliminary approval. The Subdivision
Administrator has also signed the plat.

YMC 14.20.210 sets for the following process for final plat approval:
  A. Upon receipt of a proposed final plat, the City Council shall, at its next public meeting, set
     a date for consideration of the final plat. Notice of the date, time, and location of the
     public meeting shall be given to the subdivision applicant, Surveyor, City Engineer, Office
     of Environmental Planning, and the Yakima County Health Officer at least four days prior
     to the date of the public meeting.

  B. The City Council shall review the final plat during the public meeting and shall approve
     the final plat if the Council determines that the final plat conforms to the conditions of
     Preliminary plat approval and applicable state laws.

  C. Upon approving any final plat, the City Council shall authorize the Mayor to sign the final
     plat as evidence of City Council approval. (Ord. 98-65 2 (part), 10998)

STAFF RECOMMENDATION: Staff recommends Council’s approval of the final plat for
Washington Heights Phase 1, together with the adoption of the accompanying resolution that
will authorize the Mayor to sign the plat.

BOARD/COMMISSION RECOMMENDATION: City Council approved the preliminary plat of
Washington Heights Phase 1 on July 15, 2008, subject to conditions.


ITEM NO. 7

ITEM TITLE: Closed Record Public Hearing on appeal of the Hearing Examiner’s Decision
            regarding the Huit Administrative Adjustment request.

SUBMITTED BY: William R. Cook, Director of Community Economic Development


                                                15
CONTACT PERSON / TELEPHONE: Vaughn McBride, Associate Planner, 575-6315

SUMMARY EXPLANATION:
Howard Huit appealed the City of Yakima Hearing Examiner’s decision to deny a request to
adjust the rear yard setback standard by 73% in the R-3 zoning district at 1004 N. 34th Avenue
#7. The requested adjustment of the 15-foot minimum standard would have resulted in a rear
yard setback of 4 feet. The Hearing Examiner issued a decision on April 23, 2009 on File
#Appeal 3-08 affirming the Administrative Official’s denial of this request (File Adm. Adj. #29-
08), dated January 22, 2009. The Applicant submitted an appeal of the Hearing Examiner’s
Decision on May 11, 2009.

STAFF RECOMMENDATION: Staff recommends that Council review the record, consider the
testimony and either 1) adopt, 2) amend and adopt, 3) reject, 4) reverse, 5) amend and reverse
the findings, conclusions, and decision of the hearing examiner, or 6) remand the matter for
further consideration.

BOARD / COMMISSION RECOMMENDATION: The Hearing Examiner issued his decision on
April 23, 2009 to affirm the Administrative Official’s denial of January 22, 2009 of the
Administrative Adjustment request.


ITEM NO. 8

ITEM TITLE: A Resolution approving the expenditure of up to $15,000 from the CBD
            Business and Capital Improvement Fund 321 to install a donated public
            art piece at the intersection of Front Street and ―A‖ Street.

SUBMITTED BY: William R. Cook, Director of Community and Economic Development

CONTACT PERSON/TELEPHONE: Bill Cook, 575-6113

SUMMARY EXPLANATION:
This item was continued from the June 16, 2009 City Council meeting. At the June 16 th
meeting, testimony from one of the property owners in the Old North Yakima Historic District
expressed concern about the proposed art within the Historic District and noted that the Yakima
Historic Preservation Commission had not been given a chance to review the artwork
placement.

Council action on this item was deferred to July 7 th meeting in order to provide the Historic
Preservation Commission an opportunity to review the proposal. The Historic Preservation
Commission met on June 24th and after discussion commented in a split vote (5-2) ―The
proposed artwork is not in keeping with the Historic District and should be located elsewhere in
downtown Yakima‖. The Historic Preservation Commission praised the work of the Giving
Circle. The Historic Preservation Commission did not cite specific qualities or standards which
were inconsistent with the Historic District.

The Yakima Council Ad Hoc Arts Committee was established to provide recommendations
regarding public art and related matters. On June 3, 2009 the Council Ad Hoc Committee




                                              16
(Coffey and Lover, Rodriguez absent) met with members of the Arts Giving Circle and city staff
to review this proposal. They voted to send a resolution to the full City Council to accept the art.

The City Council also established a citizen arts advisory committee (12/08), the ―Arts Task
Force.‖     At their June 22nd meeting, this advisory committee made the following
recommendation: ―The Yakima City Council Arts Task Force is delighted that another piece of
public art has been gifted to the city. We look forward to furthering the collaboration between
the City of Yakima and the Yakima Arts Giving Circle in completion of the final steps in design
and installation of this sculpture.‖ The minutes from this meeting are attached.

Prior to the review of the artwork by the Historic Preservation Commission, staff requested
written guidelines for the Commission to use in their review from Michael Sullivan, a professional
Historic Preservationist who has previously advised the City of Yakima on the various matters of
related to our city ordinance and the Barge-Chestnut Historic District and other related matters.
His letter was shared with the Historic Preservation Commission and is attached. In summary,
he noted that it is very common for cities to place contemporary art in historic districts and this
piece may be regarded as meeting the applicable standards.

The Yakima Arts Giving Circle (YAGC) commissioned this second piece of public art to donate
to the City of Yakima. After a nationwide request for proposals, they selected Bremerton
sculptor Will Robinson to create a work in granite designed to occupy the bump out at the
intersection of Front and ―A‖ Streets. The sculpture will consist of three intertwined carved
granite stones of varying color and will sit on a granite slab. The structure will be approximately
eight feet in height. The artist provided this statement describing the intent of the piece:

―I saw the area as needing something of scale, a work that would hopefully draw people to it.
Physically the piece will be alternately smooth and rough asking to be touched. The circular
shapes could evoke visual remembrances of railroad steam engines... or alternately coils of vine-
like shapes. I would imagine different people will imagine different things‖
The YAGC project proposal requested a piece of art that would be compatible with its
environment, but did not require that the piece be historic in style or content. Also, they desired
a work that will fit with the general theme of light, a major component of the artistic and
architectural revitalization of Yakima’s urban core and a natural feature of the Yakima
environment. Although electricity is not immediately available to the site, the Council Ad Hoc
Arts Committee and the YAGC prefer that the sculpture be lit, either upon installation or as soon
after as possible thereafter. The artist will design the base of the piece so that lighting can be
added on site either during or after installation.

A letter of support for the proposed artwork from the North Front Street Improvement
Association (NFSIA), along with meeting minutes from a July 9, 2008, NFSIA meeting
approving the placement of a sculpture in this location. The Committee for Downtown Yakima
met on July 1, 2009 and endorsed the artwork in its proposed location.
The Millennium Arts Foundation has committed to the long term maintenance and repair of the
sculpture. A letter that details the Millennium Arts Foundation’s process to offer this
commitment to the project is attached.

Artist Will Robinson expects the sculpture to be complete and ready to be installed at the
intersection of North Front Street and ―A‖ Street in October 2009. Based on conversations with
area contractors, it is estimated that the total cost to the City to prepare the site for the sculpture
will be approximately $15,000, including the cost to bring electricity to the site and connect to
the sculpture. The funds to cover the cost of the construction and placement of the sculpture


                                                  17
will come from the CBD Business and Capital Improvement Fund 321. Approval of the attached
resolution would authorize and direct the City Manager to approve the disbursement of funds
from the CBD and Capital Improvement Fund 321 to pay for the installation of the donated art
piece.

STAFF RECOMMENDATION: Approve Resolution

BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
   1. The Council Ad Hoc Committee on Public Art recommended approval of the
      proposal
   2. The Council Arts Task Force recommended approval of the donation and
      placement of the art piece.
   3. The Historic Preservation Commission recommends the artwork is not
      consistent within the Historic District and it should be placed elsewhere in the
      downtown.
   4. The Committee for Downtown Yakima and the Front Street Improvement
      Association both recommend the proposed artwork and its location.


ITEM NO. 9*A

ITEM TITLE: Accounts Receivable Status Report – 1st Quarter 2009

SUBMITTED BY: Finance Department

CONTACT PERSON/TELEPHONE: Cindy Epperson, Dep. Director of Acct/Budget, 575-6070
                                        Tim Jensen, Treasury Services Officer, 575-6070
SUMMARY EXPLANATION:
We are respectfully submitting the accounts receivable report as of March 31, 2009. This
report lists all accounts receivable balances handled through Central Billing. (Includes:
Gambling tax, HUD Section 108, SIED Loans, LID’s and numerous other misc.
receivables.)

The report has the following components:

      Staff Report.
      Exhibit I -- Central Billing Accounts Receivable Summary.
       (Includes total amounts billed and collected during the quarter.)
      Exhibit II -- Gambling Delinquency Detail
      Exhibit III -- SIED Loans Summery
      Exhibit IV – Local Improvement District (LID) Receivables

 The balance of outstanding Receivables billed through Central Billing as of
 March 31, 2009 is: Gambling Taxes - $176,414; Section 108 Loans - $7,150; SIED
 Loans - $64,242; LID Assessments $363,272. (Including delinquencies of $25,675).
 Remaining Central Receivables $342,481 for a grand total of $953,559.

STAFF RECOMMENDATION: Accept Report.




                                               18
ITEM NO. 9B

ITEM TITLE: 1st Quarter 2009 Revenue and Expenditure Report/Preliminary update through
           June, 2009

SUBMITTED BY: Dick Zais, City Manager
              Rita DeBord, Finance Director
              Cindy Epperson, Deputy Director of Accounting & Budgeting

CONTACT PERSON/TELEPHONE: Cindy Epperson, 575-6070

SUMMARY EXPLANATION:
The attached report provides a comprehensive summary of the City of Yakima’s 2009 budget
and expenditure status through March 31, 2009. Overall, the 1st quarter activity reflects a
stable, but guarded fiscal position within the context of the national recession. General City
expenses are within budget estimates at 24.1% through March 31st, and General Government
revenues are at 23.6% through this period. The City’s other operating and enterprise funds have
generated revenues of 20.0% and expenditures of 21.3% of budget estimates through the first
quarter of 2009.

The national recession caused a slow-down in a few key revenue sources in the first quarter,
and City Management responded with a cost containment plan implemented in April of 2009 to
reduce overall expenditures by about $1.1 million to remain within the lower revenue projections.
This plan includes maintaining certain position vacancies for the remainder of the year, along
with taking advantage of the lower fuel costs, and additional reductions in professional services
and travel/training budgets.

However, in June, 2009, general sales tax receipts, which comprise approximately 30% of
General Fund total revenues, dropped sharply to their lowest level for the month of June since
2003. Year to date receipts as of June 30th are 92% of 2008 actual levels for the same time
period.

Exacerbating this downward trend in sales tax is escalation in 2009 jail costs, attaining levels
never before seen. As a response to these new developments, City Management has issued
further new directives outlined in the attached memorandum to Department Directors and
Division Managers, and will be seeking additional expenditure reductions between now and year
end. Management will closely observe Council’s budget priorities and impacts to the
community, and will review the impact of all major expenditure reduction options with the
Council’s direction and approval prior to implementation. Additionally, the 2010 Budget will be
very austere and includes zero cost of living salary increases and possible layoffs of staff to avoid
depleting reserves in an effort to maintain a stable budget position.

(Note), The 2009 beginning balances used in this report are preliminary and may be affected by
final year-end and/or audit adjustments; however, no material changes to these amounts are
anticipated.

STAFF RECOMMENDATION: Accept Report




                                                 19
ITEM NO. 9*C

ITEM TITLE: 1st Quarter 2009 Treasury Report

SUBMITTED BY:         Finance Department

CONTACT PERSON/TELEPHONE: Rita DeBord, Finance Director / 575-6070
                                 Timothy Jensen, Treasury Services Officer / 575-
6070
SUMMARY EXPLANATION:

The Treasury Report for the first Quarter of 2009 consists of the following: (2)
 •     Portfolio Summary
 •     Schedule(s) of Investment Inventory by Maturity and first call date (1)
 •     Sales/Calls Report (including State Pool)
 •     Maturities Report
 •     Purchases Report (including State Pool)
 •     Schedules of General Obligation & Revenue Bonds Payable
 •     LID Cash Balances, & LID Bonds & Notes Payable
 •     LID Warrants Payable
 •     LID Bonds/Notes Payable vs. LID Guaranty Fund
 •     Warrant Activity for Claims (Accounts Payable) & Payroll Clearing Funds
 •     Report of Cash Balances
   (1) Schedules of investments by fund are available in the Finance Department.
  (2) Refer to page(s) 3 & 4 for a description of Treasurer’s Reports.

                                        Economic Overview:
Note: Although the national economic conditions summarized below are grim, it should be noted
that the City invests in high quality government sponsored entities and has sufficient liquidity to
meet its near-term obligations.

The economy remains fragile, especially when viewed from the perspective of labor market
reports. However, some mixed reports from business and consumer spending and the housing
market suggest to some the possibility of a bottom. It’s still too early to call, but
the economy may be taking at least a step in the right direction. However, many developments
conventional wisdom holds necessary for a sustainable recovery – a rebound in housing prices,
an expansion of consumer credit, growth in business investment and employment – are not
likely to happen any time soon. So far any signs of recovery in the economy are entirely
powered by governmental stimulus. Because stimulus cannot continue indefinitely, the high
reliance on these programs throws the prospective expansion’s sustainability into doubt.
National unemployment will probably top at 10% before showing any signs of slowing, (we’re
currently at 9.4%) and it will likely be late 2010 or even 2011 before the employment situation
improves substantially. While Yakima County is currently suffering from high unemployment, as
is the nation, it’s interesting to note that the usual spread between Yakima’s unemployment rate
and the national rate is narrowing – from 3.5% to about 1%, which suggests that the local
economy is not losing jobs at as fast a rate as the national economy.
Interest rates, based on the amount of debt the Treasury is issuing to support its stimulus
programs, should be rising, but because of the Fed’s program of quantitative easing (simply put
quantitative easing is the Fed buying some of the debt the Treasury is issuing so the market
won’t be flooded with bonds), rates have remained low through the first quarter. More recently



                                                20
however, the last month or so have seen some increase in interest rates all across the curve. It
is not yet apparent whether this trend will continue. Higher interest rates would put the
possibility of a sustainable recovery in jeopardy; exactly what the Fed and Treasury will do to
combat this remains to be seen.
In other national economic highlights:
 First-time claims for unemployment benefits have increased to over 600,000 per week for all
of 2009 thus far. This is the highest since 1982. This is a leading indicator and points to still
higher unemployment rates to come in 2009.
 Consumer confidence, while showing some signs of improvement in May and June is still
weak
 National retail sales numbers are still weak, being led mostly by autos and durable goods
 Industrial production continues a downward trend that has been ongoing since the first of
2008, indicating a slowing of production and smaller wholesale inventories nationwide.
 Housing starts and permits continue to decline as the contraction in housing continues,
nationally and locally. Recent numbers in May and June, however show small signs of
improvement
 The Federal Reserve’s ―Beige Book‖, which is a bi-monthly survey of economic activity
through the 12 Federal Reserve districts, indicates a pervasive recession of economic activity,
particularly manufacturing, in every district.
 Inflation, both on the producer and consumer levels, is at least positive, allaying fears of
deflation. This is due mostly to recovery in commodity prices most notably oil, which is
currently around $70 a barrel
These conditions are anticipated to persist through much of 2009.

The City’s Investment Portfolio:
Since all the Fed’s actions at this time are committed to keeping a low interest rate environment,
it is likely that due to the conservative and short average maturity of the City’s portfolio, earnings
will suffer in 2009. However, as the Treasury issues unprecedented amounts of debt, the
potential exists for interest rates to rise; we will be poised to take advantage of this situation.
Conversely, should rates remain low; short positions will allow the City to move into longer
maturities more quickly when the economic recovery finally occurs.
Funds available for investment come from a variety of sources including operating and capital
reserves, mandatory debt service reserves, employee benefit and risk management reserves and
bond proceeds until fully expended. Maturities are structured to best meet the cash flow needs
of the investing Fund. Current investment portfolio includes those investments purchased in
September and October in an effort to improve returns through the remainder of 2008 and
through 2009.
The effective yield on the City’s portfolio for the quarter ended 3/31/2009 was 2.0%, with a
current yield to maturity of 1.89%. Approximately 68% of the City’s $57 million portfolio was in
overnight securities at March 31st, with more than half of that liquidity required to support
expenditures on current projects and meet near-term obligations. The average life of the total
portfolio on December 31st. was 288 days. It is a time for caution in the credit markets, and we
anticipate a low interest rate environment, as recessionary economic indicators persist. Due to
the uncertainty in the financial market, current investments are focused on short term (one to
two year) maturities with a 6 to 18 month call option.

Note: The City is not invested in any Structured Investment Vehicles (SIV’s) or Collateralized
Debt Obligations (CDO’s). These types of investments, along with certain asset-backed
Commercial Paper seem to be the epi-center of the major credit failures. The City has not
purchased these types of instruments. The City does hold bonds and notes drawn on such



                                                 21
    entities as the Federal Home Loan Bank, Freddie Mac, Fannie Mae and other Government
    Sponsored or controlled Enterprises. The stock of many of these entities’ is currently suffering,
    but they have unlimited lines of credit with the US Treasury, which makes their bonds credit
    quality tantamount to Treasuries. The City’s exposure to this general credit crisis is low.

    Description of Treasurer’s Reports

      •      Portfolio Summary
    This report shows investment position totals by category of investment, the percentage of the
    portfolio invested and market values.

     •     Schedule of Investment Inventory by Maturity and Call Date
    This report lists all of the City’s major investments, with the exception of funds in the State pool.

      •    Sales / Calls Report
    This report shows sales of positions and callable bonds called in the report period. This includes
    State Pool trading activity.

     •     Maturities Report
    This report shows scheduled maturities for the period covered by the report.

      •     Purchases Report
    This report shows purchases of all securities during the report period, including State Pool
    trading activity.

•   Schedules of General Obligation & Revenue Bonds Payable
    This report indicates principal payments made during the reporting period, and the current
    balances of the City’s bonded debt.

      •   LID Cash Balances, & LID Bonds & Notes Payable
    A Local Improvement District is an instrument utilized by citizens to fund specific local
    community improvements. This report identifies outstanding obligations relative to Local
    Improvement Districts’ bonds and notes payable.

      •     LID Warrants Payable
    Local Improvement District warrants are utilized until a project is complete, at which time a bond
    or note is issued. This report identifies any outstanding warrants.

      •     LID Bonds/Notes Payable vs. LID Guaranty Fund
    Once a Local Improvement District bond or note is issued, there is a required minimum reserve
    which the City must maintain so long as the bond or note is outstanding. This report compares
    the current Local Improvement Districts outstanding debt to the required reserve balance.

      •    Warrant Activity for Claims (Accounts Payable) & Payroll Clearing Funds
    The City uses warrants in lieu of checks. The warrants are non-negotiable instruments which
    represent obligations of the City. Included in this report is a statement of activity and
    outstanding balances in the payroll and claims warrant funds for the reporting period.

      •    Report of Cash Balances




                                                     22
This report is a listing of the balances at the end of the reporting period in each of the City’s
major bank accounts.

STAFF RECOMMENDATION: Accept Report.


ITEM NO. *10

ITEM TITLE: Consideration of Resolution authorizing the City Manager to execute Supplement
              No. 6 of the Professional Services Contract with Berger/ABAM Engineers, Inc.
              for project management and inspection services and engineering support
              during the construction of the Lincoln Avenue Railroad Grade Separation
              Project
SUBMITTED BY: William Cook, Director CED
CONTACT PERSON/TELEPHONE: Doug Mayo, City Engineer –- 576-6678

SUMMARY EXPLANATION:
The City and our consultant Berger/ABAM Engineers, Inc. have been working closely with
BNSF over the past several months on the completion of the Construction and Maintenance
Agreement for the project and the Purchase and Sale Agreement for the needed right of way
and easements to be purchased from BNSF. After many months of negotiations, the City and
BNSF have reached agreement on the content of these two agreements. The City Manager has
signed these agreements and we are waiting for BNSF to sign and return them. The City has
secured enough funding to construction the Lincoln Avenue Underpass and it is anticipated that
the Lincoln Avenue Underpass project will be advertised by mid to late August, with construction
beginning in late October.
The city has a consultant agreement with Berger/ABAM under which they provide the City with
design, right of way and administrative services for the development of the Lincoln Avenue/MLK
Boulevard Grade Separations Project. At this time, staff requests authorization to execute
Supplement No. 6 of this agreement, which would increase the scope of services to include
project management, construction inspection services and engineering support during the
construction of the Lincoln Avenue Underpass. This supplement would extend the agreement to
July 31, 2011, and would be at an additional cost not to exceed $1,513,059. It was always
anticipated that administration and inspection services for this project would be performed by
consultants.
The need to hire a consultant to perform the project management, construction inspection and
engineering support for this project is due to the fact that the work required to build this
underpass is highly specialized. The City does not often construct highly complex projects and
does not have the experience required to perform all of the required duties.

Berger/ABAM has done a very good job to date with the design of this project, and has been
very receptive and responded quickly to requests made by the City. We are very comfortable
extending their contract to handle the many objectives that will be required with this complex
construction project, including all of the federal regulations.
STAFF RECOMMENDATION: Approve resolution authorizing Supplement No 6 with
Berger/ABAM Engineers, Inc.




                                               23
ITEM NO. *11

ITEM TITLE: Consideration of Resolution authorizing the City Manager to execute a Local
            Agency Standard Consultant Agreement with Cascade Project Management,
            PLLC to perform the duties of Owner’s Representative for the construction of the
            Lincoln Avenue Railroad Grade Separation Project

SUBMITTED BY: William Cook, Director CED

CONTACT PERSON/TELEPHONE: Doug Mayo, City Engineer –- 576-6678

SUMMARY EXPLANATION:
The City and our consultant Berger/ABAM Engineers, Inc. have been working closely with
BNSF over the past several months on the completion of the Construction and Maintenance
Agreement for the project and the Purchase and Sale Agreement for the needed right of way
and easements to be purchased from BNSF. After many months of negotiations, the City and
BNSF have reached agreement on the content of these two agreements. The City Manager has
signed these agreements and we are waiting for BNSF to sign and return them. The City has
secured enough funding to construction the Lincoln Avenue Underpass and it is anticipated that
the Lincoln Avenue Underpass project will be advertised by mid to late August, with construction
beginning in late October.

In anticipation of construction issues, such as: scheduling conflicts; federal regulations; and,
evaluation of requested change orders, we have selected the consulting firm of Cascade Project
Management to perform the duties of Owner’s Representative for the City on the Lincoln Avenue
Underpass project. The projected cost of this agreement is not to exceed $411,964.25 based on
a provisional hourly rate.

The need to hire a consultant to perform the duties of Owner’s Representative is due to the
highly complicated, mega utility-coordinated, multi-agency funded and extremely regulated
(federal) nature of this project. Although the Engineering Division will remain involved with this
project, we don’t have the staff time nor the experience required to ensure that the project would
run smoothly.

We interviewed three qualified consulting firms who expressed interest in performing this work
for the City, and Cascade Project Management scored significantly higher than the other
consultants.

STAFF RECOMMENDATION: Approve resolution authorizing the Local Agency Standard
Consultant Agreement with Cascade Project Management.


ITEM NO. *12

ITEM TITLE: Consideration of a Resolution declaring a 2000 Ford R10 pickup, a 1997 Nissan
            Maxima, a 1998 Ford Expedition and a 2000 Dodge Durango to be surplus to the
            needs of the City of Yakima and the Police Department and authorizing sale of
            these vehicles by whatever means determined appropriate by the City Manager




                                               24
SUBMITTED BY: Deputy Chief Kelly Rosenow

CONTACT PERSON/TELEPHONE: Sgt. Scot Levno, 509-576-658951

SUMMARY EXPLANATION:
The Yakima Police Department Narcotics Unit has a 2000 Ford R10 pickup VIN
1FTRZR1XXYPA63067, a 1997 Nissan Maxima VIN JN1CA21DXVT816374, a 1998 Honda
Accord VIN 1HGC5658WA025337, a 1999 Ford Expedition VIN 1FMPU18L6XLC33845, and a
2000 Dodge Durango VIN 1B4HS28Z6YF173670 that have aged to the extent that it is no longer
cost effective to operate them. These vehicles were purchased using funds gained from the
forfeiture of drug proceeds and according to statute, will be offered for sale by public auction. Funds
realized from the sale would be credited to the Yakima Police Department Narcotics Investigations
Fund.

STAFF RECOMMENDATION: Approve Resolution.


ITEM NO. *13
ITEM TITLE: Consideration of a resolution authorizing the execution of a Professional Services
             Contract with Central Washington Occupational Medicine for the provision of
             drug and alcohol testing and physical examination services.
SUBMITTED BY: Sheryl M. Smith, Human Resources Manager
CONTACT PERSON/TELEPHONE: Sheryl M. Smith, 575-6090
SUMMARY EXPLANATION:
On July 20, 2004, Council authorized the execution of a contract with Central Washington
Occupational Medicine (CWOM) for random drug and alcohol screening services to meet the
requirements set forth by the Federal Transit Administration.
On June 10, 2008 Council authorized an extension of the contract through July 31, 2009 for
random drug and alcohol screening services. In addition, the addendum also authorized CWOM
to perform: (1) pre-employment physical examinations of candidates for City employment; (2)
Department of Transportation required physical examinations for City employees required to
possess and maintain commercial driver’s licenses (CDL) for their positions; and (3) specialized
examinations required for the physical examination, based on the specialized nature of the
position as set forth in the addendum.
The attached legislation authorizes a professional services contract for the services to include:
pre-employment physical examinations as required by Department of Transportation and for
other applicable potential City employees, annual physical examinations for City employees
required to possess and maintain commercial driver’s licenses (CDL), Substance Abuse
Professional services, drug and alcohol awareness training, audiometric testing and other related
services through July 31, 2014. CWOM has agreed to maintain their 2009 fee schedule for
calendar years 2010 and 2011; fees for years three through seven can be reviewed annually.
Federal Transit Administration regulations no longer require bidding for the services provided by
this professional service agreement.

STAFF RECOMMENDATION: Adopt the resolution authorizing the execution of a Professional
Services Contract with Central Washington Occupational Medicine.


                                                25
ITEM NO. *14

ITEM TITLE: Consideration of a resolution authorizing Sole Source procurement between the City of
            Yakima and RTC Manufacturing Inc. for the purchase of School Zone Solar Safety
            Flashers

SUBMITTED BY: Chris Waarvick Public Works Director

CONTACT PERSON/TELEPHONE: Joe Rosenlund, Street & Traffic Operations Manager
                          (509) 576-6430

SUMMARY EXPLANATION:
Staff respectfully requests City Council consideration of a resolution authorizing Sole Source
procurement from RTC Manufacturing Incorporated. This would be a Sole Source purchase and
formal bid requirements would be waived. RTC Incorporated is the only vendor that produces
School Zone Solar Safety Flashers that are compatible with the existing programmable pager
system and which meet the specialized needs of the City. Therefore, competitive bidding for
comparable products would be futile. The money ($29,975) for this purchase was appropriated
through a grant from the Washington Traffic Safety Commission.

STAFF RECOMMENDATION: Adopt a resolution to authorize Sole Source procurement between the
City of Yakima and RTC Manufacturing Incorporated for the purchase of School Zone Solar Safety
Flashers.


ITEM NO. *15

ITEM TITLE:          Consideration of Resolution authorizing the City Manager to execute
                     Supplement No. 1 of the Professional Services Contract with PLSA
                     Surveying and Engineering to clearly mark the existing and proposed right
                     of way boundaries for the 16th Avenue and Washington Avenue
                     Intersection Improvements project.

SUBMITTED BY:        William Cook, Director CED

CONTACT PERSON/TELEPHONE:                  Doug Mayo, City Engineer –- 576-6678

SUMMARY EXPLANATION:
The city has a consultant agreement with PLSA Engineering and Surveying under which they
provide the City with surveying services for the 16th Avenue and Washington Avenue
Intersection project. At this time, staff requests authorization to execute Supplement No. 1 of
this agreement, which would increase the scope of services to include clearly marking and
staking the existing and proposed right of way boundaries. This supplement would not extend
the length of the agreement, and would be at a not to exceed cost of $2,200.

The purpose of staking the existing and proposed right of way lines is to aid the Appraiser in
determining the value of the property to be purchased, and to aid in negotiations with the land
owners so that they will be able to clearly see the land to be acquired.


                                              26
STAFF RECOMMENDATION: Approve resolution authorizing Supplement No 1 with PLSA
Engineering and Surveying.


ITEM NO. *16

ITEM TITLE: A Resolution authorizing and directing the City Manager to execute an
           Operating Agreement with the Capitol Theatre Committee to provide for
           regular operations at the Theatre and setting terms and conditions under
           which the Theatre will be managed

SUBMITTED BY: Finance Department

CONTACT PERSON/TELEPHONE: Rita DeBord, Finance Director 575-6070
                           Tim Jensen, Treasury Services Officer 575-6070

SUMMARY EXPLANATION:
The existing Operating Agreement between the City and the Capitol Theater Committee expired
on June 30, 2009 and is not renewable. Staff has taken this opportunity to update language,
adjust certain conditions and terms of the Agreement, and make several minimal housekeeping
improvements to the agreement. Substantive changes include; 1) per the recommendation of
the City’s insurance brokers, increased the umbrella liability coverage the CTC carries from two
to five million dollars; 2) make the agreement perpetual, with windows every three years for
necessary alterations; and, 3) added language whereby the CTC covenants not to take any
actions that will jeopardize the tax-exempt status of any bonds the City issues on its behalf.
These changes are incorporated in the attached document. Council’s approval of this
Resolution will provide for a perpetual, yet flexible arrangement with the CTC into the future.


ITEM NO. 17

ITEM TITLE: Set Date of Public Meeting for July 21, 2009 to consider an application for a law
            enforcement grant from the U.S. Department of Justice, Bureau of Justice
            Assistance under the Edward Byrne Memorial Justice Assistance Grant program
            and authorizing corresponding interlocal agreement with Yakima County

SUBMITTED BY: Samuel Granato, Chief of Police

CONTACT PERSON/TELEPHONE: Samuel Granato, Chief of Police – 575-6211
                           Jeff Schneider Police Captain – 575-6151

SUMMARY EXPLANATION:
The City has been invited to apply for a grant from the U.S. Department of Justice, Bureau of
Justice Assistance under the Edward Byrne Memorial Justice Assistance Grant program. The
purpose of the program is to reduce crime and improve public safety. The grant will be requested in
the amount of $100,405. The City of Yakima and Yakima County will share the funds per a
Memorandum of Understanding as required by the Department of Justice. The attached resolution
authorizes the grant application and the City Manager to act as the official representative to accept
the grant.


                                               27
The City’s share of the grant, $68,256.70, will be used to support law enforcement efforts by funding
program and equipment requirements of the Yakima Police Athletic League, together with the
purchase of laptop computers, web based report writng system, Coban video hotspots, police
surveillance systems, and computer licensing. The Justice Assistance Grant Program requires that
the City execute an interlocal agreement with Yakima County, whereby the Yakima Sheriff’s
Department shall receive the remaining $32,148.30 of the $100,405 grant award.

STAFF RECOMMENDATION: Set date of public hearing for July 21, 2009.


ITEM NO. *18

ITEM TITLE: Set Public Hearing date of July 21, 2009 to consider:

              A) Adoption of the Six-year Transportation Improvement Program for the years
                 2010 to 2015, and to amend the Metropolitan Transportation Plan
              B) Amend the Yakima Urban Area Comprehensive Plan Capital Facilities
                 Element.

SUBMITTED BY: William Cook, Director of Community and Economic Development -

CONTACT PERSON/TELEPHONE: Brett Sheffield, Chief Engineer, 576-6797.

SUMMARY EXPLANATION:
A) Each year the City is required by RCW 35.77.010 and RCW 36.81.121 to update its Six-
year Transportation Improvement Program (TIP) for submittal to the Washington State
Department of Transportation. This plan must include all transportation projects for which state
gas tax revenue of federal revenue will be used.

The current plan for 2009 – 2014 included seventeen projects that were funded. This included
three projects that received 100% funding from the American Recovery and Reinvestment Act.
Funding for the remainder of the projects will continue to be sought.

A Public Hearing will be held to consider adoption of a Resolution approving the six-year TIP
and amending the regional Metropolitan Transportation Plan and Comprehensive Plan Capital
Facilities Element.

A copy of the proposed 2010 – 2015 TIP is attached, along with an explanation sheet that
describes the information contained on the various columns of the Six-year TIP. Changes from
the 2009 – 2014 TIP include the addition of two projects, removal of six projects and a
modification to the priority numbers of the various projects.

The added projects include:

      #8 Expanded transit service to Terrace Heights
      #18 Fixed route bus service to Moxee along the SR 24 corridor.

The projects that were deleted from the 2009 – 2014 TIP have either been completed, are under
construction or will soon be under construction include:



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      #3    16th Avenue Realignment
      #5    Purchase five new transit buses
      #6    Purchase three new paratransit vehicles
      #13   Nob Hill Boulevard Improvements from 64th Avenue to 72nd Avenue
      #68   Nob Hill Boulevard Improvements from 68th Avenue to 72nd Avenue
      #77   Nob Hill Boulevard Overpass Repairs

Council and the public are welcome to add other arterial system projects to the list. The six-year
TIP project listing will be finalized at the public hearing held on July 21, and will then be sent to
the Yakima Valley Conference of Governments (YVCOG) to be included in the Statewide
Transportation Improvement Program list.

Six-year Transportation Improvement Program (TIP) Background

On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU). This act is the next
authorization after the prior Transportation Equity Act of 1998 for the 21 st Century (TEA-21) and
previous Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991. The current act
again specifies the systems on which certain funds can be used, and activities for which funds
can be used and promotes the role of the Metropolitan Planning Organizations (MPO) in the
planning and programming of projects. SAFETEA-LU requires each designated MPO to develop
a Transportation Improvement Program (TIP), and the state to develop a Statewide Transportation
Improvement Program (STIP) as a condition to securing federal funds for the transportation
projects.

Projects listed in the STIP are the only projects that can be approved by the Federal Highway
Administration (FHWA) and the Federal Transit Administration (FTA) to utilize federal fund of by
the State of Washington for approved State funding agencies. The STIP is a prioritized program
of transportation projects, complied from local and regional plans, along with the Washington
Transportation System Plan (WTP), which provides a backbone for developing projects for the
intermodal transportation network in the State of Washington.

The STIP contains federally funded projects plus state and local projects that are regionally
significant. These projects have been identified through the planning process as the highest
priority for the available funding to the state’s transportation program.

Planning activities of state and local governments are essential parts of integrated regional
planning processes. Long range transportation planning is a part of the comprehensive land use
planning carried out by local governments. Citizen participation is an integral part of the
planning process at all levels. Local Agencies are required to develop and adopt a six-year
transportation program. All local agencies are required to hold at least one public hearing during
the development of the six-year transportation program.

Project ranking has been performed utilizing data supplied by the Street and Traffic Division.
The ranking will be integrated with other project needs and the total list will be reviewed and
adjusted to the particular need of the City of Yakima.

B) The City needs to amend the Yakima Urban Area Comprehensive Plan Capital Facilities
Element to incorporate the adopted six-year TIP for 2010 to 2015. This will ensure that we are
in compliance with the Growth Management Act and that we are consistent with the


                                                 29
Comprehensive Plan as required. The amendment is limited to incorporate only those projects
that adopted in the STIP and is not subject to the ―once a year‖ change required under the laws
of the Growth Management Act.

STAFF RECOMMENDATION: Adopt the resolution to set July 21, 2009 as the hearing date to
review and adopt the updated six-year TIP and amend the Yakima Urban Area Comprehensive
Plan Capital Facilities Element.


ITEM NO. *19

ITEM TITLE: Consideration of an ordinance adopting standards for the delivery of public
defense services as required per state law.

SUBMITTED BY:         Dave Zabell, Assistant City Manager

CONTACT PERSON/TELEPHONE: Dave Zabell 575-6040

SUMMARY EXPLANATION: Attached for your review and consideration is an ordinance
adopting public defense standards in accordance with RCW 10.101.030.

Each city in Washington is required to adopt standards for the delivery of public defense
services. The City of Yakima has generally provided public defense services to eligible
persons entitled to representation by contracting for these services and intends to continue to
do so in the foreseeable future. It is in the best interest of the City to enact an ordinance
adopting standards governing the provision of public defense legal representation.

STAFF RECOMMENDATION: Adopt the proposed ordinance establishing standards for the
delivery of public defense services consistent with RCW 10.101.030.


ITEM NO. *20

ITEM TITLE: Consideration of an Ordinance Relating to Public Safety; Adding a New Chapter
           6.27 to the Yakima Municipal Code, Entitled ―Shopping Cart Regulations.‖

SUBMITTED BY: Chris Waarvick, Director of Public Works
              Nancy Fortier, Refuse and Recycling Manager

CONTACT PERSON/TELEPHONE: Nancy Fortier/576-6421




                                               30
SUMMARY EXPLANATION:
Abandoned shopping carts obstruct access to sidewalks, streets and other right-of-ways; they
interfere with pedestrian and vehicular traffic and they create an environment for illegal dumping.
Shopping cart regulations provide the Refuse Division with the necessary tools to require proper
identification of the cart owner and address; establish a procedure to notify the owner to retrieve
the cart; and in the case where the cart is not retrieved, the regulations provide the Refuse
Division the authority to impound the shopping cart and return it to its proper owner.

We reviewed other shopping cart ordinances from cities in the Northwest. Some regulations
were quite extensive, including detailed plans and procedures for businesses to follow. Our
intent was to propose gentler regulations that will work both for businesses providing shopping
carts for their customers and for the City of Yakima.

Staff met with business representatives at the Chamber of Commerce on March 27, 2009 to
discuss the proposed ordinance; copies were sent to local businesses and the proposed
ordinance was presented to the Council Public Safety Committee.

The attached Ordinance, relating to Public Safety; regulating lost, stolen, or abandoned
shopping carts by adding a new Chapter 6.27 to the Yakima Municipal Code is being submitted.

STAFF RECOMMENDATION: Staff respectfully requests the City Council pass the Ordinance.

BOARD/COMMISSION/COMMITTEE RECOMMENDATION: On June 4, 2009, the Council
Public Safety Committee approved forwarding the Ordinance to the full Council with a
recommendation for approval.


ITEM NO. 21

ITEM TITLE:        relating to Police Chief—Limited commissions;       consolidating limited
                    commissions into one section; adding a limited commission for Title 15 of
                    the Yakima Municipal Code; repealing Section 10.01.030; repealing
                    Section 11.01.030; and adding Section 1.48.026 to the Yakima Municipal
                    Code.

SUBMITTED BY: Joe Caruso, Acting Code Administration & Planning Manager

CONTACT PERSON/TELEPHONE: Joe Caruso, 575-6262
                          Assistant City Attorney Bronson Faul, 575-6033

SUMMARY EXPLANATION:
The City of Yakima allows the police chief to commission special authority police officers for
limited purposes. The city council has approved code compliance officers to be given this
limited commission to enforce Title 15, Yakima Urban Area Zoning Ordinance. Title 15 was
passed without reference of this limited commission. Our code has other sections relating to
granting limited commissions. Section 1.48.026 is created as a section where these limited
commissions are consolidated and adding a limited commission for Title 15.
STAFF RECOMMENDATION: It is recommended that the Council adopt the changes being
proposed.



                                                31
ITEM NO. *22

ITEM TITLE: An Ordinance related to Stormwater Illicit Discharge – creating a new Chapter
            7.85

SUBMITTED BY: Dave Zabell, Assistant City Manager
              Scott Schafer, Wastewater Manager
              Lawrence Watters, Senior Assistant City Attorney

CONTACT PERSON/TELEPHONE: Scott Schafer/575-6077

SUMMARY EXPLANATION:
Federal and State laws mandate that the City of Yakima adopt an ordinance to regulate non-
stormwater discharges to the City’s Municipal Separate Storm Sewer System (MS4) and public
Underground Injection Control (UIC) wells. The mandated Stormwater Illicit Discharge
regulations are contained in the Eastern Washington Phase II Municipal Stormwater Permit
Section 5B.3 and Washington Department of Ecology’s Guidance for UIC Wells that Manage
Stormwater. The attached staff report briefly outlines requirements set forth in these two
documents.

The Regional Stormwater Policy Group drafted a model Illicit Discharge Ordinance and held a
public meeting on May 19, 2009 to hear public comments. Each agency was instructed by the
Regional Stormwater Lead (RSL) to modify the model ordinance as needed to address
enforcement protocols and formatting. The RSL has reviewed the City of Yakima’s ordinance for
compliancy with federal and state requirements. The City of Yakima held its own public
meeting on June 26, 2009 to hear public comments on the proposed Illicit Discharge Ordinance.
Public comments with staff responses is attached for Council information.

The City of Yakima’s NPDES permit requires that this ordinance be effective by August 16,
2009.
STAFF RECOMMENDATION: Staff respectfully requests Council’s adoption of Chapter 7.85, a
new chapter related to the Illicit Discharge to the City’s stormwater systems.


ITEM NO. *23

ITEM TITLE: An Ordinance providing for the issuance of one or more series of Limited Tax
           General Obligation Bonds in a principal amount of not to exceed $8 million to
           finance the expansion, improvement and rehabilitation of the Capitol Theatre;
           delegating authority to approve the final terms of the bonds; and repealing
           Ordinance No. 2009-27

SUBMITTED BY: Finance Department

CONTACT PERSON/TELEPHONE: Rita DeBord, Finance Director 575-6070
                          Tim Jensen, Treasury Services Officer 575-6070




                                              32
SUMMARY EXPLANATION: On June 16th, the Finance Department submitted, and the Council
passed, Ordinance 2009-27 approving the issuance of up to $8 million tax-exempt LTGO bonds.
Since that time, interest rates on tax-exempt municipal securities have risen, and further study
and discussions with the City’s underwriters, Seattle Northwest Securities, have produced a
possibly less expensive financing option than the traditional tax-exempt bonds contemplated in
the previous bond ordinance. This bond ordinance includes language that authorizes staff to
offer for sale tax-exempt bonds, as previously planned, or a combination of tax-exempt and
taxable bonds known as ―Build America Bonds‖; the determination of the type of bonds to be
sold would be made by staff just prior to bond pricing day - based on the then current market
conditions.

The ―Build America Bond‖ option features issuing potentially two series of bonds; one series of
tax-exempt bonds, for shorter maturities; and a second series of taxable bonds for longer
maturities; thereby reducing total interest cost and resulting in lower total over-all debt service
costs. This financing would be designed to take advantage of the new ―Build America Bonds‖
(BAB) stimulus program recently unveiled by the federal government whereby the US Treasury
pays a cash subsidy equal to 35% of the interest payments on the taxable portion of the bonds
directly to a qualified issuer, such as the City. The subsidy is considered tantamount to a tax
refund by the Treasury, and therefore is not subject to Congressional appropriation laws. (Note:
BABs are still very new and it is unknown how the market may – or may not – react to such an
offer from the City.)

Project Update: On June 2, 2009, the Executive Director of the Capitol Theatre provided staff
with a project update which included plans to utilize proceeds from this bond issue to fund the
following components of the Capitol Theatre expansion project:
      Construction of a Production Center ($6.5M);
      Construction of an Exterior 2nd Floor Patio and Catwalk ($380K):
      Capitol Theatre Electrical work ($200K); and
      Sound Doors (140K)

It should be noted that market conditions are unstable, fluctuate daily and are generally
unpredictable; therefore, at this time, it is too far from the bond pricing date to reliably project the
actual amount of proceeds that may be generated from the sale of these bonds. It is possible
that current project plans may need to be adjusted should bond proceeds not be adequate to
cover the full cost of the components noted above. Staff will stay in close contact with the
Capitol Theatre’s Executive Director as we get closer to the bond sale date and have better
projections of bond proceeds.

If authorized by Council, this Bond Ordinance will:
      Repeal Bond Ordinance 2009-27, passed by Council on June 16, 2009;
      Authorize the sale of bonds within the parameters stated in this ordinance, including: a
         principal amount not to exceed $8 million; a total interest cost not to exceed 6.00% (after
         allowance for the interest subsidy noted above); and annual debt service not to exceed
         current projections of sales tax credit revenues; a maturity date not to exceed 2033;
      Authorize the use of bond proceeds to provide financing for expansion, rehabilitation
         and improvements to the Capitol Theatre;
      Designate the use of (a) Sales Tax Credit revenues received from the PFD, (b)
         Hotel/Motel tax revenues and (c) the full faith and credit of the City to provide for debt
         service on the bonds;
      Delegates’ authority to the City Manager or Finance Director to approve the final terms
         and conditions of the bonds, within the parameters set in this ordinance. This


                                                  33
         delegation includes the decision regarding the type of bonds to be issued, the
         amortization schedule, whether or not to purchase bond insurance, etc.; and authorizes
         and directs staff to take all necessary actions to issues these bonds, including
         authorization of the Official Statement (Preliminary and Final), approving the terms and
         conditions of the Bonds and of the Sale / Purchase Agreement with the City’s
         underwriters, and to approve all other acts necessary to complete the transaction.
Note: When the financing goals are met and bonds are sold, Staff will report back to Council at
their next regular business meeting with the results.

In conclusion: this Ordinance is intended only to provide more options (tools) at the City’s
disposal with regard to the sale of bonds, and does not obligate the City to issue bonds, nor does
it obligate the City to issue taxable ―Build America Bonds‖ to accomplish this financing.

STAFF RECOMMENDATION: Pass Ordinance

                                   COUNCIL INFORMATION

                                          JULY 7, 2009

1.     City Meeting Schedule for week of July 5-13, 2009
2.     Preliminary Future Activities Calendar as of July 6, 2009
3.     Preliminary Future Council Agenda
4.     7/1/09 Letter from Randall Shepard, District Ranger, re proposed fee on public lands
5.     Planning Division Assignments for staff meeting on July 7, 2009
6.     6/30/09 Memo from Bruce Benson; re: The Best Place to Buy an Old House
7.     News / Magazine articles:
        ―Calif., other states face tough budget choices,‖ MSNBC.com, July 1, 2009
        ―Auditors throw up hands at how poorly King County tracks spending,‖ The Seattle
           Times, June 22, 2009
        ―Mammoth report faults Seattle street-division managers,‖ The Seattle Times, June
           20, 2009
        E-newsletter from Rep. Norm Johnson – 14th Legislative District

                                 CITY MEETING SCHEDULE
                         For the week of July 5, 2009 – July 13, 2009

Please note: Meetings are subject to change

Monday, July 6
10:00 a.m.   City Council Media Briefing – Council Chambers

Tuesday, July 7
10:00 a.m.   County Commissioners Agenda Meeting – Council Chambers
3:00 p.m.    City/County Intergovernmental Committee Meeting – CED Conference Room
5:00 p.m.    City Council Executive Session – Council Chambers
6:00 p.m.    City Council Meeting – Council Chambers


Wednesday, July 8



                                               34
12:00 p.m.   Sports Commission Board Meeting – Yakima County Stadium
1:00 p.m.    Bid Opening – Council Chambers
2:00 p.m.    Bid Opening – Council Chambers
1:30 p.m.    PAL Board Meeting – PAL Center
3:00 p.m.    Regional Planning Commission – Council Chambers
5:30 p.m.    Parks & Recreation Commission – Council Chambers

Thursday, July 9
9:00 a.m.    County Hearing Examiner – Council Chambers
1:30 p.m.    Yakima Regional Clean Air Authority Meeting – Council Chambers

Friday, July 10
8:00 a.m.     Sister City Meeting – CED Conference Room
2:00 p.m.     Bid Opening – Council Chambers

Monday, July 13
8:30 a.m.    Police Pension Meeting – Mayors Office
9:15 a.m.    Fire Pension Meeting – Mayors Office
11:30 a.m.   Chamber General Membership Meeting – Red Lion Hotel
6:00 p.m.    Westside Merchants Association Meeting – Buhrmaster Bakery

                                       THE END




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