Yakima City Council Regular Meeting - August 20, 2024

The Yakima City Council met on August 20, 2024, at 5:30 p.m. in City Hall Council Chambers, following a closed executive session from 5:04 to 5:30 p.m. to discuss litigation risks under RCW 42.30.110(1)(i)(iii). The meeting included three proclamations, a consent agenda, a public hearing on the proposed East Yakima Business Area Annexation, several department items including the adoption of a Stay Out of Drug Areas (SODA) ordinance, and discussions on nuisance activities and the opioid crisis.

Consent Calendar

• Approved minutes from August 5, 2024, regular meeting
• Accepted July 2024 Investment Transaction Report
• Approved payment of disbursements for July 1-31, 2024
• Accepted project completion for Public Works Building 5 HVAC Replacement with MBI Construction Services Inc.
• Set September 17, 2024, for an open record public hearing on a right-of-way petition for O. Jean Owens Revocable Living Trust
• Authorized a professional services contract for insurance broker and risk management with Marsh & McLennan Agency, LLC (Resolution R-2024-149)
• Authorized Supplemental Agreement 3 with Haley & Aldrich Inc. for Tiger Oil Project EV2999 (Resolution R-2024-150)
• Authorized an Interlocal Agreement with Sunnyside Fire Department for Joint Training Academy and Emergency Response (Resolution R-2024-151)
• Approved SIED Contract YC-YAT-24 with Yakima County for Airport Terminal Modernization (Resolution R-2024-158)
• Authorized an agreement with Washington State Reference Network via Seattle Public Utilities for hosting a continuously operating reference station (Resolution R-2024-152)
• Repealed Yakima Municipal Code Chapter 3.120 (YAKCORPS Agency Fund) via Ordinance 2024-022

Public Comments & Testimony

• Dr. Gillian Zuckerman (Yakima resident, family medicine and addiction medicine physician) spoke in strong opposition to the proposed SODA ordinance, arguing it would restrict access to low-income housing in the proposed areas, disproportionately affect racial minorities, create lawsuit risks, and include critical social service agencies (Union Gospel Mission, Rod’s House, Triumph Treatment Services) within boundaries. She questioned the effectiveness, predicting crime displacement.
• Joe Daniels (Yakima County resident) spoke about ancestral burial matters and divine warnings.
• Tim Smith (Yakima resident, with time relinquished by Mr. James) raised concerns about the housing project at Folsom and Lewis Avenues, alleging lack of public input (Type I review), improper handling of contaminated soil in violation of health district rules, dust violations (Clean Air Agency permit not obtained until April), and called for a federal injunction.
• East Yakima Business Area Annexation Public Comments (during Public Hearing 8A):
  • Multiple residents and representatives (Eddie D., Mark Doyle, Sandy Braden, Joyce Anstett, Richard Ensey, Mark Young, Kathy McNulty, Brian Thierolf, Michael Kindle) opposed annexation, citing concerns over higher property taxes, utility costs (sewer, water, stormwater), impact on low-income seniors (Sun Country Estates – 55+ community classified as low-income rural development), loss of county services, and lack of transparency.
  • Kyle Curtis (Yakima County Commissioner, District 2) requested due diligence and heavy stakeholder engagement, noting many unanswered questions.
  • Tommy Carroll (Yakima County Planning Official) asked for clarification on city taxes on non-city water/sewer purveyors, stormwater fees, and management of ongoing county projects (Gap to Gap levee setbacks, Terrace Heights Bridge widening, road projects on Keys Road and Birchfield Road). He stated that grant-funded road projects would be stopped and funds returned if annexation proceeds.
  • Jonathan Smith (Executive Director, Yakima County Development Association) highlighted that two economic development projects (Keys Road, Birchfield Road) funded by the Supporting Investments in Economic Development (SIED) program would be jeopardized, potentially losing 50% grant status and affecting 73 jobs.
  • Ray Lamoreaux (East Valley Fire Department) opposed annexation, citing longer emergency response times: Yakima Fire Station 95 would take 8 minutes to the southern area (vs. current faster times), and Station 91 would take 10 minutes to the high-call area at 500 University Parkway, potentially compromising safety.

Discussion Items

• Proclamations: Overdose Awareness Day proclaimed for August 30, 2024 (corrected from August 31 in the transcript). Constitution Week and Trolley Week proclamations approved unanimously.
• East Yakima Business Area Annexation (Public Hearing): Planning Manager Trevor Martin presented four boundary map options (with variations in southern boundaries and inclusion/exclusion of Sun Country Estates). No action was taken; this was an information session. A follow-up meeting in late September will provide detailed data on taxes, utilities, emergency response times, and other impacts before council considers accepting the Notice of Intent.
• Kissel Well Emergency Repair (Department Item 9A): Water/Irrigation Manager Mike Shane reported that after a power outage on June 25, 2024, the well motor failed. An emergency declaration was made July 29; repair costs ~$135,000 for a new motor and installation by Schneider Water Services. Council ratified the emergency resolution (R-2024-153) 7-0.
• CDBG Funding for Aquatic Center (9B): Resolution R-2024-154 authorized $612,401 in CDBG funds for construction of the Aquatic Center at Martin Luther King, Jr. Park. Approved 7-0.
• CDBG Funding for Sidewalk/Lighting Improvements (9C): Resolution R-2024-155 authorized $150,000 for sidewalk and street lighting improvements in low-to-moderate income neighborhoods. Specific locations: 16th Avenue sidewalks, and lighting upgrades near schools on the east side. Approved 7-0.
• Traffic Safety Resource Prosecutor (9D): Resolution R-2024-156 authorized pursuing TSRP funding to add a prosecutor position to the Legal Department. The position would also staff a DUI court and provide training regionally. Fully funded by TSRP for 1-3 years, renewable. Approved 7-0.
• Ordinance Amending Chapter 1.18 (Departments) (9E): Ordinance 2024-023 updated department functions: animal control moved from Community Development to Police; engineering moved from Public Works to Community Development; provided flexibility in management. Passed 7-0.
• SODA Ordinance and Resolution (9F & 9G): Ordinance 2024-024 added Chapter 6.13 to Title 6, allowing courts to order individuals charged or convicted of drug-related offenses to stay out of designated drug areas. The court may modify orders for service access. Resolution R-2024-157 designated specific prohibited areas (based on crime data, with a buffer). Both passed 7-0. Sergeant Ryan Wisner (YPD Pro-Act Team) explained the ordinance provides an additional tool to address open-air drug use, noting officers exercise discretion for those seeking services.
• Discussion on Nuisance Activities (9H): Council discussed homelessness and drug issues. Councilmember Glenn emphasized aggressive action against fentanyl. Councilmember Brown called for a sit-lie ordinance, stronger camping ordinance, and creative solutions. Motion by Glenn, seconded by Berg, directed staff to continue seeking resolutions to homelessness and report back within one month. Passed unanimously.

Key Outcomes

• Consent Agenda: Approved 7-0.
• Kissel Well Emergency: Resolution R-2024-153 adopted 7-0.
• CDBG for Aquatic Center: Resolution R-2024-154 adopted 7-0.
• CDBG for Sidewalks/Lighting: Resolution R-2024-155 adopted 7-0.
• Traffic Safety Resource Prosecutor: Resolution R-2024-156 adopted 7-0.
• Department Functions Update: Ordinance 2024-023 passed 7-0.
• SODA Ordinance: Ordinance 2024-024 passed 7-0.
• SODA Area Designation: Resolution R-2024-157 adopted 7-0.
• Nuisance Activities: Motion to direct staff to find homelessness solutions and report within one month passed unanimously.
• Future Study Session on Opioid Epidemic: Motion by Councilmember Herrera, seconded by Deccio, to plan a roundtable discussion with community service providers passed unanimously.
• Annexation Next Steps: Council will consider the Notice of Intent at a future meeting (deadline September 17, 2024) after receiving additional data on taxes, utilities, and emergency services.
• City Manager Update: Vicki Baker reported a productive meeting with Pacific Power on de-energization practices; praised departing Assistant City Manager Rosylen Oglesby.
• Other Business: Councilmember Glenn thanked Mike Johnson (Union Gospel Mission) for his service; Councilmember Brown requested an update on DYBID district alternatives within 60 days of the prior motion.