YAKIMA CITY COUNCILBUSINESS MEETING

JUNE 10, 2008 – 5:00 P.M.COUNCIL CHAMBERS – YAKIMA CITY HALL

1. Roll Call

2. Executive Session – Property acquisition

6:00 P.M. – PUBLIC SESSION

1. Roll Call

2. Invocation/Pledge of Allegiance – Council Member Micah Cawley

3. Open Discussion for the Good of the OrderA. ProclamationsB. Special presentations / recognitionsC. Status report on prior meeting’s citizen service requestsD. Appointments to Boards and Commissions

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 Adjourned Meeting – April 8, 2008

*B. Consideration of approval of Council Committee Meeting Minutes City/County Intergovernmental Committee – June 2, 2008 Transit/Transportation Committee – May 21, 2008

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 / MEETINGS

6. Public Hearing and consideration of an Ordinance to establish the Yakima Revenue Development Area for the Washington State Local Infrastructure Financing Tool (LIFT) program

7. Public Hearing to consider the results of the Washington State Auditor’s Office performance audit report on providing public records to citizens

CITY MANAGER'S REPORTS

8. 2007 Annual Report of the City of Yakima Fire Department

9. Staff report regarding proposed debt financing for 2008 Engineering, and Streets/Traffic projects and financing for a new Fire Department ladder truck

10. Consideration of a Resolution authorizing execution of an architectural services agreement with LCA Architects to conduct a feasibility study addressing the need and advisability of replacement of the existing Yakima Police Department substation

11. Consideration of a Resolution authorizing an amendment to the contract with Berger Abam regarding the Grade Separation Project

12. Consideration of a Resolution authorizing execution of a professional services agreement with Surdex Corporation to provide LiDAR data acquisition and processing for high accuracy mapping and modeling applications

*13. Consideration of approval of first quarter 2008 Finance reports:A. Revenue and Expenditure ReportB. Accounts Receivable C. Treasury Report

*14. Consideration of a Resolution authorizing execution of a Release and Settlement Agreement to resolve and settle the claim for damages filed by Crystal Dodge

*15. Consideration of a Resolution authorizing execution of an addendum to an agreement with Central Washington Occupational Medicine for the provision of drug and alcohol testing and physical examination services for Transit employees

*16. Consideration of an application from Lake Aspen Enterprises/Borton CA Storage for a right-of-way use permit to place screening in the City right-of-way at 1725 River Road and 1800 River Road

*17. Consideration of a Resolution authorizing execution of a contract amendment with KRAFT CONSULTING to extend the Healthy Families Yakima program for an additional year

*18. Consideration of a Resolution transferring a surplus used police vehicle to Prosser Memorial Hospital

*19. Consideration of Final Contract Payment for the General 308 Irrigation System Phase III, Stage 1 improvements

*20. Consideration of a Resolution authorizing acquisition of right-of-way under the Transportation Enhancement Grant Program for the William O. Douglas Trail Connections project

*21. Set date of Public Hearing for July 1, 2008 for the Wellington Phase 4 Final Plat

*22. Set Dates of Public Hearings for July 1 and July 15, 2008 at 7:00 p.m. to consider:A. Adoption of the Six-Year Transportation Improvement Program for 2009-

2014, and to amend the Metropolitan Transportation Plan

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B. Amend the Yakima Urban Area Comprehensive Plan Capital Facilities Element

ORDINANCES

23. Consideration of recommendations to amend the posted speed limits on various arterial streets and an Ordinance amending Section 9.50.370 of the Yakima Municipal Code

24. Consideration of an Ordinances relating to public safety and morals:A. Repealing Chapter 6.11 entitled, “Criminal Street Gangs and Gang-

related activities,” of the City of Yakima Municipal CodeB. Adopting portions of the newly adopted Washington State Criminal Street

Gangs law effective June 12, 2008; adopting Section 306 of the Engrossed Second Substitute House Bill 2712; imposing mandatory minimum sentences for misdemeanor and gross-misdemeanor criminal street gang-related offenses; and creating a new Chapter 6.11 of the City of Yakima Municipal Code

*25. Consideration of an Ordinance authorizing the City to lease to Noel Communications, Inc. access to and space within the conduit system located under Yakima Avenue (ordinance available Monday, 6/9/08)

26. Other Business

27. Adjournment* * * * * * * * * * * *

Yakima City Council Committee Meeting

Council Intergovernmental Relations Committee

Monday, June 2, 20082:00 p.m.

City Manager’s Conference Room

Council present: Dave Edler, Norm Johnson, Neil McClureCommissioner: Mike LeitaCity staff present: Dick Zais, Dave Zabell, Bill CookCounty staff present: Vern Redifer

Continued review of Interlocal Agreement between City of Yakima and Yakima County for Growth Management Act implementation:

The Committee began their review at paragraph I.B.5. subparagraph F.3.5 of the Interlocal Agreement. The added language “which means uniform standards” is

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accepted. Mike Leita suggested that the development standards that vary between the City and the County be discussed at the next meeting. It was agreed that there are three standards that have major differences: sidewalks, street lighting and frontage improvements. Bill Cook added "gated communities" to the list, saying that the City will probably move in the direction of the County's current standard on gated communities.

Paragraphs II.C.6. and E.2. were discussed. The Committee concluded that when the requirements of paragraph I.B.5. subparagraph F.3.5. are achieved, paragraphs II.C.6. and II.E.2. may be redundant. A requirement that both parties concur on all future revisions may be added to F.3.5.

The next meeting will include further review of I.B.5-F.3.5 along with review of section I.F.1.d. Level of Service and section I.G. Annexation. The differences and ideas for reaching concurrence in the sidewalk, street lighting and frontage improvement sections will be examined.

Crown Pointe ProjectThe Board of Yakima County Commissioner’s will review the matter at a public hearing on June 3.

The next Intergovernmental Committee meeting is scheduled for Wednesday, June 18, beginning at 2:00 p.m., in the City Manager’s Conference Room.

Minutes ofYakima City Council Transportation and Transit Committee

City of Yakima Council ChambersYakima City Hall, 129 North 2nd Street, Yakima, WA 98901

Wednesday, May 21, 20084:00 – 5:30 p.m.

City Council Members Staff Other __Micah Cawley Dave Zabell, Asst. City Manager Paul Overby, SelahRick Ensey Chris Waarvick, Dir. Of Public WorksNeil McClure Debbie Baldoz, Accountant[Bill Lover (Alt)] Ken Mehin, Transit Manager

Brett Sheffield, Chief EngineerBob Desgrosellier, Senior EngineerWayne Deason, Street Operation Supr.Joan Davenport, Supr. Traffic EngineerLaura Vallejo, Bilingual DA II

Councilmember Neil McClure called the meeting to order at 4:00 p.m. He opened the meeting with the first item on the Transit Agenda, which relates to the Summer Free Ride Day that Transit has been providing for the past several years. Chris Waarvick stated that because of the interpretation they received from the Federal Transit Administration if they provide free bus service they must also provide free Dial-a-Ride service as well.

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Chris Waarvick and Ken Mehin both commented that it’s not a financial issue but the problem is not having the Dial-a-Ride capacity to provide the service.

At this point Transit is proposing to have just Free Saturday service, but discontinue Free Wednesdays. Micah Cawley asked if we could provide the service until we are fully booked and then let them know we can no longer take reservations for that day. Ken Mehin responded that we could not do that because of our existing Dial-A-Ride contract. Therefore, Micah Cawley motioned the call and Neil McClure seconded it.

Other items discussed were the Union Gap bus service re-bid and the upcoming meeting Yakima Transit has on June 2nd at Union Gap City Hall to defend their bid. Rick Ensey asked if there had been any changes to our bid and Ken Mehin responded that because their service is to be free, we had to raise our hourly rate by $4.00 an hour. He added that if our bid is rejected by Union Gap, they have 120-days to cease our existing service. Micah Cawley asked if City Council members can attend this meeting, and Ken Mehin responded that they can and he would like as many members as possible to attend.

Ken Mehin reviewed the 2007 Federal Transit Operating Grant status. Transit continues to work on meeting all their requirements and we are hoping to get the funding no later than the end of June. He explained we have also run to into some delays because the City’s firewalls haven’t allowed the transferring of all the reports. Chris Waarvick added that meanwhile Transit is prepared to delay a bus order if warranted. There will be a contingency plan developed and Ken Mehin will have an update for the Council by the end of the week. The fare increase was briefly mentioned and Transit would like to start the process this year to help defray increasing fuel costs.

Chris Waarvick brought up the Terrace Heights bus service grant that was declined. However, because of the interest from the community, Transit is looking at other funding options.

Neil McClure ended the meeting by recommending that the combined committee be separated. The reason being is that he feels the time frame for Transit has been shortened and at the same time Transportation is left waiting. He asked Ken Mehin how he felt and he responded that he agrees and we are no longer able to get into depth with some of Transit’s issues, and there isn’t the time to brainstorm any ideas. Paul Overby also agreed with both Neil McClure and Ken Mehin in that he would also like to see it go back to the way it was. Paul Overby added that he is available to attend either way, but feels that Transit segment should be separated off. Micah Cawley stated that they will try and reappoint the committee and Neil McClure said he would bring it up before the City Council. Micah Cawley motioned to move the committee and Neil McClure seconded it.

The Transit portion of this session concluded at 4:25 p.m.

Regarding the items under the “Transportation” portion of the agenda, Bob Desgrosellier provided an update of the Grade Separation Project, indicating Right of Way and Final plans are in process. The tentative schedule is for July bid process with construction to begin in October. The aesthetic portion has been approved for the Lincoln portion.

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The next item discussed was preparation for a presentation by Tim Eyman scheduled for Tuesday May 27, 2008 regarding his Congestion Relief Initiative (I-985). Joan Davenport summarized a report that identified the current conditions and efforts for traffic signal synchronization in the City of Yakima. It was noted that staff has been working on this project which is very important to efficient use of the Arterial Street system. In general, intersection and traffic signal improvements are critical, but expensive projects. The Yakima Urban Area Transportation Plan 2025 and the current 6-Year Improvement Plan lists these projects and supports the need to continue to make improvements. No action was required from the Committee.

Chris Waarvick presented a question to the Committee regarding the potential to include the Street Maintenance Best management Practices (BMP) Audit with the City-wide Performance Audit to be conducted by the State Auditor’s office. Council member Cawley agreed. The committee voted to table the street BMP study until after the city-wide Audit.

Chris Waarvick requested direction from the Committee regarding a Stakeholders process to begin discussion of long-term funding programs for transportation needs. Councilmember McClure indicated he thought neither the Council nor the public was ready for this, at this time. The Council needs to investigate options and priorities to generate direction for funding and projects. The Committee indicated they would like a full review of the 6-year Plan including capacity needs, safety projects, preservation issues and other critical areas for transportation funding. The consensus of the Committee was not to pursue a Stakeholders process for Transportation funding at this time.

Bob Desgrosellier gave a summary of the request from the Yakima Downtown Association for angled parking on 3rd Street, between Yakima Avenue and “A” Street. The Council committee was supportive of the plan and encouraged the project to be expanded from Yakima Avenue to Martin Luther King Jr. Boulevard.

A proposal by Yakima County Commissioners to acquire ADA compliant parking in the vicinity of the Courthouse using angled parking on Martin Luther King Jr. Boulevard was also discussed. Brett Sheffield indicated that angled parking would not be allowed on MLK Blvd because it is classified as a Principal Arterial. However, staff indicated they have had contact with County staff and will work on other options to add ADA compliant parking in the vicinity of the Courthouse.

Next regularly scheduled meeting is June 18, 2008 at 4:00 p.m.

ITEM 6

ITEM TITLE: Public Hearing and consideration of an ordinance to establish the Yakima Revenue Development Area for the Washington State Local Infrastructure Financing Tool (LIFT) program.

SUBMITTED BY: William R. Cook, Director

Department of Community and Economic Development

CONTACT PERSON/TELEPHONE: Michael A. Morales, Deputy Director CED

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575-3533SUMMARY EXPLANATION:

LOCAL INFRASTRUCTURE FINANCINT TOOL (LIFT) PROGRAM BACKGROUNDThe Department of Community and Economic Development is preparing an application for state funding through the Local Infrastructure Financing Tool (LIFT) program, due June 30, 2008. LIFT funds would be used to finance public infrastructure needed to accelerate redevelopment of the former Boise Cascade/Yakima Resources sawmill and plywood plant, and surrounding areas of public and private property.

The LIFT program is a form of tax increment financing that allows cities to finance infrastructure projects by using the increase of state local sales and property tax revenue related to a specific development area to pay debt service. LIFT funding can only be generated from a designated “Revenue Development Area” (RDA), and can only be used to support debt service for public infrastructure within the adopted RDA. The city is required to designate the RDA by ordinance prior to the LIFT application, and must hold a public hearing on the proposed ordinance.

The maximum state contribution is $1 million per year, subject to the actual revenue generated within the RDA, and must be matched dollar for dollar by the city. The economic analysis of the RDA demonstrates that the City could receive the maximum state contribution, but the amount of LIFT and local revenue allocated to the project will not be determined until 2011, following the initial base measurement year (2009), and the initial year of substantial economic activity (2010)..

PROPOSED YAKIMA RDA The proposed Yakima RDA consists of 556 acres of private and public property. The primary development area consists of approximately 224 acres, nearly all of which is the former Boise Cascade/Yakima Resources sawmill and plywood plant. Four smaller parcels that are included in the RDA are the vacant Jeld-Wen plant, the former Trail Wagons building (currently rented as an indoor soccer facility), a Pacific Power utility station, and one owner occupied, single family residence. The publicly owned acreage consists of Interstate 82 from the US 12 Interchange through the Yakima Avenue Interchange, along with the Yakima Greenway, and portions of city street rights of way. The western and southern boundaries of the RDA is almost completely controlled by the sawmill site, while the Northern and Eastern boundaries are publicly held property (city limits on the east). The southern boundary is a combination of public and private land. A map outlining the proposed RDA is attached to the proposed Ordinance, which also lists the specific parcels included in the RDA.

ESTIMATED COST OF YAKIMA RDA PUBLIC IMPROVEMENTSPlanning level cost estimates were prepared by JUB Engineers and McKay Sposito to determine the costs associated with making primary infrastructure improvements within the Yakima RDA, Per the requirements of the LIFT application, these cost estimates are based on 2008 construction costs and included estimates for planning, survey and design.

RDA Public Road System $30, 847, 125Includes Fair Avenue Roundabout connector, Utilities (water, sewer, stormwater),Site preparation, streets, trails, sidewalks

Interstate 82 Interchange Improvements $19,642,334

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Includes land acquisition, site preparation,Rail crossings, signalization.

Total Estimated of Public Improvements $50,489,459

Although these projects are anticipated and proposed for the LIFT application, the final determination of project selection and level of investment within the RDA will be determined by the City Council after the designation.

ECONOMIC IMPACTS OF THE YAKIMA RDAThe LIFT application requires that each RDA demonstrate its economic impact and likelihood of success. In order to ensure that the same methodology was used to calculate the impacts of all RDA’s, the state provided strict guidelines for applicants to use in their analysis. The modeling used to determine the economic impacts of the Yakima RDA followed these stringent requirements, and in doing so, a number of key assumptions were made:

Total site acreage for development Building square footages of commercial, residential, office and light industrial

development Total estimated costs of for site and building development Total estimated costs for public infrastructure improvements within the RDA Total projected construction and long-term employment

The results of this analysis are summarized below:

Total acreage 224Total cost of infrastructure improvements, including buildings

$308,977,419

Total acres of park and open space 21Total acres of commercial development 172Total square feet of commercial development 2,252,923Total number of units 171Total permanent jobs 3,901Total construction jobs 1,152Total annual state and local sales tax revenue $20,105,247Total annual state and local property tax revenue $6,351,092Total gross property value $508,285,78

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Again, the economic impact analysis was prepared in the context of LIFT application requirements. It is anticipated that these numbers will be reexamined and heavily discounted for the purpose of bond underwriting.

REQUESTED ACTION AND NEXT STEPSThe Council Economic Development Committee and staff recommend approval of the attached Yakima RDA Ordinance. This ordinance does not create any financial obligations for the city, and is only for the purpose of establishing an eligible area for the State Department of Revenue to measure economic activity, and for the city to use LIFT funds for infrastructure improvements.

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Following adoption, the ordinance will be submitted to the State DOR and the County Treasurer. CTED/CERB will review applications and make final decisions in September. No further action is required until the city is notified of its award status. Selection and design of public projects will not occur until late 2009.

STAFF RECOMMENDATION: Approve Ordinance

COMMITTEE RECOMMENDATION: Economic Development Committee recommends approval

ITEM 7

ITEM TITLE: Public Hearing to consider the results of the Washington State Auditor’s Office performance audit report on providing public records to citizens

SUBMITTED BY: Dave Zabell, Assistant City Manager

CONTACT PERSON/TELEPHONE: Deborah Moore, City Clerk, 575-6037Jodi Stephens, Public Records Officer, 575-6652

SUMMARY EXPLANATION: In November 2005, voters approved Initiative 900, giving the State Auditor’s Office the authority to conduct independent, comprehensive performance audits of government agencies on behalf of citizens. The purpose of these audits is to ensure accountability and guarantee that tax dollars are spent cost-effectively.

The State Auditor’s Office conducted an audit of “30 Entities’ Performance in Providing Public Records to Citizens” from November 2006 through March 2008 in accordance with generally accepted government auditing standards. The audit evaluated the operational performance of the City of Yakima and provided the results in a report issued May, 19, 2008. Copies of the full report are available in the City Clerk’s office.

The City of Yakima received high ratings from the State Auditor’s Office on 10 responses out of 10 requests. A copy of the City’s results is attached.

As directed by the State Auditor’s office, each participating entity is required to hold a public hearing within 30 days of the report’s issuance, receive public testimony and publish a summary of the public testimony on its web site after the hearing.

STAFF RECOMMENDATION: Conduct public hearing, receive testimony and accept the report.

ITEM 8

ITEM TITLE: 2007 Annual Report of the City of Yakima Fire Department

SUBMITTED BY: Yakima Fire Department

CONTACT PERSON/TELEPHONE: Charlie L. Hines, Fire Chief – 575-6060

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SUMMARY EXPLANATION:

See attached report

STAFF RECOMMENDATION: Approve as submitted

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ITEM 9

ITEM TITLE: Staff report regarding proposed debt financing for 2008 engineering street / traffic projects and financing for a new Fire Department ladder truck.

SUBMITTED BY: Dick Zais, City ManagerBill Cook, Director of Community and Economic DevelopmentCharlie Hines, Fire ChiefRita DeBord, Finance Director

CONTACT PERSON/TELEPHONE: Brett Sheffield, Chief Engineer – 576-6797Rita DeBord, Finance Director – 575-6070

SUMMARY EXPLANATION:

I. Engineering Streets / Traffic projects:

The approved 2008 budget included the issuance of a $2,050,000 bond for the design and construction of four capital improvement projects: (1) 3 rd Avenue Grind and Overlay – Chestnut Avenue to Mead Avenue; (2) Summitview Avenue and 66th Avenue Traffic Signal; (3) 16th Avenue and Bonnie Doone Pedestrian Crossing Signal; and, (4) Martin Luther King, Jr. Boulevard and 4th Street Pedestrian Crossing Signal. (Refer to the attached chart titled, “Projects Proposed for 2008 LTGO Bond” for more information on the 2008 budgeted projects.)

The two pedestrian crossing signal locations listed above are the highest rated priorities for pedestrian signals due to the traffic and pedestrian volume data that was used to rate projects. Given the limited resources available during the 2008 budget process, only the highest two ranking sites were funded.

At Council’s request, and the City Manager’s direction, staff has continued to research options for funding additional pedestrian crossings and we are pleased to announce that we have identified resources - from both internal and external sources - that could be utilized to fund two additional pedestrian crossings, should City Council so direct. These two additional locations are: 1st St and “N” St, which ranks #3 on the list of priority projects, and 16 th Ave and Hathaway location, which ranks #4.

The City’s ability to fund the 16th Ave / Hathaway pedestrian crossing project is largely due to the support and cooperation received from the Department of Social and Health Services (DSHS). Members of City Council and the City Manager, Dick Zais, contacted the Department of Social and Health Services, which is located very near 16th Avenue and Hathaway Street, and requested their participation and support in funding the pedestrian crossing signal, since many of their employees and clients cross the busy street at this location. DSHS was very supportive of this project and after their own internal funding research and budget adjustments, they have committed to contributing $120,000 for this project. Staff proposes that the remaining funds to construct

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these two pedestrian crossing signals come from REET 1 Cash Reserves ($150,000) and increasing the 2008 LTGO Bond by $130,000.

II. Fire Department Ladder Truck :

The Fire Department needs to replace the ladder truck currently assigned to Fire Station #91 (401 No. Front Street), which has reached the end of its useful service life. It is currently out of service approximately 30% of the time due to various mechanical breakdowns. A dependable ladder truck is critical to our mission; not having one would likely degrade the City’s WSRB rating - resulting in increased insurance premiums.

In addition to the engineering / streets projects noted above, Council approved the purchase of this new ladder truck for the Fire Department in the 2008 budget at an anticipated cost of approximately $1 million. At that time, staff anticipated utilizing $250,000 in cash reserves (from the Fire Capital Fund) and issuing debt for $750,000; utilizing REET 1 revenues to pay the debt service on the borrowing. However, after further study staff determined that REET 1 revenues are not eligible for this purpose. Therefore, a re-allocation of revenues was necessary to maintain compliance with regulations governing the use of these revenues.

Staff proposes to finance the purchase of the fire ladder truck by utilizing $250K of cash reserves ($150K from general fund reserves and $100K from the Fire Capital Fund reserves) with the balance paid from proceeds of a general obligation bond. Debt service on a 15 year, $750K, LTGO bond, using recent interest rate assumptions, is estimated to be approximately $75K annually.

Note: in 2007, the City issued 15 year, LTGO bonds to help fund the expansion of the West Valley Fire Station. The debt service on these bonds is approximately $75,000 annually and is paid from the City’s annual property tax levies. Staff proposes to shift these property tax revenues and re-allocate them to pay the debt service on the 2008 ladder truck bond and utilize the REET 1 revenues to pay the debt service on the 2007 Fire Station expansion. This funding reallocation will maintain compliance with regulations on the use of the property tax and REET 1 revenues and, essentially, utilizes the same funding sources and in similar amounts as originally planned.

Summary: The proposed 2008 LTGO Bonds would be increased to produce a total of $2,930,000 in bond proceeds. The attached chart titled “Projects Proposed for 2008 LTGO Bonds” outlines the proposed make-up of the 2008 LTGO bonds, including the total estimated costs for each project and staff’s funding proposals for each project, for Council’s review.

Note: (1) Depending on the cash flow needs of these projects and the timing of the

bond issue, some temporary bridge financing may be necessary. This will be determined as we further develop the bond issue schedule. Should

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bridge financing be necessary, this will be brought to Council for approval before proceeding.

(2) If Council approves the projects and funding plan as proposed herein, an

appropriation of $550,000 ($400,000 for the two additional pedestrian crossing projects and $150,000 for use of general fund reserves for the fire ladder truck) will be needed to authorize these budget expenditures. If Council approves these projects, these appropriations will be prepared and submitted to Council in the near future.

STAFF RECOMMENDATION: Approve Report and direct staff to proceed with projects and debt financings as proposed herein.

BOARD/COMMISSION RECOMMENDATION: (1) The Council Public Safety Committee approved the proposed changes to planned financing of the Fire Department’s ladder truck. (2) The Council Downtown Yakima Futures Initiative Oversight Committee recommended the alternative financing plan for the pedestrian crossing signal at 16th Ave. / Hathaway.

  Projects Proposed for 2008 LTGO Bonds

   Project Funding

Legen

d

#

ProjectsProject

Cost BondsOthe

r

  Grind Overlay (3rd.Ave., Mead-Chestnut) $1.4M $1.4M  

  Signal 66th Ave / Summitview   $350K $350K  

  Pedestrian Crossings: 4th St & M.L. King Jr. Blvd.   $150K $150K  

  Pedestrian Crossings: 16th Ave & Bonnie Doone   $150K $150K  

(1) Sub-total (2008 LTGO Bond as approved in 2008 budget)   $2.050M $2.050M  

(2) Pedestrian Crossings: 1st St & "N" St   $150K -- $150K

(3) Pedestrian Crossings: 16th Ave & Hathaway   $250K $130K $120K

(4) Fire Ladder Truck   $1.0M $750K $250K

 

Total $3.450M

$2.930M $520K

   

             

Legend:  (1) Proposed 12 yr. Bond for $2,050,000; Debt service: 2008 est. $50K; 2009 and thereafter est.

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$250K; paid 50 / 50 from REET 1 & 2 revenues. (Note: based on current market conditions, debt service is anticipated to be somewhat less than this amount; however, staff prefers to be very conservative in making market assumptions this far in advance of a debt issue.)

(2)Pedestrian crossing at 1st Street & 'N' St to be fully funded from REET 1 reserves. (A budget appropriation will be required should Council approve this project.)

(3)

Proposed pedestrian crossing signal at 16th Ave. & Hathaway - to be funded by a contribution of $120K from DSHS and $130K from proceeds of the 2008 LTGO bonds. Staff anticipates that adding an additional $130K to the previously authorized $2,050,000 bond will not significantly impact the previous debt service cost estimates due to the fact that these are preliminary estimates which are very conservative and allow for some market fluctuations and minor changes in debt proceed requirements. (Refer to debt service funding outlined in footnote (1), above for more information. Note: A budget appropriation will be required should Council approve this project.)

(4)Fire Ladder Truck to be partially funded by $250K from (Non-Reet 1) cash reserves ($100K - Fire Capital Fund and $150K from general fund reserves). The $750K balance to be funded by a 15 yr. LTGO bond; debt service will be approx. $75K annually and will be paid from property tax funds which were previously dedicated to pay debt service on the bonds issued to expand the W.V. Fire Station. (REET 1 funds will be used to pay the debt service on the Fire Station bonds.) Note: A budget appropriation of $150k from the General Fund will be required should Council approve this project.

ITEM 10

ITEM TITLE: Consideration of a Resolution Authorizing the Execution of an Architectural Services Agreement Between the City of Yakima and LCA Architects, P. A. for the Purpose of Performing a Feasibility Study Addressing the Need and Advisability of Replacement of the Existing Yakima Police Department Substation.

SUBMITTED BY: Samuel Granato CONTACT PERSON/TELEPHONE: Chief Samuel Granato-575-6211 Lt. Gary Belles-576-6547 Jeff Cutter-575-6030

SUMMARY EXPLANATION:In October 2007 the City Council directed City Staff to send out a Request for Qualifications (RFQ) to architectural firms capable of performing a comprehensive feasibility study of the need and advisability of replacing the Police Substation that is currently located at the airport and for expansion of the Yakima City Jail. LCA Architects, P. A. of Boise, Idaho was selected as the firm most suited to conduct the study. It is the joint recommendation of the Public Safety Committee and City Staff that the feasibility study be conducted in two phases, with that of Sub-station replacement to occur first, while the possibility of partnering with other jurisdictions for the purpose of jail expansion is explored further. The attached resolution would authorize the City of Yakima to enter into an architectural services agreement with LCA Architects for the purpose of conducting the Police Substation phase of the feasibility study, with an expected cost of up to $35,000.

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Additionally, the resolution would authorize the City Manager to sign and execute the Agreement on behalf of the City. While funds for this project have been identified, no appropriation authorizing their expenditure has yet been made. An appropriation will be forthcoming if the Council elects to enact the resolution.

STAFF RECOMMENDATION: Staff recommends approval.

BOARD/COMMISSION RECOMMENDATION: Council Public Safety Committee Recommends approval.

ITEM 11

ITEM TITLE: Consideration of Resolution authorizing Supplement No. 4 for the Professional Services Contract with BERGER/ABAM Engineers, Inc. for Railroad Grade Separation Project

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

CONTACT PERSON/TELEPHONE: Brett Sheffield, P.E., Chief Engineer 575-6111

SUMMARY EXPLANATION:On January 16, 2007, the City of Yakima extended the existing contract (2003-53) with a Supplement (Supplement No. 3) until June 30, 2008. Due to delays during the right of way acquisition phase (still ongoing), and recognition of work items not originally scoped in the contract, additional engineering and consulting services are required to complete right of way acquisition and final project design.

The completion date for this Supplement No. 4 with BERGER/ABAM Engineers, Inc. is December 31, 2008. The cost of the Supplement is an additional $210,989, making the total consultant contract amount to date $2,258,273. The City has been working with the consultant through several contract issues. The issues have been adequately addressed and we have consensus on the direction and scope of additional work needed.

Work completed and ongoing includes:

NEPA and SEPA completed and approved. Right of Way Plans completed and approved, acquisition in process Phase 1 (Underground utility relocations) has been constructed Final Design for Lincoln Avenue underpass at 90%. Final Design for MLK Blvd. underpass at 60% Current status of the funding --- See attached.

The extension of this contract is funded through Federal funds that have been secured through the appropriate agencies. There are sufficient funds to complete the Design, Right-of-way, and construct the Lincoln Avenue Underpass.Once the Design/Right-of-way phase is completed the City will need to negotiate with a consultant for future work on the construction inspection of this project. This will be presented to the City Council for approval before beginning the construction phase.

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STAFF RECOMMENDATION: Approve resolution authorizing Supplement No 4.

ITEM 12

ITEM TITLE: A Resolution authorizing the City Manager to execute a Professional Services Agreement with Surdex Corporation to provide LiDAR data acquisition and processing

SUBMITTED BY: Dave Zabell, Assistant City ManagerDouglas Mayo, Storm and Wastewater Division Manager

CONTACT PERSON/TELEPHONE: Douglas Mayo / 575-6077 SUMMARY EXPLANATION:Light Detection and Ranging (LiDAR) offers an efficient way to produce digital elevation models (DEMs) for high accuracy mapping and modeling applications. Surdex Corporation will provide a two-foot contour interval map of the flight area. Contour information is valuable for development reviews and infrastructure and land use planning efforts. The information will assist in meeting the mapping requirements of the NPDES Phase II Permit for Stormwater. This information is also beneficial to the public and will be available to private developers and engineers.

The attached resolution authorizes the City Manager to execute the attached Professional Services Contract with Surdex Corporation to provide LiDAR data acquisition and processing for the area specified. The Wastewater and Stormwater Funds will pay 66.6% and 33.3% respectively, of the service contract. The attached draft agreement identifies the tasks and estimated costs for services, not to exceed $136,000.

STAFF RECOMMENDATION: Respectfully request adoption of the resolution

ITEM 13A

ITEM TITLE: 1st Quarter 2008 Revenue and Expenditure Report

SUBMITTED BY: Dick Zais, City ManagerRita DeBord, Finance DirectorCindy Epperson, Financial Services Manager

CONTACT PERSON/TELEPHONE: Cindy Epperson, 575-6070

SUMMARY EXPLANATION:

The attached report provides a comprehensive summary of the City of Yakima’s 2008 budget and expenditure status through March 31, 2008. Overall, the 1st quarter activity reflects a stable, but guarded fiscal position. General City expenses are within budget estimates at 23.2% through March 31st, and General Government revenues are at 21.9% through this period. The City’s other operating and enterprise funds have generated revenues of 20.2% and expenditures of 20% of budget estimates this is through the first quarter of 2008.

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In several recent year-end reports a disturbing trend was discussed, whereby the rate of growth in revenue is less than the rate of growth in expenditures in General Government (i.e. tax supported) funds. This trend is likely to continue long-term because of the pressures of costs largely outside the control of the City (i.e. labor contracts; spiraling jail costs; mandated state retirement system costs; and other external private sector costs, such as private utilities, equipment, and fuel expenses. Note: Given the significant increases in fuel prices since the 2008 budget was prepared, staff anticipates that a budget adjustment for a fuel appropriation will likely become necessary by mid year.)

The 2008 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

ITEM 13B

ITEM TITLE: Accounts Receivable Status Report – 1st Quarter 2008

SUBMITTED BY: Finance Department

CONTACT PERSON/TELEPHONE: Cindy Epperson, Dep. Dir. of Acct/Budget, 575-6070Tim Jensen, Treasury Services Officer, 575-6070

SUMMARY EXPLANATION:

We are respectfully submitting the accounts receivable report as of March 31, 2008. This report lists all accounts receivable balances handled through Central Billing. (Includes: Gambling tax, Fire alarm monitoring, Section 108 & SIED Loans 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 Tax Status Exhibit III -- SIED Loans Exhibit IV – Local Improvement District (LID) Receivables

The balance of outstanding Receivables billed through Central Billing as of March 31, 2008 is: Gambling Taxes - $187,600; Section 108 Loans - $8,500; SIED Loans - $0; LID Assessments $431,720 (Including delinquencies of $16,844). Remaining Central Receivables $223,450 for a grand total of $851,270.

STAFF RECOMMENDATION: Accept Report.

ITEM 13C

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ITEM TITLE: 1st Quarter 2008 Treasury Report

SUBMITTED BY: Finance Department

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

SUMMARY EXPLANATION:

The Treasury Report for the 1st Quarter of 2008 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:

At their April 30th, 2008 regular policy meeting, the Federal Open Market Committee (Fed) lowered its target for the federal funds rate by 25 basis points to 2.00%. The FOMC has acted decisively and swiftly over the last eight months to mitigate the systemic crisis in the housing and financial products market, which started in the U.S., but has spread worldwide. Recent information

indicates that the outlook for economic activity continues to contract since year end. Growth in consumer spending has slowed as gas prices have continued to rise, and April consumer confidence came in at 58, the lowest index in decades. Labor markets have softened significantly in the fourth quarter of 2007 and are not much better in the first five months of 2008. Financial markets remain under considerable stress, and the tightening of credit, the continued widening of credit spreads to US Treasuries, and the deepening of the housing contraction are likely to have a negative effect on economic growth for the foreseeable future. GDP for the First Quarter of 2008 came in at .9%, slightly higher than expected, but not exactly positive, with inflation running just under 4%, most of that coming from energy and food prices. Consumers, (representing about 60% of GDP), are ill equipped to deal with gas and food prices, and have cut back on other discretionary spending, which has kept the inflation rate lower than it would otherwise be.

Inflation will continue to be an issue and some indicators of inflation expectations have risen. Due to the weakening of the dollar, imported commodities such as oil, and base metals used in manufacturing have become more expensive in the U.S. This trend has, in part, contributed to flat industrial production and capacity utilization even as business inventories continue to grow (largely a function of lowered consumer confidence and consumer spending). It will be necessary for the FED to monitor inflation developments carefully. They have made statements to this effect in recent policy announcements.

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The Fed has continued its policy of lending from the Discount Window to investment banks as they struggle to find liquidity. This means investment banks, trying to find cash liquidity to offset record losses from sub-prime mortgages and related investments, may now borrow cash directly from the Fed, just like a commercial bank would be allowed to do, at low interest rates. Some have suggested that this privilege should bring with it new and more stringent oversight requirements. That issue continues as the SEC, the FED and the Treasury Department try to work out exactly what those oversights should be.

The City’s Investment Portfolio:

The City is not invested in any Structured Investment Vehicles (SIV’s) at this time, nor will it be in the future. These types of investments, along with certain asset-backed Commercial Paper seem to be the epi-center of the credit failures. The City has no exposure to these types of instruments. We do hold bonds and notes drawn on such entities as the Federal Home Loan Bank, Freddie Mac, Fannie Mae and other Government Sponsored Enterprises. Many of these entities’ stock is currently suffering, but they have unlimited lines of credit with the US Treasury which makes their bonds credit quality tantamount to Treasuries. We feel the City has virtually no negative exposure to this general credit crisis as it currently exists.

Funds under management 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. The makeup of the Portfolio is weighted toward liquidity, with a high cash investment, reflecting the FED’s statements that they will not likely lower interest rates further in the near future. We feel rates will remain where they are or possibly rise somewhat in the near future.

The effective yield on the City’s portfolio for the quarter ended 3/31/2008 was 4.28%, with a current yield to maturity of 4.186%. Approximately 46% of the City’s $52 million portfolio was in overnight securities at March 31st, with more than half of that liquidity required to support expenditures on current projects. The average life of the total portfolio on March 31st was 347 days. Due to the crisis in the credit markets, and the Fed’s easing of credit policy, yields in 2008 will be significantly lower than 2007. We feel it is better to position the portfolio for a likely rebound in interest rates in 2009 rather than reach for somewhat higher, although meager, returns in 2008 by extending the duration of the portfolio.

Other Developments:

On May 6th, the City sold $8,840,000 in Water/Wastewater Revenue and Refunding Bonds to finance about $5.5 Million in Wastewater improvements and refund $3.340 Million in outstanding Revenue Bonds, saving the City approximately $87,000 in future debt service payments. The new bonds mature in November 2027, and the refunded bonds in 2018. The combined interest rate on the total issue was 4.01%, including legal, underwriting and insurance costs. In the credit review by Standard and Poor’s the System received a rare two-notch upgrade in its credit rating, from “A” to “AA-“. The increase was attributed to years of strong debt coverage, good financial planning, strong management practices and the governing body’s policy of adopting multi year rate increases to support long-term capital improvement needs. The bonds settled on June 5 th, and the proceeds are now in the bank.

Description of Treasurer’s Reports

• Portfolio Summary

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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

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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

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 14

ITEM TITLE: authorizing and directing the City Manager of the City of Yakima to execute a Release and Settlement Agreement to resolve and settle the claim for damages filed with the Yakima City Clerk by Crystal L. Dodge.

SUBMITTED BY: City Manager’s Office and Legal Department

CONTACT PERSON/TELEPHONE: Dick Zais, City Manager, 575-6040Dave Zabell, Assistant City Manager, 575-6040Helen A. Harvey, Senior Assistant City Attorney, 575-6030

SUMMARY EXPLANATION:

This matter is on for consideration of a Resolution authorizing the City Manager to execute a Release and Settlement in the claim for damages filed by Crystal L. Dodge.

The case settled for $200,000 on May 30, 2008, subject to the approval of the Yakima City Council. The insurance carrier’s contribution toward the total settlement amount is $125,000 and the City’s contribution is $75,000.

This case was settled in mediation with the assistance of mediator David Thorner of Thorner, Kennedy & Gano of Yakima. David Thorner is an experienced attorney and mediator who has served as a mediator in excess of 2,000 cases over a period of 20 years. A final settlement between the parties was reached, subject to the approval of the Yakima City Council on June 10th.

Attached is a copy of the “Final Mediated Settlement Agreement” dated May 30, 2008. It was signed on May 30, 2008, by Crystal Dodge, her attorney William Pickett, and attorney Bob Tenney. The contingency of approval by the Yakima City Council is discussed in the last sentence of the attached Final Mediated Settlement Agreement (“This settlement is only contingent on the approval of the Yakima City Council which shall be recommended by the undersigned attorney [Robert C. Tenney] and City management.”)

Also attached is a copy of the Release and Settlement that is recommended for execution by the City Manager. On June 3, 2008, Crystal Dodge signed the Release and Settlement Agreement releasing all of her claims arising from her alleged claim of disability discrimination by an officer and from her former employment at the Yakima Police Athletic League.

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The background of the claim for damages is as follows: on December 6, 2007, Crystal L. Dodge, represented by attorney William Pickett, filed a damage claim in the amount of $4,000,000 with the Yakima City Clerk. The claim arose out of Crystal Dodge’s claim that while she was an employee at the Yakima Police Athletic League, she was discriminated against based on her circumstances by a Yakima police officer. The alleged discrimination occurred from November 2005 through the Spring of 2006. Ms. Dodge left the employment of the Yakima Police Athletic League in June 2006.

When the City learned of the allegation of discrimination through a “whistleblower” complaint, the City ordered an investigation into the alleged discrimination. The outside investigation conducted by the Seabold Group found that one police officer had made fun of Ms. Dodge and treated her in an inappropriate manner. The investigation of the Seabold Group also concluded that the evidence did not establish that Chief of Police Granato’s actions toward Ms. Dodge were in retaliation for her complaints about the officer.

Through the mediation process, the case has settled, subject to the approval of the Yakima City Council. Staff respectfully requests that the City Council authorize and direct the City Manager of the City of Yakima to execute the Release and Settlement Agreement to resolve and settle the claim for damages of Crystal L. Dodge.

STAFF RECOMMENDATION: Adopt Resolution.

ITEM 15

ITEM TITLE: Consideration of a resolution authorizing the execution of an addendum to an Agreement 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. This contract had an expiration date of July 31, 2007, with provisions for two one-year extensions, which were inadvertently overlooked. Central Washington Occupational Medicine and the City of Yakima have acted in reliance on the agreement from August 1, 2007 to present and desire the exercise the option to renew through July 31, 2009 and on a limited basis, expand the services provided by CWOM.

The attached legislation authorizes an extension of the contract through August 2009 for random drug and alcohol screening services. In addition, this addendum also authorizes 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.

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Federal Transit Administration regulations require that these services be put out for bid in 2009 for services after August 1, 2009.

STAFF RECOMMENDATION: Adopt the resolution authorizing the execution of an addendum to an Agreement with Central Washington Occupational Medicine.

ITEM 16

ITEM TITLE: Consideration of an application by Lake Aspen Enterprises/Borton CA Storage for a right-of-way use permit to place screening in the City right-of-way at 1725 River Road and 1800 River Road.

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

CONTACT PERSON/TELEPHONE: William R Cook, Director of Community and Economic Development/509-575-6113

SUMMARY EXPLANATION: Lake Aspen Enterprises/Borton CA Storage has applied to place screening for security and noise control and landscaping in the City right of way at 1725 and 1800 River Road. The new screening and landscaping will be placed 14 feet into the City right of way. Borton had already granted the City 15 feet additional right of way for the River Road improvement project, which caused the existing sidewalk and parking lot to encroach into City right of way.

Compliance for access to street light poles and water meters has been assured by the applicant per requests from the Water/Irrigation and Utility Services departments.

The required proof of ownership and liability insurance outlined in Chapter 8.20 of the Yakima Municipal Code is on file in the Offices of Code Administration and Planning.

STAFF RECOMMENDATION: Approval of the Right of Way Use Permit

ITEM 17

ITEM TITLE: Consideration of a Resolution authorizing the execution of a contract amendment with KRAFT CONSULTING, of Yakima, Washington, to extend the Healthy Families Yakima program for an additional year

SUBMITTED BY: Cindy Epperson, Deputy Director of Accounting and Budgeting

CONTACT PERSON/TELEPHONE: Cindy Epperson, 575-6070Linda Kraft, Executive Director of Healthy Families, Yakima, 452-1519

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SUMMARY EXPLANATION:At their June 6, 2006, meeting, City Council adopted Resolution 2006-92 that authorized the City Manager to enter into an agreement with Kraft Consulting to engage Linda Kraft as Executive Director for the Healthy Families Yakima program for which the City had contracted with DSHS to be fiscal agent for a federal child support enforcement demonstration project.

The federal program had a 5-year commitment; however, the original contract with Kraft Consulting was only executed for 2 years, with the expectation that, as the program developed, there would likely be changes identified for future contracting periods. As a result of a program evaluation by DSHS, minor contract revisions were identified which included primarily the additional budget and reporting dates for the 3 rd

year. A contract amendment with DSHS was made at the April 15, 2008, Council meeting; this contract amendment basically mirrors that adjustment.

This is the end of the first 2-year term contract with the Executive Director. According to the original contract, dated June 30th, 2006, this contract may be extended by agreement of the parties for up to three (3) one-year extensions. This amendment is for the first of the three (3) one-year extensions, through March 31, 2009.

STAFF RECOMMENDATION:  Staff respectfully recommends approval of the resolution authorizing the City Manager to execute the contract with Kraft Consulting.

BOARD/COMMISSION RECOMMENDATION: The Steering Committee of Healthy Families Yakima has recommended this extension.

ITEM 18

ITEM TITLE: Consideration of a Resolution Transferring a Surplus Used Police Vehicle to Prosser Memorial Hospital.

SUBMITTED BY: Chief Granato, Police Department

CONTACT PERSON/TELEPHONE: Capt. Jeff Schneider - 575-6151

SUMMARY EXPLANATION:The Police Department has received a request from Prosser Memorial Hospital for the transfer of a used police vehicle. This vehicle is a 1996 Ford Expedition, which is no longer needed or used by the Yakima Police Department and is surplus. Normally this vehicle would be auctioned off, but due to its age and fuel consumption would bring in little money.

We believe it is in the spirit of cooperation and public safety to donate this vehicle to Prosser Memorial Hospital instead of auctioning it. It will be of more use in providing emergency medical care to the public if donated to Prosser Memorial Hospital than the benefit we would gain by the small amount of revenue we would realize in auctioning it.

STAFF RECOMMENDATION: It is recommended the Council adopt the resolution and transfer the used police vehicle to Prosser Memorial Hospital.

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ITEM 19

ITEM TITLE Final Contract Payment for General 308 Irrigation System Phase 3/Stage 1 Improvements – City Project No.: IR2180

SUBMITTED BY: Dave Brown - Water/Irrigation Division ManagerMike Shane - Water/Irrigation Engineer

CONTACT PERSON/TELEPHONE: Mike Shane – Water/Irrigation Engineer, 509-576-6480

SUMMARY EXPLANATION:This project sliplined approximately 4,700 linear feet of new 2”, 3”, 4”, and 6” HDPE irrigation pipe, trenched approximately 8,200 linear feet of new 2”, 3”, 4”, and 6” HDPE irrigation pipe, and installed 330 service connections, various valves and appurtenances.

The project replaced the existing irrigation main and services in the neighborhoods south of Pacific Avenue, north of East Nob Hill Boulevard, east of South 6th Street and west of South Fair Avenue. The project also replaced the existing irrigation main and services on Custer Avenue between West Lincoln Avenue and West A Street.

Final inspection for this project was made and the recommendation is that the project be accepted.

This Council action is to accept the project and approve the final construction costs.

Contractor: KRCI, LLCContract Award: 11/6/07Contract Cost: $1,366,814.86Final Contract Cost: $1,329,593.67Amt. This Payment: -0-

The above total contract cost is for construction only and does not include engineering and other costs.

STAFF RECOMMENDATION: Accept the project and approve final estimate.

ITEM 20

B Consideration of a resolution authorizing and directing the City Manager to acquire right-of-way under the Transportation Enhancement and Recreation and Conservation Office Grant Programs for the William O. Douglas Trail Connections Project.

SUBMITTED BY: Bill Cook, Director, Community & Economic DevelopmentRaymond L. Paolella, City Attorney

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CONTACT PERSON/TELEPHONE: Bill Cook, 575-6227Raymond L. Paolella, 575-6030Brett Sheffield, Chief Engineer, 576-6797

SUMMARY EXPLANATION:

The City Council has previously adopted resolutions authorizing submission of grant applications for Transportation Enhancement grants and Recreation and Conservation Office grants to complete the William O. Douglas Trail. These grants have been approved, and they earmark funds for right-of-way acquisition and pathway development. Recently, the Washington State Department of Transportation approved the trail right-of-way plan, and the attached resolution authorizes completion of the right-of-way and development efforts under the aforementioned grant programs.

STAFF RECOMMENDATION: Adopt resolution.

ITEM 21

ITEM TITLE: Consideration of an application by Lake Aspen Enterprises/Borton CA Storage for a right-of-way use permit to place screening in the City right-of-way at 1725 River Road and 1800 River Road.

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

CONTACT PERSON/TELEPHONE: William R Cook, Director of Community and Economic Development/509-575-6113

SUMMARY EXPLANATION: Lake Aspen Enterprises/Borton CA Storage has applied to place screening for security and noise control and landscaping in the City right of way at 1725 and 1800 River Road. The new screening and landscaping will be placed 14 feet into the City right of way. Borton had already granted the City 15 feet additional right of way for the River Road improvement project, which caused the existing sidewalk and parking lot to encroach into City right of way.

Compliance for access to street light poles and water meters has been assured by the applicant per requests from the Water/Irrigation and Utility Services departments.

The required proof of ownership and liability insurance outlined in Chapter 8.20 of the Yakima Municipal Code is on file in the Offices of Code Administration and Planning.

STAFF RECOMMENDATION: Approval of the Right of Way Use Permit

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ITEM 22

ITEM TITLE: Set Public Hearing dates for July 1st and July 15th 2008 to consider:A) Adoption of the Six-year Transportation Improvement Program for

the years 2009 to 2014, and to amend the Metropolitan Transportation Plan; and

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 plan for 2008 – 2013 consisted of fourteen funded projects. Some additional funding has been acquired since the last TIP and will be shown on the update with the first hearing. Funding for he remainder of the projects will continue to be sought.

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

The Transportation Equity Act of 1998 for the 21st Century (TEA-21) began with the passage of the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991. It specifies the systems on which certain funds can be used, expands the kinds of 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 requires each designated MPO to develop a Transportation Improvement Program, 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.

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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 will be 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 2009 to 2014. This will ensure that we are in compliance with the Growth Management Act and that we are consistent with the 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 1 and July 15, 2008 as hearing dates to review and adopt the updated six-year TIP and amend the Yakima Urban Area Comprehensive Plan Capital Facilities Element.

ITEM 23

ITEM TITLE: Consideration of Recommendations to Amend the Posted Speed on Various Arterial Streets and Amendment to the Yakima Municipal Code Section 9.50.370

(a) Report Regarding Arterial Speed Limit Study and Recommended Speed Limit Changes;(b) AN ORDINANCE relating to the regulation of Traffic and Rules of the Road within Yakima City Limits to change the speed limit of various streets, add streets that have been annexed into the City of Yakima and update the name of “B” Street to Martin Luther King Jr. Boulevard; amending section 9.50.370 Speed Limits of Chapter 9.50 of the City of Yakima Municipal Code

SUBMITTED BY: Chris Waarvick, Director of Public WorksJoan Davenport, Supervising Traffic Engineer

CONTACT PERSON/TELEPHONE: Joan Davenport, 576-6417

SUMMARY EXPLANATION:This review of the posted speed limits on Arterial Streets is an implementation measure from the Yakima Urban Area Transportation Plan 2025. Item “a” includes a summary of the findings of the technical study and recommendations for changes to the posted speed limit on various streets. In addition, a number of Arterial streets have been annexed into the City of Yakima that need to included in the Municipal Code. The public review of these recommendations began in February of 2008.

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Item “b” includes an ordinance to amend the speed limit regulations of the Yakima Municipal Code as recommended and outlined in the report.

STAFF RECOMMENDATION: Approve Ordinance.

BOARD/COMMISSION RECOMMENDATION: This action was recommended by the members of the City Council Transportation and Transit Committee

ITEM 24A

ITEM TITLE: An ordinance relating to Public Safety and Morals; repealing Chapter 6.11 entitled, “Criminal Street Gangs and Gang–Related Activities”, of which certain portions have been preempted by the recently adopted Washington State Law relating to Criminal Street Gangs, which goes into effect June 12, 2008; and repealing Chapter 6.11 of the City of Yakima Municipal Code.

SUBMITTED BY: Chief Sam Granato, Yakima Police DepartmentCynthia Martinez, Senior Assistant Attorney

CONTACT PERSON/TELEPHONE: Cynthia Martinez, Senior Assistant City Attorney575-6033

SUMMARY EXPLANATION: Last year, the City of Yakima, along with a number of other Yakima Valley cities, adopted an ordinance dealing with criminal street gangs in an effort to combat the growing criminal street gang problem. Last legislative session, the Washington State Legislature passed the Engrossed Second Substitute House Bill 2712 (HB 2712) entitled, “Criminal Street Gangs”. The approved HB 2712 has been signed by the governor and goes into effect on June 12, 2008. Portions of the newly adopted state law preempt local ordinance and an informal AGO issued last year questioned the constitutionality of other portions of the City of Sunnyside Ordinance. The language of the City of Yakima Ordinance is nearly identical to the City of Sunnyside ordinance. This ordinance would repeal the Yakima Municipal Code dealing with criminal street gangs adopted last year. It is anticipated that the Yakima City Council will pass a new Criminal Street Gang Ordinance which incorporates the language of HB 2712. This ordinance must be passed before the new proposed Criminal Street Gang Ordinance may be adopted. STAFF RECOMMENDATION: Pass Ordinance.

COUNCIL COMMITTEE/ BOARD/COMMISSION RECOMMENDATION: The Public Safety Committee unanimously recommends that the Yakima City Council adopt this ordinance.

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ITEM 24B

ITEM TITLE: An ordinance relating to Public Safety and Morals; adopting portions of the newly adopted Washington State Criminal Street Gangs law (HB 2712), effective June 12, 2008, including definitions for the terms, “criminal street gang”, “criminal street gang associate or member”, “criminal street gang–related offense”, and “pattern of criminal street gang activity”; adopting Section 306 of the Engrossed Second Substitute House Bill 2712 dealing with criminal street gang tagging and graffiti; imposing mandatory minimum sentences for misdemeanor and gross-misdemeanor criminal street gang-related offenses; and creating a new Chapter 6.11 of the City of Yakima Municipal Code.

.SUBMITTED BY: Chief Sam Granato, Yakima Police Department

Cynthia Martinez, Senior Assistant Attorney

CONTACT PERSON/TELEPHONE: Cynthia Martinez, Senior Assistant City Attorney575-6033

SUMMARY EXPLANATION: Last legislative session, the Washington State Legislature passed the Engrossed Second Substitute House Bill 2712 (HB 2712) entitled, “Criminal Street Gangs”. The approved HB 2712 has been signed by the Governor and goes into effect on June 12, 2008. This proposed City of Yakima ordinance entitled, “Criminal Street Gangs”, incorporates the new Washington State definitions for the terms, “criminal street gang”, “criminal street gang associate or member”, “criminal street gang–related offense”, and “pattern of criminal street gang activity”; adopts Section 306 of the Engrossed Second Substitute House Bill 2712 dealing with criminal street gang tagging and graffiti; and imposes mandatory minimum sentences for misdemeanor and gross-misdemeanor criminal street gang-related offenses.

STAFF RECOMMENDATION: Pass Ordinance.

COUNCIL COMMITTEE/ BOARD/COMMISSION RECOMMENDATION: The Public Safety Committee unanimously recommends that the Yakima City Council adopt this ordinance.

ITEM 25

ITEM TITLE: An Ordinance authorizing the City to enter into an agreement specified in the Ordinance with Noel Communications, Inc. (“Noel”) for the purpose of leasing to Noel access to and space in the conduit within the conduit system owned by the City of Yakima that is located under the sidewalks along Yakima Avenue from Ninth Street to Seventh Avenue in the City of Yakima, Washington, for the purpose of Noel’s installing, operating and maintaining Noel’s fiber optic cable, in exchange for consideration as described in the Ordinance; and setting forth provisions, terms and conditions accompanying the access to and space in the conduit; and setting an effective date.

SUBMITTED BY: Chris Waarvick, Director of Public Works, 575-6005Rick Pettyjohn, Information Systems Manager, 575-6098

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CONTACT PERSON/TELEPHONE: Chris Waarvick, 575-6005 and Rick Pettyjohn, 575-6098

SUMMARY EXPLANATION:The attached Ordinance (the “Ordinance”) authorizes the City of Yakima (“City”) to lease to Noel Communications, Inc. (“Noel”) access to and space in conduit within the conduit system owned by the City of Yakima that is located under Yakima Avenue from Ninth Street to Seventh Avenue in the City of Yakima, Washington, in exchange for consideration as described in the Ordinance.

The consideration for the grant of the lease in the leased conduit consists of an exchange of services. The exchange of services shall remain in effect for the term of the agreement. The City shall provide Noel access to and space in the leased conduit, and Noel will install, operate and maintain Noel’s fiber optic cable in the conduit. Noel shall provide 50Mb (Megabits per second) of DIA (Direct Internet Access) to the City. The DIA delivery location will be specified in the Ordinance. The initial 10-year term value of DIA service is valued at $39,000 a year, or a total of $390,000. The term authorized by the Ordinance is for a period of ten (10) years, subject to an option to extend for ten (10) additional years if the City and Noel can reach a mutually satisfactory agreement on the value of the services for the additional ten-year (10) period.

STAFF RECOMMENDATION: Pass Ordinance.

COUNCIL INFORMATIONJUNE 10, 2008

1. News Release: Power House Road Closure – June 11, 20082. City Meeting Schedule for week of June 9 – June 16, 20083. Preliminary Future Activities Calendar as of June 9, 20084. Preliminary Future Council Agenda Items5. Memorandum dated June 10, 2008 – 1st Quarter 2008 Municipal Court Office

Statistics6. City of Yakima Planning Division Assignments Pending for staff meeting

6/10/087. News/magazine articles:

“Ready by Five looks to MLK Park,” Yakima Herald-Republic, June 5, 2008

“Billion-dollar Boise?” Yakima Herald-Republic, June 3, 2008 “Budget cuts might affect justice system,” The Olympian, June 4, 2008 “Feedback sought on proposed jail sites,” Seattle Post-Intelligencer,

June 4, 2008 “Soaring fuel costs dent government budgets,” Seattle Post-

Intelligencer, June 4, 2008 “King County Metro dealing with deficit caused by high gas prices,”

Seattle Post-Intelligencer, June 5, 2008 “Topless in Wine Country? Zillah casino owner applies for adult

entertainment license,” Yakima Herald-Republic, June 5, 2008

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“WSP toxicology lab failures threaten DUI cases,” SpokesmanReview.com, June 5, 2008

“Detroit councilman could push for city manager government,” The Detroit News detnews.com, May 27, 2008

“Out on the Town in Downtown Yakima,” Committee for Downtown Yakima, June 5, 2008

CITY MEETING SCHEDULEFor the week of June 9, 2008 – June 16, 2008

Please note: Meetings are subject to change

Monday, June 98:30 a.m. Police Pension Meeting – Mayors Office9:15 a.m. Fire Pension Meeting – Mayors Office10:00 a.m. Mayors Media Briefing – Council Chambers

Wednesday, June 118:30 a.m. Council Neighborhood Development Committee Meeting – Council Chambers3:00 p.m. Regional Planning Commission – Council Chambers5:30 p.m. Parks and Recreation Commissions – Council Chambers

Thursday, June 129:00 a.m. Hearing Examiner – Council Chambers2:30 p.m. Council Budget Committee – Council Chambers4:30 p.m. Bicycle Pedestrian Committee Meeting – Council Chambers

Saturday, June 1412:00 p.m. 3rd Annual Tieton Flag Day Celebration – Tieton Square

Office Of Mayor/City Council Preliminary Future Activities Calendar

  Please Note: Meetings are subject to change  

Meeting Date/Time Organization Meeting Purpose Participants Meeting Location

Mon. June 9          8:30 a.m. Police Pension Scheduled Meeting Johnson Mayor's Office

9:15 a.m. Fire Pension Scheduled Meeting Johnson Mayor's Office

10:00 a.m. Mayors Media Briefing Scheduled Meeting Edler Council Chambers

12:00 p.m. Chamber Luncheon Scheduled Meeting Edler, Coffey Clarion

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4:00 p.m. Council Boards and Commissions Meeting

Scheduled Meeting Cawley, McClure, Johnson

Mayor's Office

5:30 p.m. Westside Merchants Association

Scheduled Meeting Edler, Johnson Picatti Brothers  

Tue. June 10          1:00 p.m. Miscellaneous Issues Scheduled Meeting Edler, Cawley TBA

5:00 p.m. Executive Session Scheduled Meeting Council Council Chambers

6:00 p.m. Council Meeting Scheduled Meeting Council Council Chambers  

Wed. June 11          7:15 a.m. Sports Commission

MeetingScheduled Meeting Coffey Convention Center

8:30 a.m. Council Neighborhood Development Committee

Scheduled Meeting Lover, McClure, Coffey

Council Chambers

Thur. June 12          1:30 p.m. Clean Air Authority Board

MeetingBoard Meeting Lover Yakima County

2:30 p.m. Council Budget Committee Scheduled Meeting Cawley, McClure, Coffey

Council Chambers

4:30 p.m. Bike Ped Committee Meeting

Scheduled Meeting McClure Council Chambers

5:30 p.m. YCDA Board Meeting Board Meeting McClure New Vision

7:00 p.m. YVCC Annual Commencement

Ceremony

Scheduled Event Open Parker Field  

Sat. June 14        12:00 p.m. 3rd Annual Tieton Flag

Day CelebrationScheduled Event Open Tieton Square  

Mon. June 16          8:30 a.m. EMS Board Meeting Board Meeting Edler Yakima County

1:30 p.m. YVCOG Executive Committee Meeting

Scheduled Meeting Johnson YVCOG Office

Tue. June 17          8:00 a.m. Tourism Promotion Area Scheduled Meeting Johnson Convention Center

10:00 a.m. Valley Mall Blvd. Groundbreaking

Scheduled Event Open 2105 S. 16th Avenue

12:00 p.m. OIC Board Meeting Board Meeting Johnson OIC Conference Room

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1:00 p.m. Miscellaneous Issues Scheduled Meeting Edler, Cawley TBA

6:00 p.m. AWC Opening Reception Scheduled Event Council Yakima Valley Museum

 

Wed. June 18          9:00 a.m. AWC Pre Conference

WorkshopsScheduled Meeting Council Convention Center

10:00 a.m. Big City Mayor's Meeting Scheduled Meeting Edler Red Lion Lower Terrace

11:45 a.m. AWC Parade of Flags Scheduled Meeting Council Convention Center

1:00 p.m. AWC Governor's Speech Scheduled Meeting Council Convention Center

1:45 p.m. Downtown Futures Initiative Celebration

Scheduled Event Council Front Street & Yakima Avenue

2:00 p.m. City/County Intergovernmental Meeting

Scheduled Meeting Edler, McClure, Johnson

CM Conference Room

4:00 p.m. Council Transit/Transportation

Committee Meeting

Scheduled Meeting McClure, Cawley, Ensey

Council Chambers

6:00 p.m. AWC Front Street Dinner Scheduled Meeting Council Front Street

Thur. June 19          7:30 a.m. AWC Municipal Excellence

AwardsScheduled Meeting Council Convention Center

10:00 a.m. Yakima Basin Water Resources

Scheduled Meeting Lover Yakima Public Works

Fri. June 20          10:30 a.m. AWC Annual Business

MeetingScheduled Meeting Edler, McClure,

JohnsonConvention Center  

Mon. June 23          9:00 a.m. Destination Positioning

MarketingScheduled Meeting Edler Convention Center

10:30 a.m. IT Regional Task Force Scheduled Meeting Johnson, Lover Yakima County

12:00 p.m. Greenway Board Meeting Board Meeting McClure Greenway Visitors Center

12:00 p.m. Capitol Theatre Board Meeting

Board Meeting Coffey Capitol Theatre  

Wed. June 25          8:30 a.m. Downtown Futures

Initiative Committee Meeting

Scheduled Meeting Johnson, Ensey, Coffey

Council Chambers

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3:30p.m. Citizens for a Safe Community

Scheduled Meeting Edler Chamber of Commerce

 

Thur. June 26          7:30 a.m. Airport Board Meeting Board Meeting Lover (alt) Airport Conference

Room

10:00 a.m. PFD Board Meeting Board Meeting Johnson Convention Center

6:00 p.m. Valley Mayor's Meeting Scheduled Meeting Cawley Toppenish

Fri. June 27          9:00 a.m. Joint Board Board Meeting Lover Velikanje Halverson  

Mon. June 30          10:00 a.m. Mayors Media Briefing Scheduled Meeting Edler Council Chambers

Tue. July 1          1:00 p.m. Miscellaneous Issues Scheduled Meeting Edler, Cawley TBA

5:00 p.m. Council Study Session Scheduled Meeting Council Council Chambers

6:00 p.m. Council Meeting Scheduled Meeting Council Council Chambers

Wed. July 2          2:00 p.m. Council Public Safety

CommitteeScheduled Meeting Johnson, Lover,

EdlerCouncil Chambers

4:00 p.m. Council Economic Development Committee

Scheduled Meeting Ensey, McClure, Cawley

Council Chambers

4:00 p.m. Committee for Downtown Yakima

Scheduled Meeting Johnson CDY Office

7:00 p.m. Regional Stormwater Planning Group

Scheduled Meeting Lover, McClure Harman Center

Thur. July 3          3:30 p.m. Citizens for a Safe

CommunityScheduled Meeting Edler Chamber of

Commerce

Fri. July 4          City Offices Closed - 4th of July        

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