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HomeMy WebLinkAbout2017-07-20 NCBC Agenda PktYakima City Council Committee Neighborhood & Community Building Committee (NCBC) Council Chambers, City Hall – 129 N 2nd St, Yakima, WA Thursday July 20, 2017 2:00 p.m. City Council City Staff Councilmember Dulce Gutiérrez (Chair) Cliff Moore, City Manager Councilmember Avina Gutiérrez Joan Davenport, Community Development Director Councilmember Carmen Méndez Sara Watkins, Senior Assistant City Attorney Councilmember Holly Cousens (alternate) Agenda 1) Final Approval of Subdivision of Land (J. Calhoun) 2) Review & Discussion of Previous Building Permit Fee Ordinances (G. Denman/S. Watkins) 3) Code Enforcement: Overgrown Vegetation (S. Watkins/ J. Davenport) 4) Update on City Public Relations, Social Media, Press Releases, and Monthly Newsletter (C. Moore) 5) Presentation of Final Report from Ethics & Equal Rights Exploratory Committee (Maria Rodriguez) 6) Board Appointed Reports – Standing Items a) Yakima Planning Commission (A. Gutiérrez) b) Homeless Network (C. Méndez) c) Parks & Recreation Commission (D. Gutiérrez) d) Henry Beauchamp Community Center (A. Gutiérrez) e) Historic Preservation (A. Gutiérrez) f) TRANS-Action Committee (D. Gutiérrez) g) Transit Development Plan / Transit Related Issues (D. Gutiérrez) i) Update on Simme Seat Benches Placement Locations and Timeline h) Ethics & Equal Rights Committee (A. Gutiérrez) – Draft minutes 06/01/2017 i) Community Integration Committee (D. Gutiérrez) – 06/12/2017 & 06/26/2017 Minutes j) Bike/Pedestrian Committee (C. Méndez) i) Report on Bike Patrol Range Outside Downtown Area 7) Other Business / Requests a) Approve Minutes of 06/29/2017 b) Future Items c) Recap of Deliverables for Next NCBC Meeting d) Interpreter for Next Meeting (48-hr advance notice) 8) Audience Participation Next Meeting: August 17, 2017 The complete agenda packet is available online at: https://www.yakimawa.gov/council/city-council-committees/ 001 MEMORANDUM To: Yakima City Council Neighborhood and Community Building Committee From: Joan Davenport, Director of Community Development Joseph Calhoun, Planning Manager Date: July 20, 2017 Subject: Final Approval of Subdivision of Land The recently passed Senate Bill 5674 (attached), effective July 23, 2017, modifies the state- mandated process for the submission of Final Plats. Currently, Final Plats are required to be reviewed by Council and signed by the Mayor. When effective, state law will change to allow, by Ordinance, Final Plat consideration and approval by “an established planning commission or agency, or to such other administrative personnel…” The Final Plat approval process is largely an administrative function. The Preliminary Plat approval that is passed by Council resolution after a public hearing establishes certain conditions required to be in place or bonded for prior to Final Plat approval. When submitted, staff reviews the Final Plat and determines consistency with the Preliminary Approval. When all conditions are satisfied, the Final Plat is brought to Council for approval and signature. The revised state law promotes a more streamlined process for Final Plat approval by allowing for Planning Commission or Staff review and approval. To enact a similar change to YMC § 14.20.220, formal review and recommendation from the Planning Commission will be required prior to Council consideration. 002 CERTIFICATION OF ENROLLMENT SENATE BILL 5674 65th Legislature 2017 Regular Session Passed by the Senate March 3, 2017 Yeas 44 Nays 0 President of the Senate Passed by the House April 12, 2017 Yeas 55 Nays 43 Speaker of the House of Representatives CERTIFICATE I, Hunter G. Goodman, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5674 as passed by Senate and the House of Representatives on the dates hereon set forth. Secretary Approved FILED Governor of the State of Washington Secretary of State State of Washington 003 AN ACT Relating to the final approval of subdivisions of land;1 and amending RCW 58.17.100, 58.17.170, and 58.17.190.2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3 Sec. 1. RCW 58.17.100 and 1995 c 347 s 428 are each amended to4 read as follows:5 If a city, town or county has established a planning commission6 or planning agency in accordance with state law or local charter,7 such commission or agency shall review all preliminary plats and make8 recommendations thereon to the city, town or county legislative body9 to assure conformance of the proposed subdivision to the general10 purposes of the comprehensive plan and to planning standards and11 specifications as adopted by the city, town or county. Reports of the12 planning commission or agency shall be advisory only: PROVIDED, That13 the legislative body of the city, town or county may, by ordinance,14 assign to such commission or agency, or any department official or15 group of officials, such administrative functions, powers and duties16 as may be appropriate, including the holding of hearings, and17 recommendations for approval or disapproval of preliminary plats of18 proposed subdivisions.19 Such recommendation shall be submitted to the legislative body20 not later than fourteen days following action by the hearing body.21 SENATE BILL 5674 Passed Legislature - 2017 Regular Session State of Washington 65th Legislature 2017 Regular Session By Senators Palumbo and Fain Read first time 02/02/17. Referred to Committee on Local Government. p. 1 SB 5674.PL 004 Upon receipt of the recommendation on any preliminary plat the1 legislative body shall at its next public meeting set the date for2 the public meeting where it shall consider the recommendations of the3 hearing body and may adopt or reject the recommendations of such4 hearing body based on the record established at the public hearing.5 If, after considering the matter at a public meeting, the legislative6 body deems a change in the planning commission's or planning agency's7 recommendation approving or disapproving any preliminary plat is8 necessary, the legislative body shall adopt its own recommendations9 and approve or disapprove the preliminary plat.10 Every decision or recommendation made under this section shall be11 in writing and shall include findings of fact and conclusions to12 support the decision or recommendation.13 A record of all public meetings and public hearings shall be kept14 by the appropriate city, town or county authority and shall be open15 to public inspection.16 Sole authority to ((approve final plats, and to)) adopt or amend17 platting ordinances shall reside in the legislative bodies. The18 legislative authorities of cities, towns, and counties may by19 ordinance delegate final plat approval to an established planning20 commission or agency, or to such other administrative personnel in21 accordance with state law or local charter.22 Sec. 2. RCW 58.17.170 and 2013 c 16 s 2 are each amended to read23 as follows:24 (1) When the legislative body of the city, town, or county, or25 such other agency as authorized by RCW 58.17.100, finds that the26 subdivision proposed for final plat approval conforms to all terms of27 the preliminary plat approval, and that said subdivision meets the28 requirements of this chapter, other applicable state laws, and any29 local ordinances adopted under this chapter which were in effect at30 the time of preliminary plat approval, it shall suitably inscribe and31 execute its written approval on the face of the plat. The original of32 said final plat shall be filed for record with the county auditor.33 One reproducible copy shall be furnished to the city, town, or county34 engineer. One paper copy shall be filed with the county assessor.35 Paper copies shall be provided to such other agencies as may be36 required by ordinance.37 (2)(a) Except as provided by (b) of this subsection, any lots in38 a final plat filed for record shall be a valid land use39 p. 2 SB 5674.PL 005 notwithstanding any change in zoning laws for a period of seven years1 from the date of filing if the date of filing is on or before2 December 31, 2014, and for a period of five years from the date of3 filing if the date of filing is on or after January 1, 2015.4 (b) Any lots in a final plat filed for record shall be a valid5 land use notwithstanding any change in zoning laws for a period of6 ten years from the date of filing if the project is not subject to7 requirements adopted under chapter 90.58 RCW and the date of filing8 is on or before December 31, 2007.9 (3)(a) Except as provided by (b) of this subsection, a10 subdivision shall be governed by the terms of approval of the final11 plat, and the statutes, ordinances, and regulations in effect at the12 time of approval under RCW 58.17.150 (1) and (3) for a period of13 seven years after final plat approval if the date of final plat14 approval is on or before December 31, 2014, and for a period of five15 years after final plat approval if the date of final plat approval is16 on or after January 1, 2015, unless the legislative body finds that a17 change in conditions creates a serious threat to the public health or18 safety in the subdivision.19 (b) A subdivision shall be governed by the terms of approval of20 the final plat, and the statutes, ordinances, and regulations in21 effect at the time of approval under RCW 58.17.150 (1) and (3) for a22 period of ten years after final plat approval if the project is not23 subject to requirements adopted under chapter 90.58 RCW and the date24 of final plat approval is on or before December 31, 2007, unless the25 legislative body finds that a change in conditions creates a serious26 threat to the public health or safety in the subdivision.27 Sec. 3. RCW 58.17.190 and 1969 ex.s. c 271 s 19 are each amended28 to read as follows:29 The county auditor shall refuse to accept any plat for filing30 until approval of the plat has been given by the appropriate31 legislative body, or such other agency as authorized by RCW32 58.17.100. Should a plat or dedication be filed without such33 approval, the prosecuting attorney of the county in which the plat is34 filed shall apply for a writ of mandate in the name of and on behalf35 of the legislative body required to approve same, directing the36 p. 3 SB 5674.PL 006 auditor and assessor to remove from their files or records the1 unapproved plat, or dedication of record.2 --- END --- p. 4 SB 5674.PL 007 FINAL APPROVAL OF SUBDIVISIONS OF LAND BACKGROUND: On April 27, 2017, Governor Jay Inslee signed into law Senate Bill 5674, providing a local option to allow administrative approval of the final plat process on long subdivisions. Specifically, the new law allows local jurisdictions to change the final plat approval process for subdivisions from a legislative approval process to one that is administrative, meaning local governments can delegate final plat approval to planning directors or other designated authorities. It is a strictly local option for city and county councils who choose to make the change. The change brings final long plat approvals into alignment with the approval process for short plats (nine or fewer lots) authorized under RCW 58.17. As with short plats, planning departments currently make final decisions on building permits, variances, administrative conditional use permits, shoreline substantial development permits, binding site plans, and boundary line adjustments, among others. Administrative approvals in land use matters are not unprecedented. The change is intended to provide significant efficiencies in many jurisdictions where it can take a long time to get a final plat through the legislative process. The new law (Chapter 161, 2017 Laws) becomes effective July 23, 2017. SUBDIVISION APPROVAL: Approval of subdivisions in Washington state involves a two-step process: 1) approval of the preliminary plat, which is a drawing that shows the general layout of a subdivision; and 2) approval of the final plat, including a final drawing of the subdivision prepared for filing with the county auditor that contains all elements and requirements set forth in state statutes and local regulations. Preliminary plat approvals are made by legislative authorities in counties and cities and include all conditions that must be satisfied before construction begins. By the time a preliminary plat is approved, all building and environmental issues must be resolved. Final plat approval certifies that all conditions of preliminary plat approval have been satisfied. At the final plat approval stage, the process is essentially administrative. It is not discretionary if all conditions have been met, and that is determined by final inspections of the permit granting agency of the city or county. RIGHTS OF APPEAL: Under this new law, preliminary plat approval remains the sole province of elected councils, often delegated to a professional hearing examiner. It does not change any environmental requirements, nor the public process or ability to appeal. Allowing administrative approval of the final plat process in no way affects any party’s appeal rights. Citizens retain all Land Use Petition Act (LUPA) appeal rights under this new law, and preliminary plats may still be appealed to a jurisdiction’s legislative authority or hearing examiner. 008 BENEFITS OF ALLOWING ADMINISTRATIVE APPROVAL OF THE FINAL PLAT PROCESS: In larger jurisdictions legislation to approve final plats is often delayed due to more pressing business before city and county councils, such as budget adoption or other major legislation that can consume several weeks. As a result, a final approval can be delayed, sometimes for months, even though a project is ready to go and substantial investments have been made. Delegating final plat approval to planning directors or other designated authorities could save weeks and even months of delay in getting on council agendas for final approval in what is largely a pro forma action. Eliminating this step will also save staff time associated with preparing the final plat package for council. Furthermore, allowing administrative approval of final plats will bring greater efficiency to the permit process, which is important for promoting housing affordability. In homebuilding, time is money, and anything that reduces unnecessary delays in the permit process helps to lower another cost pressure on housing. Administrative Approval of Final Plats:  Saves Time  Brings Greater Efficiency to Permit Process  Reduces an Unnecessary Cost Pressure on Housing 009 MEMORANDUM To: Yakima City Council Neighborhood and Community Building Committee From: Glenn Denman, Supervising Code Inspector Date: July 20, 2017 Subject: Building Permit Fee Housekeeping Update The City of Yakima adopted an ordinance (2004-83, effective January, 2005) to establish fees for permits (building, plumbing, and mechanical permits) in the form of fee tables. At the bottom of these fee tables, (found in YMC 11.04.030, Schedule of Fees), there was added a caveat that stated “Beginning January 1, 2006, and on January 1 of each subsequent year, the fees in this table shall be adjusted automatically to account for any increase in the Consumer Price Index (CPI) for the Seattle area (Seattle CPI).” After January 1 of each year, city staff would raise or lower fees in our actual permit tracking system to reflect the percentage of the CPI level for actual permit costs, but they did not change the fee table in the Yakima Municipal Code by ordinance nor would they take a new table to council for approval, since they were to adjust automatically anyway. In January of 2014 an ordinance was adopted (2014-037, effective January 2015) to cease the automatic changing of fees using the Seattle CPI, freezing in place 2014 fees. The new ordinance only removed the CPI caveat at the bottom of the fee tables. However, the fees in the tables are still showing 2004 levels, when the automatic adjusting of fees started. With the CPI caveat now removed, there is no longer an indicator showing why the fees are higher today than they were in 2004. The 2014 fees remain in place, which reflect the 2014 ordinance that ended the automatic adjustment for CPI. The proposed housekeeping measure will update the 2004 amounts in the fee tables that had changed year by year in accordance with the CPI, to be the same as the fees that were frozen in place in 2014, so that the fee tables in the ordinance will be the same as are reflected in our permit tracking system and charged at the front counter. There will be no increases to our current fees, as established in 2014. If the members of the City of Yakima Neighborhood and Community Building Committee agree to update the out of date Building Fees shown in YMC 11.04.030 to the 2014 value, this item will be prepared in an ordinance format and submitted to the full Yakima City Council. 010 MEMORANDUM To: Yakima City Council Neighborhood and Community Building Committee From: Joe Caruso, Code Administration Manager / Fire Marshal Date: July 20, 2017 Subject: Overgrown Vegetation The devastating fires in Yakima County and throughout the State of Washington have caused significant damages to land and property. With a significantly wet winter and extreme high summer temperatures, excessive overgrown vegetation has taken its toll. Code Compliance Officers within the Code Administration Division are responsible for this enforcement. Currently, Code Administration has the following Yakima Municipal Codes to enforce along with citation ability: Overgrown Excessive Vegetation. • 2015 International Fire Code…Section 304 Combustible Waste Material Chapter 304.1.2 Vegetation Vegetation…Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in urban-wildland interface areas shall be in accordance with the International Wildland-Urban Interface Code. • YMC Chapter 11.10 Neighborhood Conservation Section 11.10.060 “Nuisance” “Nuisance” includes (a) a nuisance defined by statute or ordinance; (b) a nuisance at common law, either public or private; (c) an attractive nuisance, whether in or on a building, a building premises or an unoccupied lot. Abandoned or inoperative vehicles or other equipment, lumber, fencing; vegetation or other debris • YMC Chapter 11.10 Neighborhood Conservation Section 11.10.020 “Emergencies” The provision of this chapter shall not prevent the Director or any other officer of the City Of Yakima or other governmental unit from taking any other action, summary or otherwise, necessary to eliminate or minimize an imminent danger to the health or safety of any person or property. Currently, I have the enforcement ability to declare a parcel an “Imminent Danger” under the Emergencies Section in 11.10.020 utilizing my professional experience and knowledge of thirty years in the fire service. If there is no return communication with the property owner after attempting to notify them and the growth situation is dangerous, a city assigned contractor is hired to abate the violation and the costs. The parcel owner has thirty days to address the bill and, after thirty days, a Community Review Board hearing is scheduled as part of our process to capture the costs. After review, one way to make the requirements more clear is to add to the definition in Chapter 11.10.060 a height requirement of “12” inches under “Nuisance” to clearly identify the violation. In addition, or in the alternative, a provision in Chapter 6.56 to include vegetation as a violation 011 along with a “12” inch requirement would provide another options to code enforcement officers to address these issues. These additions would enhance the enforcement ability of the code compliance officers to abate dangerous situations that are putting property and lives in danger. One other option would be to specify that only vegetation meeting the criteria of over “12” inches and dried out (white or yellow in color) and determined to be a fire load which could travel at a rapid speed if ignited, would rise to the level of a citation process. Code enforcement officers do not generally address aesthetic complaints from neighbors about grasses or weeds. Complaints dealing with possible fire hazards are addressed seriously by code enforcement officers. 012 Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), MapmyIndia,NGCC, © OpenStreetMap contributors, and the GIS User CommunityCode Enforcement Complaints - Overgrown Vegetation.1 inch = 2,700 feet As of July 11, 2017 013013 MMMEEEMMMOOORRRAAANNNDDDUUUMMM To: City Manager Cliff Moore From: Communications & Public Affairs Director Randy Beehler Subject: City Communications Activities Date: Tuesday, July 11th, 2017 Cliff, A request was made during the June 29th Council Neighborhood and Community Building Committee ("NCBC") meeting for information to be provided regarding the City's communications activities, specifically whether rates of content output have increased recently and what steps are being taken to further enhance the City's communications efforts. Attached is snapshot of City communications activities comparing 2nd quarter data from 2016 with 2nd quarter data from 2017. The data demonstrates that in the last year rates of content output, as well as the use of multiple communications platforms, have noticeably increased. The NCBC specifically requested information about the City's use of social media platforms. In the past year, the number of social media followers, social media posts, and social media impressions related to City-managed platforms have risen markedly. Social media platforms managed by City departments, divisions, and offices now reach nearly 28,000 combined online users on a consistent basis. City communications staff continually monitor user analytics, study trends, and evaluate advancing methodologies in order to remain current with the constant evolution of social media. To meet the changing needs and expectations of its online user base, in the past year the City began to better utilize real-time posts, infographics, video clips, photographs, pre-scheduled posts, mobile apps, and other available tools to create dynamic and relevant information users respond to. The City continues to experiment with greater usage of post boosting, post promotion, and other enhanced social media marketing tools to target content to specific audiences. Posts alerting community members of entertainment events and family-friendly activities have increased. Notice of Council meetings, public hearings, community meetings, etc. are now being posted multiple times prior to them taking place and while they are underway. The use of traditional communications tools, such as news releases, media contacts, media interviews, the City Issues Brief e-Newsletter, Y-PAC, and the CityCast news and information program produced by the City has also expanded in the last year. New initiatives have been undertaken over the past year as well to further heighten the opportunity for City-generated content to be consumed. Both the Yakima Police Department and the City's Community Relations office launched Instagram accounts. Meetings taking place in the Council Chambers can now be viewed via live streaming. Two runs of domestic violence PSAs sponsored by the City have aired locally. And, two new features, "Where am I in Yakima" and "Vintage Yakima", are currently in development. Additionally, efforts are being made to better utilize the City's greatest communications asset - City staff, City Council members and their families and friends - to share, like, retweet, or otherwise pass along City posts to their own online communities in order to significantly enhance the reach and effectiveness of the City's social media platforms. Determining how best to take advantage of the constantly transforming communications environment requires consistent attention, flexible thinking, and inventive approaches. The City is fortunate to have enthusiastic staff members and elected officials who are committed to utilizing existing and emerging communications platforms to foster an involved, aware, and connected community. Also attached is a list of communications platforms utilized by City departments, divisions, and offices. Please let me know if you would like additional information regarding the City's communications activities. 014 City of Yakima Communications Activities Comparing 2nd Quarter 2016 to 2nd Quarter 2017 Social Media Platforms 2016 2017 % increase • Social media followers 22,000 (approx.) 28,000 (approx.) 27% • Social media posts 340 450 32% • Social media impressions 75,000 (approx.) 110,000 (approx.) 46% • Online video "watch time" 45 hours 73 hours 62% City of Yakima Website 2016 2017 % increase • Website posts 79 105 32% • Website poll participants 368 446 21% • Website trivia participants 401 452 12.75% Multi-Media Productions 2016 2017 % increase • Y-PAC programming 143 hours 165 hours 15% • CityCast 3 episodes 5 episodes 66% • Video Voters Pamphlet N/A 12 interviews (2 hours) N/A News Releases 2016 2017 % increase • News releases issued 77 93 20.7% • New release distribution 45,000 (approx.) 55,000 (approx.) 22.2% Media Interactions 2016 2017 % increase • Media contacts 210 250 19% • Media interviews 55 70 27% New Initiatives • YPD Instagram account • City Instagram account • Live streaming of meetings • Social media post boosting • Social media post promotion • PSA campaign 015 City of Yakima Communications Platforms - City Website - Banner photo - Points of Interest - News feed - Photo of the Week - Videos - Question of the Moment Poll - Yak Facts Trivia - Events calendar - Social Media - Official City of Yakima Facebook page - Yakima Police Department Facebook page - Yakima Fire Department Facebook page - Yakima Park & Rec Facebook page - Harman Senior Center Facebook page - Official City of Yakima Twitter feed - YPD Twitter feed - YFD Twitter feed - Official City of Yakima YouTube Channel - YPD YouTube Channel - YFD Vimeo Channel - YPD Instagram account - Live streaming of meetings - Official City of Yakima Instagram Account - Publications - City of Yakima Issues Brief e-Newsletter - News releases - Media Advisories - Posters and banners (graphic design) - Print advertising - Legal notices - Multi-Media Production - "Yakima Agenda" - CityCast - Y-PAC/YCTV infographics - Y-PAC (meeting coverage) - Y-PAC video on demand - Radio advertising - Video billboards - On-hold messages - Live Events - News conferences - Speaking engagements - Ribbon cuttings - Groundbreakings - Special event appearances - TV and radio interviews Social Media Responsibilities - Official City Facebook page, Twitter feed, Instagram account, and YouTube channel - Primary poster – Communications Specialist Sean Davido - Supervisor – Communications & Public Affairs Director Randy Beehler - Yakima Police Department Facebook page, Twitter feed, Instagram account, and YouTube Channel - Primary poster – YPD Public Information Officer Mike Bastinelli - Supervisor – YPD Captain Jay Seely - Yakima Fire Department Facebook page, Twitter feed, and Vimeo Channel - Primary poster – YFD Captain Jeff Pfaff - Supervisor – YFD Chief Bob Stewart - Yakima Parks & Rec and Harman Senior Center Facebook pages - Primary poster – Recreation Specialist Juan Arias - Supervisor – Recreation Supervisor Tami Andringa 016 City of Yakima Ethics & Equal Rights Committee Quarter 2 – Progress Report Quarter 1 Summary: The committee developed an “elevator speech” that encapsulated our perceived purpose. “The Yakima City Council cares about residents and seeks our insight and perspective on ethics and equal rights issues. We have one year to assess needs in Yakima and provide some thoughtful recommendations. Do you have thoughts or concerns about fairness in Yakima?” After committee research and presentations from city staff, the committee identified 15 priorities. Landlord/Tennant Issues, Minimum Housing Codes, Code Enforcement, Police/Criminal Justice, Gender/Race/Pay Equity, Education about Issues, Wage Theft, Funding to Support Program, Distribution of Resources, Website Development (mobile apps), Community Engagement, City Investments, Diversity City/Workforce, Perception of Racism and Welcome City Resolution. Four topics were eliminated from our list, as we were informed that the Integration Committee was already looking at these issues. (Education of Issues, Community Engagement, City Investments and Diversity City/Workforce. The committee decided to pick 3 topics to focus on: Housing, Wage Theft and examination of the City of Yakima Equity Study. Quarter 2 Focus: The committee was divided into 3 work-groups; each group would study and report on one of the topics. o Housing - Attached Author of report is David Morales. His professional credentials make him uniquely qualified to report on this issue. He has personally worked with clients to help address their legal issues regarding housing issues. o Wage Theft - Attached Author of report is Diana Lopez-Batista. Her professional credentials make her uniquely qualified to report on this issue. She has personally worked with clients to help address legal issues related to wage theft within the City of Yakima as well as its surrounding areas. o City of Yakima Equity Study – Attached 2 017 Page 2 of 2 Author of report is Maria DJ Rodriguez & Brad Hill. Ms. Rodriguez & Mr. Hill’s researched concluded that there are too many unknown variables and uncertainties with the study, which made it difficult to pin point the inequities. • How reports influenced committee o After review of the reports on Housing, Wage Theft and the Equity Study, the committee acknowledged that there was more than enough evidence that significant inequities existed in Yakima. For Further Consideration / Recommendations o This committee tended to focus on issues related to equal rights. As a result, the issue of ethics has not been adequately explored. We recommend that this be addressed in the future with greater detail. o This committee has reached unanimous consensus that a committee on Equal Right (and Ethics) should be made a permanent committee. There is much work to be done, and we see no advantage in delaying this recommendation to the Yakima City Council. 3 018 Basic Characteristics1 The City of Yakima is estimated to have 93261 persons living in it right now. Of these, 67, 724 are adults. This is based on the 2015 American Community Survey. In terms of diversity, 45.0 percent are “Hispanic or Latino” and 49.4 percent are “white alone.” Yakima has 1.0 percent African American population, 1.1 percent Native American,, 1. Percent Asian, and 2.2 percent of persons list more than one “race.” Of the 67724 adults, 56099 are US citizens. There are 30697 persons who speak Spanish at home. In terms of our households, the most recent data is from the 2010 US Census. That data shows that there are 33,074 households in Yakima, 64.7 of which are “family households” and 35.3 percent are non family households. About 9,496 persons live alone in the City. There are 9749 persons who live in two person households and 4981 persons who live in three person household. Our average household size is 2.68 and our average family size is 3.30. In terms of family composition, there are 21411 families, 5,187 of which are listed as “female household, no husband present families,” and 14127 are listed as “husband-wife” families. The Housing Stock of Yakima. Of the 33.081 housing units in Yakima, 60.7 are detached, 4.6 percent are attached, 29.5 percent are apartments and 5.2 percent are mobile homes. Hour housing skews to older for the most part. 71.2 percent was built before 1980. Only .5 percent has been built since 2010. The vast majority, 73.6 are in the 2-3 bedroom range. 97.8 percent have kitchens, 99.4 percent have plumbing. 96.3 percent have telephone service available. In terms of heating, 37.4 percent receive gas, 58.2 percent receive electricity. Nine percent of households do not have a vehicle. One of the most concerning thing that stands out is that there is a discrepancy between the 2010 census numbers and the 2015 ACS averages, it looks as if the amount of housing units without kitchens or telephone service has been increasing. There are many renter households. Roughly a little below half, 15,238 households, are renters. The “median rent” in Yakima is 771 dollars, with structures built in the last 20 years commanding over 900 dollars while most structures built between 2000 and down command an average rent in the 700+ range. In terms of a percentage of households, about 45.8 percent pay over 35 percent of their income towards rent, and 8.4 percent between 30-35 percent. Somewhat concerningly, about 4 percent of renter households in any given month are behind in rent. There is a correlation between income and percentage of income paid in rent, with 87 percent of households earning less than 20k paying more than 30 percent in rent, and 71 percent of households earning between 20k and 30k paying more than 1 These numbers can be generated using the factfinder.census.gov website. 4 019 30 percent in rent. By comparison only 3.8 percent of households earning more than 75k pay more than 30 percent in rent. The majority of housing units, 17843, are owned by the occupant. Of these, 11219 hove mortgages. The median mortgage is about 1184 dollars per month in Yakima. The average value of a home in Yakima is 156,700 dollars. On average, home owners are not as stressed as renters, only 31 percent pay more than 30 percent of their household income on housing, with 25.4 spending 35.0 percent or more. In terms of tenure, 1.6 percent of households have moved to their current location within the last year, 35.7 percent have moved in between 2010 and 2014, 37.3 percent moved in between 2009 and 2000, and 25.4 percent moved in before 2000. Taking a look at the mobile homes in our community, the median value of a mobile home is 31500 dollars. The mobile home market seems to have two spikes in terms of value in the overall distribution, one large group is located in mobile homes that sell between 15000 and 20000 while another large group is located in homes that sell between 100000 and 250000. There are practically no mobile homes in between. Finally, considering the internet connectivity of our community, only 22,410 of our 33,290 households have internet. The majority of those who get internet use cable modem. Less than one percent have fiber optic. DSL is the second most popular choice for internet access. Oddly enough, the amount of households with a computer, 27547 exceeds those with internet by over 5,000. Most persons with a computer have a desktop or laptop. Income does seem to have an affect on internet connectivity, of the 6606 households with less than 20k in earnings, more than half do not have internet households. While about a third of the households earning between 20k and 75k do not have internet, and 11 percent of households that earn 75k or more. Rental companies in Yakima. There are various companies/firms that own or manage rental properties in Yakima. Wilson Real Estate Management, Landmark Management Services, Jevons, Graft Investments, and Megaladon Property are the largest. Common Issues in the Housing world of Yakima Equity stealing. This is usually a financing scheme that allows lenders to take a complete ownership interest in a home where the house is used as collateral. There are many examples of this, but usually, a home owner who has come into money troubles calls a lending agent. The lending agent connects the individual with an “investor” who will give a personal loan to the home owner in exchange for a high interest rate (think above 10 percent) and place the home as collateral. The loans are designed to fail, with staggered payment structures, so that when the home owner can’t come up with the money, the investor or the agent will capture the whole house and foreclose on it. There are also examples of outright fraud in the these types of schemes. 5 020 “Eastern Washington Land Deals.” These are usually off-the-books oral contracts. Usually a person will be told that they can own a house, or part of a house (think – “you can own that house but not the field behind it”), if they pay an individual, likely someone they already trust, a certain amount over time. The occupant will proceed as if they have a mortgage and pay over a long period of time and then the owner of the property will pretend that he occupant made up the story and was a renter all along. Oral contracts for property and mobile homes are very common. Mobile home schemes. Because mobile homes can be affixed to property as real estate or be considered movable personal property, they are often the subject of creative purchasing agreements. I will not get into all of them, but examples include oral contracts that do not materialize in real ownership, promises to workers that they will get the home and not actually giving it to them, selling the land with the mobile home as affixed while a family thought they owned it as personal property, and purchase prices that are 4-10x as expensive as the actual assessed value of the mobile home. Additionally, because mobile homes from the 1970s and before are not movable under the law, many people who buy mobile homes find that they have no value or can’t be moved and have to be scrapped. Private Mortgages. Many persons in Yakima lack the credit history or large down payments to buy a traditional home. As a result, a large sector of rent-to-own mortgages has arisen in Yakima. Usually a private lender or owner will make a contract with a family to purchase the home for a super low price at the end a long term (20-30 year) contract to pay rent. These are not illegal per-se but there are examples of exorbitant rents being charged, of the owner selling the property halfway through the contract, and other shady dealings. The most important thing to recognize is that the renter does not have the same protections they would under normal mortgages.2 Common issues in the rental world of Yakima There is very little available housing in general. Our vacancy rate for the county is 2.2 percent, in line with major cities like Seattle and NYC. Evictions without proper notice- While the Residential Landlord Tennant act and other statutory schemes specify the proper procedure for unlawful detainer and eviction actions, it is often the case that landlords still do not do things properly. This could range from unlawful detainer actions that are not reasonably calculated to give proper notice to the tenant to complete self help evictions, i.e., taking the law into your own hands. Another improper way of evicting someone is making their life difficult until they decide to move, this is called constructive eviction and is against the law. 2 More information is available at: http://www.washingtonlawhelp.org/resource/know-your-rights-rent-to-own-in- washington-st 6 021 Refusal to accept section 8- Section 8 is a Federally funded housing program that provides vouchers for low income people to live in rental housing at the market rate. It makes up the difference between what the person is able to pay and what the market rate is by giving them a voucher that the land lord can turn into cash. While many cities have made it illegal to refuse to accept Section 8 vouchers, most cities have not. They normally call this “source of income discrimination.” Often, however, refusal to accept section 8 vouchers is code for racial discrimination, as Section 8 is associated with some minority groups in some part of the country. There have been examples of NJP opening up investigations into whether refusal to accept Section 8 is discriminatory either as hidden purposeful discrimination or disproportionate impact. Those cases are usually settled quickly. Section 8 vouchers are very difficult to obtain and there is usually along waiting list (10 years in some places), thus a person has to be continuously poor for a long time in order to benefit. Warrantee of Habitability- every tenant, whether a tenant in common law, under the mobile home landlord tenant act or the residential landlord tenant act is owed a “warrantee of habitability.” This basically describes keeping the housing in such shape that it is livable. The common responsibilities include available heating and water. Under the statutory residential landlord tenant act a landlord must "keep the premises fit for human habitation at all times during the tenancy" and keep the premises in a way that complies substantially with all state and local laws substantially affecting your health and safety. While ideally no rental housing would fall below standard, many do. This is probably the number one issue for low income tenants. Retaliation- where a person reports an issue or uses their statutory rights to make the landlord fix something, it is usually assumed that any evictions or other bad actions that happen to the tenant are related to the first event. It is illegal to retaliate against tenants. Nevertheless, it happens in a variety of ways- eviction, enforcement of strict rules, the sudden refusal to landscape the property, raising the rent, cutting off water or heating, and many other ways. Code Enforcement- a landlord cannot rent a property that has existing code violations. The result is that if housing is below code and was rented anyway, the tenant can bring a case against the landlord. Code enforcement is controversial because often if the city shuts down an existing housing site, the tenants will have nowhere to go but the streets. Where people are evicted for code violations the landlord owes them damages, but this is difficult to collect at the exact moment when it is needed. There is statutory authority to create what is known as a Relocation Assistance Fund. The RAF gives 3x rent or 2000 dollars to a tenant where their housing has been shut down by the local government for code violations. The city would collect it’s loss by placing a lien on the property. The city of Yakima does not now participate in the RAF program. RCW 59.18.085. There is also a mobile home version of this set up by the Department of Commerce that applies where a mobile home park has to close, either because it was sold or because of code violations. Mobile home landlords are required to pay into the mobile home relocation assistance fund. 7 022 8 023 Wage Theft: the illegal practice of not paying workers for all of their work including; violating minimum wage laws, not paying overtime, forcing workers to work off the clock, misclassifying them as exempt or independent contractors, and much more. Wage theft is a major problem nationwide but it affects women and all workers of color at higher rates than the average.1 Key Findings2 Discrimination and wage theft go hand in hand. Women were significantly more likely than men to experience minimum wage violations (and sexual harassment) Foreign-born workers are nearly twice as likely as their U.S.-born counterparts to have a minimum wage violation o Foreign-born Latino workers have the highest violations of any racial ethnic group. Blacks also experience wage violations triple that of their white counterparts. o Higher levels of education, longer tenure, and English proficiency offer some protection from violations NELP’s data shows that 26% of workers (LA, New York, Chicago) are paid less than required by the minimum wage laws o Minimum wage violations are significant as 60% of workers were underpaid by more than $1 per hour About a quarter of all workers worked overtime the previous week, yet 76% were not paid the legally required OT rate (workers putting in an average of 11 hours of OT) Nearly a quarter of the workers came in early and/or stayed late after their shift during the previous work week. Of these workers, 70% did not receive any pay at all for the work they performed outside of their regular shift. About 86% worked enough consecutive hours to be legally entitled to at least one meal break during the previous week. Of these workers, more than two-thirds, 69%, received 1 http://www.nelp.org/publication/broken-laws-unprotected-workers-violations-of-employment-and-labor-laws- in-americas-cities/ 2 See note supra 1 , “ In Los Angeles alone, low-wage workers lose $26.2 million in wage theft violations every week–making it the wage theft capital of the country.” 9 024 no break at all, had their break shortened, were interrupted by their employer, or worked during the break—all of which constitute a violation of meal break laws In California, Illinois and New York, workers are required to receive documentation of their earnings and deductions, regardless of whether they are paid in cash or by check. However, 57% of workers in our sample did not receive this mandatory documentation in the previous work week o Generally, employers are not permitted to take deductions from a worker’s pay for damage or loss, work-related tools or materials or transportation. But 41% of workers reported these types of illegal deductions from their pay in the previous work week 30% were not paid the tipped worker minimum wage (which in Illinois and New York is lower than the regular state minimum wage) o 12% of these workers experienced tip stealing by their employers Additional costs: systems meant to protect are failing workers i.e. workers’ compensation programs are not adequate for low-wage workers and those limited rights lack enforcement. When workers complained about their working conditions or tried to organize a union, employers often responded by retaliating against them. Many workers never made complaints in the first place, often because they feared retaliation by their employers 1 in 5 workers reported that they had made a complaint to their employer or attempted to form a union in the last year. Of those, 43% experienced one or more forms of illegal retaliation from their employer or supervisor. For example, employers fired or suspended workers, threatened to call immigration authorities, or threatened to cut workers’ hours or pay o Another 20% of workers reported that they did not make a complaint to their employer during the past 12 months, even though they had experienced a serious problem such as dangerous working conditions or not being paid the minimum wage. Half were afraid of losing their job, 10% were afraid they would have their hours or wages cut, and 36% thought it would not make a difference. Workers in Washington State who are injured on the job or who suffer an occupational disease have the right to receive workers' compensation for their injury or illness. This is true whether a worker has legal work documents or is an undocumented worker.3 However, workers in low- wage industries are less likely to receive any relief from such protections. Of the workers in the sample who experienced a serious injury on the job, only 8% filed a workers’ compensation claim. When workers told their employer about the injury, 50% experienced an illegal employer reaction—including firing the worker, calling immigration authorities, or instructing the worker not to file for workers’ compensation o Half of workers injured on the job had to pay their bills out-of-pocket or use their health insurance to cover the expenses. Workers’ compensation insurance paid medical expenses for only 6% of the injured workers in our sample Discussion and Recommendations 3http://www.washingtonlawhelp.org/resource/work-injuries-and-your-rights?ref=XsYBt 10 025 There is hope because not all employers violate the law. NELP found a range of workplace practices—offering health insurance, providing paid vacation and sick days, and giving raises— that were associated with lower violation rates. This suggests that employers’ decisions about whether or not to comply with the law are part of a broader business strategy shaping the workplace. No business strategy should deprive workers of their earned wages. Consider adopting civil or criminal penalties for violations including evaluating those already set out by other jurisdictions Set mandatory registration or administrative requirement (for businesses) and/or fee for training and education to employees on regulations and reporting Increase monitoring and enforcement of current laws Background Summary: Seattle has adopted two4 separate local ordinances intended to address the wrongful withholding of wages or denial of benefits owed to an employee.5 One of those sets out an administrative process for addressing employee complaints of nonpayment of wages and tips, in addition to the civil and criminal liability already imposed by existing state- wide statutes. An employer found in violation of either of the two new ordinances may be liable for unpaid earnings and civil penalties that would escalate for repeated violations. If an employer fails to comply promptly with the remedy defined in a final order, the City may refuse to issue, refuse to renew, or revoke a business license. Any successor to the business of the employer also becomes liable for the full amount of the final order, including payment of unpaid wages and tips and civil penalties. Charges can be filed up to three years after an alleged violation. The criminal violation states that employers can be criminally prosecuted for failing to pay wages promised to their workers. If an employer is convicted of the gross misdemeanor, the City can also revoke the employer's business license.6 SPD will investigate and forward its report to the Criminal Division for a decision on whether to file the charge. The Criminal Division attorneys will work with the victim toward making a provable case. "Enforcement of wage theft crimes is much more than just recovering money owed to the worker who earned it," City Attorney Pete Holmes says. "Holding employers accountable for wage theft is a matter of preserving human dignity and protecting those who are most vulnerable in our community." 4https://www.municode.com/library/wa/seattle/codes/municipal_code?nodeId=TIT14HURI_CH14.20WATICORE_1 4.20.010DE (civil code violation Ch. 14.20) https://www.municode.com/library/wa/seattle/codes/municipal_code?searchRequest=%7B%22searchText%22:% 22wage%20theft%22,%22pageNum%22:1,%22resultsPerPage%22:25,%22booleanSearch%22:false,%22stemming% 22:true,%22fuzzy%22:false,%22synonym%22:false,%22contentTypes%22:%5B%22CODES%22%5D,%22productIds %22:%5B%5D%7D&nodeId=TIT12ACRCO_SUBTITLE_ICRCO_CH12A.08OFAGPR_12A.08.060TH (criminal code Ch. 12A.08.060) 5https://www.seattle.gov/cityattorney/crime-victim-assistance/wage-theft 6Id. 11 026 Equity Study Review 1. Sidewalk comparison • Based on City infrastructure the sidewalks on the east side are more, however, the maintenance is not kept compared to the west side where there are less sidewalks. • City is currently doing surveys through volunteers of the lack of maintenance • City is currently working on updating lights to LED to be more cost effective 2. Lighting • There seems to be enough lighting, however the types of lights seem to be an issue. • Most city blocks have 2 lights, but further research should be done to see if adding more lights is appropriate • There are many types of lights that could help, but it all depends on budget. 3. Vacant Homes • Housing is a problem, but this needs to be taken up by code enforcement • How do you change the policy? How far can the City intervene? • It’s a tenant vs. owner issue, too many insecurities, too many unknown variables. • City support of the construction of new homes, affordable housing 4. Transit Issues • Too many questions, where do they stop, how long are they going, would it be better to have smaller buses to run more frequently? • Recommendation to do a survey of riders if one has not been done yet • Invite Transit Manager to make a presentation These were just a few of the items that were looked at and there were more questions than answers. This is definitely something that will require more time than the exploratory committee has. 12 027 SIMME SEAT PLAN: SUMMARY Yakima Transit recently started looking at new Simme-Seat Benches. These benches were ordered on a trial-basis to determine if they served our passengers better. Some of the benefits of the Simme Seats include:  They take up a smaller footprint than current benches in that they don't have legs that stick out (safer for the passengers).  They have a split bench that can house a bus stop sign in the middle. This also helps prevent people from abusing the benches and sleeping on them. How they are better than our current Benches:  The current benches require us to purchase multiple parts and tools to attach it. The Simme Seats are provided with all of the parts needed to install it. This reduces our costs (in the long run) and increases our efficiencies in installing the seats.  When replacing the Simme Seats, the base is pre-drilled so it will fit exactly where it was. The current benches require us to drill through them, which result in lengthier installations, and differences in drilling techniques, which can take a long time to make the corrections to get it fitted. SEAT PLACEMENT: There were a total of 12 seats ordered for this trial period. So far, we have installed 2 seats, have 4 more seats planned for installation, 4 seats that we are still looking into potential placement areas for, and 2 seats set aside as reserves. These seats are unique in that they can only be placed in concrete areas, with sturdy sidewalks. The seats cannot be installed into areas where the sidewalk is damaged or cracked, as that could compromise the integrity of the seat. The distribution of the seats is as follows:  Lincoln & 21st Ave (near Keeler’s Medical Supply) – This is a highly utilized area that primarily serves disabled individuals. We have had issues with the bench placement in the past due to civilian drivers backing into the bench and destroying them. Currently the Simme Seat is placed behind a pole, which protects it from being hit by a vehicle.  72nd Ave (near the West Valley Library) – This area services a higher youth population. According to our Dispatchers, we get a high volume of calls from this area. The new Seats have been installed and the bus schedule will be attached to the pole, so that our 028 passengers have the necessary information available to them, as well as, close and easy access to the Seats. Planned Areas:  Washington & 10th Ave (Eastbound and Westbound) – This is another highly utilized area as it provides service to a local convenience store, a close by church, Lewis and Clark Middle School, and residential areas.  MLK Blvd. & 3rd Street (near City Hall) – We will be expanding one of our routes to travel down MLK (currently we are not providing service in this area). We anticipate this to be another highly utilized area, as it provides service to City Hall, the Yakima County Courthouse, the Yakima Herald, the downtown Library, and a close by Church.  Summitview & 23rd (near residential area) – Due to a new group home within the vicinity, we are expecting higher utilization of bus service in this area. As you can see, our overall goal in the planning and placement of these benches is: 1. To provide better service to our Passengers – with the seats, and the route schedules and time points. 2. To provide more conveniant access to highly utilized locations – Shopping, Clinics, Churches, Work places, Schools, etc. 3. To provide more convenience to Passengers at highly utilized stops 029 Placed Stops Proposed Stops 2 stops 030 Yakima City Committee Minutes ETHICS AND EQUAL RIGHTS COMMITTEE Yakima City Hall, 129 N. 2nd St., Yakima, WA 98901 June 1st, 2017 A meeting of the Ethics and Equal Rights Committee was held at 129 N. 2nd St., Yakima, WA 98901, and was called to order by Madam Chair Maria DJ Rodriguez at 5:30 p.m. The purpose of the meeting was for discussion of the agenda items listed. Those in attendance were: Maria Dj Rodriguez Bradley Hill: Vice Chair Isaac Garcia: Secretary Deb Sterling Felipe Vargas Absent: Diana Lopez-Batista David Morales The June 1st, 2017 agenda items were addressed as follows: 1. Minutes of Previous Meeting: Minutes of previous meeting held on March 18th, 2017 were approved as written. It was moved by Deb Sterling to approve minutes, Bradley Hill seconded the motion. All were in favor. 2. Reports on First Three Priorities: I, Isaac Garcia, read Diana Lopez-Batista and Felipe Vargas’s report as they were not present. Their report was on Wage Theft. After I began reading the report, Felipe Vargas joined the meeting. Deb Sterling elaborated on the report I read and gave her opinion that we are close to being able to report to the Yakima City Council that “yes” we as a committee think there should be a permanent standing Ethics and Equal Rights Committee. Maria DJ Rodriguez and Bradley Hill did not bring their report, but said they would provide it by email to the committee members. Maria Dj Rodriguez and Bradley Hill’s report was to be on City Investments. Sara Watkins advised us that the Yakima City Council would soon be voting on whether or not they should hire a couple WSU students to analyze and interpret the Equity Study that is posted on the City of Yakima’s website. This was to be voted on at the City Council’s June 6th meeting. 3. Second Quarter Report to City Council: It was discussed that Deb Sterling would provide a rough draft of the report, then Maria DJ Rodriguez would be able to make revisions, additions, etc. 4. Other Business: No other business was discussed. Next meeting is set for June 22nd, 2017. 5. Audience Participation: Maria DJ Rodriguez addressed the public, although no public attendees were present. 1 031 Meeting adjourned, at 6:30 p.m. RESPECTFULLY SUBMITTED, ___________________________________ Isaac Garcia, Secretary ACKNOWLEDGED: ___________________________________ Maria DJ Rodriguez, Madam Chair 2 032 033 034 035 036 From:Price, Cally To:Ibarra, Rosalinda; Davenport, Joan Cc:Moore, Cliff Subject:FW: bike patrol questions Date:Tuesday, July 11, 2017 1:03:36 PM The original bike patrol squad (4-8 members) started in 1988. The bike patrols were disbanded in the early 90’s but started again in 2013. The SROs serve as bike patrol officers during the summer when school is out. The weekend patrols are paid for with emphasis funds. There isn’t a defined area where the officers work. While the focus is in the CBD, they will hit other areas as needs arise. They have been out to the Greenway, Miller and Kiwanis Park and North 1st Street. Cally Price Assistant to the City Manager City Manager, Mayor, and Council Office   NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail account may be a public record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party.   037 Yakima City Council Committee Minutes Neighborhood & Community Building Committee (NCBC) City Council Chambers, City Hall June 29, 2017 Committee Members Staff Dulce Gutiérrez (Chair) Cliff Moore, City Manager Ken Wilkinson Avina Gutiérrez Joan Davenport, Community Dev Director Scott Schafer Carmen Méndez (absent) Sara Watkins Rosalinda Ibarra Joseph Calhoun Alvie Maxey Chair Dulce Gutiérrez called the meeting to order at approximately 3:31 p.m. Community Health Forum & Events in Yakima – Fenice Fregoso, Molina Healthcare, spoke about collaborating with the City to host healthy community events in Yakima. Méndez offered to work with Ms. Fregoso to coordinate some block parties for the upcoming National Night Out. More information will be provided at a future meeting. Post-Update on WSU Metro Center Proposal for Equity Study Review – D. Gutiérrez reported that City Council approved a contract with WSU Metro Center for the equity study analysis. Staff will ensure that the deliverables of the contract are met. Meetings with Yakima Youth Soccer Association and Perry Tech & Follow-up Data – Moore restated that YYSA and Perry Tech did not have funds to continue maintenance of the Perry Soccer Complex fields. He summarized the information provided by YYSA regarding participant usage of the fields and the economic impact generated from the 2016 Yak Attack tournament. Méndez pointed out that the economic impact was generated for a tournament that took place at Ahtanum Youth Park and requested actual numbers reflective of Perry Soccer field usage. Discussion continued, no further questions or comments from the committee members at this time. Summary of Homeless Funding Process – Watkins provided a brief overview of the competitive bidding process and highlighted some organizations that were awarded funds by the Yakima Valley Conference of Governments (YVCOG). Approximately $1.9 million in public funds were available to service providers to address homeless issues; the funds awarded are effective July 1st. Some outcomes noted were suggested changes for the next cycle and ideas on how to better provide information to the service providers. Discussion ensued about concerns expressed by councilmember Maureen Adkison regarding the voting process and why she voted ‘no’, as well as potential conflict of interest issues. Maureen Adkison is the City’s representative on the YVCOG’s executive committee. D. Gutiérrez requested clarification about the council liaison voting rules. She motioned to include this topic to the next City Council business meeting agenda; motion carried. Board Appointed Reports – Standing Item Comprehensive Plan Update – Calhoun reported that the Comprehensive Plan was adopted by City Council at their June 6th meeting; it became effective immediately. The development regulations were also approved and will become effective July 9th. He thanked everyone involved in the update process. Méndez shared positive feedback she received at the AWC Conference in regards to the City’s Comprehensive Plan as being one of the best submitted statewide. Homeless Network – Méndez mentioned that the Homeless Network has applied for a 501(c)(3) to become their own Continuum of Care in partnership with HUD. Parks & Recreation Commission – D. Gutiérrez reported that the commission toured several city parks and observed many new improvements. Henry Beauchamp Community Center – Wilkinson reported that the gymnasium at the HBCC was painted by volunteers from the Together Church. The next quarterly meeting is July 25th but may be rescheduled due to vacation. Page 1 038 Historic Preservation (HPC) – Calhoun announced that Joe Mann and Nancy Rayner are no longer on the commission. A new member, Cynthia Hall, was appointed. The next meeting is July 26th. On July 9th the HPC will have a booth at the Farmer’s Market. TRANS-Action Committee – Nothing new to report; next meeting is in July. Transit Development Plan/Transit Related Issues – The next meeting is August 16th. Maxey reminded everyone about the free shuttle rides to the Fairgrounds for the 4th of July celebration. The meeting minutes of the last Transit Citizens Advisory Committee were included in the packet. A. Gutiérrez inquired as to the location and installation schedule for the Simme Seat benches at transit stops. Maxey responded that the placement of the benches will be determined based on ridership usage and best fit. Staff will provide an updated timeline on the placement and location of the benches. Ethics & Equal Rights Committee (EERC) – EERC provided their quarterly report to Council on June 20th, noting three focus areas: housing, wage theft, and the equity study. Watkins informed the NCBC members that the Ethics & Equal Rights Committee came to a consensus that their report to Council shall serve as their final report, unless the NCBC requests otherwise. A. Gutiérrez intends to meet with each subcommittee separately to gain further understanding of their recommendation to City Council. Community Integration Committee (CIEC) – The CIEC is working on their final report which they anticipate presenting to City Council by October 2017. Bike/Pedestrian Committee – Mattoon recapped the following topics discussed at their June 13th meeting which included: reviewing the Six-Year TIP (Transportation Improvement Program), collaboration with the ‘Blue Zone’ committee. Future items include the possibility of incorporating the YPD bicycle patrols into the Bicycle Master Plan (BMP). The final draft of the BMP was received from the consultants and they anticipate Council approval in August. The next meeting is July 11th. D. Gutiérrez asked what the range outside the downtown area for the YPD bicycle patrols is. Staff will report at the next meeting. Méndez encouraged the committee members to provide the Bike/Ped Committee an opportunity to evaluate projects for the TIP and give their feedback great consideration. Council Mentorship/Internship Program Info – In response to a previous audience request, Davenport supplied a background informational memo describing the Council mentorship/internship guidelines; D. Gutiérrez and Méndez further elaborated on the program requirements. Davenport introduced Aaron Hernandez and Lidia Diaz, two interns working in the Planning Division primarily on the sidewalk condition inventory. A. Gutiérrez offered to join them in collecting data. A report at the end of the summer internship will be presented by staff. Approve Minutes of 05/18/2017 – Motion made by A. Gutiérrez, seconded by Méndez, to approve the minutes of 05/18/2017 as presented; motion carried by unanimous vote. Other Business – D. Gutiérrez brought up a concern regarding concluding steps for the exploratory committees as they finalize their recommendations to Council particularly during the interim period prior to the implementation of a permanent committee, if that’s their recommendation. Some ideas were discussed. In the end, the committee agreed to ask each exploratory committee to present their final report to the NCBC for an opportunity to ask questions and provide additional feedback if necessary. The Ethics & Equal Rights Committee will be invited to the July NCBC meeting. D. Gutiérrez expressed concern about the dissemination of information pertaining to City business. She feels that it is lacking and asked that staff put more emphasis on social media, send out press releases, and continue with the monthly newsletter. A. Gutiérrez will be featured in the July newsletter. It was agreed to include this topic on the next meeting’s agenda with a report about what to expect as far as increased activity to be more effective in our communication efforts. The committee members will also provide suggestions and ideas. Possible Amendment to Municipal Code re: Overgrowth Vegetation on Properties – Watkins explained that the City has received an overwhelming amount of complaints related to weedy lots or overgrown vegetation in the last couple of weeks. Due to fire hazard this time of year, and in an effort to address this issue more Page 2 039 expeditiously, staff is requesting that the committee provide feedback on the possibility of issuing citations to property owners who do not abate their properties in a timely manner. The committee expressed concern about owners who are physically disabled and/or elderly; potential incarceration for not paying fines; vacant properties and absentee landlords; property owner’s responsibility for maintaining the adjacent right of way. A short sheet should be posted on the City’s website with information about property owner’s responsibilities as they relate to the adjacent rights of way. Staff will further research the complaints and provide additional information to analyze. Moore suggested adding this topic to Council’s roundtable discussion on July 25th; no one objected. Recap of Deliverables – Staff reviewed the following list of deliverables from this meeting: • Report on the City’s public relations efforts, newsletters, social media, and press releases – next NCBC • Provide a response to inquiry about how far the YPD bike patrols range area is. • Timeline and location of where the remaining Simme Seats will be placed. • Add to Council’s July 11th meeting an item for council liaison voting rules on outside boards/commissions. • Presentation of final report from the Ethics & Equal Rights exploratory committee – next NCBC • Méndez will provide an update on the community fair/events. • Add to Council’s roundtable meeting on July 25th the discussion on overgrowth vegetation. • A. Gutiérrez will coordinate a date to conduct sidewalk collection data with the Planning interns. The committee will decide whether the following future items will be on the July agenda: • Review & Discussion of Previous Building Permit Fee Ordinances • Final Approval of Subdivision of Land – Davenport briefly described this request. D. Gutiérrez reminded the public that Spanish interpretation services are available; however, need to be requested 48 hours in advance. Audience Participation – Luz Bazan Gutiérrez, city resident, agreed that the City needs to increase their public relations efforts. She also commented in favor of the bike patrols and feels they greatly improve neighborhood safety. In regards to overgrowth vegetation, she stated that educating the community is more effective than policing them. A. Gutiérrez invited the community to attend the 4th of July Celebration at the Yakima County Fair Grounds. Adjourn – D. Gutiérrez adjourned this meeting at 4:56 p.m. The next meeting is scheduled for Thursday July 20, 2017. Approved by: Date Approved: Prepared by: Rosalinda Ibarra, Community Development Administrative Assistant Page 3 040 CITY OF YAKIMA LEGAL DEPARTMENT 200 South Third Street, Yakima, Washington 98901 (509)575-6030 Fax: (509)575-6160 M E M O R A N D U M July 14, 2017 TO: Dulce Gutiérrez, Chair of the NCBC, and committee members Carmen Méndez and Avina Gutiérrez Cliff Moore, City Manager FROM: Sara Watkins, Senior Assistant City Attorney SUBJECT: Examples of Vegetation Ordinance Changes Dear Chairperson Gutiérrez and NCBC committee members: At your previous NCBC meeting there was a brief discussion of the number of resident complaints coming in regarding tall vegetation and weedy lots causing possible fire dangers within the City. As discussed, the current processes can, in some cases, take over a month to get through the notice requirements and Community Review Board hearing. Staff is now providing additional information for your review. This memo will provide information on language that could be added to the Yakima Municipal Code to increase the abilities of the code enforcement officers to abate public nuisances and fire hazards. I provide a number of alternatives for your review and will be happy to answer any questions. 1. Add a specific length measurement to the YMC 11.10 code to provide code enforcement officers with clear guidelines and a code section that can be provided to residents. One option is to amend YMC 11.10.060 (Definitions) to make more clear what height of vegetation is automatically considered a nuisance. The definition of nuisance currently reads as follows: “Nuisance” includes: (a) a nuisance defined by statute or ordinance; (b) a nuisance at common law, either public or private; (c) an attractive nuisance, whether in or on a building, a building premises or an unoccupied lot and whether realty, fixture or chattel, which might reasonably be expected to attract children of tender years and constitute a danger to them, including, but not limited to, abandoned wells, ice boxes or refrigerators with doors and latches, shafts, basements or other excavations, abandoned or inoperative vehicles or other equipment, structurally unsound fences or other fixtures, lumber, fencing, vegetation or other debris; (d) uncleanness or whatever is dangerous to human life or detrimental to health; (e) overcrowding; or (f) abandonment or vacancy. Examples of Vegetation Ordinance Changes July 20, 2017 Page 2 As you can see, there is no set height measurement for nuisance vegetation. Code enforcement officers currently use a 9” rule, which was agreed to at a Council meeting in the past. To provide residents the ability to review the law, it would be beneficial to codify a height measurement requirement for nuisance vegetation. This would also help in CRB hearings, as there would be clear evidence based on measurement of a violation, if it went to a CRB hearing. The Council could keep the 9” measurement currently being used in practice or could increase or decrease the height. A standard height is 12” (found most often in ordinance language). This one change would not change the procedure for abating the nuisance. If a property owner refused to remove the unlawful vegetation after the proper Notice was provided, the code enforcement officer would take the matter to the CRB hearings board, hold a hearing where the property owner would have a chance to state his or her case, and have the board determine the outcome (which can involve monetary penalties and fines, in addition to an order to abate). Note that this procedure does not apply to situations that constitute an imminent danger. 2. Amend the criminal nuisance ordinance, YMC 6.56, to include vegetation as a violation. The City currently has a criminal nuisance ordinance which outlines various circumstances under which a police officer can cite a person with a violation. Some examples of nuisances under the current code are: a. Maintaining trees or shrubs wherein the roots thereof damage sidewalks or pavement, water or sewer lines; b. Depositing burning material onto streets or alleys; c. Discarding or abandoning refrigeration equipment that children could climb into or get stuck in; and d. Offensive odors. Persons violating the ordinance are subject to a $50.00 per day infraction. Before the infraction can be issued, a notice must be sent to the person in violation and a reasonable amount of time must be given to abate the nuisance. If the nuisance is not abated, then the infractions begin to accrue. At that point, the City may abate the nuisance and charge the costs to the person responsible as well. The City could add language that weed and vegetation growth of a certain height and/or type is a public nuisance, subjecting those property owners to the requirements, and penalties, of YMC 6.56. An example of possible language is as follows: 6.56.015 Weeds and Nuisance Vegetation. (1) It is determined that the presence of weeds and nuisance vegetation, as outlined in this chapter are a public nuisance affecting the public health, welfare and safety of residents of the City. Examples of Vegetation Ordinance Changes July 20, 2017 Page 3 (2) It is unlawful for the owner or occupant of any property in the City of Yakima to maintain or permit any of the following: (a) Lawns, shrubs, trees or other plantings that have been dead for more than three frost free months, or have grown and died and are not being irrigated; or (b) Lawns, weeds, or vegetation the height of which exceeds twelve (12) inches; or (c) Any parcel or tract of land that has become populated with weeds to the extent that it subjects neighboring residential properties to weed growth; or (d) Weeds, grass, or other vegetation or debris which constitutes a fire hazard; or (e) Weeds, grass, or other vegetation or debris which encroaches on sidewalks, is damaging public improvements, or is impairing the vision of traffic signs or signals. (3) Designated public park land, natural areas, or environmentally sensitive areas are exempt from these provisions. Additional language such as the above would require the same notice provisions to property owners/occupiers, including the requirement to give the property owner and/or occupier a reasonable amount of time to abate the nuisance. 3. Add a new chapter to the municipal code addressing weeds and vegetation. Some jurisdictions have an entire code section devoted to weeds and/or vegetation issues. Another option would be to add a chapter to Title 11 or Title 6 of the municipal code that addresses weeds and vegetation on property within the City. The chapters that I looked at in other code provisions designated the weeds and/or vegetation as nuisances, and outlined a procedure for abatement, separate from their general nuisance provisions. Much of the language outlined above could also be used in a separate chapter, with additional notice and abatement requirements.