HomeMy WebLinkAbout11/21/2017 16A Council General InformationBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 16.A.
For Meeting of: November 21, 2017
ITEM TITLE: Council General Information
SUBMITTED BY: Sonya Clear Tee, City Clerk
SUMMARY EXPLANATION:
1. Memo from Senior Assistant City Attorney Watkins regarding Uber Eats
3. Preliminary Council Agenda
3. 3rd Quarter 2017 Municipal Court Office Statistics
4. City Meeting Schedule
5. Preliminary Future Activities Calendar
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
D uber eats memo 11/15/2017
0 info 11115;2017
City Manager
Type
Comer Memo
Comer Memo
2
MEMORANDUM
TO: Honorable Mayor Kathy Coffey and Council Members
Cliff Moore, City Manager
FROM: Sara Watkins, Senior Assistant City Attorney
DATE: November 9, 2017
SUBJ: Uber Eats
Dear Mayor Coffey and Council Members:
At your November 7, 2017, City Council meeting, two members of the public
expressed concern that UberEats drivers/the company did not have common
carrier licenses and therefore should not be able to operate within the City of
Yakima. You asked for additional information on this subject.
1. Background: What is UberEats and how is it different than Uber?
UberEats is a food delivery service. Drivers sign up to deliver food through
UberEats and local restaurants sign up to be a part of the service. Currently in
Yakima there are eleven restaurants participating in the delivery service. Both
the driver and the restaurant have to contract with UberEats to be part of the
service. UberEats is completely separate and distinct from Uber when it comes
to its operation. It uses a different app on mobile devices, and has different
requirements for its drivers than Uber.
UberEats drivers are not allowed to transport passengers. UberEats drivers,
therefore, have less restrictions on the types of vehicles they can drive. For
example, UberEats drivers can drive two door vehicles, and the vehicles must be
newer than 1996. Further, drivers can be 19 years old to drive for UberEats.
These things differ from the requirements of Uber, which require that drivers be
21 years old, have a four door vehicle, and require that vehicles no more than 15
years old (Yakima ordinances further require that vehicles be no more than 10
years old).
However, if a driver wants to drive for Uber and UberEats, the driver must meet
all of the heightened standards of Uber, which would include the heightened
standards outlined in the City's TNC ordinance. The City's TNC ordinance only
applies to transportation network companies that transport passengers, so it
does not apply to those drivers that choose to only drive for UberEats. In all
capacities, the driver is required to obtain a basic business license through the
City of Yakima.
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2. Common Carriers are regulated by the Washington Utilities and
Transportation Commission
The Washington Utilities and Transportation Commission (WUTC) regulates
common carriers in the state of Washington. Common carriers are generally
defined by statute as: "any person who undertakes to transport property for the
general public by motor vehicle for compensation, whether over regular or
irregular routes, or regular or irregular schedules, including motor vehicle
operations of other carriers by rail or water and of express or forwarding
companies." RCW 81.80.010(1). Common carriers may include the following:
• Household Goods Movers
• Moving Companies
• Freight Brokers
• Garbage and Recycling Companies
• Passenger Bus/Party Bus Companies
• Garbage and Recycling Collectors (other than the City)
Those business and persons falling under the definition of common carrier, as
well as contract carriers and temporary carriers, must obtain a permit to operate.
RCW 81.80.070(1). "The commission shall issue a common carrier permit to
any qualified applicant if it is found the applicant is fit, willing, and able to perform
the service and conform to the provisions of this chapter and the rules and
regulations of the commission." RCW 81.80.070(2). Therefore, the WUTC has
the full and only authority to determine whether a business or individual is a
common carrier, and whether the applicant is a "qualified applicant" for purposes
of the permit requirements. The regulations also give the WUTC the opportunity
to make exceptions and waive requirements if it is just and reasonable in a
particular case. WAC 480-14-020. The City has no control or authority to dictate
whether a business is a common carrier, or otherwise defined by the WUTC
laws.
Similarly, the WUTC is the agency with authority to determine if there has been a
violation of the requirement to have a common carrier permit. RCW 81.80.330.
WUTC uses the Washington State Patrol to investigate criminal violations and
has internal auditors to investigate civil violations. RCW 81.80.330.
WUTC has a process for making a consumer complaint with the agency. There
is an online complaint form, as well as a toll-free number to call with questions.
The City of Yakima does not have authority to regulate common carriers or
enforce the common carrier requirements of the state of Washington. The
WUTC is the agency charged with those duties. The City can, however, inform
UberEats that their drivers should contact the WUTC regarding common carrier
licenses.
3. The City does not currently require proof of a common carrier license
before obtaining a business license for a common carrier purpose.
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In reviewing the municipal code, there is no requirement that businesses which
transport commodities first provide proof to the City that they have a valid
common carrier license before the City will process their business license.
Generally speaking, the City does not require proof of other necessary licenses
for most businesses to obtain a business license in Yakima. For example,
moving companies do not need to submit their common carrier permit to obtain a
license with the City. Moving companies clearly fall under the purview of the
common carrier permit requirements. Similarly, the City does not require that
restaurants provide food handlers' permits for their owners before they are
granted a business license. As a further example, law firms do not have to
provide proof that the lawyers practicing in the firm are licensed to practice
through the bar association.
Licensees are generally advised that they need to contact other state and local
agencies to ensure they have the proper state licenses and permits.
If the Council is contemplating adding a requirement that common carrier permits
be provided before a City business license can be obtained for all common
carriers operating in Yakima, it will affect not only UberEats, but also any other
business, such as moving and trucking companies operating in Yakima, that may
fall under the jurisdiction of the WUTC common carrier program.
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YAKIMA CITY COUNCIL
STUDY SESSION
November 30, 2017
City Hall — 2nd floor conference room
5 p.m. Council briefing
1. Roll Call
2. Council updates
3. Agenda preview for December 5 & 12, 2017
4. City Manager update
5
5. Adjournment
The next meeting will be a City Council Business meeting on December 5, 2017, at 6 p.m. in the
Council Chambers
Any invocation that may be offered before the official start of the Council meeting shall be the
voluntary offering of a private citizen, to and for the benefit of the Council. The views or beliefs
expressed by the invocation speaker have not been previously reviewed or approved by the
Council, and the Council does not endorse the religious beliefs or views of this, or any other
speaker
A Council packet is available for review at the City Clerk's Office and the Library. A packet is
also available on-line at www.yakimawa.gov.
The City provides special accommodations, such as hearing devices, wheelchair space or
language interpreters, for City meetings. Anyone needing special assistance please contact the
City Clerk's office at (509) 575-6037 at least two business days prior to the meeting.
YAKUMA CITY COUNCIL
December 5, 2017
City Hall — Council Chambers
6 p.m. Business Meeting; 6:30 p.m. Public Hearings
BUSINESS MEETING
1. Roll Call
2. Pledge of Allegiance
3. Interpreter Services
4. Open Discussion for the Good of the Order
5. Council Reports
6. Consent Agenda
Items listed are considered routine by the City Council and will be enacted by one modonWdnout
discussion. A citizen or Council member may request to remove an item from the Consent Agenda and, if
approved, it will be placed on the regular agenda for discussion and consideration.
A. 3rd Quarter 2017 Treasury Report
B. Resolution authorizing certain uncollectable parking citations to be written off
C. Resolution authorizing certain uncollectable central accounts receivables to be written -off
D. Resolution authorizing certain uncollectable utility bilIs to be written -off
E. Resolution setting January 25, 2018 as the date for an open record public hearing before
the City of Yakima Hearing Examiner to vacate a portion of city right of way in the vicinity
of North 1 8th Avenue & Roosevelt Avenue
F. Resolution authorizing an agreement with M -B Companies, Inc. to provide required Snow
Removal Equipment for the Yakima Air TerminaI-McJIister Field
G. Resolution accepting the City of Yakima's 2018 assessment from the Yakima Valley
Conference of Governments, and authorizing the payment of the annual dues
7. Public Comment
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.
ga .
PUBLIC HEARINGS
8. Second public hearing on the 2018 Preliminary Budget for the City of Yakima
9. Closed record public hearing and Ordinance to consider the Yakima Planning Commission'
recommendation regarding a non -project rezone submitted by Jay Sentz for property at 4201
Summitview Ave
DEPARTMENT ITEMS
10. First reading of an ordinance amending the 2017 budget and making appropriations from
Unappropriated in General Fund (no action required; second reading on December 12, 2017)
11. Resolution authorizing two Agreements for the purpose of continuing the Community Diversion
Program through December 2018: A. a Facilities Rental Agreement in the amount of $750.00 a
month between the City of Yakima and the Seasons Music Festival; and B. a Professional
Services Agreement not to exceed $43,129.00 between the City of Yakima and People for
People to perform case management services
12. Resolution authorizing 911 Support Services Interlocal Agreement
CITY MANAGER UPDATE
13. Ordinance amending Chapter 5.50 of the City of Yakima Municipal Code to eliminate the utility
tax cap currently in place
14. Ordinance of the City of Yakima, Washington establishing an annual vehicle license fee; and
fixing a time when the same shall become effective
15. Ordinance to consider the purpose, administrative, and operational components to establish a
permanent Community Integration Committee
16. Other Business
17. Adjournment
The next meeting will be a City Council briefing on December 7, 2017, at 5 p.m. at City Hall in the 2nd
floor conference room
18. Council General Information
A. Council General Information
Any invocation that may be offered before the official start of the Council meeting shall be the
voluntary offering of a private citizen, to and for the benefit of the Council. The views or beliefs
expressed by the invocation speaker have not been previously reviewed or approved by the
Council, and the Council does not endorse the religious beliefs or views of this, or any other
speaker
A Council packet is available for review at the City Clerk's Office and the Library. A packet is
also available on4ine at www.yakimawa.gov.
The City provides special accommodations, such as hearing devices, wheelchair space or
language interpreters, for City meetings. Anyone needing special assistance please contact
the City Clerk's office at (509) 575-6037 at least two business days prior to the meeting.
November 16, 2017
TO: The Honorable Mayor and Members of City Council
FROM:
Cliff Moore, City M
ger
The Honorable Susan Woodard, Presiding Judge
Linda Hagert, Court Services Manager
Isabel Cruz, Accountant
SUBJECT: 3rd
er 2017 Municipal Court Office Statistics
The City of Yakima Municipal Court operation was created in late 1996 and has been an
independent judicial arm of the City since January 1, 1997. The Court Adjudicates all
traffic infractions, misdemeanors, and gross misdemeanors cited in the City. The Court
operates with two full time Judges, one of whom provides over the Court's activities,
and a part time Court Commissioner. The City Council adopts the Courts budget
annually; the Court is otherwise independent from City Administration.
Following, please find summary statistical reports for Municipal Court's 3rd Quarter
activity through September 30, 2017. Detailed reports are available from the Office of the
Municipal Court. Prior year totals for 2016 are included for comparison.
The following summary information for each quarter includes:
Municipal Court : tion Statistics
Municipal Court C s. • : Statistics
Public Safety Education Assessment (PSEA) Statistics
Collection Statistics--Mtmicipal Court Outs
Outside Agency Collection Statistics
# 4 $ g Time -Pay Contracts
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Yakima Municipal Court -- 3rd Quarter 2017
L Municipal Court Infraction Statistics
Filings -- Proceedings During
Year:
Infractions Filed
Violations Charged
Mitigation Hearings
Contested Hearings
Show Cause Hearings
Other Hearings
On Record
Total
Dispositions During Year:
- - - -
Infractions Paid
2016
Prior Year
13,229
20,025
1250
326
170
1,853
36,853
3069
2017
Prior Qtrs.
7,891
11,906
636
170
58
997
21,658
1915
July
1306
1,985
112
16
9
175
3,603
328
Aug
1,265
1,927
92
36
19
158
3,497
284
Sept
1,440
2,232
88
26
14
174
3,974
327
2017
YTD Total
11,902
18,050
928
248
100
1,504
32,732
2,854
Failure to Respond
Committed
Not Committed
Dismissed
Amended
Total Disposed
Municipal Court Traffic
Infraction Revenues
Budget
Page 2
143
5,969
147
1561
36
10,925
$1,252,464
$1,240,000
45
3,217
74
851
39
6,141
$692,313
526
143
7
1,010
$111,065
14
561
13
126
7
1,005
$104,221
6
546
12
141
0
1,032
$135,196
68
4,850
102
1,261
53
9,188
$1,042,794
$1,240,000
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Yakima Municipal Court 3rd Quarter 2017
I. Municipal Court Criminal Statistics
Filings During Year:
Citations Filed
Violations Charged
Trial Settings
During Year:
Non Jury Trials Set
Jury Trials
Proceedings:
Arraignments
Non Jury Trials
Jury Trials
Stipulations to Record
Other Hearings
Dispositions:
Bail Forfeitures
Guilty
Not Guilty
Dismissed
Amended
Deferred/ Driver
Prosecution Resumed
Appeals to Superior Court
Total Disposition
Criminal Fines Revenue:
DUI Penalties
Criminal Traffic
Non -Traffic Misdemeanor
Recoupments
Total Fines
Total Budget
Page 3
2016
Prior Year
3,167
4,046
7
1,703
2,760
15
9
4,058
0
2,598
10
1,538
189
608
85
5,028
$86,927
112,837
79,773
112,172
$391,709
$421,110
2017
Prior Qtrs.
1648
2,121
967
1,413
0
7
2,092
0
1,338
785
145
413
57
2,740
$43,759
61,950
32,556
59,031
$197,296
July
295
395
0
123
249
0
0
0
293
203
127
19
47
4
403
$6,313
11,294
9,522
10,513
$37,642
Aug
265
333
0
165
232
0
0
372
234
0
168
20
44
18
0
484
$6,670
12,221
1,838
10,850
$31,579
Sept
2017
YTD Total
243 2,451
310 3,159
0 0
133 1,388
244
0
1
2,138
7
5
332 3,089
222
0
0
1,997
1
125 1,205
59
7
215
563
86
0 4
4,071
$7,251 $63,993
12,016 97,481
8,052 51,968
9,575 89,969
$36,895 $303,411
$421,110
10
Yakima Municipal Court -- 3rd Quarter 2017
III, Public Safety Education Assessment (PSEA) Statistics
Public Safety
Education Assessment
(PSEA) Payments *
2016
Prior Year
$1,698,003
2017
Prior Qtrs.
$987,155
July
$165,851
Aug
$ 46,499
Sept
$167,663
11
2017
YTD Total
$1,467,167
* Required payments to State Public Safety Education. Revenue for these payments is included as part of the total fine. Revenue figures
presented are net of these payments.
IV. Collection Statistics -- Municipal Court Outstanding Time -Pay Contracts
Outstanding Municipal Court Time -Pay Agreements**
As of
9/31/17
$2,402,934
**After judgment the offender makes arrangements with the court to pay their outstanding fines. If the offender docs not make a
payment in 30 days and does not make an effort with the court to make other arrangements to pay, the account is considered in arrears.
A final notice is mailed to the person in arrears. If ignored the account is then turned over to collection.
The collection agency is mandated by the state of Washington to write off accounts still owing ten years after the judgment date due to
the statute of limitations. The statute of limitations covers all fines and restitution.
V. Outside Collection Agency Statistics
Outside
Collection Agency: ***
Accounts Assigned in 2013
Accounts Assigned in 2014
Accounts Assigned in 2015
Accounts Assigned in 2016
Accounts Assigned in 2017
Total Assignments
Dollars Collected Since 2013
Collection Performance Court Accounts
*** Net of cancellation
Page 4
2017 and
Prior Years
3,502,440
6,387,772
5,839,119
6,300,945
4,017,809
$26,048,085
$4,935,127
18.95%
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CITY MEETING SCHEDULE
For November 19, 2017 — November 27, 2017
Please note: Meetings are subject to change
Tuesday, November 21
10:00 a.m. County Commissioners meeting — Council Chambers
5:00 p.m. City Council Executive Session — Council Chambers
6:00 p.m. City Council meeting — Council Chambers
Thursday, November 23
CITY OFFICES CLOSED
Friday, November 24
CITY OFFICES CLOSED
Monday, November 27
11:00 a.m. Bid Opening — Council Chambers
5:30 p.m. Community Swimming Pool Ad Hoc Committee — 2nd Floor Conference Room
Meeting
Date/Time
Mon. Nov. 20
1:30 p.m.
2:00 ..m.
Tue. Nov. 21
5:00 p.m.
6:00 p.m.
Wed. Nov. 22
12:00 p.m.
Office Of Mayor/City Council
Preliminary Future Activities Calendar
Please Note: Meetings are subject to change
Organization Meeting Purpose Participants
13
Meeting Location
YVCOG Board meeting
TRANS -Action meetin.
Board Meeting
Scheduled Meetin.
Adkison
D. Gutierrez
City Council Executive
Session
City Council meeting
Scheduled Meeting
Scheduled Meeting
Yakima Valley Tourism
Board
Board Meeting
Council
Council
Adkison
YVCOG
WSDOT
Council Chambers
Council Chambers
Convention Center
Mon. Nov. 27
12:00 p.m.
12:00 p.m.
5:30 p.m,
OFFICES CLOSED
OFFICES CLOSED
Greenway Board meeting
Capitol Theatre Board
Community Swimming Pool
Ad Hoc Committee meeting
Board Meeting
Board Meeting
Scheduled Meeting
Cousens
Adkison
A. Gutierrez, D.
Gutierrez,
Cousens
Greenway Visitors Center
Capitol Theatre
2nd Floor Conference Room
Tue. Nov. 28
2:00 p.m.
Wed. Nov. 29
2:00 p.m.
Council Neighborhood &
Community Building
Committee
D. Gutierrez, A.
Gutierrez,
Mendez
2nd Floor Conference Room
TRANS -Action annual
meetin.
Scheduled Meeting
D. Gutierrez
WSDOT
Thur. Nov. 30
5:00 p,m.
Fri Dec. 1
8:00 a.m,
Sun. Dec. 3
5:30 *.m.
City Council briefing
Tue. Dec. 5
5:00 p.m.
6:00 pm,
Wed. Dec. 6
8:30 a.m.
Downtown Lisht Parade
(T) City Council Executive
Session
Cit Council meeting
Board of Health meeting
Scheduled Meeting
Scheduled Meeting
Scheduled Event
Scheduled Meeting
Scheduled Meeting
Board Meeting
Council
Adkison
0 en
Council
Council
Adkison
2nd Floor Conference Room
2nd Floor Conference Room
Downtown Yakima
Council Chambers
Council Chambers
Health District