HomeMy WebLinkAbout11/06/2018 21A Council General InformationBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
1
Item No. 21.A.
For Meeting of: November 6, 2018
ITEM TITLE: Council General Information
SUBMITTED BY: Sonya Claar Tee, City Clerk
SUMMARY EXPLANATION:
1. Response to Council member questions from the 10/9/18 Budget Study Session re repeal of
Charter amendments
2. Response to Council member questions during budget meetings
3. Response regarding Mr. Courcy's concerns
4. 3rd Quarter Municipal Court Report
5. Preliminary Council Agenda
6. City Meeting Schedule
7. Preliminary Future Activities Calendar
8. Thank you letters
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
O Charter amendment process 10/31/2018
O budget 11/1/2018
O 1-17-17 info 10/17/2018
Type
Coker Memo
Coyer Memo
Coyer Memo
2
O 3-21-17 info 10/17/2018 Coker Memo
O 3rd qtr 10/25/2018 Coyer Memo
O info 11!1?2018 Coyer Memo
OF Y
LEGAL
DEP4
I
3
aYJSctifit Third YadmW ,i
MEMORANDUM
October 30, 2018
TO: Cliff Moore, City Manager
Ana Cortez, Assistant City Manager
FROM: Helen A. Harvey, Senior Assistant City Attorney
SUBJ: City Charter - Amendments to the Charter
(5C9,, .160
A. Background.
You have requested a brief memorandum on the process for amendments to the
City Charter. This involves the issue of possible consideration by the voters of potential
amendments repealing two sections of the Yakima City Charter: Section 8 and Section 9
of Article VL
Section 8 and Section 9 of Article VI of the City Charter are below.
"ARTICLE VI
Additional Powers and Limitations on Officers"
"SECTION 8.
There shall be a dedicated street overlay and reconstruction fund, reserved
for the enhancement in quality and value of City street infrastructure, of no
less than Two Million Dollars annually in the City's General Fund budget.
This dedicated fund base amount of Two Million Dollars shall be adjusted
annually in accord with the annual change in the June U.S. Department of
Labor, Bureau of Labor Statistics Consumer Price Index for All Urban
Consumers (CPI -U) West Region. The City Council shall make no other use
of this fund than as is provided in this Section."
4
Memo re Amendments to the Charter
October 30, 2018
Page 2
"SECTION 9.
There shall be a dedicated public parks and recreation capital fund,
reserved for the construction and rehabilitation of City public parks and
recreation facilities, of no less than Seven Hundred Fifty Thousand Dollars
annually in the City's General Fund budget. This dedicated fund base
amount of Seven Hundred Fifty Thousand Dollars shall be adjusted
annually in accord with the annual change in the June U.S. Department of
Labor, Bureau of Labor Statistics Consumer Price Index for All Urban
Consumers (CPI -U) West Region. The City Council shall make no other use
of this fund than as is provided in this Section."
Section 8 of Article VI on the dedicated street overlay and reconstruction fund was
passed by the voters at the election on August 6, 2013, As reflected in the "Authentication
of Charter Amendment" section in the Charter history book (attached), the amendment
passed by 72.3% of the votes:
"For the proposed amendment to the Charter, 7,781 votes;
Against the proposed amendments to the charter, 2,967 votes;
Majority for the proposed amendment to the charter, 4,814 votes."
Section 9 of Article VI on the dedicated public parks and recreation capital fund
was passed by the voters at the election on November 4, 2014. As reflected in the
"Authentication of Charter Amendment" section, the amendment passed by 68.6% of the
votes:
"For the proposed amendment to the Charter, 11,784 votes;
Against the proposed amendments to the charter, 5,372 votes;
Majority for the proposed amendment to the charter, 6,412 votes."
B. Steps for Antendrnertt of the (it' Charter
Article XIII of the Yakima City Charter discusses amendments to the Charter,
and states:
5
Memo re Amendments to the Charter
October 30, 2018
Page 3
"Article XIII
Amendments
SECTION 1.
This charter may be amended in the manner provided by the laws of the
State of Washington. Special elections for amending this charter may be
called by the City Council or shall be called upon petition of qualified voters
of the City of a number not less than fifteen percent of the total number of
votes cast at the last preceding general state election, and otherwise as set
forth in State law."
The attached respective "Authentication of Charter Amendment" sections from the
Yakima City Charter history book describe the basic process for amending the City
Charter when the election is called by the City Council.
Section 8 of Article VI of the Yakima City Charter regarding the dedicated street
overlay and reconstruction fund:
1. Resolution No. 2013-029 (attached) was adopted by the City Council on
February 9, 2013, and called for an election to be held in conjunction with the
regular municipal election on August 6, 2013.
2. Proposed amendments to the City Charter were published in the Yakima
Herald -Republic at least once each week for four weeks preceding the date of
submitting the proposed charter amendments to the electors.
Voters voted in the regular municipal election held August 6, 2013.
Section 9 of Article VI of the Yakima City Charter regarding the dedicated public
parks and recreation capital and rehabilitation fund:
Resolution No. 2014-066 (attached) was adopted by the City Council on May 6,
2014, and called for an election to be held in conjunction with the regular
municipal election on November 4, 2014.
2. Proposed amendments to the City Charter were published in the Yakima
Herald -Republic at least once each week for four weeks preceding the date of
submitting the proposed charter amendments to the electors.
6
Memo re Amendments to the Charter
October 30, 2018
Page 4
3. Voters voted in the regular municipal election held November 4, 2014.
C Election Costs,
In October 2018, City Clerk Sonya Claar Tee corresponded with Kathy Fisher,
Elections Manager of the Yakima County Elections Division, to attempt to receive a
rough estimate of election costs depending on whether a ballot proposition was
scheduled on the election date on February 12, 2019 or April 23, 2019, on the primary on
August 6, 2019, or on the general election on November 5, 2019. Attached is their email
correspondence. Elections Manager Kathy Fisher indicates that ballot propositions at
elections in February or April cost the most for a city. For example, when Kathy Fisher
used February 2016 as a comparable, the "city's cost using the 2016 February actuals
would have been $64,000." A ballot proposition on the primary or the general election
costs less, although the amount varies depending on how many items are on the ballot.
An estimate of "roughly $5,000" additional for a ballot proposition was given for the
primary or general election; however, the actual cost will depend on how many
positions/ items are on the ballot at that time.
cc: Jeff Cutter, City Attorney
Attachments:
1, 2019 Election Calendar from Yakima County Elections Division
2. Resolution No. R-2013-029 regarding a dedicated street overlay and reconstruction
fund (passed on August 6, 2013) (includes the "Authentication of Charter
Amendment" section in the Yakima City Charter history book)
3. Resolution No. R-2014-066 regarding a dedicated public parks and recreation
capital construction and rehabilitation fund (passed on November 4, 2014)
(includes the "Authentication of Charter Amendment" section in the Yakima City
Charter history book)
4. Emails between Yakima County Elections Manager Kathy Fisher and City Clerk
Sonya Claar Tee in October 2018 regarding election costs
2019 Election Calendar
from Yakima County Flections Division
10/17/2018
2018 / 2019 election calendarlYakima County, WA
2018 /2019 election ca~^ndar
Resolutions
Tbcall for m special electon in February or April,
resolutions are due 60 days prior to the election
date.
Ifthe Special 1ElecdoOk;tVbehaldin conjunction
with a Primary, resolutions are due no later than the
Friday immediately before the first day of the
regular carididate filing period.
Resolutions calling for a Special Election in
junction with the General Election are due no
later than the day of the Primary. RCW 29A.04.321
A ballot measure cover sheet must be submitted
with each resoJution or ordinance submitted to
Yakima County Elections.
If a jurisdiction wishes to withdraw a resolution, a
signed statement must be submitted to the
elections division. The deadline bnwithdraw e
resolution is the same as filing a resolution that
calls for an election.
Election Date
Resolution Due
29 Day Registration and Update Deadline
8 Day New Registration Deadline
Overseas/Military Ballots Mailed
Ballots Available
Election Certified
Certification
8
Election resuts are certified 10 days aftera Special
ETection in February or April, 14 days after a
Primary, and 21 days after a General Election.
Candidate Filing 2019
Candidate filing period for 2018kaMay 1347.
RCW 29A.24.050
Aug 7 0mvG Feb12 Apr 23
2018 2018 2019 20192019 2019
AugG Nov 5
May 11 Auo7 Dec 14 Feb 22 May 10 Auo8
July {}(t8 Jan 14 Mar 25 ^ °
July 30 Oct 29 Feb4 Apr15 w *
June 22 Sept 21 Jan11 Mar 22 June21 Sept 20
July 20 Oct 19 Jan25 ^Apr5 July 19 Oct 18
Aug 21 Nov 27 Feb 22 May 3 Aug 20 Nov 26
~ /
Select Language
_�
9
*beginning June 2019:
citizens who are not currently registered In Washington may register:
by mail or online - Applications must be received by the County auditor no later than 8 days before the
election.
in person - Applicants must appear in-person in the County Auditor's Office no later than 8pm on the day of
the election.
Individuals already registered to vote in Washington may update their registration no later than 8pm on the
day of the election.
SSB 6021; 2018
The 8 day in person voter registration deadline is only for individuals who are not currently registered in
Washington State. The applicant must appear in-person in the Auditor's Office. RCW 29A.08.140
http://www.yardmacounty•us/1873/2018-2019-election-calendar
Resolution No. R-2013-029 regarding a
dedicated street overlay and
reconstruction fund
(passed on August 6, 2013)
(includes the "Authentication of Charter
Amendment" section in the Yakima City
Charter history book)
11
RESOLUTION NO. R-2013-029
A RESOLUTION of the City Council of the City of Yakima, Washington, providing for
the submission to the voters of the City of Yakima a Proposition on
whether Article VI of the Charter of the City of Yakima should be
amended to add new Section 8 establishing a dedicated street
overlay and reconstruction fund, to be funded in the amount of no
less than Two Million Dollars annually, adjusted annually per
consumer price index, and limiting expenditures from such fund to
the dedicated purposes of street overlay and reconstruction; and
requesting the Yakima County Auditor to submit the Proposition to
the ):roters on the regular municipal primary election to be held
August 6, 2013.
WHEREAS, Chapter 35.22 of the Revised Code of Washington (RCW)
authorizes firsclass cities of the State of Washington to amend and revise their charters
upon approval by a majority of the qualified voters of the city voting in a general or
special election called for that purpose; arid ^ -
WHEREAS, an amendment of the charter may be initiated by the City Council
through the approval of a resolution requesting that a proposition be submitted to the
qualified voters in the City to decide whether the City should adopt an amendment to
Article VI of the Charter of the City of Yakima to add new Section 8 establishing a
dedicated street overlay and reconstruction fund to be funded annually from the General
Fund budget in an amount no less than Two Million Dollars ($2,000,000), which amount
shall be adjusted annually in accordance with the annual change in the June U.S.
Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban
Consumers (CPI -U) West Region, and further providing that the City Council shall make
no other use of this Fund than as provided in such Section 8; and
WHEREAS, the City Council desires to hold an election in the City of Yakima on
the regular municipal primary election date of August 6, 2013, for the purpose of
submitting to the qualified voters of the City the proposition of whether the City of
Yakima should approve the arnendment to the Charter as described abova, all as set
forth in the proposed amendment to Article VI of the Charter to add new Section 8
attached hereto as Exhibit A;" and
WHEREAS, the City Council finds and determines that the best interests and
general welfare of the City of Yakima would be served by submitting to the qualified
voters in the City the proposition of whether the City of Yakima should approve the
amendment to the Charter as set forth herein, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The proposition to be submitted at the August 6, 2013 regular municipal
primary election shall be in the form of a ballot title as follows:
1
PROPOSITION NO 1
ADOPTION OF AMENDMENT TO CHARTER OF THE CITY OF YAKIMA
PROPOSITION NO. 1 concerns an amendment of the City of Yakima
Charter. This measure amends Charter Article VI adding new Section 8
creating a dedicated street overlay and reconstruction fund, funded
annually in the amount of no less than Two Million Dollars from the
general fund budget, adjusted annually in accordance with consurrter
price index, and providing that expenditures from such fund be limited to
such street overlay and reconstruction. Should this proposition be
approved'?
YES
''''''' " --"
2. The City Clerk is authorized and directed to file a certified copy of this
resolution with the Yakima County Auditor.
3. The Yakima County Auditor is requested to call and conduct an election to be
held in the City of Yakima on the regular municipal primary election day of
August 6, 2013, for the purpose of submitting to the qualified voters of the
City of Yakima the proposition set forth in Section 1 above.
4. Severabilitv If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this
resolution
ADOPTED BY THE CITY COUNCIL this 19th day of February, 2013
EST:
City Clerk
APPROVED AS TO FORM:
City Attorney
17 '4'4 _ff
4"Clef 'Inflex.yroK#1.
)"/AIGT 014
ION%
2
Micah Cawley, ayor
12
13
EXHIBIT "A"
BALLOT PROPOSITION AMENDING CITY CHARTER
ARTICLE VI, SECTION 8
(To Be Added As A New Section)
There shall be a dedicated street overlay and reconstruction fund, reserved for the
enhancement in quality and value of City street infrastructure, of no less than Two
Million Dollars annually in the City's General Fund budget. This dedicated fund base
amount of Two Million Dollars shall be adjusted annually in accord with the annual
change in the June U S Department of Labor, Bureau of Labor Statistics Consumer
Price Index for All Urban Consumers (CPI -U) West Region The City Council shall
make no other use of this fund than as is provided in this Section.
•
•
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: February 1% 2013
Resolution of the City Council of the City of Yakima
providing for the 1.11)mission to the eligible voters of the
City of Yakima on the regular municipal primary election to
be held August 6, 2013, a Proposition to amend Article VI
of the Charter of the City of Yakima to add new Section 8
establishing a dedicated street overlay and reconstruction
fund in the City's General Fund budget
SUBMITTED BY: Jeff Cutter, City Attorney
CONTACT Jeff Cutter, Citv��n
PERSON/TELEPHONE:' '
SUMMARY EXPLANATION:
The Revised Code of Washington authorizes first class cities of the State of Washington to
amend and revise their charters upon approval bvamajority O[theqUaUfiedvoferanfthe
city voting in a general or special election ca!Jed for that purpose.
The City Council desires to hold an election in the City of Yakima on the regular municipal
primary election date of August 6, 2013, for the purpose of submitting to the qualified voters
of the City the proposition to amend Artic!e VI of the City Charter to add new Section 8
establishing a dedicated street overlay and reconstruction fund to be funded annually from
the General Fund budget in an amount no less than Two Million Dollars ($2,000,000), with
the provison that this amount shall be adjusted annually in accordance with annual change
in the Consumer Price Index, and further providing that the City Council shall make no other
use of this Fund than as provided iri such Section 8.
Resolution X Ordinance
Contract: Mail to:
Contract Term: Amount:
Insurance Reqd? No
Funding
Source:
APPROVED FOR
Other
(specify)
Expiration Date:
Phone:
14
15
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Adopt Resolution.
BOARD/COMMISSION RECOMMENDATION:
ATTACHMENTS:
Click to download
RessCharter Amendtnerd-Ballet PIOD051 ia -Dedicated S reel o 4.-2-2013
0 CHARTER AMENDMENT -Ballet PrepositiersDedicated Street Ftmd-Exh A-2-2013
OFFICE OF THE CITY CLERK
129 North Second Street
Yalcitna, Washington_ 98901
Phone (509) 57560370 Fax (509) 576-6614
February 26, 2013
Ms Corky Mattingly
Yakima County Auditor
128 North Second Street
Yakima, WA 98901
HAND DL1VERED
Dear Ms Mattingly
'On February 19, 2013, the Yakima City Council adopted Resolution No R-2013-029 that
requests you to submit a proposition to the voters of the City of Yakima on the municipal
primary election to be held August 6, 2013 The ballot title. states
PROPOSITION NO 1
ADOPTION OF AMENDMENT TO CHARTER OF THE CITY OF YAKIMA
PROPOSITION NO 1 concerns an amendment of the City of Yakima
Charter This measure amends Charter Article VI adding new Section 8
creating a dedicated street overlay and reconstruction fund, funded
annually in the amount of no less than Two Million Dollars from the
general fund budget, adjusted annually in accordance with consumer
price index, and providing that expenditures from such fund be booted to
such street overlay and reconstruction Should this proposition be
approved?
YES
NO
Attached is an original resolution signed by Mayor Micah Cawley Please contact me if
you have questions
Sonya Clear Tee
City Clerk
C City Attorney
Attachment
RECEIVED
FEB 2 8 2013
Yakima County
Election Division
16
177
AMENDMENT NO. 12
"That Article VI, Section 8, to be added as a new section, of the Charter of the City of
Yakima be amended to read as follows:
ARTICLE VI
SECTION 8. There shall be a dedicated street overlay and reconstruction fund,
reserved for the enhancement in quality and value of City street infrastructure, of no less
than Two Million Dollars annually in the City's General Fund budget. This dedicated fund
base amount of Two Million Dollars shall be adjusted annually in accord with the annual
change in the June U.S. Department of Labor, Bureau of Labor Statistics Consumer
Price Index for All Urban Consumers (CPI -U West Region, The City Council shall make
no other use of this fund than as is provided in this Section."
As adopted by vote of the people August 6, 2013. Effective date August 20, 2013.
AUTHENTICATION OF CHARTER AMENDMENT
I, Micah Cawley, Mayor of the City of Yakima, State of Washington, do hereby certify
that in accordance with the Constitution and statutes of the State of Washington, the City
Council of the City of Yakima dilly adopted Resolution No. R-2013-029 at a regular
meeting of the Yakima City Council held on February 19, 2013, by which resolution the
Yakima City Council proposed to the electors of the City of Yakima, VV-.;'1ngon that
Article VI of the Charter of the City of Yakima be amended arid by which resolution the
Yakima City Council Gellert for the election to be held in conjunction with the regular
municipal election to be held August 6, 2013, for the submittal to the electors of the City
Of Yakima, VV:'ingtonfor their approval or rejection, of the said proposed amendidtent
to the Yakima City Charter.
That such regular MUlliCipal election was duly called by resolution of the Yakima County
Auditor, and ttiereafter the said proposed amendments to the Yakima City Charter were
published in the Yakima Herald -Republic, the daily newspaper of largest general
circulation published in the requirements of applicable laws, which notice was published
at least once each week for four weeks next preceding the date of submitting said
proposed charter amendments to the electors for their approval; and that ail further
notices of said regular municipal election were duly and timely published in aocordance
with requirements of applicable laws.
44, „
That thereafter- on August 6, 2013, at such election dulyrnalled ,and held, the said
proposed arnencirrients were submitted to the qualified eladtors, of the City of Yakima
and the returns canvassed resulted as follows:
For the proposed amendment to the Charter, 7,781 votes;
Against the proposed amendments to the charter, 2,967 votes;
Majority for the proposed amendment to the charter, 4,814 votes;
4
a •
Whereupon the said proposed amendments of the Yakima City Charter were declared
approved and adopted by a majority of the qualified electors voting thereon at the said
election.
I further certify that the foregoing is a full, true and complete copy of the said charter
amendment so voted upon and adopted as aforesaid.
IN TESTIMONY WHEREOF, I hereunto set my hand and affix the corporate seal of said
city at my office this 20th day of August, 2013.
MAYOR of the City of YakitS Washington
ATTEST:
CITY CLER of the City of Yakima, Washington
0,4
4,
79
18
Resolution No. R-2014-066 regarding a
dedicated public parks and recreation
capital construction and rehabilitation
fund (passed on November 4, 2014)
(includes the "Authentication of Charter
Amendment" section in the Yakima City
Charter history book)
20
RESOLUTION NO. R-2014-066
A RESOLUTION of the City Council of the City of Yakima, VVashington, providing for
the submission to the voters of the City of Yakima a Proposition on
whether Article VI of the Charter of the City of Yakima should be
amended to add new Section 9 establishing a dedicated public
parks and recreation capital construction and rehabilitation fund, to
be funded in the amount of no less than Seven Hundred Fifty
Thousand Dollars annually, adjusted annually per consumer price
index, and limiting expenditures from such fund to the dedicated
purposes of public parks and recreation capital construction and
rehabilitatioh; and requesting the Yakima County Auditor to submit
the Proposition to the voters on the regular municipal general
election to be held November 4, 2014.
WHEREAS, Chapter 35.22 of the Revised Code of Washington (RCW) authorizes first
class cities of the State of Washington to amend and revise their charters upon approval by a
majority of the qualified voters of the city voting in a general or special election called for that
purpose; and
WHEREAS,"an amendment of the charter may be initiated by the City Council through
the approval of a resolution requesting that a proposition be submitted to the qualified voters in
the City to decide whether the City should adopt an amendment to Article VI of the Charter of
the City of Yakima to add new Section 9 establishing a dedicated public parks and recreation
capital construction and rehabilitation fund to be funded annually from the General Fund budget
in an amount no less than Seven Hundred Fifty Thousand Dollars ($750,000), which amount
shall be adjusted annually in accordance with the annual change in the June U.S. Department
of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI -U)
West Region, and further providing that the City Council shall make no other use of this Fund
than as provided in such Section 9; and
WHEREAS, the City Council desires to hold an election in the City of Yakima on the
regular municipal general election date of November 4, 2014, for the purpose of submitting to
the qualified voters of the City the proposition of whether the City of Yakima should approve the
amendment to the Charter as described above, all as set forth in the proposed amendment to
Article VI of the Charter to add new Section 9, attached hereto as Exhibit "A;" and
WHEREAS, the City Couhcil finds and determines that the best interests and general
welfare of the City of Yakima would be served by submitting to the qualified voters in the City
1
21
the proposition of whether the City of Yakima should approve the amendment to the Charter as
set forth herein, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The proposition to be submitted at the November 4, 2014 regular municipal general
election shall be in the form of a ballot title as follows:
PROPOSITION NO. 1
ADOPTION OF AMENDMENT TO CHARTER OF THE CITY OF YAKIMA
PROPOSITION NO. 1 concerns an amendment of the City of Yakima Charter.
This measure amends City Charter Article VI adding new Section 9 creating a
dedicated public parks and recreation capital construction and rehabilitation fund,
funded annually in the amount of no less than Seven Hundred Fifty Thousand
Dollars from the general fund budget, adjusted annually in accordance with
consumer price index, and providing that expenditures from such fund be limited
to public parks and recreation capital construction and rehabilitation. Should this
proposition be approved?
1
2. The City Clerk is authorized and directed to file a certified copy of this resolution with
the Yakima County Auditor
3. The Yakima County Auditor is requested to call and conduct an election to be held in
the City of Yakima on the regular municipal general election day of November 4,
2014, for the purpose of submitting to the qualified voters of the City of Yakima the
proposition set forth in Section 1 above.
4. Severability. If any section, sentence, clause or phrase of this resolution should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any
other section, sentence, clause or phrase of this resolution.
2
ADOPTED BY THE CITY COUNCIL this 6th day of , 2014.
Micah `arldMao'
City Clerk
APPROVED AS TO FORM:
3
22
23
EXHIBIT "A"
BALLOT PROPOSITION AMENDING CITY CHARTER
ARTICLE VI, SECTION 9.
(To Be Added As A Nevy Section)
There shall be a dedicated public parks and recreation capital fund, reserved for the
construction and rehabilitation of City public parks and recreation facilities, of no less
than Seven Hundred Fifty Thousand Dollars annually in the City's General Fund budget;
This dedicated fund base amount of Seven Hundred Fifty Thousand Dollars shall be
adjusted annually in accord with the annual change in the June U.S. Department of
Labor, Bureau of Labor Statistics Consumer Price index for All Urban Consumers U) West West Region. The City Council shall make no other use of this fund than as is
provided in this Section.
4
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKI A, WASHINGTON
AGENDA STATEMENT
24
Item No.16
For Meeting of: 5/6/2014
Resolution providing for the submission to the eligible voters
of the City of Yakima on the regular municipal primary
election to be held August 5,2014, a Proposition to
amend Article VI of the Charter of the City of Yakima to add
new Section 9 establishing a dedicated parks and recreation
capital construction and rehabilitation fund in the City's'
General Fund budget.
Jeff Cutter, City Attorney 1575-6030
SUMMARY EXPLANATION:
The Revised Code of Washington authorizes first class cities of the State of Washington to
amend and revise their charters upon approval by a majority of the qualified voters of the city
voting in a general or special election called for that purpose.
The attached resolution and Exhibit A thereto, if approved by the City Council, would submit the
attached Proposition No, 1 to the qualified voters of the City on the regular municipal primary
election date of August 5, 2014, for their Vote on the proposition to amend Article Vi of the City
Charter to add new Section 9 establishing a dedicated parks and recreation capital construction
and rehabilitation fund, to be funded annually from the General Fund budget in an amount no
less than Seven Hundred Fifty Thousand Dollars ($750,000), with the provision that this amount
shall be adjusted annually in accordance with annual change in the Consumer Price Index, and
further providing that the City Council shall make no other use of this Fund than as provided in
Section 9.
The deadline for submitting the resolution to the County Auditor for the August 5, 2014 primary
general election is May 9, 2014. The resolution could also be amended for submission to the
Auditor by no later than August 5, 2014 to be included on the November 4, 2014 general
election ballot.
Resolution: X Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: NA
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
Amount:
Economic Development
RECOMMENDATION:
Take action an the resolution.
ATTACHMENTS:
Description
Charter Amendinent-Ballot Proposilion-Dediceti3c1
4116J2014
Pad< and Rao Fund
Exhibit A -Charter Amendment -Ballot From:match-
'
Dedicated park & Rea Ftmd
Upload Date
City Manager
Type
Resolution
Exhibit
25
82
AMENDMENT NO. 14
"That Article VI of the Charter of the City of Yakima be amended with the addition of
Section 9, to read as follows:
ARTICLE VI
SECTION 9. Them shall be a dedicated public pnrks aria recreation capital fund,
reserved for the construction and rehabilitation of City 'public Parks and recreation
facilities, of no less than Seven Hundred Fitt' Thoitsand Dollars annually in the City's
Gel ieral Fund budget. This dedicated fund base arnotint of Seven Hundred Fifty
ThoUsend Dollars shall be adjusted annually in accord with the annual change in the dime
U.S. Department of Labor, Oureau of Labor Statistics Consumer Price Index for AR Urban
Consumers (CPI -U) West Region. The City Council shall make no other use of this fund
than as is provided irt this Section."
As adopted by vote of the people November 4, 2014. Effective date November 25, 2014.
AUTHENTICATION OF CHARTER AMENDMENT
I, Micah Cawley, Mayor of the City of Yakima, State af Washington, do hereby codify that
in accordance with the Constitution and statutes of the State Of Washington, the City
Council• of the City of Yakima duly adopted Resolution No. R-2014-066 at a regular
meeting of the Yakima City Council held on May 6, 2014, by which resolutiort the Yakima
City Council proposed to the electors of the City of Yakima, Washington that Article VI of
the Charter of the City of Yaldrna be amended and by which resolution the Yakima City
Council called for the election to be held in conjunction witit the regular mtmicipal election
to be held November 4, 2014, for the submittal to the electors of the City Of Yakima,
Washington, for their approval or rejection, of the said proposed amendmerit to Ti.
Yakima City Charter.
That stich regular municipalelection was duly called by resolution of the Yakima County
Auditor, and thereafter the said proposed amendments to the Yakima City Chatter were
published in the Yakima Hei:lci-Republia, the daily ':;\ij of largest genera/
circulation published in the requirements of applicable laws, which notice was published at
least once each week for four weeks next preceding the date of stbrnitting said proposed
charter amendments to the electors for their approval; and that all fudher notices of said
regular municipal election were duly and timely published in accordance with
requirements of applicable laws.
That thereafter on November 4, 2014, at such election duly called and held, the said
proposed amendments were submitted to the qualified electors of the City of Yakima and
the returns canvassed resulted as follows:
For the proposed amendment to the Charter, 11,784 votes;
Against the proposed amendments to the charter, 5,372 votes;
26
Majority for the proposed amendment to the charter, 6,412 votes;
Whereupon the said, proposed amendments of the Yakima City Charter Were idedered
approved and adopted by a majority of the qualified electors voting thereon at the said
election;
further certify that the foregoing it a full, true and complete copy of the said charter
amendment so voted upon and adopted a aforesaid.
IN TESTIMONY WHEREOF, I hereunto set my hand and affix the corporate seal of said
city at my office this 26"‘ day of November, 2014.
'kL t:::'14:1;°- 1 .,
i
MAYOR of the City of akima, Washington
ATTEST:
CITY CL I of t City of Yakima, Washington
Emails between Yakima County
Flections Manager Kathy Fisher and City
Clerk Sonya Claar Tee in October 2018
regarding election costs
Harvey, Helen
29
From: [bmrToo Sonya
Sent: Thursday, October 18, 2018 3:47 PM
To: Moore, CIiff; Cortez, Ana; Cutter, Jeff; Harvey,Helen; Groom, Steve
Cc: Price, Cally
Subject: FW: election cost question
See estimates below.
From: Kathy Fisher [mailto:kathy.fisher@co.yakima.wa.us]
Hi Sonya -
1 replied to your questions below,
Thanks!
From: Claar TeeSonya <Sonva.CiaarTee@vakimavvamov>
Hi Kathy — I'm trying to do some rough estimates and hoping you can let me know how close I might
be.
O. If we have a Special Election in February or ApriI, 1 estimate the cost at approx. $50,000.
The only districts scheduled for February so far are Selah and Highland school districts...this means that the City
would pick up a large chunk of the cost of that election because it would be the largest jurisdiction. [>fcourse, |
won't know for sure unfll December 14 when the reso due date hits.
| used February 2U18aoacomparable for this estimate — this election had 62,300 voters which is only 5,000
more than the City, Selah, and Highland. The city's cost using the 2016 February actuals would have been
$64,000.
O. If we have several positions on the Primary and we add a bailot measure, would that be
roughly $5,000?
1 used the 2017 Primary for this estimate.. the City had 3 positions on the batiot for a total cosof
$30.880. Adding two more (one for the extra councii position and one for the ssue would bring that total cost up
to $34.000. Of course, not knowing what jurisdictions will have a primary or not plays a big part in this one. (nice
job on your estimate!)
O. If we have a F'rimary with no positions on the baliot, and we a bailot measure, what would
you estimate the cost at?
Again, 1 used the 2017 Primary for this estimate..,. with just 1 'position" on that baliot would have cost the City
$25,900.
O. If we add a baliot measure to the General, since we will have 4 council members up for re-
election, would that be approx. $5,000 additional?
I used the 2017 General for this estimate...with 5 items on that ballot, the city paid $24,900. So thatwould be
roughly the same amount.
1
30
As a quick FYI, there are some big legislative changes for elections that go into effect 2019 June — same day (no
deadline) registration and updates. This has the potential to increase costs....no registration deadline means more
voters, which means more ballots, envelopes, time spent conducting the election, etc.
Thank you for your assistance!
From: Kathy Fisher
Sent: Friday, October 12,2O1D11:16AK8
To: Caar Tee, Sonya
Subject: Re &ecton cost question
Hi Sonya —
Everything is the same
From: Claar Tee, Sonya
Sent: Friday, October 12, 2018 10:51:58 AM
To: Kathy Fisher
Subject: election cost question
Hi Kathy — I received the info below in 2014 re election costs. Is this still correct or are there any
changes/updates? Thank you!!
To start, e!ection costs are calculated as per The Budget,Accounting, and Reporting System (BARS) manual as published by the
Washington State Auditor (SAO).
Yakima County job costs all expensesincluding salary and benefits in order to more accurately allocate a jurisdictions'
proportionate share.
Election costs can vary greatly if a jurisdiction places a measure on a general election ballot vs. a special election ballot. If a
jurisdiction conducts a special election in February or April and they are the only jurisdiction conducting an election during
that time, they absorb all the costs associated with that election rather than having the costs proportionally distributed
amongst other jurisdictions that may also have a special election on that date.
Since Iocaljurisdictions and special districtsalways have a Genera Election in an odd numbered year to elect council
members, school board members and commissioners, ifthey added a special issue to that particular bailot it wouldn't
substantially increase their costs for that particular election since most, if not all, jurisdictions in the county are sharing in the
cost of that general election.
For example, in 2013, the City of Yakima had 6 contests/issues on the ballot, for a costof $27,839.84. If they had an additional
issue (7), their coswould have been approximately $30,000. Compare that to the February 2009 special election when the
City was the only jurisdiction on the ballot and their cost was $47,000+. In addition, during an odd numbered year General
Election, not only are the special districts and cities proportionately sharing in election costs,the State pays their
proportionate share for state issues onthe ballot. Since they are the largest jurisdiction onthe ballot (encompassing the
who!e county), they pay a much greater share ofthe costs.
The same scenario would more than likely hold true for a special issue for moseven numbered year general election ballot .
The only difference is that the State does not pay for federal and state offices on the ballot (which is state law), so those costs
2
.31_^
foUtothe cnunty |n|onNn8atNovember 2O12�general election mos��
,thaC�yp|auedanbsueonthotbaUotdhe/rcuxm
would have been similar if not a bit less than the 7 issue 2013 general election scenario I described above.
What I described above are only costs directly associated with that particular election. At the end of the year, miscellaneous
costs are proportionately distributed to all jurisdictions who conducted any type of election during that year based on a
percentage factor established by the SAO.
Sonya Clear Tee, CMC City Clerk
City of Yakima Nakirrawaciov P: 509.575.6271
NOTICE OF PUBLIC DISCLOSURE: This eased account is public domain. Any corresponderIce kora or to this e-mail account may be a public resold
Acoordingly, this ennail, Mole or in part may be subject to disclosure pursuant to RCW 4Z56, regardless of any claim of confidentiality er prtvilege
asserted by an external party.
3
32
MEMORANDUM
To: Honorable Mayor and Members of the Yakima City Council
From: Cliff Moore, City Manager
Date: November 6, 2018
RE: Budget session follow up
During the recent budget sessions, Council members asked staff to follow up on several issues.
Specific issues related to the Budget and Finance Team will be presented as an agenda item
during the November 6 Council Business Meeting. The purpose of this memo is to answer the
remaining questions posed by Council.
1. Audit Parks Department agreements with outside entities
The City of Yakima Parks and Recreation Division has agreements with Perry Technical
Institute (PTI) and Yakima National Little League (YNLL) for field use and maintenance
PTI owns the property known as Perry Tech Soccer Complex. The agreement with PTI
identifies maintenance work performed by City of Yakima Park Maintenance. Mowing,
irrigation repair, trash removal and other duties were specified in the agreement and are
completed during the season. Total cost to the City is approximately $40,000 per year. In
return, the City of Yakima is allowed to program the fields to increase access for soccer
leagues in the city. As a result of having control over the scheduling for these fields, the City
of Yakima has a no -cost agreement with Yakima Youth Soccer Association (YYSA) for the
operation of the youth soccer programs at the Perry Tech Soccer Complex. YYSA
coordinates practices, games, team rosters, fee collection, payment to referees, lining of the
fields, and scheduling portable toilet rentals. In addition to the league operation, YYSA
conducts regular field maintenance and irrigation repairs, and applies fertilizer and weed
treatment throughout the year. In October, Christine Cote, President of PTI, verbally
indicated that they will be ending the agreement with the City of Yakima. Formal written
notice is required to end the agreement and that written notice has not yet been received. If
PTI cancels the agreement with the City, we will provide notice to YYSA regarding ending
our operational agreement with them. It is unclear what PTI would do regarding the use of
their fields or if they would work with YYSA. If PTI does not choose to move forward with
YYSA, it is unclear how YYSA would proceed.
YNLL currently has a no -cost operating agreement with the City of Yakima for Elks
Park. Elks Park is owned by the City of Yakima. YNLL, like YYSA, coordinates practices,
games, team rosters, registrations and fee collection, pays for the umpires and field
lining. In addition to the league operation, YNLL conducts regular field maintenance and
operates the concession stand. YNLL also repairs damage done at the park, which over the
past few years has been extensive. YNLL, as per their agreement, reinvests money they
receive from team/leagues every year into the park. Recently, a new batting cage was
installed by YNLL.
Both YYSA and YNLL are not for profit organizations that provide youth programs to the
community. If these organizations were charged a fee for usage, this added cost would
need to be added to the fees that they charge to the families that participate in the
programs. Adding costs to these programs may result in some financially challenged
families no longer being able to participate in these youth sport organizations.
2. Compare City's rates with SOZO and YMCA
Swimming Fee Comparison
Downtown Yakima YMCA Pool Fees
Youth Day Pass $5.00
High School Day Pass $6.00
Adult Day Pass $8.00
Family Day Pass
Triangle Day Pass
10 Day Pass
$15.00
$12.00
$30.00
33
City of Yakima Pool Fees
Youth Day Pass $ 2.00
Adult Day Pass
Honored Citizen/Senior/Military
Family Day Pass
10 Swim Pass — Youth
10 Swim Pass — Adult
$ 3.75
$ 2.25
$13.00
$16.00
$33.00
In 2016, the YMCA submitted the following proposed fees for swimming at the new aquatic
facility:
Youth - $ 3.00
Adult - $ 3.00
Family - $16.00
The fees above are what the YMCA projected the fee structure could look like in three
years. They also indicated that the proposed fees will be discussed with the City when they
are closer to opening. Their family swim includes two adults and up to four children.
Soccer Field Comparison
SOZO — Grass fields only City of Yakima
Youth - *SOZO Partner Club $10.00 per hour Youth $ 8.00 per hour
Youth $12.00 per hour
Adult $12.00 per hour
Lights $30.00 per hour
Adult $11.00 per hour
* SOZO Partner Clubs have all of their practices and games at the SOZO Sports
Complex. Parking fee is in addition.
34
3. What is the cost for WFCC/YPAL roof repairs and maintenance?
Staff anticipates costs to range from $400,000 to $600,000 depending on the structural
soundness of the current roofing structure. This would include replacing the flat roof,
replacing the 4 roof HVAC units, replacing the duct work throughout the facility, and
centralizing thermostatic controls. This has to happen as one project.
4. What is the cost recovery for city services during the 4th of July celebration?
Yakima Fire Department provided standby during the fireworks display, the ladder truck
during the day and Fire Code Inspections. The cost for the standby and truck would have
been $2,778, but we did not charge CWSF. The Fire Code Inspections cost $100 and was
charged.
The cost for Yakima Transit to provide free shuttle service to the public for the 4th of July
celebration is $4,047.61. This is absorbed in the transit budget with no funds reimbursed
from CWSF.
YPD also provided traffic control for the 4th of July event as part of their regular service for
the holiday, which cost $7,117. Of that amount $2191 was reimbursed by the JAG Grant.
The CWSF also hired off-duty officers to provide security for the carnival at this event.
Chapter 9.70.190 of the YMC, Cost recovery for special events -Fees -Security deposit
section B, lists community events that are exempt from cost recovery fees and the 4th of July
Celebration is one of them.
5. What programs fund the Harman Center?
The Harman Center was built in 2004 with funds from a private donor. The Center
generates some revenue through programs and rentals but the annual operations have
required general fund subsidy to cover expenses. Seniors Inc. contributes funds toward
repairs, they volunteer/staff the building during operating hours, and they also perform some
of the maintenance themselves. 2018 budgeted expenditures are $365,802 and revenue is
$171,400 (arts & crafts classes, exercising classes, senior programs, donations for capital
from Seniors, Inc., rentals, weddings, etc.). The difference, $194,402, comes from the
general fund.
6. What are Yakima's crime rates compared to other cities?
Yakima's Group A crime rate per 1,000 population was 110.3 in 2017. Below is a table
showing how Yakima compares to other cities. As far as socioeconomics and similar
demographic factors, Federal Way and Auburn offer similar dynamics. We have 15.7 more
Group A Crimes per thousand than Federal Way and 6.9 more than Auburn.
120
100
80
60
40
20
0
Group A Offenses
2017 Crime Rate Per 1,000
105
103.4
91.3
89
71.9_
35
Yakima Kent Everett Spokane Federal Auburn Bellingham Renton Kennewick Kirkland
Valley Way
7. What is the percentaqe of investment for police in qeneral fund as compared to
other jurisdictions?
80%
60%
40%
20%
0%
Yakima is consistent with other cities in the state in the percentage of general funds
allocated to police. If we continue the comparison to Federal Way and Auburn, our
percentage for (sworn officer) police spending in the General Fund is similar to those two
cities. Please note that Federal Way does not operate a municipal jail.
PERCENT OFGENERA LFUND BUDGET FOR P0L|[E
Yakima Kent Everett Spokane Federal Auburn Bellingham Renton Kennewick Kirkland
Valley Way
36
8. How do staffing patterns compare to other municipalities?
Yakima has ratio of 1.47 officers per 1,000; currently the state ratio is 1.38. The ratio for
Federal Way is 1.32 and Auburn is 1.38. The table below shows other cities of similar
size.
Bellin
•
CITY
ham
Federal Way
Kennewick
Ki rkland
S • okane Valle
Yakima
POPULATION
86 720
96.350
80280
86 080
94 890
93 900
COMMISSIONED
OFFICERS PER 1 000
9. Research Association of Washington Cities insurance options
City staff compared our current self-insured plan to the health plan options offered through
the Association of Washington Cities (AWC). Premiums offered through AWC would be
higher than what the city currently pays and the coverage available to city employees would
be significantly reduced. In the event the city were to change from a self-insured health plan
to a different plan, appropriate notice would need to be given to the labor unions and the
effects would have to be bargained.
37
OFFICE OF THE CITY CLERK
129 North Second Street
Yakima, Washington 98901
Phone (509) 575-6037 • Fax (509) 576-6614
MEMO NDUM
January 12, 2017
TO: The Honorable Mayor and Members of the City Council
Cliff Moore, City Manager
FROM: Sonya Claar Tee, City Clerk
SUBJECT: Question from Tony Courcy at the January 10, 2017 Business Meeting
Attached is a March 11, 2015 memorandum to the City Council (also provided to Mr.
Courcy). This was included in the March 17, 2015 agenda packet as an information item.
Additionally, Mr. Courcy received this information again on September 2, 2015, in
response to a Public Disclosure Request he filed that day. City Engineer Sheffield has
provided a second memo, which further explains the issue.
38
DEPARTMENT OF PUBLIC WORKS
2301 Fruitvale Blvd., Yakima, Washington 98902
Phone (509) 575-6005
Informational Item
Date: March 11, 2015
To: Honorable Mayor, Members of City C Line], and City Manager
From: Scott Schafer, Public Works Director
Joe Rosenlund, Streets & Traffic Operations anaVer
Re: Status of Crosswalk on Martin Luther King Jr. Boulevard at North 4th
Street
At the March 3, 2015 City Council meeting, Tony Courcy asked about the status of the
pedestrian crossing on Martin Luther King Jr. Boulevard at North 4th Street near St.
Joseph Church.
The pedestrian crossing still exists with a marked crossing and warning signs. The in -
pavement flashers were removed as part of the arterial repaving program last summer.
The contractor however failed to remove the pushbuttons that activated the flashers;
causing some confusion as to whether the system was still active or was in need of
repair. City staff has since removed the pushbuttons to avoid any further confusion.
The in -pavement flashers were removed because they were ineffective with poor
compliance for both the drivers and pedestrians. From the drivers' standpoint, the
flashers were difficult to see under most conditions. Additionally, drivers may not have
known what was expected of them since in -pavement flashers are not common in this
area.
An additional warning beyond the existing signs and pavement markings is not
necessary. The Streets Division will continue to monitor to ensure safety at this
crosswalk. The location remains well lit and has no apparent sight obstructions.
Administration 575-61)05 • Equipment Rental. 575-6005 • Parks & Recreation 575-6020 • Refuse 575-6005
Street 575-6005 • Traffic 575-6005 • Transit 575-6005
s4
39
Informational Item
January 12, 2017
To: Honorable Mayor, Members of City Council and City Manager
From: Brett Sheffield, Chief Engineer
Subject: Pedestrian Crossing at Martin Luther King, Jr. Boulevard and 4th
Street
At the January 10, 2017 City Council Meeting, Tony Courcy questioned the
absence of a pedestrian crossing signal on Martin Luther King, Jr. (MLK)
Boulevard at 4th Street. He had asked the same question at the March 3, 2015
City Council Meeting and Scott Schafer and Joe Rosenlund had provided the
attached response.
Perhaps a little more information could be helpful.
In 2008, the City bid a project that had a contractor install four pedestrian
crossing signals in the following vicinities: 16th Avenue and Bonnie Doone; 4th
Street and MLK; 1st Street and 'N' Street; and, 16th Avenue and Hathaway. The
signals placed near 16th Avenue and Bonnie Doone, lat Street and 'N' Street,
and 16th Avenue and Hathaway were the typical overhead traffic signal.
At the 4th Street and MLK crossing, it was determined to experiment with a new
methodology that placed high intensity lights into the pavement, which would
flash shortly after the pushbuttons were activated by pedestrians, thereby
alerting drivers that pedestrians were crossing the street. The pedestrian
crossing system was planned to be placed at the west 4th Street crossing. Due
to the fact that the basement of the Yakima Herald Building extends under
MLK, it was not practical to place the pedestrian crossing signal west of 4th
Street. Following placement of the high intensity lights at the crossing east of
4th Street, it was noticed that the profile of the roadway made it difficult to see
the flashing lights.
As stated in Scott's response, during the 2014 Street Resurfacing Project, the
in -pavement flashers were removed because they were ineffective. Currently,
there are crosswalks, both east and west of 4th Street, along with pedestrian
crossing warning signs. The City's Streets Division monitors the safety of these
crossings. Due to the modest ADT (6,000 in 2015), and traffic signals at 1st
Street, 2nd Street and 3rd Street, there appear to be plenty of gaps in traffic for
pedestrians to cross MLK at this location.
OFFICE OF THE CITY MANAGER
129 North Second Street
CityHull,Yekinu,#axh/nX/on 98901
Phone (509)575'604A
February 3, 2017
Mr. Tony Courcy
919 N 16th Ave.
Yakima, WA 98902
Mr. Courcy,
40
Thank you for taking the time to meet with me and Joan the other day to discuss your concern with city
policies and practices. I asked staff to look into your concerns and with this reply, hopefully I adequately
address your concern and you and the city are able to move forward in a positive manner.
A zoning violation was reported to the code administration division on September 3, 2014 for 921 N. 16th
Avenue (Case # CAC -14-1614) for restricted access to the neighboring espresso stand. A code compliance
officer was assigned the case and upon further investigation determined that there were unlicensed
vehicles loaded with debris in the parking lot. In accord with city policies, these vehicles were deemed
junk vehicles and needed to be moved to allow the required parking for the neighboring business.
You wanted to know why the tenant of the adjoining property was notified of the code violation when
you are the property owner of record. It has always been the policy of the City of Yakima to notity the
owner and tenant of the property when a Notice of Non Compliance is issued. The Notice of Non
Compliance identifies the property, alleged violation(s), remedial options, and contact information for
staff. It is the City's responsibility for ensuring all parties involved are notified so appropriate action can
be taken. That is why both you (as property owner) and the espresso stand (as tenant) were notified of
the violation.
Again, I hope I have adequately addressed your concern with city policies and practices. If you have any
questions please contact me or Joan Davenport.
Sincerely,
I t
Cliff Moore
City Manager
cc: Joan Davenport, Dir. of Community Development
Yakima
le At
MEMORANDUM To: Clff Moore, City Manager
From: Joan Davenport, Director of Commuriity Development
Subject: Summary of Development History & Frontage Improvements for 921 N 16th Avenue
Date: February 3, 2017
41
Mr. Tony Courcy has participated numerous times in the "Audience Participation" portion of City
Council meetings and Council committees. He often has expressed frustration regarding the installation
of frontage improvements that were required as a condition of approval when the espresso stand was
installed a1921N26wAvenue. OoJanuary 19,Z017,ioameeting with Cliff Moore, and myself, Mr
Courcy asked the foliowing questions:
I. If someone hooks into the storm drain on Hathaway Street where his frontage improvements
were built, does he get reimbursed?
2. He believes the storm drain on Hathaway Street is not connected to anything and doesn't drain
any water.
3. He believes he was treated differently than other developers.
In 2003, the espresso stand was constructed on a paved lot where used cars were previously sold. The
espresso stand generated more traffic than the used car lot and the conversion of this land required
frontage improvements as detailed in Yakima Municipal Code 12.06.070. The City Engineering Division
issued a "Street Break Permit" for the installation of a new driveway and sidewalk section that included
concrete curb returns and a storm drain. On January 23, 2017 the Wastewater division noted that "the
drain is located entirely within the street right of way and includes a rntch'basin, connector pipe, and an
Underground Injection Control (UIC). The installation is not located toserve adryweUfrom the adjoining
property".
2004 Aerial photo
42
MEMORANDUM
November 6, 2018
TO: The Honorable Mayor and Members of City Council
Cliff Moore, City Manager
FROM:
The Honorable Susan Woodard, Presiding Judge
Linda Hagert, Court Services Manager
Isabel Cruz, Accountant
SUBJECT: 3rd Quarter 2018 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, 2018. Detailed reports are available from the Office of the
Municipal Court. Prior year totals for 2017 are included for comparison.
The following summary information for each quarter includes:
I. Municipal Court Infraction Statistics
II. Municipal Court Criminal Statistics
III. Public Safety Education Assessment (PSEA) Statistics
IV. Collection Statistics --Municipal Court Outstanding Time -Pay Contracts
V. Outside Agency Collection Statistics
43
Yakima Municipal Court -- 3rd Quarter 2018
I. Municipal Court Infraction Statistics
Page 2
2017 Prior
Year
2018 Prior
Quarters
July
August
September
2018
YTD Total
Filings -- Proceedings During
Year: 2018
Infractions Filed
15,258
6,585
1,009
998
879
9,471
Violations Charged
23,086
9,904
1,536
1,544
1,359
14,343
Mitigation Hearings
1279
586
107
95
107
895
Contested Hearings
323
143
18
25
22
208
Show Cause Hearings
163
74
11
6
17
108
Other Hearings On Record
2,171
1,256
214
178
187
1,835
Total
42,280
18,548
2,895
2,846
2,571
26,860
Dispositions During Year:
2018
Infractions Paid
3,724
1,540
261
253
224
2,278
Failure to Respond
94
39
17
20
4
80
Committed
6,540
2,803
468
427
549
4,247
Not Committed
142
83
11
19
4
117
Dismissed
1,738
907
162
139
139
1,347
Amended
83
29
6
5
10
50
Total Disposed
12,321
5,401
925
863
930
8,119
Municipal Court Traffic
Infraction Revenues
$1,386,053
$710,963
$98,432
$107,846
$76,973
$994,214
Budget
$1,367,599
$1,367,599
Page 2
44
Yakima Municipal Court -- 3rd Quarter 2018
II. Municipal Court Criminal Statistics
Page 3
2017 Prior
Year
2018 Prior
Quarters
July
August
September
2018
YTD Total
Filings During Year:
Citations Filed
3,167
1,523
260
294
214
2,291
Violations Charged
4,046
1,985
332
384
283
2,984
Trial Settings
During Year:
Non Jury Trials Set
-
-
0
0
0
-
Jury Trials
1,817
902
178
181
103
1,364
Proceedings:
Arraignments
2,753
1,308
243
224
197
1,972
Non Jury Trials
-
-
0
0
0
-
Jury Trials
9
2
0
0
1
3
Stipulations to Record
7
5
0
4
0
9
Other Hearings
4,027
1,943
300
310
249
2,802
Dispositions:
Bail Forfeitures
-
-
Guilty
2,537
1,279
186
216
195
1,876
Not Guilty
2
3
0
0
1
4
Dismissed
1,518
745
103
101
73
1,022
Amended
263
91
18
22
11
142
Deferred Driver/Other
702
335
54
50
28
467
Prosecution Resumed
112
83
4
12
7
106
Appeals to Superior Court
5
1
0
0
0
1
Total Disposition
5,139
2,537
365
401
315
3,618
Criminal Fines Revenue:
DUI Penalties
$87,191
$ 46,391
$2,389
$5,823
$5,787
$60,390
Criminal Traffic
129,094
$ 59,164
2,951
10,202
4,814
77,132
Non -Traffic Misdemeanor
66,042
$ 32,317
4,923
8,469
3,525
49,234
Recoupments
115,146
$ 64,455
1,921
10,972
5,643
82,992
Total Fines
$397,473
$202,327
$12,185
$35,467
$19,769
$269,748
Total Budget
$386,724
$386,724
Page 3
45
Yakima Municipal Court -- 3rd Quarter 2018
III. Public Safety Education Assessment (PSEA) Statistics
* 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
As of
9/30/2018
Outstanding Municipal Court Time -Pay Agreements**
$2,319,318
**After judgment the offender makes arrangements with the court to pay their outstanding fines. If the offender does 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
Following, please find summary statistical reports for Municipal Court's 3rd Quarter
2017 Prior
Year
2018 Prior
Quarters
July
August
September
2018
YTD Total
Public Safety
Education Assessment
(PSEA) Payments
$1,914,552
$980,779
$149,597
$144,398
$143,572
$1,418,346
* 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
As of
9/30/2018
Outstanding Municipal Court Time -Pay Agreements**
$2,319,318
**After judgment the offender makes arrangements with the court to pay their outstanding fines. If the offender does 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
Following, please find summary statistical reports for Municipal Court's 3rd Quarter
***Net of cancellation
Page 4
2018 and
Prior Years
Outside
Collection Agency:
Accounts Assigned in 2014
6,296,484
Accounts Assigned in 2015
5,778,284
Accounts Assigned in 2016
6,254,178
Accounts Assigned in 2017
5,451,692
Accounts Assigned in 2018
3,451,634
Total Assignments
$27,232,272
Dollars Collected Since 2014
$4,983,324
Collection Performance Court Accounts
18.30%
***Net of cancellation
Page 4
46
YAKIMA CITY COUNCIL
November 13, 2018
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
A. Proclamations
i. 2018 Small Business Saturday Proclamation
B. Presentations / Recognitions / Introductions
i. Presentation of Yakima Indicators Website by EWU Representative
5. Council Reports
6. Consent Agenda
Items listed are considered routine by the City Council and will be enacted by one motion without
discussion. A 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. Approve payment of disbursements for the period September 1 — 30, 2018
B. Resolution approving amendment to Section C of Yakima Administrative Policy No. 2-200
for the purpose of clarification and internal consistency
C. Ordinance adopting the City Council's decision on the Comprehensive Plan Amendment
(CPA#001-18) and concurrent Rezone (RZ#002-18) request by Coastal Farm Real
Estate Inc.
D. Ordinance adopting the City Council's decision on the Comprehensive Plan Amendment
(CPA#002-18) and concurrent Rezone (RZ#003-18) request by Yakima Valley
Farmworkers Clinic
E. Ordinance adopting the City Council's decision on the Comprehensive Plan Amendment
(CPA#003-18) and concurrent Rezone (RZ#004-18) request by William Almon
F. Ordinance adopting the City Council's decision on the Comprehensive Plan Amendment
(CPA#004-18) and concurrent Rezone (RZ#005-18) request by Riverpointe Landing LLC
/ Westtowne LLC
G. Ordinance adopting the City Council's decision on the Comprehensive Plan Amendment
(CPA#005-18) and concurrent Rezone (RZ#006-18) request by West Valley Nursing
47
Homes Inc DI?riAF
H. Ordinance adopting the City Council's decision on the Comprehensive PI
(CPA#006-18) and concurrent Rezone (RZ#007-18) request by Israel Zaragoza
1. Ordinance adopting the City Council's decision on the Comprehensive Plan Amendment
(CPA#007-18) and concurrent Rezone (RZ#008-18) request by the City of Yakima
Wastewater Division
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 speakers 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.
PUBLIC HEARINGS
8. First public hearing on the 2019 Preliminary Budget for the City of Yakima
9. Closed record public meeting and Ordinance to consider the Yakima Planning Commission's
recommendation regarding a rezone application submitted by Datal Properties LLC for property
at 113 and 115 North 56th Avenue
10. Open record public hearing and Ordinance to consider the Yakima Planning Commission's
recommendations regarding proposed text amendments to YMC Title 1 Administration, Title 15
Urban Area Zoning Ordinance, and Title 16 Administration of Development Permit Regulations
DEPARTMENT ITEMS
11. 3rd Quarter 2018 Capital Improvement Projects Report
CITY MANAGER UPDATE
12. Ordinance adopting the preliminary design for the Yakima Central Plaza and authorizing
initiation of all work and documentation necessary to construct the Yakima Central Plaza on City
Parking Lot No. 2
13. Other Business
14. Adjournment
15. 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 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.
48
CITY MEETING SCHEDULE
For November 5-12, 2018
Please note: Meetings are subject to change
Monday. November 5
11:00 a.m. Bid opening — Council Chambers
5:00 p.m. Tree City USA meeting — Council Chambers OR 2nd Floor Conference Room
5:30 p.m. (tentative) Community Integration Committee — Council Chambers
Tuesday, November 6
10:00 a.m. County Commissioners—Council Chambers
6:00 p.m. City Council meeting — Council Chambers
Wednesday, November 7
5:30 p.m. Community Review Board — Council Chambers
Thursday, November 8
9:00 a.m. Hearing Examiner — Council Chambers
1:30 p.m. Clean Air Board meeting — Council Chambers
Friday, November 9
1 1 :00 a.m. Bid opening — Council Chambers
Monday, November 12
Veteran's Day Observed — City Hall Closed
49
Office ofMayor/City Council
Preliminary Future Activities Calendar
Please Note: Meetings are subject to change
Meeting
Tue. Nov. 6
Thurs. Nov 8
10:00 a.m.
1:00 p.m.
Mon. Nov. 12
5:30 p.m.
Tue. Nov. 13
11:30e.nn.
5:00 p.m.
Wed. Nov. 14
9:00 a.m.
10:00 a.m.
1:00 p.m.
2:00 p.m.
3:00 p.m.
Organization Meeting Purpose Participants
m �
City eeti
Council Healthy
Communities
Neighborhood Building
Committee
Seniors Inc
rakima Regional Clean Air
Community Integration
Committee meeting
Chamber Board meeting
(T) Counc Executive
session
City Council nneetin
EMS Board meeting
Bike and Ped Committee
Yakima County Integration
Plan Committee
Trans Action
Planning Commission
meeting
5:30 p.m. Yakima Parks and
Recreation Commission
Thur. Nov. 15
1:30 p.m.
3:00 p.m.
4:00 p.m.
Council Economic
Development Committee
nnaeonn
Council Public Safety
Committee meeting
YCDA Board meeting
Scheduled Meeting
Board Meeting
Scheduled Meeting
Scheduled Meeting
Board Meeting
Scheduled Meeting
Scheduled Mepting_
Board Meeting
Scheduled Meeting
Scheduled Meeting
Scheduled Meeting
Scheduled Meeting
Scheduled Meeting
Scheduled Meeting
Scheduled Meeting
Board Meeting
Council
Coffey, White
Hill
Mendez
White
White
Council
Meeting Location
Council Chambers
2nd Floor Conference Room
Harman Center
Council Chambers
Council Chambers
Chamber of Commerce
Council Chambers
Council Cots:toil Chambers
White
Mendez
Mendez
A. Gutierrez
D. Gutierrez
White, Gutierrez,
Cousens
Funk, Gutierrez,
Cousens
Gutierrez
EMS Office
2nd Floor Conference Room
Ecology
WSDOT
Council Chambers
Council Chambers
2nd Floor Conference Room
2nd Floor Conference Room
New Vision
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