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02/26/2019 03 City Manager Update to\'4\lyy tbxk ik 1 + PPP d g. P A P p P 1 PPi ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 3. For Meeting of: February 26, 2019 ITEM TITLE: City Manager update SUBMITTED BY: Cliff Moore, City Manager SUMMARY EXPLANATION: City Manager Update Items: 1. Judicial arrest warrants — Cynthia Martinez 2. LED Project Update — Scott Schaffer and Jeff Cutter 3. Nuevo Camino invitation— Cliff Moore 4. Opportunity Zones — Cliff Moore 5. Joint meeting with Yakima School District— Cliff Moore 6. Legal update on WGOG/WSAMA issue — Jeff Cutter 7. Public comment process at Council meetings — Sonya Claar Tee 8. 2020 census update — Cliff Moore 9. Start time for Council meetings — Cliff Moore ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: City Manager 2 STAFF RECOMMENDATION: BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D warrant memo 2'22'2019 CzAer Memo D 42 LED SlaILF, 2/22'2019 Cowl'Memo D 113 El Nuevo avnlno project 2'222019 Cccr Memo D #4 coLortunily zone 2 22'2019 avu Memo D "Pi cppodurffly zone map Z'22/2019 Cowr Memo D 141consOS 2'22'2019 Cow;Memo 3 CITY OF YAKIMA LEGAL DEPARTMENT 200 South Third Street,2nd Fl. I Yakima,WA 98901 P: 509.575.6030 I F: 509.575.6160 MEMORANDUM February 22, 2019 TO: Cliff Moore, City Manager FROM: Cynthia Martinez, Senior Assistant City Attorney SUBJECT: Change in ICE procedure ICE is now serving the City of Yakima with Arrest Warrants signed by a judge. Arrest Warrants may be issued upon a probable cause finding of criminal violation(s). Previously (2017), ICE was issuing Administrative Warrants (1-200) which were signed by an officer, not a judge, and did not clearly indicate whether the allegation was civil or criminal in nature. In 2017, a Federal Judge issued an injunction prohibiting the Yakima County jail from holding individuals pursuant to an 1-200. The case was appealed and has resolved with a settlement stipulation dated February 5, 2019. As a result of the lawsuit, Yakima County jail is no longer holding individuals past their release pursuant an 1-200. The City jail had previously discontinued this practice. YPD law enforcement and City jail personnel regularly honor warrants for arrest from other jurisdiction. A Warrant for arrest, signed by a judge, is a Court Order. Failing to honor Court Orders could cause the City of Yakima to be subject to an Order of Contempt, fines and exposure to liability. The new judicially approved Federal Warrants will have the following effect on the individual named in the warrant: 1. The jail ill honor the warrant for arrest and transfer the individual to the County Jail who has a housing contract with ICE. 2. YPD officers will not ask victims, witnesses or suspects their immigration status in the field, however, officers typically run all victim's, witnesses' and suspect's names through the NCIC/WASIC system and if a valid arrest warrant appears, the individual will be arrested. 4 Memorandum February 22, 2019 To: Honorable Mayor, Members of City Council, City Manager From: Scott Schafer, Director of Public Works Joe Rosenlund, Streets & Traffic Operation Manager Subject: Update - LED Lighting Upgrade Project Project completion stands at 51%. 2342 out of 4594 streetlight fixtures upgraded to LED. The remaining fixtures are either those on poles owned by Pacific Power (PPL) or on City owned poles that are directly fed from PPL transformers with no circuit disconnect devices. Issues regarding Labor and Industries (L&I) directives and electrical code compliance have been resolved. All remaining installations must have a circuit disconnect device between the transformer and the fixture. Separate ground wires are not required at each wood light pole. The disconnect requirement has added significant time and cost to the project. Besides the additional material costs, work must be done by certified linemen and licensed electricians. The additional cost is significant. Because of the significant cost increase due to certification requirements of the installers, Department of Enterprise Services (DES) has requested clarification and justification from L&I. L&I did not provide that information within the time that they agreed. This has further delayed the change order negotiations between DES and Ameresco. DES and L&I are scheduled to meet today to discuss the issues. The estimated timeline from completion of the negotiations of the change order and commencement of work is two weeks. Once the work is allowed to begin, contractors will be able to install fixtures in advance of the disconnect devices. All fixtures are expected to be installed before July 1. Work on the disconnect installation is expected to take until October. City crew are allowed and presently are changing fixtures on City-owned poles for maintenance purposes only. Pacific Power has extended the deadline to receive energy savings incentives to June 28, 2019. The City will receive a lower incentive payment for any light installed after that date. The Department of Commerce has approved 100% payment of the project grant ($350,000) even though the project is not complete. The approval is because the City has already made payments in excess of$1 million to the contractor for work that has been done. L&I continues to review the Installation Action Plan. Work cannot proceed until L&I approves this plan. The City's main concern aside from this project not being completed and providing better lighting for our residents, is the fact that we have not recognized enough operational savings from the amount of new lights installed to offset the debt service for our bond. The City continues to work in good faith with DES, L&I and Ameresco to come to a resolution to this issue. A meeting between the City, DES and Ameresco is tentatively scheduled for the first week in March. 5 S E : I L ' le ' S : 5945 As of February 21, 2019 Title: An act relating to creation of a pilot project to reduce youth gang involvement, crime, and violence in eastern Washington. Brief Description: Creating a pilot project to reduce youth gang involvement, crime, and violence in eastern Washington. Sponsors: Senators Warnick, Sheldon, King, Conway, Honeyford, Brown and Walsh. Brief History: Committee Activity: Human Services, Reentry & Rehabilitation: 2/20/19. Brief Summary of Bill • Appropriates $1,448,000 for FY 2020 and $1,448,000 for FY 2021 from the state general fund account to the Department of Commerce (Commerce) to provide a grant to building bridges east (grant recipient). • Establishes policies, procedures, data collection, duties, and reporting timeframes and contents for Commerce and the grant recipient. SENATE COMMITTEE ON HUMAN SERVICES, REENTRY& REHABILITATION Staff: Keri Waterland (786-7490) Background: In 1993, the Legislature enacted ESHB 1333 declaring the following: 1. The number of youth who are members and associates of gangs and commit gang violence has significantly increased throughout the entire greater Puget Sound, Spokane, and other areas of the state. 2. Youth gang violence has caused a tremendous strain on the progress of the communities impacted. The loss of life, property, and positive opportunity for growth caused by youth gang violence has reached intolerable levels. Increased youth gang activity has seriously strained the budgets of many local jurisdictions, as well as threatened the ability of the educational system to educate our youth. 3. Among youth gang members, the high school dropout rate is significantly higher than among nongang members. Since the economic future of our state depends on a highly educated and skilled workforce, this high school dropout rate threatens the This analysis was prepared by non-partisan legislative stafffor the use of legislative members in their deliberations. This analysis is not a part ofthe legislation nor does it constitute a statement of legislative intent. Senate Bill Report - 1 - SB 5945 6 economic welfare of our future workforce, as well as the future economic growth of our state. 4. The unemployment rate among youth gang members is higher than that among the general youth population. The unusual unemployment rate, lack of education and skills, and the increased criminal activity could significantly impact our future prison population. 5. Most youth gangs are subcultural. This implies that gangs provide the nurturing, discipline, and guidance to gang youth and potential gang youth generally provided by communities and other social systems. The subcultural designation means youth gang participation and violence can be effectively reduced in Washington communities and schools through the involvement of community, educational, criminal justice, and employment systems working in a unified manner with parents and individuals who have a firsthand knowledge of youth gangs and at-risk youth. 6. A strong unified effort among parents and community, educational, criminal justice, and employment systems would facilitate: • the learning process; • the control and reduction of gang violence; • the prevention of youth joining negative gangs; and • the intervention into youth gangs. As a result of this declaration, the Legislature further intended to develop positive prevention and intervention pilot programs for elementary and secondary age youth through cooperation between individual schools, local organizations, and government, and if the prevention and intervention pilot programs were determined to be effective in reducing problems associated with youth gang violence, other counties in the state could be eligible to receive special state funding to establish similar positive prevention and intervention programs. Commerce is the lead state agency charged with enhancing and promoting sustainable community and economic vitality in Washington. They administer grants and a portfolio of more than 100 programs and several state boards and commissions, all focused on helping communities achieve positive growth. Commerce may recommend existing programs or contract with either school districts or community organizations, or both, through a request for proposal process for the development, administration, and implementation in the county of community-based gang risk prevention and intervention pilot programs. Proposals by the school district for gang risk prevention and intervention pilot program grant funding shall last for two years. The school district or community organization proposal shall include the following: 1. A description of the program goals, activities, and curriculum. The description of the program goals shall include a list of measurable objectives for evaluation by Commerce. To the extent possible, proposals shall contain empirical data on current problems, such as dropout rates and occurrences of violence on and off campus by school-age individuals, 2. A description of the individual schools and geographic area to be affected by the program, Senate Bill Report -2 - SB 5945 7 3. A demonstration of broad-based support for the program from business and community organizations. 4. A clear description of the experience, expertise, and other qualifications of the community organizations to conduct an effective prevention and intervention program in cooperation with a school or a group of schools. 5. A proposed budget for expenditure of the grant. Grants awarded may not be used for the administrative costs of the school district or the individual school. Gang risk prevention and intervention pilot programs shall include, but are not limited to: • counseling for targeted at-risk students, parents, and families, individually and collectively; • exposure to positive sports and cultural activities, promoting affiliations between youth and the local community; • job training, which may include apprentice programs in coordination with local businesses, job skills development at the school, or information about vocational opportunities in the community; • positive interaction with local law enforcement personnel; • the use of local organizations to provide job search training skills; • cultural awareness retreats; • the use of specified state resources, as requested; and • community service such as volunteerism and citizenship. Summary of Bill: The Legislature shall make an appropriation totaling $1,448,000 for FY 2020 and $1,448,000 for FY 2021, or funding thereafter necessary, from the state general fund account for Commerce to provide a grant to the grant recipient to reduce youth gang involvement, crime, and violence in eastern Washington. The funding must be used to contract for operating the El Nuevo Camino pilot projects (pilot project) for Moses Lake, Mattawa, Quincy, Othello, Toppenish, Wapato, Zillah, western lower valley in Yakima county, Kennewick, Richland, and Pasco. Commerce must adopt policies and procedures to administer the pilot project, and track compliance and outcomes. The grant recipient must: 1. Provide antigang services in eastern Washington. 2. Pledge and provide a minimum of 30 percent of matching funds over the 2019-2021 biennium. 3. Establish a coordinated effort with committed partners, including law enforcement, prosecutors, mental health practitioners, and schools. 4. Demonstrate a clear plan to engage in long-term antigang efforts after the conclusion of the pilot project. 5. Work to reduce youth gang crime and violence by implementing the comprehensive gang model of the federal juvenile justice and delinquency prevention act of 1974. 6. Increase mental health services to unserved and underserved youth by implementing the best practice youth mental health model of the national center for mental health and juvenile justice. Senate Bill Report -3 - SB 5945 8 7. Work to keep high-risk youth in school, reenroll dropouts, and improve academic performance and behavior by engaging in a grass roots team approach in schools with the most serious youth violence and mental health problems, which must include a unique and identified team in each district participating in the project. 8. Hire a project manager and quality assurance coordinator, 9. Adhere to recommended quality control standards for Washington State research- based juvenile offender programs as set forth by the Washington State Institute for Public Policy; 10. Provide mentoring services for ten juvenile rehabilitation parolees. 11. Report to Commerce by September 1, 2020, and September 1, 2021, the following: • the number of youth and adults served through the project and the types of services accessed and received; • the number of youth satisfactorily completing chemical dependency treatment in the county; • the number of youth satisfactorily completing mental health treatment in each county; • the estimated change in gang participation and gang violence; • the estimated change in dropout and graduation rates; • the estimated change in overall crime rates and crimes typical of gang activity; • the estimated change in recidivism for youth offenders in the county; and • other information required by Commerce or otherwise pertinent to the pilot project. Commerce shall report the information listed above, as well as other relevant data, to the Governor and appropriate committees of the Legislature by October 1, 2020, and October 1, 2021. Appropriation: The bill contains an appropriation totaling $1,448,000 for FY 2020 and $1,448,000 for FY 2021 from the state general fund account. Fiscal Note: Requested on February 18, 2019. Creates Committee/Commission/Task Force that includes Legislative members: No. Effective Date: Ninety days after adjournment of session in which bill is passed. Staff Summary of Public Testimony: PRO: We would like to have this funded because of the large amount of gang involvement of youth in eastern Washington. This is a good bill that does cost but provides support and good services. The programs are currently running in two areas listed in the bill. Yakama Nation is not included in its entirety and we would like to be. Persons Testifying: PRO: Senator Judy Wamick, Prime Sponsor; Ron Hanna, Building the Bridges East; Dawn Vyvyan, Yakama Nation. Persons Signed In To Testify But Not Testifying: No one. Senate Bill Report -4 - SB 5945 9 MEMORANDUM To: Cliff Moore, City Manager From: Joan Davenport, Community Development Director Date: February 22, 2019 Subject: Opportunity Zones in City of Yakima In October 2018, Washington State designated 139 Census Tracts as "Opportunity Zones" (OZ), as authorized in the federal Tax Cuts and Jobs Act of 2017, signed into law on Dec. 22, 2017. The City of Yakima received recognition of 3 Census Tracts (Tracts 1, 2 and 15). The City of Union Gap received one Census Tract recognition (Tract 13). Selection of OZ census tracts was significantly limited. Only Tracts where the poverty rate was at least 20 percent or median family income up to 80 percent of the area median in order to qualify. City representatives worked with Yakima County Development Association to identify appropriate Tracts. In addition, the Tracts must have contained projects or the feasibility of additional projects where investments could be made that may benefit capital gain financing. The scale and type of projects will detail what the benefits may be. How Does the Opportunity Zone Program Work? • Qualified Opportunity Zones are selected at the State level and certified by the U.S. Department of the Treasury and are required to hold at least 90 percent of their assets in qualified opportunity zone businesses and/or business property. • To qualify, capital gains must be invested in a Qualified Opportunity Fund within 180 days of the date of the sale or exchange that generated the gain. • The tax deferral is temporary (up to nine years) and the program ends on December 31, 2026. • U.S. Department of the Treasury and the IRS released proposed regulations on Opportunity Zones designed to incentivize investment in American communities. The Treasury Department plans on issuing additional guidance before the end of the year after notice and comment. • Washington state Department of Commerce maintains a web site that has information about Opportunity Zones in our state: https:/i .commerce.wa.gov/growing-the-economy/opportunity-zones/ When the City has inquiries about Opportunity Zones, we generally refer those individuals to the YCDA"New Vision" program. ap data C) Operi Tracts Designated as Opportunity Zones A *V+ eetMap contributors, CC -BY -SA 11 MEMORANDUM To: Cliff Moore, City Manager From: Joan Davenport, Community Development Director Date: February 22, 2019 Subject: Census 2020 Preparation Preparation for the 2020 Decennial Census is well underway. Census Day is April 20, 2020. Yakima County and the City of Yakima experienced undercounting issues in previous Decennial Census counts. In 1990 and 2010, based on official concerns expressed by the City, the population count data for the City of Yakima changed due to "Federal Corrections" which were adjustments to the Decennial Census based on our contention that we were undercounted. To improve Census data collection efforts in Yakima County, a privately funded organization has emerged, called "el censo 2020" whose mission is: To ensure historically undercounted communities of color, low income and underserved communities throughout south-central Washington are counted in the 2020 Census. The primary Fiscal Sponsor for this organization is the Yakima Valley Community Foundation. The group includes at least 9 existing organizations. City staff (including yourself) have agreed to participate, assist and support as necessary, in sharing data. This was articulated at a general organization meeting on February 4, 2019 which was attended by City staff. This group will serve as a "Complete Count Committee" for the 2020 Census. Responsibilities of a Complete Count Committee include community education, organizing and outreach. This Committee is already recognized by the Washington State Office of Financial Management Census Work group. The local group can be contacted at: Ya kamaYa kimaCensus@gmail.com At February 4, 2019 meeting, City staff shared the Census website that identifies "Hard to Count Census Tracts" which documents Census tracts in the City of Yakima and Countywide where populations are at risk of being undercounted. The City of Yakima has fulfilled our data requirements with the US Census Bureau as directed for address matching and street configurations. 2020 Census I lard to Count Areas: Washi Variable: L OAN reclaim, ograhy: Irate k for additional vari.ible it w ct tae