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08/21/2012 14A Council General Information BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Rem No. For Meeting of: August 21, 2012 ITEM TITLE: Council General Information SUBMITTED BY: CONTACT PERSON /TELEPHONE: SUMMARY EXPLANATION: 1. 2nd Quarter 2012 Municipal Court Office Statistics 2. City Meeting Schedule for week of August 20 -27, 2012 3 Preliminary Future Activities Calendar as of August 20, 2012 4. Preliminary Council Agenda 5. 2012 Study Session Schedule 6. Planning Commission agenda for 8/22/12 7. Letter from Frank Christie regarding Senior Home Repair 8. Newspaper /Magazine /Internet Articles: "Five Tips on Supporting a Ballot Proposition," MRSC.org, August 6, 2012 Resolution Ordinance Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Source: Phone: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download El gen info MEMORANDUM August 21, 2012 - TO: The Honorable Mayor and Members of City Council Tony O'Rourke, City Manager FROM: The Honorable Susan Woodard, Presiding Judge Linda Hagert, Court Services Manager Debbie Baldoz, CPA SUBJECT: 2nd Quarter 2012 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 presides 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 2nd Quarter activity through June 30, 2012. Detailed reports are available from the Office of the Municipal Court. Prior year totals for 2011 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 DB 2012 2nd Qtr MuniCt Page 1 Yakima Municipal Court -- 2nd Quarter 2012 I. Municipal Court Infraction Statistics 2011 2012 Prior 2012 Prior Year Qtrs. April May June YTD Total Filings -- Proceedings During Year: Infractions Filed 9,600 2,339 728 874 704 4,645 Violations Charged 12,586 3,111 995 1,200 959 6,265 Mitigation Hearings 1,190 312 79 108 73 572 Contested Hearings 292 86 25 18 27 156 Show Cause Hearings 108 18 9 15 3 45 Other Hearings On Record 2,496 530 176 212 177 1,095 Total 26,272 6,396 2,012 2,427 1,943 12,778 Dispositions During Year: Infractions Paid 2,469 590 153 203 161 1,107 Failure to Respond 2,812 816 77 78 155 1,126 Committed 3,877 865 297 388 295 1,845 Not Committed 166 38 19 13 15 85 Dismissed 1,928 506 133 183 107 929 Amended 9 0 1 3 2 6 Total Disposed 11,261 _ 2,815 680 _ 868 _ 735 - 5,098 Municipal Court Traffic Infraction Revenues $960,485 $241,460 $58,485 $66,967 $78,668 $445,580 Budget $1,060,000 $1,000,000 DB 2012 2nd Qtr MuniCt Page 2 Yakima Municipal Court -- 2nd Quarter 2012 - II. Municipal Court Criminal Statistics 2011 Prior 2012 Prior 2012 Year Qtrs. April May June YTD Total Filings During Year: Citations Filed 5,141 1,229 399 499 592 2,719 Violations Charged 6,132 1,453 486 589 703 3,231 Trial Settings During Year: Non Jury Trials Set 8 2 0 0 0 2 Jury Trials 2,154 390 117 154 164 825 Proceedings: Arraignments 4,255 1,003 383 374 423 2,183 Non Jury Trials 1 0 0 0 0 0 Jury Trials 15 2 1 1 2 6 Stipulations to Record 3 1 1 1 0 3 Other Hearings 5,103 1,176 428 449 462 2,515 Dispositions: Bail Forfeitures 11 1 0 0 0 1 Guilty ' 3,698 913 304 337 341 1,895 Not Guilty 5 0 1 0 1 2 Dismissed 2,255 557 159 181 147 1,044 Amended 329 67 22 24 17 130 Deferred /Driver 543 151 47 52 39 289 Prosecution Resumed 125 32 10 7 3 52 Total Disposition 6,966 1,721 543 601 548 3,413 Criminal Fines Revenue: DWI Penalties $102,773 $21,766 $9,299 $7,832 $7,293 $46,190 Criminal Traffic 147,886 35,727 11,507 9,235 9,459 65,928 Non - Traffic Misdemeanor 87,270 29,971 10,117 8,247 8,769 57,104 Recoupments 186,478 80,600 26,281 6,533 13,126 126,540 Total Fines $524,407 $168,064 $57,204 $31,847 $38,647 $295,762 Total Budget $545,000 $555,000 DB 2012 2nd Qtr MuniCt Page 3 Yakima Municipal Court -- 2nd Quarter 2012 III. Public Safety Education Assessment (PSEA) Statistics 2011 2012 Prior 2012 Prior Year _ Qtrs. April May June YTD Total Public Safety $1,416,534 $374,918 $107,525 $95,321 $135,741 $713,505 Education Assessment (PSEA) Payments * * 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 06/30/2012 Outstanding Municipal Court Time -Pay Agreements ** $2,705,570 * *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 2012 and Prior Years Outside Collection Agency: * ** Accounts Assigned in Prior Years $18,353,161 Accounts Assigned in 2008 4,368,049 Accounts Assigned in 2009 4,817,082 Accounts Assigned in 2010 4,199,041 Accounts Assigned in 2011 6,847,084 Accounts Assigned in 2012 2,359,460 Total Assignments $40,943,877 Dollars Collected Since Assignment JCumulative) (as of 6/30/12) $6,889,237 Collection Performance Court Accounts 16.83% * ** Net of cancellation DB 2012 2nd Qtr MuniCt Page 4 CITY MEETING SCHEDULE For August 20, 2012 — August 27, 2012 Please note: Meetings are subject to change Monday, August 20 10:00 a.m. City Council Media Briefing — Council Chambers 5:30 p.m. Airport Board Study Session — Airport Conference Room Tuesday, August 21 10:00 a.m. County Commissioners Agenda Meeting — Council Chambers 5:30 p.m. City Council Executive Session — Council Chambers 6:00 p.m. City Council Meeting — Council Chambers Wednesday, Augu 22 5:30 p.m. Historic Preservation Commission — Council Chambers Thursday, August 23 9:00 a.m. Hearing Examiner — Council Chambers Office Of Mayor /City Council Preliminary Future Activities Calendar Please Note: Meetings are subject to change p r �, .:.i F 1 x is ":. . y ;. ,xwT Mon. Aug. 20 10:00 a.m City Council Media Briefing Scheduled Meeting Adkison Council Chambers 5.30 p.m. Airport Study Session Scheduled Meeting Adkison Airport Conference Room Tue. Aug. 21 12:30 p m. Miscellaneous Issues Scheduled Meeting Cawley, Adkison, TBD Bristol 5:30 p.m. City Council Executive Scheduled Meeting Council Council Chambers Session 6:00 p m. City Council Meeting Scheduled Meeting Council Council Chambers Wed. Aug. 22 5:30 p m Historic Preservation Scheduled Meeting Bristol Council Chambers Commission Mon. Aug 27 12:00 • m Greenwa Board Meetin. Board Meetin. I Greenwa Visitors Center Tue. Aug. 28 9 a.m. Cit Council Retreat Scheduled Meetin• Council Convention Center Mon. Sept. 3 _ ...._ ... ..�_, ..f .........._ - . .._ HOLIDAY - CITY FACILITIES CLOSED Tue. Sept. 4 9'00 a m. City Council Media Briefing Scheduled Meeting Ensey Council Chambers 12 p m. Miscellaneous Issues Scheduled Meeting Cawley, Adkison, TBD Coffey 5 p.m. (T) City Council Executive Scheduled Meeting Council Council Chambers Session 6 m Cit Council Meetin. Scheduled Meetin. Council Council Chambers Thur. Sept. 6 9.00 a.m. Joint Admin & 911 Scheduled Meeting Lover Fire Station 9 - Toppenish Operations Meeting 3 30 p m. YAKCORPS Executive Board Meeting Lover CED Conference Room Board 4.00 p m. GFI Steering Committee Scheduled Meeting Coffey, Adkison, CWCMH Meeting Ettl 6:00 p.m. Yakima Regional Fire Scheduled Meeting Cawley, Coffey, Station 95 Authority Adkison Fri. Sept. 7 P a m. Sister City Meeting Scheduled Meetin. Adkison CED Conference Room b. ,,u a.m Pension Board Meetings Board Meeting Coffey Human Resources Conference Room Tue. Sept. 1-1 • 10 a.m City Council Study Session Scheduled Meeting Council Council Chambers 12:00 p.m. Miscellaneous Issues Scheduled Meeting Cawley, Adkison, TBD Ensey Wed. Sept. 12 3:30 p.m. Yakima Planning Scheduled Meeting Ensey Council Chambers Commission 5:30 p m Parks Commission Meeting Scheduled Meeting Adkison Council Chambers Thur. Sept. 13 1:00 p m. Harman Center Board Board Meeting Adkison Harman Center Meeting 2.00 p.m. Yakima Regional Clean Air Scheduled Meeting Lover Council Chambers Meeting 5:30 p.m. YCDA Board Meeting Board Meeting Adkison New Vision Office PRELIMINARY FUTURE COUNCIL AGENDA August 28 9:00 a.m. City Council Retreat — Convention Center Suites 100 -300 September 4 (T) 5:00 p.m. Executive Session — Council Chambers 6:00 p.m. Business Meeting — Council Chambers • United Way proclamation • A Resolution authorizing an Agreement with Sportsites, Inc. for Web Hosted Program Registration Services for Yakima Parks and Recreation • A Resolution authorizing Sole Source procurement between the City of Yakima and BioBagUSA for the purchase of Biodegradable Leaf Bags • Resolution authorizing an amendment to the J. M. Perry Tech Lease Agreement 7:00 p.m. Public Hearing — Council Chambers 8/15/2012 12:19 PM 1 2012 STUDY SESSION SCHEDULE Council Chambers 10:00 a.m. August 28 City Council Strategic Planning Workshop (Convention Center 9:00 a.m. — 3:00 p.m.) — facilitator Michael Levinson September 11 Parking Commission Future and downtown plans September 25 Mill site October 9 City /County Joint meeting — jail issues October 23 North 1 Street and signage issues TBD Stormwater 8/15/2012 12;20 PM -"' "j ,, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 0 } Planning Division F i' 129 North 2 Street, 2" Floor Yakima, Washington 98901 . Nu/ (509) 575 -6183 • Fax (509) 575 -6105 „,;::'-- ,•- www.buildingyakima.com • www.yakimawa.gov /services /planning City of Yakima Planning Commission PUBLIC HEARING City Hall Council Chambers Wednesday August 22, 2012 3:30 - 5:00 p.m. YPC Members: Chairman Ben Shoval, Co -Chair Bill Cook, Ron Anderson, Al Rose, Scott Clark, Dave Fonfara, Betty Carley City Planning Staff: Joan Davenport, Planning Manager; Bruce Benson, Supervising Planner; Jeff Peters and Joseph Calhoun, Associate Planners; Chris Wilson, Assistant Planner; and Rosalinda Ibarra, Planning Technician Agenda I. Call to Order II. Audience Participation III. Approve Minutes of June 13, 2012, June 27, 2012, and July 11, 2012 IV. Continuation of Public Hearing: CPA #006 -12 - Apple Land Investments/ Wayne Clasen V. Public Hearing: 2012 Zoning Ordinance Text Amendments VI. Other Business VII. Adjourn to September 12, 2012 RECEIVED CITY OF YAKIMA AUG 0 9 2012 OFFICE OF CITY COUNCIL , • •• • tir / <.? a 44, ., 4 4 • '•••' „ • - c t '7: . e , P , r • -1.1.0t4-17 ) er. ? ; F ; / r - r - 7, . „.. 1„ , r.44 .....,...t 4,44 3 7 , /4 rik, Five Tips on.Supporting a Ballot Proposition 1 MRSC Insight Page 1 of 3 Five Tips on Supporting a Ballot Proposition Posted on July 30, 2012by Joe Levan In a past blog post, we provided a refresher on running for reelection and use of public facilities for campaign purposes (July 1o, 2012). In this post, I'll focus on what local government elected officials and staff can do to support a ballot measure (e.g., a tax levy or bond measure). More specifically, I have five tips to help guide elected officials and staff over the — at times — rocky shoals of state election and campaignlaw. Tip is You have many options as long as you're not using agency resources. RCW 42.17A.555 (formerly RCW 42.17.130), which is the key statutory provision that sets forth prohibitions related to supporting or opposing a ballot proposition, is focused on addressing improper use of public facilities for campaign related purposes. The flip side of this coin is that elected officials and public agency employees on their own time and not using agency facilities or resources are not limited in what they can do by RCW 42.17A.555. As long as such officials and employees are not using agency resources, they can support or oppose a ballot proposition, give money in support or opposition of the proposition, and be involved in campaigns. Tip 2: Doesn't the First Amendment protect my speech? In short, yes. Just because you're an elected official or agency employee doesn't mean you give up your free speech rights. In enacting the prohibitions that are in what is now RCW 42.17A.555, the legislature made clear and affirmed that Washington state has a longstanding policy of promoting informed public discussion regarding proposed ballot measures. Elected officials and agency staff have an important voice in that discussion. The prohibitions against using public facilities for campaign purposes have been crafted to respect free speech rights in the political process and provide options for elected officials and agency staff to inform the public. For example, the governing body of a local government is free to: adopt a resolution supporting or opposing a ballot proposition; make facilities available on a nondiscriminatory, equal access basis for political purposes; and /or make an objective and fair presentation of the facts relevant to a ballot proposition, if such an action is part of the normal and regular conduct of the agency. See, e.g., WAC 390 -05 -271 (general applications of RCW 42.17A.555) and WAC 390 -05 -273 (definition of normal and regular conduct). Tip 3: Prepare an agency fact sheet to inform voters. Based on discussions with staff of our state's Public Disclosure Commission (PDC), which has jurisdiction over local election and campaign matters, a recommended approach for an agency in preparing a fact sheet regarding a ballot proposition is to: (1) determine the set of objective facts applicable to the ballot proposition that voters need to know; (2) determine what the agency does as part of its normal and regular conduct in communicating with its constituency (e.g., sending out regular newsletters on substantive issues); and (3) make sure the material is not promotional (i.e., that it does not support or oppose a ballot proposition). Tip 4: If on my own time and not using agency resources I am involved in activities to support a ballot proposition, can I refer to my agency title (e.g., mayor, councilmember, city manager)? Foaow http: / /insight.mrsc.org/ 2012 /07/30/ five - tips -on- supporting -a- ballot - proposition/ 8/6/2012 Five Tips on Supporting a Ballot Proposition 1 MRSC Insight Page 2 of 3 In terms of speaking, PDC staff indicated to me that if a local elected official is making a speech in support of a . ballot proposition, he /she can reference his /her agency title but they need to make clear that the views they are expressing are their personal views. Regarding printed materials such as a privately funded mailer in support of a ballot proposition, an agency official — including their title — can be listed as an endorsee, but the mailer should include a footnote that the title is provided for identification purposes only. Regarding photos, such a privately-funded mailer could include a photo from agency files if the photo was obtained from a Public Records Act (PRA) request, but the mailer should have a footnote that the photo is publicly available and was obtained through a PRA request. What about a photo taken on agency grounds? Generally, if any member of the public would need agency permission to be on the property and take the photo, the photo should not be taken for nor used in such a mailer. A good rule of thumb on these issues is to consider the perception of the receiver of the information. Will they think agency facilities or resources were used? To address such concerns, real or perceived, make sure agency facilities or resources are not used for such activities, and make clear verbally and in written materials that they were not used. Tip 5: If in doubt, contact the PDC — before taking action. I have found PDC staff to be an essential resource for local officials and staff in providing guidance regarding the statutory provisions and implementing regulations that govern activities related to ballot propositions, elections, and campaigns. And because part of their role is to investigate complaints regarding election and campaign matters, PDC staff know the common mistakes that are made and how to avoid making such mistakes. For example, PDC staff review agency fact sheets, poll and survey language, and other printed materials and may provide detailed comments that assist agencies comply with our state's election and campaign laws. Additionally, the PDC has available on its website an array of helpful resources. One such resource prepared by and relied upon by PDC staff that is particularly useful is PDC Interpretation 04 -02 (revised in 2012) — a.k.a. "the Local Guidelines." PDC staff can be reached by phone at 1- 877 -601 -2828 (toll free) and 360 -753 -1111 and /or via email (pdc@ pdc :.wa.gov). Share this: Twitter Facebook 2 Email Like this. Like Be the first to like this. About Joe Levan ' Ill ' a Joe has been a municipal attorney for many years, including as an in -house city attorney, in private practice for two municipal a law firms through which he provided litigation and a range of other services to several Washington municipalities, and as part of tl _: the in- house legal team for Sound Transit. View all puss by.loe Levan This entry was posted in Best Practices, Elections, Legal. Bookmark the permalink. MRSC Insight Theme. Cusunuued Troentm Ten Blog of t' rdPress.com. Follow http: / /insight.mrsc.org /2012 /07/30/ five - tips -on- supporting -a- ballot - proposition/ 8/6/2012