HomeMy WebLinkAbout08/21/2012 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:
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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
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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
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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).
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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.
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