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Home My WebLink About12/04/2012 13 Changing Membership and Election of DYBID Board; YMC 1.33.020 Distributed at the Meeting I - )" - w w c \,,, BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I For Meeting of: December 4, 2012 2 ITEM TITLE: Ordinance amending the Downtown Yakima Business Improvement District Advisory Board reflecting a reduced membership and revised election process, as required by the Ordinance that modified the Downtown Yakima Business Improvement District SUBMITTED BY: Jeff c Cutter, City Attorney CONTACT Jeff Cutter / 575 -6030 PERSON /TELEPHONE: SUMMARY EXPLANATION: REVISED 12- 4 -12The City Council recently modified the Downtown Yakima Business Improvement District (DYBID) to reduce the DYBID assessment area to a single zone. The modification requires a corresponding amendment to YMC 1.33.020 to make the election of DYBID Advisory Board members consistent with the single zone. During the October 16, 2012 City Council meeting the Council decided to reduce the Advisory Board membership from 7 members to 5 members. The current Advisory Board has recently indicated it is not fully in agreement with the Council's change to the Board's membership. Since the initial election of the presently seated seven Board members has already occurred, the amended Board membership serving out the first terms that began earlier this year shall be decided by them. Future elections and the conditions applying to them shall be provided in By -Laws the Board shall develop. As amended, there are to be five Board members chosen from applicants within the DYBID assessment area and meeting the general membership requirements. The Board shall be elected by votes cast by the assessed business owners and operators within the DYBID area, all in accord with the provisions of the attached Ordinance, and shall serve terms as set forth therein. Resolution Ordinance X Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: Source: APPROVED FOR SUBMITTAL: City Manager Aft?: 9 STAFF RECOMMENDATION: Approve the Ordinance in accord with the conditions of the DYBID. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download PBIA DYBID amendment track chq [� PBIA DYBID amendmend clean 110 ORDINANCE NO. 2012 - AN ORDINANCE concerning Administration, amending the Yakima Municipal Code providing for a Downtown Yakima Business Improvement District Advisory . Board to change the membership specifications the election process for Board members; and modifying Chapter 1.33.020 of the Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 1.33.020 of the Yakima Municipal Code is amended to provide as follows: 1.33.020 Election and term of members. 1 A. The DYBID Advisory Board shall consist of cevenfive members elected from among the assessed business owners and operators within the DYBID by the District's assessed business owners and operators. 1 . Elections ee. - - • . - - - - - - - - •-". . :.. _ . • _ F.:. _ - - City shall request applications from business owncrs and operators ac cssed by the DYB143 who wish to serve on an election committee for the purpose of electing the Advisory Board those five individuals The assessed business owners and operators of the DYBID shall then conduct an election process culminating in the election of fiveseveen Advisory Board members from among the business owners and operators assessed by the DYBID who choose to seek election, all in accord with the provisions of this Chapter. - - - _ _ •_ • _ - - _ _ • _ selection to thc cicction committee shall be open to submission of applications for - - • - •• -• -- - -- - -- ------ r.•• - - - •- - -- -- . The election process shall be conducted by the existing membership of the DYBID Advisory Board as provided in subsection 2, below.cmmittee shall meet within one week of notification of selection to initiate the election procec in the manner they choose. Members of the cicction committee may also seek cicction to thc Advisory Board. Upon completion of thc initial cicction process and the identification of thc seven mcmbcr Advisory B: _ : • - - - - - • -: •• •• • • - - - disband and cease to function. 2. Advisory Board. The Advisory Board representation shall be comprised of fiveseven members elected from among the business owners and operators assessed by the DYBID, four the Zonc 2 DYBID assesment ar a. This ratio of representative Board members shall be • -•• - - - - - - - - - • - - •- e ' - - _ - - - . Following the initial election process the Advisory Board shall be responsible to conduct all subsequent application and 1 election processes on behalf of the District, in a manner consistent with this Chapter and as 411 decided upon by the Board. The specific application and election process shall be described in the Advisory Board By -Laws established by the Board. B. All Advisory Board members must represent business owners and operators assessed by the DYBID and shall reflect the diversity of population of the city of Yakima, including its racial, sexual, ethnic, cultural, educational and work force segments as well as other aspects of the community. C. Each Advisory Board member shall serve a three year term and shall be eligible for re- election, with a limit of three consecutive terms served by any individual member; provided, the Board members initially elected to the Board shall serve terms as follows: two Board members shall be elected from Zonc 1 for one -year terms, two Board members shall be elected frees Zonc 1 for two -year terms and onethree Board members shall be elected from Zonc 2 for a three -year terms. Any mid -term vacancy shall be filled for the unexpired term in the same manner as established for the general Board election process and in accord with the terms of this Chapter. - - - - - - e - - - - - • - - - - - - - - • • • - - • •- _ - _ . which the vacating Board member had been selected. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 4ih day of December, • 2012. ATTEST: Micah Cawley, Mayor City Clerk Publication Date: Effective Date: • 2 • ORDINANCE NO. 2012 - AN ORDINANCE concerning Administration, amending the Yakima Municipal Code providing for a Downtown Yakima Business Improvement District - Advisory Board to change the membership specifications -and the election process for Board members; and modifying Chapter 1.33.020 of the Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 1.33.020 of the Yakima Municipal Code is amended to provide as follows: 1.33.020 Election and term of members. A. The DYBID Advisory Board shall consist of five members elected from among the assessed business owners and operators within the DYBID by the District's assessed business owners and operators. 1. Election. The assessed business owners and operators of the DYBID shall conduct an election process culminating in the election of five Advisory Board members from among the business owners and operators assessed by the DYBID who choose to seek election, all in • accord with the provisions of this Chapter. The election process shall be conducted by the existing membership of the DYBID Advisory Board as provided in subsection 2, below. 2. Advisory Board. The Advisory Board representation shall be comprised of five members elected from among the business owners and operators assessed by the DYBID. Following the initial election process the Advisory Board shall be responsible to conduct all subsequent application and election processes on behalf of the District, in a manner consistent with this Chapter and as decided upon by the Board. The specific application and election process shall be described in the Advisory Board By -Laws established by the Board. B. All Advisory Board members must represent business owners and operators assessed by the DYBID and shall reflect the diversity of population of the city of Yakima, including its racial, sexual, ethnic, cultural, educational and work force segments as well as other aspects of the community. C. Each Advisory Board member shall serve a three year term and shall be eligible for re- election, with a limit of three consecutive terms served by any individual member; provided, the Board members initially elected to the Board shall serve terms as follows: two Board members shall be elected for one -year terms, two Board members shall be elected for two -year terms and one Board member shall be elected for a three -year term. Any mid -term vacancy shall be filled for the unexpired term in the same manner as established for the general Board election process and in accord with the terms of this Chapter. 1 • Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this- 4th day of December, 2012. __ __ ATTEST: Micah Cawley, Mayor City Clerk Publication Date: Effective Date: • • 2 Distributed at the Meeting IA' � .- 1�' I k t . ,,,,,0 1/- 1)- - BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I For Meeting of: December 4, 2012 ITEM TITLE: Ordinance amending the Downtown Yakima Business Improvement District Advisory Board reflecting a reduced membership and revised election process, as required by the Ordinance that modified the Downtown Yakima Business Improvement District SUBMITTED BY: Jeff Cutter, City Attorney CONTACT Jeff Cutter / 575 -6030 PERSON/TELEPHONE: SUMMARY EXPLANATION: REVISED 12- 4 -12The City Council recently modified the Downtown Yakima Business Improvement District (DYBID) to reduce the DYBID assessment area to a single zone. The modification requires a corresponding amendment to YMC 1.33.020 to make the election of DYBID Advisory Board members consistent with the single zone. During the October 16, 2012 City Council meeting the Council decided to reduce the Advisory Board membership from 7 members to 5 members. The current Advisory Board has recently indicated it is not fully in agreement with the Council's change to the Board's membership. Since the initial election of the presently seated seven Board members has already occurred, the amended Board membership serving out the first terms that began earlier this year shall be decided by them. Future elections and the conditions applying to them shall be provided in By -Laws the Board shall develop. As amended, there are to be five Board members chosen from applicants within the DYBID assessment area and meeting the general membership requirements. The Board shall be elected by votes cast by the assessed business owners and operators within the DYBID area, all in accord with the provisions of the attached Ordinance, and shall serve terms as set forth therein. Resolution Ordinance X Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: Source: APPROVED FOR City Manager SUBMITTAL: STAFF RECOMMENDATION: Approve the Ordinance in accord with the conditions of the DYBID. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ PBIA DYBID amendment track chq ❑ PBIA DYBID amendmend clean f 411''V �! `1 ( " t y r� r ‘ , . r ' BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ( 3 For Meeting of: December 4, 2012 ITEM TITLE: Ordinance amending the Downtown Yakima Business Improvement District Advisory Board reflecting a reduced membership and revised election process, as required by the Ordinance that modified the Downtown Yakima Business Improvement District SUBMITTED BY: Jeff Cutter, City Attorney CONTACT Jeff Cutter / 575 -6030 PERSON /TELEPHONE: SUMMARY EXPLANATION: The City Council recently modified the Downtown Ya i Business Improvement District (DYBID) to reduce the DYBID assessment area a single zone. The modification requires a corresponding amendment to YMC 1.33.90 to make the election of DYBID Advisory Board members consistent with the sings zone. AT the October 16, 2012 City Council meeting the Council decided to redu Advisory Board membership from 7 members to 5 members, and also to allow Advisory Board members to include individuals who do not own or operate businesses within the DYBID area. The current Advisory Board has recently indicated it is not fully in agreement with the Council's changes to the Board's membership. Since the initial election ofthe presently seated seven Board members has already occurred, the amended - Board membership serving out the first terms that began earlier this year shall be decided by them. Future elections and the conditions applying to them shall be provided in By-Laws the Board shall develop. As amended, there are to be five Board members chosen from applicants within and outside of the DYBID assessment area. The Board shill be elected by votes cast by the assessed business owners and operators within the DYBID area, all in accord with the provisions of the attached Ordinance, and shall serve terms as set forth therein. Resolution Ordinance X Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: Source: APPROVED FOR SUBMITTAL: , _. City Manager STAFF RECOMMENDATION: Approve the Ordinance in accord with the conditions of the DYBID. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download O PBIA DYBID amendment track chq 0 PBIA DYBID amendmend clean ORDINANCE NO. 2012 - AN ORDINANCE concerning Administration, amending the Yakima Municipal Code providing for a Downtown Yakima Business Improvement Di Advisory Board to change the membership specifications and the election process for Board members; and modifying Chapter 1.33.020 of the Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 1.33.020 of the Yakima Municipal Code is amended to provide as follows: 1.33.020 Election and term of members. I A. The DYBID Advisory Board shall consist of cevenfive members elected from among the assessed business owners and operators within the DYBID by the District's assessed business owners and operators. 1. Election-Gem-Rik-tee. To facilitate selection of the initial DYBID Advisory Board the - - -- - -- -- - - -. • -- - - - - - -- - - - - - - • • who wish to serve on an election committee for the purpose of electing the Advisory Board those five individuals The assessed business owners and operators of the DYBID shall then conduct an election process culminating in the election of fiveseven Advisory Board members from among the business owners and operators assessed by the DYBID who choose to seek election, all in accord with the provisions of this Chapter. selection to the election committee shall be open to submission of applications for shall select the five member election committee from among the applicants. The election process shall be conducted by the existing membership of the DYBID Advisory Board as provided in subsection 2, below.committcc shall meet within one week of notification of selection to initiate the election process in the manner they choose. Members of the election disband and cease to function. 2. Advisory Board. The Advisory Board representation shall be comprised of fiveseven members elected from among the business owners and operators assessed by the DYBID, four the Zone 2 DYBID assessment area. This ratio of representative Board members shall be maintained in all subsequent elections to Advisory Board positions. Following the initial election process the Advisory Board shall be responsible to conduct all subsequent application and 1 election processes on behalf of the District, in a manner consistent with this Chapter and as decided upon by the Board. The specific application and election process shall be described in the Advisory Board By -Laws established by the Board. B. All Advisory Board members must represent business owners and operators assessed by the DYBID and shall reflect the diversity of population of the city of Yakima, including its racial, sexual, ethnic, cultural, educational and work force segments as well as other aspects of the community. C. Each Advisory Board member shall serve a three year term and shall be eligible for re- election, with a limit of three consecutive terms served by any individual member; provided, the Board members initially elected to the Board shall serve terms as follows: two Board members shall be elected from Zonc 1 for one -year terms, two Board members shall be elected fen Zone 1 for two -year terms and onethree Board members shall be elected from Zonc 2 for a three -year terms. Any mid -term vacancy shall be filled for the unexpired term in the same manner as established for the general Board election process and in accord with the terms of •this Chapter. • • - - - - - " - - - - - - - - - - - • - . - . - - - - - Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 4 day of December, 2012. ATTEST Micah Cawley, Mayor City Clerk Publication Date: Effective Date: 2 ORDINANCE NO. 2012 - AN ORDINANCE concerning Administration, amending the Yakima Municipal Code providing for a Downtown Yakima Business Improvement District Advisory Board to change the membership specifications and the election process for Board members, and modifying Chapter 1.33.020 of the Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 1.33.020 of the Yakima Municipal Code is amended to provide as follows. 1.33.020 Election and term of members. A. The DYBID Advisory Board shall consist of five members elected from among the assessed business owners and operators within the DYBID by the District's assessed business owners and operators. 1. Election. The assessed business owners and operators of the DYBID shall conduct an election process culminating in the election of five Advisory Board members from among the business owners and operators assessed by the DYBID who choose to seek election, all in accord with the provisions of this Chapter. The election process shall be conducted by the existing membership of the DYBID Advisory Board as provided in subsection 2, below. 2. Advisory Board. The Advisory Board representation shall be comprised of five members elected from among the business owners and operators assessed by the DYBID. Following the initial election process the Advisory Board shall be responsible to conduct all subsequent application and election processes on behalf of the District, in a manner consistent with this Chapter and as decided upon by the Board. The specific application and election process shall be described in the Advisory Board By -Laws established by the Board. B. All Advisory Board members must represent business owners and operators assessed by the DYBID and shall reflect the diversity of population of the city of Yakima, including its racial, sexual, ethnic, cultural, educational and work force segments as well as other aspects of the community. C. Each Advisory Board member shall serve a three year term and shall be eligible for re- election, with a limit of three consecutive terms served by any individual member; provided, the Board members initially elected to the Board shall serve terms as follows: two Board members shall be elected for one -year terms, two Board members shall be elected for two -year terms and one Board member shall be elected for a three -year term. Any mid -term vacancy shall be filled for the unexpired term in the same manner as established for the general Board election process and in accord with the terms of this Chapter. 1 Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 4 day of December, 2012. ATTEST. Micah Cawley, Mayor City Clerk Publication Date: Effective Date: 2