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HomeMy WebLinkAbout11/05/2013 20A Council General InformationBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 11/5/2013 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: Council General Information Sonya Claar Tee, City Clerk 1. Letter from Dave Dion regarding street improvements 2. Letter from Camille Bissell regarding City employees 3. Letter from Lyle and Versa K'ang regarding the Senior/Disabled Home Repair Program 4. 3rd Quarter 2013 Municipal Court Office Statistics 5. Community Review Board meeting agenda for November 6, 2013 6. City Meeting Schedule 7. Preliminary Future Activities Calendar 8. Draft Preliminary Council Agenda 9. Draft Council Study Session schedule 10. Newspaper/Magazine/Internet Articles: *"Editorial: Reform the medical -marijuana markets, The Seattle Times, October 26, 2013 Resolution: Other (Specify): Contract: Contract Term: Start Date: End Date: Amount: Ordinance: Item Budgeted: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: ATTACHMENTS: Description info packet Upload Date 10/31/2013 Type Cover Memo Dave Dion 7817 Loren Place Yakima, WA 98908 (509)965-1650 October 25, 2013 Mr. Tony O'Rourke City of Yakima 129 N 2nd Street Yakima, WA 98901 rE I El CITY OF YAKIMA OCT 282013 OFFINCE OF CITY MANAGER Dear Tony: I would guess that most of the letters/emails/calls you receive from the citizens of this city are negative in tone, reflecting some gripe or complaint. I thought I would take a different tack and throw you and your team some kudos. I have absolutely loved the improvement in our city's streets. I travel on Tieton, Summitview and 40th Avenues a great deal. The improvement on those roads has been wonderful. All of the connections to "old sections" are smoothly done and the utility holes at intersections have been completed without huge bumps or dips. Other streets also have been improved tremendously too. This job was handled professionally and the result is a vast improvement over our earlier roads. Please pass on my great appreciation to all who made this possible. They improved the quality of life in•this city in a very short period of time and a minimum of interruption. Bravo to all for a job well done. Sincerely, RECEIVED CITY OF YAKIMA OFFICE OF CIT' MANAGER October 22, 2013 City of Yakima Council Members C/O City Manager's Office 129 S. 8th Street Yakima, WA. 98901 Dr. Mr. Matthews: RECEIVED CITY OF YAKIMA OCT 2 3 2013 OFFICE OF CITY COUNCIL We recently were fortunate enough to receive a grant from the City ofYakima's Senior/Disabled Home Repair Program. We cannot say enough about the wonderful service and professionalism exhibited by each contractor from start to finish of our project. Senior Progam Supervisor, Orville Otto, inspected our home, saw critical needs and arranged for scheduling and repair. He and his staff were very efficient, patient, helpful and should be commended. The contractors were: DAVE'S HEATING AND AIR CONDITIONING...installation of proper venting mechanism for our gas furnace and carbon monoxide detectors. ( Mrs. K'ang no longer experiences dizzy spells or prolonged coughing since this work was done...the cause of which had been puzzling to her and her physician.) YAKIMA GLASS...energy efficient windows and front door. Great care was taken to assure that all lead residue was removed and disposed of as the work was being done. S & R GENERAL CONTRACTORS, ...exterior removal of lead paint, prep and painting of the house....Absolutely beautiful job, efficient and precise. Each contractor and worker for each phase of the project was pleasant, expert, efficient and took pride in their work. A job well done all the way around and we were privileged to know each of them as they worked. Lyle and Versa K'< 910 S. 25th Ave Yakima, WA. 98902 (509)-9018938) MEMORANDUM November 5, 2013 TO: The Honorable Mayor and Members of City Council Tony O'Rourke, City Manager FROM: The Honorable Kelley Olwell, Presiding Judge Linda Hagert, Court Services Manager Debbie Baldoz, CPA SUBJECT: 3rd Quarter 2013 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 3rd Quarter activity through September 30, 2013. Detailed reports are available from the Office of the Municipal Court. Prior year totals for 2012 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 2013 3rd Qtr MuniCt Page 1 Yakima Municipal Court -- 3rd Quarter 2013 I. Municipal Court Infraction Statistics 2012 Prior Year 2013 Prior Qtrs. July August September 2013 YTD Total Filings -- Proceedings During Year: Infractions Filed Violations Charged Mitigation Hearings Contested Hearings Show Cause Hearings Other Hearings On Record Total Dispositions During Year: Infractions Paid Failure to Respond Committed Not Committed Dismissed Amended Total Disposed Municipal Court Traffic Infraction Revenues Budget 9,079 5399 1,021 1,328 834 8,382 12,246 6,909 1,410 1,701 1,227 11,247 1,139 650 124 107 99 980 282 105 24 18 21 168 98 63 16 14 16 109 2,243 917 181 110 139 1,347 25,087 13,843 2,776 3,278 2,336 22,233 2,155 1.224 265 267 197 1,953 1,340 66 17 10 5 98 3,788 2,157 509 444 372 3.482 150 45 20 14 17 96 1.843 873 176 126 132 1,307 18 11 2 0 1 14 9,294 4,376 989 861 724 6,950 $926,925 $505,570 $96,937 $76,052 $78,623 $757,182 $1,000,000 $890,000 DB 2013 3rd Qtr MuniCt Page 2 $41,021 Yakima Municipal Court -- 3rd Quarter 2013 II. Municipal Court Criminal Statistics 2012 Prior 2013 Prior Year Qtrs. July Filings During Year: Citations Filed 5,306 August September 2.584 260 361 311 Violations Charged 6.300 3,043 329 Trial Settings During Year: Non Jury Trials Set 2 4 1 Jury Trials Proceedings: Arraignments 1,542 888 135 4,455 2,222 292 441 372 4 1 2013 YTD Total 3,516 4,185 10 140 101 1,264 208 322 3,044 Non Jury Trials 0 0 1 0 2 3 jury Trials 14 9 - 1 2 1 13 Stipulations to Record 5 4 0 1 0 Other Hearings 5,280 2,696 518 377 421 Dispositions: Bail Forfeitures 1 0 Guilty 3,860 1,927 Not Guilty 5 2 Dismissed 2,278 1,180 Amended 245 142 Deferred/ Driver 531 269 Prosecution Resumed 116 51 12 8 1Total Disposition 7,036 3,571 Criminal Fines Revenue: DWI Penalties $100,095 $60,705 Criminal Traffic 136,510 0 315 5 4,012 0 0 0 313 271 2,826 0 0 0 2 134 130 108 1,552 14 11 5 172 44 75 69 457 Non -Traffic Misdemeanor Recoupments Total Fines Total Budget 135,441 163,067 4 75 511 541 461 5,084 $9,660 $7,386 $6,259 $84,010 76,365 13,322 11,620 10,499 111,806 47,637 7,330 2,639 7,665 65,271 102,079 10,709 9,340 8,605 130,733 $535,113 $286,786 $555,000 DB 2013 3rd Qtr MuniCt Page 3 $30,985 $33,028 $391,820 $580,000 Yakima Municipal Court -- 3rd Quarter 2013 III. Public Safety Education Assessment (PSEA) Statistics Public Safety Education Assessment (PSEA) Payments * 2012 Prior Year $1,370,696 2013 Prior Qtrs. $741,648 July $117,479 August $123,881 September r $110,108 2013 YTD Total $1,093,116 * 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 Outstanding Municipal Court Time -Pay Agreements** As of 9/30/2013 $3,727,424 **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 A enc , Statistics Outside Collection Agency: *** Accounts Assigned in Prior Years Accounts Assigned in 2009 Accounts Assigned in 2010 Accounts Assigned in 2011 Accounts Assigned in 2012 Accounts Assigned in 2013 Total Assignments Dollars Collected Since Assignment (Cumulative less purged) (as of 9/30/13) Collection Performance Court Accounts 2013 and Prior Years $16,054,783 4,726,466 4,093,561 5,960,014 4,246,569 2,536,714 $37,618,107 $4,744,408 12.26% *** Net of cancellation DB 2013 3rd Qtr MuniCt Page 4 COMMUNITY REVIEW BOARD MEETING AGENDA November 6, 2013 5:30 p.m. - Council Chambers - City Hall I. CALL TO ORDER II. ROLL CALL C.R.B. Members Staff Judy Pozarich Joe Caruso Phyllis Musgrove Tammy Gilmour Bob Mason Ben Shoval Mei-Lynne Statler Richard Marcley Gregory Bohn III. APPROVAL OF MINUTES A. Approval of the minutes from the October 16, 2013 meeting IV. HEARINGS — CODE COMPLIANCE CASES A. 1529 McKinley Avenue Alvin Raymond Cleaver/The Estate of Alvin Raymond Cleaver, Deceased/Mox L. & Doris Miller/ David W. Lynch/Occupant Code Compliance # CAC -13-0949 B. 1105 Jerome Avenue Jesenia & Delores Munoz/Lorenzo G. Espinoza/Lorenzo G. Espinoza c/o Escrow Pacific/ Beneficial Washington Inc. /Jesenia & Delores Munoz c/o Escrow Pacific/Occupant Code Compliance # CAC -13-1217 V. HEARINGS — RIGHT-OF-WAY USE PERMITS (FENCE) A. None VI. CODE ADMINISTRATION MANAGER'S STATUS REPORT A. Code Compliance Statistics for the month of October, 2013 VII. NEW BUSINESS A. None VIII. OLD BUSINESS A. None IX. ADJOURNMENT CITY MEETING SCHEDULE For November 4, 2013 — November 11, 2013 Please note: Meetings are subject to change Monday, November 4 10:00 a.m. City Council Media Briefing — Council Chambers Tuesday, November 5 10:00 a.m. County Commissioners Agenda meeting — Council Chambers 6:00 p.m. City Council meeting — Council Chambers Wednesday, November 6 5:30 p.m. Community Review Board — Council Chambers Thursday, November 7 9:00 a.m. Hearing Examiner — Council Chambers Monday, November 11 CITY OFFICES CLOSED Office Of Mayor/City Council Preliminary Future Activities Calendar Please Note: Meetings are subject to change Meeting Date/Tlmei WpMt Mon. Nov. 4 10:00 a.m. Tue. Nov. 5 12:00 p.m. 6:00 mp..17 Thur. Nov7 4:00 p.m. Mon. Nov. 11 Tue. Nov. 12 8:30 a.m. 10:00 a.m. 12:00 p.m. Wed. Nov. 13 2:00 p.m. 3:30 p.m. 5:00 p.m. Thur. Nov. 14 1:00 p.m. 5:30 p.m, Mon. Nov. 18 10:00 a.m. Tue. Nov. 19 12:00 p.m. 2:00 p.m. 5:00 p.m, 6:00 .m. Wed. Nov. 20 12:00 p.m. 3:30m. 11 Organization City Council Media Briefing Miscellaneous Issues City Council Meeting IM11u'M tl INWNNVNW IIMEMMYM GFI Executive Committee CITY OFFICES CLOSED Pension Boards City Council Study Session Miscellaneous Issues TRANS -Action Meeting Yakima Planning Commission Davis High School unveiling Harman Center Board YCDA Board City Council Media Briefing Miscellaneous Issues Yakima County Gang Commission (T) City Council Executive Session City Council Meeting PAL Board Arts Commissi on ee ing Purpo Scheduled Meeting Scheduled Meeting Scheduled Meeting Scheduled Meeting 111 Board Meeting Scheduled Meeting Scheduled Meeting Scheduled Meeting Scheduled Meeting Scheduled Event Board Meeting Board Meeting Scheduled Meeting Scheduled Meeting Scheduled Meeting Scheduled Meeting Scheduled Meeting Board Meeting Scheduled Meeting Padiripents Lover WW Cawley, Adkison, Bristol Council Coffey, Adkison, Ettl Coffey Council Cawley, Adkison, Ensey Ettl Ensey Open Cawley, Adkison Adkison M111 ffINIMMIUS011111 111101111111 Cawley Cawley, Adkison, Ettl Adkison Council Council 0.006.1,1011111 Coffey Adkison 111 Meeting ocatlon Council Chambers TBD Council Chambers wre wwuw01110011 W.00010 wuw,wwWuiuP110{111 CWCMH 1st Floor Conference Room Council Chambers TBD WSDOT - Union Gap Council Chambers 212 S. 6th Avenue 111 Harman Center New Vision Council Chambers TBD TBD Council Chambers Council Chambers ,0,110101M1g1000110410MUNIMIME10111MMEM, PAL Center 2nd Floor Conference Room ThMatin ur, Nov. 21 1:30 p.m. 3:30 p.m. wo-.I Fri. Nov. 22 10:00 a.m. Council Economic Development Committee Meeting YAK Corps Executive Board Meeting Bristol, Coffey, Lover Lover 2nd Floor Conference Room 2nd Floor Conference Room Council Public Safety Committee Meeting Scheduled Meeting Cawley, Adkison, 2nd Floor Conference Room EttI DRAFT PRELIMINARY FUTURE COUNCIL AGENDA November 12, 2013 10:00 a.m. Study Session — Council Chambers 10 a.m. Pit bull / Dangerous Dog Ordinance (audience comments 10:45 — 11 a.m.) 11 a.m. Transit (audience comments 10:45 — 12 noon) November 19. 2013 (T) 5:00 p.m. Executive Session — Council Chambers 6:00 p.m. Business Meeting — Council Chambers • 2014 Business Plan • 2014 Strategic Plan • 2013 3rd Quarter Capital Improvement Projects Report • 3rd Quarter 2013 Financial Trend Monitoring report • Quarterly Gang Free Initiative report • Resolution accepting 2014 Office of Public Defense grant • Resolution authorizing the City Manager to execute a "3 -Party Wholesale Service Agreement" with the City of Union Gap and the Terrace Heights Sewer District Resolution authorizing a Professional Services Agreement with Bell & Associates, Inc. in an amount not to exceed $7,455.00 to develop and provide a Solid Waste Cost of Service Rate Study. • Resolution authorizing an Inter -local Agreement with Yakima County for reimbursement of $80,085.55 for Greenway Trail improvements related to riparian zone outfall alternatives at the City Wastewater Treatment Facility. Resolution authorizing acceptance of a grant from the U.S. Fish and Wildlife Service for $25,000 toward environmental improvements related to Riparian Zone Outfall Alternatives at the City Wastewater Treatment Facility. • Resolution authorizing a Site Use Contract of the Miller Park Activity Center with the Yakima Police Athletic League (Pitney) 10/31/2013 9:22 AM • Downtown master plan issues and creation of Implementation Committee and Retail Task Force Committee Public Hearings • Public Hearing on Revenue Sources and Consideration of Legislation pertaining to Ad Valorem Taxes to be levied for collection in Fiscal 2014 Year: • Public Hearing on the proposed 2014 Revenue and Expenditure Budget for the City of Yakima and Ordinance Adopting a Budget for the City of Yakima, Washington for 2014 10/31/2013 9:22 AM Nov. 12 Nov. 26 10/30/2013 11:10 AM 2013 DRAFT STUDY SESSION SCHEDULE Council Chambers 10:00 a.m. 1) Pit bull / Dangerous Dog Ordinance 2) Transit issues Mill site issues Editorial: Reform the medical -marijuana markets 1 Editorials 1 The Seattle Times Page 1 of 2 Crtje $eattte Imes Winner of Nine Pulitzer Prizes Editorials Originally published Saturday, October 26, 2013 at 4:08 PM Editorial: Reform the medical -marijuana markets The Legislature must merge the medical and recreational marijuana markets, or put at risk voters' bold leap forward. Seattle Times Editorial FOR most of the past 15 years, the state Legislature has had a marijuana problem. In 1998, Washington voters leapt way out ahead of lawmakers in legalizing medical marijuana. The Legislature seemed as comfortable with the idea as if it was being forced to wear a hair shirt, chafing at making necessary tweaks to the law. Lawmakers' boldest act — a 2011 bill written by Sen. Jeanne Kohl -Welles, D -Seattle, to regulate medical -marijuana businesses — was gutted in an irrational veto by former Gov. Chris Gregoire. Since then, the Legislature has mostly sat on its hands, even as voters, once again, leapt past Olympia to embrace full legalization with Initiative 502. This time, the Legislature can't futz. Retail marijuana stores created by Initiative 502 are set to open in early 2014 under rigorous rules, oversight and heavy sin taxes. Meanwhile, hundreds of medical - marijuana dispensaries statewide will operate without any such regulation, tax collection or meaningful barrier to entry. That is an untenable legal and commercial conflict. The logical response is to fold the medical - marijuana storefronts into the I-502 recreational market. Creating a single, tightly regulated system is critical if Washington is to avoid federal intervention with Initiative 502. In an Aug. 29 memo, U.S. Department of Justice said it would stand aside, for now, as Washington experimented with legal marijuana, so long as access was tightly controlled. http://seattletimes.com/html/editorials/2022125488 medicalmarijuanaedit27xml.html 10/28/2013 Editorial: Reform the medical -marijuana markets I Editorials 1 The Seattle Times Page 2 of 2 That same memo explicitly puts a bull's-eye on Washington's Wild West dispensary scene. The threat is real. A federal crackdown on dispensaries would be bad for patients, and set up Washington's grand experiment for an embarrassing failure as the world watches. At the Legislature's request, three state agencies released draft rules this week for merging the two markets and effectively closing dispensaries by 2015. These are a good starting point. Lawmakers must protect access for legitimate, suffering medical -marijuana patients, allowing them or their providers to grow at home, or giving them a break from the steep marijuana sin taxes if they opt for recreational stores. To differentiate between patients and recreational users, the Legislature finally set up a patient registry. Washington is the only medical - marijuana state without one. The most critical work will be to squeeze down the definition of a legitimate medical -marijuana patient so that it no longer is a wink -and -a -nod joke. A vague definition of pain has been exploited by rubber-stamp patient authorization clinics. Just four medical professionals, all naturopaths, have been disciplined for abusing the law, three of the cases stemming from a Seattle Times reporter's dubious medical marijuana authorization at Hempfest in 2011. It's going to be messy political work, because noisy corners of the medical -marijuana industry will fight tooth and nail to preserve its regulation -free status. Ironically, its success at fighting even basic rules now mandates the industry give way to a truly regulated recreational market. It must be done, or the Legislature risks clipping off, mid -jump, the voters' great leap forward last fall. http://seattletimes.com/html/editorials/2022125488 medicalmarijuanaedit27xml.html 10/28/2013