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Home My WebLink About11/12/2013 08 Council General InformationBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 11/12/2013 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: Council General Information 1. Weekly Issues Report 2. Memo from City Manager O'Rourke regarding Downtown Master Plan invitation lists and notifications 3. City Meeting Schedule 4. Preliminary Future Activities Calendar 5. Preliminary Council Agenda 6. Newspaper/Magazine/Internet Articles: * "Superior court judge says Bainbridge council members will have to release emails from private email accounts," Bainbridge Island Review, November 4, 2013 Resolution: Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: ATTACHMENTS: Description info City Manager Upload Date 11/11/2013 Type Cover Memo MEMORANDUM November 7, 2013 TO: The Honorable Mayor and City Council Members FROM: Tony O'Rourke, City Manager SUBJECT: Weekly Issues Report • SSgt PENDLETON DEDICATION: There will be a ceremony renaming "A" Street to SSgt. Pendleton Way on Monday, November 11 at 3:00 p.m. in honor of Yakima's only Congressional Medal of Honor recipient. • VETERAN'S DAY: City facilities will be closed on Monday, November 11 in observance of Veteran's Day. • CITY COUNCIL STUDY SESSION: The City Council has a study session on Tuesday, November 12 at 10:00 a.m. to discuss homelessness, pit bulls/dangerous dogs, and transit routes. There will be a short Executive Session at 9:30 a.m. to discuss some property/land issues. • DAVIS HIGH SCHOOL UNVEILING: Yakima School District is having an unveiling of the new Davis School in Wednesday, November 13 at 5:00 p.m. Tours will be available prior to the ceremony. YCDA BOARD MEETING: The Yakima County Development Association has its regular meeting on Thursday, November 14 at 5:30 p.m. Sean Hawkins, Joan Davenport, and I will be attending and presenting the Downtown Master Plan and Retail Plan to the Board. MEMORANDUM To: Honorable Mayor and Members of the Yakima City Council From: Tony O'Rourke, City Manage Date: November 7, 2013 RE: Downtown Master Plan — invitation lists and notifications On Tuesday, November 5, a number of downtown business owners indicated they had not been contacted by the City about the Downtown Master Plan, and in particular, the plaza concept. A key element of any planning initiative is public participation and engagement. To that end, the Downtown Master Plan included significant public outreach, participation, and engagement as evidenced by over 700 individuals who participated in our three (3) public workshops, dozens of stakeholder meetings, two (2) City Council study sessions, and the November 5 public hearing. In addition, the Downtown Master Plan process included a 22 member Steering Committee and more than 60 Stakeholder Committee members. See attached. Of particular concern to the staff and Crandall Arambula was outreach to downtown businesses. The following represents the special efforts to get over 100 downtown business members, including owners of the Sports Center, Olive Garden, Speakeasy, Orion Theatre, H&H Furniture and Cafe Vitore, involved and engaged in the Downtown Master Plan process. See attached email lists. April 26 email sent inviting business members to the first Downtown Master Plan workshop #1 on May 9. The meeting was also covered by local print, television, and radio stations, as well as, the City's web site and YPAC May 2 Downtown Master Plan concept/process was presented at Downtown Merchants meeting by City staff June 24 email invitation to business members for July 10 Downtown Master Plan workshop #2. Again, extensive local and City media coverage of the workshop August 5 emails sent directing downtown members to the web link in which they could access Crandall Arambula's entire presentation from the July 10 public workshop August 29 October 17 October 31 email sent inviting business members to the September 9 Downtown Master Plan workshop #3 email sent inviting business members to October 21 City Council Downtown Master Plan workshop with Crandall Arambula and Thomas Consultants, as well as, notice of a scheduled Downtown Master Plan public hearing in the Council Chambers on November 5 at 7:00 p.m. email to downtown members reminding them of the Downtown Master Plan public hearing on November 5 at 7:00 p.m. in the Council Chambers, and those who could not attend were encouraged to send written comments. The email provided links to all three Crandall Arambula presentations on the City's website. October 31 email inviting downtown members to November 5 breakfast meeting on the Downtown Master Plan with City staff Again, public participation and engagement in the process is critical to its success. We will continue to use a multitude of media platforms, public workshops, City Council study sessions, and public hearings to solicit, educate, and engage the public about the Downtown Master Plan and its specific elements. Hawkins, Sean Distribution List Name: Downtown Merchant List Members: (Jill@thebeershoppe.. alholman@townsquaremedia.c Bella Fiore 'Bob Romero' 'Brad Christianson' CaIly Price Carlos Retana Carousel Restaurant Chris Malland Craig Sportscenter Dale Carpenter Dan Kinley Daniel Craig Dave Miller Dave Tompkins davemc@ycda.com Davenport, Joan Desgrosellier, Bob Dewey Boynton Dominic Rizzi Doug Picatti Elizabeth Dreher Ellie Strosahl Eric Silvers Fred Mercy Grey and Osbourne Grey Osbourne Grey Osbourne hhfurniture Ivove Petzinger Jason Stiles Jessica Moskwa Jim Wade joe mann Joe Morrier John Baule John Cooper 'julie@thelittlesoapmaker. kanawinery, Karl Vanevenhoven Kathi Mercy Kelly Gasseling Kristeen Wade Kristi Foster 'Larry Hull' Laura McMurray (aura@gilbertcellars.0 Linda Davis liz mcgree Luz Bazan Gutierrez Marie Lichota Matt Klaus mikem@hillsborohops.. mktguy@charter. Nancy Moder Nancy Rayner 'nina@ummelina.t North Yakima Group Prez Tuesley Ralph at Silverheels Roger Wilson Ron Morton Ryan Rodruck Sara Bristol SchneiderDevelop( Sean Russel Shane Miller Sharon Prili Steve Larsen Steve Pinza steve@ca pitoltheatre. i TLJKMLSCH1(c. Tony Haralson Tony Sandoval Tony's Steakhouse Travis Heitman Tyson Baker Victor Rentena r. Wes Schut Yvonne Martin , 2 Name Adam Hoverman Amelia Rutte Amy Noble Amy Turner Andi Plughoff Anne Caffrey Anne Tweedy Audel Ramirez Avina Gutierrez Barb Smith Gilbert Barbara Cline Barry & Jan Rosenkranz Becky Pascua Bertha Alicia Garza Bev Luby Bartz Bill Allen Billy Fetzer Bob Redman Brad Baldwin Brad Christianson Bridget Russel Bruce Willis Bryon Gumz Carole Folsom -Hill Carrie Uren Casey Corr Charles Noel Chris Malland Chuck Forster Citlaly Arellano Claudia Zepcda Corbin Stsunk Corday Trick Dan Richmond Dana Dwinell Dave & Sarah Hunter Dave Dion Dave Ettl Dave Hanson Dave McFadden David Hunter David Picatti David Rogers David Tompkins Dean Gallanger Dean Wierman Deborah Larson Dennis Dean Diane Smestad Dianne LaBissoniere Dick Woodin Don Eastridge Don Hinman Dora Narez Dorann Russell Elizabeth Herres Miller Ellie Strosel Emily Gwinn Enrique Jevons Eric Silvers Erin DePrekel Erin Malland Ernie Berger Frank Purdy Gabriel Munoz Gail Fast Gay Dorsey Gay Parker Geoff Howell GH Pechtel Greg Luring Helen V Cowen Jack Bloxom Jackie Beard Jackie Hertel Jaclyn Foster Jacob Heitzman Jake Scarlett James Dodge James Perkins Jan Lowell Jan Luring Jane Milford Jason Shira Jayneen Scarlett Jeff Louman Jeff Stevens Jeffrey Congdon Jerry Enriquez Jerry Maggard Jessica Moskwa Jessica Oscoy Jim Fitch Jim Wade Joe Harlington Joe Mann John Baule John Cooper John Smestad John Storlie Joshua Hicks Julie Dean Julie Schilleng Julio Renteria Kara Lowe Karl Pasten Kathi Mercy Kathy Coffey Katie Martin Keith Effler Ken Jones Kevin Cooper Kim Rodgers Kristie Pasten Larry Hull Laura Rankin Lauren Lizardo Linda Davis Linda Hagalson Linda Haralson Linda Wierman Lonnie Davis Luz Gutierrez Luz Gutierrez Lynn Harlington Lynn Kittelson Madeline Hicks Maria Garcia Mary Abigail Dills Mary Anderson Mary Harris Mary Place Maureen Adkison Melissa Brewer Melissa Brown Michele McGinnis Mike Bastennelli Mike Isaacs Mike Meskimen Mr. Low Nancy Kenmotsu Nancy Morer Nancy Rayner Nary Abigail Dills Nate Gwinn Nathan Poel Neal Lessenger Nicholas Malmstrom Nick Hughes Noel Moxley Palmer Wright Pat Reynolds Patti Schneider Peggy Ludwick Phil Hoge Randall Yaegel Rebecca Brown Rebecca Zuhlke Rich Austin Richard Newcombe Rick Larsen Robert Garlow Robert Mahre Robert Noriega Ron Anderson Ryan Low Ryan Messer Sally Kincaid Sally Kransberger Sally Tonkin Samantha Sueger Sandra Aguirre Scott Filkins Sean Russel Sharon Conrad Sharon Trick Shawn Wolf Sienna Laughton Sonta Dodge stacy Haekenmueller Steve Caffery Steve Mercy Steve Osguthorpe Susan Wilson Tim Engebretson TJ Davis Tom Kennedy Tom Schneider Tony Lombardo Tony Sandoval Tuck Russell Tyler Morgan Tyson Baker Verlynn Best Walt Ranta Walter Jordan Wendy Rodriquez Wes Schut Yvette Lippert Sta!,_._Ir__ ---__ r__ a_ ---ii ■■__A__ 111___ • I1••MV• V■VMrIV 1V■ VVV•■1 tVV••1 •W1i1J L{ -i1 1 11411 Stakeholder Group # 1 - July 10, 1:00 - 2:00 p.m. Stakeholder Group # 2 - July 10, 2:00 - 3:00 p.m.. Stakeholder Group # 3 - July 10, 3:00 - 4:00 p.m. Stakeholder Group # 4 - July 10, 4:00 - 5:00 p.m. Stakeholder Group # 5 - July 11, 11:OOa - 12:00 p.m. Property Owner / Real Estate Joe Morrier Joe Mann Larry Hull Roger Wilson Elizabeth McGree Moriet Mekita Jerry Mellen Council Member Meeting Rick Ensey Dave Ettl Maureen Adkinson Tony 0 Rourke Downtown Restaurant / Winer Katherine Goodson (Kana Wine' Laura Rankin (Gilbert Cellars) Tony Harrelson (Antolin Cellars) Ivone Petzinger (Lookout Steve Pinza (Second Street Grill Jar Aarcand (Santiagos) Brad Masset (5 North) Travis Heitman (Sportscenter) Jessica Moskwa (Gilbert Cellars Kathi Bonlender (Sub Shop) Marie Lichota North Front Street Group Nancy Rayner (Opera House) George Pechtel (NYFD) Corday Trick (Lund Building) David Tompkins (Northtown Cof Alice Matthews Michelle Wiles Stakeholder Group # 6 - July 11, 1:00 - 2:00 p.m. Trolley Group Bob Desgrosellier Jeff Peters Karl Pasten Ken Johnson Ed Neel Paul Edmondson Joe Mann Stakeholder Group # 7 - July 11, 2:00 - 3:00 p.m. Rotary Centennial Group !'1TTt7 1 ,U1 VI rW11-1\T1'I CI!'ITTTTTTT T 11.-.11 1 111L' L' lit \<7 IJ1-,111JLIL) LL' For November 11, 2013 — November 18, 2013 Please note: Meetings are subject to change Monday, November 11 CITY OFFICES CLOSED Tuesday, November 12 8:30 a.m. Pension Board meetings — 1St Floor Conference Room 9:30 a.m. City Council Executive Session — Council Chambers 10:00 a.m. City Council Study Session — Council Chambers 1:00 p.m. County Commissioners Agenda meeting — Council Chambers Wednesday, November 13 11:00 a.m. Boundary Review Board — Council Chambers 2:00 p.m. TRANS -Action meeting — WSDOT Union Gap 3:30 p.m. Yakima Planning Commission — Council Chambers 5:00 p.m. Davis High School unveiling ceremony — Davis High School Thursday, November 14 9:00 a.m. Hearing Examiner — Council Chambers 1:00 p.m. Harman Center Board meeting — Harman Center 1:30 p.m. Yakima Regional Clean Air meeting — Council Chambers 2:00 p.m. Bid Opening — 1st Floor Conference Room 5:30 p.m. YCDA Board meeting — New Vision Monday, November 18 10:00 a.m. City Council Media Briefing — Council Chambers Office Of Mayor/City Council Preliminary Future Activities Calendar Please Note: Meetings are subject to change meeting vat, Mon. Nov. 11 Tue. Nov. 12 8:30 a.m. 9:30 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 .. m. Mon. Nov. 18 10:00 a.m. surnTue.. Nov. 19 12:00 p.m. 2:00 p.m. 5:00 p.m. 6.00 .m. mNIw00uwWuuWUWWWWWWVMIMI WUWW�WUPW; Wed. Nov. 20 12:00 p.m. 3:30 m. WWu'WWIWwIwwOWuuw�Wwmre'aw wwW Thur. Nov. 21 1:30 p.m. 3:30 p.m. 1,M1 �V�.Nov.,MB�� Fri. 22 10:00 a.m. W 1II4i W,GUri CITY OFFICES CLOSED Pension Boards City Council Executive Session City Council Study Session Miscellaneous Issues 1111 11,111 TRANS -Action Meeting Yakima Planning Commission Davis High School - unveiling Harman Center Board YCDA Board W,IMMIM411 City Council Media Briefing Miscellaneous Issues Yakima County Gang Commission (T) City Council Executive Session City Council Meeting 4,,,114,1,101110M1, mmislmaalwam� PAL Board Arts Commission Council Economic Development Committee Meeting YAK Corps Executive Board Meeting 11,k*111 W - Council Public Safety Committee Meeting M11100IJ 11,14dY ;IV Board Meeting Scheduled Meeting Scheduled Meeting Scheduled Meeting Scheduled Meeting Scheduled Meeting Scheduled Event Board Meeting Board Meeting INNIMMIWANIMANIGIIMMIX01 Scheduled Meeting Coffey Council Council Cawley, Adkison, Ensev WO �WddIWYIW'WWM WIW7.... Ettl Ensey Open Cawley, Adkison Adkison WoW, Cawley Scheduled Meeting Cawley, Adkison, Ettl Scheduled Meeting Adkison Scheduled Meeting Council Scheduled Meeting Council 11111111 ww Board Meeting Scheduled Meeting Scheduled Meeting Board Meeting Scheduled Meeting Coffey Adkison Bristol, Coffey, Lover Lover Cawley, Adkison, Ettl 11 1st Floor Conference Room Council Chambers Council Chambers TBD WSDOT - Union Gap Council Chambers 212 S. 6th Avenue Harman Center New Vision Council Chambers , TBD TBD Council Chambers Council Chambers M PAL Center 2nd Floor Conference Room W 2nd Floor Conference Room 2nd Floor Conference Room 2nd Floor Conference Room fl VJiWWraH ONfolaaaOM Mon. Nov. 25 12:00 p.m. Capitol Theatre Board Meeting 12:00 .,m. Greenw Board Meetin Tue. Nov. 26 10:00 a.m. 1WuuNm • City Council Study Session 12:00 p.m. Miscellaneous Issues PofMIIII IA1111111fI,MI Thur. Nov. 28 Fri. Nov. 29 hIMMOIMINNOMIMM Board Meeting Board Meetin Scheduled Meeting Bristol Ettl Council Scheduled Meeting Cawley, Adkison, Lover WAW Capitol Theatre Green wa Visitors Center Council Chambers TBD CITY OFFICES CLOSED 1111 IIIIIIIWMWIWMI CITY OFFICES CLOSED III i�� I,BIW �oI rtrs A 1'1' nrsr•I IRRILI Ami r•1 1-1-1 1rsr- "ift1 1\10+11 A 0‘1"'LIM A 1.0u16.Mu I I i"s..ii•111MMui 1 I v 1 vi'vvviMvi` ,- % I_u vn November 19, 2013 5:30 p.m. Executive Session — Council Chambers • Regarding prospective litigation 6:00 p.m. Business Meeting — Council Chambers • 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 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 (C. Martinez) • Downtown master plan issues and creation of Implementation Committee and Retail Task Force Committee • First reading of an Ordinance amending the 2013 budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2013 as noted in the summary attached (no action required at this meeting; second reading scheduled December 3, 2013). Public Hearings (1st )Public Hearing on Revenue Sources and Consideration of Legislation pertaining to Ad Valorem Taxes to be levied for collection in Fiscal 2014 Year: 11/7/2013 3:34 PM /rd‘ Nor filar* 1+Cto,r rwi Rwrw ca r rr,rsr, wel 9n A Pe v the City of Yakima, Washington for 2014 Other Business • Council replacement process November 26, 2013 10:00 a.m. Study Session — Council Chambers • Mill site issues 11/7/2013 3:34 PM rrr1 17vrrvcanrlMdr urea PI + fnr Superior court judge says Bainbridge council members will have to release emails from pr... Page 2 of 3 Superior court judge says Bainbridge council members will have to release emails from private email accounts by BRIAN KELLY, Bainbridge Island Review Editor posted Nov 4, 2013 at4:35 PM A Kitsap County Superior Court judge has ruled that three Bainbridge Island city council members will have to hand over emails from their personal accounts, Bainbridge Island residents Althea Paulson and Robert Fortner filed a lawsuit against the city of Bainbridge Island in September that claimed the city and council members .Steve Bonkowski, David Ward and Debbi Lester failed to turn over public records that had been requested under the state's Public Records Act. The lawsuit was launched two months after Paulson and Fortner made a request for a large batch of ernails that were sent and received by city council members, Some of those emails showed that council members had been using their personal email accounts to talk about. city business and issues before the council, and Paulson and Fortner filed suit after realizing that Bonkowski, Ward and Lester had withheld emails that should have been released under the state's Open Records Act. At a hearing; in late September, an attorney representing Paulson and Fortner asked the court to order council members to turn over their computer hard drives so the public records could be gathered by city officials and released, In a decision Friday, Superior Court Judge Jeanette Dalton said the disputed emails would have to he released, A conference between the two sides in the lavvsuit will he hekl sometime in the next month to talk about how to have the records released, which may include the three council members handing over the hard drives of their personal. computers for inspection. Dalton said the council members should not have expected to keep their emails about city business shielded from public view. "Government employees and public officials who conduct business on private computers cannot reasonably expect those records to be classified as private," Dalton said in her decision, "Business conducted in the employees' or public officialsofficial capacities is not the personal property of that employee and is not subject to protections afforded to private property," she continued. "Furthermore, theses public records do not contain int:in-late details of a private and personal nature," the judge continued, "Ey conducting city business on a personal computer or from a personal email account thereby creating records that are subject. to the Public Records Act, a 'strongly worded mandate for broad disclosure of public records' defendants have impliedly consented to the inspection of their personal computers and/or personal email accounts, regardless of whether such inspection would be appropriate or legal under other circumstances." Council members have official email accounts set up by the city, and city policy dictates that council members use only their city accounts for city business, Emails released earlier this year by the city, however, show that council mernbers Bonkowski, Ward, Lester and Blossom have long been using their private email accounts to correspond with the public and get advice on issues before the council, Paulson welcomed the judge's decision Monday,. "It's great news," she said, http://wvvw.printthis.clickability.com/pt/cpt?expire=&title=Superior+court+judge+says+B... 1 1 /6/20 1 3 Superior court judge says Bainbridge council members will have to release emails from pr... Page 3 of 3 Paulson said if the decision had gone the other way, and the judge upheld the privacy claims presented by attorneys for the three council members, "It would have completely undermined a "We don't want a situation where publicly elected officials can hide doing city business simply by conducting business an their private email," Paulson said. "The judge has affirmed that public records must be produced even if they are from personal &nails." In the Nov. 1 decision, Dalton also dismissed the three council members as named individuals in the lawsuit. Dan Mallove, Paulson and Fortner's attorney, said Dalton's dismissal of the council members as individuals was not surprising, given the narrow language of the Public Records Act itself. "Her ruling nevertheless validates the right of my clients, as members of the public, to have access to these public records," Mallove said. BRIAN BaMbridge Island Review Editor editor@bai, n b dgeo coon or 1-206-842-6613 Find this article at: http://,,vww bainbridgereview.com/news/230581501 html Check the box to include the list of links referenced in the article, http://www.printthis.clickability.com/pt/cpt?expire=&title=Superior+court+judge+says+B... 11/6/2013