discussion. a citizen or council member may request to

YAKIMA CITY COUNCILNovember 15, 2016

City Hall -- Council Chambers6 p.m. Business Meeting; 6:30 p.m. Public Hearings

BUSINESS MEETING

1. Roll Call

2. Pledge of Allegiance

3. Interpreter Services

4. Open Discussion for the Good of the Order

A. Proclamations

i. Ronald McDonald House Charities proclamation

B. Council Committee Meeting Minutes

i. Accept Neighborhood & Community Building Committee Meeting Minutes of8/18/2016 and 9/15/2016

5. Council Reports

6. Consent Agenda

Items listed are considered routine by the City Council and will be enacted by one motion withoutdiscussion. A citizen or Council member may request to remove an item from the Consent Agenda and, ifapproved, it will be placed on the regular agenda for discussion and consideration.

A. Approve payment of disbursements for the period October 1 – 31, 2016B. 3rd Quarter 2016 Capital Improvement Projects ReportC. Set December 6, 2016 as the date for an open record public hearing for the 2016

text amendments to the Yakima Urban Area Zoning OrdinanceD. Resolution authorizing an Intergovernmental Purchasing Agreement with Benton

CountyE. Resolution adding the City of Yakima Parks and Recreation Manager to the

Millennium Foundation Board of Directors as an Ex-Officio MemberF. Ordinance relating to Public Safety; amending the City of Yakima Municipal Code,

Section 6.45.015, and adopting the Revised Code of Washington 9A.86.010,Disclosing Intimate Images

G. Second reading of an ordinance amending the 2016 budget and makingappropriations from Unappropriated Fund Balances within various Funds forexpenditure during 2016 (first reading on November 1, 2016)

7. Audience Participation

Community members are invited to address items that are not listed on the regular business meetingagenda. A guideline of three (3) minutes per speaker is in place in order to allow as much opportunity aspossible for audience participation. A speaker's time may be extended at the discretion of the Mayorand/or the consensus or vote of the Council. Written communication and e-mail messages are stronglyencouraged.

PUBLIC HEARINGS

8. Public meeting to consider citizen comments on the proposed 2017 Annual Action Plan forCommunity Development Block Grant (CDBG) and HOME Fund Programs

9. First public hearing on the proposed 2017 Revenue and Expenditure Budget for the City ofYakima

10. Public hearing and ordinances pertaining to Ad Valorem Taxes to be levied for collection inFiscal Year 2017

DEPARTMENT ITEMS

11. Martin Luther King Jr. Park Update12. Ordinance amending Chapter 5.79: Transportation Network Companies

13. Other Business

A. Letter from Plaza Committee to Council

14. Adjournment

The next meeting will be a Council Study Session on November 28, 2016 at 9 a.m. in the CouncilChambers

15. Council General Information

A. Council General Information

Any invocation that may be offered before the official start of the Council meeting shall be thevoluntary offering of a private citizen, to and for the benefit of the Council. The views or beliefsexpressed by the invocation speaker have not been previously reviewed or approved by theCouncil, and the Council does not endorse the religious beliefs or views of this, or any otherspeaker.

A Council packet is available for review at the City Clerk's Office and the Library. A packet isalso available on-line at www.yakimawa.gov.

The City provides special accommodations, such as hearing devices, wheelchair space orlanguage interpreters, for City meetings. Anyone needing special assistance please contactthe City Clerk's office at (509) 575-6037 at least two business days prior to the meeting.

http://www.yakimawa.gov

BUSINESS OF THE CITY COUNCILYAKIMA, WASHINGTONAGENDA STATEMENT

Item No. A.i.For Meeting of: November 15, 2016

ITEM TITLE: Ronald McDonald House Charities proclamationSUBMITTED BY: Cally Price, Assistant to the City Manager

SUMMARY EXPLANATION:Mike Forness, the Executive Director of RMHC, and Megan Bewley, Yakima McDonald’s OperatorTrainee, will accept.

ITEM BUDGETED:STRATEGIC PRIORITY:

APPROVED FORSUBMITTAL: City Manager

STAFF RECOMMENDATION:

BOARD/COMMITTEE RECOMMENDATION:

ATTACHMENTS:Description Upload Date Typeproc 10/27/2016 Cover Memo

CITY OF YAKIMACITY OF YAKIMACITY OF YAKIMACITY OF YAKIMA P R O C L A M A T I O NP R O C L A M A T I O NP R O C L A M A T I O NP R O C L A M A T I O N

WHEREAS,WHEREAS,WHEREAS,WHEREAS, The City of Yakima, Washington is committed to helping improve the health and well-being of children and families. WHEREAS,WHEREAS,WHEREAS,WHEREAS, Ronald McDonald House Charities operates two Houses in Washington State and provides lodging, meals and support to families with children receiving treatment at local hospitals and medical centers; and WHEREAS,WHEREAS,WHEREAS,WHEREAS, Ronald McDonald House Charities strives to create a community where children and their families embrace life and healing with a sense of hope, enthusiasm, courage and joy; and WHEREAS,WHEREAS,WHEREAS,WHEREAS, the Ronald McDonald House Charities of Washington participated in the Ronald McDonald House Charities Global Day of Change on October 15, 2016, which commemorated the opening of the very first Ronald McDonald House on October 15, 1974; and WHEREAS,WHEREAS,WHEREAS,WHEREAS, the Global Day of Change is an opportunity to remind customers, donors, volunteers, and communities that, by dropping spare change into a Donation Box at a local McDonald’s restaurant, they are helping keep families close in their greatest time of need; and WHEREAS,WHEREAS,WHEREAS,WHEREAS, spare change dropped in donation boxes helped raise $28 million last year in the United States for Ronald McDonald House Charities and the families they serve. NOW, THEREFORE,NOW, THEREFORE,NOW, THEREFORE,NOW, THEREFORE, the Mayor and City Council of Yakima, Washington do hereby declare October 15th as the

Ronald McDonald House Charities Global Day of Change

and congratulate Ronald McDonald House Charities on its success and continued growth to support the children and families of Washington.

Dated this 15th day of November, 2016 ___________________________ Kathy Coffey, Mayor


Item No. B.i.For Meeting of: November 15, 2016

ITEM TITLE: Accept Neighborhood & Community Building Committee MeetingMinutes of 8/18/2016 and 9/15/2016

SUBMITTED BY: Joan Davenport, AICP, Community Development Director

SUMMARY EXPLANATION:See attached minutes

ITEM BUDGETED: NASTRATEGIC PRIORITY: Neighborhood and Community Building


STAFF RECOMMENDATION:Accept minutes

BOARD/COMMITTEE RECOMMENDATION:NCBC approved on 9/15/16 and 10/20/16

ATTACHMENTS:Description Upload Date TypeNCBC Minutes 8-18-2016 10/31/2016 Backup Material

NCBC Minutes 9-15-2016 10/31/2016 Backup Material


Item No. 6.A.For Meeting of: November 15, 2016

ITEM TITLE: Approve payment of disbursements for the period October 1 – 31,2016

SUBMITTED BY: Cindy Epperson, Director of Finance & BudgetTara Lewis, Financial Services Manager

SUMMARY EXPLANATION:RCW 42.24 governs the process for audit and review of payroll and claims payments for the City.RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled publicmeeting on a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS)Manual outlines the following format for approval by the City Council. REPORT OF DISBURSEMENTS:The following amounts were budgeted and sufficient funds were available to cover thesepayments: Approval of payment: Electronic payments – Key Bank: #203 – 208 $1,100,286.64Electronic payments – US Bank: #10608 – 10630 $3,467,908.94Electronic Purchasing Card: October 2016 $140,682.29Accounts Payable Checks: #129712 – 130534 $5,265,991.46Payroll Account Checks: #325419 – 326262 $1,060,578.50

Background and description of this process is attached.

ITEM BUDGETED: NASTRATEGIC PRIORITY: Public Trust and Accountability

APPROVED

FORSUBMITTAL:

CityManager

STAFF RECOMMENDATION:Approve the payments.


ATTACHMENTS:Description Upload Date TypeBackground and Description 3/4/2016 Cover Memo

Disbursement Approval Process Background and Description

RCW 42.24 governs the process for audit and review of payroll and claims payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on a monthly basis. RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services, or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body has adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for montly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the month prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are available from the Finance Division. The City’s internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Director of Finance and Budget has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews its processes to ensure appropriate internal controls are in place.


Item No. 6.B.For Meeting of: November 15, 2016

ITEM TITLE: 3rd Quarter 2016 Capital Improvement Projects ReportSUBMITTED BY: Brett Sheffield, P.E., Acting Manager, Engineering Division

SUMMARY EXPLANATION:Attached is the Engineering Division's 3rd Quarter Capital Improvement Projects Memorandumand Report which includes Water/Irrigation and Wastewater Capital Improvement Projects. Alsoattached is the current project spreadsheet developed by the Sewer, Water, Irrigation, Streets,Traffic and Engineering Divisions.

The project list assists staff in the planning of current and upcoming projects. It helps thedivisions coordinate their work so that, for example, a street is not rebuilt or seal coated prior toplanned underground work on the same street.

ITEM BUDGETED: NASTRATEGIC PRIORITY:

APPROVEDFORSUBMITTAL:

CityManager

STAFF RECOMMENDATION:Accept the report


ATTACHMENTS:Description Upload Date Typereport 11/9/2016 Cover Memo

Project Spreadsheet 11/7/2016 Cover Memo

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M E M O R A N D U M

November 7, 2016

TO: Mayor Kathy Coffey

Members of City Council

FROM: Brett Sheffield, PE, Acting Division Manager, Engineering Division

Robert Desgrosellier, Senior Engineer

SUBJECT: 2016 Capital Improvement Projects: 3rd

Quarter

INTRODUCTION This Quarterly Report is intended to provide an overview of the City’s capital improvement projects for the 3rd Quarter of 2016, including current project status, milestones, and any new developments that may significantly alter the schedules or costs of the projects. This narrative discusses Water/Irrigation Division, Wastewater/Stormwater Division and Engineering Division projects.

Railroad Grade Separations; Phase 4: Project Aesthetics

This project consists of constructing the “Bins of Light” art piece on Lincoln Avenue just east of the Front Street Bridge, and constructing an elevated sidewalk on the south side of Lincoln Avenue from 1st Avenue to 1st Street. Bids were opened on March 3rd for this project, with the low bid of $669,490 being submitted by Belsaas and Smith. Although the project began construction on July 19th, 2016, due to complications with the aluminum manufacturing (label cutouts), the project working days were suspended in August as the contractor has to wait for delivery of the art pieces (glass, aluminum label cutouts and framing). The work restarted in October and the sidewalk should be completed this month. The “Bins of Light” is scheduled to be operational sometime in January, weather dependent.

♦ Projected completion: 1st Quarter FY2017

Yakima Valley Trolley Barn & Museum Preservation

Using State Enhancement funds, the City purchased the historic YVT Trolley Repair Barn and Substation on January 31, 2008. Funding also allowed for repairs to the west and south walls and the crane system. That work has been completed. Some funding still remains and will be used to remove and replace approximately 120 feet of bad track starting at the intersection of Yakima Avenue and 6th Avenue, and continue southerly along 6th Avenue. Paperwork for environmental clearance has to be submitted specifically for this deficient crossing.

♦ Projected completion: mid-year FY2017

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Cascade Mill Redevelopment Project

This project includes multiple tasks to redevelop the former 225-acre Boise Cascade Mill. Yakima was awarded $25 million in LIFT funding (Local Infrastructure Financing Tool) from the State of Washington to create a Revenue Development Area that will assist in the transition from the former mill to a mixed use economic catalyst including creation of an estimated 4,500 light manufacturing, office park, commercial, retail and entertainment jobs. The current status of the project includes:

1. A modified Interchange Justification Report (IJR) will be submitted to the Washington State Department of Transportation (WSDOT) in early September. The purpose of the IJR is to provide freeway access to a proposed east – west roadway that will connect Terrace Height to north Yakima, and thereby, provide direct access from the I-82 to the former sawmill site. Design of the preferred alignment of this east-west roadway west of the interstate is nearing completion, after which the NEPA documentation will be finalized. The “Connecting Washington” legislation approved last fall provides funds for the improvements to I-82, as well as, the bridges over the interstate and Yakima River.

2. Design of a North to South City Boulevard-type Street that will provide access to the mill site. City of Yakima is project lead. The first phase of this project that constructed the southernmost 500 feet of this north – south road (named Bravo Company Boulevard), along with a roundabout that connects Bravo Company Boulevard to Fair Avenue, Lincoln Avenue and MLK Boulevard has been completed. The construction was done by Granite Construction Company for a cost around $2,425,000.

3. Preliminary Design and alignment of “East-West Corridor Road” – Yakima County project lead. The existing ‘H’ Street corridor will be improved from North 1st Street to 7th Street as part of this project. NEPA review is scheduled for the East-West Corridor from the bridge over 1-82 and east. SEPA review is scheduled for the section that is west of the Interstate overpass.

4. Grant funding research, permitting and options for clean-up and remediation of former City of Yakima municipal landfill has begun. The City has entered into the Voluntary Cleanup Program with the Department of Ecology (DOE). The City has submitted the remedial investigation report to DOE and will soon be developing a feasibility study that will detail the cleanup requirements

♦ Projected completion date: Fair Avenue Roundabout completion: 1st Quarter 2016. Landfill cleanup, IJR approval, East-West Corridor and remainder of the North-South Boulevard are all pending.

North 1st Street Corridor Revitalization – ‘N’ Street to SR-12 (Phase 1)

North 1st Street Corridor Revitalization – ‘N’ Street to MLK Jr. Blvd. (Phase 2)

In 2010, the City received a $25,000 planning grant through Yakima County SIED funding for the first segment of this project; a comprehensive approach to planning for future improvements to North First Street from “A” Street to the US-12/I-82 Interchange. The North First Street Improvement Study was performed in 2011 to develop a design and action plan to address potential arterial street design alternates including an analysis of resulting traffic flow, streetscape and landscape improvements, and required utility upgrades. The final study document was adopted by City Council on October 11, 2011.

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The City applied for, and received a $250,000 Surface Transportation Program (STP) federal grant for preliminary engineering on August 23, 2012. In January of 2013, the City was awarded $2,718,000 for the construction of Phase 1. A professional services agreement was entered into with HDJ Design Group to develop the engineering plans and construction specifications. The engineering plans and construction specifications have been completed. Approval of the environmental documentation is ongoing. Originally, it was anticipated that the project would bid in the spring of 2015. We have since been informed that the STP construction funds will not be available until 2019. Emphasis will be placed on relocating/under-grounding of overhead utilities, as well as safety and improving the appearance of the corridor. Phase 2: ‘N’ Street to MLK Jr. Blvd., construction is estimated to be $10,000,000 and was planned to be funded by a City of Yakima bond. We interviewed consulting firms to perform the design and Huibregtse Louman and Associates (HLA) was selected to perform the design for us. They have started their work and should be completed towards the end of 2016. Due to the amount of work included in Phase 2, and the amount of impacts that it will have to traffic, businesses and private utilities, it has been determined to split Phase 2 into two phases. Phase 2A will perform the construction from MLK Boulevard to ‘I’ Street, and is anticipated for construction in 2017. Phase 2B will perform the construction from ‘I’ Street to ‘N’ Street and is anticipated for construction in 2018. We applied for and were successful in receiving a $1,500,000 grant from the Transportation Improvement Board (TIB) for the Phase 2 project.

Both phases of this work will be included in a 2018 FASTLANE federal grant application.

♦ Projected completion dates: FY2018 (and later)

West Valley Middle School Improvements The improvements include installing a traffic signal at the intersection of S. 72nd Avenue and Mead Avenue, and constructing sidewalk on the south side of Zier Road from S. 72nd to 75th Avenues. Columbia Asphalt and Gravel submitted the low bid for this project in the amount of $530,496.50. Construction of this project began on June 13th. The project was completed in August and a ribbon cutting was held on September 2nd. The project includes an educational and enforcement portion as well. This project is funded by a federal “Safe Routes to School” grant.

♦ Projected completion date: 3rd Quarter FY2016

Alley Pavers This project will pave unpaved alleys located within the following limits: Fruitvale Boulevard (north boundary), Lincoln Avenue (south boundary), 5th Avenue (east boundary) and 16th Avenue (west boundary). This project is funded by a federal “Congestion Mitigation/Air Quality” (CMAQ) grant. Design should begin this spring; it is anticipated that construction will occur in 2017.

♦ Projected completion date: 3rd Quarter FY2017

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Powerhouse Road Sidewalk

This project will widen the westbound lane of Powerhouse Road from 800 feet west of Peck’s Canyon Road to Cowiche Canyon Road from its’ existing width to 14 feet in width so that the lane can function as a shared bicycle/vehicle lane. The project will also construct curb, gutter and sidewalk on the north side of the road. This project is funded with a $275,000 TAP Grant. Design of this project has begun and construction is anticipated for the spring of 2017.

• Projected completion date: 3rd Quarter FY 2017

Airport Lane Realignment and 21st Avenue Extension

This project will realign Airport Lane from the National Guard Armory to 21st Avenue, improving the access to existing airport hangars and providing development opportunities for additional airport hangars. Funding for the project comes from the following: $307,000 SIED grant, $307,000 SIED loan, $175,000 City general fund, $50,000 Water Capital, $50,000 Wastewater Capital. The construction project was awarded to Scout Lake Construction in August for the low bid amount of $793,565.38. Construction of the project began in mid-October, and will continue into December. A winter shutdown is anticipated around December 21st, with completion of the project occurring in the spring.

• Projected Completion Date: 2nd Quarter 2017

Adams Elementary/Washington Middle School Sidewalk Improvements This project will make various pedestrian safety improvements in the vicinity of Adams Elementary School and Washington Middle School, such as, constructing sidewalk, improving roadway crossings, installing flashers and installing fencing. Funding for this project is from a Safe Routes to School grant in the amount of $357,000. The environmental documentation has been completed and we are beginning the right of way phase. The project is scheduled for construction in the summer of 2017.

• Projected Completion Date: 3rd Quarter 2017

Garfield Elementary Safety Improvements This project will make various pedestrian safety improvements in the vicinity of Garfield Elementary School, such as, constructing sidewalk, improving roadway crossings and installing flashers. Funding for this project is from a Safe Routes to School grant in the amount of $180,000. The environmental documentation has been completed and we are beginning the right of way phase. The project is scheduled for construction in the summer of 2017.


5

Spring Creek Road – Soccer Complex This project will reconstruct and widen Spring Creek Road, 36th Avenue and Sorenson Road to three-lane roadways, and install curb, gutter, sidewalk and street lights to improve the access to the new SOZO Soccer Complex. The City has received a $900,000 SIED grant and a $900,000 SIED loan for this project. By inter-local agreement, the City has signed an agreement with Yakima County Engineering to aid in the design of this project. The design is close to being finished and acquisition of the required right of way has begun. It is anticipated that construction of this project will begin in March 2017 with project completion scheduled for completion at the end of July 2017.


Cowiche Canyon Trail This project will construct a 10-foot wide pathway, including two bridges over Cowiche Creek from Powerhouse Road to the existing Cowiche Canyon Trailhead. The trail will be approximately 2 miles long. Funding for the project comes from a $2 million “Connecting Washington” grant. Design funds of $200,000 were just recently obligated, and we are in the process of hiring an engineering firm to do the design. The remaining funds for the construction will not be available until the 2019 – 2021 biennium.

• Projected Completion Date: 4th Quarter 2020

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Water/Irrigation Division Capital Improvements Projects

Water Treatment Plant Intake Improvements

The project will evaluate the river and the Water Treatment Plant (WTP) intake structure for potential modifications and improvements to maintain the existing river location and flows to into the intake. We are currently working with Golder & Assoc. for Hydro-technical Engineering Support Services for design, permitting, funding, construction bid and inspection support of a new intake and flood plain stabilization structures. Ecology has issued a Watershed grant for $250,000 for this project. A couple of stakeholder meetings were held; comments from those meetings were incorporated into the design and another meeting is being scheduled to review suggested modifications to the design and to determine the next steps to move forward. A Cultural Survey was conducted and submitted.

♦ Projected completion date: 2nd Quarter FY2017

Fruitvale Canal - Nelson Dam Improvements

This project will consolidate the river diversions for Fruitvale Canal with the existing diversions at the Nelson Dam. We are working on fish screen/intake project options. Discussions are continuing with the Bureau of Reclamation, Washington Department of Fish and Wildlife, Yakima County, National Marine Fisheries Service, Yakama Nation and North Yakima Conservation District on project design and options. A water right change in point of diversion has been approved by Ecology. Discussions with Yakima County are on-going to see how the project fits with their flood plain restoration projects. Stakeholders meetings are being held to determine possible design options. Project completion date: On-going

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Wastewater Division Capital Improvements Projects Billy’s Pond and floodplain Enhancement Project

The purpose of this project is to ensure successfully meeting the goals of the original 2013 Billy’s Pond Restoration project. This original project was intended to provide diverse and complex floodplain habitat for aquatic and terrestrial species by increasing total area of high quality wetland and riparian areas; and better utilization of site topography and groundwater conditions. The net outcome of the project was intended to be an increase in open waters and wetlands, as well as enhanced emergent and riparian areas adjacent to the Yakima River. Additionally, the project provided floodplain restoration and connectivity with the Yakima River as well as fish passage for salmonids and other native fish. Aquatic habitat functions and services were expanded and improved from the previous state. The project was also intended to create an opportunity to restore some of the river’s natural physical and ecological processes to the floodway and floodplain.

Much of the original work was successful in achieving the goals of the 2013 restoration project. The purpose of current work is addressed below:

Increase pond flow-through. The 2013 Billy’s Pond restoration project included removal of culverts and a weir structure at the pond outlet channel. The existing manmade ditch that drained the pond was backfilled with clean fill and a new outlet channel was excavated to remove the fish passage barrier. The new excavated channel was not dug deep enough at the inlet to provide flow-through from the pond and through the channel to the Yakima River. This channel will be dug down an additional 8 to 12 inches below existing grade adjacent to where the channel meets the pond.

Enhancement of wetland and riparian vegetation in southern pond aspects. The above-water constructed habitat that was created for vegetation growth did not succeed and will be contoured to support vegetation growth. The constructed peninsulas and hummock in the southern portion of the pond will be excavated as funding allows. Lower elevations will create better equipment and crew access for replanting activities and reduce depth to the water table for planted riparian shrubs and trees. Where soil is not excavated in replanting areas around the pond, planting techniques will be used to allow plant roots to access deep groundwater, such as augering holes and installing tall container plants of vigorously-rooting species. Live stakes and emergent species will be planted at the pond edge.

Stabilize floodplain with native bunchgrasses. Approximately 42 acres of the floodplain will be replanted with native bunchgrasses. Soils will be decompacted where necessary prior to seeding. Following native grass seeding, weeds will be controlled to promote grass establishment.

Contouring - or remove soil piles. The previous project left soil piles on the floodplain, adjacent to the pond, which is a source of weeds that will continually infest the floodplain without treatment. The soil piles were created from material excavated from channels leading to the pond and from new outfall channels created for the wastewater treatment plant. These piles will be contoured to allow equipment access for soil stabilization measures of weed control and reseeding with native bunchgrasses.

Project status. Project is awarded to Wildlands Inc, expected to be complete Mid-November 2016, barring any extreme weather conditions. The project is on schedule.

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The construction work to improve Billy’s Pond flow-through is complete. Whether the work is successful will be determined next year (2017) by monitoring pond depths and temperatures.

Contouring Billy’s Pond is complete. All peninsulas and hummock in the southern portion were excavated and planting benches were constructed. The constructed areas have been planted with native riparian vegetation and beaver fencing is under construction to protect the newly planted areas at the southern end of the pond and peninsula.

Floodplain contouring and de-compacting the ground in preparation for seeding is complete. Contractor is scheduled to apply the native grass seed mix to approximately 42 acres in early November 2016.

♦ Projected completion: 4th Quarter FY2018

Pipe Rehabilitation – General

The Wastewater Division will be identifying pipeline segments that need to be rehabilitated or replaced. In addition, the project will address access issues by installing new manholes in streets where otherwise access for performing maintenance is insufficient. The project timing and size will be dependent on funding available for the project. Final scope of the project will be determined after a cost evaluation. Budget has been approved to start a pipeline rehabilitation program to address the old and deteriorating wastewater collection system. The program will consist of pipe and manhole rehabilitation and replacement along with addressing access issues throughout the city. Scoping activities are under way. Construction will be ongoing having started in the 1st Quarter this year until the system conditions are addressed. The project will stabilize current conditions of the pipe system and reduce infiltration of groundwater which will save treatment costs in the future and limit the need for upgrades to the Wastewater Treatment Plant. Wastewater has identified pipelines for cured-in-place point repairs, 16 point repairs have been installed by city wastewater crews so far in 2016.

♦ Projected completion date: on-going

Collection System Plan Update & Initial Stormwater Comp Plan, Wastewater Facility Plan

With the adoption of the new stormwater regulations a comprehensive Stormwater System Plan is needed and will be implemented along with the Wastewater Facility and Collection System Plan Update.

Akel Engineering Group, Inc. has completed capacity models for both systems and completed a capital projects priority projection based upon the capacity model. Design of stormwater improvements for N. 1st Street and Randall Park projects are under way. The FCS Group completed a Wastewater and Stormwater rate structure and a wholesale customer billing model that meets the specifications of the 3-Party Wholesale Service Agreement.

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The last Wastewater Facility Plan was completed in February 2004. This project updates the current facility plan by providing current information on the existing wastewater facility and collection system infrastructure, regulatory requirements, future loadings, operation and maintenance, future capital improvements, rate structure and revenue forecasting. The updated facility plan will incorporate the completed Akel collection system and stormwater system documents. Division staff are evaluating the draft 2013 Wastewater Treatment Plant Facility Plan for potential completion.

♦ Projected completion date: FY2018

Speedway Interceptor and Beech Street Lift Station Project:

The existing 36 inch gravity sewer interceptor located between Beech Street and Nob Hill on the west side of I-82 is currently experiencing excessive sedimentation due to flat and adverse pipe slopes with slow fluid speeds and intermittent reverse flows. As part of the 2013 wastewater Master Plan, improvements to that interceptor were identified. The improvements include a force main installed through the existing 36 inch pipe as well as the construction of a new lift station on Beech Street south of Kiwanis Park. Flows currently reaching the Race Street lift station will be redirected in following phases at Beech and 15th and be redirected into the new lift station. The Race Street lift station will then be decommissioned. The project will allow for conveyance of existing flows at higher speeds as well as provide a mechanism for expanding service to the Boise Cascade Mill Site region without increasing the sedimentation problem as flows from that area develop. It will also allow for construction of improvements that will eliminate existing bottlenecks in the sewer interceptor system west of Washington Middle School. Included in this project will be minor upgrades to the electrical elements of the Rudkin Road lift station and installation of an emergency bypass connection along with modifications to the existing junction box at the intersection of Rudkin Road and East Viola Ave. RH2 Engineering has been selected as the design consultant. The professional services contract has been completed and designs are currently under way. Rudkin Road Lift Station Improvements will be completed by the end of 2016 or early 2017. The Speedway Interceptor and Beech Street Lift Station Project is projected to start construction in summer of 2017.

Stormwater Capital Improvements Projects

None

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PRIVATE PROJECTS (Current Listing) Listing private developer projects shows the amount of private projects that are “on the books” and pending or under construction with some (not all shown) that go back several more years. These projects have all been approved since February 2008 and are either pending construction, under construction, started but not completed or recently completed. The projects, most recent at top, include:

Project Name Address Permit Type Status

Gregg Marrs Sewer Extension 1605 E. Mead Ave. Eng-Site-Imp in review

Longfibre Rd. Frontage Improvements 2020 Longfibre Rd. Eng-Site-Imp in review

Hogback Rainier East Lot 2 2406 W. Nob Hill Blvd. Eng-Site-Imp in construction

Powerhouse Villas Ph. 2 & 3 3201 Powerhouse Rd. Eng-Site-Imp in construction

Vista Ridge Subdivision 2155 S. 72nd Ave. Eng-Site-Imp in review

SOZO Sports Complex Sewer 2210 S. 38th Ave Eng-Site-Imp apprvd for const.

Rainier Court Subdivision 8909 Summitview Ave Eng-Site-Imp apprvd for const.

5k sf Commercial Bldg. 27 S. Front St. Eng-Site-Imp in review

Rainier Square East 2410 W. Nob Hill Blvd. Eng-Site-Imp in construction

Skeel Subdivision 8110 Tieton Dr. Eng-Site-Imp apprvd for const.

Summit Crest Subdivision 8805 Summitview Ave. Eng-Site-Imp apprvd for const.

N. 16th Ave. Commercial Building 916 N. 16th Ave. Eng-Site-Imp in construction

Catalyss 4200 Castlevale Rd. Eng-Site-Imp in construction

Powerhouse Villas 3201 Powerhouse Rd. Eng-Site-Imp apprvd for const.

YVMH Energy Plant Expansion 2811 Tieton Dr. Eng-Site-Imp in construction

Cubcrafters 2400-2500 Airport Ln Eng-Site-Imp in construction

North Acres MH Relocation 320 E. N St. Sewer completed

Cascadia - Pear Tree Assisted Living 4130 Englewood Ave. Eng-Site-Imp in construction

Tri-Plex 1110 ST Johns St. Eng-Site-Imp in construction

Howard Maggard Duplex's 1706 Grant Ave. Eng-Site-Imp apprvd for const.

Tahoma Square Ph. 2 1829 S. 1st St. Eng-Site-Imp apprvd for const.

Audio King 703 E. Nob Hill Blvd. Eng-Site-Imp in construction

D. Martinez Comm. Bldgs 506-508 W. Nob Hill BlvdEng-Site-Imp completed

Bainter Sewer Extension 502 S. 90th Ave. Sewer in review

E. Lee Sewer Force Main 7706 Occidental Rd. Sewer apprvd for const.

YVMH Parking Lot Expansion 212 S. 29th Ave. Site Improvements completed

YVCC Ops and Admin. Bldgs 1211 W. Prasch Ave. Eng-Site-Imp in construction

47 Hops Offic Bldg. 2516 S. 23rd Ave. Site Improvements in construction

Ziad Awwad Conv. Store 801 S. Fair Ave. Eng-Site-Imp in construction

Ahtanum Crossing 64th / Ahtanum Eng-Site-Imp in construction

Autobody Shop 807 S. 3rd St. Eng-Site-Imp apprvd for const.

Tahoma Square Ph. 1 1903 S. 1st St. Eng-Site-Imp completed

DMF Investments 3201 Powerhouse Rd. Eng-Site-Imp apprvd for const.

Gravbrot Short Plat 3700 Fairbanks Ave. Eng-Site-Imp apprvd for const.

2015

2016

12

AFFIRMATIVE ACTION GOALS & W/M/DBE PARTICIPATION

W/M/DBE utilization has been included in the past but is not included with this report. The Engineering Division continues to request apparent low bidders of public works contracts to document their efforts to achieve the City of Yakima’s goal of 10% MBE, WBE or DBE participation goal prior to contract award. However, changes in state law due to the passage of Initiative 200 prohibit certain practices by contracting agencies (i.e. the City) for the award of public works projects such as requiring W/M/DBE subcontracting. While some contractors have voluntarily reported such information in the past, we have not received any such reporting last year. Although we do not receive such information voluntarily, the City must still meet certain of these federal requirements and each contractor must comply with the Standard Specifications that are included on each City Public Works Contract. The City is responsible to:

• Conduct pre-construction conferences during which EEO and City policies are discussed with the contractor.

• Monitor on-site compliance with the EEO and City policies.

• Ensure our contractors locate, qualify, and increase the skills of minority groups, women employees, and applicants for employment as required by City policies.

• Ensure the preparation of required EEO and related reports.

Proj

Type

Proj.

No.Lead Division Project Name/Location Description of Work Project Lead

Impacted

Divisions

Constrctn.

Start DateStatus/Schedule

Notes

11/7/2016

1 CIP

1818

Phase

IV

Engineering

UPDATED

Lincoln Avenue Underpass;

Phase IV

Raised Sidewalk & Bins of Light

Raised Sidewalk &

Bins of LightBrett Sheffield

Engineering,

Traffic Engineering,

Streets

2016

Sidewalk work will re-start in October;

Artwork framing and glass panels are being

constructed offsite and will be built late this year

Project awarded to KRCI, LLC of Wenatchee

2 CIP 2337Special Projects

(& Engineering)Cascade Millsite Parkway

New rights of way, public

utilities, roads, lighting,

roundabouts, sidewalks,

pathway, infrastructure

Joan Davenport /

Brett Sheffield

Engineering, Streets

& Traffic Eng.,

Water/Irrigation,

Wastewater/Storm

Roundabout -

Fair / 10th St.

May 2015

Roundabout (at Fair Ave. & 10th St.)

this Roundabout work is complete

Granite Construction, Yakima, was contractor.

Funded w/LIFT funds & 50/50 SIED Grant/Loan

This roadway, Bravo Company Blvd., will be a Blvd.

style street that includes 2 more roundabouts. Design

work includes road design & realignment in vicinity of

East-West corridor to respond to BNSF rail concern

3 CIP 2355Engineering & (Special Projects)

Cascade Millsite Parkway

( continued )

Phase 1: Entire Site

.

Phase 2: Southern portion

Brett Sheffield /

( Joan Davenport )


& Traffic Eng.,

Water/Irrigation,

Wastewater/Storm

tbd

Consultant, Landau Assoc's, will gather data for

evaluation of landfill area and plywood plant site in

response to DOE concerns about groundwater

and contaminants. (Excludes landfill area)

Current data effort in coordination with

DOE Voluntary Compliance Program


(& Engineering)

East-West Connector;

"H" St. alignment from 1st St.

to Terrace Heights;

Through Yakima Resources prop.

New rights of way, public

utilities, roads, lighting,

signal(s), sidewalks, pathway,

infrastructure

Brett Sheffield /

( Joan Davenport )


& Traffic Eng.,

Water/Irrigation,

Wastewater/Storm

2017?NEPA review underway.

Yakima County is project lead

Consultant (H.W. Lochner) hired for

creation of design alternatives and

NEPA review (environmental)


(& Engineering)

Interchange Justification Report

(IJR) for modification of

I-82 and Yakima Avenue

Working with WSDOT for

modification of Yakima Ave /

I-82 Interchange

Brett Sheffield /

( Joan Davenport )


& Traffic Eng.,tbd

City and County developing a plan to implement

portions of the improvements in a phased manner

in order to defer WSDOT changes to I-82 and

construction interchange portion early.

WSDOT and FHWA have given

preliminary approval to this concept.

Still working through the approval process


(& Engineering)

North 1st Street Corridor

Revitalization;

Phase 1: I-82 to 'N' St.

Design and construction of

sidewalk, landscape and utility

upgrades

Brett Sheffield /

( Joan Davenport )


& Traffic Eng.,

Water/Irrigation,

Wastewater/Storm

2018?

Federal funding of $2.7 M deferred for Phase 1.

City will proceed with Phase 2 using City bond.

In June we submitted for a TIGER Federal Grant for

both phases, MLK to "N" & "N" to I-82

Engineering design for this Phase ("N" St. to I-82) is

on hold due to delay in identified Federal Funding.

This section is anticipated for construction in 2017.


(& Engineering)

North 1st Street Corridor

Revitalization;

Phase 2: MLK to 'N' St.

Design and construction of

sidewalk, landscape and utility

upgrades; adding bike lanes

removing parking; relocating

overhead utilities

Brett Sheffield


& Traffic Eng.,

Water/Irrigation,

Wastewater/Storm,

Private Utilities

2018?

Huibregtse, Louman Associates, (HLA) of Yakima

was awarded the design contract;

In June we submitted for a TIGER Federal Grant for

both phases, MLK to "N" & "N" to I-82,

but were not successful

Both phases of this work were included in a 2017

FASTLANE federal grant application.

It is anticipated that the grant selection should be

completed by this fall.

8 CIP ???? Engineering

Paving Gravel Alleys:

Area bound by: Fruitvale to Lincoln &

5th to 16th Avenues

Grade and chip-seal

existing gravel alleysBob Desgrosellier

Engineering,

Streets,

Water/Irrigation,

Wastewater

2017 Design has started

Funded by

Congestion Mitigation & Air Quality funding

(CMAQ)

9 CIP 2380 EngineeringWest Valley Middle School

Vicinity Improvements Project

Construct Traffic Signal on

72nd Ave. & Mead;

Sidewalk on south side of

Zier Road, 72nd to 75th Ave

Bob Desgrosellier

Engineering,

Streets,

Traffic Eng.,

Wastewater

2016

Project awarded to Columbia Asphalt, Yakima;

Widening, Sidewalk & new Signal; Ribbon cutting

was on 9/2; Safe Routes to School funding

($544,000 grant) Project total: $604,000

100% Complete


Powerhouse Road Sidewalk;

800' west of Pecks Canyon Road

to Cowiche Canyon Road

Construct curb & gutter,

sidewalk and storm drainageBob Desgrosellier

Engineering,

Streets,

Storm

Spring 2017 Surveying is complete, design has startedFunded by $275,000 grant from

Transportation Alternatives Program (TAP)

11 CIP 2153 EngineeringYVT System Restoration

( 6th Ave. vicinity Yakima Ave. )

Remove and repair approx.

100 feet of trolley trackBob Desgrosellier

Engineering,

Streets2016

Prior CarBarn and other work was completed,

leaving approx. $60K for track repair;

Parking lot paving has been completed

We have to amend existing federal submittals to

include the proposed work within federal regulations

12 CIP 2143 EngineeringE. Nob Hill Blvd & Fair Avenue,

Intersection Improvements

Widen intersection all 4 legs;

purchase r/way; new signal

Brett Sheffield /

(Randy Tabert)

Engineering, Traffic,

Wastewater,

Water/Irrigation

Design onlyDesign only at this time beginning 6/2008;

Search for funding on-going

Current funding for design only;

(Drainage improvement slated for this intersection)

We applied for STP funding

13 CIP 2354 EngineeringCapitol Theatre

Safety ImprovementsSafety Improvements Bob Desgrosellier

Engineering,

Capitol Theatre2015 & 2016

Several items completed; Carpeting updates to be

done this summer; other work is forthcoming

Replaced aisle lighting; added overhead cable runs;

to replace main lobby & mezzanine lobby carpeting

14 CIP 2389 Engineering

Tiger Oil Properties Remediation:

East Nob Hill Blvd; North 1st St.;

West Nob Hill Blvd

Work with DOE to test these

City properties, remediate soils

and water as needed and then

sell to developers

Brett Sheffield /

Joan Davenport /

Bob Desgrosellier

Engineering,

CED2015

Work with DOE and our consulting firm continues;

24th & Nob Hill: monitor 4 more quarters.

13th & E. Nob Hill and 56th & Summitview

may have sales pending;

N. 1st Street property is pending remediation

Proj

Type

Proj.

No.Lead Division Project Name/Location Description of Work Project Lead

Impacted

Divisions

Constrctn.

Start DateStatus/Schedule

Notes

11/7/2016

15 CIP ???? Engineering Lower Cowiche Creek Project

Work with _____ to release City

property for Cowiche Creek

Conservancy

Brett Sheffield /

Rich SanisloEngineering 2017 or later

The project is the approximate 2,000 feet of creek

from SR-12 downstream to the Naches River

Discussions have anticipated work occurring

after any modification to

Nelson Bridge Irrigation Intake Modification

16 CIP ???? Engineering Downtown Yakima Central Plaza

Increase the existing Plaza and

surroundings into a world-class

event center

Sean Hawkins /

Brett Sheffield

Economic

Development,

Engineering,

Streets,

Planning,

thru 2017

Council authorized design team to proceed with

project plans after projected costs were reduced.

GGN is finishing plans in 2016;

SEPA checklist nearly complete.

Working with utilities for their relocation

Gustafson Guthrie Nichol (GGN) preparing

construction doc's; to provide construction admin.

services as City Council chooses to proceed.

Pledges are at $5.3M. Council wants over $9M

in pledges before bonding the project


Multi-Sport Complex with

SOZO Sports of Central WA,

S. 38th Avenue just north of Ahtanum

58 acre site; Fields: 17

soccer/multi-sport; 14 FIFA

sized grass; 3 FIFA sized

lighted synthetic turf; Sports

Campus & other facilities

Sean Hawkins /

Brett Sheffield

Economic

Development,

Engineering,

Streets,

Planning,

? ? ? Design plans are at 50% for the improvements to

Spring Creek, Sorenson Road and 36th Avenue.

Work continues on the collaboration of design,

development and operation of a world-class Yakima

Sports Complex consisting of soccer/multi-sport fields

and an indoor sports facility


Safe Routes to School Sidewalks:

Adams Elementary School &

Washington Middle School

Install new sidewalk in the

vicinity of the schools.

(Locations forthcoming)

Bob Desgrosellier Engineering 2017This project was recently awarded through the Safe

Routes To School Program

Design is at 80%; R/Way funds have been obligated

so we can start to negotiate r/way strip purchases

19 CIP ???? EngineeringSafe Routes to School Sidewalks:

Garfield Elementary School

Install new sidewalk in the

vicinity of the school.

(Locations forthcoming)

Bob Desgrosellier Engineering 2017This project was recently awarded through the Safe

Routes To School Program

Design is at 80%; R/Way funds have been obligated

so we can start to negotiate r/way strip purchases

20 CIP ????NEW!!!

Engineering

64th & Ahtanum

widening and signalization

Widen the intersection adding a

westbound RTO lane

and adding a signal

Brett Sheffield

Randy TabertEngineering 2018

Application for this project was successful for

Congestion Mitigation & Air Quality funding

(CMAQ)

Project has been selected,

but funding is not available until 2018

21 CIP ????NEW!!!

Engineering

Heritage Capitol Project Grant for

YVTrolley Improvements

Restore parts of the YVT

facilities and trolley systemBob Desgrosellier

Engineering,

Streets2017

Work can proceed with finalization of contract with

Washington Heritage Capitol Projects

$50,000 from Heritage Capitol Projects is matched

against Trolley volunteers labor & improvements plus

$90,000 in construction completed by the City

22 CIP2416

Phase IIWastewater Speedway/Race street Interceptor

Slipline existing interceptor with

new force mains, refit of Rudkin

Road lift station and new lift

station on Beech.

Engineering/

Dana KallevigWastewater

3rd / 4th Quarter

2016

RH2 has been selected as the Design Engineer.

The contract has been signed. Initial assessments

of the Rudkin Road lift station improvements have

been made. Survey work for the Beech street line

and Race Street lift station has been performed.

The improvements are identified as part of the long

term master plan. They are needed to address

adverse flow conditions and reroute the flows from the

Fair Ave basin as well as parts of the 2nd Ave. basin

and allow for inclusion of the flows associated with the

redevelopment of the sawmill area.

23 CIP Wastewater Riparian Outfall Project 1 Wastewater/FacilityDana Kallevig/

Marc CawleyWastewater 7/1/13 Work is complete

24 CIP 2010 Water/IrrigationFruitvale Canal Diversion

Improvements

Move Point of Diversion

(Improving Nelson Dam fish

screen for additional water)

Rich Sanislo /

Dave Brown /

Mike Shane

Water/Irrigation,

USBR, Yakima

County, WDFW,

North Yakima

Conservation District

2017

City's working w/USBR & HDR on fish screen

/intake project options. Assessment received 6/13

w/design alt's & recommendations. HDR finalized

report & options; we met stakeholders 9/13 to

discuss options. Final HDR report based on

comments. Stakeholder review on-going. Working

with Yakima County to review coordination with

flood plan restoration project.

Applied to DOE for point of diversion change to Nelson

Dam. Point of

Diversion change on public notice

7/13/12 and 7/20/2012.

USBR project is out of funding.

25 CIP 2288 Water/Irrigation Misc. waterline improvements.Water facilities impacted

by misc. projects

Mike Shane /

Emilio Lopez

Water/Irrigation,

Streets, Eng.2016/17 On-going coordination with other projects Majority of work to be completed by in-house staff.

26 CIP 2335 Water/IrrigationNaches River WTP Intake

Improvements

Modification of river intake;

Possible improvements in river

to maintain existing location

and flows to intake

Dave Brown,

Mike ShaneWater/Irrigation 2017

Working with Golder & Assoc. for Hydrotechnical

Engineering Support Services for design,

permitting, funding, construction bid and inspection

support of new intake and floodplain stabilization

structures. Conceptual design for new river

structures was provided 12/13 and final design is

underway. Additional stakeholder (TAG) meetings

to be scheduled determine final design criteria.

Yakima County to survey area and water levels

around intake to provide additional information to

stakeholders regarding design.

Ecology has issued a Watershed grant for $250,000

for this project.


Item No. 6.C.For Meeting of: November 15, 2016

ITEM TITLE: Set December 6, 2016 as the date for an open record publichearing for the 2016 text amendments to the Yakima Urban AreaZoning Ordinance

SUBMITTED BY: Joan Davenport, AICP, Community Development DirectorJeff Peters, Supervising Planner (509) 575-6163

SUMMARY EXPLANATION:The proposed amendments for 2016 are as follows:1) Revision of Titles 15 and Title 16 for consistency of public notice procedures and state law;2) codification of a new chapter 14.21 for right-of-way vacation procedures established by statelaw RCW 35.79 and City Resolution R-2013-089; and3) consideration and adoption of an ordinance increasing the City's Land Use Application fees asdirected by the Yakima City Council within YMC Ch. 15.26.

ITEM BUDGETED:STRATEGIC PRIORITY: Neighborhood and Community Building


STAFF RECOMMENDATION:Set Date



Item No. 6.D.For Meeting of: November 15, 2016

ITEM TITLE: Resolution authorizing an Intergovernmental Purchasing Agreementwith Benton County

SUBMITTED BY: Maria Mayhue, Senior Buyer, 509-575-6093

SUMMARY EXPLANATION:Staff respectfully requests approval authorizing the City Manager of the City of Yakima to enterinto an Intergovernmental Cooperative Purchasing Agreement with Benton County. Pursuant toChapter 39.34 RCW Interlocal Cooperation Act, Benton County is requesting anIntergovernmental Purchasing Agreement in order to take advantage of City of Yakima contracts. This agreement will also allow for future joint or cooperative purchases of goods and services.

ITEM BUDGETED: NASTRATEGIC PRIORITY: Partnership Development


STAFF RECOMMENDATION:Adopt Resolution.


ATTACHMENTS:Description Upload Date TypeResolution - ILA with Benton County 10/21/2016 Resolution

Intergovernmental Purchasing Agreement - Benton Co. 10/21/2016 Contract

RESOLUTION NO. R-2016-

A RESOLUTION authorizing and directing the City Manager of the City of Yakima to enter into an Intergovernmental Cooperative Purchasing Agreement with Benton County.

WHEREAS, the City of Yakima (City), desires to arrange for making cooperative purchases of certain goods and services with Benton County; and the City Council of the City of Yakima deems it to be in the best interests of the City that such arrangement be carried out; and;

WHEREAS, pursuant to the provisions of RCW 39.34, the City of Yakima may enter into intergovernmental cooperative purchasing agreements with other public agencies in order to allow the parties of said agreements to cooperatively purchase or acquire supplies, equipment, and materials under contract and to utilize each other’s contracts, as needs arise; and, WHEREAS, it is recommended to City Council that the City of Yakima enter into an Intergovernmental Cooperative Purchasing Agreement with Benton County; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:

The City Manager is hereby authorized and directed to enter into an

Intergovernmental Purchasing Agreement with Benton County for the purpose mentioned above.

ADOPTED BY THE CITY COUNCIL this day of , 2016. ATTEST: Kathy Coffey, Mayor City Clerk


Item No. 6.E.For Meeting of: November 15, 2016

ITEM TITLE: Resolution adding the City of Yakima Parks and RecreationManager to the Millennium Foundation Board of Directors as an Ex-Officio Member

SUBMITTED BY: Scott Schafer, Public Works Director - 509.576.6411Ken Wilkinson, Parks and Recreation Manager - 509.576.6416

SUMMARY EXPLANATION:During the Neighborhood and Community Building Committee (NCBC) meeting on October 20,2016, three members of the Millennium Foundation Board of Directors presented informationabout the Millennium Foundation. During the presentation it was requested by the MillenniumFoundation Board that the Yakima Parks and Recreation Manager be added to the Board ofDirectors as an ex-officio member for the purpose of maintaining communication between theCity of Yakima, the owner of the Millennium Plaza and the Millennium Foundation. Yakima ParksMaintenance staff assists with the necessary repairs and maintenance of the Millennium Plazaalong with staff from Block By Block.

ITEM BUDGETED: NASTRATEGIC PRIORITY: Partnership Development

STAFF RECOMMENDATION:Adopt resolution.

BOARD/COMMITTEE RECOMMENDATION:The NCBC unanimously approved the request to add the Yakima Parks and Recreation Managerto the Millennium Foundation Board of Directors as an ex-officio member and recommended thatthe resolution be sent on to Yakima City Council for discussion and adoption.

ATTACHMENTS:Description Upload Date TypeResolution adding the Parks and Recreation Manager to

the MIllennium Foundation Board of Directors as an ex-officio memeber

11/7/2016 Resolution

RESOLUTION NO. R-2016-

A RESOLUTION adding the Yakima Parks and Recreation Manager to the Millennium Foundation Board of Directors as an ex – officio member

WHEREAS, the City Council finds that visual arts and culture are important to

residents and visitors, and a reflection of the City’s unique nature and personality; and, WHEREAS, the City Council finds that the stimulation of community art,

community beautification, and culture is a proper role of city government; and,

WHEREAS, the City Council, pursuant to Resolution No. 2000-101, agreed to work collaboratively with Allied Arts Council of Yakima Valley and the Millennium Foundation Board of Directors for the construction and maintenance of the Millennium Plaza, and,

WHEREAS, pursuant to the Resolution No. 2015-099, the City of Yakima has

agreed to a maintenance agreement for the Bins of Light project with the Millennium Foundation, and,

WHEREAS, the Millennium Foundation has sufficient funds to repair and maintain

the Millennium Plaza and the Bins of Light; and,

WHEREAS, the Parks and Recreation Manager serves as the liaison between the City of Yakima and the Millennium Foundation for the repair and maintenance of the Millennium Plaza art work; and,

WHEREAS, the City Council finds that placing the Parks and Recreation Manager onto the Millennium Foundation board as an ex-officio member is in the best interest of the City, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:

1. The Parks and Recreation Manager for the City of Yakima will serve on the Millennium Foundation Board of Directors as an ex – officio, non-voting member.

ADOPTED BY THE CITY COUNCIL this ___ day of _______, 2016. ATTEST: Kathy Coffey, Mayor

City Clerk


Item No. 6.F.For Meeting of: November 15, 2016

ITEM TITLE: Ordinance relating to Public Safety; amending the City of YakimaMunicipal Code, Section 6.45.015, and adopting the Revised Codeof Washington 9A.86.010, Disclosing Intimate Images

SUBMITTED BY: Brooke Goosman, Assistant City Attorney

SUMMARY EXPLANATION:The City Municipal Code Chapter 6.45, Offenses Against Persons, should be amended to addand adopt the RCW 9A.86.010, Disclosing Intimate Images. Yakima Police Department officersare experiencing an increase in cases involving the disclosing of intimate images, and it would behelpful to the City of Yakima to be able to prosecute this crime. State statutes can be beneficial in that case law provides guidance on issues of statutoryinterpretation and state statutes allow for the use of standard pattern jury instructions. The use ofstate statutes in this instance will provide greater certainty and uniformity.

ITEM BUDGETED: NASTRATEGIC PRIORITY: Public Safety


STAFF RECOMMENDATION:Pass ordinance.

BOARD/COMMITTEE RECOMMENDATION:On November 3, 2016 the Public Safety Committee approved the adoption of the RCW.

ATTACHMENTS:Description Upload Date Type

Ordinance-Amending Section 6.45.015; adopting RCW9A.86.010-FINAL

11/7/2016 Ordinance

Ordinance-Amending Section 6.45.015; adopting RCW9A.86.010-Redline

11/7/2016 Ordinance

RCW 9A 86 010 11/7/2016 Backup Material

1

ORDINANCE NO. 2016-____

AN ORDINANCE relating to Public Safety; amending the City of Yakima Municipal Code, Section 6.45.015, and adopting the Revised Code of Washington 9A.86.010, Disclosing Intimate Images.

BE IT ORDAINED BY THE CITY OF YAKIMA:

Section 1. Section 6.45.015, and Chapter 6.45 of the Yakima Municipal Code is

hereby amended to read as follows:

Chapter 6.45 OFFENSES AGAINST PERSONS

6.45.015 Statutes adopted – Harassment crimes.

The following RCW sections, as currently enacted or as hereafter amended or recodified from

time to time, are hereby adopted by reference and shall be given the same force and effect as if

set forth herein in full:

RCW

9A.46.020 Definition—Penalties.

9A.46.030 Place where committed.

9A.46.040 Court-ordered requirements upon person charged with crime—Violation.

9A.46.050 Arraignment—No contact order.

9A.46.060 Crimes included in harassment.

9A.46.070 Enforcement of orders restricting contact.

9A.46.080 Order restricting contact—Violation.

9A.46.090 Nonliability of peace officer.

9A.46.100 “Convicted,” time when.

9A.46.110 Stalking.

2

9A.46.910 Severability—1985 c 288.

9.61.230 Telephone harassment.

9.61.250 Telephone harassment—Offense, where deemed committed.

9.61.260 Cyberstalking.

9A.86.010 Disclosing Intimate Images 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 15th day of November, 2016. ATTEST: Kathy Coffey, Mayor

Sonya Claar Tee, City Clerk Publication Date: Effective Date:

1

ORDINANCE NO. 2016-____

AN ORDINANCE relating to Public Safety; amending the City of Yakima Municipal Code, Section 6.45.015, and adopting the Revised Code of Washington 9A.86.010, Disclosing Intimate Images.


Section 1. Section 6.45.015, and Chapter 6.45 of the Yakima Municipal Code is

hereby amended to read as follows:

Chapter 6.45 OFFENSES AGAINST PERSONS

6.45.015 Statutes adopted – Harassment crimes.

The following RCW sections, as currently enacted or as hereafter amended or recodified from

time to time, are hereby adopted by reference and shall be given the same force and effect as if

set forth herein in full:

RCW

9A.46.020 Definition—Penalties.

9A.46.030 Place where committed.

9A.46.040 Court-ordered requirements upon person charged with crime—Violation.

9A.46.050 Arraignment—No contact order.

9A.46.060 Crimes included in harassment.

9A.46.070 Enforcement of orders restricting contact.

9A.46.080 Order restricting contact—Violation.

9A.46.090 Nonliability of peace officer.

9A.46.100 “Convicted,” time when.

9A.46.110 Stalking.

2

9A.46.910 Severability—1985 c 288.

9.61.230 Telephone harassment.

9.61.250 Telephone harassment—Offense, where deemed committed.

9.61.260 Cyberstalking.

9A.86.010 Disclosing Intimate Images 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 15th day of November, 2016. ATTEST: Kathy Coffey, Mayor


RCW 9A.86.010

Disclosing intimate images.

(1) A person commits the crime of disclosing intimate images when the person knowingly

discloses an intimate image of another person and the person disclosing the image:

(a) Obtained it under circumstances in which a reasonable person would know or understand

that the image was to remain private;

(b) Knows or should have known that the depicted person has not consented to the

disclosure; and

(c) Knows or reasonably should know that disclosure would cause harm to the depicted

person.

(2) A person who is under the age of eighteen is not guilty of the crime of disclosing intimate

images unless the person:

(a) Intentionally and maliciously disclosed an intimate image of another person;

(b) Obtained it under circumstances in which a reasonable person would know or understand

that the image was to remain private; and

(c) Knows or should have known that the depicted person has not consented to the disclosure.

(3) This section does not apply to:

(a) Images involving voluntary exposure in public or commercial settings; or

(b) Disclosures made in the public interest including, but not limited to, the reporting of

unlawful conduct, or the lawful and common practices of law enforcement, criminal reporting,

legal proceedings, or medical treatment.

(4) This section does not impose liability upon the following entities solely as a result of

content provided by another person:

(a) An interactive computer service, as defined in 47 U.S.C. Sec. 230(f)(2);

(b) A mobile telecommunications service provider, as defined in RCW 82.04.065; or

(c) A telecommunications network or broadband provider.

(5) It shall be an affirmative defense to a violation of this section that the defendant is a

family member of a minor and did not intend any harm or harassment in disclosing the images of

the minor to other family or friends of the defendant. This affirmative defense shall not apply to

matters defined under RCW 9.68A.011.

(6) For purposes of this section:

(a) "Disclosing" includes transferring, publishing, or disseminating, as well as making a

digital depiction available for distribution or downloading through the facilities of a

telecommunications network or through any other means of transferring computer programs or

data to a computer;

(b) "Intimate image" means any photograph, motion picture film, videotape, digital image, or

any other recording or transmission of another person who is identifiable from the image itself or

from information displayed with or otherwise connected to the image, and that was taken in a

private setting, is not a matter of public concern, and depicts:

(i) Sexual activity, including sexual intercourse as defined in RCW 9A.44.010 and

masturbation; or

(ii) A person's intimate body parts, whether nude or visible through less than opaque

clothing, including the genitals, pubic area, anus, or post-pubescent female nipple.

(7) The crime of disclosing intimate images:

(a) Is a gross misdemeanor on the first offense; or

(b) Is a class C felony if the defendant has one or more prior convictions for disclosing

intimate images.

(8) Nothing in this section is construed to:

(a) Alter or negate any rights, obligations, or immunities of an interactive service provider

under 47 U.S.C. Sec. 230; or

(b) Limit or preclude a plaintiff from securing or recovering any other available remedy.


Item No. 6.G.For Meeting of: November 15, 2016

ITEM TITLE: Second reading of an ordinance amending the 2016 budget andmaking appropriations from Unappropriated Fund Balances withinvarious Funds for expenditure during 2016 (first reading onNovember 1, 2016)

SUBMITTED BY: Cindy Epperson, Director of Finance & Budget

SUMMARY EXPLANATION:During development of the 2017 preliminary budget, which requires analysis of 2016 budgettrends and estimates, we noted several instances where additional appropriation is warranted sofunds remain within budget at the end of 2016. In some cases there is additional revenue tosupport the additional expenditures, either in program revenues or grants. In those cases that arenot supported by additional revenue, the fund balance is adequate to absorb the increase.

The change to the City’s medical plan and related premium increase in midyear 2016 requirednumerous small adjustments to various service units in the General Fund and other funds. Theappropriation to the General Fund is offset by revenue in excess of original budget for sales oftwo Tiger Mart properties--we anticipated $400,000 and received over $680,000. The details forall appropriations are in the schedule attached to this item. We are asking for appropriation for the following purposes:

General Fund Midyear medical adjustment – funded byproperty sales $ 270,816

Parks and Recreation Fund Midyear medical adjustment 13,806

Streets and Traffic FundSnow event, midyear medical, update ofcomprehensive plan, equipment and powercosts

318,191

Cemetery Midyear medical adjustment 1,170Emergency Fund Midyear medical adjustment 10,778

Police Grants Fund Emphasis patrols higher than planned, grantrevenue funds expenditures 32,000

Capital Improvement Fund Utility account management system changeorder 30,000

Snow removal equipment and construction

Airport Capital Fund change order to Alpha Taxiway, mostly fundedby grant revenues

2,160,000

Stormwater Operating Fund Midyear medical adjustment 12,271Refuse Fund Midyear medical adjustment 6,568

Wastewater Op Fund Midyear medical adjustment 48,892

Water Operating Fund Midyear medical adjustment, transfer funds toWater Capital Fund 445,652

Irrigation Operating Fund Midyear medical adjustment, transfer funds toIrrigation Capital Fund 27,347

Public Works Administration Midyear medical adjustment 6,506

The attached appropriation adds these items to the 2016 budget, which increases the total Cityexpenditure budget by $3,383,997, while the revenue budget is increasing by $2,451,816, with anet use of reserves Citywide of $479,181 (excluding $453,000 transfers to Capital Funds). Theunusual snow in early 2016 represents $237,500. The midyear medical adjustments not offset byrevenue represents most of the balance. These appropriations are not in addition to the yearend estimates that have been presented to Council in various study sessions. In other words, theending fund balance estimates presented in the Preliminary Budget already includethese expenditures. This appropriation serves to amend the budget to cover the expenditurespresented that were unforeseen at the time the 2016 Budget was prepared.

ITEM BUDGETED: NASTRATEGIC PRIORITY: Public Trust and Accountability


STAFF RECOMMENDATION:Pass Ordinance.


ATTACHMENTS:Description Upload Date TypeAppropriation Ordinance 2016 10/25/2016 Cover Memo

Schedule Detailing Appropriation Ordinance 10/25/2016 Cover Memo

Cepperson 10/25/2016

ORDINANCE NO. 2016 -

AN ORDINANCE amending the 2016 budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various funds for expenditure during 2016 for various purposes described in the attached Schedule.

WHEREAS, the various funds indicated on the attached Schedule I contain

Unappropriated Fund Balances available for appropriation and expenditures during 2016

in various amounts and for the purposes mentioned in the attached Schedule, and

WHEREAS, at the time of the adoption of the 2016 budget it could not

reasonably have been foreseen that the appropriation provided for by this ordinance

would be required; and the City Council declares that an emergency exists of the type

contemplated by RCW 35.33.091 and that it is in the best interests of the City to make

the appropriation herein provided, now, therefore,


Section 1. Appropriations are hereby made, for expenditure during 2016, from

Unappropriated Fund Balances in the various Funds to the various accounts and in the

various amounts, and for the various specific purposes, all as specified in the Schedule

attached hereto and incorporated herein.

Section 2. This ordinance is one making an appropriation and shall take effect

immediately upon its passage, approval and publication as provided by law and by the

City Charter.

PASSED BY THE CITY COUNCIL, signed and approved this _ day of

, 2016 __________________________________ KATHY COFFEY, MAYOR ATTEST:

_________________________ CITY CLERK First Reading: ______________

Publication Date: ___________

Effective Date: _____________

City of Yakima

2016 Appropriation Schedule

SCHEDULE I

Appropriate out of unappropriated fund balances of the various funds and in the various

amounts and for the purposes as described:

ACCOUNT AMOUNT FUND TOT. DESCRIPTION

GENERAL FUND

001 1432510 Records 2,170$ Mid year medical adjustment

001 1522510 Prosecution 6,468

001 1552510 Municipal Court 4,285

001 1622510 Personnel Administration 1,264

001 1662510 Police Civil Service 3,220

001 2162510 Comprehensive Planning 4,632

001 2192510 Planning Administration 1,004

001 2232510 Animal Control 1,399

001 2292510 Code Administration 14,525

001 2512510 Economic Development 1,073

001 3052510 Detentn - Care/Cust Prisoners 10,848

001 3122510 Investigations 4,280

001 3132510 Preventative Patrol 95,558

001 3142510 Police Support Services 18,061

001 3172510 Police Special Operations 3,575

001 3182510 Law & Justice Facility Maint 1,682

001 3192510 Police Administration 1,171

001 3222510 Fire Suppression & EMS 68,576

001 3512510 Information Tech Services 10,688

001 3522510 Electronic Tech Services 1,800

001 6122510 Finance 1,178

001 6512510 Utility Meter Specialists 2,123

001 6522510 Utility Customer Service 10,336 001 6532510 Parking Tickets 900

Total Expenditures 270,816$

Revenue

001 8959502 270,816 Sale of Tiger Mart property

Total Revenues 270,816

Net Use of Fund Balance -

PARKS AND RECREATION

131 5412510 13,806 Mid year medical adjustment Total Expenditures 13,806

Net Use of Fund Balance 13,806

STREETS & TRAFFIC ENG FUND

141 4121200 30,000 January Snow event--Overtime

141 4124100 110,000 January Snow event--Professional Services

141 4164891 65,000 January Snow event--Vehicle Maintenance

141 4164892 15,000 January Snow event--Vehicle Maintenance

141 4132510 15,691 Medical - mid year adjustment

141 4344800 17,500 Outside emergency repair to equipment

141 4324701 40,000 Pacific Power & Light141 4444100 25,000 Professional Service-Comp plan update

Total Expenditures 318,191


CEMETERY

144 5182510 Cemetery 1,170 Mid year medical adjustment Total Expenditures 1,170


EMERGENCY SERVICES

tl 10/25/2016 Page 1 of 3

City of Yakima


SCHEDULE I






POLICE GRANTS

152 3091200 32,000 Taskforse and Emphasis Overtime

Total Expenditures 32,000

Revenue

152 8953108 24,000 Justice Assistance Grant - Emphasis Patrols

152 8954221 8,000 Taskforce Total Revenue 32,000

Net Use of Fund Balance -

CAPITAL IMPROVEMENT FUND

392 6526450 30,000 Account Management system change order Total Expenditures 30,000


AIRPORT CAPITAL

422 2916450 1,600,000 Snow removal equipment

422 2916512 560,000 Alpha Taxiway Construction Services Agreement amendment

Total Expenditures 2,160,000

Revenue

422 8953138 1,600,000 Airport Improvement Grant

422 8953445 20,000 State Grant

422 8954431 15,000 PFC Revenue

422 8953137 514,000 Airport Improvement GrantTotal Revenue 2,149,000


STORMWATER OPERATIONS

441 7462510 Stormwater Ops 12,271 Mid year medical adjustment Total Expenditures 12,271


REFUSE



WASTEWATER OPERATIONS



WATER OPERATIONS

474 7642510 15,652 Mid year medical adjustment

474 7720055 430,000 Transfer to Capital Fund Total Expenditures 445,652


tl 10/25/2016 Page 2 of 3

City of Yakima


SCHEDULE I




IRRIGATION

475 7822510 4,347 Mid year medical adjustment

475 7820055 23,000 Transfer to Capital Fund Total Expenditures 27,347


PUBLIC WORKS ADMINISTRATION



tl 10/25/2016 Page 3 of 3


Item No. 8.For Meeting of: November 15, 2016

ITEM TITLE: Public meeting to consider citizen comments on the proposed2017 Annual Action Plan for Community Development Block Grant(CDBG) and HOME Fund Programs

SUBMITTED BY: Joan Davenport, AICP, Community Development DirectorArchie Matthews, ONDS Manager (509) 576-6761

SUMMARY EXPLANATION:Every year the City of Yakima is required by the Federal Housing and Urban DevelopmentDepartment (HUD) to provide an Annual Action Plan that outlines the City of Yakima's budgetplans for using Community Development Block Grant (CDBG) entitlement funds and HOMEInvestment dollars to meet the needs of its low to moderate income citizens with "eligibleactivities". The CDBG program has three primary objectives; to benefit low and moderate incomepersons, to assist with problems relating to slum and blight, and to assist with urgent health andwelfare needs. The program can thus provide assistance in a broad range of activities andservices, but at least 70% of all funds must be spent on assisting people with issues related tolow income. The HOME Program can only assist low/moderate income persons with issuesrelating to housing; which can range from new construction of single-family to rental housing anddown payment assistance for first time homebuyers. In keeping with HUD regulations, the City of Yakima must allow a thirty day written commentperiod and two public meetings in order to give the citizens of Yakima an opportunity to commentand provide input on the proposed 2017 Annual Action Plan "DRAFT". This is the first of twopublic meetings and within the thirty days written comment period that began November 1, 2016.The proposed 2017 Annual Action Plan DRAFT is available on the city’s website or at the CityClerk’s Office.https://www.yakimawa.gov/services/neighborhood-development-services/

ITEM BUDGETED: NASTRATEGIC PRIORITY: Neighborhood and Community Building

https://www.yakimawa.gov/services/neighborhood-development-services/

APPROVED FORSUBMITTAL:

City Manager



ATTACHMENTS:Description Upload Date Type2017 DRAFT Annual Action Plan 11/3/2016 Backup Material



ITEM TITLE: First public hearing on the proposed 2017 Revenue andExpenditure Budget for the City of Yakima

SUBMITTED BY: Cliff Moore, City Manager Cindy Epperson, Director of Finance & Budget

SUMMARY EXPLANATION:The staff has prepared the 2017 Preliminary Budget Summary for consideration by the CityCouncil and the public. This budget represents staff’s projections of revenues and proposedexpenditures for the coming year. The Preliminary Budget was first presented at a StudySession on October 24, 2016.

The purpose of the Public Hearing is to accept input, comments, and/or questions from citizensand other affected parties regarding the proposed 2017 Budget including all initiatives and otherrelated budget matters for 2017. The 2017 Preliminary Budget Summary is on the City's websitehome page - www.yakimawa.gov/services/finance/financial-reports/ In accordance with state law, Council is required to conduct two public hearings and adopt thebudget prior to year end. The second and final public hearing will be conducted on December 6,2016, and the final budget ordinance will be presented for Council approval on December 13.

ITEM BUDGETED:STRATEGIC PRIORITY: Public Trust and Accountability


STAFF RECOMMENDATION:Conduct the Public Hearing and accept public testimony.

http://www.yakimawa.gov/services/finance/financial-reports/



ITEM TITLE: Public hearing and ordinances pertaining to Ad Valorem Taxes tobe levied for collection in Fiscal Year2017

SUBMITTED BY: Cliff Moore, City ManagerCindy Epperson, Director of Finance and Budget

SUMMARY EXPLANATION:Ordinance A—Declaring the City Council’s intent to increase the City’s 2016 regular property taxlevy up to 101% of the amount levied in the previous year, plus new construction, annexation, andrefunds.

Ordinance B—fixing and levying the 2017 ad valorem property taxes and excess levy taxes forthe City of Yakima.

These ordinances follow state law imposing a 1% increase in the property tax levy for 2017, plusnew levies for construction and refunds, and are the basis on which the 2017 budget wasdeveloped and balanced. Because the 1% increase is greater than the inflation rate (Implicit PriceDeflator or IPD), these ordinances require super-majority approval (i.e. 5-2). The attachedmemorandum discusses the importance of the property tax levy, and sets forth the "substantialneed" to exceed the rate of inflation of 0.953%, and approve a modest 1% increase in the levy. The full 1% increase amounts to about $180,000, while the inflationary increase is about$171,600. If Council does not approve the 1%, then General Government revenue would bereduced by $8,400. Council could choose to use beginning fund balance, or directa corresponding reduction in expenditures.

ITEM BUDGETED: YesSTRATEGIC PRIORITY: Public Trust and Accountability


STAFF RECOMMENDATION:City Management is recommending that City Council conduct a public hearing on the 2017property tax levy, and then pass ordinances.


ATTACHMENTS:Description Upload Date Type2017 Ad Valorem Memorandum 11/9/2016 Cover Memo

Ordinance A ad valorem intent 11/10/2016 Cover Memo

Ordinance B Setting Ad Valorem Tax Levy 11/9/2016 Cover Memo

Exhibit 1 Property Tax Calculation 11/9/2016 Cover Memo

Attachment 1 Ad Valorem 11/9/2016 Cover Memo

Memorandum

Date: November 10, 2016

To: The Honorable Mayor and City Council

From: Cindy Epperson, Director of Finance and Budget

Re: 2017 Property Tax Levy

Background

State law requires several administrative and legal steps to establish the property tax levy. This agenda item includes two (2) separate ordinances. Ordinance A and B will set the property tax levy for collection in 2017, based on the limit of a 1% increase (or the rate of inflation, whichever is less) over the prior year base levy, plus new levies for construction and annexation. The law defines the rate of inflation as measured by the Implicit Price Deflator (IPD) for consumer goods. For this year, the IPD increased by 0.953% from June 2015 to June 2016. Since this is less than the statutory 1%, our property tax increase is limited to a 0.953% increase. However, state law does allow the property tax to be levied at the 1% maximum, by a super-majority (i.e. 5-2) vote of Council declaring the existence of “substantial need” for the increase. The 2017 budget was developed assuming a 1% increase. Exhibit I details the calculation of the property tax levy with a base of 101% of the prior year using preliminary information obtained from the County Assessor’s office. According to state law, the certification of ad valorem taxes must be filed with the Board of Yakima County Commissioners on or before November 30, 2016 or the City will receive no funding from this source in 2017. The Commissioners have requested to receive this packet by November 21 so they can incorporate all of the requests into their required legislation. Ordinance purposes are: Ordinance A identifies Council's intent to authorize an increase in the tax levy over 2016 levels. Because the limit factor is greater than the rate of inflation, this ordinance requires a super-majority (i.e. a minimum affirmative vote of five members) to pass. It is required by RCW 84.55.120. This is legally necessary to increase the 2017 tax collections by any amount over 2016 levels. Ordinance B fixes the tax levy for collection by the City in 2017. This ordinance would include not only the regular tax but also special levy taxes for bond repayments. It should be noted that all voted bond issues were paid in full in 2014, so the 2017 levy does not include a special bond levy. This ordinance complies with RCW 35.33.135 and in accordance with Article VII, Section 2 of the City Charter, also requires a super-majority approval by City Council. These ordinances are in substantially the same format as the prior year levy legislation, with the exception of the additional declaration of substantial need in Ordinance A.

General Government Revenue Discussion In reviewing General Government revenue, there are 4 revenues that each make up approximately one fourth of the total—i.e. there are four “legs” that support General Government operations. Sales Tax (including the City’s allocation of both county-wide Criminal Justice sales taxes) represents about 27% of the total. Property tax as proposed is about 23%; Utility Taxes as presented in the Preliminary Budget make up about 22%; and all other revenue comprise the remaining 28%. (See Attachment 1 for a summary of General Government revenues.) 2016 General Government revenue is estimated to be $73.7 million, $3.4 million or 4.8% more than 2015, due to a combination of sales tax growth of about $731,000 or 3.8%; an increase in state shared revenue of $530,000; and the sale of two Tiger Mart properties after their environmental clean-up of $688,000. Going into 2017, Sales and utility tax revenues are projected to grow as a result of ongoing economic development in our community and increases in utility rates so that revenues are forecast to grow by $1.9 million or 2.6% from the 2016 estimate, (and $2.3 million or 3.1% from the 2016 Budget). The proposed 1% increase in Property Tax is projected to be about $180,000 in 2017. The initial estimates from the County on the 2017 property tax levy included a growth rate for new construction that is 1.2% or $223,000, along with a refund levy of about $38,000 which approximates the budget estimate when added together. Property Tax Discussion The total 2017 City of Yakima property tax levy includes the 101% levy, and amounts for new construction and prior year refunds. The 2017 budget currently includes an estimated revenue of $18,310,210 for the regular levy, an increase of $414,420 over the 2016 year-end estimate of $17,895,790. There is no voted levy debt, since the 1995 voted Fire bond issue paid in full in 2014. The total operating tax rate for next year is estimated to be $3.111 per $1,000 of Assessed Valuation (AV), up slightly from the 2016 rate of $3.0879. (The statutory limit is $3.60 less the Library levy, which is capped at 50 cents per $1,000. The estimate for the 2017 Library levy is 47.4 cents per thousand) It should be noted that the amounts included in the budget differ from the levy as shown in attached Exhibit I because of the timing of collections. In other words the budget is built on collection estimates of the levy. A home with an assessed value of $150,000 in 2016 paid $463.19 for the regular levy. (According to the preliminary valuation estimate provided by the County Assessor, the underlying assessed value of all taxable property in the City grew slightly – about 0.2%). The regular levy tax for 2017 is estimated to be $466.76, and there is no voted levy so there is a slight increase of $3.57 in the total annual levy. We believe the current request for the property tax levy is justified by the following conditions, which combine to indicate the City has a substantial need to increase the levy to the statutory maximum of 1%:

1. The property tax is needed to help meet mandates and contractual obligations, principally Public Safety pensions/medical costs. Attachment 2 demonstrates the amount of property taxes dedicated to these areas.

2. In the Street budget, property tax represents about 66.7% of all revenue in this budget. (see Attachment 3). Investing in maintaining and repaving the City streets has been a

high Council priority for several years. The other major revenue source in this fund is Gas Tax, which is based on a “per gallon” charge. The economic downturn created a “new normal” in consumption -- the 2017 gas tax estimate is about equal to 2007 levels.

3. Property tax is also a key revenue source for the Parks and Recreation Division, representing about 47% of all Parks revenue. Parks maintenance is supported entirely by property taxes, which includes the funding of the City Charter amendment to spend $750,000 annually on Parks capital projects. Other programs such as the Senior Center and Aquatics are supported in part by the property tax. The cost to maintain and operate these facilities increases annually. (Also see Attachment 3).

4. Again this year, the City is not expected to collect the full levy because of senior citizen exemptions, delinquent taxes and other refunds for disputed values. For the year 2017, the City is estimating a reduction of up to 2.3% in actual collections from the authorized levy, offset by a portion of delinquent taxes that are predicted to be collected.

5. Yakima's per capita property tax ranks $90 below the average of comparable Washington cities with populations of 50,000 to 135,000 in 2015, the most recent year this information has been compiled. Yakima ranks 9th out of 11 cities in this group. Further, for these same cities, Yakima's total per capita revenue collected from all taxes, fees and charges is $1,510 or $813 less than the average of $2,323 and again ranks 9th out of the 11 cities. Our residents are currently taxed and/or charged substantially less than other similar size cities. (See Attachments 2 & 4).

6. Finally, the City's current property tax levy represents only 24% (approximately 1/4) of the total property taxes paid by City residents. The State, local School District levies and County government receive approximately 3/4 of all property taxes paid. (See Attachment 5).

In conclusion, property tax is a vital component of General Government revenue. Based upon the previous discussion, City management/budget staff respectfully requests the passage of both Ordinances A and B to set the 2017 property tax levy, which is the basis on which the 2017 budget was developed. If a super-majority does not approve “substantial need” to go to the 101%, then the ordinance will need to be modified for the increase to be 100.953%, and the requested amount will be reduced by $8,463 from $18,497,656 to $18,489,193. Since the General Government budget is already projected to use reserves, a reduction in property taxes of about $8,500 would result in a budgeted use of reserves, unless Council directs a reduction in expenditures.

ORDINANCE NO. 2016-

AN ORDINANCE relating to the annual property tax levy; declaring the City Council’s intent to increase the City’s 2017 regular levy up to 101% along with new construction, annexation, refunds and growth in state-assessed property values from the amount levied the previous year (Ordinance A).

WHEREAS, RCW 84.55.120 requires a taxing district that collects regular levies to hold a public hearing on revenue sources for the district's following year's current expense budget, including consideration of possible increases in property tax revenues; and WHEREAS, pursuant to RCW 84.55.120 and the City Charter, on November 15, 2016, upon due and proper legal notice, the Yakima City Council held a public hearing to consider the City's general government revenue sources for the 2017 current expense budget, and the total proposed property tax levy amount pertaining to 2017 revenues from real and personal property taxes; and WHEREAS, RCW 84.55.120 provides that no increase in property tax revenue, other than that resulting from the addition of new construction and improvements to property in any increase in the value of state-assessed property, may be authorized by a taxing district, except by adoption of a separate ordinance or resolution, pursuant to notice, specifically authorizing the increase in terms of both dollars and percentage; and WHEREAS, RCW 84.55.005 sets the limit factor for the increase in the regular property tax levy at the lesser of one hundred one percent or one hundred percent plus inflation, which is defined as the percentage change in the implicit price deflator (IPD) for person consumption expenditures for the United States as published for the most recent twelve-month period by the bureau of economic analysis of the federal department of commerce by September 25th of the year before the taxes are payable; and WHEREAS, the applicable percentage change in the Implicit Price Deflator was 0.953%; and WHEREAS, RCW 84.55.0101 allows a taxing district to use a limit factor of one hundred one percent upon a finding of substantial need by the legislative authority by a super-majority vote; and

WHEREAS, the City Council, after the public hearing on November 15, 2016, and after duly considering all relevant evidence and testimony presented, has determined that the City requires an increase in property tax revenue from the previous year above the rate of inflation, along with the addition of new construction and improvements to property and any increase in the value of state-assessed property, in order to discharge the expected expenses and obligations of the City, and as being necessary and in the best interests of the citizens of the City of Yakima; and

WHEREAS, the amount of property tax levied for collection in 2016 was $18,006,395 for general government purposes; and WHEREAS, the discretionary increase in property tax levied attributable to the inflation factor for collection in 2017 shall be in the amount of $171,601, which is a percentage increase of 0.953% from the previous year; and

WHEREAS, the discretionary increase in property tax levied attributable to substantial need for collection in 2017 shall be in the amount of $8,463, which is a percentage increase of 0.047% from the previous year; and

WHEREAS, these discretionary increases in property tax levied for collection in 2017 combine to be in the amount of $180,064, which is a percentage increase of 1% from the previous year; and

WHEREAS, the non-discretionary increases in property tax levied for collection in 2017

can only be estimated due to the absence of final values to be provided by the Yakima County Assessor, now, therefore,


Section 1. The following increases in the regular property tax levy, over the amount of the previous year's levy, are hereby authorized to be cumulatively levied for collection in 2017:

A. A discretionary increase of $171,601, attributable to the inflation factor which is a percentage increase of 0.953% over the amount levied for collection in 2016; plus

B. A discretionary increase of $8,463, attributable to the declaration of substantial need, which is a percentage increase of 0.047% over the amount levied for collection in 2016; plus

C. An estimated increase of $0 for recent annexations; plus D. An estimated increase of $223,331 for new construction and improvements

to property; plus E. An estimated increase of $37,866 for a refund levy; plus F. An increase authorized by state law for state-assessed property values.

Section 2. The City Clerk is directed to transmit and file a certified copy of this ordinance with the Board of Yakima County Commissioners and the Yakima County Assessor on or before November 30, 2016. Section 3. Pursuant to Article VI, Section 2 of the Yakima City Charter, this ordinance shall take effect on November 15, 2016. PASSED BY THE CITY COUNCIL, signed and approved this 15th day of November, 2016. ATTEST: Kathy Coffey, Mayor City Clerk

Publication Date: November 18, 2016

Effective Date: November 15, 2016

ORDINANCE B

ORDINANCE NO. 2016

AN ORDINANCE fixing and levying the amount of ad valorem taxes necessary to discharge the expected expenses and obligations for the 2017 Budget for the City of Yakima.

WHEREAS, the City Council finds that the total net amount of $18,497,656 in revenue must be raised by ad valorem taxes on real and personal property within the corporate limits of the City of Yakima to discharge the expected expenses and obligations for the 2017 Budget for the City of Yakima, now therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. There is hereby fixed to be raised by general property taxes upon real and personal property within the City of Yakima the amount of $18,497,656 for the following purposes:

General Government Levy Operating Funds $17,256,896 Firemens' Relief & Pension Fund 1,240,760

Amount of tax levy for General Government Purposes (1) $18,497,656

Special Purpose Tax Levy 0

Total Levy Amount (1) $18,497,656 (1) Includes an additional $50,000 to provide for final adjustments in State assessed, refunds, new construction and annexation values. Section 2. The City Clerk is directed to transmit and file a certified copy of this ordinance with the Board of Yakima County Commissioners and the Yakima County Assessor on or before November 30, 2016. Section 3. Pursuant to Article VI, Section 2 of the Yakima City Charter, this ordinance shall take effect on November 15, 2016.

PASSED BY THE CITY COUNCIL, signed and approved this 15th day of November, 2016.

ATTEST: Kathy Coffey, Mayor City Clerk Publication Date: Effective Date:

EXHIBIT I

City of YakimaProperty Tax Limitation Calculation

2016 Tax 2017Assessed Rate Levy

Values Applied Dollars

(Dollars in Thousands)

Prior Year (2016) = Base $5,831,302.790 $3.0879 $18,006,395IPD 0.953% Increase $171,601Substantial need 0.047% Increase $8,463Base 101% $18,186,459

Valuation Increase --- 0.22% $12,707.458 N/A $0

New Construction --- 1.24% $72,324.696 $3.0879 $223,331State Assessed Value $3.0879 $0

Tax Limit Before Annexations $5,916,334.944 $3.1117 $18,409,790

Add for Annexation $0.000 $3.1117 $0

Limit for Subsequent Years $5,916,334.944 $3.1117 $18,409,790

Plus Refunds (estimate) $37,866

Plus Contingency $50,000

Total-ordinance $18,497,656

Est. Change in rate per $1,000 of Assessed Value $0.0238

State of Washington Constitutional Limit

Assessed Valuation $5,916,334.944 $3.6000 $21,298,806

Less: Library Levy (Estimate) $0.4743 $2,806,118

2015 Levy for Collection in 2016 (Estimate) $3.1257 $18,492,688

ATTACHMENT #1

GENERAL GOVERNMENT REVENUE (BASED ON 2017 BUDGET OF $75.6 MILLION)

GENERAL GOVERNMENT RESOURCES

THREE YEAR COMPARISON

(1) Some Criminal Justice sales tax is allocated to the Law and Justice capital fund (a non-general Governmental fund) for capital needs.

27.1¢ Franchise & Intergovernment & Other21.8¢ 6.5¢ 3.6¢

Sales Tax Utility Tax State Shared Revenue Revenue($20,519,080) ($16,507,100) ($4,898,728) ($2,742,270)

($10,552,576)

22.6¢ 14.0¢ 4.4¢Property Tax Licenses, Permits Fines &($17,069,450) Other Taxes

($3,289,610)& Charges f/Services

2016 2017 % of –– 2017 vs. 2016 ––2015 Year-End Percent Projected 2017 Increase Percent

Source Actual Estimate Change Revenue Total (Decrease) Change

General Sales Tax 15,770,269$ 16,400,000$ 4.0% 17,023,200$ 22.7% 623,200$ 3.8%

Crim. Justice Sales Tax (1) 3,260,050 3,361,500 3.1% 3,495,880 4.5% 134,380 4.0%Property Tax 16,444,895 16,755,030 1.9% 17,069,450 22.6% 314,420 1.9%Utility & Franchise Taxes 15,689,913 15,973,100 1.8% 16,507,100 21.8% 534,000 3.3%Charges for Services 8,242,444 8,791,326 6.7% 9,571,576 12.7% 780,250 8.9%State Shared Revenue 2,873,947 3,404,000 18.4% 3,433,050 4.5% 29,050 0.9%Fines and Forfeitures 1,589,895 1,690,464 6.3% 1,721,110 2.3% 30,646 1.8%Other Taxes 1,557,541 1,554,300 (0.2%) 1,568,500 2.1% 14,200 0.9%Other Revenue 936,511 1,544,287 64.9% 1,229,210 1.6% (315,077) (20.4%)Transfers from other Funds 1,449,559 1,490,700 2.8% 1,513,060 2.0% 22,360 1.5%Other Intergovernmental 1,578,128 1,696,478 7.5% 1,465,678 1.9% (230,800) (13.6%)Licenses and Permits 872,276 990,500 13.6% 981,000 1.3% (9,500) (1.0%)

Total Revenue 70,265,428 73,651,685 4.8% 75,578,814 100.0% 1,927,129 2.6%Beginning Fund Balance 9,412,400 7,152,826 (24.0%) 6,942,980 (209,846) (2.9%)

Total Resources 79,677,827$ 80,804,511$ 1.4% 82,521,794$ 1,717,283$ 2.1%

ATTACHMENT #2

2017 PROPOSED GENERAL PROPERTY TAX LEVY – BY FUNCTION

Fire & Police Pension

$2,205,757 12.0%

Parks$2,561,900

14.0%

Streets$3,580,100

19.6%

General Fund$9,962,453

54.4%

2016 2016 2017 2016 Est.2015 Amended Year-End Projected vs. 2017

Actual Budget Estimated Revenue BudgetGeneral 9,914,078$ 10,660,930$ 10,660,930$ 10,927,450$ 2.5%Parks & Recreation 2,956,085 2,659,400 2,659,400 2,561,900 (3.7%)Street & Traffic 3,574,732 3,332,700 3,434,700 3,580,100 4.2%

Sub-Total General Government 16,444,895 16,653,030 16,755,030 17,069,450 1.9%Fire Pension 1,182,452 1,240,760 1,140,760 1,240,760 8.8%

Total 17,627,347$ 17,893,790$ 17,895,790$ 18,310,210$ 2.3%

The graph below depicts how the City of Yakima compares to other cities of somewhat similar population relative to property tax. This comparison shows that Yakima’s property tax is below the state average. This data was compiled from the State Auditor’s Local Government Comparative Statistics.

2015 PER CAPITA PROPERTY TAXES Comparable Cities between 50,000 and 135,000 in Population

(Rounded to the closest dollar)

ATTACHMENT #3

PROPERTY TAX AS A PERCENTAGE OF TOTAL FUND REVENUE 2017 BUDGET YEAR

$0

$50

$100

$150

$200

$250

$300

$350

$400

$450

Kennewick Kent Yakima Auburn Marysville Bellevue Richland Kirkland Renton Everett Redmond

$155$179 $190

$229 $245

$298 $305$334

$360$382

$398Yakima's per capita property tax is $190, which is $90 less than the average city per capita of $280

16.9%

46.8%

66.7%

93.1%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

GeneralFund

Parks Streets Fire Pension

% Property Tax % Other Revenue

ATTACHMENT #4

The largest revenue source for the General Government Funds is sales tax. Yakima is just slightly below the average per capita sales tax compared with similar cities in the State. However, Yakima is in the lower 1/3 of ranking in all other revenue comparisons per capita and is the third lowest out of the twelve cities compared in combined per capita revenue. This comparison demonstrates that the City of Yakima has limited revenue/tax base compared with most cities of its size in the state, and yet provides similar or enhanced services to its citizens. (For example, of the cities included in the comparison, only Everett has a transit system; there are no other city-owned irrigation systems; and a few of the cities are members of a Regional Fire Authority, so have no fire expenditures).

2015 PER CAPITA TOTAL REVENUES Comparable Cities between 50,000 and 135,000 in Population

(Rounded to the closest dollar)

$0

$500

$1,000

$1,500

$2,000

$2,500

$3,000

$3,500

Kennewick Marysville Yakima Kent Auburn Kirkland Everett Renton Redmond Richland Bellevue

$1,356 $1,455 $1,510$1,756

$2,039 $2,151

$2,467 $2,468

$3,304$3,477 $3,575

Yakima's per capita total revenue is $1,510, which is $813less than the average city per capita of $2,323

ATTACHMENT #5

Property Taxes The total property taxes paid by property owners within the City of Yakima include taxes levied by several governmental entities: the State, School Districts, special county-wide voted levies and the City’s general and special voter approved levies. The percentage of the total property taxes levied by, and allocated to, each individual governmental entity will change slightly from year to year. The City’s portion is generally under 30% of the total amount collected. (Refer to the graph and chart below for how the 2016 property taxes were allocated between these governmental entities.)

2015 PROPERTY TAX DISTRIBUTION

City of Yakima Property Tax – In 2016, a typical City resident pays approximately $12.64 per thousand of assessed value on property taxes. Only $3.09, or about 24.4%, goes to the City, with the balance divided between the County, schools, and other special districts. Description Of How Property Taxes Are Levied – The following explanation is included to help the reader understand how property taxes are assessed to the individual property owners. To aid in this explanation, three commonly used terms must be understood. They are Property Tax Levy, Property Tax Rate and Assessed Value. Property Tax Levy – is the total amount of money that is authorized to be collected. Property Tax Rate – is the property tax amount that will be applied to every $1,000 of

assessed value; the rate is determined by simply dividing the levy amount by the total assessed value amount and dividing that number by 1,000.

Assessed Value – is the total value, as determined by the County Assessor’s Office, of all property within the City.

.24¢EMS.02¢ .14¢

Yakima School District0.38¢ 0.18¢

City of Yakima

Library .04¢

State of Washington Schools

Yakima County



ITEM TITLE: Martin Luther King Jr. Park UpdateSUBMITTED BY: Scott Schafer, Public Works Director - (509) 576 6411

Ken Wilkinson, Parks and Recreation Manager - (509) 576 6416

SUMMARY EXPLANATION:Staff has been asked to provide information regarding Martin Luther King Jr. Park. The reportincludes history of the park, amenities in and around the park, improvements that have beenmade over the last fifteen years, upgrades that need to be made, maintenance information, andsafety concerns.

ITEM BUDGETED: NoSTRATEGIC PRIORITY: Neighborhood and Community Building



BOARD/COMMITTEE RECOMMENDATION:This report will be submitted to the Parks and Recreation Commission on November 9, 2016 atits regular monthly meeting.

ATTACHMENTS:Description Upload Date TypeMartin Luther King Jr. Park memo 11/7/2016 Cover Memo

Memo - Rules and Regulations regarding parks - SaraWatkins - Legal

11/4/2016 Backup Material

Memorandum

November 15, 2016

To: Honorable Mayor and Members of the Yakima City Council

City Manager, Cliff Moore

From: Scott Schafer, Director of Public Works

Ken Wilkinson, Parks and Recreation Manager

Subject: Martin Luther King Jr. Park

___________________________________________________________________________________

Martin Luther King Jr. Park was originally named Washington Park. The park was established in 1933.

The park was renamed Martin Luther King Jr. Park in 1984. Martin Luther King Jr. Park is located

south of Washington Middle School at Beech Street and S. 8th Street and is 4.01 acres. The property was

given to the city by Judge William J. and Anna G. Aumiller. The cost of acquiring the property was

$1,595. Of the total, the Aumiller’s received $540.00, which we have not been able to determine why

they received this amount. In 1974, an additional 1 acre was acquired and 2 basketball courts and 2

tennis courts were constructed. The additional funds were to the City of Yakima Treasurer and the

Yakima County Treasurer for taxes. The public swimming pool was closed and removed in 2005 and

the spray park was constructed in 2006.

Annual park maintenance costs - $34,000 per year.

Maintenance costs are comprised of mowing, irrigation, electricity, portable toilet rentals, fertilization

and weed control, repairs and maintenance to the spray park, trash and graffiti removal, vandalism

repair, tree maintenance and water costs for the spray park.

Revenue

Revenue from Martin Luther King Jr. Park is minimal. The addition of a picnic shelter in the future will

result in some revenue.

Park amenities are as follows:

• Water Playground or spray park – 1,800 square feet with 12 play features

• Mature shade trees

• Playground

• Basketball courts

• Security lights

• Tennis courts – now used for soccer and roller derby practice

• Picnic tables, benches, trash receptacles

2

• Sidewalks

Improvements to the park are as follows:

• Construction of 2 basketball courts – 1978

• Construction of 2 tennis courts – 1978

• Construction of small playground - 1997

• Construction of the water playground or spray park – 2006

• Installation of the UIC or drain field for water from spray park – 2013

• Installation of new park sign - 2015

• Demolition of old pool bath house – 2016

Programs

• Park available for community use – e.g. Martin Luther King Jr. Day Celebration, Juneteenth

Celebration – cancelled in 2016 due to weather

Current issues

• Aging playground equipment

• Vandalism and graffiti

• Replacement of the basketball and tennis court surface

Possible future improvements

• Picnic Shelter

• Additional playground

• Restrooms

Current YMC Ordinances Regulating Parks – attached Memo from Sara Watkins provides details

1. Disorderly conduct

2. Fighting in Public

3. Drug and Alcohol regulations

4. Urinating in Public

5. Approaching people and asking for money.

6. Littering

Park Rules – title 13 YMC – Attached Memo from Sara Watkins provides details

• 13.16.015 Pedestrian right-of-way.

• 13.16.080 Trash to be placed in receptacles-Toilets not be defaced.

3

• 13.16.110 Animals prohibited from running at large.

• 13.20.020 Using park with unlawful intent or purpose.

• 13.20.030 Park curfew imposed-Exceptions-Park posting and warning as conditions

precedent to conviction.

Possible Strategies to Address Issues - Attached Memo from Sara Watkins provides details

Aerial photo of Martin Luther King Jr. Park New Park Sign

old pool bath house shown in picture has been removed

CITY OF YAKIMA LEGAL DEPARTMENT 200 South Third Street, 2nd Fl. | Yakima, WA 98901 P: 509.575.6030 | F: 509.575.6160

M E M O R A N D U M

October 4, 2016

TO: Honorable Mayor and Members of the City Council Cliff Moore, City Manager FROM: Sara Watkins, Senior Assistant City Attorney SUBJECT: Current Ordinances Regarding Activities in Parks

The Public Safety Committee and the City Council inquired as to regulations of activities at parks in the City. This memorandum addresses the current regulations on the books that are relevant to the discussion and can be enforced in City parks. The following is a list of ordinances currently in place that are relevant to the issues and activities previously discussed by councilmembers as going on in public parks: 1. Disorderly conduct. The Disorderly Conduct rules are adopted by reference and include only the state statute, which states, in part:

(1) A person is guilty of disorderly conduct if the person:

(a) Uses abusive language and thereby intentionally creates a risk of assault; (b) Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; (c) Intentionally obstructs vehicular or pedestrian traffic without lawful authority…

2. Fighting in Public. Yakima Municipal Code 6.04.070 regulates fighting in any public place, including parks:

It is unlawful for any person to fight or quarrel or to encourage others to fight in any public place in the city of Yakima.

3. Drug and Alcohol regulations. The Yakima Municipal Code adopts by reference the state’s controlled substances regulations. Further, the Code adopts many of the alcohol regulations, including the following:

Memorandum to Honorable Mayor and Members of the City Council Cliff Moore, City Manager October 4, 2016 Page 2

RCW 66.44.100 Opening or consuming liquor in public place—Penalty. Except as permitted by this title, no person shall open the package containing liquor or consume liquor in a public place. Every person who violates any provision of this section shall be guilty of a class 3 civil infraction under chapter 7.80 RCW. RCW 66.44.250 Drinking in public conveyance—Penalty against individual—Restricted application. Every person who drinks any intoxicating liquor in any public conveyance, except in a compartment or place where sold or served under the authority of a license lawfully issued, is guilty of a misdemeanor. With respect to a public conveyance that is commercially chartered for group use and with respect to a for hire vehicle licensed under city, county, or state law, this section applies only to the driver of the vehicle.

Further, alcohol is not allowed in any park in Yakima without a permit under Title 13 of the Yakima Municipal Code. 4. Urinating in Public. Yakima’s code makes urinating and/or defecating in public a crime. This is a hard one for officers to arrest on because there generally has to be an eye witness to the crime to make the charge.

6.55.040 Urinating or defecating in a public place. A. It is unlawful for any person to urinate or defecate in any public place or place open or available to the public, other than in a facility designed or provided for that purpose. B. A violation of this section is a misdemeanor.

5. Approaching people and asking for money. In general, soliciting money from others, or begging, is not able to be regulated due to constitutional matters and a person’s freedom of speech. However, when people aggressively beg or interfere with another’s ability to use the sidewalk or street, those actions can be regulated. Yakima has the following ordinance regarding pedestrian and vehicular interference:

6.75.020 Pedestrian or vehicular interference. A. A person is guilty of pedestrian or vehicular interference if, in a public place in the city of Yakima, he or she intentionally:

1. Obstructs pedestrian or vehicular traffic; or 2. Aggressively begs; or

http://app.leg.wa.gov/RCW/default.aspx?cite=7.80


3. Participates in begging within the perimeter of any city public parking lot or within the area of parking stalls located within the city’s public right-of-way.

B. Among the circumstances to be considered in determining whether a person intends to aggressively beg are whether that person:

1. Touches the person solicited; 2. Follows the person solicited; 3. Directs profane or abusive language toward the person solicited; 4. Uses violent or threatening gestures toward the person solicited; or 5. Persists in begging after the person solicited has given a negative response.

C. The following definitions apply to subsection A of this section: 1. “Obstructs pedestrian or vehicular traffic” means to walk, stand, sit, lie or place an object in such a manner as to block passage by another person or vehicle to such an extent that evasive action is necessary to avoid physical contact. Innocent acts which unintentionally and inadvertently block traffic or cause others to take evasive action; acts authorized as an exercise of one’s constitutional right to picket or to legally protest; and acts authorized by permit issued pursuant to this code shall not constitute an obstruction or interference with pedestrian or vehicular traffic. 2. “Aggressively beg” means to beg with the intent to intimidate another person into giving money or goods. 3. “Intimidate” means to engage in conduct which would make a reasonable person fearful or feel compelled. 4. “Beg” means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. 5. “Public place” means an area generally visible to public view and includes, but is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, and doorways and entrances to buildings or dwellings accessible to the public and the grounds enclosing them. (Ord. 2010-19 § 1, 2010: Ord. 98-3 § 59 (part), 1998).

6. Littering Littering under the Yakima Municipal Code is not a crime. It is punishable as an infraction, much like a traffic ticket for speeding.

6.86.030 Scattering of litter prohibited. No person shall throw, drop, deposit, discard or otherwise dispose of litter on any street, alley, sidewalk or other public place or upon a private residence or other private property not controlled or owned by such person within the city of Yakima, or in any body of water or waterway within the jurisdiction of the city, except:


1. When such property is designated by the state, its authorized agencies or by the city of Yakima for the disposal of litter and solid waste; or 2. Into a litter receptacle or other container in such a manner so that the litter will not be strewn or blown about or otherwise carried away and deposited by the elements upon any public place or private property of another; or 3. When the person disposing of the litter has prior consent of the owner or person in possession of such property and when the litter is deposited in such a manner so as not to cause a public nuisance or to be in violation of any other applicable law or regulation.

6.86.110 Penalty for violation. Any person convicted of violating any provision of this chapter shall be deemed to have committed an infraction. A person who litters shall be ordered to pay a fine of ninety-five dollars.

7. Park rules. Under Title 13, there are park rules that have been established. These ordinances deal specifically with park property, whereas the previous ordinances are enforceable city-wide. A sample of the park rules relevant to the issues at hand are as follows:

13.16.015 Pedestrian right-of-way. (1) At all times and at all locations within any park, pedestrians shall enjoy the right-of-way over any motorized or unmotorized vehicle, bicycle, tricycle, animal, skates, or skateboard. (2) A violation of this section shall constitute a civil infraction for which a monetary penalty may be assessed in the amount of two hundred fifty dollars. Each separate day, or portion thereof, during which any violation occurs shall constitute a separate violation. 13.16.080 Trash to be placed in receptacles-Toilets not be defaced. No papers, boxes, food, litter, trash or material of any kind shall be thrown on the grass, walks or driveways, but the same must be placed in the receptacles provided for that purpose. The comfort stations and toilets shall not be defaced nor improperly used, nor the plumbing thereof obstructed or injured. 13.16.110 Animals prohibited from running at large. Except as provided in YMC 13.16.115, no cattle, horses, dogs or other animals shall be turned into, or allowed to run at large in, any park, playground or parkway, nor shall any dog or other animal be permitted to enter any pool or water of any park. All dogs brought into any park or playground must be held on leash.

http://www.codepublishing.com/WA/Yakima/html/Yakima13/Yakima1316.html#13.16.115


13.16.150 Penalty for violations. It is unlawful for any person to violate or fail to comply with any rule or regulation provided for in this chapter. Unless otherwise specified, any person convicted of violating or of failing to comply with any rule or regulation provided for in this chapter shall be punished by a fine of not more than two hundred fifty dollars or by imprisonment in the city jail facility for a term not to exceed ninety days or by both such fine and imprisonment 13.20.020 Using park with unlawful intent or purpose. It shall be unlawful for any person to enter upon or remain in any public park owned by the city of Yakima with the intent or for the purpose of committing any unlawful act. 13.20.030 Park curfew imposed-Exceptions-Park posting and warning as conditions precedent to conviction. A. It is unlawful for any person to enter upon or remain in any public park owned by the city of Yakima between the hours of ten p.m. and six a.m. of the following day, unless the presence of such person in such park during prohibited hours is authorized by a park use permit issued pursuant to YMC 13.16.100 or otherwise is incidental to an activity or function conducted by or under the auspices of the department of parks and recreation of the city of Yakima. B. No person shall be convicted for violating the curfew imposed by this section unless such violation occurred in a park conspicuously posted with signs warning against entry into or remaining in the park during prohibited hours. C. No person shall be convicted for violating the curfew imposed by this section unless, prior to being arrested, such person had been warned by a police officer of the conditions established by this section. D. The provisions of this chapter do not apply to any duly authorized city employee in the performance of his or her duties. 13.20.040 Penalty for violation. A violation of this chapter is a misdemeanor and is punishable by a fine not to exceed one thousand dollars and by imprisonment for a period not to exceed ninety days.

Other jurisdictions’ park regulations or ordinances. There are many park regulations and ordinances across the country. Below are a few representative ordinances that dictate use of parks and facilities that the Council may consider and have the Legal Department and Parks & Recreation Commission further discuss and study, and my thoughts regarding whether they would work in the City of Yakima.

http://www.codepublishing.com/WA/Yakima/html/Yakima13/Yakima1316.html#13.16.100


1. Everett 9.06.220 Reward for assistance in enforcing chapter. The parks and recreation director may offer, post and pay a suitable reward not exceeding twenty-five dollars for information leading to the arrest and conviction of anyone violating the provisions of this chapter. 9.06.203 Opening or consuming marijuana in a city park-Failure to respond-Failure to comply. A. It is unlawful to open a package containing marijuana, usable marijuana, or a marijuana-infused product, or consume marijuana, usable marijuana, or a marijuana-infused product, in a city park. A person who violates this section is guilty of a civil infraction and shall be penalized in accordance with the penalty schedule for class 3 civil infractions under Chapter 7.80 RCW. B. Any person who, after receiving a statement of the options provided in Chapter 7.80 RCW for responding to the notice of civil infraction and the procedures necessary to exercise these options, fails to exercise one of the options in a timely manner is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction. A notice of civil infraction may be complied with by an appearance by counsel. C. A person who willfully fails to pay a monetary penalty or to perform community restitution as required by a court under this section may be found in contempt of court as provided in Chapter 7.21 RCW. D. The terms “marijuana,” “usable marijuana,” and “marijuana-infused product” shall be defined as set forth in Chapter 10.02.

Encouraging reporting of crimes in parks by offering a minor amount of money may increase

the calls from neighbors regarding illegal activity. However, $25.00 is not a lot of money and

the reward money would have to come out of the parks budget. An incentive program may be

useful, however, if voluntary programs for reporting do not work. It could be a tool in the tool

box to help fight crime at parks.

Marijuana use is currently not allowed in public, but to stress the point that people may not use

parks to smoke marijuana or use marijuana in any way (including marijuana-infused products)

the City Council could add an ordinance provision similar to that found in Everett’s code to

make it clear.

2. New York City, NY

Exclusive Areas Areas within the parks designated by the Commissioner for exclusive use shall include:

1. Exclusive Children’s Playgrounds: Adults allowed in playground areas only when accompanied by a child under the age of twelve (12).

http://www.codepublishing.com/cgi-bin/rcw.pl?cite=7.80



http://www.codepublishing.com/WA/Everett/html/Everett10/Everett1002.html#10.02


2. Exclusive Senior Citizens Areas: Certain areas of any park may be set aside for citizens aged sixty-five (65) and older, for their quiet enjoyment and safety. 3. Dog Runs: Certain fenced park areas may be designated by the Commissioner as dog runs, and persons owning or possessing dogs that are wearing a license tag and vaccinated against rabies pursuant to the laws of the State of New York and City of New York are permitted to allow such animals to remain unleashed in these areas. Users of dog runs shall obey posted rules. Users of such dog runs shall provide proof of current vaccination against rabies and proof of current licensing upon the request of any Police Officer, Urban Park Ranger, Parks Enforcement Patrol Officer or other Department employee or employee of the DOHMH, the refusal of which shall constitute a violation of § 1-03(c), § 1-04(i) and of this paragraph. All exclusive areas will be specifically designated as such and signs will be posted informing the public of this designation.

New York City, and some other major cities, have exclusive children’s playgrounds located within some of their parks. These playgrounds do not allow adults present within the fenced boundaries unless the adult is accompanied with a child under the age of 12. Although this type of ordinance is found in New York, California and Florida, I do not believe that an ordinance will withstand a review by the Washington State Supreme Court. People have a constitutional liberty interest in using public property, including parks. To narrow that use there must be a legitimate public interest to do so. Here, there currently are no facts or evidence that there are problems with adults using children’s play structures or otherwise interfering with children playing in the parks. In my opinion, such an ordinance, if challenged, would be struck down by the courts in the state of Washington.

3. Brookfield, IL

Sec. 38-65. - Misuse of playground equipment prohibited. No person shall in any manner use any of the playground apparatus or devices for other than their intended purpose or misuse any playground apparatus, which by its size and shape is meant exclusively for the use of children. Sec. 38-72. - Interfering with department personnel prohibited. No person shall interfere with or in any manner hinder any employee of the playground and recreation department while engaged in constructing, repairing or caring for any park property.

Brookfield’s Section 38-65 might be a good ordinance to add to the park rules. It does not specify that adults can’t use areas, or equipment, but only states that people cannot use any equipment for a purpose “other than its intended purpose.” Further, it does not allow adults to use playground equipment that is clearly meant for children based on the equipment’s size and shape. Although this does restrict use of some equipment at parks, it only addresses equipment, and only limits use to that for which the equipment is intended (including the intention for smaller sized equipment to be used by children).


Further, something similar to Section 38-72 could be added to the ordinances to make clear that interfering with parks department employees in the course of their duties to clean, maintain and monitor the parks is not allowed and will be punished. According to Ken Wilkinson, there have been issues with park patrons refusing to move off of the grounds to allow the staff to mow or do other maintenance. If an ordinance were passed that specifically stated that such interference was a crime, park employees could call law enforcement and have them forcefully removed from the park (and possibly trespassed for breaking a park rule) if they refused to comply.

4. Prince George County, MD

Section 11. Erecting Structures. Enclosure of any area or erection of any structures on Commission property is prohibited unless authorized by permit.

I provide you this example of an ordinance as it would prohibit creating any structure that enclosed an area of the park off from other users. Thus, any temporary fence, shack, or other structure would not be allowed. I don’t know if this is a problem at the parks, and would defer to Mr. Wilkinson as to whether such an ordinance would be beneficial.

5. Snoqualmie, WA

12.12.045 Adopt-A-Park Program. A. There is hereby authorized and established an Adopt-A-Park Program in the city of Snoqualmie. The purpose of the program shall be to provide the opportunity for organizations to assist in the maintenance, beautification and improvement of the city’s parks, trails and open spaces and to assist in planning and carrying out events through a city-administered volunteer program. B. The director of parks and recreation is hereby authorized to establish and administer reasonable rules and regulations for the administration of the Adopt-A-Park Program, subject to approval of the parks board, which shall at a minimum include the following:

1. Qualifications for participating organizations; 2. Requirements for individual volunteers, including a background check; 3. Safety rules to be observed by all volunteers; 4. Provisions for the release of liability of the city by participating organizations and individual volunteers; 5. Standards for signage recognizing organizations adopting a park; and 6. Standard forms of agreements, releases and other documents required to implement the program, with the approval of the city attorney.

This program in Snoqualmie may help with parks here in Yakima. Many parks have non-profit organizations who have either invested time or money in improvements, or are located nearby, that may be interested in “adopting” the park and helping the City keep it clean and friendly. In many neighborhoods experiencing problems with their parks, residents have gotten together at


meetings and discussed how they can combat bad park behavior as a community, with the support of the parks department and law enforcement. If this is an avenue the Council wishes to explore, staff can find additional examples for the Council to evaluate.



ITEM TITLE: Ordinance amending Chapter 5.79: Transportation NetworkCompanies

SUBMITTED BY: Ryan Bleek, Assistant City AttorneySara Watkins, Senior Assistant City Attorney

SUMMARY EXPLANATION:As requested by the City Council at its November 1, 2016 meeting, attached please find aproposal for amendments to the Transportation Network Companies (TNC) Section of the YakimaMunicipal Code. Many of the proposed amendments are primarily for the purpose of clarity, anddo not represent major substantive changes. However, it should be noted that there are twochanges that may appear substantive. First, under Section 1, the proposal would remove the requirement from 5.79.040 that TNCdrivers certify that they have insurance that meets the requirements of RCW Chapter 48.177. Thereason for this proposal is that RCW 48.177 applies only to the insurance requirements of TNCs,and not to individual drivers. Additionally, 5.79.040 as amended would still require TNC drivers toprovide proof of individual insurance, and 5.79.070 further requires the TNC to maintain insurancethat complies with RCW 48.177. Second, Section 8 of the attached proposal would remove the Penalties section of the TNCOrdinance. This does not mean that someone who violates the Ordinance wouldn’t be subject tosanctions. Instead, like the Taxicabs and Vehicles for Hire Section of the YMC, violators would besubject to Section 5.01.010, which specifies the penalties for violations of all provisions of Title 5of the YMC (except for 5.90—Commute Trip Reduction Program). Under 5.01.010, suchviolations are subject to a civil penalty for a first offense, and can be punished as a misdemeanorfor subsequent violations.

ITEM BUDGETED: NASTRATEGIC PRIORITY: Public Safety

APPROVED FORSUBMITTAL:

City Manager

STAFF RECOMMENDATION:Pass ordinance.


ATTACHMENTS:Description Upload Date TypeOrdinance-Amendments to Ch 5.79; TransportationNetwork Companies-FINAL

11/8/2016 Ordinance

Ordinance-Amendments to Ch 5.79; TransportationNetwork Companies-redline

11/8/2016 Ordinance

1

ORDINANCE NO. 2016-_____ AN ORDINANCE relating to amendments to the Transportation Network Companies

Ordinance of the Yakima Municipal Code.


Section 1. Section 5.79.040—TNC driver requirements—of the Transportation Network Companies Ordinance is hereby amended to read as follows:

5.79.040 TNC driver requirements.

A. TNC drivers shall certify under the penalty of perjury that they have no known physical or mental infirmity which jeopardizes their ability to safely operate as a TNC driver transporting the public.

B. TNC drivers shall be at least twenty-one (21) years of age.

C. TNC drivers shall possess a valid Washington State driver’s license and shall have been continuously licensed as a driver by the State of Washington and/or another state for at least one (1) year immediately prior to operating as a TNC driver in Yakima. A home state Driver’s License with active Military ID or Student ID with proof of full-time enrollment and nonresident status may be an acceptable alternative, subject to review and approval.

D. TNC drivers shall not have been convicted or found to have committed either: 1) any one infraction for negligent driving or 2) three or more moving violations during any twelve (12) month period during the three (3) years prior to operating as a TNC driver in Yakima.

E. TNC drivers shall possess proof of motor vehicle registration and proof of current in-state automobile liability insurance. The TNC shall certify that it maintains insurance coverage for use of the vehicle for transportation of passengers for-hire as required by RCW Chapter 48.177.010 as enacted or subsequently amended.

Section 2. Section 5.79.050—TNC requirements—of the Transportation Network Companies Ordinance is hereby amended to read as follows: 5.79.050 TNC requirements.

A. The TNC or its agent shall maintain accurate and up-to-date records for all TNC drivers accessing its digital network to provide TNC services in the City of Yakima. Said records shall include the driver’s name, age, address, social security number, criminal history, driver’s license, motor vehicle registration, vehicle safety inspection records, and proof of at least the minimum automobile liability insurance coverage required by the State of Washington, including

2

insurance for use of the vehicle for transportation of passengers for-hire as required by RCW Chapter 48.177.010 as enacted or subsequently amended.

B. Prior to permitting a person to act as a TNC driver on its digital network, and annually

thereafter, the TNC shall conduct, or have a third party conduct, a criminal background check

report for such person. The criminal background check shall include a search of no less than seven (7) years of database history, unless prohibited by law, in which case the duration of the search shall be the maximum number of years permitted by law. The criminal background check shall include multi-state/multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation and the U.S. Department of Justice National Sex Offender Public Website. The TNC shall not permit a person to act as a TNC Driver on its Digital Network who is a match in the U.S. Department of Justice National Sex Offender Public Website, is considered a habitual traffic offender under RCW 46.65, or who has a criminal conviction, within the past seven (7) years, of any violent offense defined by RCW 9.94A.030(55), any serious violent offense defined by RCW 9.94A.030(46), any most serious offense defined by RCW 9.94A.030(33), any sexual offense defined by RCW 9.94A.030(47), cyberstalking under RCW 9.61.260, harassment under RCW 9A.46.020, stalking under RCW 9A.46.110, any offense under RCW 9A.36, or a driving under the influence, reckless driving, hit and run, or any other driving-related crime within RCW 46.61.500-.540. The TNC or its agents shall maintain records of such criminal background checks for a period of two (2) years. For purposes of this section, the term “criminal conviction” includes a “conviction or other disposition adverse to the subject” as defined under RCW 10.97.030, and bail forfeitures.

C. Paragraph (B) shall apply regarding a conviction of any offense committed in another jurisdiction that includes all of the elements of any of the offenses described or defined in that paragraph.

D. The TNC shall only permit an individual to act as a TNC driver on its digital network if it finds that the standards set forth in this section and section 5.79.040 are met by such individual. The TNC shall revoke a driver’s authority to act as a TNC driver on its digital network if the standards set forth in this section and section 5.79.040 are not met.

Section 3. Section 5.79.070—Insurance requirements—of the Transportation Network Companies Ordinance is hereby amended to read as follows: 5.79.070 Insurance requirements.

The TNC and TNC driver shall comply with the automobile liability insurance requirements set forth in this chapter and as contained in RCW Chapter 48.177.010 as enacted or subsequently amended.

Section 4. Section 5.79.090—Audit—of the Transportation Network Companies

Ordinance is hereby amended to read as follows:

5.79.090 Audit.

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A. No more than once per license year, Administration may audit the TNC’s records to review compliance with this chapter. Each audit shall be limited to all relevant records required by this chapter relating to no more than twenty randomly selected TNC drivers operating in the City of Yakima. In the event the audit reveals discrepancies in the records reviewed, Administration reserves the right to audit other records related to the specific investigation. Any record furnished may exclude information that would tend to identify specific drivers or riders beyond their first and last names.

B. The audit shall occur at City Hall, 129 North Second Street, Yakima, WA 98901; provided that the City may in its discretion agree to an alternative location.

C. Notwithstanding the foregoing, the City may require the TNC to produce records directly

related to an active investigation or to investigate a specific allegation of a violation regarding compliance with this chapter

Section 5. Section 5.79.100—Operational requirements—of the Transportation Network Companies Ordinance is hereby amended to read as follows:

5.79.100 Operational requirements.

A. TNC drivers shall accept only rides arranged through a TNC’s digital network and shall not solicit or accept street hails.

B. The TNC’s application or website shall display for the passenger the first name and photograph of the TNC driver as well as the make, model, and license plate number of the TNC vehicle.

C. The TNC’s application or website shall display for the passenger the applicable rates being charged or fare to be paid and the option to receive an estimated fare before the passenger enters the TNC vehicle.

D. The TNC shall implement a zero tolerance policy on the use of drugs or alcohol applicable to any TNC driver on its digital network. The TNC shall provide notice of the zero tolerance policy on its website, as well as the procedures to report a complaint about a driver with whom the passenger was matched and for whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the ride. The TNC shall suspend a driver as soon as possible upon receipt of a passenger complaint alleging a violation of the zero tolerance policy. The suspension shall last the duration of the investigation.

E. A TNC driver shall not operate as a TNC driver in the City of Yakima unless his or her TNC vehicle equipment, including, but not limited to lights, brakes, tires, steering, seat belts, are in proper working order, and only when the TNC vehicle has a seatbelt for each passenger and is in a sanitary and safe condition for the transportation of passengers.

F. No TNC driver shall allow any nonpaying passenger, except nonpaying passengers accompanied by an adult paying passenger, to ride in a TNC vehicle occupied by any paying

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passenger, nor shall the driver pick up any additional passengers in a TNC vehicle occupied by a paying passenger without the express consent of the paying passengers.

G. No TNC driver shall allow any third-party to operate his or her TNC vehicle while the TNC driver is logged into the network of his or her affiliated TNC.

H. No TNC driver shall discriminate against passengers or potential passengers on the basis of race, color, national origin or ancestry, religious belief or affiliation, sex, disability, age, sexual orientation, marital status, gender identity, familial status or honorably discharged veteran or military service.

Section 6. Section 5.79.110—Revocation, suspension, or denial of TNC license—of the Transportation Network Companies Ordinance is hereby amended to read as follows:

5.79.110 Revocation, suspension, or denial of TNC license.

A. A TNC license may be revoked or suspended by the City Manager for any of the following reasons:

1. Failure to meet or maintain any of the requirements or qualifications set forth in this chapter for obtaining a TNC license.

2. A materially false statement contained in the application for the license.

3. Any violation of this chapter by the TNC.

Any applicant who feels aggrieved by the revocation or suspension of a license by the City Manager may appeal that revocation to the city council by serving on the Yakima city clerk a notice of such appeal within five business days of the date of the revocation from which the appeal is taken, which notice shall be in writing and shall specify all the grounds relied upon by the appellant as reasons for the reissuance of the license which was revoked or suspended. After the timely filing of such a notice, the city clerk shall set a time and place for a hearing thereon by the city council, after which hearing the city council shall make a final determination on the matter. The city council may add conditions if the final determination is to reissue the license.

B. A TNC license may be denied for any of the following reasons:



3. Any violation of this chapter of obligations by the TNC.

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4. Any failure to provide requested information to evaluate a license or failure to provide documents pursuant to the Audit provisions of the Chapter.

Any applicant who feels aggrieved by the denial of a license by the Administration may appeal that denial to the city council by serving on the Yakima city clerk a notice of such appeal within five business days of the date of the denial from which the appeal is taken, which notice shall be in writing and shall specify all the grounds relied upon by the appellant as reasons for the issuance of the license which was denied. After the timely filing of such a notice, the city clerk shall set a time and place for a hearing thereon by the city council, after which hearing the city council shall make a final determination on the matter. The city council may add conditions if the final determination is to issue the license.

C. Any decision of the city council made under subsections (A) or (B) of this section may be appealed to the Yakima County Superior Court within twenty (20) calendar days of the city council’s final decision.

Section 7. Section 5.79.120—TNC driver reporting requirements—of the Transportation Network Companies Ordinance is hereby amended to read as follows:

5.79.120 TNC driver reporting requirements.

Every TNC driver shall report to his or her affiliated TNC within forty-eight (48) hours, the occurrence of any of the following:

A. Any arrest, charge or conviction of the TNC driver for any criminal offense, or commitment of a criminal law violation that occurs during, or arises out of the TNC driver’s operation of the TNC vehicle.

B. Any arrest, charge or conviction of any offense listed in Section 5.79.050. C. Any vehicle accident required to be reported to the State of Washington that occurs

while the TNC driver is operating as a TNC driver in the City of Yakima. D. Any restriction, suspension or revocation of the TNC driver’s license to drive,

insurance, or registration of the vehicle. E. Any changes in health or medical condition of the TNC driver that might cause the

TNC driver to be unfit for the safe operation of any TNC vehicle.

Section 8. Repealer. Section 5.79.140—Penalties—of the Transportation Network Companies Ordinance is hereby REPEALED.

Section 9. Effective Date. 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.

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ATTEST: Kathy Coffey, Mayor


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ORDINANCE NO. 2016-_____ AN ORDINANCE relating to amendments to the Transportation Network Companies

Ordinance of the Yakima Municipal Code.


Section 1. Section 5.79.040—TNC driver requirements—of the Transportation Network Companies Ordinance is hereby amended to read as follows:

5.79.040 TNC driver requirements.

A. TNC drivers shall certify under the penalty of perjury that they have no known physical or mental infirmity which jeopardizes their ability to safely operate as a TNC driver transporting the public.

B. TNC drivers shall be at least twenty-one (21) years of age.

C. TNC drivers shall possess a valid Washington State driver’s license and shall have been continuously licensed as a driver by the State of Washington and/or another state for at least onethree (13) years immediately prior to operating as a TNC driver in Yakima. A home state Driver’s License with active Military ID or Student ID with proof of full-time enrollment and nonresident status may be an acceptable alternative, subject to review and approval.

D. TNC drivers shall certify that they have insurance that meets the minimum liability requirements for the State of Washington, including insurance coverage for use of the vehicle for transportation of passenger for-hire as required by RCW Chapter 48.177 as enacted or subsequently amended.

ED. TNC drivers shall not have been convicted or found to have committed either: 1) any one infraction for negligent driving or 2) three or more moving violations during any twelve (12) month period during the three (3) years prior to operating as a TNC driver in Yakima.

FE. TNC drivers shall possess proof of motor vehicle registration and proof of current in-state automobile liability insurance. The TNC shall certify that it maintains all drivers have insurance that meets the requirements of this chapter, including insurance coverage for use of the vehicle for transportation of passengers for-hire as required by RCW Chapter 48.177.01048.177 as enacted or subsequently amended.

Section 2. Section 5.79.050—TNC requirements—of the Transportation Network Companies Ordinance is hereby amended to read as follows: 5.79.050 TNC requirements.

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A. The TNC or its agent shall maintain accurate and up-to-date records for all TNC drivers accessing its digital network to provide TNC services in the City of Yakima. Said records shall include the driver’s name, age, address, social security number, criminal history, driver’s license, motor vehicle registration, vehicle safety inspection records, and proof of at least the minimum automobile liability insurance coverage required by the State of Washington, including insurance for use of the vehicle for transportation of passengers for-hire as required by RCW Chapter 48.177.01048.177 as enacted or subsequently amended.

B. Prior to permitting a person to act as a TNC driver on its digital network, and annually

thereafter, the TNC shall conduct, or have a third party conduct,obtain and review a criminal

background check report for such person. The criminal background check shall include a search of no less than seven (7) years of database history, unless prohibited by law, in which case the duration of the search shall be the maximum number of years permitted by law. The criminal background check shall include multi-state/multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation local, state, and national criminal history databases and the U.S. Department of Justice National Sex Offender Public Websitenational and state sex offender registries. The TNC shall not permit a person to act as a TNC Driver on its Digital Network who Any person who is on a match in the U.S. Department of Justice National Sex Offender Public Websitepublicly-accessible national sex offender registry, is considered a habitual traffic offender under RCW 46.65, or who has a criminal conviction, within the past seven (7) years, off any violent offense defined by RCW 9.94A.030(55), any serious violent offense defined by RCW 9.94A.030(4633), any most serious offense defined by RCW 9.94A.030(33), any sexual offense defined by RCW 9.94A.030(47), cyberstalking under RCW 9.61.260, harassment under RCW 9A.46.020, stalking under RCW 9A.46.110, any offense under RCW 9A.36, or a driving under the influence, reckless driving, hit and run, or any other driving-related crime within RCW 46.61.500-.540. crimes involving driving under the influence of alcohol or controlled substances, felony fraud, sexual offenses, felony property damage or theft, acts of violence, acts of harassment or stalking, reckless driving or negligent driving, or use of a motor vehicle to commit a felony, shall not be permitted to act as a TNC driver on the TNC’s digital network. The TNC or its agents shall maintain records of such criminal background checks for a period of two (2) years. For purposes of this section, the term “criminal conviction” includes a “conviction or other disposition adverse to the subject” as defined under RCW 10.97.030 , and bail forfeitures.

C. Paragraph (B) shall apply regarding a conviction of any offense committed in another jurisdiction that includes all of the elements of any of the offenses described or defined in that paragraph.

DC. The TNC shall only permit an individual to act as a TNC driver on its digital network if it finds that the standards set forth in this section and section 5.79.040 are met by such individual. The TNC shall revoke a driver’s authority to act as a TNC driver on its digital network if the standards set forth in this section and section 5.79.040 are not met.

Section 3. Section 5.79.070—Insurance requirements—of the Transportation Network Companies Ordinance is hereby amended to read as follows:

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5.79.070 Insurance requirements.

A. The TNC and TNC driver shall comply with the automobile liability insurance requirements set forth in this chapter and as contained in RCW Chapter

48.177.01048.177Washington Laws of 2015, Chapter 236, Sections 1 and 2, as enacted or subsequently amended.

Section 4. Section 5.79.090—Audit—of the Transportation Network Companies

Ordinance is hereby amended to read as follows:

5.79.090 Audit.

A. No more than oncetwice per license year, Administration may audit the TNC’s records to review compliance with this chapter. Each audit shall be limited to all relevant records required by this chapter relating to no more than twenty randomly selected TNC drivers operating in the City of Yakima. In the event the audit reveals discrepancies in the records reviewed, Administration reserves the right to audit otherall of the TNC’s records related to the specific investigationTNC drivers operating in the City of Yakima. Any record furnished may exclude information that would tend to identify specific drivers or riders beyond their first and last names.

B. The audit shall occur at City Hall, 129 North Second Street, Yakima, WA 98901; provided that the City may in its discretion agree to an alternative location.

C. Notwithstanding the foregoing, the City may require the TNC to produce records at any

time directly related to an active investigation or to investigate a specific allegation of a violation

regarding compliance with this chapterto investigate a specific complaint regarding compliance with this chapter.

Section 5. Section 5.79.100—Operational requirements—of the Transportation Network Companies Ordinance is hereby amended to read as follows:

5.79.100 Operational requirements.

A. TNC drivers shall accept only rides arranged through a TNC’s digital network and shall not solicit or accept street hails.

B. The TNC’s software application or website shall display for the passenger the first name and photograph of the TNC driver as well as the make, model, and license plate number of the TNC vehicle.

C. The TNC’s software application or website shall display for the passenger the applicable rates being charged or fare to be paid and the option to receive an estimated fare before the passenger enters the TNC vehicle.

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D. The TNC shall implement a zero tolerance policy on the use of drugs or alcohol applicable to any TNC driver on its digital network. The TNC shall provide notice of the zero tolerance policy on its website, as well as the procedures to report a complaint about a driver with whom the passenger was matched and for whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the ride. The TNC shall immediately suspend a driver as soon as possible upon receipt of a passenger complaint alleging a violation of the zero tolerance policy. The suspension shall last the duration of the investigation.

E. A TNC driver shall not operate as a TNC driver in the City of Yakima unless his or her TNC vehicle equipment, including, but not limited to lights, brakes, tires, steering, seat belts, are in proper working order, and only when the TNC vehicle has a seatbelt for each passenger and is in a sanitary and safe condition for the transportation of passengers.

F. No TNC driver shall allow any nonpaying passenger, except a nonpaying children/passengers accompanied by an adult paying passenger, to ride in a TNC vehicle occupied by any paying passenger, nor shall theshall the driver to pick up any additional passengers, or passengers in a TNC vehicle occupied by a paying passenger without the express consent of the payingoriginal passengers.

G. No TNC driver shall allow any third-party to operate his or her TNC vehicle while the TNC driver is logged into the network of his or her affiliated TNC.

H. No TNC driver shall discriminate against passengers or potential passengers on the basis of race, color, national origin or ancestry, religious belief or affiliation, sex, disability, age, sexual orientation, marital status, gender identity, familial status or honorably discharged veteran or military service.

Section 6. Section 5.79.110—Revocation, suspension, or denial of TNC license—of the Transportation Network Companies Ordinance is hereby amended to read as follows:

5.79.110 Revocation, suspension, or denial of TNC license.

A. A TNC license may be revoked or suspended by the City Manager for any of the following reasons:



3. Any violation of this chapter by the TNC.

Any applicant who feels aggrieved by the revocation or suspension of a license by the City Manager may appeal that revocation to the city council by serving on the Yakima city clerk a notice of such appeal within five business days of the date of the revocation from which the appeal is taken, which notice shall be in writing and shall specify all the grounds relied upon by

5

the appellant as reasons for the reissuance of the license which was revoked or suspended. After the timely filing of such a notice, the city clerk shall set a time and place for a hearing thereon by the city council, after which hearing the city council shall make a final determination on the matter. The city council may add conditions if the final determination is to reissue the license.

B. A TNC license may be denied for any of the following reasons:



3. Any violation of this chapter of obligations by the TNC.

4. Any failure to provide requested information to evaluate a license or failure to provide documents pursuant to the Audit provisions of the Chapter.

Any applicant who feels aggrieved by the denial of a license by the Administration may appeal that denial to the city council by serving on the Yakima city clerk a notice of such appeal within five business days of the date of the denial from which the appeal is taken, which notice shall be in writing and shall specify all the grounds relied upon by the appellant as reasons for the issuance of the license which was denied. After the timely filing of such a notice, the city clerk shall set a time and place for a hearing thereon by the city council, after which hearing the city council shall make a final determination on the matter. The city council may add conditions if the final determination is to issue the license.

C. Any decision of the city council made under subsections (A) or (B) of this section may be appealed to the Yakima County Superior Court within twenty (20) calendar days of the city council’s final decision.

Section 7. Section 5.79.120—TNC driver reporting requirements—of the Transportation Network Companies Ordinance is hereby amended to read as follows:

5.79.120 TNC driver reporting requirements.

Every TNC driver shall report to the Administration and his or her affiliated TNC within forty-eight (48) hours, the occurrence of any of the following:

A. Any arrest, charge or conviction of the TNC driver for any criminal offense, or commitment of a criminal law violation that occurs during, or arises out of the TNC driver’s operation of the TNC vehicle.

B. Any arrest, charge or conviction of any offense listed in Section 5.79.050. C. Any vehicle accident required to be reported to the State of Washington that occurs

while the TNC driver is operating as a TNC driver in the City of Yakima.

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D. Any restriction, suspension or revocation of the TNC driver’s license to drive, insurance, or registration of the vehicle.

E. Any changes in health or medical condition of the TNC driver that might cause the TNC driver to be unfit for the safe operation of any TNC vehicle.

Section 8. Repealer. Section 5.79.140—Penalties—of the Transportation Network

Companies Ordinance is hereby REPEALED.

Section 9. Effective Date. 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.

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ATTEST: Kathy Coffey, Mayor




ITEM TITLE: Letter from Plaza Committee to CouncilSUBMITTED BY: Cliff Moore, City Manager

SUMMARY EXPLANATION:See attached.




ATTACHMENTS:Description Upload Date Typeletter 11/14/2016 Cover Memo



ITEM TITLE: Council General InformationSUBMITTED BY: Sonya Claar Tee, City Clerk

SUMMARY EXPLANATION:1. Letter from One America regarding equity assessment2. Preliminary Council Agenda3. City Meeting Schedule4. Preliminary Future Activities Calendar





ATTACHMENTS:Description Upload Date Typeinfo 11/4/2016 Cover Memo

info 11/9/2016 Cover Memo

discussion. a citizen or council member may request to

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