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HomeMy WebLinkAbout2002-004 Capital Improvements / Facilities Committee ORDINANCE NO. 2002- 04 AN ORDINANCE establishing a capital improvements /facilities committee to serve in an advisory capacity to the city council concerning planning, development and financing of city capital improvements and facilities; and adding a new chapter, Chapter 1.38, "Capital Improvements /Facilities Committee," and adding new sections, Sections 1.38.010, 1.38.020, 1.38.030, 1.38.040, 1.38.050 and 1.38.060, all of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 1.38 and Sections 1.38.010, 1.38.020, 1.38.030, 1.38.040, 1.38.050 and 1.38.060 are hereby enacted as a new chapter and new sections of the City of Yakima Municipal Code to read as follows: "1.38.010. Capital improvements /facilities committee created. A capital improvements /facilities committee is hereby created as an advisory body to make recommendations to the city council concerning planning, development, and financing of city capital improvements and facilities. 1.38.020. Appointment, term and removal of members. A. The capital improvements /facilities committee shall consist of eleven regular members appointed by the city council and who shall serve without compensation. To the extent possible, considering such things as availability and expertise, regular member appointments shall be limited to individuals who reside within the city limits of Yakima. B. In addition to the regular members, the city manager and /or his designee shall be an ex officio member of the committee. The city council may also appoint such ex officio members as the council deems necessary. Ex officio members shall act in an advisory capacity to the committee and may not vote on recommendations made by the committee, or on other items of committee business. (Ikk'rd /cap tal improvement facilitie> comrruttee 1 -11M2 .pm C. The term of office of each member, other than ex officio members, is for four years unless that tenure expires by reason of death, resignation, inability to serve or by removal by the city council; provided, however, that original appointments shall be made so that three members are appointed for four years, three members for three years, three members for two years, and two members for one year. Any vacancy in the membership of the committee shall be filled for the unexpired term in the same manner as the original appointment. D. Any regular or ex officio member of the committee may be removed from the committee at any time for any reason by the city council. 1.38.030. Appointment of chairperson, vice - chairperson, and secretary. At the first meeting of the committee after January 1st of each year, the members of the committee shall appoint one of their number as the chairperson, one as vice - chairperson, and one as secretary, which persons shall hold office for one year and until their successors are appointed. 1.38.040. Meetings. _ . A. The committee shall hold at least one regular meeting during every three calendar month period at a regular time and place to be designated by vote of a majority of the committee. Special meetings may be held at any time as called for by the chairman, or vice - chairman in the chairman's absence, or by any three members requesting a special meeting. Minutes of each meeting shall be kept by the secretary and sent to the city manager and city council. All committee meetings shall be open to the public unless the subject under consideration would be a proper subject for executive session under the Open • Public Meetings Act (RCW Chapter 42.30). 1.38.050. Functions and duties. The capital improvements /facilities committee shall serve in an advisory capacity to the city council. Specifically, the committee shall have the following advisory functions and duties: A. To make recommendations concerning planning and development of city capital improvements and facilities. (Ik)ord /capital improvement facilities committee 1- 10-02 pm B. To review and make recommendations regarding the financing and budgeting for the planning, development, and construction of city capital improvements and facilities. C. . To serve as a liaison between citizens and the city council on any matters related to the planning, development and financing of city capital improvements and facilities. D. To conduct and prepare surveys, analyses, studies and reports related to the planning, development and financing of city capital improvements and facilities as requested or directed by city council. E. To make recommendations on any other matters related to city capital improvements and facilities as directed by the city council. 1.38.060 Staff assistance. The staff of various departments of the city, as assigned by the city manager, shall provide staff assistance and shall also serve to facilitate communications by the committee to the city council. 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 15 th day of January, 2002. / ATTEST: Place, Mayor City Clerk Publication Date: 1 - 18 - 2002 Effective Date: 2 -17 -2002 • (Ikkrd /capital improvement facilities committee 1-10-02 .pm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. * + 3 For Meeting of January 15, 2002 ITEM TITLE: An ordinance relating to the establishment of a "Capital Improvements /Facilities Committee" (new YMC Chapter 1.38), and an ordinance repealing YMC Chapter 1.90 (law that authorized the Utility Rate Advisory Board). SUBMITTED BY: Dick Zais, City Manager Glenn Rice, Assistant City Manager CONTACT PERSON/TELEPHONE: Dick Zais, City Manager, 575 -6040 Glenn Rice, Assistant City Manager, 575 -6040 SUMMARY EXPLANATION: Pursuant to Council direction, during the 2002 Budget process in December, the first attached ordinance establishes new YMC Chapter 1.38 and authorizes creation of a Capital Improvements /Facilities Committee to act in an advisory capacity to the City Council concerning planning, development, and financing of City capital improvements and facilities. It is proposed that the committee consist of eleven members who are City residents, appointed by the City Council, with ex- officio members from the City Council and City Management. The Committee shall hold at least one meeting every three months to review issues and prepare recommendations regarding planning, development, and financing of City capital improvements and facilities. As a housekeeping measure, a second ordinance is also proposed that repeals YMC Chapter 1.90, which originally established the Utility Rate Advisory Board. No one is currently serving on the Board and the Board has not operated in a functioning capacity for many years. However, under YMC Chapter 1.90, the Board is authorized to advise the City Council concerning planning, development, and financing of capital improvements of the utilities owned by the City. This function would likely be in conflict with the duties of the new Capital Improvements /Facilities Committee. The repeal of YMC Chapter 1.90 is intended to avoid this potential conflict and to recognize the reality that the Board is no longer operational. Resolution Ordinance X Other (Specify) Contract Mail to (name and address): Funding Source APPROVED FOR SUBMITTAL: 7-- '(' City Manager STAFF RECOMMENDATION: Pass both ordinances BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2002-04 Ordinance passed. ORDINANCE NO. 2002 -05 -- r 4 ERE December 28, 2001 i VI , OF WASHINGTON - - .' :200 5th Avenue . Suite 3300 Mr. Paul McMurray Seattle, `'A /A 98101 -1159 Assistant City Attorney of Yakima _ Phone 206/625 -2300 " ' F 200 S. C� a L L EP Fax 206/625-1220 y E -mail: urrsci?'mrscorg Yakima WA 98901 Web: zv■uarnrsc.org Richard Yukubousku Dear Paul: • Executive Director Administration Recently we discussed an issue concerning a citizen's a dvisory committee that the city Robb Ashton i may establish to assist with developing the capital impr program for Yakima. Adn tnistra:zve Assistant This group would study possible capital projects and assist with recommendations for Marcie I<lobucher eonController I prioritizing these projects. As a part of their responsibility, the committee would identify Holly Martin j possible funding sources for these projects. One funding source could be issuance of Desktop P ubltshing Spcnaiist municipal bonds or other funding alternatives that might require voter approval in an Donita Mowers election. Executive Assistant Sandra Von; Aecountat :t The issue we discussed is_ whether the work of this committee could-potentially violate the provisions of RCW 42.17.130. As you are aware, this statute prohibits a city from Consultants �' Ron Bartels allowing any of its facilities- to be utilized to oppose or promote a ballot proposition. As I Public Policy & Management indicated, in my opinion this prohibition would not affect the ability of the committee to J °irn carpita meet and discuss potential capital projects or funding options for these projects, even if Public Works Judith Cox some funding options would- involve a vote of the people. This:would include the ability Public Finance tamake recommendations on funding options. At this preliminary stage, there is no Lynne De:Vlerritt ballot proposition being considered and so there is no violation of RCW 42.17:130. The Senior Researcir'Consultant Jim Doherty type of study and deliberations that would be the responsibility of the committee can be ' Legal considered part of the normal and regular conduct of an agency in evaluating and making Connie Elliot policy decisions. Research Assocrat_e Sue Enger Planning There is at least one opinion from the Office of the Attorney General that supports this Pam Jaynes conclusion, AGO 1994 No. 20. This opinion involves a board of freeholders'elected to Legal Consultant Byron Katsuyama I draft and present a proposed city- county.charter to the voters. The opinion concludes that Public Policy Consultant this board may utilize public funds to do the preliminary work needed to prepare the Pat Mason charter, including soliciting and recording public opinion, drafting, deliberating, selecting Legal Bob rVf ai options and submitting the charter to the county. These functions would be part the Legal normal and regular conduct of the agency in preparing- a charter proposal for Paul Sullivan consideration by the voters and so would not violate RCW.42.17.130. This reasoning Legal would also seem to apply to preliminary work done by 'a committee in consideration of Thomas D. Sutberry ' Public Policy & Finance capital improvement projects, even if this might involve at some point a recommendation Carol Tobin to submit a funding option to the voters. Public Policy Library We also discussed at what point in the process the provisions of RCW 42.17.130 would- Tim Davis become an issue. There is a definition of the term "ballot proposition" in RCW Information Svcs. Technician 42.17.020(3). However, this definition focuses on ballot propositions which are initiated Julie xersz,m by petition of the proposition Library Assistant , y P people and indicates that it is an- official ballot ro osition from and . Sarah Sodt j after the time when the proposition has been initially filed with - the appropriate elections • Lrinary Clerk officer prior to its circulation for signatures. This process does not apply to a city- Nicole Shyer . Library Assist nt initiated ballot proposition for voter approval of a bond measure. Fred Ward JVigr of Library & into. Svcs Erica Zwick Ter•hnual Services Librarian Mr. Paul McMurray_ Page 2 In my opinion, it would seem reasonable that the ballot proposition becomes official from and after the time that the legislative body passes a formal resolution of intention for submittal to the county auditor requesting that the issue be placed on the ballot at an upcoming election. This must occur at least 45 days prior to the proposed election date. After that point, it would seem that the city could not expend any funds to support or oppose the ballot proposition except as authorized by RCW 42.17.130. I hope this opinion is of assistance to you. Sincerely. Patrick Mason Senior Legal Consultant • • •