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Home My WebLink About02/01/2011 09 Petition for City Charter Amendment RE: Electoral Districts Changes - for August 16, 2011 Primary Election BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ' Item No. For Meeting Of February 1, 2011 ITEM TITLE: Council consideration of a resolution acknowledging receipt of a citizen petition to amend the City Charter regarding electoral districts, stating the ballot proposition, and referring to the County Auditor for placement on the ballot for vote at next regular municipal election, set for August 16, 2011 (Primary Election). SUBMITTED BY: Jeff Cutter, City Attorney CONTACT PERSON/TELEPHONE: Jeff Cutter - 575 -6030 SUMMARY EXPLANATION: The City of Yakima received a citizen's petition to amend Article II of the Charter regarding electoral districting. The proposed amendment would abolish the current electoral districts; establish seven districts; provide that each council member would be elected by the voters within each district; provide that no council member can serve more than ten consecutive years; provide for a temporary districting commission; and other provisions 41. relating to terms of council members elected in the 2011 election if the amendment is approved and applicable to the 2011 election. State statutes provide that a citizen's petition can be placed on the ballot at the next scheduled regular municipal election. The Yakima County Auditor's Office has requested a resolution from the City to facilitate the petition's placement on the next regular municipal election ballot. The proposed resolution requests placement of the proposition on the ballot of the next regular municipal election, August 16, 2011 (Primary Election). Resolution X Ordinance Other(Specify) Petition request Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: ,. Acting City Manager STAFF REC O . MMENDATION:_ Adopt_Resolution BOARD /COMMISSION /COMMITTEE RECOMMENDATION: COUNCIL ACTION: RESOLUTION NO. R -2011- A RESOLUTION of the City Council of the City of Yakima, Washington acknowledging submission of citizen petition to amend the Charter of the City of Yakima by a Proposition on whether Article 11 of the Charter of the City of Yakima should be amended to abandon and abolish the current districting for election of council members, consisting of four districts and three at large positions, and to adopt districting for election of council members consisting of seven districts; providing for temporary districting commission; providing that each council member shall be elected by the electorate of his or her respective district; providing that each council member elected from such district may serve a maximum of ten consecutive years, and that for the 2011 election only, council members elected from even - numbered districts shall be elected for a two year term, with subsequent terms being four year terms; making ancillary and corrective amendments within Article 11 of the Charter; authorizing ballot title; and requesting the Yakima County Auditor to submit the Proposition to the voters on the regular municipal • election to be held August 16, 2011. ' WHEREAS, Chapter 35.22 of the Revised Code of Washington (RCW) authorizes first class cities of the State of Washington to amend and revise their charters upon approval by a majority of the qualified voters of the city voting in a general or special election called for that purpose; and ID WHEREAS, pursuant to Article XIII of the Charter of the City of Yakima, an amendment o f the charter may be initiated by a petition signed by at least five hundred (500) qualified voters of the City of Yakima; and WHEREAS, the City Council has received a petition signed by the requisite number of qualified voters of the City of Yakima calling for an election to submit a proposition to the voters of the City of Yakima for consideration of an amendment of Article 11 of the Charter, to wit: (a) abolish and abandon the current districting for election of council members, consisting of four districts and three at large positions; (b) adopt districting for the election of council members consisting of seven districts; (c) providing for the appointment of a temporary districting commission to recommend the boundaries of the seven districts; (d) providing that each council member shall be elected by the electorate of his or her respective district; (e) providing that each council member elected from such district may serve a maximum of ten (10) consecutive years, and that for the 2011 election only, council members elected from even - numbered districts shall be elected for a two year term, with subsequent terms being four year terms; and (f) making ancillary and corrective amendments within Article 11 of the Charter, all as set forth in the proposed amended Article 11 of the Charter attached hereto as Exhibit "A; "; and WHEREAS, the City Council, for the purposes of processing such petition, finds that such petition should be forwarded to the Yakima County Auditor to "be submitted to the voters at the next regular municipal election occurring thirty days or more after said petition is filed ", as provided in RCW 35.22.120: the next regular municipal election is presently set to occur on August 16, 2011; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The petition presenting the proposed amendment to Article 11 of the Charter of the Ili City of Yakima is received, and the City Council finds and determines that it is signed by the requisite number of qualified voters of the City of Yakima as required by Article XIII of said Charter. 1 2. The proposition to be submitted at the next regular municipal election shall be in the 111) form of a ballot title as follows: PROPOSITION NO. 1 ADOPTION OF AMENDMENT TO THE CHARTER OF THE CITY OF YAKIMA TO ABANDON AND ABOLISH THE CURRENT DISTRICTING FOR ELECTION OF COUNCIL MEMBERS AND TO CREATE SEVEN DISTRICTS FOR ELECTION OF COUNCIL MEMBERS WITHIN THE CITY OF YAKIMA, AND TO MAKE FURTHER ANCILLARY AND CORRECTIVE AMENDMENTS THERETO PROPOSITION NO. 1 concerns an amendment of the City of Yakima Charter. This measure would amend Charter Article II to abandon and abolish the current districting for election of council members, consisting of four districts and three at -large positions, and adopting districting for election of council members consisting of seven districts; providing that each council member shall be elected by the voters of his or her district; establishing a temporary districting commission; providing that each council member may serve a maximum of ten consecutive years, and that for the election in 2011 only, council members elected from even - numbered districts shall be elected for a two year term, with subsequent terms being four year terms. Adoption of the proposition will also make ancillary and corrective amendments throughout Article II of the Charter. Should this proposition be approved? - YES NO [_] 0 3. The City Clerk is authorized and directed to file a certified copy of this resolution with the Yakima County Auditor. 4. The Yakima County Auditor is requested to place the proposition above on the ballot for the next regular municipal election to be held August 16, 2011 in the City of Yakima, for the purpose of submitting to the qualified voters of the City of Yakima the proposition set forth in Section 2 above. 5. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. ADOPTED BY THE CITY COUNCIL this 1 day of February, 2011. • Micah Cawley, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Jeff Cutter, City Attorney OD 2 RECEIVED Z1II0. _DEC °;16 Pit 291 Yakima County Elections Division �� YAKIMA CITY CLERK - spa 9.,�- Petition Certificate of Sufficiency _ I, CORKY MATTINGLY, Auditor, Yakima County, Washington, hereby certify that the petition entitled Yakima Voters for Accountability regarding a proposed charter amendment to provide for all city council positions to be elected by district contained 514 valid signatures of registered voters within the City of Yakima. In accordance with the City Charter for the City of Yakima, ARTICLE XIII entitled ID Amendments, SECTION 1, the etition is required to be sine p q signed by 500 qualified voters. The number of valid signatures exceeds this requirement. DATED this 16th day of December, 2010 OV Q__ 1 A 1 COR ,., s — LY, Ya'ima Coun Wirt and Ex- officio, Supervisor of Elections Yakima County, Washington 11111