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HomeMy WebLinkAboutR-2011-024 Petition for City Charter Amendment RE: Electoral Districts Changes - for August 16, 2011 Primary ElectionRESOLUTION NO. R-2011-24 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 II 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 II 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 WHEREAS, pursuant to Article XIII of the Charter of the City of Yakima, an amendment of 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 II 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 II of the Charter, all as set forth in the proposed amended Article II 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 II of the Charter of the 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 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 11 of the Charter. Should this proposition be approved? YES NO [_ 1 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 1st day of February011. City Clerk APPROVED AS TO FORM: Wuttd,ft,4Attorney 2 1-11 Micah Cawley, Klayor 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 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 RECOMMENDATION:._Adopt_Resolution BOARD/COMMISSION/COMMITTEE RECOMMENDATION: COUNCIL ACTION: • Yakima County Elections Division RECEIVED MB _DEC ° ,16 PP1 2 91 YAKIMA CITY CLERK 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 Amendments, SECTION 1, the petition is required to be signed by 500 qualified voters. The number of valid signatures exceeds this requirement. DATED this 16th day of December, 2010 A COR LI A ` . k.�LY, Ya'ima Coun Ex -officio, Supervisor of Elections Yakima County, Washington and Date: February 24, 2017 To: Note -To -File From: Sonya Claar Tee, City Clerk Regarding: Resolution No. 2011-24. DAIII K. Allyn noticed the referenced Exhibit A was not in our records with the original/signed resolution or the original agenda packet as submitted to the City Council for the February 1, 2011 Council meeting. After discussing this issue with City Attorney Cutter, he believes Exhibit A refers to the first page of the petition. / o - i o 000098 YAKIMA VOTERS FOR ACCOuNTAUILIT\W=F ,sgol Shall the Charter of the City of Yakima be amended to provide for all city council positions to be elected by district? Title: This charter amendment concerns fair representation on the Yakima City Council. Summary: This charter amendment would change the way Yakima City Council members are elected. Currently, members who represent a specific district are elected by voters who live outside that district. This measure would require that City Council members be elected only by voters who live inside the district they represent. The measure would eliminate the at -large positions, create seven equal and balanced districts and establish terms limits of no more than ten (10) consecutive years. I, the undersigned, as a registered voter of the City of Yakima, have correctly stated my residence address below and hereby petition to have the proposed amendment to the Charter of the City of Yakima (as specified on the reverse of this form) submitted to a vote: PETITIONER'S SIGNATURE: PRINTED NAME: HOME ADDRESS, STREET AND NUMBER: 1 \,`)L ei,A.A.,ti-Qi ,) a i m1' C'cLA 0 I I DA TE P 3 ci 1` ttk7r citYt c � .; ,e_.'lt ci u 1 CONTACT;,PtiONE'' , _� � t�`.'$�.�'t,,a'°�r r'�,�.tiT kk.T.. ,;.., -�''� ,...;- �`-"�.. /�' ':.��t � $, lEMAI '� , , — au ,„ �" :'Fsdi .: . .6n ,<- � �' 2 � �� �V Lc� � � F''c,rlt::N SJ 1P:1UR: \VCi v1Ct • vAv: t `i r=r ..r �:� �� ,.r.' 1 1S..7 5- .� ti ii-v-�. b {-Of- �(C:�I�i1.4444 LA C H�,t,;G a.[,r7�.cc r.a. �^:;[3cr: .,•,C CT;7-r- SP`7 CI s2 E 'MAIL �a L ` DATE: C.i3NfgetiP i" ONE '° ti ^. p' r ' ,.., 3 ��\/V�,�-5-:,�j��.-�z.> r ,,' 4i' L; IAS i� Vii � M��' :� �� < 1, N, [,�,.: ..�L. _ , N ��,� �.. .. ' Hor, �r. `StiE' 1,,r; Sr„r..r7 tic::`3 t-r"t{ x. ' '3''EMAIL.. , %*- ',. -. DF, TE' �--.r:.,r"�,,,p..r. �.r, �� F, CONTACT PHONE �' ' '. �L�`irA,=,'.: >���,'rt`'.�i� "?ti t'� - �� S:` °t fi..§ ....y ': 4 F . t, ; . :..., ,t ups-. ,..) ,:k' In rH'i'1 it.Sr-:its .� / t-� ,,;U: At5:F; &. Atr' [�I.14 �k�� , Ell l A� 2 `rr {t xn." `� ':m. "'xli.-`� rN �”, �,. t,rC:. DATE: C NTA�C,TPHONE•�, }'„z .r,..t";'amgks`*„t1r:u,,;r�^.; re�1 'x,R"td�',� '3, �`o-y i.;"": •� ____ .,._ ,._..,( K... LLL.:Dck. e 44- (0137 7.? —....,... iiti,-..rwi.--,-i 3 J,. Jl W ,r-, * _„ '"" ; z ...-F - '�1. � �i'�-: DATE s -r„ r .., L -i tCONTCPHONE J^ :'` 'j; : •.i ... � t'-i��Y t...., 1: � ��t\�}tA1.L \ .��'?�z�.1° _ , .. . V u v.. S .... 'ASN , ""�' Mx 1�`s:!*4.,. ��,J :� N,,,_ t ,`�y`,;,+f: �*y3!"'`�:�`�., r J �J r7 — n1 �� 1, 1 �`�... ., t S ��1 r A6'EMAL _ ' DATE (CO NATirgt O E: A ;, + 7 r6- i%i e r )0.e Mtvkfit,,,6c411 Dt,TE 120i-{ iwg5 '� . G�c.,, 61-0 y' w®.. wx.. ,9, ,' V` e+^ rCONTAc%PHONE: f §a:. a `' .` . ,,. tw J ". - , 'r TE IIL' yrs€�� t;,, � r:- I 8 ` • ' � , PH ./.nom ,� EMAIL. :��: r� a .. � �-.... ATE a ONE: �^ W;=�� �»:•;�,"�ig .,.,�.Fj:�.;. Please return form by December 5, 2010 to: Central WA Progress, 1211 S. 7th, Yakima, WA 98901 "03- / D - i o 000098 YAKIMA VOTERS FOR ACCOuNTAUILITY Shall the Charter of the City of Yakima be amended to provide for all city council positions to be elected by district? Title: This charter amendment concems fair representation on the Yakima City Council. Summary: This charter amendment would change the way Yakima City Council members are elected. Currently, members who represent a specific district are elected by voters who live outside that district. This measure would require that City Council members be elected only by voters who live inside the district they represent. The measure would eliminate the at -large positions, create seven equal and balanced districts and establish terms limits of no more than ten (10) consecutive years. I, the undersigned, as a registered voter of the City of Yakima, have correctly stated my residence address below and hereby petition to have the proposed amendment to the Charter of the City of Yakima (as specified on the reverse of this form) submitted to a vote: I PETITIONER'S SIGNATURE: I PRINTED NAME: ! HOME ADDRESS, STREET AND NUMBER: / ARTICLE lI Officers -- Council -Manager Form of Government SECTION 1. A. Yakima voters want a stronger voice in city government and more accountability from elected officials and have therefore chosen to elect all members of the Citv Council by districts. Eac cou,cem. w •av a .r t ••,s•b. a .rese, e ,tetst eir i• t ', addi'0. • w•j.' o ,: ,tet f _, :,'t t o . The elective officers of the City of Yakima shall consist of seven Council members, who shall be residents of the City, who shall constitute the Council, and one of whom shall be the Mayor chosen as provided by SECTION 3 of this Article 1I. One Council member shall be elected from each of fel,-seven separate districts of the City, y the qualified electors of those districtsthe-city, all at the times and in the manner hereinafter provided. The Council members so elected shall constitute the governing body of the City B. (1) The City shall be divided by ordinance of the City Council into four districts as nearly equal in population as practicable based on 1970 federal census data and on actual population counts of areas annexed to the City subsequent to the 1970 federal census, which division shall be accomplished so as to be effective not less than ninety days prior to the municipal primary election to be held during the year 1979. On the publication of the results of each decennial federal census, the City shall be redivided by ordinance of the City Council into €euf-seven districts as nearly equal in population as practicable, which redivision shall be accomplished so as to be effective not less than ninety days prior to the municipal primary election to be .held next following the publication of census results for nomination of candidates for "district positions" on the Council, as defined in Subsection C (2) of this SECTION. On the division or redivision of the City into districts as provided by this subsection, any territory thereafter annexed to the City and contiguous to only one then existing district shall be added to and constitute a part of that district; and if annexed territory is contiguous to more than one then existing district, the annexed territory shall be divided into segments, as nearly equal in population as practicable, according to the number of then existing districts contiguous to the annexed territory and each segment shall be added to and constitute a part of its then existing contiguous district. (2) Whenever the population of any district exceeds the population of any other district by more than ten percent, the City Council shall by ordinance redivide the City into few -seven districts as nearly equal in population as practicable; provided, that any such redivision shall be accomplished so as to be effective not less than ninety days prior to any municipal primary election for Council members to "district positions" as defined in Subsection C (2) of this SECTION. (3) There shall be formed a temporary districting commission to recommend the boundaries of the seven council districts. which shall be drawn consistent with RCW 29A.76.010(41 and applicable state and federal laws. Three members of the commission shall be appointed by a two-thirds vote of the City Council and two members shall appointed by the City Manager. The commission shalt select a chair from its members and proceed upon a timeline to allow for the districts to be finalized : d utilized in the 2011 municipal election. Each member shall be a qualified elector and registered voter of the City of Yakima. No member shall be a candidate or serve in any elective office. or actively particivate in or contribute financially to any Yakima electoral campaigns while serving on the Commission. and shall not run for City Council for two years thereafter. C. (1) At the municipal election to be held in the year 41.9742011tl ee-all seven Council members shall be elected from the City - City .by district. _ (2) Not less than ten days before the time for filing declarations of candidacy for the City Council for the election to be held in the year 4-9792011 the City Clerk shall designate by consecutive numbers, commencing with the number one and ending with the number : - eve ' ' , and such designations shall be thereafter permanently considered as separate offices for election purposes as "district positions" according to their permanently designated number. At the municipal election to be held in the year 4.9;92011,, eight -fourteen candidates shall be nominated from the feu -seven districts, as follows: Candidates for "district positions" shall file their candidacy for nomination by the electors of the district wherein each candidate, respectively, resides. At the primary election, each qualified voter of each district may cast only one vote for a candidate. The names of the two candidates from each district for whom the largest number of votes are cast at the primary election shall appear on the citywide -general election ballot jn their respective district, and the one candidate from each district who receives the highest number of votes, as cast by the citywide electorate of the respective districts eleetomteat the general election, shall thereby be declared as duly elected to each respective "district position" as a member of the City Council. • • numbefe, D. (1) Council members shall be elected to "district positions" for four-year terms and may serve for a maximum of ten (10) consecutive years. In the 2011 election only. the candidates in even - numbered districts shall be elected for a two (2) year term. with subsequent tegns being four (4) years, (2) Should it become impossible, for whatever reason. to elect a council member from each district in 2011. remaining "district positions" shall be filled as soon aspossible consistent with the Voters' intent to move the City of Yakima to electing all city council members by district. E. Provision for the time and manner of election of Council members, and the conduct of such biennial elections shall be governed by general laws, by this charter, and by applicable ordinances of the City as they may be enacted from time to time. As amended by vote of the people November 2, 1976.