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04/17/2012 12 Transportation Benefit District License Tab Fee; November 6, 2012 Ballot Measure i 5 r. i a w. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. r For Meeting of: April 17, 2012 ITEM TITLE: A Resolution of the City of Yakima Transportation Benefit District concerning a voter - approved license tab fee to pay for transportation needs; submitting a ballot measure regarding transportation funding to the qualified electors of the City of Yakima Transportation Benefit District at an election to be held on November 6, 2012; authorizing the Yakima County Prosecutor review ballot title; and requesting that the Yakima City Attorney prepare an explanatory statement for Yakima County's local voter's pamphlet. SUBMITTED BY: Bronson Faul, Assistant City Attorney CONTACT Bronson Faul, Assistant City Attorney /575 -6030 PERSON /TELEPHONE: SUMMARY EXPLANATION: City Council voted to move forward to an election of the people for a $20 annual vehicle registration fee. The fee, if approved, will raise approximately one million dollars per year and will be used on projects defined in the TBD. 100% of the revenue generated is dedicated to transportation projects and can be used for no other purposes. The vehicle license fee will expire when the project list is complete and all debt obligations have been terminated. If council wishes to proceed to a ballot, a resolution has to be passed authorizing the issue to be presented to the voters. Resolution X Ordinance Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: Source: APPROVED FOR SUBMITTAL: C Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download EI Memo to Council re Election for $20 Vehicle License Fee ❑ TBD - Resolution re Election for $20 Vehicle License Fee D Explanatory Statement ❑ Rules for Jurisdictions 2012 CITY OF YAKIMA LEGAL, DEPARTMENT 2 C O S o u l l i h i d 1 1 4 Y a l a m a y . W a gut i 911Ca (113) 55E030 Roc (5Q9j5 6160 MEMORANDUM March 26, 2012 TO: TBD Board FROM: Bronson Faul, Assistant City Attorney SUBJECT: Election for $20 Vehicle License Fee The City of Yakima Transportation Benefit District (TBD) is considering a resolution to send to the voters a proposition to impose a $20 vehicle license fee. This fee, if passed, will be used to fund the TBD project list. Since this resolution is considered a TBD resolution and not a City Council action, the City Council would first need to adjourn from their regular meeting and call the TBD meeting to order. This can be done at any time during or at the conclusion of the council's regular business meeting. Acting as the TBD board, the resolution supporting the vehicle license fee proposition would then be brought forward for consideration and a motion made for approval if that were the preferred action to be taken. If the resolution is passed, then an additional consideration will also be required. Pursuant to the Revised Code of Washington, the TBD shall formally appoint a committee to prepare arguments advocating voters' approval of the measure and shall formally appoint a committee to prepare arguments advocating voters' rejection of the measure. Each committee shall have no more than 3 members. Pursuant to guidelines published by the Yakima County Auditor (Elections Division), the TBD must appoint the members of both committees before August 27, 2012. If the TBD fails to make the appointments by that date, the county auditor will be tasked with that duty There are a number of costs attributable to an election. The first cost is for the election itself. The city is responsible for its portion of the ballot. Those costs fluctuate depending on the number of votes and issues on the ballot. The city will also be responsible for the proportionate share of the cost for the local voter pamphlet. There are also miscellaneous costs such as translation, etc. RESOLUTION NO. TBD -R -1 A RESOLUTION of the City of Yakima Transportation Benefit District concerning a voter - approved license tab fee to pay for transportation needs; submitting a ballot measure regarding transportation funding to the qualified electors of the City of Yakima Transportation Benefit District at an election to be held on November 6, 2012; authorizing the Yakima County Prosecutor review ballot title; and requesting that the Yakima City Attorney prepare an explanatory statement for Yakima County's local voter's pamphlet. WHEREAS, on February 7, 2012, the City of Yakima passed Ordinance No. 2012 -08 establishing the City of Yakima Transportation Benefit District (TBD); and WHEREAS, the Revised Code of Washington (RCW) authorizes the TBD to levy and impose various taxes and fees to generate revenues to support transportation improvements that are defined in the TBD project list; and WHEREAS, the TBD may authorize a twenty - dollar vehicle license fee pursuant to RCW 82.80 and RCW 36.73 to be imposed with approval of a majority of voters in the district voting on the proposition at a general or special election; and WHEREAS, currently the TBD is unfunded and a twenty- dollar vehicle license fee will provide funding to complete the project list; and WHEREAS, the TBD finds and determines that the best approach for ensuring accountability and oversight of the vehicle license fee is to establish a term for collection of such fee that will expire when the projects identified in the TBD Amended Project List #1, as it currently exist or as amended, have been completed and the debt obligations therefore are retired; Now, Therefore, BE IT RESOLVED BY THE CITY OF YAKIMA TRANSPORTATION BENEFIT DISTRICT: Section 1. The City Clerk is directed to certify to the Director of Records and Elections of Yakima County, Washington a copy of this resolution and the proposition to be submitted at the November 6, 2012 general election in the form of a ballot title as follows, or as modified by the Yakima County Prosecuting Attorney pursuant to his duties under RCW 29A.36.071: PROPOSITION NO. 1 The City of Yakima Transportation Benefit District's Proposition No. 1 concerns establishment and imposition of a $20 annual Vehicle License Fee for transportation improvements. If approved, this proposition would fund transportation projects benefiting the City of Yakima, including street repair and maintenance as identified in the Transportation. Benefit District's Amended Project list #1. It would authorize a $20 vehicle fee imposed on annual renewal of vehicle registration beginning in 2012, allowing collection of 1 approximately $1 million annually. The fee will expire upon completion of all projects and the debt obligations therefore are retired. Should this Vehicle License Fee be approved? Yes [ ] No [ ] Section 2. The City Attorney's Office is directed to draft an explanatory statement for the Yakima County local voters' pamphlet. ADOPTED BY THE CITY OF YAKIMA TRANSPORTATION BENEFIT DISTRICT this day of April, 2012. Micah Cawley, Chair ATTEST: City Clerk APPROVED AS TO FORM Jeff Cutter, City Attorney 2 Explanatory Statement City of Yakima voters are asked to authorize Proposition 1 which will dedicate funding for the City of Yakima Transportation Benefit District (TBD). If approved, $20 will be added to the cost of annual vehicle registration. The fee will raise approximately one million dollars per year and will be used on projects defined in the TBD. 100% of the revenue generated is dedicated to transportation projects and can be used for no other purposes. The vehicle license fee will expire when the project list is complete and all debt obligations have been terminated. General Election Online Local Voters' Pamphlet Administrative rules for units of local government leNatig 7,4#' Voters' Pamphlet administrative rules were developed in 1989 in conjunction with the first local voters' pamphlet published in Yakima County. The following rules represent the current rules in their entirety, as amended. The rules, as adopted by the Board of County Commissioners, contain dates that change from year to year. Solely changing these dates and deadlines will not require a vote by the Board of County Commissioners and will not result in "amending" the administrative rules. These administrative rules are hereby amended and adopted the 14th day of February, 2012 by the Board of Yakima County Commissioners. Q „ Yakima County Auditor's Office 1 Elections Division ..} =F 128 N 2 Street Room 117 Yakima WA 98901 PO Box 12570 Yakima WA 98909 509.574.1340 1 1.800.833.0569 www.vakimacounty.us /vote 1 iVote @co.yakima.wa.us Contents Yakima County Online Local Voters' Pamphlet Cover List of participants Introduction by Auditor Table of contents Sample ballot Description of offices Candidate statements and photos Ballot propositions: ✓ Ballot titles ✓ Explanatory statements ✓ For and Against statements & rebuttals Precinct and Designated Accessibility Site information Voter registration and replacement ballot information 2012 Calendar dates and deadlines Date Task May 8 County Commissioners to approve amendments to LVP administrative rules. (Last agenda date prior to candidate filing period.) July 13 Not later than 90 days before publication and distribution of a LVP, the Auditor must notify County Commissioners and units of local governments that a local voters' pamphlet will be produced. RCW 29A.32.220 August 10 Deadline for County Commissioners to waive participatory requirement for units of local government when undue financial hardship would result or when a unit of local government already produces a pamphlet. (60 days prior to publication of LVP) RCW 29A.32.220 August 7 Resolutions due for Special Election to be held in conjunction with General Election August 7 Primary August 10 Deadline for ballot measure Explanatory Statements August 15 Deadline for appeal of rejected Explanatory Statements August 27 Last day jurisdiction may appoint committees to prepare statements for and against local ballot measures. RCW 29A.32.280 (45 days prior to publication of LVP) ■ If jurisdiction appoints ballot measure committees by the August 27 deadline: September 4 For /Against statements due September 5 Exchange For /Against statements September 11 Rebuttals to For /Against statements due If For /Against statement is rejected. September 7 Deadline for appeal or submission of re- written statement September 12 Decision due on appeal of rejected statement ■ If jurisdiction fails to make appointments to ballot measure committees by the August 27 deadline: September 4 Auditor will publish legal ad in newspaper requesting participation September 7 Deadline for formation of requested committees September 13 For /Against Statements due September 14 Exchange For /Against Statements September 20 Rebuttals to For /Against Statements due October 1 Deadline to send ballot measure committee Chair a typeset copy for proofing October 11 Online Local Voters' Pamphlet published for General Election (www.yakimacounty.us/vote) November 6 General Election November 27 General Election certification Participation specifications for In counties that produce a local voters' pamphlet, share of the cost when such elections are held in RCW 29A.32.220 makes participation in the voters' conjunction with other elections. The purpose of this pamphlet mandatory for units of local government. section is to clearly establish that the county is not This pamphlet shall include all offices and ballot responsible for any costs involved in the holding of measures for all jurisdictions located within the any city, town or district election county. However, if a first class or code city publishes and distributes a voters' pamphlet for its In the event that no information (candidate or ballot own offices and measures, they shall not be included measure statements) is submitted, such district will in the county's local voters' pamphlet. In addition, if a NOT be included in the local voters' pamphlet and city or town is obligated by ordinance or charter to said jurisdiction will not be charged the pro -rated cost publish and distribute its own voters' pamphlet, its of the pamphlet. offices and measures are not required to appear in the county local voters' pamphlet. If the required appearance in the county's voters' pamphlet would create undue financial hardship for a local unit of government, the legislative authority of Online Local Voters' Pamphlet the jurisdiction may petition the county commissioners to waive the requirement to be The Yakima County Auditor is committed to providing included in the pamphlet. The county commissioners candidate information to the electorate of Yakima may provide such a waiver no later than sixty days County while being fiscally responsible, therefore the before the publication of the pamphlet. Yakima County Elections Division will only provide an online version of the Local Voters' Pamphlet. Notification to Jurisdictions No later than 90 days before the publication and Bi - lingual Local Voters' Pamphlet distribution of a local voters' pamphlet by a county, In compliance with the 1965 Voting Rights Act, the county auditor shall notify each city, town or Section 203c, Yakima County produces a bilingual special taxing district located wholly within the county local voters' pamphlet. Federal requirements state that a pamphlet will be produced. RCW 29A.32.220 that those localities where more than 10,000 or over 5 percent of the total voting age citizens who Responsibility for Cost of Pamphlet are members of a single minority language group, The cost of the local voters' pamphlet is considered have depressed literacy rates, and do not speak an election cost to the participating jurisdictions and English very well, shall provide materials in the such cost will be pro -rated in the manner as provided applicable minority language. Yakima County has in RCW 29A.04.410; which states that .. "every city, produced all voting materials in English and Spanish town and district shall be liable for its proportionate since 2002. Ballot Measure Explanatory Statements specifications for Requirements of Law A ballot measure submitted for inclusion in a local profane or defamatory will be rejected. Rejected voters' pamphlet must be accompanied by an statements may be resubmitted or appealed within explanatory statement about the measure. five (5) days. We suggest short, concise RCW 29A.32.241 sentences arranged in three or four short paragraphs. Statements should be neatly typed or Preparation of Explanatory Statements printed upon submission. Explanatory statements shall be prepared by the • Length. Explanatory statements shall not exceed attorney for the district submitting the ballot measure. 100 words. All explanatory statements not written by an attorney • Deadline. All explanatory statements must be for a city, town or district will be submitted to the submitted by August 10. County Prosecuting Attorney for review and approval. Typography Headings will be set in bold type; the statement will When the explanatory statement is for a measure be set in upper and lower case. that was initiated by a citizen petition, the text of the explanatory statement will be provided immediately to the individual or committee proposing the measure. Extensions All explanatory statements will appear in the online The Yakima County Auditor shall have the authority Local Voters' Pamphlet prior to the General Election. to grant any deadline extension which he /she feels is Purpose of Explanatory Statements in the best public interest. All extensions will be The explanatory statement shall state the law as it equally granted to opposing candidates or committees. presently exists and what the result of passing the ballot measure would be. Availability of Full Text Restrictions on Explanatory Statements The following will be printed on the Table of Contents page. "NOTE. The full text of all ballot propositions • Content: Explanatory statements must be written is available upon request at the Yakima County in clear and concise language, avoiding legal and Auditor's Office, Election Division." technical terms when possible. Statements which are found to be libelous, biased in content, obscene, Committee Statements specifications for Requirements of Law oppose the measure to serve on the committee Any city, town or district placing a ballot measure on advocating rejection. the General Election ballot shall have a statement Each committee may have up to three members; supporting and a statement opposing the ballot however, a committee may seek the advice of any measure included in the voters' pamphlet. person or persons. The committee shall submit one RCW 29A.32.280 jointly authored statement. Committees "For" and "Against" a Ballot The committee shall elect a chairperson from its Measure members, and shall notify the County Auditor of the For each measure from a unit of local government names and contact information for the committee that is included in the online local voters' pamphlet, members. (Attached is a form to be filled out and the legislative authority of that jurisdiction shall, not filed by each committee submitting a supporting or later than August 27, formally appoint a committee to opposing statement.) prepare arguments advocating voters' approval and a committee to prepare arguments advocating voters' The names of committee members who compose rejection of the measure. The legislative authority the statement for the online local voters' pamphlet shall appoint persons known to favor the measure to will be listed as they appear on the committee serve on the committee advocating approval and assignment form. Each committee may submit shall, whenever possible, appoint persons known to contact information for inclusion in the online Local Voters' Pamphlet consisting of a telephone number, an email address, and an internet address which will words. Such rebuttal statements must be not count toward the maximum word allowance. addressed to the opposition argument and must not inject any new issue. There is no space allowed for Note: If the legislative authority of a unit of local headings or subheadings in the rebuttal statement. government fails to make such appointments by the Rebuttal statements must be submitted no later than prescribed deadline (August 27).the county auditor September 11. Hearings are not permitted in shall whenever possible make the appointments. connection with rebuttal statements. The "For" and "Against" Statements of a ballot Typography measure and the rebuttal statements will appear in Headings will be set in bold caps; the statement will the online Local Voters' Pamphlet prior to the be set in upper /lower case. General Election. Appeal of Rejected Statements Restrictions on Ballot Measure Statements Committees will be notified if their statement has • Content: Statements which are found to be been rejected for any reason. They will have three libelous, obscene, profane or defamatory will be days after the rejection notice to appeal it or submit a rejected by the County Auditor. Rejected re- written statement. Appeals or re- written statements may be re- submitted or appealed statements must be submitted no later than within three days of rejection. September 7. • Length. An official statement, either for or Appeals will be made to a board comprised of the against any local measure, shall not exceed County Auditor, Prosecuting Attorney and a member 150 words. Headings, from the legislative body of the jurisdiction that subheadings, and the list of committee submitted the ballot measure. . The board will make members and contact its final decision on appeals by September 12. . information are not counted toward the maximum word allowance. All of the material in excess of the Proofing word limit, counting from the beginning of the statement, will be omitted. If such a deletion creates To ensure maximum accuracy, the County Auditor an incomplete portion of a sentence at the end of the will mail a proof copy of the statement and rebuttal to statement, that incomplete sentence will be omitted. the designated chairperson of the respective There will be no exception to these limitations. committees at least one calendar week prior to the online publication of the local voters' pamphlet for the • Format: All statements should be typewritten, General Election. double - spaced and in standard paragraph style, without tables, lists or other material requiring Committees will not be permitted to amend the multiple indention. Short concise sentences content of their statement or rebut once it's arranged in three to four brief paragraphs will submitted. Only the correction of incidental errors in most effectively present an argument. spelling, punctuation, or typesetting will be allowed. Hyphenated words are counted as two words unless they are hyphenated in Webster's New Extensions Collegiate Dictionary. The County Auditor (or The Yakima County Auditor shall have the authority staff) will not make any change in the ty ty content of any statement which would alter the to grant any deadline extension which he /she feels is meaning or substance of the statement. The County in the best public interest. All extensions will be Auditor (or election staff) may, however, correct any equally granted to opposing candidates or incidental errors of spelling, grammar and committees. punctuation which he /she feels would unfairly prejudice the committee's statement or confuse Order of Appearance the voter. Measures shall appear, in the closest possible order, • Deadline: All official statements must be manner and form in which they are designated upon submitted by September 4 This will allow time the ballot. for statement review, translation, and preparation for Inadvertent Omission of Statement publication. In the event a statement supporting or opposing a Rebuttal Statements ballot measure is inadvertently omitted or not Within 24 hours of the deadline for submitting a ballot published in its entirety, due to an election measure statement, ,the County Auditor will department error, the County Auditor will immediately exchange copies with the opposing committees so post such statement in the online guide. that each can write a rebuttal, not to exceed 75 Disclaimer The following disclaimer will appear in substantially the following form at the beginning of the pamphlet and at the bottom of the page when supporting and opposing statements appear: "Statements supporting and opposing a ballot proposition, as published in this pamphlet, are the opinions of the authors and have not been checked for factual or grammatical accuracy by an official government agency." Fees No fees will be charged to committees submitting materials to be included in the local voters' pamphlet. The cost of the local voters' pamphlet shall be considered an election cost to those jurisdictions included in the pamphlet and shall be prorated in the manner provided in RCW 29A.04.410. Public information Arguments submitted for publication in the online Local Voters' Pamphlet that support or oppose a measure are not available for public inspection or copying until (i) the arguments on both sides have been received, unless a committee was not appointed for one side or (ii) the deadline for submission of arguments has elapsed. Rebuttal arguments submitted for publication in the online Local Voters' Pamphlet are not available for public inspection or copying until (i) the rebuttals on both sides have been received, unless a committee was not appointed for one side, or (ii) the deadline for submission of rebuttals to arguments has elapsed. RCW 29A.32.100 Committee Assignments ballot measure statements Name of Jurisdiction: Proposition: Committee "'for' the ballot measure Committee "against" the ballot measure 1. Name (Chairperson) 1 Name (Chairperson) Title /Organization Title/Organization Contact information. Contact information. • 2. Name: 2. Name. Title /Organization: Title /Organization: Contact information Contact information. 3. Name. 3. Name - Title /Organization Title /Organization. Contact information Contact information Committee contact information for inclusion in Committee contact information for inclusion in the online Local Voters' Pamphlet the online Local Voters' Pamphlet (does not count toward the maximum word allowance) (does not count toward the maximum word allowance) eSth' .,._ :401 phone phone. email address: email address: Internet address. Internet address I hereby certify that the above named individuals have been appointed and have consented to serve as indicated and the name, titles, and /or organizations should be listed in the official online local voters' pamphlet in the manner set forth above. Date Representative of Jurisdiction's Legislative Authority ; � - fail3 1 l t,3OU—il 1) ,- / / k i II K-4_6 ell:cc°, W-e_ A /1---Q. 1\Ia --- _oiv2__ lo -6 , 0 0,- (-Do L jel) ______ _ [ ,.,57 C S - 0_37 . _________ ____ _ . ' /_`' ���� __-_---__ ��� _-__-_ `, . -�--_---_ �� _ _--- -_-_ _ -_____ . ��- -- -_' -__-_- - -- --- -__--_--- --- _-- - ____-___- ___ ___-_-_-- _ ___ • /