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07/20/2021 05.C. Proposed resolutions associated with requested Charter change language 1 bc 0�`��C � I / 'l ++t''lid°RPOR,1 f 1:1) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.C. For Meeting of: July 20, 2021 ITEM TITLE: Proposed resolutions associated with requested Charter change language SUBMITTED BY: Sara Watkins, City Attorney SUMMARY EXPLANATION: At its July 6, 2021, regular council meeting, the City Council directed staff to return with a number of possible resolutions to place amendments to the City Charter on the ballot for the November 2, 2021 election. With this Agenda Statement are five proposals: 1. Proposed Proposition 1 addressing attendance and council vacancies; 2. A proposal to remove the Street Overlay dedicated fund; 3. A proposal to remove only the annual increase in the Street Overlay dedicated fund; 4. A proposal to remove the Parks Capital dedicated fund; and 5. A proposal to remove only the annual increase in the Parks Capital dedicated fund. 6. Proposed Proposition 4 (number may change based on decisions on items 2-5)addressing clarifying and correcting Charter sections, including to conform with law. Due to the state law requiring that each ballot measure have one issue, the addition of attendance requirements should be separated from the clarifying and correcting amendments. Further, the Street Overlay and Parks Capital fund issues must be proposed separately if Council determines any of those matters are to be placed on the ballot. Additionally, Council will need to appoint a maximum of three members to two committees—one in favor, and one opposed for each ballot measure it seeks to place on the ballot. These committees are charged with drafting arguments in favor and opposed to the ballot measure. RCW 29A.32.280. The committee members must be appointed and submitted to the Yakima County Auditor at the same time as the ballot proposition. Under statute the City Attorney drafts the concise ballot statements. RCW 29A.36.071. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER 2 RECOMMENDATION: ATTACHMENTS: Description Upload Date Type O Resolution-Prop. 1.amendment.attendance 7/12/2021 Resolution O Resolution-Prop.2.street option 1 7/8/2021 Resolution O Resolution-Prop.2.street option 2 7/8/2021 Resolution O Resolution-Prop.3.parks.option 1 7/8/2021 Resolution O Resolution-Prop.3.parks.option 2 7/8/2021 Resolution O Resolution-Prop.4.amendments.clarification 7/12/2021 Resolution 3 RESOLUTION NO. R-2021- A RESOLUTION providing for the submission to the qualified electors of the City of Yakima at an election to be held on November 2, 2021, of a Proposition on whether Article VI, Section 4 of the Charter of the City of Yakima should be amended to add language regarding attendance and vacancies of City Council members; approving ballot title; making ancillary and corrective amendments throughout the Charter; and requesting the Yakima County Auditor to submit the Proposition to the voters on the regular municipal general election to be held November 2, 2021. 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 qualified voters of the city voting in a general election called for that purpose; and WHEREAS, the City of Yakima Charter provides that the Charter may be amended in the manner provided by the laws of the State of Washington and any proposed amendment may be called by the City Council; and WHEREAS, more specifically with regards to Article VI, Section 4, the City Council finds and determines that there should be language that states the failure of a councilmember to attend three consecutive regular meetings of the Council or six or more regular Council meetings during a calendar year, without being excused by the City Council could result in the councilmember's seat being deemed vacant, because there currently is no way to require councilmembers to attend council meetings or remove them for failure to attend meetings without excuse; and WHEREAS, the City Council desires to hold an election in the City of Yakima on the regular municipal general election date of November 2, 2021, for the purpose of submitting to the qualified voters of the City the proposition of whether the City of Yakima should approve the amended Charter as described above, all as set forth in the proposed amended Charter sections below; and WHEREAS, the City Council finds and determines that the best interests and general welfare of the City of Yakima would be served by submitting to the qualified voters in the City the proposition of whether the City of Yakima should approve the amendment to the Charter, as set forth herein, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Consistent with Section 2 of this Resolution, the City requests that the Yakima County Auditor call and conduct an election in the City in conjunction with the state general election to be held on November 2, 2021, for the purpose of submitting to the qualified electors of the City for their approval, the following proposed amendments to Article VI, Section 4 of the Yakima City Charter (Additional Powers and Limitations on Officers). Underlining indicates additions, and strike-outs indicate deletions, to the relevant City Charter provisions. Article VI, Section 4 of the Charter, which reads as follows: Members of the City Council shall be qualified electors of the City, and shall not hold any other public office except that of Notary Public or member of the military branch of the 1 4 state or federal government. A member of the City Council ceasing to possess any of the qualifications specified in this SECTION, or who may be convicted of a crime involving moral turpitude while in office shall immediately forfeit his office. A certified copy of the judgment of conviction filed in the office of the City Clerk shall be prima facie evidence of forfeiture as above provided. Is hereby amended to read as follows: Members of the City Council shall be qualified electors of the City, and shall not hold any other public office except that of Notary Public or member of the military branch of the state or federal government. A mcmbcr of the City Council The office of any council member shall be deemed vacant if the council member: ceases ceasing-to possess any of the qualifications specified in this SECTION or RCW 42.12.010 (and as amended), fails to attend three consecutive regular meetings of the City Council or six or more regular City Council meetings during any calendar year without being excused by the Council in accordance with the provisions set forth in the Rules of Procedure of the Yakima City Council or j who is rray-be convicted of a crime involving moral turpitude while in office shall immodiatoly forfoit his offico. A certified copy of the judgment of conviction filed in the office of the City Clerk shall be prima facie evidence of forfeiture under provision 3, as above provided. Vacancies shall be filled by the selection of a qualified person who resides in the district in which the vacancy occurs, by majority vote of the remaining members of the council. The appointee so selected holds office until the next general municipal election at which election a person is elected to the office for the unexpired term, or for the next full term, as the case may be, and the person elected shall take office immediately upon certification of the election results. Section 2. The City Council desires to place a Proposition before the qualified electors with regards to the proposed City Charter amendments contained in Section 1 of this ordinance. The ballot title for the Charter amendments to be submitted to the qualified electors in accordance with Section 1 of this ordinance, to be submitted at the November 2, 2021, regular municipal general election, shall be substantially as follows, and in such final form of concise statement as may be prepared by the City Attorney consistent with RCW 29A.36.071: PROPOSITION NO. 1 ADOPTION OF AMENDMENT TO CHARTER OF THE CITY OF YAKIMA PROPOSITION NO. 1 concerns an amendment of the City of Yakima Charter. This amendment would amend Section 4, and 6 of Article VI, which would deem a council position vacant if a councilmember failed to meet attendance requirements and make corrective and clarifying amendments to the Section. Should this proposition be approved? YES ❑ NO ❑ Section 3. The City Manager and City Attorney are authorized to make such minor 2 5 adjustments to the wording of such proposition as may be recommended by the Yakima County Auditor, provided the intent of the proposition remains clear and consistent with the intent of this resolution. Section 4. Local Voters' Pamphlet Authorized. The preparation and distribution of a local voters' pamphlet providing information on the foregoing ballot measure is hereby authorized. The pamphlet shall include arguments advocating approval and disapproval of the ballot measure. In accordance with RCW 29A.32.280, the arguments advocating approval and rejection of the ballot measure shall be prepared by committees appointed by the City Council by resolution not later than forty-five days before the publication of the pamphlet. Each committee shall be composed of not more than three persons, however, a committee may seek the advice of any person or persons. The committee advocating approval shall be composed of persons known to favor the ballot measure, and the committee advocating rejection shall be composed of persons known to oppose the ballot measure. Section 5. Corrections by City Clerk. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors, references to other local, state or federal laws, codes, rules, or regulations, or resolution numbering and section/subsection numbering. Section 6. Severability. If any one or more sections, subsections or sentences of this resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. Section 7. Effective Date. This resolution shall become effective immediately after its adoption. Section 8. The City Clerk is authorized and directed to file a certified copy of this resolution with the Yakima County Auditor. ADOPTED BY THE CITY COUNCIL this 20'h day of July, 2021. Patricia Byers, Mayor ATTEST: Sonya Clear Tee, City Clerk 3 6 RESOLUTION NO. R-2021- A RESOLUTION providing for the submission to the qualified electors of the City of Yakima at an election to be held on November 2, 2021, of a Proposition on whether Article VI, Section 8 be repealed and removed from the City Charter; and requesting the Yakima County Auditor to submit the Proposition to the voters on the regular municipal general election to be held November 2, 2021. 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 qualified voters of the city voting in a general election called for that purpose; and WHEREAS, the City of Yakima Charter provides that the Charter may be amended in the manner provided by the laws of the State of Washington and any proposed amendment may be called by the City Council; and WHEREAS, the City Council desires to call the proposed repeal of Article VI, Section 8 from the City Charter which would remove the dedicated street overlay and reconstruction fund outlined therein; and WHEREAS, the City Council finds that this dedicated fund is too restrictive as to the activities for which the dedicated funds can be used, as they cannot be used for any street improvement project, but only street overlay and reconstruction—which limits the types of street projects that can be accomplished with this funding; and WHEREAS, the City Council finds that the streets of the City are an important asset; however, the dedication of the funds reduces flexibility in budgeting to address other general fund needs in public safety, traffic safety, emergency services, streetlight replacement, sidewalk improvements, and other needs of the City; and WHEREAS, the City Council desires to hold an election in the City of Yakima on the regular municipal general election date of November 2, 2021, for the purpose of submitting to the qualified voters of the City the proposition of whether the City of Yakima should repeal Section 8 of Article VI, as described above, all as set forth in the proposed amended Charter language below; and WHEREAS, the City Council finds and determines that the best interests and general welfare of the City of Yakima would be served by submitting to the qualified voters in the City the proposition of whether the City of Yakima should repeal Section 8, Article VI of the Charter, as set forth herein, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1: Consistent with Section 2 of this Resolution, the City requests that the Yakima County Auditor call and conduct an election in the City in conjunction with the state general election to be held on November 2, 2021, for the purpose of submitting to the qualified electors of the City for their approval, the following proposed repeal of the Yakima City Charter: Section 8 of Article VI (Additional Powers and Limitations on Officers). Underlining indicates additions, and strike-outs indicate deletions, to the relevant City Charter provisions. 1 7 Article VI, Section 8 of the Charter, which reads as follows: There shall be a dedicated street overlay and reconstruction fund, reserved for the enhancement in quality and value of City street infrastructure, of no less than Two Million Dollars annually in the City's General Fund budget. This dedicated fund base amount of Two Million Dollars shall be adjusted annually in accord with the annual change in the June U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U)West Region. The City Council shall make no other use of this fund than as is provided in this Section. Would hereby be REPEALED. Thoro shall bo a dodicatod stroot ovorlay and roconctruction fund, rocorvod for tho cnhanccmcnt in quality and valuc of City str0ct infrastructurc, of no Ic:s than Two Million Dollars annually in thc City's Ccncral Fund budgct. This dcdicatcd fund bacc amount of Two Million Dollars shall be adjustcd annually in accord with thc annual changc in tho Junc U.S. Dcpartmcnt of Labor, Bur au of Labor Statistics Consumcr Pricc Indcx for All Urban Consumcrs (CPI U)Wcst Rcgion. The City Council shall makc no othcr ucc of this fund than as is providod in this Soction. Section 2. The City Council desires to place a Proposition before the qualified electors with regards to the proposed City Charter amendments contained in Section 1 of this ordinance. The ballot title for the Charter amendments to be submitted to the qualified electors in accordance with Section 1 of this ordinance, to be submitted at the November 2, 2021, regular municipal general election, shall be substantially as follows, and in such final form of concise statement as may be prepared by the City Attorney consistent with RCW 29A.36.071: PROPOSITION NO. 2 REPEAL OF SECTION 8 OF ARTICLE VI OF THE YAKIMA CITY CHARTER PROPOSITION NO. 2 concerns a change to the City of Yakima Charter. This measure repeals and removes Section 8 of Article VI (Additional Powers and Limitations on Officers) from the Yakima City Charter. Should this proposition be approved? YES ❑ NO ❑ Section 3. The City Manager and City Attorney are authorized to make such minor adjustments to the wording of such proposition as may be recommended by the Yakima County Auditor, provided the intent of the proposition remains clear and consistent with the intent of this resolution. Section 4. Local Voters' Pamphlet Authorized. The preparation and distribution of a local voters' pamphlet providing information on the foregoing ballot measure is hereby authorized. The pamphlet shall include arguments advocating approval and disapproval of the ballot measure. In accordance with RCW 29A.32.280, the arguments advocating approval and rejection of the ballot measure shall be prepared by committees appointed by the City Council by resolution not later than forty-five days before the publication of the pamphlet. Each committee shall be composed 2 8 of not more than three persons, however, a committee may seek the advice of any person or persons. The committee advocating approval shall be composed of persons known to favor the ballot measure, and the committee advocating rejection shall be composed of persons known to oppose the ballot measure. Section 5. Corrections by City Clerk. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors, references to other local, state or federal laws, codes, rules, or regulations, or resolution numbering and section/subsection numbering. Section 6. Severability. If any one or more sections, subsections or sentences of this resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. Section 7. Effective Date. This resolution shall become effective immediately after its adoption. Section 8. The City Clerk is authorized and directed to file a certified copy of this resolution with the Yakima County Auditor. ADOPTED BY THE CITY COUNCIL this 20th day of July, 2021. Patricia Byers, Mayor ATTEST: Sonya Clear Tee, City Clerk 3 9 RESOLUTION NO. R-2021- A RESOLUTION providing for the submission to the qualified electors of the City of Yakima at an election to be held on November 2, 2021, of a Proposition on whether Articles VI, Section 8 be amended in the City Charter to remove the annual adjustment in the amount of dedicated funds based on the CPI Index; and requesting the Yakima County Auditor to submit the Proposition to the voters on the regular municipal general election to be held November 2, 2021. 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 qualified voters of the city voting in a general election called for that purpose; and WHEREAS, the City of Yakima Charter provides that the Charter may be amended in the manner provided by the laws of the State of Washington and any proposed amendment may be called by the City Council; and WHEREAS, there is currently a dedicated fund in the City's general fund, that provides funding specifically for street overlay and reconstruction; and WHEREAS,the City Council desires to call the proposed amendment of Article VI, Section 8 in the City Charter which would remove annual adjustment in the amount of dedicated funds to street overlay and reconstruction, which, under the Charter, is based on the All Urban Consumers price index (CPI index); and WHEREAS, the City Council finds that this dedicated fund is necessary, but adjusting the amount annually to increase based on the All Urban Consumer Price Index West Region reduces flexibility in budgeting to address other general fund needs in public safety, traffic safety, emergency services, streetlight replacement, sidewalk improvements, and other needs of the City; and WHEREAS, the City Council desires to hold an election in the City of Yakima on the regular municipal general election date of November 2, 2021, for the purpose of submitting to the qualified voters of the City the proposition of whether the City of Yakima should amend Section 8 of Article VI, as described above, all as set forth in the proposed amended Charter language below; and WHEREAS, the City Council finds and determines that the best interests and general welfare of the City of Yakima would be served by submitting to the qualified voters in the City the proposition of whether the City of Yakima should amend Section 8, Article VI of the Charter to remove the CPI annual adjustment, as set forth herein, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Consistent with Section 2 of this Resolution, the City requests that the Yakima County Auditor call and conduct an election in the City in conjunction with the state general election to be held on November 2, 2021, for the purpose of submitting to the qualified electors of the City for their approval,the following proposed amendment of the Yakima City Charter: Section 8 of Article VI (Additional Powers and Limitations on Officers). Underlining indicates additions, 1 10 and strike-outs indicate deletions, to the relevant City Charter provisions. Article VI, Section 8 of the Charter, which reads as follows: There shall be a dedicated street overlay and reconstruction fund, reserved for the enhancement in quality and value of City street infrastructure, of no less than Two Million Dollars annually in the City's General Fund budget. This dedicated fund base amount of Two Million Dollars shall be adjusted annually in accord with the annual change in the June U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U)West Region. The City Council shall make no other use of this fund than as is provided in this Section. Is hereby amended to read as follows: There shall be a dedicated street overlay and reconstruction fund, reserved for the enhancement in quality and value of City street infrastructure, of no less than Two Million Dollars annually in the City's General Fund budget. This dcdicatcd fund bacc amount of Two Million Dollars shall be adjusted annually in accord with the annual changc in the Junc U.S. Dcpartmcnt of Labor, Bur au of Labor Statistics Consumcr Pricc Index for All Urban Concumors (CPI U)Woct Rogion. The City Council shall make no other use of this fund than as is provided in this Section. Section 2. The City Council desires to place a Proposition before the qualified electors with regards to the proposed City Charter amendments contained in Section 1 of this ordinance. The ballot title for the Charter amendments to be submitted to the qualified electors in accordance with Section 1 of this ordinance, to be submitted at the November 2, 2021, regular municipal general election, shall be substantially as follows, and in such final form of concise statement as may be prepared by the City Attorney consistent with RCW 29A.36.071: PROPOSITION NO. 2 ADOPTION OF AMENDMENT TO SECTION 8 OF ARTICLE VI OF THE YAKIMA CITY CHARTER PROPOSITION NO. 2 concerns an amendment to the City of Yakima Charter. This measure amends Section 8 of Article VI (Additional Powers and Limitations on Officers) of the Yakima City Charter to remove the annual adjustment to the dedicated street overlay and reconstruction fund in accord with the Consumer Price Index for All Urban Consumers West Region. Should this proposition be approved? YES ❑ NO ❑ Section 3. The City Manager and City Attorney are authorized to make such minor adjustments to the wording of such proposition as may be recommended by the Yakima County Auditor, provided the intent of the proposition remains clear and consistent with the intent of this resolution. Section 4. Local Voters' Pamphlet Authorized. The preparation and distribution of a local 2 11 voters' pamphlet providing information on the foregoing ballot measure is hereby authorized. The pamphlet shall include arguments advocating approval and disapproval of the ballot measure. In accordance with RCW 29A.32.280, the arguments advocating approval and rejection of the ballot measure shall be prepared by committees appointed by the City Council by resolution not later than forty-five days before the publication of the pamphlet. Each committee shall be composed of not more than three persons, however, a committee may seek the advice of any person or persons. The committee advocating approval shall be composed of persons known to favor the ballot measure, and the committee advocating rejection shall be composed of persons known to oppose the ballot measure. Section 5. Corrections by City Clerk. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors, references to other local, state or federal laws, codes, rules, or regulations, or resolution numbering and section/subsection numbering. Section 6. Severability. If any one or more sections, subsections or sentences of this resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. Section 7. Effective Date. This resolution shall become effective immediately after its adoption. Section 8. The City Clerk is authorized and directed to file a certified copy of this resolution with the Yakima County Auditor. ADOPTED BY THE CITY COUNCIL this 20'h day of July, 2021. Patricia Byers, Mayor ATTEST: Sonya Clear Tee, City Clerk 3 12 RESOLUTION NO. R-2021- A RESOLUTION providing for the submission to the qualified electors of the City of Yakima at an election to be held on November 2, 2021, of a Proposition on whether Article VI, Section 9 be repealed and removed from the City Charter; and requesting the Yakima County Auditor to submit the Proposition to the voters on the regular municipal general election to be held November 2, 2021. 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 qualified voters of the city voting in a general election called for that purpose; and WHEREAS, the City of Yakima Charter provides that the Charter may be amended in the manner provided by the laws of the State of Washington and any proposed amendment may be called by the City Council; and WHEREAS, the Charter currently provides for a dedicated fund, to be paid from the general fund, for the construction and rehabilitation of public parks and recreation facilities; and WHEREAS, the City Council desires to call the proposed repeal of Article VI, Section 9 in the City Charter which would remove the dedicated parks and recreation capital fund outlined therein; and WHEREAS, the City Council finds that parks are an important and crucial public asset; however, this dedicated fund is too restrictive as to the activities for which the dedicated funds can be used, which hinders the flexibility of Council to budget for other park needs, as well as to address other general fund needs in public safety, emergency services, streetlight replacement, sidewalk improvements and other needs of the City; and WHEREAS, the City Council desires to hold an election in the City of Yakima on the regular municipal general election date of November 2, 2021, for the purpose of submitting to the qualified voters of the City the proposition of whether the City of Yakima should amend Section 9 of Article VI, as described above, all as set forth in the proposed amended Charter language below; and WHEREAS, the City Council finds and determines that the best interests and general welfare of the City of Yakima would be served by submitting to the qualified voters in the City the proposition of whether the City of Yakima should amend Section 9, Article VI of the Charter to remove the CPI annual adjustment, as set forth herein, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Consistent with Section 2 of this Resolution, the City requests that the Yakima County Auditor call and conduct an election in the City in conjunction with the state general election to be held on November 2, 2021, for the purpose of submitting to the qualified electors of the City for their approval,the following proposed amendment of the Yakima City Charter: Section 9 of Article VI (Additional Powers and Limitations on Officers). Underlining indicates additions, and strike-outs indicate deletions, to the relevant City Charter provisions. 1 13 Article VI, Section 9 of the Charter, which reads as follows: There shall be a dedicated public parks and recreation capital fund, reserved for the construction and rehabilitation of City public parks and recreation facilities, of no less than Seven Hundred Fifty Thousand Dollars annually in the City's General Fund budget. This dedicated fund base amount of Seven Hundred Fifty Thousand Dollars shall be adjusted annually in accord with the annual change in the June U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) West Region. The City Council shall make no other use of this fund than as is provided in this Section. Would hereby by REPEALED. Thoro shall bo a dodicatod public parks and rocroation capital fund, rocorvod for tho construction and rchabilitation of City public parks and rccrc\ation facilitics, of no Ic,c than Scvcn Hundrcd Fifty Thousand Dollars annually in the City's Ccncral Fund budgct. This dcdicatcd fund bass amount of Scvcn Hundrcd Fifty Thousand Dollars shall be adjustcd of Labor Statistics Consumcr Pricc Indcx for All Urban Concumcrs (CPI U) Mot Rcgion. Tho City Council shall mako no othor use of this fund than as is providod in this Soction. Section 2. The City Council desires to place a Proposition before the qualified electors with regards to the proposed City Charter amendments contained in Section 1 of this ordinance. The ballot title for the Charter amendments to be submitted to the qualified electors in accordance with Section 1 of this ordinance, to be submitted at the November 2, 2021, regular municipal general election, shall be substantially as follows, and in such final form of concise statement as may be prepared by the City Attorney consistent with RCW 29A.36.071: PROPOSITION NO. 3 REPEAL OF SECTION 9 OF ARTICLE VI OF THE YAKIMA CITY CHARTER PROPOSITION NO. 3 concerns a change to the City of Yakima Charter. This measure repeals and removes Section 9 of Article VI (Additional Powers and Limitations on Officers) of the Yakima City Charter. Should this proposition be approved? YES ❑ NO ❑ Section 3. The City Manager and City Attorney are authorized to make such minor adjustments to the wording of such proposition as may be recommended by the Yakima County Auditor, provided the intent of the proposition remains clear and consistent with the intent of this resolution. Section 4. Local Voters' Pamphlet Authorized. The preparation and distribution of a local voters' pamphlet providing information on the foregoing ballot measure is hereby authorized. The pamphlet shall include arguments advocating approval and disapproval of the ballot measure. In accordance with RCW29A.32.280, the arguments advocating approval and rejection of the ballot measure shall be prepared by committees appointed by the City Council by resolution not later than forty-five days before the publication of the pamphlet. Each committee shall be composed 2 14 of not more than three persons, however, a committee may seek the advice of any person or persons. The committee advocating approval shall be composed of persons known to favor the ballot measure, and the committee advocating rejection shall be composed of persons known to oppose the ballot measure. Section 5. Corrections by City Clerk. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors, references to other local, state or federal laws, codes, rules, or regulations, or resolution numbering and section/subsection numbering. Section 6. Severability. If any one or more sections, subsections or sentences of this resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. Section 7. Effective Date. This resolution shall become effective immediately after its adoption. Section 8. The City Clerk is authorized and directed to file a certified copy of this resolution with the Yakima County Auditor. ADOPTED BY THE CITY COUNCIL this 20th day of July, 2021. Patricia Byers, Mayor ATTEST: Sonya Clear Tee, City Clerk 3 15 RESOLUTION NO. R-2021- A RESOLUTION providing for the submission to the qualified electors of the City of Yakima at an election to be held on November 2, 2021, of a Proposition on whether Articles VI, Section 9 be amended in the City Charter to remove the annual adjustment in the amount of dedicated funds based on the CPI Index; and requesting the Yakima County Auditor to submit the Proposition to the voters on the regular municipal general election to be held November 2, 2021. 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 qualified voters of the city voting in a general election called for that purpose; and WHEREAS, the City of Yakima Charter provides that the Charter may be amended in the manner provided by the laws of the State of Washington and any proposed amendment may be called by the City Council; and WHEREAS, the Charter currently provides for a dedicated fund, to be paid from the general fund, for the construction and rehabilitation of public parks and recreation facilities; and WHEREAS, the City Council desires to call the proposed amendment of Article VI, Section 9 in the City Charter which would remove annual adjustment in the amount of dedicated funds to construction and rehabilitation of the City's public parks and recreation facilities, which, under the Charter, is based on the All Urban Consumers price index (CPI index); and WHEREAS, the City Council finds that this dedicated fund is necessary, but adjusting the amount annually to increase based on the All Urban Consumer Price Index West Region reduces flexibility in budgeting to address other general fund needs in parks, public safety, traffic safety, emergency services, streetlight replacement, sidewalk improvements, and other needs of the City; and WHEREAS, the City Council desires to hold an election in the City of Yakima on the regular municipal general election date of November 2, 2021, for the purpose of submitting to the qualified voters of the City the proposition of whether the City of Yakima should amend Section 9 of Article VI, as described above, all as set forth in the proposed amended Charter language below; and WHEREAS, the City Council finds and determines that the best interests and general welfare of the City of Yakima would be served by submitting to the qualified voters in the City the proposition of whether the City of Yakima should amend Section 9, Article VI of the Charter to remove the CPI annual adjustment, as set forth herein, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Consistent with Section 2 of this Resolution, the City requests that the Yakima County Auditor call and conduct an election in the City in conjunction with the state general election to be held on November 2, 2021, for the purpose of submitting to the qualified electors of the City for their approval,the following proposed amendment of the Yakima City Charter: Section 9 of Article VI (Additional Powers and Limitations on Officers). Underlining indicates additions, 1 16 and strike-outs indicate deletions, to the relevant City Charter provisions. Article VI, Section 9 of the Charter, which reads as follows: There shall be a dedicated public parks and recreation capital fund, reserved for the construction and rehabilitation of City public parks and recreation facilities, of no less than Seven Hundred Fifty Thousand Dollars annually in the City's General Fund budget. This dedicated fund base amount of Seven Hundred Fifty Thousand Dollars shall be adjusted annually in accord with the annual change in the June U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) West Region. The City Council shall make no other use of this fund than as is provided in this Section. Is hereby amended to read as follows: There shall be a dedicated public parks and recreation capital fund, reserved for the construction and rehabilitation of City public parks and recreation facilities, of no less than Seven Hundred Fifty Thousand Dollars annually in the City's General Fund budget. This dcdicatcd fund bozo amount of Scvcn Hundred Fifty Thousand Dollars shall be adjustcd of Labor Statistics Consumor Prico Indox for All Urban Concumors (CPI U) Woct Rogion. The City Council shall make no other use of this fund than as is provided in this Section. Section 2. The City Council desires to place a Proposition before the qualified electors with regards to the proposed City Charter amendments contained in Section 1 of this ordinance. The ballot title for the Charter amendments to be submitted to the qualified electors in accordance with Section 1 of this ordinance, to be submitted at the November 2, 2021, regular municipal general election, shall be substantially as follows, and in such final form of concise statement as may be prepared by the City Attorney consistent with RCW 29A.36.071: PROPOSITION NO. 3 ADOPTION OF AMENDMENT TO SECTION 9 OF ARTICLE VI OF THE YAKIMA CITY CHARTER PROPOSITION NO. 2 concerns an amendment to the City of Yakima Charter. This measure amends Section 9 of Article VI (Additional Powers and Limitations on Officers) of the Yakima City Charter to remove the annual adjustment to the dedicated parks and recreation capital fund reserved for the construction and rehabilitation of parks and recreation facilities, in accord with the Consumer Price Index for All Urban Consumers West Region. Should this proposition be approved? YES ❑ NO ❑ Section 3. The City Manager and City Attorney are authorized to make such minor adjustments to the wording of such proposition as may be recommended by the Yakima County Auditor, provided the intent of the proposition remains clear and consistent with the intent of this resolution. Section 4. Local Voters' Pamphlet Authorized. The preparation and distribution of a local 2 17 voters' pamphlet providing information on the foregoing ballot measure is hereby authorized. The pamphlet shall include arguments advocating approval and disapproval of the ballot measure. In accordance with RCW 29A.32.280, the arguments advocating approval and rejection of the ballot measure shall be prepared by committees appointed by the City Council by resolution not later than forty-five days before the publication of the pamphlet. Each committee shall be composed of not more than three persons, however, a committee may seek the advice of any person or persons. The committee advocating approval shall be composed of persons known to favor the ballot measure, and the committee advocating rejection shall be composed of persons known to oppose the ballot measure. Section 5. Corrections by City Clerk. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors, references to other local, state or federal laws, codes, rules, or regulations, or resolution numbering and section/subsection numbering. Section 6. Severability. If any one or more sections, subsections or sentences of this resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. Section 7. Effective Date. This resolution shall become effective immediately after its adoption. Section 8. The City Clerk is authorized and directed to file a certified copy of this resolution with the Yakima County Auditor. ADOPTED BY THE CITY COUNCIL this 20'h day of July, 2021. Patricia Byers, Mayor ATTEST: Sonya Clear Tee, City Clerk 3 18 RESOLUTION NO. R-2021- A RESOLUTION providing for the submission to the qualified electors of the City of Yakima at an election to be held on November 2, 2021, of a Proposition on whether Articles II, VI, VII, XIII, and XV of the Charter of the City of Yakima should be amended to make corrective and clarifying amendments throughout, conforming to state law provisions regarding purchases of supplies, material, equipment or services, appropriations, amendments to the Charter and civil service; approving ballot title; making ancillary and corrective amendments throughout the Charter; and requesting the Yakima County Auditor to submit the Proposition to the voters on the regular municipal general election to be held November 2, 2021. 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 qualified voters of the city voting in a general election called for that purpose; and WHEREAS, the City of Yakima Charter provides that the Charter may be amended in the manner provided by the laws of the State of Washington and any proposed amendment may be called by the City Council; and WHEREAS, the City Council desires to call proposed amendments to the City Charter to Articles II, VI, VII, XIII, and XV, to make corrective and clarifying amendments throughout; to conform with state law provisions regarding purchases of supplies, material, equipment or services; appropriations; the nondiscrimination provision of Civil Service; and adding language regarding attendance and vacancies of City Council members; and WHEREAS, the City Council desires to hold an election in the City of Yakima on the regular municipal general election date of November 2, 2021, for the purpose of submitting to the qualified voters of the City the proposition of whether the City of Yakima should approve the amended Charter as described above, all as set forth in the proposed amended Charter sections below; and WHEREAS, the City Council finds and determines that the best interests and general welfare of the City of Yakima would be served by submitting to the qualified voters in the City the proposition of whether the City of Yakima should approve the amendment to the Charter, as set forth herein, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Consistent with Section 2 of this Resolution, the City requests that the Yakima County Auditor call and conduct an election in the City in conjunction with the state general election to be held on November 2, 2021, for the purpose of submitting to the qualified electors of the City for their approval, the following proposed amendments to the Yakima City Charter: Section 5 of Article II (Officers—Council-Manager Form of Government); Sections 2 and 6 of Article VI (Additional Powers and Limitations on Officers); Section 6 of Article VII (Limitation on Taxation); Article XIII (Amendments); and Section 15 of Article XV (Civil Service). Underlining indicates additions, and strike-outs indicate deletions, to the relevant City Charter provisions. 1 19 Article II, Section 5 of the Charter, which reads as follows: The Council shall meet at the times and places fixed by ordinance, but must hold at least two regular meetings each month. The Clerk shall call special meetings of the Council upon request of the Mayor or any two members. Requests for special meetings shall state the subjects to be considered and no other subject shall be considered at a special meeting except by consent of all members of the Council. All meetings of the Council and of committees thereof shall be open to the public, and the rules of the council shall provide that citizens of the City shall have a reasonable opportunity to be heard at any meetings in regard to any matter being considered thereat. Is hereby amended to read as follows: The Council shall meet at the times and places fixed by resolution or ordinance, but must hold at least two regular meetings each month. The Clerk shall call special meetings of the Council upon request of the Mayor a majority of the Council upon written request. of any two mcmbcrs. Requests for special meetings shall state the subjects to be considered;and no final disposition shall be taken by Council on any other subjects other than the subjects stated in the notice. othcr subjcct shall be considcrcd at a cpccial mooting oxcopt by concont of all mombors of tho Council. All meetings of the Council and of committees thereof shall be open to the public, and the rules of the council shall provide that residents sus of the City shall have a reasonable opportunity to be heard at any meetings in regard to any matter being considered thereat, except as otherwise provided by state law. Article VI, Section 2 of the Charter, which reads as follows: Ordinances making the annual tax levy or relating to local improvements or assessments therefore, or making appropriations, emergency ordinances, or ordinances adopted by vote of the electors shall take effect at the time indicated therein; all other ordinances shall take effect 30 days after the date of the publication thereof as herein provided. An emergency ordinance is one to provide for the immediate preservation of the public peace, property, health or safety. The unanimous vote of the Council shall be necessary for the passage of an emergency ordinances. No measure making or amending a grant, renewal, or extension of a franchise or other special privileged shall ever be passed as an emergency measure. Is hereby amended to read as follows: Ordinances making the annual tax levy or relating to local improvements or assessments therefore, or making appropriations, emergency ordinances, or ordinances adopted by vote of the electors shall take effect at the time indicated therein; all other ordinances shall take effect 30 days after the date of the publication thereof as herein provided. An emergency ordinance is one to provide for the immediate preservation of the public peace, property, health or safety. The unanimous vote of the Council members present at a meeting shall be necessary for the passage of an emergency ordinances. No measure making or amending a grant, renewal, or extension of a franchise or other special privileged shall ever be passed as an emergency measure. 2 20 Article VI, Section 6 of the Charter, which reads as follows: Any purchase of supplies, material, equipment or services, except for public work or improvement, where the cost thereof exceeds a specific sum to be set by ordinance within the limits established by State law shall be made upon call for bids in the same method and under the same conditions as required herein on a call for bids for public work or improvement. This monetary limit for the purpose of supplies, material, equipment and services may be increased from time to time, but no more often than one time in any twenty-four month period, by ordinance enacted by the vote of no less than a two-thirds majority of the City Council members, up to, but in no case to exceed any amount allowed by State law. In the event of an emergency declared by resolution of the City Council, any purchase of supplies, material, equipment or service may be made without calling for bids. Is hereby amended to read as follows: Any purchase of supplies, material, equipment or services, except for public work or improvement, where the cost thereof exceeds a specific sum to be set by ordinance within the limits established by State law shall be made upon call for bids in the samc method and under these conditions as established by state law and ordinance. rcquircd hcrcin on a call for bids for public work or improvomont. This monetary limit for the purpose of supplies, material, equipment and services may be increased from time to time, but no more often than one time in any twenty-four month period, by ordinance enacted by the vote of no less than a two-thirds majority of the City Council members present at a meeting, up to, but in no case to exceed any amount allowed by State law. In the event of an emergency declared by resolution of the City Council, any purchase of supplies, material, equipment or service may be made without calling for bids. Article VII, Section 6 of the Charter, which reads as follows: The City Council shall make no appropriation in aid of any corporation, person or society not expressly authorized by this charter. Is hereby amended to read as follows: The City Council shall make no appropriation in aid of any corporation, person or society not expressly authorized by this charter or allowed by law. Article XIII of the Charter, which reads as follows: This charter may be amended in the manner provided by the laws of the State of Washington. Special elections for amending this charter may be called by the City Council or shall be called upon petition of qualified voters of the City of a number not less than fifteen percent of the total number of votes cast at the last preceding general state election, and otherwise as set forth in State law. Is hereby amended to read as follows: This charter may be amended in the manner provided by the laws of the State of Washington. Spocial oloctions for amonding this chartor Proposed charter amendments may be called by the City Council or shall be called upon petition of qualified voters of the City of a number not less than fifteen percent of the total number of votes cast at the last 3 21 preceding general state election, and otherwise as set forth in State law. Proposed charter amendments shall be submitted to the voters at the next general municipal election in accordance with applicable state law. Article XV, Section 15, which reads as follows: The right of any person to an appointment or promotion to any position in classified service of the City shall not be withheld because of his race, color, religion, national origin, political affiliation or belief, nor shall any person be dismissed, demoted, transferred or reduced in grade for such reason. Is hereby amended to read as follows: The right of any person to an appointment or promotion to any position in classified service of the City shall not be withheld from a qualified candidate because of their hie race, color, sex, age, sexual orientation, gender identity or expression, mental or physical disability, religion, national origin, political affiliation or belief, or military status, nor shall any person be dismissed, demoted, transferred or reduced in grade for such reason. Section 2. The City Council desires to place a Proposition before the qualified electors with regards to the proposed City Charter amendments contained in Section 1 of this ordinance. The ballot title for the Charter amendments to be submitted to the qualified electors in accordance with Section 1 of this ordinance, to be submitted at the November 2, 2021, regular municipal general election, shall be substantially as follows, and in such final form of concise statement as may be prepared by the City Attorney consistent with RCW 29A.36.071: PROPOSITION NO. 4 ADOPTION OF AMENDMENT TO CHARTER OF THE CITY OF YAKIMA PROPOSITION NO. 1 concerns an amendment of the City of Yakima Charter. This amendment would amend Section 5 of Article II; Sections 2 and 6 of Article VI; Section 6 of Article VII; Article XIII; and Section 15 of Article XV; which would conform sections to state law; and make corrective and clarifying amendments to the Charter. Should this proposition be approved? YES ❑ NO ❑ Section 3. The City Manager and City Attorney are authorized to make such minor adjustments to the wording of such proposition as may be recommended by the Yakima County Auditor, provided the intent of the proposition remains clear and consistent with the intent of this resolution. Section 4. Local Voters' Pamphlet Authorized. The preparation and distribution of a local voters' pamphlet providing information on the foregoing ballot measure is hereby authorized. The pamphlet shall include arguments advocating approval and disapproval of the ballot measure. In accordance with RCW 29A.32.280, the arguments advocating approval and rejection of the ballot measure shall be prepared by committees appointed by the City Council by resolution not later than forty-five days before the publication of the pamphlet. Each committee shall be composed 4 22 of not more than three persons, however, a committee may seek the advice of any person or persons. The committee advocating approval shall be composed of persons known to favor the ballot measure, and the committee advocating rejection shall be composed of persons known to oppose the ballot measure. Section 5. Corrections by City Clerk. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors, references to other local, state or federal laws, codes, rules, or regulations, or resolution numbering and section/subsection numbering. Section 6. Severability. If any one or more sections, subsections or sentences of this resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. Section 7. Effective Date. This resolution shall become effective immediately after its adoption. Section 8. The City Clerk is authorized and directed to file a certified copy of this resolution with the Yakima County Auditor. ADOPTED BY THE CITY COUNCIL this 20th day of July, 2021. Patricia Byers, Mayor ATTEST: Sonya Clear Tee, City Clerk 5