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HomeMy WebLinkAbout11/03/2009 03C-3 Citizen Service Request Response RE: Proposed Revisions to the City Charter 0 LEGAL, DFPAR aaig WiNra MEMORANDUM October 29, 2009 TO: Honorable Mayor and Members of the City Council FROM: Helen A. Harvey, Senior Assistant City Attorney SUBJ: City Charter On October 20, 2009, an issue was raised during audience participation at the City Council business meeting about the Charter of the City of Yakima. As described in the written submission that was submitted in audience participation, the question is: "1 would 'like to request a list of all amendments, revisions, and ordinances that amend or modify the above Charter from April 1, 1986 to the present? This memo very briefly addresses the question that was raised during audience participation. In response to this request, the City Clerk's Office searched its records, and the Clerk's Office has advised that there were two proposed Charter amendments voted on from April 1, 1986 to the present, in 1988 and 1990. Both proposed amendments to the Charter did not pass. One Charter provision provides that the monetary amount relating to bidding may be increased by ordinance. Article VI, Section 6 of the City Charter states: "This mone limit . . 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, to any amount allowed by state law." Memo to the City Council October 29, 2009 Page 2 The Charter provides a monetary amount of 82,000 that requires bidding. Pursuant to Article VI, Section 6 of the Charter, that amount has been increased by ordinance, most recently in 1993 (Ordinance No. 93-49; Yakima Municipal Code 1.80.040). Another provision of the City Charter (Article II, Section 4) dealing with compensation of the Council members has been preempted by State law. RCW 35.22,205 states: "The compensation and the time to be devoted to the performance of the duties of the mayor and elected officials of all cities of the first class shall be as fixed by ordinance of said city irrespective of any city charter provisions." Pursuant to RCW 35.22.205, Council compensation has been increased by ordinance, most recently in 2005 (Ordinance No. 2005-35; Yakima Municipal Code 2.20.094). One provision in the City Charter requiring a vote on franchises to occupy or use streets and public places was preempted by federal law as it specifically relates to telecommunications companies. The court ruled that the provision in Article XI, Section 2 of the City Charter that required majority approval by the voters prior to the issuance of any franchise to a facilities-based telecommunications provider had been preempted by Congress in the federal Telecommunications Act of 1996. Regarding the question asked about the process to amend the Charter, amendments are discussed in Article XIII. Charter amendments also are discussed in the Washington Constitution, Article 11, Section 10, as amended by amendment 40. Yakima is a first class city, and state law provides the guidelines for Charter amendments for a first class city. See RCW 35.22.120-.195. RCW 35.22.120 states: "RCW 35.22.120. Petition for submission of ch: er amendment On petition of a number (equal to fifteen percent of the total number of votes cast at the last preceding general state election) of qualified voters of any municipality having adopted a charter under the laws of this state, asking the adoption of a specified charter amendment, providing for any matter within the realm of local affairs, or municipal business, the said amendment shall be submitted to the voters at the next regular municipal election, occurring thirty days Memo to the City Council October 29, 2009 Page 3 or more after said petition is filed, and if approved by a majority of the local electors of the municipality voting upon it, such arnendment shall become a part of the charter organic law governing such municipality." State law also provides for another process that involves the election of a board of fifteen freeholders for the purpose of "preparing a new charter for the city by altering, revising, adding to or repealing the existing charter including all amendments thereto". RCW 35.22.140. This requires a petition of a number of registered voters of a city "equal to twenty-five percent of the total votes cast at the last preceding city election". The Charter, Article XIII, states that elections to consider amendments to the Charter may be called by the City Council. In the past, this has been done through a Resolution of the City Council providing for the submittal to the electors of the City of Yakima, at an election, of a proposition on whether an article or articles of the Charter should be amended. ��°� Charter � �� 0w�m� 4RTl[LEXDI Amendments SECTION 1. This charter may be amended in the manner provided by the laws of the State of Washington. In addition thereto the City Commission may provide by ordinance for a special elecUon to be held on the first Monday in December, 1931, at which time amendments to this charter may be submitted: Provided, that if a petition for such election signed by not less than 580 qualified voters of the City shall be submitted not less than 30 days prior thereto, then the City [omm/oolon shall be required to call such election. At the said special election the City Commission may submit other questions which In its judgment should be determined by the people. In subsequent years special elections For amending this charter may be called by the City Commission or shall be called upon petition of not less than 500 qualified voters, • • • Page 2 of 2 V\ Page West's DCY/A3522J2D � West's Revised Code of Washington Annotated Currentness Title 35. Ciiics and Towns (Refs & Annos) 'cioChupux 35.22. First Class Cities (Refs & Annos) +35.22.120. Petition for submission of chartcr amendrnent 0o petition o[e number (equal mfifteo, percent of the total number o[ votes cast ut ilic last preceding general state election) of qualified voters of any municipality having adopted a charter under the Jaws of this state, ask- ing /boudopdonq[ specified charter amendment, providing for any matter within the realm of local affairs, or municipal business, the said aniendrncnt shall be subrniticd to the voters at the next regular rnunicipal election, occuning thirty days or more a fter said petition is filcd, and if approved by a rnajority oftlic local electors of the municipality voting upon it, such amendment shall become a part of the charter organic law governing such mu- nicipality, CREDIT(S) [\V6Gc7y352Z]2CiPrior: 1949 c 233 § 1; 3 c 19006§ i; Rein, Supp. 1949 § 8963.] HISTORICAL AND STATUTORY NOTES Source: Laws ]0O3,eh, lD6.0 L Laws 1949. ch. 2}] § L 0lSh 8963. West's DCn/4]5.22.\2O.VV&S73l22]2V Current with 2009 Legislation effective through September 1, 2009 • 02UO@ Thomson Reuters. END OF DOCUMENT • ©2009 Thomson Reuters, No Claim to Orig. US Gov. Works, • bUpxYwob2.vvosdaw.000/odnt/nrio\otrcurn.uypx?av=SpUt&sbd=Y67hfhffOci69'53f8 10/29/2000 Page 2 of 2 V\ Page 1 WesbRCx/x 35,22.140 West's Revised Code of Washington Annotated Currentness Title 3l Cities and Towns (Refs 8c Amos) %� Chapter ]5.22. First Class Cities (Refs 86. Annos) � | ! | .+35.22.140. New orrevised charter—Petition—Freeholders On the petition of a number of registered voters of a city equal to twenty-five percent of the total votes cast at the last preceding city election, the city council ofa charter cily shall, or without such pelition may, cause an election to be held for the purpose of electing uboard of fifteen freeholders for the purpose o[ preparing unew charter for the city by altering, revising, adding to or repealing the existing charter including all amendments thereto. The meinbers of the board of freeholders must be qualified electors and must have been residents in the city for a period ofocleast two years prior to their election, AL such election the proposition ofwhether or not a i ) board n[freeholders shall be created at all shall be separately stated on the baflots and unless a majority u[the votes cast upon that proposition favor it, no further steps shall be taken in the proceedings. � CREDIT(S) [1965vx.cc47§ 11; 1965 c 7 § 3I22.140. Prior: 1945 c 55 I, part; |92}*x�nl37O I, part; |805u27§ 1, part; Rem, Supp 1945 § 8955, part.) HISTORICAL AND STATUTORY NOTES Laws lV65 ch. 47.§ 1], in the first scntence, substituted charter city" for "dtyo[ the first class". Source; Laws 1895.db, 27. § 1. Laws |92J.Ex.Sess. O7.h 1. Laws lA45.ch. 55.& 1. RRS § 8955 . West's R_CY/A]5.22.140, WA ST 35.22.140 Current with 2009 Legislation effective through September 1, 2009 2009 Thomson Reuters, END OF DOCUMENT 0> 20O9 Thomson Reuters. No Claim to Orig. US Gov. Works. littp:/hvoh2.v/co\lovv.0000/nrnt/pdo1s\roanz.uqpx?»v=5piit&sdd—V07bfbf0d69'53f8-4208-- 10/20/2009 City Council Meeting 10-20-09 The Charter of the City of Yakima, dated April 1, 1986 which is currently printed and passed out to the general public is .,,incomplete and outdated. • ild:Iike to request a list of alt amendments, revisions, and tiicliiialiCaitliat-fainend or modify the above Charter from • 1 186 to the present. I am also requesting that the City Council look into , updating/revising the City Charter to incorporate all of the above and to update the wording within the Charter (i.e,: City Commission vs. City Council) to reflect the current, not previous, form of city government. This can be done by the Council or by petition of not less than 500 qualified voters, I prefer that the Council due this and prior to the swearing in of any new Council Members. VJftLJh* -- Owsizta- \-( 4, V-1. M k 04.4