HomeMy WebLinkAbout08/18/2009 07 0.3% Sales Tax Continutation - Hearing BUSINESS OF THE CITY COUNCIL
• YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No: '7
•
For Meeting Of: August 18, 2009
ITEM TITLE: Hearing on the continuation of 0.3% Sales Tax for Law and Justice needs,
if approved by voters on November 3, 2009
SUBMITTED. BY: Assistant City Manager Dave Zabel!
CONTACT PERSON/TELEPHONE:. Dave Zabell, Assistant City Manager (575 -6040)
Sam Granato, Police Chief (575 -6178)
Kelly Olwell, Municipal Court Judge (575 -3050)
Jeff Cutter, City Attorney (575 -6030)
Rita DeBord, Finance Director (575 -6070) •
SUMMARY EXPLANATION: The County Commissioner's have placed on the November ballot a
proposal to maintain the .3% sales tax throughout the County for law and justice needs. The
present .3% levy will expire December 31, 2010, with the proposed levy running from 2011 through
December 31, 2016. Should voters approve this measure, the total revenue received throughout '
the County is estimated to be $6.9 million. Of this amount, the City estimates it would receive
approximately $1.5 million annually, or 22% of total revenues collected through this tax. The
remaining funds would be apportioned to the County and other Yakima County cities.
0 The purpose of this hearing is to report to the public how the City has utilized the 0.3% monies
over the past several years, to discuss the importance of maintaining this source of public safety
funding, and to allow the public an opportunity to provide input to the City Council. In addition, the
City Council may or may not choose to endorse the 0.3% ballot measure. A public hearing is
necessary should Council desire to do so now or in the future; this hearing will satisfy that
prerequisite.
Continuation of the 0.3% sales tax is critical to retaining the police officers funded by this tax, as is
the other critical elements of the local law and justice elements, such as; prosecuting attorneys
and support staff, court staff, and emergency communications. For your review and discussion,
the following information is attached: information from the County; City of Yakima Criminal Justice
Sales Tax expenditures and revenues from 2005 -2009; memorandums from the Yakima Police
Department, City Prosecutor, Animal Control and a copy of the notice of this public hearing.
Resolution Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: - z ,rz----e —!City Manager
AFF RECOMMENDATION: Determine whether or not to take a formal position as a City
Council with respect to the 0.3% Sales Tax for Law and Justice to be placed on the November
• 3, 2009 ballot.
•
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
•
•
' OF YAIUMA COUNTY COMMISSIONERS
• IN THE MATTER OF CALLING FOR AN
ELECTION ON THE LEVY OF A COUNTY )
SPECIAL PURPOSE SALES AND USE TAX ) RESOLUTION 360 -2009
FOR CRIMINAL JUSTICE AND PUBLIC ) •
SAFETY PURPOSES
WHEREAS, at the November 2, 2004 General Election the voters for Yakima County approved Proposition No.
1, imposing a local sales and use tax for criminal justice purposes in an annount equal to three- tenths of one percent (03%)
for collection commencing in 2005 and continuing through 2010, pursuant to the provisions of RCW 82.14.450 ("the
Act"); and,
WHEREAS, the criminal juice sales tax generates approximately $6, 930,000.00 in annual revenue 40 percent
of which is distributed on a per capita basis to cities and towns and 60 percent of which is retained by the County to
support county -wide law enforcement, public safety and criminal justices services; and,
WHEREAS, the annual distrlburtion of criminal justice sales tax proceeds is approximately as follows:
Yakima County $4,200,000 Sunnyside 2 I ,000
Grandview 170,000 Tieton 23,000
Granger . 55,000 Toppenish 175,000
Harrah 12,000 Union Gap 110,000
Mabton 40,000 Wapato 88,000
Moxee 20,000 Yakima 1,550,000
Neches 17,000 Zillah 50,000
Selah 140,000
r Wes, the Act provides that at least "one-third" of all money received under this section shall be
u s e d s o l e l y f o r t h e criminal j u s t i c e purges ... [ which] means additional police protection, mitigation of
congested court systems, or relief of overcrowded jails or other local correction facilities"; and,
the Act funherprovides that funds raised under the criminal justice sales tax shall not
supplant existing fainds used for criminal jib purposes; and,
WHEREAS, revenue from the c riruinal justice sales tax has been used to fund approximately 98 criminal
justice system positions in Yakima County including: 17 Sherifrs deputies, 18 city and town police officers; 18
Yakima County Prosecutors Offace employees; 30 Yakima County court system employees, including deputy
clerks as well as Superior, District and Juvenile Court personnel; 5.5 City of Yakima prosecutor's office
employees; 8 Department of County Assigned Counsel employees; as well as providing additional law
enforcement coverage hours for the City of Neches and the Town of Harrah; and,
WHEREAS, proceeds from the criminal justice sales tax have been used to provide improved equipment
for law enforcement agencies, including twenty-four police vehicles; and,
WHEREAS, proceeds from the criminal justice sales tax have allowed the opening and operation of the
Lower Valley District Court and the opening and operation of additional detention facilities at the Yakima County
Juvenile Detention Facility, and,
WHEREAS, the County Law and Justice Committee consisting of the Sheriff, Prosecuting Attorney,
County Clerk, Director of the went of Assigned Counsel, and the Court Administrator, has recommended
that the Board call an election on the question of renewal of the criminal justice sales tax one year prior to the
expiration of the current tan in order to fact itafe planning and provide a stable source of funding for local law
enforcement and,
WHEREAS, the Board finds that the criminal justice sales tax has proven to be a successful and
()invaluable tool for addressing the crikeinal justice problems facing Yakima County and its cities and towns; and,
it is the judgment of the Board that a special tax levy of this kind should not be indefinite in
daaation, and that 6 years is a suitable duration in the absence of fiartker action by the voters; and,
it is further the judgment of the Board that in order to insure public accountability, all 0
jurisdictions receiving criminal justice sales tax funds shall maintain them in an account separate from other fimds
and prepare an annual report of all funds received, itemized expenditures, and revenue balance which shall be
provided to the public at no charge; and,
WHEREAS, it appears that the beat interest of the people in Yakima County would be served by
submitting to the affected voters the determination whether or not to authorize a extension of the sales and use tax
to fund public safety and criminal justice services; now, therefore,
;; 1E rr HEREBY RESOLVED by the : oard of Yakizna County Commissioners that a county wide
election be hold on November 3, 2009, for the purpose of submitting to the affected voters the determination of
whether or not to authorize a sales and use tax at the rate of three- tenths of one percent (0.3%), to be levied
beghming in 20111 and continuing until December 31, 2016, the proceeds to be shared by the County and the cities
within the County for public safety and criminal justice services; and,
,.1111; IIT ➢ URTHER RIESOLVIKD that the Yakima County Auditor is hereby requested to place a
proposition on the November 3, 2009 ballot in substantially the following form:
PROPOSITION NO. 1
YAKIMA COUNTY
LOCAL SALES AND USE TAX FOR CRIMINAL JUSTICE SERVICES
The Board of Yakima County Commissioners adopted Resolution 360- 2009 concerning a proposition to
help fund the Sheriffs Office, local police departments and other public safety and criminal justice
services. This ballot proposition, if approved, will authorize the continued imposition within Yakima
County of a sales and use tax equal to three- tenths of one percent (03 %) for collection commencing in
2011 and continuing through 2016, to provide fimds to make improvements to public safety and criminal
justice services, and to hire county and city law enforcement officers. Should this proposition be:
Approved
Rejected
BE IT FURTHER RESOLVED that Yakima County dedicate one htmdzed percent of the County's share of
revenue generated by a proposed sales and use tax to County law enforcement and criminal justice purposes, as
recommended by the County Law and Justice Committee. The Committee has recommended expenditures for the Sheriff,
Prig Attorney, Department of Assigned Counsel, County Clerk and Superior, Juvenile and District Courts; and,
BE IT FURTHER RESOLD that the Clerk of the Board is directed to provide a copy of this resolution to the
Yakima County Auditor, and each city and town council in Yakima County.
DONE this 21 day of July, 2009.
`c�a >>nurPltt' J. ao rn Elliott, Chairman
• o��o of 41. W �; � � ■
S t ""'' Y � iVlic hael D. Leita, Commissioner
ter: • °
S 1 1 ; °
Ate Tiera L. Girard -11
`^ ouchey, Commissioner
Deputy Clerk ofthe Board t he Board qtanotry C
jar Yakima County. Washingte n
11111
City of Yakima
• Criminal Justice Sales Tax - .3% Expenditures and Revei' es 2005 2009
August 13, 2009
2009
2005 2006 2007 2008 Year -End
Actual Actual Actual Actual Estimate
General Fund:
Police Department
Salaries & Benefits (includes overtime) $197,957 $455,878 $551,699 $601,047 $630,880
Miscellaneous (uniform/fuel/travel) 14,436 111,659 146,601 216,920 288,060
Liability Insurance ' 5,000 5,750 6,325 6,641 6,973
Professional Services/R &M Contractors 0 90,574 6,322 14,969 15,000
Yakima County Jail Cost 65,804 415,852 423,000 395,818 463,500
Total Police Department 283,197 1,079,713 1,133,947 1,235,395 1,404,413
The .3% Criminal Justice funds support six full time Patrol Officers including, all wages, overtime, uniforms, supplies, insurance and
training expenses. Additionally, these funds are used for repairs, maintenance, communications and fuel used for additional patrols.
A portion of the increased Jail costs are also paid out of this fund.
Municipal Court -
Salaries & Benefits (includes overtime) 24,772 64,150 49,669 116,485 176,101
Professional Services 26,730 70,431 72,054 49,518 48,000
Miscellaneous (office supplies /travel/dues) 3,939 0 248 6,740 18,000
Other Expenses (Crime Victims Comp) 0 6,872 0 0
Total Municipal Court 55,441 141,453 121,971 0 e 172,743 242,101
Criminal Justice funds support two Municipal Court Clerk positions and a 3/4 -time Court Commissioner including all wages,
overtime, supplies and training. Additionally, this fund supports building security, interpreter services and witness and juror fees
associated with processing the court's caseload.
Legal Dept
Salaries & Benefits (includes overtime) 29,635 99,941 99,667 127,097 157,017
Professional Services 8,480 0 0 12,443 5,000
Miscellaneous (office supplies /travel/dues) 0 2,216 2,869 2,635 3,500
Total Legal Department 38,115 102,157 102,535 142,175 165,517
The .3% Criminal Justice Sales Tax is being used to supplement criminal justice functions throughout Yakima County. This money
fully funds one Legal Assistant II position, one Assistant City Attorney II position including mandatory continuing legal education
expenses and dues and subscriptions for required Associations.
Information Systems
Salaries & Benefits (includes overtime) 27,804 • 28,711 27,849 37,895 29,937
Small. Tools & Equipment • • 0 41,166 40,100 56,182 0
Miscellaneous 0 0 0 10,493 12,000
Professional Services/R & M Contractors 7,461 0 0 903 1,000
Data Processing Equipment - 0 0 25,471 15,704 0
Total Information System 35,265 69,877 93,420 121,177 42,937
The portion of the .3% Criminal Justice Sales Tax allocated to Information Systems is used to enhance the effectiveness of the law
iiiin orcement and other Criminal Justice personnel through the expanded use of technology. Currently, the emphasis is on mobile
ology for the patrol officers. In 2008 Approximately one third of these funds are budgeted for temporary salaries used to support
e mobile computing and technology infrastructure that has been expanded and enhanced through Criminal Justice Tax over the last
two years. .
WLA 8/132009 3:00 PM - .3 %CJ- financial & narrative (2)
City of Yakima
Criminal Justice Sales Tax - .3% Expenditures and Revenues 2005 - 2009
August 13, 2009
200
2005 2006 2007 2008 Year -End
Actual Actual Actual Actual Estimate
Animal Control/Codes
Salaries & Benefits (includes overtime) 21,732 59,393 62,988 57,211 70,763
Miscellaneous (uniforms /supplies /fuel/cellular phone) 0 2,303 3,965 3,671 3,400
Total Animal Control/Codes 21,732 61,696 66,953 60,882 74,163
The .3% Criminal Justice Funds support one full -time Animal Control Officer including all wages, overtime, supplies and
communication necessary for this position.
Human Resources
Professional Services (employee recruitment) 2,554 10,936 11,340 7,100 7,500
The .3% Criminal Justice funds are used to provide for contract services, testing and other necessary recruitment costs for positions
funded by the criminal justice sales tax.
General Fund Total expenditures $436,304 $1,465,832 $1,530,166 $1,739,472 $1,936,631
Other Funds:
Public Safety Communication
Salaries & Benefits (includes overtime) $4,508 $3,008 $56,869 $129,522 $146,9
General Operations Support 0 67,817 0 0
Miscellaneous (uniforms /supplies /fuel/cellular phone) 0 4,978 0 0
Small Tools & Equipment 0 0 0 3,580 6,760
Total Public Safety Communication 4,508 75,803 56,869 133,102 153,663
Criminal Justice funds allocated to this department are used for additional positions necessary to accommodate the increased
workload generated by law enforcement activities. These funds provide for one full-time call taker and two full -time vehicle
maintenance attendants including all wages, overtime and supplies.
Law & Justice
Small Tools & Equipment $43,194 $134,282 $5,459 $6,611 $55,000
Operating Equipment 0 0 0 7,931 31,000
Vehicles 39,436 25,000 81,316 0
Capital Outlay 0 16,616 168,369 0
Total Law & Justice 82,630 175,898 255,143 14,542 86,000
The .3% Criminal Justice funds support Capital expenses related to the new positions, technology and services created with this tax.
In 2008 the funds were budgeted to purchase furniture for the new court commissioner and provide matching funds for a grant that
will provide laboratory equipment for the crime lab.
Total Expenditures $523,442 $1,717,533 $1,842,178 $1,887,116 $2,176,294
Revenue $935,203 $1,691,359 $1,797,194 $1,901,925 $1,850,
Revenue over (Under) Expenditures $411,761 ($26,174) ($44,985) $14,809 ($325,994)
Cumulative Balance $411,761 $385,587 $340,602 $355,411 $29,417
WLA 8/13/2009 3:00 PM - .3 %CJ- financial & narrative (2)
City of Yakima 200 S. 3' Street i��!%''
Police Department
Yakima, Washington 98901 ���;„ 0
Sam Granato, Chief of Police Telephone (509)575 -6200 Fax (509)575 -6007 ∎;``O 'e)
emorandum
August 12, 2009
TO: Chief Sam Granato
FROM: Capt. J. Schneider
SUBJECT: 2009 Police Department 3/10% Tax Expenditures
The 3/10% tax revenue is collected and distributed by a formula set forth by State Law. The
formula is Yakima County gets 60% of the revenue and all cities in the County share the
remaining 40% on a per capita basis. For 2009 the Yakima Police Department's share of this
revenue is $1,358,832.
The Police Department pays the salary and benefits of five police officers, one police
detective and our Forensics Lab Manager from this revenue, for a total of $559,299 (41% of
ill the YPD share of the fund). The police officers supported by this revenue represent about
4.5% of our total commissioned officer level staffing.
In addition to these positions this revenue supports a portion of the following department
wide expenses:
Jail Housing Contracts $443,500
Fuel $165,000
Overtime $110,000
Supplies, Tools & Equipment$25,000
Uniforms and Clothing $15,000
Professional Services $15,000
Miscellaneous $12,973
Training $6,000
Office & Operating Supplies $5,000
Cell Phones $2,060
It is absolutely critical to note that many of these expenses, notably jail housing, fuel and
overtime support the entire Department, not just the seven directly supported positions noted
above. Loss of this tax revenue would result in a loss of personnel far in excess of the seven
directly supported positions.
C TY OF 1 V
LEG S "'L
DEPAe T ENT
200 South Third Street, Yakima, WA 98901 -2830 (Phone) 509 - 575 -6033 (Fax) 509 - 575 -6160
August, 14, 2009
TO: Dick Zais, City Manager
Jeff Cutter, City Attorney
FROM: Cynthia Martinez, Senior Assistant City Attorney
SUBJECT: 2009 Prosecution Division .03% Criminal Justice Sales Tax
Expenditures
In 2009, the Prosecution Division of the Legal Department received
$167,864. of the .03% Criminal Justice Sales Tax proceeds. This money is used
1111)
to fully fund two full -time staff members, a prosecutor and a legal assistant. The
additional prosecutor and legal assistant represent 28% of the Prosecution
Division staffing.
These positions are essential to handle the large criminal caseload and
cover all Municipal Court dockets. Last year the Prosecution Division prosecuted
6,032 cases, handled 2717 probation violation matters, and appeared in over
12,500 hearings. Each prosecutor and legal assistant is handling a caseload of
over 2,300 cases a year. The American Prosecutors Research Institute and
Office of Justice Programs recommend that a prosecutor handle no more than
400 -590 misdemeanor cases a year.
At the time of the passage of the .03% Criminal Justice Sales Tax
Initiative, the additional staffing allowed the Prosecution Division to reduce
caseloads to a more manageable 1,500 cases per prosecutor. However, the
reduction was short- lived; as the additional police officers cracked down on
crime, the criminal caseload surged. While felony level crime is down in the Cit7
of Yakima, misdemeanor crime remains constant, experiencing yearly growth`.
A 28% reduction in staffing at current caseload levels would devastate the
Prosecution Division.
How Many Cases Should a Prosecutor Handle? Results of the National Workload Assessment Project,
Chapter 5, American Prosecutors Research Institute, 2002.
2 First six months of 2009 indicate a slight growth in criminal cases from 2008.
cim/2009three- tenths
111 August 10, 2009
MEMORANDUM
To: Dave Zabell, Assistant City Manager
Rita DeBord, Finance Director
From: Bill Cook, Director of Community & Economic Development
Subject: Animal Control Officer Position funded by .03%
Criminal Justice Sales Tax Initiative
The approval of the .03% Criminal Justice Sales Tax Initiative in 2005 created a new Animal Control
Officer position within the Code Administration Division. Officer Roy Munoz was hired in August,
2005, which increased the City's Animal Control force to three full time field officers. Funding for this
officer totals $75,025 for 2009, including salary, benefits, equipment and vehicle costs. The addition of
Officer Munoz has given the City a much needed boost in animal control coverage. The third officer
provides a higher capacity for enforcement which reduces response times to calls, allows for emphasis
patrols of parks, schools and the Greenway, as well as increased enforcement of high- priority violations,
such as banned or dangerous animals. Since the addition of the third officer nearly 500 Pitbulls have
been impounded within City limits. In addition, response times are reduced to Yakima Police
• Department requests for assistance, as well as requests for backup from other Animal Control Officers.
Maintaining adequate Animal Control enforcement helps provide a safer community.
r
USINESS OF THE CITY COW 'CIL
YAKIMA, WASHINGTON 41111
AGENDA STATEMENT
Item No.
For Meeting Of August 4, 2009
ITEM TITLE: Set date of Public Hearing for August 18, 2009 to consider the
County's proposal of a 0.3% sales tax increase placed on the
November 3, 2009 ballot for criminal justice services
SUBMITTED BY: City Management
CONTACT PERSON/TELEPHONE: Chief Sam Granato, 575 -6178
SUMMARY EXPLANATION:
This action would set August 18, 2009 as the date of a public hearing regarding the November
ballot measure, which, if passed by voters, would increase sales tax 0.3 %.
Resolution Ordinance Other (Specify) Public Hearing Set Date
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION:
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
0
)(AMNIA CITY COUNCIL
NOTICE OF PUBLIC HEARING
Use of 0.3% Sales and Use Tax Increase re
Proposition No. 1: Local Sales and Use Tax For Criminal Justice Services
NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public
hearing on Tuesday, August 18, 2009 at 7:00 p.m., or as soon thereafter as the matter
may heard, in the Council Chambers at Yakima City Hall, 129 North 2n Street, Yakima,
Washington. The purpose of the hearing is to obtain citizen comments on use of the
revenue that would be derived from the 0.3% sales and use tax increase if Proposition
No. 1, a proposition to increase local sales and use tax by 0.3% for criminal justice
services, is approved by the voters.
The ballot title for Proposition No. 1 reads in substantially the following form:
"YAKIMA COUNTY
LOCAL SALES AND USE TAX FOR CRIMINAL JUSTICE SERVICES
The Board of Yakima County Commissioners adopted Resolution No. 360 -2009
concerning a proposition to help fund the Sheriffs Office, local police departments and
other public safety and criminal justice services. The ballot proposition, if approved, will
authorize the continued imposition within Yakima County of a sales and use tax equal to
three -tenths of one percent (0.3 %) for collection commencing in 2011 and continuing
through 2016, to provide funds to make improvements to public safety and criminal
justice services, and to hire county and city law enforcement officers. Should this
proposition be:
Approved
Rejected"
Any citizen wishing to comment on the use of the revenue that would be derived
from the 0.3% sales and use tax increase is welcome to attend the public hearing.
Citizens may also submit written comments to the City Council in two ways:
1) Send a letter via regular mail to "Yakima City Council, 129 North
2nd Street, Yakima, WA 98901"; or,
2) E -mail your comments to ccouncil@ci.vakima.wa.us. include in
the e-mail subject line, "Sales Tax Funds."
Dated this 4 day of August, 2009.
Deborah Moore
City Clerk
Publish once on Friday, August 7, 2009 and once on Sunday, August 16, 2009.
• Charge to Account Number 10952