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Home My WebLink About01/19/2016 09 Yakima School District No. 7 Replacement Maintenance and Operation Levy; Proposition No. 1 SupportBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 9. For Meeting of: January 19, 2016 ITEM TITLE: Resolution in support of Yakima School District's ballot measure entitled "Proposition No. 1, Yakima School District No. 7's replacement maintenance and operations bond," set for approval by the electorate on February 9, 2016 SUBMITTED BY: Mark Kunker, Acting City Attorney SUMMARY EXPLANATION: At the City Council's regular meeting on January 5, 2016, the City Council presented a proclamation declaring School Board Recognition Month. Members of the Board of Yakima School District No. 7 were present to receive and support the proclamation, and commented that the School District was seeking approval of its Replacement Maintenance and Operation Levy, set as Proposition No. 1 for the February 9, 2016 election. Upon conclusion of the proclamation, it was moved and seconded that the City Council support the upcoming ballot measure. During discussion, it was noted that previous City Councils had developed a policy governing Council actions supporting ballot measures, but that, being a policy, such policy could be waived or altered. After discussion, and some statements of concern regarding proper procedure to consider support of a ballot measure, the motion to support the School District's ballot measure was approved by a 4-3 vote. Having had an opportunity to review the former Council Policy and the provisions of RCW 42.17A.555 (copy attached), we recommend that the City Council revisit this item at its January 19, 2016 regular Council Meeting. The provisions of the former Policy may be waived or altered, but the provisions of the statute require at a minimum that (a) consideration of any action to support a ballot measure occur at a public meeting; (b) that the item be designated with a title stating the ballot proposition number and ballot title; and (c) that the public be given an opportunity to provide comment in support or opposition to the measure. At the conclusion of the public comment and Council discussion, the City Council may consider action in support of the measure. We have prepared a Resolution in support of the ballot measure, and have given notice of the proposition number and ballot title in the Agenda Item. If the City Council finds and determines, following the public comment, that the School District's ballot measure should be supported, the Resolution may be adopted by motion. Staff recommends that the City Council open the Agenda Item with a motion and second to approve the Resolution, and then open the item for public comment. Following such public comment, the City Council may discuss and vote to approve or reject the Resolution. ITEM BUDGETED: NA STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL: Interim City Manager STAFF RECOMMENDATION: Receive public comment, consider Resolution of support. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D resdunliorn 1/8/2016 Resollunlioirn D rcw 1/8/2016 Resollunlioirn A RESOLUTION RESOLUTION NO. R -2016 - supporting Yakima School District No. 7's ballot measure, entitled Proposition No. 1, "Yakima School District No. 7 Replacement Maintenance and Operation Levy," set for February 9, 2016 election WHEREAS, the City Council of the City of Yakima has scheduled and held a regular public meeting on January 19, 2016 for the purpose of considering this declaration of support for Yakima School District No. 7's ballot Proposition No. 1, entitled "Yakima School District No. 7 Replacement and Maintenance and Operation Levy" (hereafter "ballot measure"), currently set for a vote of the electorate on the February 9, 2016 election; and WHEREAS, pursuant to RCW 42.17A.555, the City Council, as part of its public meeting herein, has provided a full and fair opportunity for public comment in support or opposition to such ballot measure; and WHEREAS, the City Council, having considered the ballot measure and all comment, evidence and testimony presented at the public meeting herein, finds and determines that the City Council should express its support of the ballot measure; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council hereby states its support of Proposition No. 1, "Yakima School District No. 7 Replacement and Maintenance and Operation Levy" set for vote by the electorate on February 9, 2016. The City Manager is hereby authorized to communicate this Resolution of support to Yakima School District No. 7 and any other appropriate party or agency. ADOPTED BY THE CITY COUNCIL this 19th day of January, 2016. ATTEST: Avina Gutierrez, Mayor Sonya Claar Tee, City Clerk 42.17A.555. Use of public office or agency facilities in..., WA ST 42.17A.555 West's Revised Code of Washington Annotated Title 42. Public Officers and Agencies (Refs & Annos) Chapter 42.17A. Campaign Disclosure and Contribution (Refs & Annos) Public Officials', Employees', and AgenciesCampaign Restrictions and Prohibitions—Reporting West's RCWA 42,i7A.555 42.17A.555. Use of public office or agency facilities in campaigns--Prohibition--Exceptions Effective: January 1, 2012 Currentness No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency. However, this does not apply to the following activities: (1) Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) arty required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view; (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; (3) Activities which are part of the normal and regular conduct of the office or agency. (4) This section does not apply to any person who is a state officer or state employee as defined in RCW 42.52.010, Credits [2010 c 204 § 70], eff. Jan. 1, 2012; 2006 c 215 § 2, eff. June 7, 2006; 1979 ex.s. c 265 § 2; 1975-'76 2nd ex,s. c 112 § 6; 1973 c 1 § 13 (Initiative Measure No. 276, approved November 7, 1972). Formerly R.CW 42,17.130.] Notes of Decisions (19) West's RCWA 42.17A.555, WA ST 42.17A.555 Current with all laws from the 2015 Regular and Special Sessions and Laws 2016, chs. 1 and 2 WestNet f 2016 Th0111'6011 Routers, No claim to origirial Government Works. Maintenance & Operations Levy • This is a replacement "maintenance and operations" (M&O) levy for 2017 thru 2020. It replaces the four-year levy which expires at the end of 2016 • It is not a new tax • It is not a bond issue for new school buildings or upgrades • Amounts collected under the levy will decrease during the first year, 2017 The property tax rate is projected to remain stable and below the 2016 level during all four years II Yakima's local share is expected to be matched greater than 100% by state Levy Equalization funds These funds are not received unless the local levy passes. II The levy will continue to pay for basic education costs which are not fully funded by the state's appropriation to public schools. Examples include • STEM (Science, Technology, Engineering, and Math) instruction • Athletics, music, arts, drama, and student enrichment programs • Special education • Student transportation • Help for struggling students in reading, writing, and math • School nurses • School security officers (police and others) • Smaller class sizes voteol'� Yakma Kids P 0 Box 183, Yakima, WA 98907 Maintenance & Operations Levy TUESDAY FEB.9 2 0 1 6 Thanks for your support of Yakima's Kids! This postcard and all Yes for Yakima Kids promotional material is sponsored by the Yakima Citizens Special Elections Committee and funded through private donations