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HomeMy WebLinkAboutITEM VIII-B-4A FWASHI NGTON AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4405 Date: October 14, 2008 Department: Attachments: Budget Impact: Legal Resolution No. 4405 Administrative Recommendation: City Council adopt Resolution No. 4405. Background Summary: Pursuant to RCW 42.17.130, state law restricts how or whether cities may use their facilities for support of or opposition to ballot measures. RCW 42.17.130 does, however, authorize city councils to express collective decisions supporting or opposing ballot measures where the action to support or oppose the measure is taken at a public meeting of the city council and so long as the notice for the meeting includes the agenda item of consideration of the ballot measure proposition and members of the legislative body afford an equal opportunity for people to express opposing views. Initiative 985 is an initiative that is scheduled to come before the voters of this state and affect the City of Auburn and its traffic control programs. The text of 1-985 does a number of things which may not be consistent (addressing different problems so that the voters being called to vote for or against the initiative may be motivated by different elements of the initiative). For instance, section 2 of the initiative calls for opening car pool lanes to everyone during non-peak hours. Section 3 of the initiative seeks to amend RCW 47.66.090 so that only those costs necessary to cover construction and operation of toll lanes shall be deposited in the appropriate accounts. Section 5 of the initiative calls for cities to synchronize traffic lights of heavily traveled arterials and streets which section 6 providing a similar call for counties. Section 7 of the initiative calls upon the state auditor to establish performance bench marks to track progress of emergency response organizations in responding to emergencies and traffic obstructions. Section 8 of the initiative redirects revenue from vehicle-related sources to fund opening car pool lanes to everyone during non-peak hours to help fund synchronization of traffic lights on heavily traveled arterials and streets. Section 9 of the initiative directs 15 percent of taxes collected under RCW 82.12.020 on vehicles taxed under RCW 82.08.020(3) (based upon the rate in RCW 82.08.020(1)) to fund efforts to reduce congestion - in the reduce traffic congestion account created by section 10 of the initiative. Section 10 of the initiative creates a "reduced traffic congestion account' in the state treasury A1020-1 A3.4 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ? Arts Commission COUNCIL COMMITTEES: ? Building ? M&O ? Airport ? Finance ? Cemetery ? Mayor ? Hearing Examiner ? Municipal Serv. ? Finance ? Parks ? Human Services ? Planning & CD ? Fire ? Planning ? Park Board ?Public Works ? Legal ? Police ? Planning Comm. ? Other ? Public Works ? Human Resources Action: Committee Approval: ?Yes ?No Council Approval: ?Yes ?No Call for Public Hearing Referred to Until Tabled Until Councilmember: Backus Staff: Heid Meeting Date: October 20, 2008 Item Number: VI11.B.4 .AUBURN * MORE THAN YOU IMAGINED Agenda Subject: Date: Resolution No. 4405 October 14, 2008 as a sub-account of the motor vehicle fund into which certain allocations are to be deposited into that new account. Section 11 of the initiative amends RCW 46.63.110 to provide that revenue that would otherwise be deposited in the city or county current expense fund from infractions issued under RCW 46.63.170 shall instead be dedicated to reducing traffic congestion and shall be deposited in the reduce traffic congestion account created in section 10 of the initiative. Other changes are also slated to change existing other law; however, among the changes that are proposed in the initiative, the effect for the City of Auburn and any other cities similarly situated could be to divest the city of any incentive at all to continue with automated traffic control devices since the revenue generated by those programs may become revenue of the state and the new fund created by section 10 of the initiative. The language of the initiative, as it is currently written, is not clear, and there are currently inconsistent interpretation of the effects of the Initiative were it to become law, including an interpretation by the State of Washington that projects a total loss of revenue to cities from photo enforcement programs, and an interpretation from other municipal practitioners that sees only those new revenues generated by the Initiative as going to the state reduced traffic congestion account. Aside from the unclear language of the initiative, particularly to the extent that it could put cities in the position where they would not be able to afford continuing to fund automated traffic calming devices such as photo enforcement the city employs in its automated red light photo enforcement program, the Initiative would have significant adverse impacts on local governments and local control of their traffic concerns. To the extent that the initiative, if passed, would be to prevent cities from taking the steps that cities would currently be allowed to employ and cities such as Auburn are in fact employing to address the problem of traffic safety when people through red lights at traffic controlled intersections, the initiative should be opposed. Were the effect of the initiative as predicted by the State of Washington, the end result would be that there are significant problems that the initiative would pose for the City of Auburn in terms of its ability to afford to continue with the red light photo enforcement program. In light of the uncertainty of the interpretation of the unclear language of the initiative, its implementation could additionally generate legal challenges to the initiative that would consume local revenue. Page 2 of 2 RESOLUTION NO.4 4 0 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, OPPOSING INITIATIVE 985 WHEREAS, pursuant to RCW 42.17.130, state law restricts how or whether cities may use their facilities for support of or opposition to ballot measures; and WHEREAS, RCW 42.17.130 does, however, authorize city councils to express collective decisions supporting or opposing ballot measures where the action to support or oppose the measure is taken at a public meeting of the city council and so long as the notice for the meeting includes the agenda item of consideration of the ballot measure proposition and members of the legislative body afford an equal opportunity for people to express opposing views; and WHEREAS, Initiative 985 (1-985) is an initiative that is scheduled to come before the voters of this state and affect the City of Auburn and its traffic control programs; and WHEREAS, the text of 1-985 does a number of things which may not be consistent (addressing different problems so that the voters being called to vote for or against the initiative may be motivated by different elements of the initiative); and WHEREAS, for instance, section 2 of the initiative calls for opening car pool lanes to everyone during non-peak hours; and Resolution No. 4405 October 14, 2008 Page 1 of 5 WHEREAS, section 3 of the initiative seeks to amend RCW 47.66.090 so that only those costs necessary to cover construction and operation of toll lanes shall be deposited in the appropriate accounts; and WHEREAS, section 5 of the initiative calls for cities to synchronize traffic lights of heavily traveled arterials and streets while section 6 provides a similar call for counties; and WHEREAS, section 7 of the initiative calls upon the state auditor to establish performance bench marks to track progress of emergency response organizations in responding to emergencies and traffic obstructions; and WHEREAS, section 8 of the initiative redirects revenue from vehicle- related sources to fund opening car pool lanes to everyone during non-peak hours to help fund synchronization of traffic lights on heavily traveled arterials and streets; and WHEREAS, section 9 of the initiative directs 15 percent of taxes collected under RCW 82.12.020 on vehicles taxed under RCW 82.08.020(3) (based upon the rate in RCW 82.08.020(1)) to fund efforts to reduce congestion - in the reduce traffic congestion account created by section 10 of the initiative; and WHEREAS, section 10 of the initiative creates a "reduced traffic congestion account" in the state treasury as a sub-account of the motor vehicle fund into which certain allocations are to be deposited into that new account; and WHEREAS, section 11 of the initiative amends RCW 46.63.110 to provide that revenue that would otherwise be deposited in the city or county current expense fund from infractions issued under RCW 46.63.170 shall instead be Resolution No. 4405 October 14, 2008 Page 2 of 5 dedicated to reducing traffic congestion and shall be deposited in the reduce traffic congestion account created in section 10 of the initiative; and WHEREAS, other changes are also slated to change existing other law; however, among the changes that are proposed in the initiative, the effect for the City of Auburn and any other cities similarly situated could be to divest the city of any incentive at all to continue with automated traffic control devices since the revenue generated by those programs may become revenue of the state and the new fund created by section 10 of the initiative; and WHEREAS, the language of the Initiative, as it is currently written, is not clear, and there are currently inconsistent interpretation of the effects of the Initiative were it to become law, including an interpretation by the State of Washington that projects a total loss of revenue to cities from photo enforcement programs, and an interpretation from other municipal practitioners that sees only those new revenues generated by the Initiative as going to the state reduced traffic congestion account; and WHEREAS, aside from the unclear language of the Initiative, particularly to the extent that it could put cities in the position where they would not be able to afford continuing to fund automated traffic calming devices such as photo enforcement the city employs in its automated red light photo enforcement program, the Initiative would have significant adverse impacts on local governments and local control of their traffic concerns; and WHEREAS, to the extent that the Initiative, if passed, would be to prevent cities from taking the steps that cities would currently be allowed to employ and Resolution No. 4405 October 14, 2008 Page 3 of 5 cities such as Auburn are in fact employing to address the problem of traffic safety when people run through red lights at traffic controlled intersections, the initiative should be opposed; and WHEREAS, were the effect of the initiative as predicted by the State of Washington, the end result would be that there are significant problems that the Initiative would pose for the City of Auburn in terms of its ability to afford to continue with the red light photo enforcement program; and WHEREAS, in light of the uncertainty of the interpretation of the unclear language of the Initiative, its implementation could additionally generate legal challenges to the Initiative that would consume local revenue. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That pursuant to the parameters set forth in RCW 42.17.130 and in compliance therewith, the City Council hereby collectively expresses its opposition to Initiative 985. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 4405 October 14, 2008 Page 4 of 5 Dated and Signed this day of 12008. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 4405 October 14, 2008 Page 5 of 5