HomeMy WebLinkAboutAgenda Packet 10/22/2002
FORTANGELES
WAS H I N G TON, U. S. A.
CITY OF PORT ANGELES
CITY ,COUNCIL SPECIAL MEETING
I.
CALL TO ORDER - SPECIAL MEETING:
II. ROLL CALL:
Members Present:
Mayor Wiggins
Councilman Braun
Councilman Campbell
Councilmember Erickson
Councilman Headrick
Councilmember Rogers
Councilman Williams
Staff Present:
Manager Quinn .
Attorney Knutson
Clerk Upton
B. Collins
M. Connelly
G. Cutler
D. McKeen
T. Riepe
y. Ziomkowski
III. PLEDGE OF ALLEGIANCE:
Led by: 'd. QpJt~ ,j lf31o^-
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October 22. 2002
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CITY OF PORT ANGELES
· FORTANGE,LES
WAS H J N G TON, U. S. A. CITY COUNCIL SPECIAL MEETING
. Attendance Roster
DATE OF MEETING: October 22. 2002
LOCATION: City Council Chambers
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~;~ORT.ANGELES
: Becky Upton
City Clerk
WAS H I N G TON, U. S. A.
AGENDA
CITY COUNCIL MEETING
321 EAST FIFTH STREET
October 22, 2002
SPECIAL MEETING - 7:00 p.m.
A. CALL TO ORDER - Special Meeting (7:00 p.m.)
\ B. ROLL CALL
C. PLEDGE OF ALLEGIANCE
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D. CONSIDERATION OF 1-790
1. Accept pro and con testimony (Page 1)
2. Consider taking position
E. CONSIDERATION OF 1-776
1. Accept pro and con testimony (Page 19)
2. Consider taking position
F. RESOLUTION SETTING DATE FOR WESTPORT STREET VACATION (Page 25)
G. ADJOURNMENT
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NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE
MAYOR TO DETERMINE TIME OF BREAK
October 22, 2002 Port Angeles Special City Council Meeting Page _ 1 of I
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Changing the Governance
Structure Jor the LEOFF
Plan 2 Pension System
For many years, the unions representing police and fire employees
have wanted a larger role in the governance of the Law Enforcement
Officers and Fire Fighters Plan 2 (LEOFF 2) Pension System. After
failing to secure passage of legislation last session to gain control over
the system, they decided to put the issue before the voters. 1-790
received sufficient signatures to qualify for the ballot in November. If
approved, this initiative would create a new board for the LEOFF 2
pension system.
Currently, pension benefits for public employees are established in
statute by the Legislature. Employee, local government employer, and
state contributions, along with investment earnings, pay for the
benefits. The Department of Retirement Systems, a state agency,
administers the pension systems. The Joint Committee on Pension
Policy, a special legislative committee, makes recommendations to the
Legislature for changes. The contribution rates necessary to support
the pension systems are recommended by the State Actuary and set by
the Pension Funding Council (a council of state officials), the director
of the Department of Retirement Systems, and the Legislature.
1-790 is a radical departure from that structure. It creates a pension
board, dominated by employees, that wouldimake many of the
recommendations and decisions currently made by these various
groups.
In June, the AWC membership adopted a resolution opposing 1-790 or
any other governance change that would create a board that does not
provide equal representation for employers. The resolution also
opposed a board with independent authority to enhance benefits,
rather than simply being advisory to the Legislature. At their meeting
in August, the AWC Board decided to officially oppose the
initiative. Board President Chuck Mosher has signed the oppo-
sition statement. which will appear in the statewide voters'
pamphlet.
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Initiative 790 would make significant changes to
the LEOFF 2 pension system. It would transfer
authority over the system to an eleven-member
board appointed by the governor. A majority of
the board members would represent those who
will receive benefits from the plan. The board
would be composed of six members of LEOFF 2,
three employer representatives, and two mem-
bers of the Legislature.
Among other powers, the board would have the
authority to increase benefits and increase
contribution rates for members, local government
employers, and the state.
· The board can authorize benefit increases that
cost less than 2 percent of members' pay (10
percent paid by employers, 6 percent by local
government employees, and 4 percent by the
state). These rate increases would take effect
unless the Legislature voted to repeal them.
· If the board proposes a change that would cost
more than an additional 20 percent of mem-
bers' pay, the changes must first be submitted
to the Legislature. The Legislature must vote to
approve or disapprove the changes, but is has
no authority to amend those changes.
· Finally, and of primary importance, 1-790
requires all earnings of the LEOFF 2 pen-
sion fund in excess of the actuarially
assumed rate of return, to be used exclu-
sively for additional benefits for members
and beneficiaries. The current statutory
assumption for investment return is 8% per
year over the long term. There is no limit on
contribution rate increases that might result
from the fact that excess earnings in one year
are not available to offset losses in the fund in
another year.
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Both the Office of the State Actuary and the
Office of Financial Management have completed
their fiscal analysis of the initiative, as required
by law. Their fiscal impact statements outline the
potential for staggering costs to local govern-
ments and the state.
According to the State Actuary, the requirement
to allocate all interest earnings above actuarially
assumed rates to enhance member benefits
would result in significant costs to local govern-
ments - $7.236 billion dollars over the next
twenty-five years. $266.3 million in the next
biennium alone. Since approximately two-
thirds of all LEOFF 2 members are employed by
cities, cities will bear the vast majority of these
costs.
Currently, investment earnings are used to build
a reserve and lower contribution rates. The
employer contribution rate, now 2.64% of each .
employee's salary, is expected to rise steadily over
the next few years given today's economy and
the decline in investment earnings, even if this
initiative does not pass. Initiative 790 will
require an increase in the employer pension
contribution rate to 15.47%. effective July
1.2003, according to the State Actuary. Local
government costs would increase nearly six-fold.
And the employee's contribution rate would also
skyrocket, to more than 25% of salary. Again,
this dramatic increase is due only to the alloca-
tion of interest earnings above the assumed rate
of return to benefit enhancements - contribu-
tion rates could increase even more if the new
board uses its authority to grant additional
benefits.
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Initiative 790 would make significant .
changes to the LEOFF 2 pension system.
2
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The LEOFF 2 pension system provides excellent.
retirement benefits for its members. Right now,
police officers and fire fighters can retire at age
53 with a full pension equal to 60% of their
average final compensation. Members of the
Public Employees Retirement System Plan 2 (PERS
2) cannot retire until age 65 - a full 12 years
later than public safety employees.
We greatly respect our law enforcement officers
and firefighters and value the work they do.
However, this seriously flawed initiative takes
control of tax dollars away from elected officials
imd mandates enhanced benefits for a few. '
The increased employer contribution rates
required by 1-790 will eat up dollars that are
badly needed for current police and fire services.
The budgetary p!e is limited - every additional
dollar spent on pension enhancements doesn't
get spent on vital public services.
This pension is guaranteed for life. Even if the
initiative does not pass, LEOFF 2 members are
guaranteed their current level of pension ben-
efits - which includes an annual cost-of-living
increase. Once benefits are granted to them,
they cannot be taken away. Members are never
at risk of losing any benefits promised to them -
.no matter what happens to the stock market and
nvestment returns.
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Initiative 790: Changing the Governance Structure
for the LEOFF Plan 2 Pension System
October 2002
Introduction
Initiative 790 proposes significant changes to the LEOFF 2 pension system. These
changes, if approved by Washington voters, are expected to be costly to local and state
government.
The initiative transfers authority over the LEOFF 2 system from a variety of current
decision-makers to an eleven-member board. A majority of the board members would
represent those who receive benefits from the plan. Among other powers, the board would
have (the'aUtInPfity to increase benefits and increase contribution rates for members, local
"0'_ .;......'. "-. ._',"'i-".--
government emptoye~s, ,and the st9te"
,0',<"":':"""" .'\ l~ :-...~ )I1G~1 :(~\/;8 /' ~:),,~.) t'1 ~~ ~ r;; fJ;:) :()
cih~~ employ the majQritYtP"ap~9p.l~JrJlnerQRJ~F,f~?2Fsy~t~g1C~'ncf3~~~fqT\E:1 face substantial
cos~s.i!t~~:)l,Q!.t\~!iye i~:ffRB~~XP9~.~:yoters. City of P~rt ~ng~les staff ha.s ~stimated that
addltlqQ;~':gA~!S,~Could exceed $400,000 per year beginning In 2003. ThiS figure does not
inclucfeanyincreased pension benefits enacted by the new LEOFF 2 pension board. In
'~~9lt~?!~,}B::me financial imp~ct ~n employers, LEOFF 2 members could see dramatic
mRmi~~~~~.m\e;mp),QX~~ ~9D~i~I9.Y~I?~,lB!~~:,c, fe'" ",,:, iF,. -)
" ~t,,".....".1 V'..~ ! '...<\J {......:. tJi'.,I''''~'''''''''''''-'' .:,..'i~:::() _;'~.'..": !'. ,.<. ''''-'_' '';-)'''''_' l.-..J 1..-, "._, .._...,.
~~~~,R$;R~~:r}::a;p;'Ci'i~;d \i'/ E!"~ ~,)
t=6'f'mc1in'Y'years, the unions representing police and fire employees have wanted a larger
1;9!~ !o. },~~!,~:p~~rJ;1cWl9'7 5~~ ;~~-~-;~?~i r~rf9~~e'!\en"tqtf~~e~r~", ~p~ t.lre:: ~i9Pt~D~.,~t~~(~ ,~~E OFF 2)
,1?,~n~!9tr::?,X~!~.n;\; ;;~ft~r}Ek~i~1~ti8h:~'I~~r~~'~,~ibQ, ~Q .~CJlii;:999\f,<i>19Y~f. tr~:~x~~~m,"~~,s., ,.;
Uhs!1c'cEissful ('there decided"'top'Ut thEfissue,befdr'elhe vbte'rs. ,<1':790 'receiveCJ'sufticierit
:~i'~:Q~rg~~;~;'fg!lgH~Kti: fgt:J~~~B~;IJgf:[dNB~~m~~{':'~'i';~'; !;,,'i;~! <;:";.,';~,;t):;IiC;:'S tnd;)~~::~~.;, '.;"Ce",:
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i(tarrgritiy;p~H~i6f.f'i)~H~f,t~jo;~'!~JB)t~ten'lRtQMe.~~, ';,are, ~,s~abJisl1e,d; i~:"s~'atute, b,yjtn:r~ r 1 ; rjj :;
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LnQ!~I~W,~~,\ \,~91pI9-XJ€1;~{,,).99~IT~f?~~~nl:J;l;~R1r~mR!.Q~7S~;flQ~Lgt9~~,9$~tri.9~rthq(lr~~ ;~!.q~~,,~itlJi r. ,e,:
m~~~tp.l~~~~ ':~9rnms~i,~p.:~~..f:o.,r:.t.h~;~)~r'~n!~;rTtj,~,P~P:5!ct~~DJP~) ~~~it~,~:~iJtrR~i~t~m~~ "~' ~tate
~'~,~~9~.1.1;:~. '~,.mJ~J~1~~~:-1t!.~]?~~~i8~:;:~Y~. Wrr~::,,~.D.:~. ~Rtr..t S~M~.j~t.. 'E;."~ ;'9P P~~\~if?f.i,~glIti~ {(,:'",;
$ eciar]eiS'l'afiVE~(CO-' 'liiitIee; maKes.recomrffefldati6hs' t'6'''theJ~ 'j~latli rEn6r'chah", s.' Tne
f~tiffi~J~I&,t~t~~~5,~~~~~JY;f9 ~~~g~~tl.'rh~"~~a~~Bh[I~9~~~tn~',~,c~;-r~~pmfP;~Ha..~&~t5Q3b~ 'State
'~~!~,~r;Y,:;~'~i~L~'~t.~~Jbl,e~h~i8~~'~H~9;\,Q,Q>Cbun"tir "(~ coDnclr of' sta'te'Bfflcia'i's) 'the' dfi.~ctor of
tri'e,D~pa'rtm~dt9M~etir.e,rnehr:Systems;Ean'd, the' l1.egisl~Hlire5( .
r:,..;l! ::;:.r~ ~<:: ':::; ,;:}, '._. ';,:. . ;:~,i i,,~'; 0 .:~C:"/~::~ t-.::
~t~!t9R,rijr~,p..~~:~~; Sig~ifiS~~!,P?~DR~~:,~Rit~:i1:.~itg~tgr~. i, ''-',''H \. Ii
p~~&~~\Y.'~f\!~.~i:l'Olt~t~t)X~:.,~3\ j;(J~.\,i5 ::':'::I~'::~J:~i;,;i,!t.~C,;!t'::~~:}i'~.,-; ;~C;),J:~:; {~, ~:~!1~:~;:':'~;(:!;~, ~~."L::~;'; .,~ ~: :',: ~:
fnlti~tive;790: Wdul(frrfa.lte;:sr"'nIflca6t:ch;ah:'~~slb tne'J3EOFF'2' ~hsiciri::s7~Stem:J: li,\Nbuld
(',: ',':: ';:.'" i<:~;~:\ ,:", ;;.'_,{,' j.' "'A, .';:,~\'.," /":".)j."U''-L:R~ t~~. ~.,' t'.., ;';. rn.:::: j c.:.';:.' .' ;~, ;"-~;;".''- ~ r;~" i:::: i-tfj~.~', \ '~"\:-"'_:'. .(' .-~': PH / -.;;:! i !';'~":. (, ;':/.:: .., / {.~~"n .;;':;; ;......, (";; ,':\::.;~.
t~~n~f~tr':~:~tQ9~JtXi~~~r;:!~:'~Y$,f!jm'it~:'~I;C~I,~Y~9~p1e-rribeliJ:joar,d,a'pphinted:by:tne','govefnon.:A
tfr]aj9'rity(ii,f, JJiu;f,9C!),'ard', meoibei'$:, wou \C:trepresent those who, will, receivebenefitsJro[lJ the;
pJ~~::..1~,~,99;~f;~i~~~~~;9i. s~~f9p,~i?:!~~~';rL~i~.,~}J~9;~~~(~0b;~~~;~~~~:;lN~~);r!~RIR~~r , ). .
:::"G,<-'2';;;'t"'::';;,i~;;/)::'~'" ".,',! ;'}}i{i/li,j',,;";:;J'.';.D',:;' f:', ';,,;;;:,;; "; ";,
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r~pre~~ntati~es;a~dtWo;"emb~rs of the Legislature. Among'other.povversi the board' .
would have the~auth()rity,t()incre,a~,eb~nefits and increase. c()nt~ibutiqr1rates form'embers .
localgoM~rnment ;er;n8'loy~rs,ahd the 'state: , ..<.', ',H' ,~" . " '
:-'!- <' .
Aqchrding,to theproposed'jnitiative:
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...'....T.'... ,'.heb....oa...r. dc.a.11 a. uthqrize. ..bene. fit,incre. asesthatc:os.fless. t.h...'a..'rl.'.2..' O:p.":.er.. 6e.,..:'n..,t.'o(
"l'l;Ietllhers' pay' (1Qpercemf paid by employees, 6, percent byl()cal;gQv~mrrient .
eJT1p,loyers!d?nq:4,perse,nt.bythe state). . These r~te increases would take effect
unless the Legislature voted to repeal them.
'Iftheboardproposesa change that would costmore thanan'additional 20
. pe,rcent()flTlernPers' pay, the changes must first be submitledtothe'Le,9islature.
THe,l.eg,islr;l'ture, rn9 stvote to approve . or disapprove the'c;hanges,q~titH~S no
'.alltrprity,',1oalTlepdthqsechanges. .,::. . .. . .' :,
,~'~,~,~::;:3,;~",:.:ttw~,,~~~4~~~~'~~U~"~~tnlQ~i9t}lt~~'~gq,~F;Z~"~X~!~~n~t~~;~~18,:~*9"~,~~',~f!fH~~i.:1,::';,',_",..,.
0, ~,'.,,' ':-:::::";;,~~(q~p~U~~~~:~tT\~a~,~J~8rte.~Htri~tcfbe Use(re)(C1ti~iV'el}nbr; ~aHfff6hi1il;b~~~fif~ 'for
~)~i'i:'me'mDlers"ah'cr 'oei]efiCiaiies:The' current statutory a~sumptioD 'for investment
,\ ,",r.',.,{; ,." 'lr~t4~n~i~ ,.~r,~..~~rIYE?~d?~~r the long' term. .. There is ,0'61 inlit:oht~oritributionra,te .
"''''',"'(~'Y'' '~'ir'ftrEtase~nliaFiJ1iglittestilt from therfact thatexcessearnfngs[inone'year are not
;'.', ~g~il~t?l~(J%g~~~tt!~~,~~~J!~~ar) tyr?(~.,ln~PRth~f'..~~~n! G'~';B ..rh~!IJ' ,'2C)'. p ~r(;e~'lt".'Cf:
. .::. -""~,,"; ..'l"...,/:JJ..,"i"..,.,.h';.:::i.,....~J,_,.;,~,..,:",:!:l..;f..)::_f.",;i'l.:(~~.;,.,-j' ',;",,~~,,'I";-".:.' '.'-~\"I ~::::"",-" , "".,""~... ....'_.~ ',... -1'-'''- ~"~l;' . . "... .
1-190WiII/lle'"'Co'sfl'''tol.bcaI''Go1 'ernmenbf" ,_, ;3 :;:c";,<.:>:,,:,:..i"<:-i'';bi0'q\''9(n.n,fjn; .
Bothth~qfrl?'i~~J~Jl~]!t~f~,;l\~{J~&5~h;~~!f~~(Hjf~9.~~'~f':F{A~Rtiaf'Mfiff~agrif~h~(h~$J~P
completed'tl1:eirfisca'rarr~flysis 'bfftiennitlafive,'as 'required by law. Their fiscal impact
~t~tf?,mel1~~p,y~I!!}~:. tq~"R/?rl~qJt~1 to!ih!~Di ,,-~9.~.t~ ~,9;).Oi9;aJ ,~,~.dn~1~tr;g2xeJPm~,Qtt~;~'r~~Q;r.~.. details
about those' costs "ci::irt"be'.fou'tla fb v cor'ita-difr 'those if' ehci'es~ . ", ,-, '. ,~" , ,'''' ,". ,J. ,cd ~ '.'
,..... '.. ..,12'~~t~';~j.'~;,_(~:,?i,E:~r?it:.(~;=":~I~.I~:"'.:;.~'',:':-~,j~~1.~':~.,'~n~J:rq';m (,~"":;~:on':niFC . ' rc.
What'DOc;j~ :f~79()"M~an~:fo:rj:~:6n:"Ah~"eles ! '.. ; <:' '''., . . ':.' ...'.
'_ _'-"-, ,.'-- :::' 't~~j-,'": _"~ ,~.,' .~ .. h' :" :-~')', f_~~'";-:(: : .<.- ".'-C:-':-~:' /'19,0": { :_.:'''' .. ,,~ . _ . "'_ _ ~ .-. _ ,::'
qtyoflToft'iAhg~le~)sfaff~stihi'ate;s-Ul:atth'~ initiative would cost an additional'$417"l335 per
,~~~~~~:~~h~f~~t~T~Tll=~9~~~n~~~~~~~~~~~~~\~~t~r"c"
:em 'lo,efsr'!liE0FE:2'membets'~cdl::ilelsee:stee ,., Tn'creases'in "em 'lo"ee'icohlfibtitr6h'rates 'to
.~~~;~~:e~!~fEv~rrt~!~ [;~~,;':':~i~;:;' c:': ,'" ;1'"", ,'::": ,~~;~. ;;" ~"'~:~:n: 0:,: "OS",",::". .
Arrivin ,~r co~f~siimate~ !ofthellnancialilTl" aCfof'i~7gb"re iuites 'UhdEk~tandln' "tt1EfcLJrr~ht
. .' .g,,,,,,:,,,",,Oh""""'" ,~r.,.,:",~.' v,~.",",;;,:" U" j'''',,:> 'l,J;!,..". ',''-'''',C(''::,' \!C,q,.. . ....... .. .... .,g. .... .
Pension sy~tebl::'ahd;tbe proposed changes;d)6th;'b't'\Nhicbd:iresomewhat:cprnpl~)(:'
9"y;~f~p~:J~G;~iH:~~~~b'rE~l~~if~K~,~~~J~~~ff~~::!~f~~Jqf9~~':k;~o4f~,fDtH~~t'tHt~Jr!;;~rn:PJ~'i;ee.s," .:.......
,~9,r,t;i;f?,gJ~i4:;,~:9,,~;"9Lth;~in~~~t;'~tl~~q!W!p~~~"2~PJl.%~..;?~'"~~'p'~:v.~:e";p;ajc!; ~rf~t~~Et~t~~7:
'c6r1frTl)ul"'sl.'ah'oth;ef'~ .75o/c$' btir ~; THe"Cit ,also' 'a'sadmlnisttativEfcosfsof.22%"Of.
~!l~*~,;~':'(i'P:g" "';;i'i f~":::;\~ !(~, ,~~t;~:;.Ji; ~(;~;G;::i ~fl~i: ,~0,; X ''ir)'!, gn? ,r;')5 0'
:_,;.~;;:~: .'_. :. ',,' I.:. ~_ _, ',<_'_' .._ . ,.}fj . .
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J~fr~H pr9~!9~~}8f i9~r~,ar!~~:!n, pe9?,ig~(~~nefitsin:anumber.,of ways::i[;he most significant
P~D"~J~t:p,i9iV.!~sj8N~iJIl~~qptt~\r~gir~pfjR,f1.,9finx:~,syJ;l~[1tE3-i3WJ 9g,~Py~r~~,l;w, ~:~ ;~t~\qt9ry"::i (', .......
J(~t~~~{t~IDJj$iff~~~m~~~i!1:~;;tl;~di~il;~I$~~l~~~:AE~~~l~~tt~ ·
iretf/rHishaJrber:/~ilcL'M&jfi:1s1ve1', ~ foKlidditlc/iJar1Jenefits: fO'{fHember~:~a,{a~b~hericiiifi'i3s>~;";'
eq;f')r":;';>L:':'.'\::p''':;:y(rto!iJ'i':;~f:dr?c~~;~:5'~i;!")';::,,,: ".. ":{::c'," .,W/~):!/;'::;';;: "i,'r)';).:),::, ".: :'
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'i#l';;;';',j:,!i.:;i:;,,!~i tia tive 7!~;::'\;;..;;;). i
iR.~$R()tt~~i~p~he ORR ositi 0 It. ';~4rgtlm~T1~.
'~~~:~ig~gmd~:9~~/B~irlU~EW[aMr ~tates. in the nati~nt!;~~"f1~~~in9t~!9\,Y'~t~... palice
,.<:>ffjs~E:~,'~~)f18~~~l').~~~~,~d;Y9IFe m theIr awn pensl()I1.pl~,';,~~9~~t.,~)~t~~....,allaw
...gl~;~~,m~~r,g~siI>~B~Ilqn their pensian baards':~~:8.r~~9~m~tt#~,~().
"~~I1ltigaypip~jil"?l1tP~ij..~lan and have tried ta caap~rate~th the'legislature
to pa~~c'ann:)ar~blelegislatian. .
'" -,>-."':,::-' - -'",':'-,.:',. ,-,<.,,-,,-.. -", ',- .. ',' .. -,
1I1i~~B~~i9()(I-'7Qo)is~lJ?ut giving palice .officers andfirefigJ:iters ...
repr~sep!~,ti9paI{the.'baard that gaverns .our pensioI1,L~O~:E4iglan:2.... '.'
\Ma~l1iI1&!()I'l's P9lice, affi~ers and firefighters cantribu~e890(ogf,'th~.p~I1~~ari
f. u...........n... ...d...... s........ d.....I....r.....e.. ....c.....t1....y.....,.....f..r....p.......m........ a.u........rP..a.. y.. chi ecks ta the plan, yet w. e. .h.......a.....v. e. ,n.......a... sa.......'.........y....,.i..n. ...,..........h......o.w..... the
le$i~I~t~lf~:g9y~I"11.~....it.'....l'he..legislature can tribu tes ?()t+'()f....tli~./ fq~~'~'...ta. .the plan
anahas~nfettered...sayln..haw.it is gaverned. 1-790 presents a:hoppartunity
far fairness and'reasanableness.
.
........'........ .......-.............'........'....'........... .......'..-.......................... . ..'......... '. '..' ..... .... ,. ,.,
J-'79picr~~t;e~a?()yym~S~Raard far LEOFF Plan ?t.l1~ti.Jlc~B9~,~\~Hpar,ties
W.a.tcr<:>J:"l~1:>B-t~,~~0t~~~:>';~!~p:l. Firefighters, palice .9ff!5~r~,i\~IlJ.p12:x~r~~....~1.the
....S.....'.'.t...a...t....e... m.'.:.....l...l all...................h. ..a..,.v..'.........e'..'r.. e.p. r..'es....e.n..fa....tian an the baard pra.p. o. ..tti.'....... '.o.".'..."..n... a.'...te..'....:t.:o.........t..,...h...'.e.......'.i..r..........:........ ..,'
s8~~~G~?I1~t6~EOF~'Plan 2. The legislature still ha~'ffiefihalsay and the
. Goveinorretalns'full veto autharity.
I -790 establishes strang Safeguards and pratective measures ta ensure praper
management anci fiscal respansibility. The new baard will simply make
recammendatiansta the.legislature, as the current gaverningcammittee daes.
The baard's recammendatians must be reviewed by up ta three actuaries ta
assure laWmakers that the baard's actians are fiscally saurid~ accumulated
assets are available, and its prapasals are affardable ahd reasanable. 1'-790
caps contributian rates at a reasanable level ta prevent erratic and valatile rate
swings. Itpravidesa cantributian cap .of 100/0 far employees, 60/0 faremplayers,
and 40/0 farthe State. As the system stands taday~ there are NO cantributian
caps.
.
I -790 removeS, theincen tive far the legislature ta raid" .our pe:nsian funds.
Histarically, the.legislature has used investmentretumsas a pretext ta cut
contribution rates unilateraIly, reducing their fiscal respansibility tathe plan
and allawingthem ta divert maney budgeted far LEOFF ta ather purpases.
They have been filling hales in the state budget with pen sian investment
returns earmarked far the trust fund! Further, lacal gavernment emplayers do
not cantribute ta Sacial Security far their palice and fire employees. What they
contribute ta LEOFF Plan 2 (currently 2.640/0 .of salary) is it!
(OVER)
9
The wildly exaggerated fiscal impact statement on 1-790 is based on a new
interpretation by the State Actuary that curiously changed only after the bill
wasftled as an initiative. When this legislation was sent to the legislature last
session as House Bill 2931, the State Actuary reviewed it and gave it a fiscal
impact of "none." The bill died in committee, and we subsequently submitted it
as an initiative. When it became clear to the elected officials and bureaucrats in
Olympi~that Washington voters would support 1-790 as a common-sense
initiative, the revised interpretation of the text was contrived to deliver a worst-
case scenario. The text that "creates" the supposed fiscal impact has not
changed from its original wording in HB2931. This error has gone unexplained
and unanswered by the staff of the Office of the State Actuary.
The State Actuary's interpretation that the initiative could cost millions of
dollars is based on exceedingly deceptive assumptions. First, it assumes that
the new governance board would make recommendations to increase
contributions to implausible levels. Plan members contribute. 500,,10 of the funds
to the plan - our members would have serious concern over any extraordinary
increases. 1-790 also caps contribution ratesthat cannot be overridden
without legislative approval. Second, this claim assumes that the board would
ignore the advice of actuaries who most certainly would caution against
unfunded increases. Next, it assumes that the legislature would allow the
increases. Under 1-790, the legislature retains the final authority on changes
to LEOFF 2 and can stop all board recommendations. Finally, it assumes that
the Governor would not veto a budget increase.
Initiative 790 does not increase taxes, does not increase contributions,
and does not add new benefits. 1-790 merely changes the structure of the
board governing LEOFF Plan 2 and protects our retirement. Please, read the
initiative. There is no cost.
LEOFF Plan 2 is the only source of retirement benefits for police officers and
fIrefighters - we do not have Social Security retirement benefits. We are not
asking for anything more than a voice in the governance of our futures. Please
support your police officers and firefighters. VOTE YES on 1-7901
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INITIATIVE 790
I, Sam Reed, Secretary of State of the State of Washington and
custodian of its seal, hereby certify that, according to the records on
file in my office, the attached copy of Initiative Measure No. 790 to
the People is a true and correct copy as it was received by this
office.
AN ACT Relating to the law enforcement officers' and fire fighters'
retirement system, plan 2j adding new sections to chapter 41.26 RCWj
creating new sectionsj and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. OVERVIEW. The law enforcement officers' and
fire fighters' retirement system plan 2 is currently subj ect to
policymaking by the legislature's joint committee on pension policy
with ratification by the members of the legislature and is administered
by the department of retirement systems.
Members of the plan have no direct input into the management of
their retirement program. Forty-six other states currently have member
representation in their pension management. This act is intended to
give management of the retirement program to the people whose lives are
directly affected by it and who provide loyal and valiant service to
ensure the health, safety, and welfare of the citizens of the state of
Washington.
NEW SECTION. Sec. 2. INTENT. It is the intent of this act to:
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(1) Establish a board of trustees responsible for the adoption of
actuarial standards to be applied to the plan;
(2) Provide for additional benefits for fire fighters and law
enforcement officers subject to the cost limitations provided for in
this act;
(3) Exercise fiduciary responsibility in the oversight of those
pension management functions assigned to the board;
(4) Provide effective monitoring of the plan by providing an annual
report to the legislature, to the members and beneficiaries of the
plan, and to the public;
(5) Establish contribution rates for employees, employers, and the
state of Washington that will guaranty viability of the plan, subject
to the limitations provided for in this act;
(6) Provide for an annual budget and to pay costs from the trust,
as part of the normal cost of the plan; and
(7) Enable the board of trustees to retain professional and
technical advisors as necessary for the fulfillment of their statutory
responsibilities.
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NEW SECTION. Sec.
section apply throughout
otherwise.
(1) "Member" or "beneficiary" means:
(a) Current and future law enforcement officers and fire fighters
who are contributing to the plan;
(b) Retired employees or their named beneficiaries who receive
benefits from the plan; and
(c) Separated vested members of the plan who are not currently
receiving benefits.
(2) "Plan" means the law enforcement officers' and fire fighters'
retirement system plan 2.
(3) "Actuary" means the actuary employed by the board of trustees.
(4) "State actuary" means the actuary employed by the department.
(5) "Board" means the board of trustees.
(6) "Board member" means a member of the board of trustees.
(7) "Department" means the department of retirement systems.
(8) "Minimum benefits" means those benefits provided for in chapter
3. DEFINITIONS. The definitions in this
this act unless the context clearly requires
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41.26 RCW as of July I, 2003.
(9) "Employer" means the same as under RCW 41.26.030(2) (b).
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(10) "Enrolled actuary" means an actuary who is enrolled under the
employee retirement income security act of 1974 (Subtitle C of Title
III) and who is a member of the society of actuaries or the American
academy of actuaries.
(11) "Increased benefit" means a benefit in addition to the minimum
benefits.
(12) "Trust" means the assets of the plan.
(13) "Benefits" means the age or service or combination thereof
required for retirement, the level of service and disability retirement
benefits, survivorship benefits, payment options including a deferred
retirement option plan, average final compensation, postretirement cost
of living adjustments, including health care and the elements of
compensation. Benefi ts shall not include the classifications of
employment eligible to participate in the plan.
(14) "Actuarially sound" means the plan is sufficiently funded to
meet its projected liabilities and to defray the reasonable expenses of
its operation based upon commonly accepted, sound actuarial principles.
NEW SECTION. Sec. 4. BOARD OF TRUSTEES CREATED--SELECTION OF
TRUSTEES--TERMS OF OFFICE--VACANCIES. (1) An eleven member board of
trustees is hereby created.
(a) Three of the board members shall be active law enforcement
officers who are participants in the plan. Beginning with the first
vacancy on or after January 1, 2007, one board member shall be a
retired law enforcement officer who is a member of the plan. The law
enforcement officer board members shall be appointed by the governor
from a list provided by a recognized statewide council whose membership
consists exclusively of guilds, associations, and unions representing
state and local government police officers, deputies, and sheriffs and
excludes federal law enforcement officers.
(b) Three of the board members shall be active fire fighters who
are participants in the plan. Beginning with the first vacancy on or
after January 1, 2007, one board member shall be a retired fire fighter
who is a member of the plan. The fire fighter board member shall be
appointed by the governor from a list provided by a recognized
statewide council, affiliated with an international association
representing the interests of fire fighters.
(c) Three of the board members shall be representatives of
employers and shall be appointed by the governor.
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6 leader of the senate.
7 (2) The initial law enforcement officer and fire fighter board
8 members shall serve terms of six, four, and two years, respectively.
9 Thereafter, law enforcement officer and fire fighter board members
10 serve terms of six years. The remaining board members serve terms of
11 four years. Board members may be reappointed to succeeding terms
12 without limitation. Board members shall serve until their successors
13 are appointed and seated.
14 (3) In the event of a vacancy on the board, the vacancy shall be
15 filled in the same manner as prescribed for an initial appointment.
(d) One board member shall be a member of the house of
representatives who is appointed by the governor based on the .
recommendation of the speaker of the house of representatives.
(e) One board member shall be a member of the senate who is
16 NEW SECTION. Sec. S. POWERS OF THE BOARD OF TRUSTEES--MEETING
17 PROCEDURES--QUORUM--JUDICIAL REVIEW--BUDGET OF THE BOARD OF TRUSTEES.
18 (1) The board of trustees have the following powers and duties and
19 shall: .
20 (a) Adopt actuarial tables, assumptions, and cost methodologies in
21 consultation with an enrolled actuary retained by the board. The state
22 actuary shall provide assistance when the board requests. The actuary
23 retained by the board shall utilize the aggregate actuarial cost
24 method, or other recognized actuarial cost method based on a level
25 percentage of payroll, as that term is employed by the American academy
26 of actuaries. In determining the reasonableness of actuarial
27 valuations, assumptions, and cost methodologies, the actuary retained
28 by the board shall provide a copy of all such calculations to the state
29 actuary. If the two actuaries concur on the calculations,
30 contributions shall be made as set forth in the report of the board's
31 actuary. If the two actuaries cannot agree, they shall appoint a
32 third, independent, enrolled actuary who shall review the calculations
33 of the actuary retained by the board and the state actuary.
34 Thereafter, contributions shall be based on the methodology most
35 closely following that of the third actuary;
36 (b) (i) Provide for the design and implementation of increased
37 benefits for members and beneficiaries of the plan, subject to the .
38 contribution' limitations under section 6 of this act. An increased
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benefit may not be approved by the board until an actuarial cost of the
benefit has been determined by the actuary and contribution rates
adjusted as may be required to maintain the plan on a sound actuarial
basis. Increased benefits as approved by the board shall be presented
to the legislature on January 1st of each year. The increased benefits
as approved by the board shall become effective within ninety days
unless a bill is enacted in the next ensuing session of the
legislature, by, majority vote of each house of the legislature,
repealing the action of the board;
(ii) As an alternative to the procedure in (b) (i) of this
subsection, recommend to the legislature changes in the benefits for
members and beneficiaries, without regard to the cost limitations in
section 6(3) of this act. Benefits adopted in this manner shall have
the same contractual protections as the minimum benefits in the plan.
The recommendations of the board shall be presented to the legislature
on January 1st of each year. These measures shall take precedence over
all other measures in the legislature, except appropriations bills, and
shall be either enacted or rejected without change or amendment by the
legislature before the end of such regular session;
(c) Retain professional and technical advisors necessary for the
accomplishment of its duties. The cost of these services may be
withdrawn from the trust;
(d) Consult with the department for the purpose of improving
benefit administration and member services;
(e) Provide an annual report to the governor and the legislature
setting forth the actuarial funding status of the plan and making
recommendations for improvements in those aspects of retirement
administration directed by the legislature or administered by the
department;
(f) Establish uniform administrative rules and operating policies
in the manner prescribed by law;
(g) Engage administrative staff and acquire office space
independent of, or in conjunction with, the department. The department
shall provide funding from its budget for these purposes;
(h) The board shall publish on an annual basis a schedule of
increased benefits together with a summary of the minimum benefits as
established by the legislature which shall constitute the official plan
document; and
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1 (i) Be the fiduciary of the plan and discharge the board's duties
2 solely in the interest of the members and beneficiaries of the plan. ~
3 (2) Meetings of the board of trustees shall be conducted as
4 follows:
5 (a) All board meetings are open to the public, preceded by timely
6 public notice;
7 (b) All actions of the board shall be taken in open public session,
8 except for those matters which may be considered in executive session
9 as provided by law;
10 (c) The board shall retain minutes of each meeting setting forth
11 the names of those board members present and absent, and their voting
12 record on any voted issue; and
13 (d) The board may establish, with the assistance of the appropriate
14 office of state government, an internet web site providing for
15 interactive communication with state government, members and
16 beneficiaries of the plan, and the public.
17 (3) A quorum of the board is six board members. All board actions
18 require six concurring votes.
19 (4) The decisions of the board shall be made in good faith and are
20 final, binding, and conclusive on all parties. The decisions of the ~
21' board shall be subject to judicial review as provided by law.
22 (5) A law enforcement officers' and fire fighters' retirement
23 system plan 2 expense fund is established for the purpose of defraying
24 the expenses of the board. The board shall cause an annual budget to
25 be prepared consistent with the requirements of chapter 43.88 RCW and
26 shall draw the funding for the budget from the investment income of the
27 trust. Board members shall be reimbursed for travel and education
28 expenses as provided in RCW 43.03.050 and 43.03.060. The board shall
29 make an annual report to the governor, legislature, and state auditor
30 setting forth a summary of the costs and expenditures of the plan for
31 the preceding year. The board shall also retain the services of an
32 independent, certified public accountant who shall annually audit the
33 expenses of the fund and whose report shall be included in the board's
34 annual report.
35 NEW SECTION. Sec. 6. CONTRIBUTIONS. (1) The board of trustees
36 shall establish contributions as set forth in this section. The cost
37 of the minimum benefits as defined in this plan shall be funded on the ~
38 following ratio:
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Employee contributions 50%
Employer contributions 30%
State contributions 20%
(2) The minimum benefits shall constitute a contractual obligation
of the state and the contributing employers and may not be reduced
below the levels in effect on July 1, 2003. The state and the
contributing employers shall maintain the minimum benefits on a sound
actuarial basis in accordance with the actuarial standards adopted by
the board.
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(3) Increased benefits created as provided for in section 5 of this
act are granted on a basis not to exceed the contribu~ions provided for
in this section. In addition to the contributions necessary to
maintain the minimum benefits, for any increased benefits provided for
by the board, the employee contribution shall not exceed fifty percent
of the actuarial cost of the benefit. In no instance shall the
employee cost exceed ten percent of covered payroll without the consent
of a majority of the affected employees. Employer c?ntributions shall
not exceed thirty percent of the cost, but in no instance shall the
employer contribution exceed six percent of covered payroll. State
contributions shall not exceed twenty percent of the cost, but in no
instance shall the state contribution exceed four percent of covered
payroll. Employer contributions may not be increased above the maximum
under this section without the consent of the governing body of the
employer. State contributions may not be increased above the maximum
provided for in this section without the consent of the legislature.
In the event that the cost of maintaining the increased benefits on a
sound actuarial basis exceeds the aggregate contributions provided for
in this section, the board shall submit to the affected members of the
plan the option of paying the increased costs or of having the
increased benefits reduced to a level sufficient to be maintained by
the aggregate contributions. The reduction of benefits in accordance
with this section shall not be deemed a violation of the contractual
rights of the members, provided that no reduction may result in
benefits being lower than the level of the minimum benefits.
(4) The board shall manage the trust in a manner that maintains
reasonable contributions and administrative costs. Providing
additional benefits to members and beneficiaries is the board's
priority.
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1 (5) All earnings of the trust in excess of the actuarially assumed
2 rate of investment return shall be used exclusively for additional .
3 benefits for members and beneficiaries.
4 NEW SECTION. Sec. 7. NONAPPLICABILITY OF JOINT COMMITTEE ON
5 PENSION POLICY AND PENSION FUNDING COUNCIL. The joint committee on
6 pension policy established in RCW 44.44.050, and the pension funding
7 council created in RCW 41.45.100, shall have no applicability or
8 authority over matters relating to this plan.
9 NEW SECTION. Sec. 8. ASSET MANAGEMENT. Assets of the plan shall
10 be managed by the state investment board as provided by law.
11 NEW SECTION. Sec. 9. SEVERABILITY. If any provision of this act
12 or its application to any person or circumstance is held invalid, the
13 remainder of the act or the application of the provision to other
14 persons or circumstances is not affected.
15 NEW SECTION. Sec. 10. CAPTIONS NOT LAW. Captions used in this
16 act are not any part of the law. .
17 NEW SECTION. Sec. 11. IMPLEMENTING LEGISLATION. The department
18 of retirement systems and the office of the state actuary shall prepare
19 and submit to the fiscal committees of the legislature by January 15,
20 2003, proposed legislation for implementing this act.
21 NEW SECTION. Sec. 12. CODIFICATION. Sections 1 through 9 of this
22 act are each added to chapter 41.26 RCW.
23 NEW SECTION. Sec. 13. EFFECTIVE DATE. Except for section 11 of
24 this act, the remainder of this act takes effect July I, 2003.
--- END ---
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Limiting Motor Vehicle
License Fees to $"30
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1-
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What is Awe's
position?
The membership of Awe ap-
proved a resolution opposing
the initiative at the association's
annual business meeting in June.
AWC's role will be to provide its
members educational materials
that can be shared with electeds,
staff and the community. AWC's
staff is also available to help you
evaluate the issue and its impacts
on your city.
For current information, you can
also check AWC's website at
www.awcnet.org.
.
, I
What does 1-776 do?
· Requires license tab fees for motor vehicles to not exceed $30.
· Requires license tab fees for light truckS to not exceed $30.
Amends the combined licensing fee schedule contained in RCW
46.16.070 for truck weights as follows: .
· Eliminates the authorization for vote....approved local option
MVEl for transit
Eliminates the authorization in RCW 81.104.160 for transit to impose a
MVET of up to 0.81 % of motor vehicle value for the purpose of
providing high capacity transportation service. Presently only Sound
Transit imposes a 0.3% MVET. Preliminary analys~f this section has
raised legal questions because Sound Transit issued bonds that specifi-
cally pledged this revenue source for repayment.
· Requires outstanding bonds for light rail be retired
Requires that bonds previously issued for light rail be retired using
reserve funds, sales of property, new voter approved tax revenues, or
any combination.
· Repeals local option vehicle license fee
Repeals RCW 82.80.020, which authorizes counties (or certain cities by
voter approval if the county does not enact the fee) to impose a
~ehicle license fee not to exceed $15.00 per year for transportation
purposes. Presently four counties impose this fee: Douglas, King,
Pierce, and Snohomish. Revenues are shared with cities in the county
by a population-based formula.
· Repeals MVEl related statutes - exemptions, valuation require-
ments, and revenue distribution statutes that were in effect
when MVEl was collected by the state
19
What would be the impacts of the initiative?
LOCAL~O\?
The prelimina
from the tepe
mates based
STATE I MPACTS: ,q
The. impact to the}
Motor VehiCle Furfd
State Patrol
WSF -Operations
Total
The estimate' .
imposed by So
Estimated Loss in
Revenue for
Sound Transit
Were car tabs more
than $30 after 1-695 .
was approved?
When Initiative 695 (1-695) was
approved in November 1999, it
only eliminated the state motor
vehicle excise tax (MVET) effective
January 1, 2000 and imposed a
$30 state license tab fee. After
the initiative was found unconsti-
tutional by the King County
Superior Court, the Legislature
enacted portions of the initiative
during the 2000 session. However,
the 2000 Legislature did not
repeal:
· The authority for transit authori-
ties to impose a voter-approved
MVET of up to 0.81 % of motor
vehicle value for high capacity
transit.
· The authority of counties and
certain cities to impose a local
option vehicle license fee of up
to $15.00 per year. .
How would individual cities be impacted
by the repeal of the $15 local license fee?
Cities within the four counties can receive a portion of the Ii
fee revenue, based on population, and cities in counties whe
license fee is not imposed can impose the fee by voter appro
Currently, the local license fee is only imposed in four counti
Douglas, King, Pierce, and Snohomish. (note: estimates are b
on calendar year January 1 - December 31)
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,-"o"'\ih: ;{>::'S\' 'J.,;'"
..,.,< c'_"._;;:.,,~,;-:,:,,;;
REVENUE LOSSES TO CITIES AND COUNTIES FROM $15 LOCAL VEHICLE LICENSE FEES*
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City Distribution 2003 2004 Six Year Total City Distribution ....2003 2004 Six Year Total
2003.2008 , 2003-2008
Algona $22,355 $22,802 $141.019 Medina $28,210 $28,775 $177.955
Arlington $102,109 $104,151 $644.116 Mercer Island $206,721 $210,856 $1.304,023
Auburn $404,206 $412,290 $2,549.779 Mill Creek $102,279 $ 104,324 $645.186
Beaux Arts Village . $2,848 $2,905 $17.963 Milton $49,012 $49,992 $309.175
Bellevue $ 1,033,760 $ 1,054,435 $6,521.084 Monroe $117,031 $119,372 $738.249
Black Diamond $37,131 $37.873 $234.226 Mountlake Terrace $177,661 $181,214 $1.120.706
Bonney Lalle $81,662 $83,295 $515,134 Mukilteo $ 156,357 $ 159.484 $986.316
Bothell $270.452 $275,861 $1,706.044 Newcastle $74,942 $76.441 $472.744
Bridgeport $17,250 $17,595 $108.814 Normandy Park $61,678 $62,912 $389.072
Brier $55,815 $56,932 $352.090 North Bend $42,748 $43,603 $269.659
Buckley $34,220 $34,904 $215,863 Orting $31,725 $32.359 $200,125
Burien $295,648 $301,561 $1.864,986 Pacific $52,226 $53,271 $329,448
Carbonado $5,220 $5,324 $32.926 Puyallup $271,546 $276.977 $1.712,948
Carnation $17,661 $18,014 $111.406 Redmond $424,022 $432,503 $2,674,784
Clyde Hill $27,237 $27,781 $171,812 Renton $470,316 $479,722 $2,966.810
Coulee Dam $1,193 $1,217 $7.528 Rock Island $6,759 $6,895 $42.640
Covington $ 128,239 $ 130,803 $808.945 Roy $4.462 $4.552 $28.149
Darrington $10,521 $10.731 $66.365 Ruston $6,159 $6,282 $38.853
Des Moines $274,111 $279,593 $1.729.126 Sammamish $314,228 $320,512 $1.982.187
Dupont $ 19,625 $20,018 $123.797 SeaTac $234,517 $239,207 $1,479,359
Duvall $43,582 $44.454 $274.923 Seattle $ 5,261, 792 $5,367,028 $33.192,019
East Wenatchee $47,223 $48,167 $297.887 Shoreline $500,155 $510,158 $3.155.036
Eatonville $16,672 $17,006 $105.172 Skykomish $2;147 $2,190 $13.546
Edgewood $78,725 $80,299 $496,607 Snohomish $73,977 $75.456 $466.653
Edmonds $344,133 $351,016 $2.170,833 Snoqualmie $16,949 $17,288 ", " $106.917
Enumclaw $104,014 $106,094 $656.133 South Prairie $3,365 $3.432 $21.225
Everett $811,842 $828,079 $5.121.196 Stanwood $33.476 $34,145 $211,170
Federal Way $771,173 $786,596 $4.864,650 Steilacoom $50,601 $51,613 $319.197
Fife $40,313 $41,120 $254,302 Sultan $28,934 $29,512 $182,516
Fircrest $48,885 $49,863 $308.374 Sumner $70,819 $72,235 $446,735
Gig Harbor $53,885 $54,963 $339,916 Tacoma $ 1,595,206 $1,627,110 $10.062.751
Gold Bar $17,617 $17,969 $"1.131 Tukwila $ 156,886 $ 160,024 $989,656
Granite Falls $20,194 $20,598 $127,387 University Place $249,240 $254,225 $1.572.238
Hunts Point $4,241 $4,325 $26.751 Waterville $9,588 $9,780 $60.484
Index $1,340 $1,367 $8.453 Wilkeson $3,345 $3.412 $21.100
Issaquah $111,111 $ 113,333 $700.899 Woodinville $89,070 $90,851 $561.862
Kenmore $172,151 $ 175,594 $1.085.948 Woodway $8,308 $8,474 $52.405
i;;:~~ $737,556 $752,307 $4.652.594 Yarrow Point $9.430 $9,619 $59.487
nd $424,833 $433,329 $2.679.897
Park $123,740 $126,215 $780.567 _qqllDW~_
Ste~ens .~ ..'!!'!!'~"'.'
$55,835 $56,952 $352.215
Lakewood $493,770 $503,645 $3.114.759 County Distribution
Lynnwood $294.461 $300,351 $1.857.497 Douglas County $278,304 $283,870 $1.755.575
Mansfield $2,728 $2,782 $17.208 King County $5,045,991 $5,146,911 $31.830.721
Maple Valley $ 130,854 $ 133.471 $825.444 Pierce County $3,983,720 $4,063,394 $25.129.786
. Marysville $215,661 $219,975 $1.360.418 Snohomish County $3,846,698 $3,923,632 $24.265.436
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Would the initiative impact rental
for transit systems for the purpose
transportation?
No. The authorization in RCW 81.104.160 for transit systems and re-
gional transit authorities to impose a rental car tax of up to 2.172% for
high capacity transportation would not be eliminated. Sound Transit
currently imposes 0.8%.
In addition, the authority in RCW 35.58.273 for transit systems to impose
a 1.944% sales tax on rental car contracts for high capacity transporta-
tion would remain, but currently no transit system imposes this tax.
What are the indirectimpads of the initiative?
Many cities and counties use the $15 license fee revenue as matching
funds for state and federal grants on transportation projects. Without
the license fee revenue, jurisdictions would need to find other sources of
matching funds for those grants. Based on an assumption that 70% of
the local license fee revenues would be used for grant matching funds,
$22.5 million in new sources of grant matching funds would be needed
in 2003, and $142 million would be needed for the six-year period
between 2003 and 2008.
What is the effective date of the initiative?
The initiative does not include a specific effective date. If the initiative
is approved, the effective date would be 30 days after the election,
December 5.
Will there be legal challenges to the initiative?
Preliminary analysis has raised questions about the ability to repeal
revenue sources that are pledged for bond repayment and the ability
to repeal local voter-approved revenues by statewide initiative.
Cities should consult their attorneys if they have any questions about
legal issues that may be raised by the initiative and their potential
impact.
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!AWC
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ASSOCIAtiON OIF
WASHINGtON CfrlES
1076 Franklin St. SE
Olympia. WA 98501-1346
Phone: (360) 753-4137
Toll Free: 1-800-562-8981
Fax: (360) 753-0149
Website: www.awcnet.org
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Awe Resolution
Opposition to Initiative 776: Limiting Motor Vehicle
License Fees to $30
(Adopted at the AWe annual business meeting on June 21,2002.)
Background
Local governments in Washington are reeling from the effects of a
succession of recent anti-tax initiatives. This fall, the voters of
Washington State will consider yet another initiative that would further
erode local taxing authority and reduce local revenues.
Initiative 776 would:
. Require vehicle license tab fees to be $30, and 'reduce the annual
license fee on small trucks (8,000 or less pounds) to $30. This
would result in a revenue loss to the state motor vehicle fund
which helps pay for state transportation projects that benefit cities
and towns.
. Repeal the statute that allows counties (and certain qualifying
cities) to impose a $15 local option vehicle license fee. The fee is
currently imposed in Douglas, King, Pierce, and Snohomish. A
portion of the proceeds is distributed to cities within these counties
on a per capita basis, and is required to be used for transportation
purposes.
. Repeal Sound Transit's authority to impose a voter-approved
Motor Vehicle Excise Tax (MVET) of up to 0.8%. Sound Transit
currently imposes a 0.3% MVET, which was approved by voters
residing the Sound Transit regional transit authority (King, Pierce,
and Snohomish counties). The MVET makes up approximately 20
per cent of Sound Transit's current budget. I
Furthermore, 1-776 is the antithesis of local control. It would allow voters
statewide to overrule decision of locally elected officials and local voters.
Under 1-776 voters across the entire State of Washington are being
asked to repeal $15 vehicle license fees enacted by the commissioners
of King, Pierce, Snohomish, and Douglas counties.
In the case of the Sound Transit MVET, 1-776 would undo the actions of
citizens in Pierce, King, and Snohomish counties that voted to tax
themselves in order to support the system.
Awe Position
AWe opposes Initiative 776.
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ORrAN
ELES
WAS H I N G TON, U. S. A.
CITY COUNCil MEMO
DATE: October 22, 2002
To: MAYOR WIGGINS AND CITY COUNCIL MEMBERS
FROM: SUE ROBERDS, ASSISTANT PLANNER
SUBJECT: STREET VACATION PETITION - STY 02-04
I
PORTOF PORT A."NGELES - Portion of Tu..fllwater Street north of Ma..rine Drive
Summary: A petition for vacation of right-of-way has been received by ~e Port of Port Angeles.
Recommendation: The Department of Community Development recommends that the City
Council adopt the attached draft resolution setting a public hearing for Council.'s November 19,
2002, regular meeting for consideration of the petition.
Background / Analysis: During review of a short plat application recently submitted by the Port
of Port Angeles for property located north of Marine Drive between vacated Tumwater Street and
Cedar Street, it was discovered that ordit:lances that earlier vacated Tumwater Street did not vacate
the entire right-of-way. The intersection of Tumwater and First Street remains as public right-of-
way. In order to complete the short plat and proceed with the creation of the desired lot area for
what is known as the Westport Marine proj ect, the intersection must be vacated.
A petition requesting vacation of the small area was submitted by the Port of Port Angeles on
October 16,2002. Per RCW 35.79, Council must set a hearing by resolution for consideration of
such an action. The attached resolution accomplishes the required notific~tion for Council. The
Planning Commission will meet to discuss the issue on November 13,2002, and will forward a
recommendation to Council for Council's November 19th meeting. '
Attachments: Petition
Resolution
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