Agenda - 12/16/1996 Workshop
AGENDA
WOODBURN CITY COUNCIL
WORKSHOP SESSION - BALLOT MEASURE 47
December 16. 1996 - 7:00 p.m.
1 . WELCOME/CALL TO ORDER (Nancy A. Kirksey, Mayor)
2. OVERVIEW OF MEASURE 47 (Chris Childs, City Administrator)
3. REVIEW OF LEGAL IMPLICATIONS (N. Robert Shields, City Attorney)
4. REVIEW OF PROGRAMS & SERVICES (Chris Childs, City Administrator)
5. COUNCIL DISCUSSION/POLICY DIRECTION
6. ADJOURNMENT
T'
MEASURE 47 RESULT
CITY OF WOODBURN
Precinct Ward ~ ~ % in Favor
124 1 712 342 67.6%
125 3 341 191 64.1 %
126 2 335 213 61.1 %
127 5 705 423 62.5 %
128 1 362 159 69.5%
129 6 181 130 58.2%
130 4 ~ 2aa .6j .6%
3,116 1,757 63.9%
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REFERENCED IN CITY CHARTER:
. CITY ADMINISTRATOR
. MUNICIPAL JUDGE
. RECORDER
. CITY ATTORNEY
. POLICE CHIEF
. FIRE CHIEF
. DIRECTOR OF FINANCE
. DIRECTOR OF PUBLIC WORKS
. LIBRARY DIRECTOR
. DIRECTOR OF RECREATION & PARKS
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PLANNING FUNCTION
[Mandated by State Law]
1 . Current Planning - Individual site specific land use decisions must
be made in 120 days or city is subject to legal liability for costs and
attorney fees of developer.
2. Long-Bange eJanning - Many specific requirements and deadlines
including comprehensive plan. transportation plan. periodic review
process. inc.
1'"
[Numerous State/Federal Requirements/Deadlines]
1. Wastewater Treatment (Stipulated Final Order - SFO).
2. Storm water runoff Regulations.
3. Cross Connection Requirements.
4. Mandated Industrial Pre-Treatment Program.
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,
. Municiapl audits, investment rules and other standards mandated by
state law.
9::1.::.1..S.EI
. Mandated by State law. Issue is Imw it is provided.
.,.
Program:
Municipal Court
Total Budget (96-97):
$76,575 (a)
Property Tax Dollars:
?? (Correlates to Police Dept.)
Other Revenues:
$128,763 (FY 1995-96) (b)
"Turnstile Count":
2,457 (1995 Infractions/violations
processed)
Core Patronage:
1,221 (1995 - # Maste 1 r Files)
Notes/Remarks:
(a) Total budget includes all other
City Recorder activities not related
to Municipal Court.
(b) Includes revenues returned
from District Court for city-
generated citations ($3,600
$9,600/year)
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Program:
Library (All Programs)
Total Budget (96-97):
$647,550
Property Tax Dollars:
$492,043
Other Revenues:
$50,400 (a)
"Turnstile Count":
11,674/mo. (11/96)
Core Patronage:
6,256 (b)
Notes/Remarks:
(a) Includes:
$15,000 - Fines/Rural Reader Fees
$28,000 - CCRLS Subsidy Offsets
(b) Number of Library card holders
active since 1/1/96. (Total library cards
outstanding = 12,991 - last purged in
1993).
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Progra m:
Total Budget (96-97):
Property Tax Dollars:
Other Revenues:
"Turnstile Count":
Core Patronage:
Notes/Remarks:
Fixed Route Transit Bus
$87,528
$22,306
$32,550 (a)
37 , 244/yr . (FY 95-96)
250 - 300
(a) Includes:
$11 ,000 - Transit fares (budgeted)
$1 5,800 - Operating Grant
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Program:
Dial-A-Ride Van Service
Total Budget (96-97):
$39,841
Property Tax Dollars:
$14,751
Other Revenues:
$19,026 (a)
"Turnstile Count":
4,961/yr. (FY 95-96)
Core Patronage:
75 - 100
Notes/Remarks:
(a) Includes:
$ 4,200 - Fares
$12,500 - STF Grant
(Grant also supports volunteer
driver program)
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Program:
Dial-A-Ride/
Volunteer Driver Program
Total Budget (96-97):
$25,726
Property Tax Dollars:
$9,511
Other Revenues:
$2,800 (a)
"Turnstile Count"':
2, 142/yr. (FY 95-96)
Core Patronage:
40-60
Notes/Remarks:
(a) Donations from riders
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Program:
R.S.V.P.
Total Budget (96-97):
$85,224
Property Tax Dollars:
$22.458
Other Revenues:
$50.541 (a)
"Turnstile Count":
8,932/Qtr. (# volunteer hours)
Core Patronage:
232 (active volunteers reported)
Notes/Remarks:
(a) Includes:
$43,562 - Recurring Federal Grant
$6.479 - Special (one-time?)
State Grant
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Program:
LEISURE SERVICES - YOUTH
Total Budget (96-97):
$121,696
Property Tax Dollars:
$ 79,300
Other Revenues:
$ 42,396 (a)
"Tumstile Count":
11,533/yr.
Core Patronage:
Approximately 2,152 +
Notes/Remarks:
(a) Indudes:
$25,000 - Youth Drop-In Center
Grant
$17,396 - Recreation Program
Revenues
T'
Program:
LEISURE SERVICES - ADULT (a)
Total Budget (96-97):
$66,024
Property Tax Dollars:
$43,829
Other Revenues:
$22,195 (b)
"Turnstile Count":
11, 120 (c)
Core Patronage:
Approximately 1, 1 50 +
Notes/Remarks:
(a) Also includes Community
Center builing management.
(b) Includes:
$15,195 - Program Fees &
Revenues
$ 7,000 - Building Leases & Rentals
(c) Includes:
5,700 - Program Participation
5,420 - Community Center uses
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Program:
Woodbum Memorial Aquatic Center
Property Tax Dollars:
$309.094
$131.642
Total Budget (96-97):
Other Revenues:
$177.452 (as budgeted)
"Turnstile Count":
64.998 (13 100.-11/95 thru 11/96)
Core Patronage:
N/A (estimate only = 4.200)
Notes/Remarks:
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AQUATIC CENTER REVENUE/EXPENSE RATIO
Underlying principles: "Other successful pools receive 70-85% in user fee revenues"
(3/23/95). .The first year is generally the best year. "
1995-96 Target Level = 68%
1996-97 Target Level = 56%
Percent
Ooeratino Exoense Revenue Self-Suooortino Caoital Outlav
10/95 17,769 14,303 80.5 + 2,515/- 1 ,053
11/95 31,026 1,405 4.5 +6,500/- 8,869
12/95 28,311 7,395 26.1 - 18,402
1/96 27,931 12,585 45.1 - 16,222
2/96 25,835 10,242 39.6
3/96 28,657 12, 183 42.5
4/96 26,380 10,366 39.3
5/96 24,448 10,684 43.7 - 78
6/96 28,017 12,032 42.9 + 7,500/ - 910
7/96 19,568 19,118 97.7
8/96 29,776 14,525 48.8
9/96 30,045 8,712 28.6
10/96 30,045 7, 1 94 23.9
11/96 27.922 5.836 ~
$ 376,173 $146,580 39.0% * + 16,515/-45,534
'14 mo. deficit = $229,593
*
Adjusted for Capital Outlay
Deficit = 38.7%
Does not include incidental costs of:
. Custodial Staff
. Parks Maintenance Staff
. Administrative Oversight
. Engineering
. Builcflflg Inspector
. Code Enforcement
. Faci&ties Maintenance
. Parks Maintenance
. Vehicle & Equipment Maintenance
. Misc. Projects & Expenditures
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BALWT MEASURE 47
Woodburn City Council Special Meeting
December 16, 1996
The purpose of this outline is to offer some initial observations on Ballot Measure 47.
These observations, however, should be kept in perspective.
First, in my opinion, the Measure is poorly drafted and open to various interpretations
on important points. Legal opinions on certain aspects of the Measure are still in the
process of evolving.
Second, the 1997 Legislature has the legal responsibility of implementing the Measure
with legislation.
Finally, the constitutionality of the Measure is already being litigated and the rmallegal
outcome will be undetermined for some time.
I. BASICS OF BALWT MEASURE 47
A. Amends Oregon Constitution
B. !dI1s 1997-98 tax on each property to its 1994-95 tax or 10% less than 1995-96
tax, whichever is lower.
C. !dlm future growth to 3% per year
D. Allows certain very narrow exceptions to tax limit
E. Special voter approval is required for new or additional property
taxes. This is dermed as approval at a general election or an election
where at least 50% of all registered voters cast a ballot.
ll. FEE SHIFTING
A. Retroactively (to June 30, 1995) prohibits fee and revenue increases to make
up for the tax limitations imposed by the measure, without a vote
B. Oreeon Attorney General has concluded: "Accordingly, government action
increasing fees, assessments or other charges (other than state income taxes) for
goods and services that offset tax reductions resulting from the Measure would
violate the rmance "shifting" prohibition of the Measure. Such deliberate action
could include, but would not necessarily be limited to: a) Increasing the amount
of a fee used to rmance the service; b) broadening the category of persons to
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BALWT MEASURE 47
December 16, 1996
Page 2
which the service fee applied; or c) increasing how often the service fee was due."
C. Examples given by the Attorney General include increases in tuition.
library rmes. buildin~ permits. lunch fees and athletic fees.
D. Bond Counsel has advised that vote required for fee shift 6 only approval at
any valid election ("not special voter approval") Attorney General did not make
this distinction.
ill. ROLE OF THE LEGISLATURE
A. Measure directs to "prioritize public safety and education"
B. Measure also directs to "minimbe any loss of local control of cities and
counties"
C. Legislature delegated legal authority to adopt implementing legislation
IV. THE LITIGATION
A. ...flkd December 4, 1996 in Marion County Circuit Court
B. Parties are WC, Beaverton, Eugene, Pendleton, Salem, and various
special districts and individuals against the State of Oregon
C. Declaratory Judpnent action raising various constitutional arguments
1. More than a sin&le subject is addressed. This is
prohibited for ballot measures or legislation (i.e. Court
found north-south light ran to be legislation embracing more
than one subject.)
2. Is a "revision" and not merely an "amendment" A
revision must be approved by a 2/3 vote of the legislature.
3. Violates the federalparanty clause which requires each
state to have a republican form of government
D. Time frame for a rmal judicial determination will probably be two
years (perhaps six months less if legislation is passed to bypass Court of
Appeals)
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BALWT MEASURE 47
December 16, 1996
Page 3
V. PRACTICAL LEGAL ADVICE
A. Guideline No.1: Ask the question, What are the ~pacts of Measure
471 when addressing any piece of city business.
1. If you cannot determine if Measure 47 has an impact, ask
the City Attorney.
2. In certain cases, it will be necessary for the city to consult
with bond counsel to determine the impact.
B. Guideline No.2: Pay particular attention to actions by the city that
could constitute fee shifting, without voter approval.
C. Guideline No.3: Within legal limits, do not encourage annexations of
new property, at least until the 1997 Legislature addresses Measure 47's
impact on annexations.
Explanation: One "trouble area" where the Measure is horribly drafted is
in regard to annexations. There is a good argument that, without an
election, the city would be entitled to collect only a share of what was
levied by other taxing entities prior to annexation. This is because
approval of a "double majority" annexation does not require a vote.
Prior to the passage of Measure 47, the Oregon Constitution would
automatically apply the city's full tax rate to apply to newly annexed
areas. However, passage of the Measure means that application of the full
tax rate is probably unconstitutional because it conflicts with the "cap".
D. Guideline No.4: Stay current on the 1997 Legislature's mammoth task
of implementing Measure 47 and how these measure effect cities.
Communicate with you representatives and participate in the process in
order to achieve a more positive outcome.
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