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HomeMy WebLinkAboutFS 2010-11-16 COMPLETE AGENDA PACKET City of Tukwila Distribution S. Hunstock D. Speck �1 ILA y D. Quinn M. Hart R. Still A. Ekberg S. Kerslake D. Tomaso J 4,p\ y Finance and Safety K. Hougardy K. Kertzman J. Trantina �C D. Robertson T. Kinlow M. Villa Committee Mayor Haggerton K. Mate] Judge Walden --1 S. Lancaster P. McCarthy B. Arthur 0 De'Sean Quinn, Chair C. O'Flaherty M. Miotke C. Parrish S. Brown G. Labanara S. Kirby O Allan Ekberg J. Ferrer -Santa Ines D. Lincoln S. Norris 90: 0 Kathy Hougardy B. Giberson N. Olivas D Haynes J. Pace AGENDA TUESDAY, NOVEMBER 16, 2010 CONFERENCE Room #3, 5:00 PM Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. 2011 -2012 Legal Services Contract. a. Forward to 11/22 C.O.W. Pg.1 Steve Lancaster, City Administrator and 12/6 Regular Mtg. b. Tax Levy Legislation: Shawn Hunstock, Finance Director b. Forward to 11/22 C.O.W. Pg.9 (1) An Ordinance levying the General Taxes for the Fiscal Year and 11/22 Special Mtg. commencing January 1, 2011. (2) A Resolution declaring a Finding of Substantial Need relating to the Property Tax Levy commencing January 1, 2011. (3) An Ordinance increasing the Regular Property Tax Levy one percent from the previous year commencing January 1, 2011. c. Budget Legislation: Shawn Hunstock, Finance Director c. Forward to 11/22 C.O.W. Pg.17 (1) An Ordinance amending the 2010 Budget. and 12/6 Regular Mtg. (2) An Ordinance adopting the 2011 -2012 Budget. Pg.27 (3) A Resolution adopting the Capital Improvement Program. d. City Investments: d.(1) Information only. Pg.33 (1) Investment Report for 3rd Quarter. d.(2) Committee approval. (2) Draft Investment Policy. Peggy McCarthy, Deputy Finance Director e. Sales Tax Report. e. Information only. Pg.51 Shawn Hunstock, Finance Director 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, December 7, 2010 Committee Goals: x Work together in cooperation with nearby cities to address common problems in the Highway 99 corridor and Military Road. x Ensure a commitment to continued human services funding in relation to the cost of living through consistent review of regional, state and federal budgets affecting human services progams and services (also assigned to CAP). x Research the viability of sponsoring a City -wide Citizens' Academy (also assigned to CAP). The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 433 -1800 (TDD 206 248 -2933) for assistance. BLANK 1-4 W,9s ti City of Tukwila e Jim Haggerton, Mayor si 90: INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Steve Lancaster DATE November 8, 2010 SUBJECT: Contract for Legal Services, 2011 -2012 ISSUE The current contract for legal services provided by Kenyon Disend PLLC expires December 31, 2010. Attached is a proposed contract for 2011 -2012 BACKGROUND The City of Tukwila contracts for legal services including: General city attorney services; Prosecution services; Litigation and contested administrative proceedings, Paralegal services; and "Special services" (services not otherwise specified) DISCUSSION Under the current and proposed contracts, general city attorney, prosecutor and paralegal services are provided at a flat monthly rate. Litigation, contested administrative proceedings and "special services" are subject to prior approval and are billed at the hourly rates of contractor staff involved. Contractor's hourly rates are attached to the proposed 2011 -2012 contract. The 2010 flat rate for general city attorney and prosecutor services under the current contract is $39,786 per month. The flat rate for both 2011 and 2012 under the proposed new contract is $35,500 for a monthly savings of $4286 ($51,432 per year) RECOMMENDATION It is recommended that this contract be forwarded to the November 22, 2010 Committee-of-the Whole meeting for discussion, and the December 6, 2010 Regular Meeting for approval ATTACHMENTS Draft Contract for Legal Services 1 Contract No. CONTRACT FOR LEGAL SERVICES This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and KENYON DISEND, PLLC, hereinafter referred to as "the Contractor," whose principal office is located in Issaquah, Washington. WHEREAS, the City has a need to have certain legal services performed for its citizens; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scone and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. Such local rules and ordinances shall include, but not be limited to, the City Code of Ethics, as set forth in Ordinance No. 2068. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2011, and ending December 31, 2012, unless sooner terminated pursuant to paragraph 8 of this Agreement. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall -1 KenyonDisend20l 1 2012 Contract 2 not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Insurance. The Contractor shall procure and maintain in full force throughout the duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. 8. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. 9. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 10. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 11. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement and with the consent of the City Council. -2 KenyonDisend2011 2012 Contract 3 12. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 13. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of 2010. CITY OF TUKWILA CONTRACTOR: KENYON DISEND, PLLC By: Mayor Jim Haggerton Title: ATTEST /AUTHENTICATED: ADDRESS: 11 Front Street South Issaquah, Washington 98027 (425) 392 -7090 Christy O'Flaherty, City Clerk -3 KenyonDisend20l I 2012 Contract 4 EXHIBIT A SCOPE OF SERVICES Contractor agrees to provide a level of service equal to or greater than the level of service provided by an in -house city attorney office consisting of one city attorney and one assistant city attorney /prosecutor. In particular, Contractor agrees to: 1. Provide general city attorney services, which include but are not limited to: A. Attend regular meetings of the City Council; B. Attend Executive Sessions and special meetings of the City Council, Committee of the Whole, Committee meetings, and meetings of City Boards and Commissions, upon request; C. Prepare or review ordinances, resolutions, contracts, interlocal agreements, and other city documents or materials as requested; D. Practice "preventative law" in the form of regular consultation with staff and elected officials, and maintenance of between 20 and 25 "office hours" each week at City Hall, exclusive of prosecutor time; E. Provide special classes and/or seminars for staff, elected officials, Boards, and Commissions on issues including, but not limited to, ethics, conflict of interest, and the appearance of fairness doctrine. F. Except as set forth in Section 3, defend litigation brought against the City; G. Defend or initiate administrative hearings involving the City including, but not limited to, drug forfeiture and seizure hearings, code enforcement, and similar matters; H. Such other general city attorney matters as are assigned; I. Provision of cellular telephones to all attorneys employed by Contractor, and a list of such telephone numbers to the City; and J. Comprehensive Internet and remote access capability, including e -mail, linking Contractor's office with City Hall. -4 KenyonDisend2011 2012 Contract 5 2. Provide city prosecution services, which include but are not limited to: K. Review, determine filing decision, and file all Tukwila Police Department reports involving misdemeanor and gross misdemeanor crimes, and represent the City on all contested traffic hearings; L. Regularly consult with and train police department personnel on selected legal issues, and attend police department administrative staff meetings as requested; M. File and defend appeals of municipal court decisions; and N. Such other city prosecution matters as are assigned. 3. Provide City Attorney services for litigation and contested administrative proceedings, which include but are not limited to: O. Initiation and defense of litigation and contested administrative proceedings on the City's behalf. Contractor shall be compensated for such litigation and contested administrative proceedings as Separate Matters under paragraph 2 of Exhibit B. 4. Provide Special Services, which include but are not limited to: P. Other specialized municipal law services; provided, however, that any such Special Services shall first be authorized by the Mayor, and shall be subject to paragraph 3 of Exhibit B regarding compensation. 5. Provide paralegal services, which include but are not limited to: Q. General paralegal support for the City Attorney and for the prosecuting attorney equivalent to one FTE. 6. It is understood and agreed that the City Attorney shall not provide private legal services to any employee of the City of Tukwila during the term of this agreement. -5 KenyonDisend201 l 2012 Contract 6 EXHIBIT B COMPENSATION AND METHOD OF PAYMENT 1. For 2011, for all general city attorney and city prosecutor services set forth in paragraphs 1 and 2 of Exhibit A, Contractor shall be paid a flat monthly fee of $35,500.00, plus extraordinary expenses. For 2012, for all general city attorney and city prosecutor services set forth in paragraphs 1 and 2 of Exhibit A, Contractor shall be paid a flat monthly fee of $35,500.00, plus extraordinary expenses. Extraordinary expenses shall include court filing fees, deposition and other discovery costs, parking, mileage costs other than to and from City Hall or other locations within the City, and other similar expenses advanced by Contractor on City's behalf. Extraordinary expenses shall not include routine photocopying, fax, or long- distance telephone charges 2. All litigation and administrative proceeding services set forth in paragraph 3 of Exhibit A shall be considered to be Separate Matters. Contractor shall maintain its current practice of providing individual monthly billing statements for each Separate Matter. Separate Matters mean (a) each individual civil action filed by or against the City, except that multiple condemnation lawsuits related to the same project shall constitute only one Separate Matter, (b) all Code Enforcement matters collectively conducted before the Hearing Examiner or in Court, but not including general code enforcement services which shall be included in Contractor's flat monthly fee, (c) all criminal appeals collectively filed by or against the City, (d) all significant projects which require specialized knowledge and hours expended outside of the regular office hours for that attorney; and (e) all drug or other forfeiture matters collectively filed by or against the City. Contractor shall include within the monthly flat fee, and shall not otherwise bill the City for, the first $5,000 expended on any Separate Matter as computed at Contractor's normal hourly rates for 2011 and 2012. Thereafter, and for each such Separate Matter, Contractor shall be paid its normal hourly rates for 2011 and 2012. A copy of Contractor's hourly rates for 2011 is attached hereto. 3. Special Services, if any, shall first be approved by the Mayor and City Council after negotiation regarding (1) whether additional compensation is fair and equitable for such Special Services and, if so, (2) the amount and manner of payment (e.g., flat fee, hourly, other) for such Special Services. -6 KenyonDisend20l 1 2012 Contract 7 KENYON DISEND, PLLC HOURLY RATE SCHEDULE FOR YEAR 2011 ATTORNEYS: Partners and Senior Attorneys: Michael R. Kenyon $255.00 Bruce L. Disend $255.00 Shelley M. Kerslake $225.00 Chris D. Bacha $225.00 Bob C. Sterbank $225.00 Margaret J. King $220.00 Kari L. Sand $210.00 Associate Attorneys: Renee G. Walls $170.00 Sara B. Springer $145.00 Rachel B. Turpin $110.00 PARALEGALS: Margaret C. Starkey $105.00 Sheryl A. Loewen 95.00 Pam M. Odegard 90.00 Shelly Crossland 90.00 Mary Eichelberger 90.00 Terry Cox 90.00 Kathy Swoyer 90.00 LEGAL INTERNS: $105.00 -7 KenyonDisend2011 2012 Contract 8 J 1ILA G Vf.ci 4 s C ity of Tukwila .;i.1, r e 9 Jim H gg rto Mayor a e n, 90 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Shawn Hunstock, Finance Director DATE: November 10, 2010 SUBJECT: 2011 Property Tax Levy Ordinances and Resolution ISSUE Council must adopt the property tax levy ordinance by November 30 Council must adopt an ordinance setting the levy rate, and an ordinance setting the levy amount. If Council wishes to levy an addition 1% above the 2010 level, a resolution declaring a finding of substantial need must also be passed by Council. BACKGROUND The City was notified on October 26, 2010 that the assessed value for Tukwila for 2011 is projected to be $4,737,264,412. This represents a decrease of $245,187,939, or 4.9 from the 2010 assessed value. DISCUSSION The City's current levy rate for 2010 is $2.66 per $1,000 of assessed value. In order for the City to levy the maximum of 101% of 2010 revenue, a levy rate of $2.82 would be needed for 2011. The change in levy of $0.16 represents a 6.02% increase. Assuming a home of average value of $300,000, and no change in assessed value, the increase in levy rate would cost approximately $48 per year for a Tukwila resident. There is a possibility that the King County Assessor's Office could provide late adjustments to assessed value after Council adopts the accompanying ordinances and resolution. This did occur last year for the 2010 property tax levy. Should this happen again this year, a revised ordinance would be presented to Council on December 6 RECOMMENDATION The Finance and Safety Committee is being asked to approve the 2011 property tax levy ordinances and resolution finding of substantial need. This item is scheduled for the November 16 Finance and Safety Committee meeting, and the Committee of the Whole and Special Council Meetings on November 22 ATTACHMENTS Draft Ordinances Draft Resolution 9 10 D NA, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, LEVYING THE GENERAL TAXES FOR THE CITY OF TUKWILA IN KING COUNTY FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2011, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY, WHICH IS SUBJECT TO TAXATION FOR THE PURPOSE OF PAYING SUFFICIENT REVENUE TO CARRY ON THE SERVICES OF THE SEVERAL DEPARTMENTS OF SAID CITY FOR THE ENSUING YEAR, AS REQUIRED BY LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila has considered the City's anticipated financial requirements for 2011 and the amounts necessary and available to be raised by ad valorem taxes on real, personal and utility property; and WHEREAS, the final assessed valuation calculation has been determined, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regular Tax Levy. A. There shall be and hereby is levied on all real, personal and utility property in the City of Tukwila, in King County, whose estimated assessed valuation is $4,737,264,412, current taxes for the ensuing year commencing January 2011, in the amount and at the rates specified below. Rate Amount Regular Tax Levy $2.82 $13,375,000 B. The said taxes herein provided for are levied for the purpose of payment upon the general bonded indebtedness of the City of Tukwila, the General Fund, and for the maintenance of the departments of the municipal government of the City of Tukwila for the fiscal year beginning January 1, 2011. Section 2. Collection. This ordinance shall be certified to the proper County officials, as provided by law, and taxes here levied shall be collected to pay to the Finance Director of the City of Tukwila at the time and in the maruner provided by the laws of the State of Washington for the collection of taxes for non chartered code cities. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect January 1, 2011. PASSED BY THE CITY COUNCIL• OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number W \Word Processing Ordinances \General Tax Levy 2011.doc SH:nvh 11/09/2010 Page 1 of 1 11 12 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON, DECLARING A FINDING OF SUBSTANTIAL NEED RELATING TO THE CITY OF TUKWILA PROPERTY TAX LEVY, COMMENCING JANUARY 1, 2011, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN COMPLIANCE WITH RCW 84.55.120. WHEREAS, the City of Tukwila has properly given notice of a public hearing, held on November 22, 2010, pursuant to RCW 84.55.120; and WHEREAS, the City Council finds that there is a substantial need, due to declining sales tax revenue and general maintenance and operation expenses, to increase the budget by 1% and to set the levy limit at 101 pursuant to RCW 84.55.010; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. An increase of 1% in the regular property tax levy, in addition to any amount resulting from the addition of new construction and improvements to property and any increase in the value of State- assessed property, is hereby authorized for the 2011 levy This increase is exclusive of additional revenue resulting from new construction, improvements to property, and any increase in the value of State assessed property, any annexations that have occurred and refunds made. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2010 ATTEST/ AUTHENTICATED: Dennis Robertson, Council President Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY Passed by the City Council. Published. Effective Date: Office of the City Attorney Ordinance Number W" Word Processing \Resolutions \201 1 Property Tax Levy Substantial Need.doc SH:mrh 11/9/2010 Page 1 of 1 13 14 Dp APT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, INCREASING THE CITY OF TUKWILA REGULAR LEVY FROM THE PREVIOUS YEAR, COMMENCING JANUARY 1, 2011, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN COMPLIANCE WITH RCW 84.55.120; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has properly given notice of a public hearing held on November 22, 2010, pursuant to RCW 84.55.120; and WHEREAS, after hearing and duly considering all relevant evidence and testimony presented, the City Council has determined that in order to discharge its expected expenses and obligations the City requires an increase in property tax revenue from the previous year, in addition to the increase resulting from the addition of new construction and improvements to property and any increase in the value of State- assessed property; and WHEREAS, the City Council has determined it is in the City's best interest and necessary to meet its expenses and obligations for the property tax revenue to be increased for 2011, and the final assessed valuation calculation has been determined, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. An increase in the regular property tax levy, in addition to any amount resulting from the addition of new construction and improvements to property and any increase in the value of State- assessed property, is hereby authorized for the 2011 levy in the amount of $107,296, which is a percentage increase of 1.0% from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, any increase in the value of State assessed property, any annexations that have occurred and refunds made. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect January 1, 2011. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2010. ATTEST /AUTHENTICATED Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY. Passed by the City Council: Published. Effective Date: Office of the City Attorney Ordinance Number W' \Word Processing Ordinances \Regular Tax Levy Increase 2011.doc SH:m.rh 11/09/2010 Page 1 of 1 15 16 4 %LA= J� (41,5:1' City of Tukwila f El Jim Haggerton, Mayor f t 905 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Shawn Hunstock, Finance Director DATE: November 10, 2010 SUBJECT: 2010 Year End Budget Amendment ISSUE Some departments within the General Fund, as well as some other funds in total, are projected to be at risk of going over budget by the end of 2010. While the legally adopted budget is only at the fund level, we typically reallocate money within the funds to appropriate money to departments projected to be over budget by the end of the year. BACKGROUND When the 2009 -2010 budget was adopted in December 2008, some items were not anticipated at that time. As such, a budget amendment must be done before the end of the biennium to appropriate money for these unforeseen items. Also, there are circumstances where the amount budgeted back in December 2008 was not sufficient to cover two years worth of activity for a given department or line -item. The items outline below are those that should be addressed before the end of 2010 to fully appropriate enough money to departments within the General Fund, as well as increase funding in other funds for items that were not known when the 2009 -2010 budget was adopted. DISCUSSION General Fund Two revenue line items are expected to be over budget by year end, and will thus pay for the temporary budget increase needed to fund additional expenses in 2010. Property tax revenue is estimated to be over budget by $393,000 by year end, and business license revenue is estimated to be over budget by at least $32,000. A $9,000 grant was also received by the Arts Commission, the use of which is included below as an expense. The Arts Commission received a $9,000 grant from 4Culture for curtains at the Foster Performing Arts Center. As this was not originally budgeted for the Commission, a budget amendment is necessary to fund the use of that money. 17 INFORMATIONAL MEMO Page 2 In the Finance Department, claims and judgment activity has been extremely high in 2010. Claims expenses, amounts paid below our deductible with WCIA, was $212,486 in 2009. Through October 2010, expenses to date are $412,886. Approximately ninety five percent of the claims paid related to police activities. Also, the Finance department purchased the EDEN Business License module, and related real -time cashiering software, to implement the recently adopted Revenue Generating Regulatory License fee. This fee, along with business licenses themselves, will be sold by the Finance department beginning December 1 The cost of the two pieces of software, including staff training, was approximately $40,000. Annual support costs for these two items are already included in the 2011 -2012 proposed preliminary budget. It is estimated that the Legal budget will need another $40,000 in temporary funding for Special Matters conducted during 2010. The Special Matters are above and beyond the typical general legal counsel and prosecutorial services provided by Kenyon Disend. The one -time items typically involve special projects such as sign code changes, reviewing development agreements, and consulting City staff on various other project related tasks. The budget for building abatement was incorrectly allocated 100% to 2009 in the 2009- 2010 biennial budget. The Department of Community Development is in need of funding to cover costs incurred in 2010 related to building abatement in the amount of $35,000. The Court budget is projected to be over spent by year end, with the majority of the excess expenditures coming from the Public Defender line item. It is expected that another $25,000 will be needed to fund this unusual increase in public defender costs during 2010. The Fire department is projected to be over budget by approximately $85,000, with the majority of the variance coming from O &M expenses from the Public Works, Fleet division. There were numerous incidents involving vehicles and apparatus during 2010, and some incidents in 2009 that were paid for in 2010. Some of these costs were reimbursed by either the City's insurance, or private insurance in the case of motor vehicle accidents. Nevertheless, the cost of apparatus repair is charged to the Fire department and additional funding is needed to cover the abnormally high charges from Fleet. The Parks Maintenance budget is projected to be over budget in the surface water fee line item. These are fees that are paid to the City's surface water utility. The budget for these fees has been corrected in the 2011 -2012 proposed preliminary budget, but additional funding of $25,000 is needed for 2010 to cover the rate increase that occurred this year. Hotel /Motel Tax Fund 101 In the Hotel /Motel Tax fund, it is necessary to include in the budget amendment the revenue coming from SeaTac for the cost of moving the visitor's center to SeaTac. This is approximately $55,000. There was also money unspent in 2009 that staff needs allocated to 2010 for web site work and vacation planners. The increase in professional services is approximately $145,000 for both items. 1 8 W12010 InfoMemos\BudgetAmendment.doc INFORMATIONAL MEMO Page 3 Arterial Street Fund 104 In the Arterial Street Fund, a bond issue occurred in 2010 for the Southcenter Parkway realignment and construction project. While a majority of this money will be carried forward to 2010 and beyond, it is necessary to budget for the revenue and start of construction during 2010 when the bond sale occurred. The amount of the bond sale allocated to the Southcenter Parkway project is $4,355,930. Debt Service Fund 214 2010A LTGO Tax Exempt Bonds Debt service on the tax exempt bonds issued in 2010 must be budgeted for to fund the payment. That portion of the debt service allocated to the Southcenter Parkway project will come from revenue generated within the project area, supplemented as necessary from general revenue sources in the General Fund. The portion allocated to emergency equipment related expenses will be funded by Transfers -In from the General Fund of general revenue. Debt Service Fund 215 2010B Build America Bonds Debt service on the taxable Build America Bonds issued in 2010 must be budgeted for to fund the payment. That portion of the debt service allocated to the Southcenter Parkway project will come from revenue generated within the project area, supplemented as necessary from general revenue sources in the General Fund. The portion allocated to emergency equipment related expenses will be funded by Transfers -In from the General Fund of general revenue. General Government Improvements 303 In the General Government Improvements CIP fund, a bond issue occurred in 2010 for the purchase of emergency preparedness and response equipment. While a majority of this money will be carried forward to 2010 and beyond, it is necessary to budget for the revenue and equipment purchases during 2010 when the bond sale occurred. The amount of the bond sale allocated to emergency equipment purchases is $1,582,545. RECOMMENDATION The Finance and Safety Committee is being asked to approve the 2010 year end budget amendment. This item is scheduled for the November 16 Finance and Safety Committee meeting, the November 22 Committee of the Whole and December 6th Regular Council Meeting. ATTACHMENTS Draft Ordinance 2010 Year -End Budget Amendment (spreadsheet) 2010 Year End Budget Errata (spreadsheet) W\ 2010 1nfoMemos \Budget Amendment .doc 1 9 20 LAX b T AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2221, WHICH ADOPTED THE CITY OF TUKWILA'S FIRST BIENNIAL BUDGET FOR THE 2009 -2010 BIENNIUM, TO ADOPT AN AMENDED BIENNIAL BUDGET; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 15, 2008, Ordinance No. 2221 adopted the 2009 -2010 biennial budget of the City of Tukwila, and WHEREAS, a public hearing on the proposed 2010 year -end budget amendment was advertised and held on November 22, 2010; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Tukwila Ordinance No. 2221 is hereby amended with the City Council's adoption of the document entitled "City of Tukwila 2010 Year -End Budget Amendment," incorporated by this reference as if fully set forth herein, in accordance with RCW 35A.34.200. Section 2. Estimated Revenues and Appropriations. The totals of the estimated revenues and appropriations for each separate fund and the aggregate totals are as follows: FUND EXPENDITURES REVENUES 000 General $105,924,696 $105,924,696 101 Hotel /Motel Tax Fund $3,652,148 $3,652,148 104 Arterial Street $95,408,930 $95,408,930 214 LTGO Bonds 2010A $134,681 $134,681 215 LTGO Bonds 2010B $64,541 $64,541 303 General Gov Improvements $3,858,545 $3,858,545 Section 3. Copies on File. A complete copy of the final budget for 2009 -2010, as adopted, together with a copy of this amending ordinance, shall be kept on file in the City Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010 ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published. Effective Date: Office of the City Attorney Ordinance Number Attachment: City of Tukwila 2010 Year -end Budget Amendment W Word Processing Ordinances 2010 Budget Amendment SHanrh 11/9/2010 Page 1 of 1 21 22 City of Tukwila 2010 Year -End Budget Amendment 2009 -2010 Mid Biennium 2010 Year -End Final Adjusted Adopted Budget Adjusted 2009- Budget 2009 -2010 Budget Adjustment 2010 Budget Amendment Budget Fund 000 General 99,497,000 5,993,696 105,490,696 434,000 105,924,696 101 Hotel /Motel Tax 3,597,148 3,597,148 55,000 3,652,148 103 City Street 877,000 877,000 877,000 104 Arterial Street 91,553,000 (500,000) 91,053,000 4,355,930 95,408,930 105 Contingency 892,187 892,187 892,187 107 Fire Equipment Cumulative Reserve 767,797 767,797 767,797 207 Limited Tax G.O. Bonds, 1999 1,886,000 1,886,000 1,886,000 208 Limited Tax G.O. Bonds, 2000 735,000 735,000 735,000 209 Limited Tax G.O. Bonds, 2003 1,531,000 1,531,000 1,531,000 210 Limited Tax G.O. Refunding Bonds, 2003 1,233,000 1,233,000 1,233,000 211 Limited Tax G.O. Refunding Bonds, 2008 96,000 96,000 96,000 214 Limited Tax G.O Refunding Bonds, 2010A 134,681 134,681 215 Limited Tax G.O Refunding Bonds, 2010B 64,541 64,541 301 Land Acquisition, Recreation Park Development 11,272,000 11,272,000 11,272,000 302 Facility Replacement 7,939,000 287,712 8,226,712 8,226,712 303 General Government Improvements 2,276,000 2,276,000 1,582,545 3,858,545 401 Water 15,151,301 15,151,301 15,151,301 402 Sewer 15,862,365 15,862,365 15,862,365 404 Water /Sewer Revenue Bonds 1,241,435 1,241,435 1,241,435 405 Bond Reserve 411,000 411,000 411,000 411 Foster Golf Course 5,137,534 5,137,534 5,137,534 412 Surface Water 11,984,134 11,984,134 11,984,134 501 Equipment Rental 10,324,969 10,324,969 10,324,969 502 Insurance Fund 13,155,217 13,155,217 13,155,217 503 Insurance LEOFF 1 Fund 2,282,562 2,282,562 2,282,562 611 Firemen's Pension 1,578,000 1,578,000 1,578,000 Total 302,417,649 5,877,408 307,062,057 6,626,697 313,688,754 23 City of Tukwila 2010 Year End Budget Errata General Fund 000 Revenue. Real and Personal Property Tax 000.311.100.00.00 393,000 Business Licenses 000.321.900.00.00 32,000 Cultural Development Authority -Arts Comm 000 337.072.04.00 9,000 Total Revenue 434,000 Expenditures: Arts Commission Foster PAC Curtains 000.03.573.900.48.00 9,000 Finance Claims and Judgements 000.05.514.230.49.03 175,000 EDEN Business License Module 000.05.594.230 64.00 40,000 City Attorney Special Matters 000.06.515.200.41.03 40,000 Community Development Building Abatement Program 000.08.559.600.49.02 35,000 Court Public Defender 000.09 512.500.41.02 25,000 Fire Department Equipment Rental O &M 000.11.522.200.45.95 85,000 Parks Maintenance SSWM Charges 000.15.576 800.47.01 25,000 Total Expenditures 434,000 Fund Total: Hotel /Motel Tax Fund 101 Revenue' SeaTac Community Services (100%) 101.338.573 01.00 55,000 Total Revenue 55,000 Expenditures: Media Buy Special Projects 101.00.557.301.44.12 75,000 Media Buy Magazines /Brochures 101.00.557.301.44.15 70,000 Page 1 24 City of Tukwila 2010 Year End Budget Errata Est Ending Unreserved Fund Balance 291.840.00 (90,000) Total Expenditures 55,000 Fund Total: Arterial Street Fund 104 Revenue: Bond Proceeds 104 391.102.00 00 4,355,930 Total Revenue 4,355,930 Expenditures Southcenter Parkway Construction 104 97 595.800. 4,355,930 Total Expenditures 4,355,930 Fund Total: 2010A LTGO Bond Fund 214 Revenue: Sales and Use Tax 214 313.100 00 00 134,681 Total Revenue 134,681 Expenditures: Debt Service Costs 214.00 59* 950.8 134,681 Total Expenditures 134,681 Fund Total: 2010B LTGO Bond Fund 215 Revenue Sales and Use Tax 215.313.100 00.00 41,951 IRS Interest Cost Subsidy 215.332.210.20 00 22,590 Total Revenue 64,541 Expenditures: Debt Service Costs 215.00.59 *.950 8 64,541 Page 2 25 City of Tukwila 2010 Year End Budget Errata Total Expenditures 64,541 Fund Total General Government Improvements 303 Revenue: Bond Proceeds 303.391.102.00.00 1,582,545 Total Revenue 1,582,545 Expenditures: Emergency Response Equipment 303.97.594.190 1,582,545 Total Expenditures 1,582,545 Fund Total Page 3 26 �4ILQ"i s City of Tukwila a Jim Haggerton, Mayor \19oa INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Shawn Hunstock, Finance Director DATE: November 10, 2010 SUBJECT: 2011 -2012 Biennial Budget Ordinance 2011 -2016 Financial Planning Model Capital Improvement Program ISSUE Council must adopt the 2011 -2012 biennial budget and 2011 -2016 Capital Improvement Plan by the end of December. This typically happens with the first Regular meeting in December. BACKGROUND The proposed preliminary budget for 2011 -2012 and draft 2011 -2016 CIP were presented to Council on October 4, 2010. Since that time, there have been a number of meetings to discuss items within the budget and CIP, as well as detailed review by all Council committees during the month of October. Council also held a special budget workshop on October 19, 2010. DISCUSSION The proposed 2011 -2012 biennial budget reflects the adjustments presented to Council as part of the City's three legged approach to dealing with the current financial crisis. Program and service reductions have been included in the relevant departments, as well as related revenue increases. New revenue sources were adopted by Council, including the Revenue Generating Regulatory License fee. Also, steps were taken to address the cost of employee compensation. The final budget document will include a savings of approximately $1.2 million per year in contributions to the City's self insurance fund. A listing of changes to the proposed preliminary budget will be presented at the November 22 Committee of the Whole meeting. These changes will include, among other items, any agreed to COLA reductions from represented and non- represented employees. 27 INFORMATIONAL MEMO Page 2 RECOMMENDATION The Finance and Safety Committee is being asked to approve the 2011 -2012 biennial budget ordinance and the 2011 -2016 Financial Planning Model and Capital Improvement Plan resolution and forward to the Committee of the Whole. This item is scheduled for the November 16 Finance and Safety Committee meeting, the November 22 Committee of the Whole meeting, and the December 6 Regular Council meeting. ATTACHMENTS Draft Budget Ordinance Draft CIP Resolution 28 W InfoMemos\Biennial Budget Ordinance.doc ri r) PA p r.:,„y i- k'a ti J AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE ANNUAL BUDGET OF THE CITY OF TUKWILA FOR THE 2011 -2012 BIENNIUM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the preliminary budget of the City of Tukwila for the 2011 -2012 biennium was submitted to the City Council in a timely manner for their review; and WHEREAS, a Public Hearing on the proposed budget was advertised and held on November 22, 2010; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council hereby adopts the document entitled "City of Tukwila 2011- 2012 Budget," incorporated by this reference as if fully set forth herein, in accordance with RCW 35A.33.075 Section 2. The totals of the estimated revenues and appropriations for each separate fund and the aggregate totals are as follows: 2011 2012 Total Biennium Revenue Revenue Revenues Fund Expenditures Expenditures Expenditures 000 General 56,907,414 58,018,052 114,925,466 101 Hotel /Motel 2,049,961 1,753,718 3,803,679 103 City Street 731,000 804,171 1,535,171 104 Arterial Street 38,290,139 10,516,647 48,806,786 105 Contingency 1,293,816 2,595,632 3,889,448 107 Fire Equipment Cumulative Reserve 771,685 901,356 1,673,041 109 Drug Seizure Fund 406,000 208,000 614,000 209 Limited Tax G.O. Bonds 2003 592,572 594,350 1,186,922 210 Limited Tax G.0 Refunding Bonds, 2003 501,932 500,893 1,002,825 211 Limited Tax G.0 Refunding Bonds, 2008 836,829 831,042 1,667,871 212 Limited Tax G.O. Refunding Bonds, 2009A 30,166 30,184 60,350 213 Limited Tax G.O. Refunding Bonds, 2009B 254,438 254,605 509,043 214 Limited Tax G.O. Refunding Bonds, 2010A 395,775 393,975 789,750 215 Limited Tax G.O. Refunding Bonds, 2010B 190,450 190,450 380,900 301 Land Acquisition, Recreation Park Devl. 5,096,243 4,695,772 9,792,015 302 Facility Replacement 2,005,756 1,886,121 3,891,877 303 General Government Improvements 957,203 700,906 1,658,109 304 Fire Improvements 190,100 240,200 430,300 401 Water 10,271,534 7,136,837 17,408,371 402 Sewer 9,121,426 6,676,755 15,798,181 404 Water /Sewer Revenue Bonds 651,637 671,185 1,322,822 405 Bond Reserve 411,000 411,000 822,000 411 Foster Golf Course 2,337,200 1,790,847 4,128,047 412 Surface Water 5,214,886 4,634,471 9,849,357 501 Equipment Rental 5,642,740 5,772,824 11,415,564 502 Insurance Fund 10,123,953 9,872,335 19,996,288 503 Insurance LEOFF 1 Fund 1,929,040 1,825,846 3,754,886 611 Firemen's Pension 1,503,872 1,491,744 2,995,616 Total All Funds Combined 158,708,767 125,399,918 284,108,685 W \Word Processing Ordinances \DRAFT Budget Ordnance 2011- 2012.doc SH:rnrlr Page 1 of 2 29 Section 3. A complete copy of the final budget for 2011 -2012, as adopted, together with a copy of this adopting ordinance, shall be kept on file in the City Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and hall take effect and be in full force and effect five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY. Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: W \Word Processing Ordinances \DRAFT Budget Ordinance 2011- 2012.doc SH:nvh Page 2 of 2 30 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2011 -2016 FINANCIAL PLANNING MODEL AND THE CAPITAL IMPROVEMENT PROGRAM FOR GENERAL GOVERNMENT AND THE CITY'S ENTERPRISE FUNDS. WHEREAS, when used in conjunction with the biennial City budget, the Capital Improvement Program (CIP) and the Financial Planning Model for the period 2011 -2016 are resource documents to help plan directions the City will consider for the future; and WHEREAS, the Financial Planning Model and Capital Improvement Program are not permanent fixed plans, but are guidelines or tools to help reflect future goals and future resources at the time budgets are being planned; and WHEREAS, the commitment of funds and resources can only be made through the budget process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council hereby adopts the 2011 -2016 Financial Planning Model and accompanying Capital Improvement Program, incorporated by this reference as if fully set forth herein. Section 2. A copy of the 2011 -2016 Financial Planning Model and accompanying Capital Improvement Program shall be kept on file in the City Clerks Office. Section 3. The assumptions, revenues and expenditures will be reviewed and updated annually, or as necessary, by the City Council. Section 4. The detail of Capital Improvement Program projects will be reflected in the published Financial Planning Model and Capital Improvement Program 2011 -2016. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010 ATTEST/ AUTHENTICATED: Dennis Robertson, Council President Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Filed with the City Clerk: Passed by the City Council. Office of the City Attorney Resolution Number Attachment: Financial Planning Model and Capital Improvement Program 2011 -2016 W \Word Processing Resolutions \Financial Planning Model CIP 2011- 2016.doc GL:nl, 11/09/2010 Page 1 of 1 31 32 1 J s y City of Tukwila Jim Haggerton, Mayor 2 908'' INFORMATIONAL MEMORANDUM TO Mayor Haggerton Finance and Safety Committee FROM: Peggy McCarthy, Deputy Finance Director DATE: October 27, 2010 SUBJECT: Third Quarter 2010 Cash Investment Report and Investment Policy Update ISSUE Finance Policy and Procedure 03 -17, Investment Policy, calls for quarterly investment reports to the Council Finance and Safety Committee. The report is to contain an inventory of investments and a summary of performance. The September 30, 2010 Investment Report is included with this memorandum and is discussed below. Additionally, the Committee is being asked to review and approve the updated draft Investment Policy which was presented at the June 22, 2010 Finance Safety Committee Meeting. BACKGROUND Cash Investment Report The Cash Investment Report provides information on a) portfolio components description and characteristics of securities and deposits held, b) portfolio performance weighted average yield of the portfolio in comparison to benchmarks, c) compliance with investment policy in terms of investment maturities and diversification of financial institutions and investment types, d) cash and investment balances, and changes therein, by fund and fund group and e) investment environment and strategies. Investment Policy An updated version of the investment policy was presented and discussed at the June 22, 2010 Finance Safety Committee meeting. The updated policy draft was sent to the Washington Municipal Treasurers Association on July 7, 2010 for review and certification. However, the review and certification have not been completed and the City has not been notified as to when this will happen. Although the original intent was to obtain Committee approval after receiving certification, the uncertainty as to when this will be accomplished has prompted the current request for review and approval. DISCUSSION Cash Investment Report Portfolio Components Characteristics. The portfolio components remain the same as those at June 30, 2010 with no purchases or redemptions occurring during the third quarter. The Local Government Investment Pool (LGIP) balance increased by $7.2 million due primarily to the $5.9 million bond issue proceeds received July 31, 2010. The weighted average yield to maturity declined slightly to .72% at September 30, 2010 from .78% at June 30, 2010 due to the increase in the LGIP balance, which has a relatively low yield at .30 The portfolio complies with the investment policy standards with respect to investment mix, investment maturities and diversification of financial institutions. Fund and Fund Group Cash Investment Balances. The most significant changes in fund and fund group balances from June 30, 2010 to September 30, 2010 occurred in the general fund with a $3.6 million decline and in the Special Revenue and Capital Project funds with an increase of $5.9 million and $1.9 33 INFORMATIONAL MEMO Page 2 million respectively. The increases are due primarily to receipt of $4.3 million bond proceeds into the 104 Arterial Street fund, and $1.6 million bond proceeds into the 303 General Government Improvements fund. The decline in the general fund follows an annual cyclical pattern whereby the cash and investment balances decrease just before the April and October real estate tax payments are due, then increase after the payments are received. The general fund balance will benefit from the receipt of approximately $6 million of real estate tax payments due to King County October 31 and received mostly in November. Additionally, beginning in 2011, sales tax will be allocated exclusively to the general fund with transfers out of the general fund to other funds on an as needed basis. This will help alleviate any overfunding situations in the other government funds. Investment Environment and Strategies. Rates remain extremely low, especially in the short term. There is speculation that additional quantitative easing will be undertaken by the Federal government that could result in a further reduction in longer term rates. At September 30, 2010, the portfolio had almost $32 million in cash and equivalents and $10 million of investments maturing in the forthcoming 3 to 6 months. In an attempt to maximize return while maintaining liquidity, the City plans to follow a laddered portfolio approach. Under the laddering strategy, maturities are staggered over the allowable investment term. As each security issue matures, it is reinvested at the long end of the portfolio. One of the strategies contemplated for future investments, and contingent on the approval of the investment policy update, is the purchase of taxable municipal bonds with mid range terms of 5 7 years. These purchases could lock in rates for a longer period at more favorable interest rates. The municipal bond yields are considerably better than the Treasury rates as demonstrated by a recent bond issuance by the City of Tacoma. As of October 26, 2010 (bonds were issued on October 27, 2010), the anticipated yield on the City of Tacoma 5 year bonds was 2.44% compared with the 5 year Treasury note yield which was 1.23 Investment Policy The June 22, 2010 investment policy draft has been updated with only one significant change. The change is to section 11.1 which currently reads, "At the time of investment, a minimum of fifty percent (50 of the portfolio will be comprised of investments maturing or available within one year." The proposed change would reduce this percentage to 30% from 50 Enacting this change would free up funds for investment in longer term, higher yielding securities without compromising cash flow needs. Based on an analysis of monthly changes in cash and investment balances from January 2008 through September 2010, the largest monthly decline over this period was $6.9 million and occurred in December 2008. Using this $6.9 million amount as a threshold for the minimum liquidity requirements, it can be demonstrated that in each of the past ten years, 30% of the year -end portfolio balances exceeded this threshold with the lowest calculated total of $8.4 million in 1999 and the highest calculated total of $14.4 in 2008. This policy change would allow the City to sufficiently fund operations but would also provide an opportunity for increased investment earnings. RECOMMENDATION Cash and Investment Report Presented for Council information only. Investment Policy Council is being asked to approve the November 2, 2010 updated Investment Policy. ATTACHMENTS Cash and Investment Report as of September 30, 2010 Cash and Investment Balances by Fund and Fund Group at September 30, 2010 Yield curve and Treasury Rates at 9 -30 -10 3 4 H•1lnvst1201019 -30 -10 Investment ReportlInfoMemo Invstmnt Rprt 9- 30 -10, 10 -27 -10 a.docx INFORMATIONAL MEMO Page 3 Cash and Investment Balances January 2008 through September 2010 -Graph Cash and Investment Balances January 2008 through September 2010 Investment Policy draft Laddered Investment Portfolio description 1-1:1lnvst1201019 -30 -10 Investment ReportlInfoMemo Invstmnt Rprt 9- 30 -10, 10 -27 -10 a.docx 35 36 CITY OF TUKWILA CASH INVESTMENT REPORT September 30, 2010 (a) Purchase Maturity Term Par Book Yield to Annualized Agency Issuer Investment Tyne Date Date (month; Value Balance Maturity Return CASH CASH EQUIVALENTS US Bank Depository Various (b) 03 1,030,486 1,030,486 0 00% Washington State Local Investment Pool Various (b) 03 30,447,734 30,447,734 0 30% 91,343 Government Investment Pool Sound Community Bank Money market Various (b) 03 500,000 503,260 0.20% 1,000 Total Cash Cash Equivalents 1 .03 I 31,978,220 31,981,480 0.29% 92,343 INVESTMENTS Certificates of Deposit in order of maturity Sound Community Bank Certificate of Deposit 03/04/2010 03/04/2011 12 5,000,000 5,028,479 0 99% 49,500 Sound Community Bank Certificate of Deposit 05/20/2009 04/20/2011 23 1,500,000 1,544,935 2.22% 33,330 First Savings Bank Northwest Certificate of Deposit 05/01/2009 05/01/2011 24 2,000,000 2,068,939 2.50% 50,000 Charter Bank Certificate of Deposit 05/26/2009 05/26/2011 24 1,500,000 1,540,216 1 98% 29,700 Sterling Bank Certificate of Deposit 02/16/2010 08/16/2011 18 250,000 251,858 1.20% 3,000 US Bank Certificate of Deposit, 02/15/2010 02/15/2013 36 3,450,000 3,480,897 1 44% 49,680 compensating balance I 22 I 13,700,000 13,915,324 1 57% 215,210 Agencies Federal Home Loan Bank US agency 03/23/2010 12/23/2013 (d) 36 1,000,000 1,000,000 2.08% 20,800 Federal Home Loan Bank US agency 06/10/2010 6/10/2013 (e) 36 2,000,000 2,000,000 1 00% 20,000 36 I 3,000,000 3,000,000 1 36% 40,800 Total investments 16,700,000 16,915,324 256,010 TOTAL CASH, CASH EQUIVALENTS INVESTMENTS 1 9 1 $48,678,220 $48,896,804 1 0.72% I $348,353 T Weighted Average Maturity Months Average Yield to Maturity Financial Institution Diversification Amount of Total Benchmarks At 9/30/10 US Bank 4,511,383 9.2% 90 -day treasury rate 0 16% Washington State Treasury 30,447,734 62.3% 6 -month treasury rate 0 19% First Savings Bank Northwest 2,068,939 4.2% State Pool rate 0 30% Sound Community Bank 7,076,674 14.5% Charter Bank 1,540,216 3 1% Sterling Bank 251,858 0.5% Investment Mix of Total Federal Home Loan Bank 3,000,000 6.1% Depository 2.1% $48,896,804 100 0% State Investment Pool 62.3% Money market 1 0% Certificate of Deposit 28.5% US Agency 6 1% 100 0% (a) To maturity even though call date may occur first; maturity of liquid investments is one day (b) No fixed maturity, funds are available within one day (c) Annualized return based on purchase price and yield to maturity (d) Call date is 12/23/10. (e) Call date is 12/10/10; interest rate steps to 2% in year 2 and 3.25% in year 3 37 CITY OF TUKWILA CASH INVESTMENT REPORT September 30, 2010 Cash Investment Balances By Fund and Fund Group Fund Group FD Fund Name! Cash 8, investments' Grand Total' E uivalents General 000 GENERAL 630,618 1,099,312 1,729,930 General 'Total 630,6 1,096,312 1,729,930 Special Revenue 101 HOTEL /MOTEL TAX 713,138 101,309 814,447 103 STREET 340,413 192,487 532,900 104 ARTERIAL STREET 6,567,948 4,303,220 10,871,168 105 CONTINGENCY 806,435 80,943 887,378 107 FIRE EQUIP CUM. RESERVE 803,391 803,391 109 DRUG SEIZURE FUND 296,447 10,118 306,564 Special: Revenue,Total r 9;527;771'; 4,688,077,° ::14,215,848 Debt Service 207 LIMITED TAX G 0 BONDS 1999 14,509 14,509 208 LIMITED TAX G.O BONDS 2000 177,250 177,250 209 LIMITED TAX G.O BONDS 2003 94,852 94,852 210 LIMITED TAX G.O REFUNDING 2003 157,041 157,041 211 LIMITED TAX G 0 REFUNDING 2008 347,433 347,433 214 LTGO 2010 Series A 33,670 33,670 215 LTGO 2010 Series B 10,488 10,488 Debt Service'Total f 835,243 835,243 Capital Project 301 LAND ACQ. REC. PARK DEVLPMNT 2,553,756 2,013,634 4,567,390 302 FACILITY REPLACEMENT 2,072,904 2,072,904 303 GENERAL GOVERNMNT IMPROVEMENTS 1,949,336 1,949,336 304 FIRE IMPACT FEES 155,929 155,929 Capital Project Total 6,731,925 ..2,013,634 8,745,559 Enterprise 400 UTILITY ON ACCT (overpayments) 8,824 8,824 401 WATER 1,326,408 3,956,817 5,283,225 402 SEWER 1,440,333 202,727 1,643,060 404 WATER /SEWER REVENUE BONDS 240,504 240,504 405 BOND RESERVE 393,547 393,547 411 FOSTER GOLF COURSE 420,515 416 420,931 412 SURFACE WATER 1,659,464 1,101,363 2,760,828 Enterprise Total. 5,489,595 5;261,124 10 Internal Service 501 EQUIPMENT RENTAL 2,561,621 1,000,000 3,561,621 502 INSURANCE 3,278,309 2,506,817 5,785,126 503 INSURANCE LEOFF I 1,374,399 202,727 1,577,126 Internal Service Total :7;244,329 3,709,544`' 10,923;873 Fiduciary 611 FIREMEN'S PENSION 1,486,915 1,486,915 640 AGENCY FUND 65,084 65,084 Fiduciary rY Total 1,551 1 551 999 Grand Total 31,981,480 16,771,890 48,75 38 CITY OF TUKWILA CASH INVESTMENT REPORT September 30, 2010 Closing Daily Current-- Price-- Yield Price Yield Change Term e 09/30/2010 Today 7:30 A.M. 3mo 0.15% 0.15% hio 019% s 0.19°A: 1Yr 0.25% 0.25% 2Yr 042% 0.5.... 0.42% 0 3Yr 0.63% 1.5 0.66% -0.5 1 1 -3 10Yr 2.51% -2 2.53% -5.5 69°i0 3 71 -12 5 5 3.5 2.5 2 1.5- —1 9/24/2010 1- Today 0 t\CI naC'' 39 -il• D CITY OF TUKWILA CASH INVESTMENT REPORT September 30, 2010 Combined Cash Investment BALANCES BY MONTH, January 2008 to September 2010 Graph i 15,000,000 IA 14,000,000 13,000,000 1 12,000,000 1 11,000,000 10,000,000 x.,/, /I\ ;6\ lifeNi I 1 1-" -.i.:—. Z 9,000,000 8,000,000 X.. General 7,000,000 ...7 Z \i .1: :i .l. A. —ES—Special Revenue I 6,000,000 Debt Service 5,000,000 —44—Capital Project P. --t(-- Enterprise —i> Internal Service 4,000,000 3,000,000 Fiduciary ,.3 """t ir, S'ii• r AI7'..-- 1 „....i,.......0,,,,,s?.., i \.1* I *fie.....4... 1 1 1 1 (1,000,000) 1 1 I i 1 1 1 1 i 1 I i Jan i Feb Mar Apr May! Jun i Jul AugiSep I Oct Nov( Dec Jan Feb Mar Apr May Jun Jul i Aug Sep i Oct i Nov Dec Jan 1Feb Mar Apr i May Jun Jul Aug i Sep 1 1 1 1 2008 1 2009 2010 i 1 CITY OF TUKWLA CABH&/NVEGTNENTREP{}RT September 30, 2010 Combined Cash Investment BALANCES BY MONTH, January 2008 to September 2010 Row Lab General Special Debt Capital Enterprise Internal Fiduciary Grand Total Revenue Prgject SeIyk�� 3D�8 Jan 6.922.805 10.188.581 1.150.686 7,269,659 9,487,679 5.617.322 1.125.080 41.701.580 Feb 0.414.509 10.382.580 1.368.828 7,318,342 10.147.588 5.804.831 1,127,264 42.663.849 Mar 6.507.048 11.014.740 1.500.012 8,443,165 11.927.738 6,732,444 1.424.208 47.640.253 Apr 5,875,611 11.090.835 1,591,341 8.339.912 12,014,846 8.840.004 1.426.223 47,185,462 May 9.272.930 11.241.906 1,747,525 7.530.416 11 6,924,497 1.480.777 50,174,016 Jun 10.404.165 11,401.736 1.486.847 7.530.921 11.200.408 6.988.205 1.482.509 50.484.881 Jul 9.480.490 11,560,451 1.648.083 7.545.952 11.774.087 7,143,712 1,478,141 50 Aug 8.378.032 11.035.654 1.806.228 7.671,487 12,312,582 7,278,931 1.479.547 50.062.461 Sep 6.870738 12,535,735 1,956121 7.746871 13 7 1,482.295 51,155,369 Oct 8.002.205 12,644,518 1,899,666 7,682,473 13.334.040 7,392,131 1,485,192 51.340.225 Nov 8.924 13.146.458 2,041,724 7.853.980 13.512.076 7.772.668 1,487,911 54.740.673 Dec 7,724,379 12.164.282 972,729 5,916,065 12,356,266 7,343,615 1.448.882 47,921,218 26 091' Jan 5.711.O27 12.45G.U85 1 5 12.18O.48O 7.S47.647 1.471.838 47,398,372 Feb 6.868.318 12.457.803 1,259,259 5.855.804 12,391,462 7.302.881 1,542,257 47.467.565 Mar 5.477.292 12.878.702 1.382.129 5.840.311 12.548.468 7.558.943 1,493,718 47.270.623 Apr 7,435,424 12.984.302 1,492,296 5,712,739 12.728.647 7.318.106 1.524.421 48.196.026 May 8,394,698 12,976,548 1,612,370 6,275,578 12.668730 7.652,783 1 51 Jun 6.557.825 12,854,734 1.398.710 6,279,693 11,698,873 8,158,299 1,582,474 48.530.600 Jul 4,835,284 9,572,478 1,512,243 6.344.700 11,828,353 8,354,681 1.508.841 43.956.586 Aug 2.588.088 10.100.023 1.039 8 12.895.735 0.404.030 1,585,773 43.525.379 Sep 3,461,270 9.002 1.793.223 7,124,946 12.044.132 8.780.825 1.003.269 43.810.041 Oct 5.070.945 8.078.085 1.810.074 6,831,233 12,411,383 9,014,445 1.598.818 45.514.883 Nov 6 9,448,383 1.835.788 6,744,625 11.366.894 8.187.288 1.612.056 48.703.003 Dec 4,192,192 8,004,846 (243,112) 6,745,994 10,289,539 9,207,965 1,540,673 30. 738. 006 2010' Jan 3.935.280 8.740.179 (40.284) 6.837.548 10.102.215 8.732.083 1,548,349 40.855.330 Feb 3.826.028 8,448,543 135,494 6,712,858 10.301.874 9,894,238 1,554,931 40.874.568 Mar 2,413,254 8,857,321 163.440 6.686.776 10.864.367 9,945,333 1 40.470.883 Apr 4,567,026 8.435.940 348.278 6.576.181 10.640.752 10 1.547.087 42.471.319 May 6.446.080 8.842.642 462.971 6.700.075 10.215.457 10.508.870 1,591,213 44.828.295 Jun 5,314,882 8,315,881 245,314 6 9.315.863 10,557,443 1.814.007 42.181.946 Jul 3.083.891 12 419.458 8,391,772 9,826,774 10.712.955 1.610.737 47.345.048 Aug 2.700.874 13.755.309 805.216 8.423.064 10.001.293 10.975.388 1,552,441 48.013.565 Sep 1 14.215.848 835,243 8.745.559 10.750.819 10.923.873 1.651.999 48.753.370 4 1 42 s $a ;.tut w ►1 1908 City of Tukwila, Washington INVESTMENT POLICY Adopted by the Tukwila City Council Finance and Safety Committee Ordinance No. 1916, May 15, 2000, As updated November 2, 2010 Shawn Hunstock, Finance Director 43 44 City of Tukwila Investment Policy 1.0 Policy It is the policy of the City of Tukwila to invest public funds in a manner that will provide maximum security with the highest investment return while meeting the daily cash flow demands of the City, while conforming to all state and local statutes governing the investment of public funds. 2.0 Scope This policy applies to the investment of all public funds in the custody of the Tukwila Finance Director. Funds covered by this policy include all city funds created by the Tukwila City Council, and are accounted for in the City's Comprehensive Annual Financial Report (CAFR). 2.1 Fund Types: General /Current Expense Funds Special Revenue Funds Debt Service Funds Capital Project Funds Enterprise Funds Internal Service Funds Trust Funds Agency Funds 2.2 Funds relating to debt service will be invested in accordance with appropriate bond documents. 3.0 Prudence Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. -1- 45 City of Tukwila Investment Policy 4.0 Objectives The primary objectives, in priority order, of the City's investment activities shall be: Safety: Safety of the principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements that might be reasonably anticipated. Yield: The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. See 13.0. 5.0 Delegation of Authority Authority to manage the City's investment program is derived from Ordinance 1916, adopted by the Tukwila City Council on May 15, 2000. Management responsibility of the investment program is vested in the City of Tukwila Financial Director under the express authority granted in RCW 39.29.020. 5.1 The City Finance Director may appoint an Investment Officer whose responsibilities will include initiating daily transactions in the investment portfolio based on liquidity and cash flow requirements of the City. 5.2 Investments relating to bond proceeds shall be made consistent with 4.0, "Objectives." 5.3 Written procedures shall be established for the operation of the investment program consistent with this investment policy. 6.0 Ethics and Conflict of Interest 6.1 Officers and employees involved in the investment process recognize that the investment portfolio is subject to public review and evaluation. The overall program will be designed and managed with a degree of professionalism that is worthy of the public trust. 6.2 Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose any material financial interests in financial institutions that conduct business within this jurisdiction, and they shall further disclose any personal financial /investment positions that could be related to the performance of the City's portfolio. Employees 46 -2 City of Tukwila Investment Policy and officers shall subordinate their personal investment transactions to those of the City, particularly with regards to the timing of purchases and sales. 7.0 Authorized Financial Dealers and Institutions 7.1 Pursuant to state statutes (RCW 39.58), the deposit of public funds and the placement of "investment deposits" (i.e. time deposits, money market deposit accounts and savings deposits of public funds), will be placed only with institutions approved by the Washington Public Deposit Protection Commission (PDPC) as eligible for deposit of public funds. The maximum amount placed with any one depository will not exceed the net worth of the institution as determined by the PDPC. 7.2 In addition, the Finance Director will maintain a list of approved broker/ dealers that are authorized to provide investment services to the City. 7.2.1 Authorized broker /dealers must maintain an office in the State of Washington. 7.2.2 Authorized broker /dealers will be limited to primary dealers or other dealers that qualify under SEC Rule 15C3 -1, the Uniform Net Capital Rule. 7.2.3 All approved firms and the individuals that represent them are required to read this policy and certify that they understand and will comply with the City's investment objectives and constraints. 7.2.4 Broker /dealers that have been selected to provide investment services to the City are required to submit an audited financial statement annually to the Finance Director, if requested. 8.0 Authorized Investments State statutes and this investment policy limit the types of securities authorized for investment by the City. The principal governing statutes are RCW 39.59 and RCW 39.60. The Finance Director may further restrict eligible investments by this policy at his /her discretion. Authorized investments include (but are not limited to): 8.1 U.S. Treasury Securities. 8.2 U.S. Agency Securities (i.e. obligations of any government- sponsored corporation eligible for collateral purposes at the Federal Reserve). 8.3 Certificates of Deposit, Money Market Deposit Accounts and savings deposits with qualified depositories within statutory limits as promulgated by the PDPC at the time of investment. 8.4 Bankers Acceptances (BA's) purchased on the secondary market with a rating of A- 1, P -1, its equivalent or better. -3- 47 City of Tukwila Investment Policy 8.5 General Obligation Bonds of a state or local government which have at the time of the investment one of the three highest credit ratings of a nationally- recognized rating agency. 8.6 The Washington State Local Government Investment Pool (LGIP). 9.0 Safekeeping and Custody 9.1 Securities purchased by the Finance Director are to be held in a custodial account in the safekeeping or trust department of a bank acting as third party custodian for the City of Tukwila. 9.2 All security transactions conducted by the custodian on behalf of the City of Tukwila are to be on a delivery- versus payment (DVP) basis. 9.3 Certificates of Deposit, transaction receipts for Money Market Deposit Accounts or savings deposit accounts will be held by the Finance Director. 10.0 Diversification The City of Tukwila will diversify its investments by security type and institution. 10.1 No more than fifty percent (50 of the City's portfolio, at the time of purchase, shall be in any single financial institution. 10.2 Except, that no more than seventy -five (75 of the City's portfolio, at the time of purchase, shall be invested in the Washington Local Government Investment Pool, and 10.3 No more than seventy -five percent (75 of the City's portfolio, at the time of purchase, shall be invested in U.S. Treasury or Agency securities. 10.4 The City's Finance Safety Committee can authorize a variance to 10.1, 10.2 or 10.3 prior to purchase, if it is deemed in the best overall benefit to the City. 11.0 Maturities To the extent possible, and to preclude the sale of securities that could result in a loss, investments will be made to coincide with anticipated cash flow requirements. 11.1 At the time of investment, a minimum of fifty percent (30 of the portfolio will be comprised of investments maturing or available within one year. 11.2 At the time of investment, eighty percent (80 of the portfolio will be comprised of investments maturing or available withing five (5) years and no instruments shall have a maturity exceeding ten (10) years, except when compatible with a specific fund's investment needs. 11.3 To provide for ongoing market opportunity, investment maturities should be laddered or staggered to avoid the risk resulting from overconcentration of portfolio assets in a specific maturity. 48 -4 City of Tukwila Investment Policy 11.4 The average maturity of the portfolio shall not exceed three and one half (3 1 /2) years or forty two (42) months. 11.5 Any variance to 11.1, 11.2, 11.3 or 11.4 can be approved by the Finance Safety Committee prior to occurrence, and if deemed in the City's best interest. 12.0 Internal Controls The Finance Director shall establish a system of internal controls, which are subject to review by the State Auditor. Such reviews may result in recommendations to change operation procedures to improve internal controls. Controls shall be designed to protect against loss of public funds due to fraud, error, misrepresentation or imprudent actions. 13.0 Performance Standards Benchmarks The investment portfolio will be designed to obtain an average rate of return during budgetary and economic cycles which meets or exceeds the average six -month Treasury bill rates for the corresponding time period. This perforniance standard shall take into account the City's investment risk constraints and cash flow needs. 14.0 Reporting The Finance Director will submit a quarterly report to the City's Finance Safety Committee that summarizes the current portfolio position and performance. These reports shall provide an accurate and meaningful representation of the investment portfolio, its performance versus the established benchmark, and proof of compliance with the investment policy. 15.0 Investment Policy Adoption Adoption of this policy is made pursuant to the provisions of RCW 36.48.070. Adopted by the Finance and Safety Committee of the City Council of the City of Tukwila by ordinance 1916, May 15, 2000, as updated November 2, 2010. -5- 49 Laddered Investment Portfolio A normal ascending yield curve for fixed income securities occurs when longer fixed income maturities have higher yields than shorter maturities. In most instances it benefits investors to start a ladder of approved securities extending out monthly or quarterly. The reason for laddering and not keeping investments all liquid is because of interest rate risk. If the investor keeps their investments too short, rates could fall, or if too long, rates could rise. When laddering funds, the investor gets a total average rate that will be above short rates given a normal ascending yield curve. Another benefit of a laddered portfolio is it takes the guesswork out of timing the market. As securities mature the investor simply reinvests to the longest maturity. Over time the investor receives the average yield of the longest security which typically would have a higher yield than a money market or very short -term investment. The investor also has a steady income stream from interest and principal payments from regularly timed maturities. The maximum maturity and frequency of maturities can be adjusted to suit the individual investor. Please Note Investment products: are not insured by the FDIC; are not deposits or other obligations or guarantees of Piper Jaffray Companies or its affiliates; and o are subject to investment risks, including the possible loss of principal. 50 (r- L4 Ci ty of Tukwila 1. J im Haggerton, Mayor 240 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Shawn Hunstock, Finance Director DATE. October 25, 2010 SUBJECT: Sales Tax Revenue for August 2010 Schedule I in 1,000's Sales Receipt 2009 2010 2010 Increase /(Decrease) %Increase /(Decrease) Month Month Actual Estimated Actual Month YTD Month YTD Jan Mar 1,172 1,483 1,036 (447) (447) 30.14% 0.00% Feb Apr 1,051 1,462 1,006 (456) (903) 31.19% 30.66% Mar May 1,146 1,705 1,157 (548) (1,451) 32.14% -31 20% Apr June 1,191 1,578 1,070 (508) (1,959) 32.19% 31.45% May July 1,082 1,603 1,067 (536) (2,495) 33.44% 31.86% June Aug 1,217 1,812 1,247 (565) (3,060) 31.18% 31.73% July Sept 1,473 1,793 1,251 (542) (3,602) 30.23% 31.50% Aug Oct 1,118 1,656 1,216 (440) (4,042) 26.57% 30.87% Sept Nov 1,110 1,682 (1,682) (5,724) 100.00% 38.74% Oct Dec 1,032 1,556 (1, 556) (7,280) 100.00% 44.58% Nov Jan11 1,140 1,631 (1,631) (8,911) 100.00% 49.61% Dec Feb11 1,690 2,270 (2,270) (11,181) 100.00% 55.27% Totals 14,422 20,231 9,050 Mitigation Received 934 9,984 76 26% of Budget Incl. Mitigation Sales tax collections for August showed the third increase this year, as compared to the same month in the prior year, through eight months of collections. For August, collections were less than budget for the month, but more than actual collections in the same month in the previous year. Actual receipts for August were $440,000 less than budget, but $98,000 more than the same period last year. This is the largest monthly increase that we have had all year. We are down 26.57% for the month compared to budget, and up by 8.06% compared to the same month last year. We are now down in total 30.87% for the year compared to budget, and down by 4.23% compared to the same period last year. Including mitigation payments, we are currently at'76.26% of budget for the year to date. The latest mitigation payment we received was on September 30, 2010 and was for $310,763 48. This was the same amount as the last mitigation payment received on March 31 because the payments are now annualized and will only be adjusted once per year in the fall, effective with the December 31s payment. The next mitigation payment will be received on December 31s 51 INFORMATIONAL MEMO Page 2 Staff completed work on the last mitigation detail file and submitted to the Department of Revenue a list of firms that should be removed from the mitigation calculation process. These firms are ones that were offsetting other losses, thereby reducing our mitigation payment. Schedule II shows the year -to -date sales tax from the top ten industry classifications. As this schedule indicates, the trend is flat or down for most of the classifications. Schedule II YTD YTD Dollar Group Name Current Prior Diff. Diff. 452* General Merchandise Stores 1,259,921 $1,254,724 5,198 0.41% 448* Clothing and Accessories 1,227,421 1,253,823 (26,402) -2.11% 722* Food Services, Drinking Places 884,514 864,005 20,509 2.37% 423* Wholesale Trade, Durable Goods 827,963 988,595 (160,631) 16.25% 443* Electronics and Appliances 581,726 590,102 (8,376) -1 42% 441* Motor Vehicle and Parts Dealer 400,001 493,593 (93,592) 18.96% 451* Sporting Goods, Hobby, Books 391,607 353,100 38,507 10.91% 236 Construction of Buildings 349,609 343,608 6,001 1.75% 444* Building Material and Garden 344,724 343,448 1,276 0.37% 453* Miscellaneous Store Retailers 296,149 324,505 (28,356) 8.74% Mitigated NAICS Code As you can see there are large variances from last year for the same time period. For instance, sales tax for Motor Vehicle and Parts Dealer is down by 18.96 and Wholesale Trade and Durable Goods is down by 16.25 As illustrated above, five of the top ten merchant categories have declined versus prior year, and all but one of the ten industry classification codes are ones for which we receive streamlined sales tax mitigation. Schedule III shows the ten largest declines in sales tax revenue for industries with over $10,000 collected year -to -date. Schedule III YTD YTD Dollar Group Name Current Prior Diff. Diff. 237 Heavy and Civil Construction 14,779 47,311 (32,533) 68.76% 454* Nonstore Retailers 64,730 164,250 (99,521) 60.59% 238 Specialty Trade Contractors 171,913 244,689 (72,776) -29 74% 621 Ambulatory Health Care Service 28,046 37,938 (9,891) 26.07% 323* Printing and Related Support 31,337 40,714 (9,377) 23.03% 441* Motor Vehicle and Parts Dealer 400,001 493,593 (93,592) 18.96% 423* Wholesale Trade, Durable Goods 827,963 988,595 (160,631) -16 25% 561 Administrative and Support Svc 66,534 78,683 (12,150) 15.44% 812 Personal and Laundry Services 53,286 62,204 (8,918) 14.34% 721* Accommodation 286,476 320,146 (33,671) 10.52% Mitigated NAICS Code Attached is a Sales Tax Summary comparing year -to -date 2010 vs. 2009 by major NAICS codes. Also included is a comparison of total receipts year -to -date for the last five years. Please let me know if you have any comments or questions. Thank you. W \FIN Projects\Sales Tax Information\Sales Tax Files from Shawn120101Info Memo Sales Tax 102510.docx 52 SALES TAX SUMMARY August 2010 (Received in October) YTD YTD NAICS CONSTRUCTION 09 TOTAL 09 YTD 10 YTD Diff NAICS AUTOMOTIVE 09 TOTAL 09 YTD 10 YTD Diff 236 Construction of Buildings 416,992 343,608 349,609 1.7% 1 441' Motor Vehicle &Parts Dealer 686,478 493,593 400,001 -19.0% I 237 Heavy& Civil Construction 98,105 47,311 14,779 -68.8% I 447' Gasoline Stations 62,584 41,647 44,675 7.3% I 238 Specialty Trade Contractors 347,910 244,689 171,913 -29.7% TOTAL AUTOMOTIVE 749,063 535,240 444,676 TOTAL CONSTRUCTION 863,006 635,608 536,301 Overall Automotive Change from Previous Year ($90,564) -16.9% Overall Construction Change from Previous Year ($99,308) -15.6% NAICS RETAIL TRADE 09 TOTAL 09 YTD 10 YTD 0iff YTD 442' Furniture Home Fumishings 350,625 222,203 244,443 10.0% MANUFACTURING 09 TOTAL 09 YTD 10 YTD %Diff 443' Electronics Appliances 954,375 590,102 581,726 -1.4% 311 Food Manufacturing 1,173 846 2,165 155.8% 444' Building Material Garden 506,177 343,448 344,724 0.4% 312 Beverage Tobacco Products 3,070 1,988 -2,375 219.5% 445' Food Beverage Stores 86,349 56,790 57,282 0.9% 313 Textile Mills 259 158 52 -66.8% 446* Health Personal Care 189,603 119,483 111,415 -6.8% 314 Textile Product Mills 12,852 8,536 9,666 13.2% 448' Clothing Accessories 2,015,184 1,253,823 1,227,421 -2.1% 315 Apparel Manufacturing 59 37 15 -59.6% 451' Sporting Goods, Hobby, Books 589,522 353,100 391,607 10.9% 316 Leather Allied Products 7 4 1 -6451/4 452' General Merchandise Stores 2,044,042 1,254,724 1,259,921 0.4% 321' Wood Product Manufacturing 2,701 2,148 1,112 -48.3% 1 453' Miscellaneous Store Retailers 506,005 324,505 296,149 -8.7% 322* Paper Manufacturing 20,392 12.871 14,094 9.5% 1 454' Nonstore Retailers 209,564 164,250 64,730 -60.6% 323' Printing Related Support 59,298 40,714 31,337 -23.0% I TOTAL RETAIL TRADE 7,451,446 4,682,428 4,579,417 324 Petroleum Coal Products 8,157 3,347 2,641 -21.1% Overall General Retail Change from Previous Year ($103,011) -2.2% 325 Chemical Manufacturing 6,368 4,295 4,869 13.4% 326 Plastic Rubber Products 3.928 3.108 2,097 -32.5% YTD 327' Nonmetallic Mineral Products 2,279 1,251 761 -39.2% 1 SERVICES 09 TOTAL 09 YTD 10 YTD Diff 331 Primary Metal Manufacturing 534 126 219 743% 51X Information 528,044 349,905 348,630 -0.4% 332 Fabricated Metal Mfg Products 3,789 2,255 4,463 97.9% 52X Finance Insurance 53,850 28,482 29,935 5.1% 333 Machinery Manufacturing 5,586 5,000 7,492 49.8% 53X Real Estate, Rental, Leasing 412,907 248,641 261,497 5.2% 334' Computer Electronic Products 19.797 12,625 3,015 -76.1% 1 541 Professional, Scientific, Tech 227,255 111,760 102,954 -7.9% 335 Electric Equipment, Appliances 137 90 125 38.8% 551 Company Management 985 737 218 -70.5% 336 Transportation Equipment Mfq 135.430 93,095 88,856 -4.6% 56X Admin, Supp, Remed Svcs 123,115 83,307 69,426 -16.7% 337" Fumiture Related Products 8,575 6,532 6,752 3.4% 1 611 Educational Services 47,324 27,176 40,979 50.8% 339" Miscellaneous Manufactudnq 10,665 7,787 7,060 -9.3% 1 62X Health Care Social Assistance 91,637 51,498 43,854 -14.8% TOTAL MANUFACTURING 305,059 206,811 184,417 71X Arts Entertainment 93,799 66,210 80,215 21.2% Overall Manufacturing Change from Previous Year ($22,394) -i0.8% 1 72X' Accommodation Food Svcs 1,745,512 1,184,151 1,170,989 -1.1% 1 81X Other Services 183,887 120,814 120,096 -0.6% YTD 92X Public Administration 32,268 15,190 18,186 19.7% TRANSPORTATION WAREHOUSING 09 TOTAL 09 YTD 10 YTD Diff TOTAL SERVICES 3,540,583 2,287,871 2,286,977 481 Air Transportation 0 0 0 0.0% Overall Services Change from Previous Year ($893) 0.0% 482 Rail Transportation 924 843 254 -69.9% 484 Truck Transportation 3,294 1,898 165 -91.3% 485 Transit and Ground Passengers 11,105 7,505 12,368 64.8% YTD 488 Transportation Support 21,879 15,753 19,724 25.2% MISCELLANEOUS 09 TOTAL 09 YTD 10 YTD Diff 491 Postal Services 0 0 0 #DIV /0! 000 Unknown 397 397 1 -9931/4 492 Couriers Messengers 149 33 236 607.5% 111 -115 Agriculture, Forestry, Fishing 221 87 197 126.1% I 493' Warehousing Storage 1,051 788 696 -11.7% 1 211 -221 Mining Utilities 14,549 11,038 11,142 0.9% TOTAL TRANSP WHSING 38,401 26,820 33,443 999 Unclassifiable Establishments 12,331 3,256 76,636 2253.5% Overall Transportation Change from Previous Year $6,623 24.7% MISCELLANEOUS TOTAL 27,499 14,779 87,976 Overall Miscellaneous Change from Previous Year 673,197 495.3% YTD WHOLESALE TRADE 09 TOTAL 09 YTD 10 YTD Diff 1 423' Whls Trade Durable Goods 1,339,565 988,595 827,963 -16.2% 1 YTD 1 424" Whls Trade Nondurable Goods 105.260 71.462 66.641 -6.7% 1 09 TOTAL 09 YTD 10 YTD Diff 425' Wholesale Electronic Markets 2,208 1,344 1,662 23.6% 1 GRAND TOTALS 514,422,090 59,450,958 59,049,473 WHOLESALE TRADE TOTAL 1,447,033 1,061,401 896,266 Grand Tota Change from Previous Year (6401,485) -4.25% Overall Wholesale Change from Previous Year ($165,135) -15.6% 1 Sales Tax Mitigation NAICS Codes I Cal W 10/25/2010 Page 1 TUK Soles no Rpt 201000.xlsm Five Year Comparison .r-- ,h�.:d> uz Y: f.:o;1' i i;..C'�` y� ;n.5, yl +h° ;=•iae 'F.:''�t` i „f`- y j k F Ct, I•� y l. '..e 1 rix,;: �:iY.• a,c.%�v"�:t'[,- I k?: .�:IKV .6 ._1 ..rsx ::f 2010 I ri} u 2009 I I L. o 2008 i 1 wi, -4 ti:. l a too 5 e ,4 2 »y t a, 5.. f 3 :3; 1::::::::,.- Se '�e` 5 e ?nM rte ��h;�;- 2007 I 12 19 2006 I may[ �y s& 11,;�i'L, 54:i I "::;'.T;3 7Jf: K5 i^ �3,', :k a 'SF' aF `•3'sr`.$ .a �1:� i N s §35 1 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 Taxes Collected Year to Date 5