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HomeMy WebLinkAboutREG 2017-04-17 Item 5C - Ordinance - Public Safety Bond Financial Oversight Committee: Membership Structure UpdateCOUNCIL uNcm AGENDA SYNOPSIS ----- ------------------------ - - -- -1 n ilia Is yWeefili ,g Dale Prepared l YVayor's revi w Council nwienv 04/17/17 LH ITEMNO. 5.C. 119 STAFFSPONSOR: LAUREL HUMPHREY ORIGINAL A(,FNDA Dxn;': 4/17/17 1,'NDA An ordinance regarding the membership of the Public Safety Bond Financial Oversight Committee. CxIt"'(;o1z�' F-1 Discussion M(g Date ❑ Motion IV/ 'g Dale ❑ Resolution Al,�, Dale Ordinance Aft Dale 4117117 '9 ❑ Bid .,fivard M�g Date ❑ Public Hearing Af/ g Dale [:] 01ber Altg Dale SPONSOR ❑Council ❑ywayor ❑111R ❑1)(1) Olinance ❑V,'ire ❑7:S' ❑1)6--'R ❑Police ❑I)IV' ❑C'ourl SPONSOR'S The proposed ordinance would ensure that membership of the Public Safety Bond Financial Oversight Committee is consistent across all legislative documents. The makeup of the Committee as directed by Council is five members including two residents, two from the business community, and one at-large who could be from the residential, business or nonprofit community. R i,"N, j j Wi ? i) BY ❑ C.O.W. mtg. ❑ CDN Comm Finance Comm. F-1 Public Safety Comm. ❑Trans &Infrastructure F-1 Arts Comm. ❑ Parks Comm. ❑ Planning Comm. I)A'1'1-,,: 3/21&4/4 COIF MITFEE C1 IAIR: SEAL RECOMMENDATIONS: SP()NS0jz/Ai),\i1N. COMMITIT'll," Unanimous Approval; Forward to Regular Meeting Consent COST IMPACT / FUND SOURCE F'XPI?NDITURI,! Rl;'( ullo,'D AmOUNi, BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 4/17/17 MTG. DATE ATTACHMENTS 4/17/17 Informational Memorandum dated 3/9/17 Ordinance in Draft Form Minutes from the Finance Committee meeting of 3/21/17 & 4/4/17 119 120 City of Tukwila Allan Ekberg, Mayor TO: Finance Committee FROM: Laurel Humphrey, Council Analyst [[: Mayor Ekberg DATE: March 9,2017 (Updated following March 21 Finance Committee meeting) SUBJECT: Ordinance amending Public Safety Bond Financial Oversight Committee ISSUE The proposed ordinance would ensure that membership of the Public Safety Bond Financial Oversight Committee is consistent across all legislative documents. DISCUSSION Ordinance 2509, passed on August 1, 2016, placed the Public Safety Bond Measure on the November 2016 ballot and provided for the appointment of a Financial Oversight Committee. The ordinance specified that the Financial Oversight Committee would include five members comprising two residents, two members of the business community, and one member from a nonprofit located in Tukwila. That ordinance also gave Council the authority to "prescribe by ordinance or resolution such other rules ne|atingtothe appointment process and the operation 0f the Financial Oversight Committee 3S shall be necessary oroppropriate." Resolution 1892, passed on October 3, 2016, adopted a formal Charter that outlined a framework for the Financial Oversight Committee in greater clet ail. At that time, the Council decided that the Committee should include five members comprising two residents, two members from the business community, and one "at-large" member who could be from the residential, business, or nonprofit The City Attorney recommends amending the original onjinancetoensurethataUleoslative documents pertaining to the Financial Oversight Committee are consistent. Staff recommends making the language in the ordinance as general as possible in the event that future changes are desired byCouncil. |f so, the Charter will be amended and the ordinance wilt not need tVberevisited. NOT the Pro-ject are expended, unless earlier disbanded by a ma-iority vote of the City Council. RECOMMENDATION Staff recommends that the Finance Committee forward the draft ordinance to the April 17., 20173 Regular Consent Agenda with a recommendation to approve. ATTACHMENTS * Draft ordinance 122 T AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2509 §5, TO UPDATE THE MEMBERSHIP STRUCTURE OF THE PUBLIC SAFETY BOND FINANCIAL OVERSIGHT COMMITTEE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2509 placed a measure on the November 8, 2016 General Election ballot proposing to issue general obligation bonds for the City of Tukwila Public Safety Plan and establishing a proposed framework for a Public Safety Bond Financial Oversight Committee; and WHEREAS, Resolution No. 1892 adopted a Charter for the Public Safety Bond Financial Oversight Committee that included a modification to the Committee makeup; and WHEREAS, qualified voters of Tukwila approved Proposition No. 1 at the November 8, 2016, General Election; and WHEREAS, the City Council desires to ensure consistency across all legislative documents that reference the Public Safety Bond Financial Oversight Committee; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Except as amended by this ordinance, all other provisions of Ordinance No. 2509 shall remain in full force and effect, and all actions taken at any time prior to the effective date of this ordinance that are consistent with Ordinance No. 2509 as so amended, are hereby ratified and confirmed in all respects. Section 2. Ordinance No. 2509 §5 Amended. Section 5 of Ordinance No. 2509 is hereby amended to read as follows: A. If the ballot proposition submitted by this ordinance is approved by the qualified voters of Tukwila, a Financial Oversight Committee shall be appointed by the City Council within six months following approval. The Financial Oversight Committee shall consist of a minimum of five members and shall continue in existencefor the eGonGmiG life of the Proje until all bonds related to the Proiect are issued sued _unless earlier disbanded bv a ma*oritv vote of the Cif Council. GOMpFising two residents, two members from the busine W: Word Processing\Ordinances\Bond Financial Oversight Cmte membership structure strike-thru 4-10-17.doc LH:bjs Page 1 of 2 123 a&.,A! ACEZI -i-SrHAAA�11ni "'nalss, n r*.11%n nrafif i-& +�Vl= (411 T!&,= +,nr-&&, for earah member uaq of the FinanGial Oversight Committee be two appointment Hr%iA.i&x ieri n eAva r �rnxqn et6 shall years-. +,mr-sire awn rn"a!nw! f nv,a' r FinanGial Oversight Committee ... 411 inally be appointed for three thereafter v*All years and aN �s,n fax 1k,#t.&, x/nnrc T�rn Mwnwninl *xinrciw�a,+ :AA-- _L__11 B. The Financial Oversight Committee shall review the allocation of bond proceeds and progress on achieving the purposes of this proposition, and shall report at least semi- annually to the City Council on the same. The annual report shall be filed in paper and electronic form with the City Clerk. The Financial Oversight Committee may elect officers and establish rules of procedure. Financial Oversight Committee members shall serve without compensation and may be removed by the City Council following absence without cause from two or more meetings. The City Council may prescribe by ordinance or resolution such other rules relating to the appointment process and the operation of the Financial Oversight Committee as shall be necessary or appropriate. Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. 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 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 12017. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk A" Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Bond Financial Oversight Cmte membership structure strike-thru 4-10-17.doc LH:bjs Page 2 of 2 124 City of Tukwila Citv Council Finance Committee Meeting Minutes MDr[h22'2Ol7-5:30p.nn.-HoZelnut Conference Room, [itvH011 [ounci|nnennbers: Verna Seat, Chair; Kathy HVuganjy, Thomas McLeod Staff: David Cline, Peggy McCarthy, Vicky Carlsen, Jay Wittwer, Laurel Humphrey CALLTOORDER: Chair Sea[ ca [led the meeting to order at 5:30 p.m. 18. BUSUNESSAGENDA A. Ordinance: Updating Structure of Public Safety Bond Financial Oversight Committee Staff is seeking Council approval of an ordinance that would amend Ordinance 2509 to make specifications about the makeup of the Public Safety Bond Financial Oversight [nnonOitte2 more general. The original ordinance specified that the Committee would include five rnenobeo comprising two residents' two members of the business community, and one �~ member from a nonprofit located in Tukwila. The Council later adopted a Charter for the Committee by Resolution 1892 that specified five members comprising two residents, two members from the business [Orn[nUnitV' and one "at-large" member who could be from the residential, business or nonprofit category. The proposed ordinance specifies only "at least five members" so that if future changes are desired by Council or necessitated by circumstance, only the Charter will need to be amended. This wilt also eliminate the inconsistency across the legislative documents. The Committee agreed with the proposed change but requested that staff seek legal advice regarding the definition of "the economic life of the Project" regarding the Financial Oversight Committee's duration. RETURN TO COMMITTEE. B. Applications for the Public Safety Bond Financial Oversight Committee The City Council is seeking t0 appoint membership of the Public Safety Bond Financial Oversight Committee as authorized b» Ordinance 35O9 and Resolution 1892. The Charter provides for a committee of five members including two residents, two OneOob8[3 from the business community and one at-large member. The Committee reviewed the ten applications received by the City and unanimously recommended the following individuals: Jun Castillo (»23ident)' Sean Goode /r95ident\' Jessica Jervvah9Sident\' Andy Reisvvig(bUSineS3), and Randy Copien(business).UNANIMOUS APPROVAL. FORWARD TO MARCH 27,2017 COMMITTEE OF THE WHOLE. C. 2016 General Fund Preliminary Results Staff updated the Committee OD the preliminary 20I6 AOOU3[ Rn3D[i8l Report which summarizes the general state Of the General Fund. Preliminary results reveal 3 positive General Fund impact 0f$462 thousand, revenues 0f$58.9 million, and expenditures of $58.5 million. DISCUSSION ONLY. 126 FINANCE COMMITTEE Meeting Minutes City Council Finance Committee April 4,2017- 5:30 p.m. - Hazelnut Conference Room, City Hall Counci[members: Verna Sea[, Chair; Kathy Hougardy, Thomas McLeod Staff: David Cline, Peggy McCarthy, Vicky Cartsen, Stephanie Brown, Erika Eddins, Cyndy Knighton, Anthony Murrietta, Laurel Humphrey CALL TO ORDER: Chair Seat called the meeting to order at 5:30 p.m. I. PRESENTATIONS 11. BUSINESSAGENDA A. Ordinance: Updating Structure of Public Safety Bond Financial Oversight Committee Staff is seeking Council approval of an ordinance that would amend Ordinance 2509 to make specifications about the makeup of the Public Safety Bond Financial Oversight Committee more general. The original ordinance specified that the Committee would include five members comprising two residents, two members of the business community, and one member from a nonprofit located in Tukwila. The Council later adopted a Charter for the Committee by Resolution 1892 that specified five members comprising two residents, two members from the business community, and one "at-large" member who could be from the residential, business or nonprofit category. The proposed ordinance specifies only "at least five members" so that if future changes are desired by Council or necessitated by circumstance, only the Charter will need to be amended. As requested at the last Committee meeting, staff returned with City Attorney advice about how to better define "economic life of the Project" with regard to the Committee's duration. Councilmembers discussed the provided options and directed staff to amend the draft ordinance by replacing "for the economic life of the Project" with "until all bonds related to the Project are issued, unless earlier disbanded by a majority vote of the City Council." UNANIMOUS APPROVAL. FORWARD TO APRIL 17, 2017 REGULAR CONSENTAGENDA. B. Employee Compensation Policy Staff provided the Committee with an assessment of the current employee compensation policy as outlined in Resolution 1796. Human Resources has found it to be useful for establishing compensation for non-represented employees and in collective bargaining as it provides clear direction for external market analysis and provides an objective framework. Challenges have typically been when benchmark positions are not available for comparison. INFORMATION ONLY. 127