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HomeMy WebLinkAboutFIN 2021-02-22 COMPLETE AGENDA PACKET  The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk ’s Office at 206 -433-1800 (Tukwi laCityClerk@TukwilaWA.gov) for assistance. City of Tukwila Finance and Governance Committee  Zak Idan, Chair  Kathy Hougardy  Cynthia Delostrinos Johnson Distribution: Z. Idan K. Hougardy C. Delostrinos Johnson K. Kruller V. Seal D. Quinn T. McLeod Mayor Ekberg D. Cline R. Bianchi C. O’Flaherty A. Youn L. Humphrey AGENDA MONDAY, FEBRUARY 22, 2021 – 5:30 PM HAZELNUT CONFERENCE ROOM (At east entrance of City Hall) THIS MEETING WILL NOT BE CONDUCTED AT CITY FACILITIES BASED ON THE GOVERNOR’S PROCLAMATION 20-28. THE PHONE NUMBER FOR THE P UBL IC TO LISTEN TO THIS MEETING IS: 1-253-292-9750, Access Code 973303373# Click here to: Join Microsoft Teams Meeting For Technical Support during the meeting call: 1 -206-431-2179. Item Recommended Action Page 1. BUSINESS AGENDA a. City Council procedures code update. Laurel Humphrey, Legislative Analyst b. A resolution amending the Public Safety Bond Financial Oversight Committee Charter. Laurel Humphrey, Legislative Analyst 2. MISCELLANEOUS a. Forward to 3/8 Finance and Governance Committee, 3/22 C.O.W. Meeting and 4/5 Regular Meeting. b. Forward to 3/1 Consent Agenda. Pg.1 Pg.9 Next Scheduled Meeting: March 8, 2021 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance and Governance Committee FROM: Laurel Humphrey, Legislative Analyst DATE: February 16, 2021 SUBJECT: City Council Rules of Procedure Update ISSUE Introduction of project to update City Council Rules of Procedure DISCUSSION The City Council’s procedures for conduct of its business are largely included in TMC 2.04. This Chapter hasn’t been updated since 2003 and contains some outdated sections, such as reference to the old standing committees, that need to be addressed. This presents a good opportunity for a thorough review to ensure practices and procedures are timely, modern, and reflect good governance. Staff proposes to amend the Tukwila Municipal Code 2.04 by removing much of the content and reformatting it into a “Rules of Procedure” document to be adopted by Resolution, which is a more appropriate and more flexible legislative action for Council procedures. TMC 2.04 is included as an attachment to this memo so that the Finance & Governance Committee can familiarize itself with the contents and provide feedback on any particular concerns or areas of interest. Areas of focus for the update include:  Standing Committees  Holiday schedule  Meeting conduct  Public participation and comment  Agendas  Public records  Council vacancies RECOMMENDATION Discussion only. Staff will return to Committee with draft legislation. ATTACHMENTS  Tukwila Municipal Code 2.04 1 2 Sections: 2.04.010 Meetings Declared Open and Public 2.04.020 Regular Meetings 2.04.030 Committee of the Whole Meetings 2.04.040 Special Meetings 2.04.050 Quorum 2 04.060 Seating 2.04.070 Council President Mayor Pro Tempore 2 04.080 Presiding Officer 2.04.090 Agenda for Regular or Special Council Meetings 2.04.100 Agenda Format 2.04.110 Miscellaneous Agenda Procedures 2.04.120 Speaking Procedures 2.04.130 Voting 2.04.140 Executive Sessions 2.04.150 Continuances 2.04.160 Adjournment 2.04.170 Questions of Parliamentary Procedure 2.04.180 Council Committees and Representatives 2.04.190 Filling Council Vacancies 2.04.010 Meetings Declared Open and Public All meetings of the Tukwila City Council and its committees shall be open and public, and all persons shall be permitted to attend any meeting of these bodies, except as otherwise provided in TMC 2.04.140. (Ord. 2024 §1 (part), 2003) 2.04.020 Regular Meetings The City Council shall meet regularly on the first and third Mondays of each month at 7:00PM, unless an alternative starting time is set and notice is provided to the public pursuant to TMC 2.04.040. If at any time any Regular Meeting falls on a holiday, the Council shall meet on the next business day at the same hour. The City Council shall meet at Tukwila City Hall, unless otherwise publicly announced. (Ord. 2024 §1 (part), 2003) 2.04.030 Committee of the Whole Meetings A. The Council shall sit as a Committee of the Whole on the second and fourth Monday of each month at 7:00PM, unless an alternate starting time is published; except, if at any time any committee meeting falls on a holiday, the Council shall meet on the next business day at the same hour. The City Council shall meet at Tukwila City Hall, unless otherwise publicly announced. B. Meetings of the Committee of the Whole shall be held primarily for the purpose of considering current issues of the City, coordinating the work of the City Council, and discussing draft ordinances, resolutions and policy issues in detail. The Committee of the Whole will have no power to take final actions, including but not limited to adopting ordinances or passing motions or resolutions. C. The Committee of the Whole may meet in a retreat setting to plan their work at the beginning of the year or at any time beneficial to in-depth deliberations by the Council. Results of the Committee of the Whole's retreats will be discussed with the Mayor and administration in order to establish and understand City goals. A report summarizing the proceedings will be made available following each retreat. No official action will be taken at a retreat. (Ord. 2024 §1 (part), 2003) 2.04.040 Special Meetings Special meetings may be called by the Mayor, or any three Councilmembers, by written notice delivered by City employee(s) to each member of the Council at least 24 hours before the time specified for the proposed meeting and with public notice made pursuant to RCW 42.30.080. (Ord. 2024 §1 (part), 2003) 2.04.050 Quorum At all meetings of the City Council, four members shall constitute a quorum for the transaction of business. (Ord. 2024 §1 (part), 2003) 2.04.060 Seating A. Members of the City Council will be seated at the Council table according to seniority of the Council, except that the Council President will be seated at the right of the Mayor. B. Seniority shall be determined by the: 1. Greatest consecutive number of years served. 2. Greatest consecutive number of years plus months or years served prior to the current term(s). 3. Number of votes when elected. (Ord. 2024 §1 (part), 2003) 2.04.070 Council President--Mayor Pro Tempore A. At the first Regular Meeting in January of each year, members of the City Council shall elect from their number a Council President who shall hold office at the pleasure of the Council. The general policy of the City Council is to elect presidents in a rotating order, based upon seniority. If a vacancy occurs in the office of Council President, the City Council, at their next Regular Meeting, shall select a new Council President to serve the remainder of the year. 3 B. In the absence of the Mayor, the Council President shall become the Mayor Pro Tempore and perform the duties of the Mayor, except that the Council President shall not have the power to appoint or remove any officer or to veto any ordinance. If a vacancy occurs in the office of the Mayor, the City Council at their next Regular Meeting shall elect from their number a Mayor who shall serve until a Mayor is elected and certified at the next municipal election. (Ord. 2209 §1, 2009; Ord. 2024 §1 (part), 2003) 2.04.080 Presiding Officer A. All Regular and Special Meetings of the City Council shall be presided over by the Mayor or, in his/her absence, by the Mayor Pro Tempore. If neither the Mayor nor the Mayor Pro Tempore is present at a meeting, the presiding officer for that meeting shall be elected by a majority of the vote of those Councilmembers present, provided there is a quorum. B. All Committee of the Whole meetings shall be presided over by the Council President. If the Council President is temporarily absent, the Council shall elect a Councilmember to serve in that capacity until the Council President returns. C. The City Clerk or his/her designee will staff Regular and Special Council meetings and Committees of the Whole meetings. In the absence of the Clerk, Deputy Clerk or other qualified staff member appointed by the Clerk, the Mayor or Council may appoint a staff person to act in that capacity. D. The appointment of a Councilmember as Mayor Pro Tempore shall not in any way abridge his/ her right to vote on matters coming before the Council at such meeting. E. The presiding officer shall preserve strict order and decorum at all meetings of the Council. The presiding officer shall state all questions coming before the Council, provide opportunity for discussion on each item on the table, and an- nounce the decision of the Council on all subjects. Procedural decisions made by the presiding officer may be overruled by a majority vote of the Council. (Ord. 2024 §1 (part), 2003) 2.04.090 Agenda for Regular or Special Council Meetings All items to be included on the agenda for Council consideration must be submitted to the City Clerk in full by 12:00PM noon on the Wednesday preceding each Council meeting. The City Clerk shall then prepare a proposed agenda, with attachments, according to the order of business. After the proposed agenda has been approved by the Council President or, in his/her absence, by his/her designated member of the City Council, the City Clerk shall prepare the final agenda, which shall be distributed to the Mayor, Councilmembers, City Attorney and Department Heads no later than Noon on the Friday preceding the Council Meeting. A copy of the agenda and subsequent documents shall be posted on the lobby bulletin board at City Hall. A copy of the Agenda face sheet will be posted on the City's website. (Ord. 2024 §1 (part), 2003) 2.04.100 Agenda Format The format of a Regular or Special City Council agenda shall be as follows: 1. Call to Order. 2. Pledge of Allegiance. 3. Roll Call. 4. Special Presentations on key agenda items . 5. Appointments and Proclamations of the Mayor. 6. Citizens' Comments. This is an opportunity for the audience to comment on items not listed on the agenda. 7. Consent Agenda: a. Contains all consent agenda items approved by the Council President, from a Committee of the Whole, or forwarded by unanimous committee action, and routine items such as, but not limited to, approval of minutes and approval of vouchers. No ordinances, resolutions or bid awards, will be included on the consent agenda. b. The following rules shall apply to the consent agenda: (1) Any member of the City Council may, by request and without a Council vote, have any items removed from the consent agenda. That item will, by automatic procedure, be placed under New Business for further discussion. (2) The remaining items shall be approved by motion. 8. Bid Awards. All competitive bid awards shall comply with RCW Title 39, and those that require Council approval shall include the contractor/vendor name, the project name, and the total dollar amount of the award. The award may or may not include Washington State Sales Tax. 9. Public Hearings: a. For public hearings required by City, State or Federal law or as the Council may direct. Examples may include, but not be limited to: (1) LID (2) Zoning 4 (3) Budget (4) Revenue sharing grants (5) Annexation (6) Moratoria (7) Quasi-judicial decisions b. The following procedures shall apply to public hearings, except public hearings subject to TMC Chapters 18.104 through 18.116, which shall be subject to the procedures specified therein: (1) The presiding officer may exercise a change in the procedures, but said decision may be overruled by a majority vote of the City Council. (2) The proponent spokesman shall speak first and be allowed 15 minutes. The Council may ask questions. (3) The opponent spokesman shall be allowed 15 minutes for presentation and the Council may ask questions. (4) Each side shall then be allowed 5 minutes for rebuttal. (5) After the proponents and opponents have used their speaking time, Council may ask further questions of the speakers, who may respond. c. At public hearings and for issues where a public meeting is required or requested, and a general audience is in attendance to present arguments for or against a public issue: (1) A signup sheet for speakers will be available, and all citizens considering speaking will be asked to write their name and address legibly. If they speak without signing up, they will be asked to sign in after speaking. (2) A person may speak for five minutes. No one may speak for a second time until everyone wishing to speak has had an opportunity to speak. (3) After the speaker has used the allotted time, Council may ask questions of the speaker and the speaker may respond, but may not engage in further debate. (4) Speakers should address their com- ments to the City Council and should not address other audience members. No disparaging remarks or remarks directed to opponents will be allowed. (5) The hearing will then be closed to public participation by the presiding officer and open for Councilmember discussion. 10. Unfinished Business. This section of the agenda shall include items of a general nature, including resolutions and ordinances previously discussed at a Council meeting. The following procedures shall apply during this section of the agenda: a. The item will be put on the table by motion. b. The committee chair, sponsor or a designated spokesman of each item may give a presentation. c. If a resolution or ordinance, the City Attorney or City Administrator may read the item by title only or, if requested by any Councilmember, the document may be read in its entirety. A motion by Council shall rule. d. The Council may then question the sponsor or designated spokesman of the presented item. e. When discussions conclude, the Council, by motion, will act upon the resolution, ordinance or other item. 11. New Business. This section of the agenda shall include all items of a general nature -- including resolutions and ordinances previously discussed at a Committee Meeting and put forward to the Regular Meeting -- and items that have been removed from the consent agenda. The procedures that apply during this section shall be the same as those under Unfinished Business. 12. Reports. Reports on special interest items from the Mayor, City Council, staff, City Attorney, and intergovernmental representatives. 13. Miscellaneous. 14. Executive Session. 15. Adjournment. (Ord. 2024 §1 (part), 2003) 2.04.110 Miscellaneous Agenda Procedures A. The City Council desires to provide adequate time for administration and staff analysis, fact finding and presentation. 1. Items to come before the City Council should first be placed on the agenda of the appropriate committee for discussion before they are placed on the agenda of a Regular Council Meeting. 2. All items that are not routine in nature and presented shall include a completed Council Agenda Synopsis (CAS), a staff report, and Committee Minutes. The City Clerk or a designated person shall be responsible for attaching a CAS number, keeping the original CAS, and maintaining an index for future reference. B. The agenda and provision for the Committee of the Whole shall be citizen comments, committee reports, discussion of items referred from committees, items referred by three Councilmembers, and items set by the Council President. The agenda and any attachments will be approved by the Council President or his/her designee, and shall be prepared by the City Clerk for distribution to the Council by 12:00PM noon on Friday. C. Items may be placed directly on the agenda of a Regular Meeting when the items are approved by the Council President, and: 1. The items are routine in nature, such as approval of vouchers, proclamations, acknowledgement or receipt of petitions or documents, or discussion of claims for damages. 2. An emergency condition exists that represents a personnel hazard, impending deadline, or risk of immediate financial loss. In such instances, the CAS summary or staff memo should clearly define why the special procedure is necessary. 5 3. In the event the sponsor of any items to come before the City Council feels it both appropriate and beneficial to the City, that sponsor may bring such items directly to the Regular Meeting with the concurrence of three Councilmembers. D. The Council President may affix an approximate time limit for each agenda item at the time of approval of the agenda. E. All proposed ordinances and resolutions shall be reviewed by the City Attorney and bear the Attorney's certification that they are in correct form before final passage. All accompanying documents shall be available before ordinances and resolutions can be passed. F. Resolutions of the City Council shall be signed by the Council President. G. A joint resolution of the City Council and the Mayor may be proposed when: 1. The subject of the resolution is of broad City concern, and the subject contains Council policy and ad- ministrative procedure; or 2. The subject of the resolution is of a ceremonial or honorary nature. H. Joint resolutions will be subject to the voting rules in TMC 2.04.130 and will be signed by the Mayor and Council President. The Council may provide for all Councilmembers to sign the joint resolution enacted under TMC 2.04.110 G. (Ord. 2024 §1 (part), 2003) 2.04.120 Speaking Procedures A. Speaking procedure for agenda items under consideration is as follows: 1. A Councilmember desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine him/herself to the question under debate. Recognition of Councilmembers shall be by seniority. 2. Any member, while speaking, shall not be in- terrupted unless it is to call him or her to order. 3. No Councilmember shall speak a second time on the same motion before an opportunity has been given each Councilmember to speak on that motion. B. Addressing the Council for items under Council discussion shall proceed as follows: 1. Any person, with the permission of the presiding officer, may address the Council, but the presiding officer shall be required to recognize speakers in the following order: a. A person designated by the presiding officer to introduce the subject under discussion. b. Those whose request to be heard is contained in the written agenda. c. Those who have submitted their request to be heard in writing or to the City Clerk before the meeting. d. Those who ask recognition from the floor. 2. In addressing the Council, each person shall advance to the podium and, after recognition, give name and address, and -- unless further time is given by the presiding officer -- shall limit his/her address to five minutes. All remarks shall be made to the Council as a body and not to any individual member or to the audience. 3. No person shall be permitted to enter into any discussion from the floor without first being recognized by the presiding officer. 4. Any person making personal, impertinent or slan- derous remarks while addressing the Council shall be barred from further audience participation by the presiding officer unless permission to continue is granted by a majority vote of the Council. (Ord. 2024 §1 (part), 2003) 2.04.130 Voting A. Silence of a Councilmember during a voice vote shall be recorded as an affirmative vote except where such a Councilmember abstains because of a stated conflict of interest. Each member present must vote on all questions before the Council and may abstain only by reason of conflict of interest. B. A roll-call vote may be requested by the presiding officer or any member of the Council. Voting normally shall be by seniority; however, this procedure may be changed by the presiding officer. C. Confirmations of appointments by the Mayor, budget transfers, personnel levels, and formal motions, resolutions, ordinances and amendments thereto shall require the affirmative votes of four Councilmembers. (Ord. 2024 §1 (part), 2003) 2.04.140 Executive Sessions The City Council may hold an Executive Session during a Regular Meeting, Special Meeting or Committee of the Whole meeting to consider certain matters as set forth in RCW 42.30.110. (Ord. 2024 §1 (part), 2003) 2.04.150 Continuances Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. (Ord. 2024 §1 (part), 2003) 2.04.160 Adjournment A. Any Committee of the Whole, Regular, adjourned Regular, Special or adjourned Special Meeting may be adjourned in the manner as set forth in RCW 42.30.090. B. All meetings of the Council shall adjourn no later than 11:00PM. If the Council desires to extend the meeting, a motion shall be required of a majority plus one vote of Councilmembers present. Items not acted on by the 11:00PM deadline shall be deferred to the next respective Council meeting as unfinished business, unless Council, by a majority vote of members present, determines otherwise. (Ord. 2024 §1 (part), 2003) 6 2.04.170 Questions of Parliamentary Procedure Questions of parliamentary procedure not covered by TMC Chapter 2.04 shall be governed by Robert's Rules of Order, Newly Revised (latest edition). (Ord. 2024 §1 (part), 2003) 2.04.180 Council Committees and Representatives A. There are four standing committees of the Council consisting of three members each. The Council President shall appoint the membership of each committee and the committee chair by the second Regular Meeting of each year. The chair for each committee shall set the schedule of meetings and cause them to be published. In the event a committee member is unable to attend a meeting, that member may ask another Councilmember to attend in his/her place. B. The standing committees shall consider and may make policy and legislative recommendations to the City Council on items referred to the committee by the Council President, the Council, administrative departments, boards or commissions. If budgeted in an amount less than or equal to $25,000, a committee can approve a bid or negotiation award by an affirmative vote of three committee members. If a unanimous committee vote is not obtained, the award will be referred to the City Council for action. The standing committees, their scopes of authority, and the supporting City departments are as follow: 1. Transportation Committee, which shall consider matters related to transportation, transportation plans, traffic, transit, streets, street lighting, signals, street LIDs, and rights-of- way in coordination with the Public Works Department and Department of Community Development. 2. Utilities Committee, which shall consider matters related to water; sewer; electric power; natural gas; telephone; cable television; telecommunications; solid waste reduction, reuse and recycling; river basins; and levies, in coordination with the Public Works Department. 3. Finance and Safety Committee, which shall consider matters related to the general fiscal and financial operations of the City; budget and financial reports; and policy matters related to personnel including, but not limited to, the salary grade schedule, position classifications and salary changes in coordination with the Finance Department, Administrative Services Department, and City Administrator. They will consider library issues, tourism, administrative matters, and information technology issues in conjunction with the City Clerk, Library Advisory Board, Lodging Tax Advisory Board, Chamber of Commerce, and Information Services. They shall consider matters related to police and fire protection; the municipal court; emergency services; and animal control in coordination with the Police Department, Fire Department, Civil Service Commission, Public Works Department, and Community-Oriented Policing Board. 4. Community Affairs and Parks Committee, which shall consider matters related to the planning of the physical, economic, aesthetic, cultural and social development of the City; and Comprehensive Plan, Zoning Code, Building Code, code enforcement, Sign Code and annexation policies, in coordination with the Department of Community Development, Human Services, Planning Commission, Hearing Examiner, Sister Cities Committee, Human Services Advisory Board, and the Equity and Diversity Commission. They shall consider matters relating to parks and park plans, recreation facilities and community activities, in coordination with the Parks and Recreation Department, the Arts Commission, and Park Commission. B. The Council President may establish such ad hoc committees as may be appropriate to consider special matters that do not readily fit the standing committee structure or that require special approach or emphasis. The Council President shall appoint Council representatives to intergovernmental councils, boards and committees as needed. C. Council committees shall consider all matters referred. Each committee chair shall report to the Council the findings of the committee. Committees may refer items to the Council with no committee recommendation. D. Each committee chair may review and approve his/her committee agenda and will approve committee minutes before distribution. The committee chair can authorize the cancellation of a committee meeting. An affirmative vote of three members of Finance and Safety Committee is required when the committee approves unbudgeted items. (Ord. 2024 §1 (part), 2003) 2.04.190 Filling Council Vacancies If a vacancy occurs in the office of Councilmember, the Council will follow the procedures outlined in RCW 35A.12.050. In order to fill the vacancy with the most qualified person available until an election is held, the Council will widely distribute and publish a notice of the vacancy, the procedure and any application form for applying. The Council will draw up an application form, which contains relevant information to answer set questions posed by the Council. The application forms will be used in conjunction with an interview of each candidate to aid the Council selection of the new Councilmember. (Ord. 2024 §1 (part), 2003) 7 8 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance and Governance Committee FROM: Laurel Humphrey, Legislative Analyst DATE: February 16, 2021 SUBJECT: Resolution amending Public Safety Bond Financial Oversight Committee Charter ISSUE The proposed resolution would adopt an amended Charter for the Public Safety Bond Financial Oversight Committee (“Committee”) as recommended by the Committee. 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 also gave Council the authority to “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. Resolution 1892, passed on October 3, 2016, adopted a formal Charter that outlined a framework for the Financial Oversight Committee in greater detail. The Committee commenced its first meeting in June 2017 and has been fulfilling its obligations to the community and Council. At its 2020 meetings, the Committee discussed the fact that its work was expected to slow as the projects neared completion and the bond expenditures would come to a halt. At its annual Charter review, the Committee agreed upon an amendment to clarify that the duration of the Committee will be “until the entirety of Public Safety Bond proceeds have been spent”, and the Committee Chair delivered this recommendation to the City Council in the December 2020 report. The draft resolution includes this suggested amendment as well as changes the language around the 2016 ballot measure from future to past tense, as the original Charter was adopted prior to the November 2016 election. The Committee is expected to meet in the 1st Quarter of 2021 to review expenditures to date, and again in the 2nd Quarter of 2021 to review expenditures and discuss the timeline of when the final expenditures will be complete. RECOMMENDATION Staff is seeking a recommendation from the Finance & Governance Committee to be forwarded to the March 1, 2021 Regular Consent Agenda ATTACHMENTS  Draft resolution and amended Charter  December 2020 Report of the Public Safety Bond Financial Oversight Committee 9 10 CC:\Legislative Development\Charter for Public Safety Bond Financial Oversight Cmte-amended 2-5-21 LH:bjs Review and analysis by Barbara Saxton Page 1 of 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING RESOLUTION NO. 1892, TO ADOPT AN AMENDED CHARTER FOR THE PUBLIC SAFETY BOND FINANCIAL OVERSIGHT COMMITTEE. WHEREAS, at the November 8, 2016 General Election, qualified voters of Tukwila approved Proposition No. 1, providing for the issuance of general obligation bonds for the City of Tukwila Public Safety Plan and establishing a Public Safety Bond Financial Oversight Committee (“Committee”); and WHEREAS, Resolution No. 1892 adopted a Charter for the Committee, including a provision to review the Charter annually and recommend any necessary amendments to the City Council; and WHEREAS, in December 2020, the Committee delivered a report to the City Council, including a recommended Charter amendment that would clarify the Committee’s duration to be in existence until the bond proceeds have been spent; and WHEREAS, the City Council finds that this clarification is appropriate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Attachment A to Resolution No. 1892 (entitled “Charter of the Public Safety Bond Financial Oversight Committee”) is hereby amended and incorporated by this reference as if fully set forth herein, and the amended version is attached to this resolution as Attachment A, “Amended Charter of the Public Safety Bond Financial Oversight Committee”. 11 CC:\Legislative Development\Charter for Public Safety Bond Financial Oversight Cmte-amended 2-5-21 LH:bjs Review and analysis by Barbara Saxton Page 2 of 2 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this _______ day of _________________, 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kate Kruller, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney Attachment A: Amended Charter of the Public Safety Bond Financial Oversight Committee 12 AMENDED CHARTER of the City of Tukwila Public Safety Bond Financial Oversight Committee Adopted by Resolution No. _____ 13 AMENDED CHARTER of the City of Tukwila Public Safety Bond Financial Oversight Committee Page 2 of 5 1. Background – Public Safety Bond On November 8, 2016, voters of Tukwila will be asked to approveapproved the issuance of general obligation bonds not to exceed $77,385,000 to pay for:  Replacement of three seismically-deficient fire stations (Stations 51, 52 and 54)  Guaranteed funding for fire equipment and apparatus for the life of the 20-year bond  Construction of a Justice Center to house the Tukwila Police Department and Municipal Court. 2. Charter Purpose Pursuant to Ordinance No. 2509 the City Council will appoint appointed a Public Safety Bond Financial Oversight Committee. within six months if the ballot proposition is approved by the qualified voters of Tukwila at the November 8, 2016 election. The purpose of this Charter is to serve as the framework for the Financial Oversight Committee (“Committee”). The City Council may amend this Charter as necessary or appropriate. 3. Committee Purpose As the City’s legislative body, oversight and control of the City’s finances is the responsibility of the City Council, all seven of whom are held accountable by Tukwila voters. The purpose of this Committee is not to supersede the fiduciary authority of the Council, but to independently represent taxpayers concerning the City’s expenditure of revenues received from the sale of general obligation bonds. The Committee shall review the allocation of bond proceeds and progress on achieving the purposes of the Public Safety Bond, and shall report at least semi-annually to the City Council and the public on the same. The Committee will help ensure that the community remains informed about new public safety construction projects. The Committee will not be engaged in facility design or construction oversight. 4. Committee Responsibilities  Review periodic reports provided by the City regarding status of construction projects, bond expenditures, project schedules, and timelines of bond projects.  Verify effective and efficient use of bond proceeds and compliance with the purposes of the Public Safety Bond.  Review efforts by the City to maximize bond revenues by balancing best value, quality, and efficiency in meeting the City’s goals and priorities.  Review copies of all other bond reports provided by the City or requested by the Committee. (continued…) 14 AMENDED CHARTER of the City of Tukwila Public Safety Bond Financial Oversight Committee Page 3 of 5 4. Committee Responsibilities (cont.)  Review copies of any performance or financial audits of the City’s bond programs to ensure that appropriate action is being taken to remediate any identified deficiencies.  Prepare and communicate findings and recommendations for improvement via a periodic (at least semi-annually) independent report to the City Council and the public.  Review this Charter annually and recommend revisions to the City Council.  Approve Committee meeting minutes.  Approve reports and other Committee communications. 5. Committee Structure and Membership The Committee shall include 5 members comprising 2 residents, 2 members from the business community, and 1 at-large member. The City Council will appoint all members of the Committee. Members shall serve for terms of two years without compensation, although in order to have staggered terms, 1 resident and 1 business representative will initially be appointed for three years and thereafter all terms of appointment will be for two years. Members may be reappointed for additional terms. No employee or official of the City of Tukwila shall be appointed to the Committee. No vendor, contractor, or consultant of the City of Tukwila who is in any way involved in the public safety construction projects shall be appointed to the Committee. The Committee shall continue in existence for the economic life of the Public Safety Bonduntil the entirety of Public Safety Bond proceeds have been spent . 6. Appointment Process The City will advertise broadly the opportunity to serve on the Committee. Interested individuals may apply by completing the City’s Boards and Commissions application form available on the City website. Applications will be reviewed by a standing Committee of the City Council which will make a recommendation to the Committee of the Whole. Volunteers for City Boards, Commissions, and Committees are subject to a background check. 15 AMENDED CHARTER of the City of Tukwila Public Safety Bond Financial Oversight Committee Page 4 of 5 7. Bylaws The Committee shall adopt bylaws regarding its internal organization, including the following:  A provision for electing a Chair and a Vice-Chair, as well as any other officers deemed necessary by the Committee.  All meetings will be open to the general public.  A majority of active members shall constitute a quorum.  Reports and/or recommendations to the City Council must be approved by a majority of active members of the Committee.  Written minutes of all meetings of the Committee shall be composed. 8. Meetings The Committee shall determine its meeting schedule according to the flow of information to evaluate, no fewer than two times per year. Members are expected to reliably attend and participate in meetings. If a member fails to attend two or more meetings without cause, the Committee shall define the member as inactive and inform the Council of its action. 9. City Support The City will provide the Committee with reasonable technical and administrative assistance, including:  Provision of timely reports that will describe proposed projects, costs, contingency, and schedule.  Provision of other documents such as financial statements, investment reports, contracts, budget amendments, bid awards, or other reports requested by the Committee.  Provision of a meeting room.  Provision of space on the City website and Digital Records Center for public access to agendas, minutes, reports, and any other relevant information.  Preparation and distribution of meeting agendas and minutes. 16 AMENDED CHARTER of the City of Tukwila Public Safety Bond Financial Oversight Committee Page 5 of 5 10. Ethics Policy Committee members shall be bound by Tukwila Municipal Code Chapter 2.95, Code of Ethics for Employees and Appointed Officials. The Committee serves the general interest of the public and not any personal or special interest. Committee members are required to sign a conflict of interest statement and to disclose any potential conflicts that may arise in the course of their service. 11. Member Termination The City Council retains the right to remove a Committee member for specific reasons such as, but not limited to:  The member has been declared inactive due to missing two or more meetings without cause.  The member has been found to violate a provision of the Code of Ethics (TMC Chapter 2.95). If a member is removed from the Committee, the community will be notified of the vacancy and the City Council will appoint another qualified person to the Committee per the process outlined in Section 6 of this Charter. 17 18 December 2020 On behalf of my fellow members, I am pleased to present you with the final 2020 Report of the Public Safety Bond Financial Oversight Committee. Per the Charter adopted in Resolution 1892, our role is to review the allocation of bond proceeds and progress on achieving the purposes of the Public Safety Bond and to report to the City Council semi-annually. The Committee met on November 10, 2020. Pursuant to Ordinance 2509 and Resolution 1892, during this meeting the Committee reviewed status and expenditure reports relating to the Public Safety Bond as approved by Tukwila voters at the November 8, 2016 General Election. City staff also provided an overview of the Public Safety Plan overall budget, schedule and status. The Oversight Committee has to date reviewed bond expenditures through October 31, 2020 and finds that these expenditures are in compliance with the purposes of the Public Safety Bond. The Oversight Committee completed the annual review of its Charter and have the following recommended changes to present to the City Council. The Committee recommends that the City Council amend the last sentence in Section 5 of the Public Safety Bond Financial Oversight Committee Charter as follows: The Committee shall continue in existence until the entirety of Public Safety Bond proceeds have been spent. f r the e e rk e fthe Publie Sefety Ben6L Draft minutes of the meeting are attached to this report. The Committee appreciates this opportunity and we look forward to our continued relationship with the City Council. Andy Reiswig, Chair 19 Jovita McConnell, Vice -Chair Sean Goode Jessica Jerwa Randy Coplen Attachments: Draft November 10, 2020 Committee Minutes 20 City of Tukwila Public Safety Bond Financial Oversight Committee November 10, 2020 Virtual Meeting due to COVID-19 Emergency 4:00 p.m. MINUTES Call to Order II. Roll Call Committee members: Andy Reiswig, Chair; Jovita McConnell, Vice -Chair; Sean Goode, Jessica Jerwa, Randy Coplen Staff: David Cline, Laurel Humphrey, Vicky Carlsen, Aaron Williams, Tony Cullerton Guest: Steve Goldblatt, Public Safety Plan Program Management Quality Assurance Consultant III. Approval of Agenda The agenda was approved by unanimous consent. IV. Approval of Minutes The August 11, 2020 meeting minutes were approved by unanimous consent. V. New Business a. Public Safety Plan Project Update Staff presented an overview of the Public Safety Plan status and projects. The Justice Center and Station 51 are completed and Station 52 will open in early 2021. All projects are within approved budget. Mr. Goldblatt provided remarks from his perspective. b. Public Safety Plan Financial Overview The Committee reviewed the original and revised revenue and expenditure budgets for the Public Safety Plan. The total for actual and projected revenues is $147,948,100. The total budgeted expenditures is $122,627,140 and actual expenditures through October 31, 2020 are $101,201,589. c. Expenditure Report The Committee reviewed a list of expenditures through October 31, 2020. d. Committee Charter The Committee completed its annual Charter review. Staff proposed an amendment the last sentence of Section 5, "Committee Structure and Membership," as follows: 21 The Committee shall continue in existence until the entirety of Public Safety Bond proceeds have been spent. f r the ec- !W of the Publie Se", Bend, Mr. Cop ten moved to amend Section 5 of the Charter as proposed, and Mr. Goode Seconded. The motion passed unanimously. e. Report to Council The Committee reviewed a draft Report to Council and agreed that expenditures met the purposes outlined in the bond measure and that the report should reflect the Charter amendment above. Mr. Reiswig will work with staff to present the report to the City Council before the end of the year. VI. Miscellaneous The Committee will plan to meet in February of 2021. Finance staff will be prepared to discuss the schedule of remaining bond expenditures. VII. Adjournment The meeting was adjourned at 4:39 by unanimous consent. Minutes by LH 2 22