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HomeMy WebLinkAboutFS 2012-02-22 COMPLETE AGENDA PACKETCity of Tukwila Distribution: D. Quinn Finance and Safety D. Robertson K. Kruller Committee V. Seal Mayor Haggerton D. Cline O De'Sean Quinn, Chair P. McCarthy O Dennis Robertson C. o'Raherty S. Kerslake O Kate Kruller K. Matej D. Tomaso B. Linton AGENDA WEDNESDAY, FEBRUARY 22, 2012 CONFERENCE ROOM #3, 5:15 PM Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. Update to Fire and Parks impact fee ordinances. Don Tomaso, Fire Marshal a. Forward to 2/27 C.O.W. Pg.1 and 3/5 Regular Mtg. b. Panhandling ordinance update. Bruce Linton, Assistant Police Chief c. Investment report. Peggy McCarthy, Interim Finance Director 3. ANNOUNCEMENTS 4. MISCELLANEOUS b. Information only. Pg.27 c. Information only. Pg.31 Next Scheduled Meeting: Tuesday, March 6, 2012 S The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 433 -1800 or (tukclerk @tukwilawa.gov) for assistance. x City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: B/C Don Tomaso, Fire Marshal DATE: February 14, 2012 SUBJECT: Fire and Parks Impact Fee Ordinance updates. ISSUE To clear up language conflicts within both ordinances and provide clarification language for developers as to how we implement the Fire and Parks impact fee ordinances within the City. In addition, we have worked with Parks to update their capital project list for the ordinance. BACKGROUND The City adopted Fire and Parks impact fees in December of 2008, and The Department of Community Development was managing both ordinances until the middle of 2010 when the Fire Department took over the task of assessing and working with developers for Fire and Parks impact fees. During this time we noticed some language and interpretation issues that most developers were having trouble with when they tried to estimate their impact fees. ANALYSIS Staff reviewed the difficulties that most developers were experiencing and examined the language in the ordinances for conflicts. Staff then met with the City Attorney to review the issues and to better understand the intent and purpose of the Fire and Parks impact fees structure. The proposed changes will make the administration of the ordinances less demanding on staff and provide greater clarity for developers. RECOMMENDATION The Council is being asked to consider the 2 ordinances at the February 27, 2012 Committee of the Whole meeting and March 5, 2012 Regular Meeting. ATTACHMENTS Draft Fire Impact Fee Ordinance Draft Park Impact Fee Ordinance x AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2219, AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER 16.26; REENACTING TMC CHAPTER 16.26, "FIRE IMPACT FEES," TO AMEND THE PROCESS FOR IMPOSING AND ADMINISTERING FIRE IMPACT FEES TO BETTER ADDRESS THE NATURE OF DEVELOPMENT ACTIVITY IN TUKWILA; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2219 on December 15, 2008; and WHEREAS, after implementation of Ordinance No. 2219, certain refinements have been identified based on the unique nature of the development activity in Tukwila; and WHEREAS, the City desires to simplify the process of imposing and administering fire impact fees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 16.26 Reenacted. Tukwila Municipal Code (TMC) Chapter 16.26 is hereby reenacted to read as follows: W: Word Processing \Ordinances \Fire Impact Fee Ord amended 2 -14 -12 DT &SK:bjs Page 1 of 9 3 CHAPTER 16.26 FIRE IMPACT FEES Sections: 16.26.010 Authority and Purpose 16.26.020 Findings 16.26.030 Definitions 16.26.040 Fire Impact Fee Assessment 16.26.050 Use of Fire Impact Fees 16.26.060 Fire Impact Fee Capital Facilities Plan 16.26.070 Fire Impact Fee Formula 16.26.080 Fire Impact Fee Adjustments W: Word Processing \Ordinances \Fire Impact Fee Ord amended 2 -14 -12 DT &SK:bjs Page 1 of 9 3 16.26.090 Credits 16.26.100 Appeals 16.26.110 Refunds 16.26.120 Exemptions 16.26.130 Authority Unimpaired 16.26.010 Authority and Purpose. A. Authority. The City of Tukwila's impact fee financing program has been developed pursuant to the City of Tukwila's policy powers, the Growth Management Act as codified in Chapter 36.70A of the Revised Code of Washington (RCW). B. Purpose. The purpose of the financing plan is to: 1. Develop a program consistent with Tukwila's Fire Department Capital Facilities Plan and the Capital Improvement Program for joint public and private financing of fire protection services necessitated in whole or in part by development within the City of Tukwila; 2. Ensure adequate levels of public fire protection and service are consistent with the current level of service standards; 3. Create a mechanism to charge and collect fees to ensure that new development bears its proportionate share of the capital costs of public fire protection facilities necessitated by development; and 4. Ensure fair collection and administration of such fire impact fees. 16.26.020 Findings. The City Council finds and determines that new growth and development in the City create additional demand and need for public fire protection facilities in the City, and the City Council finds that Re growth and development should pay its proportionate share of the costs of the for new f� epliGe facilities needed to serve thenew growth and development in the City. Therefore, pursuant to RCW 36.70A and RCW 82.02.050 throuqh 82.02.100, which authorize the Citv to impose and collect impact fees to fund public facilities that serve arowth, the Citv Council adopts th ordinance to impose fire protection impact fees for fire protection services. The —Git GounGil believes that thiS Gan be aGGOFnp shed by the assessment of fiFe *MpaGt fees It is the Council's intent that the provisions of this ordinance be liberally construed in establishing the fire impact fee program. 16.26.030 Definitions. Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaning. For the purposes of this ordinance, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the following meanings: W: Word Processing \Ordinances \Fire Impact Fee Ord amended 2 -14 -12 DT &SK:bjs Page 2 of 9 4l r 1 1 121. "Building permit" means an official document or certification of the City of Tukwila issued by the City's building official which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement, demolition, moving, or repair of a building or structure. 23. "City" means the City of Tukwila, Washington, County of King. 3 4. "Development activity" means any construction, reconstruction, or expansion of a building, or-structure, or use, or anv chanaes in use of a buildina or structure, or anv vl- eCt d chanaes in the use of land, that rem �irec requirina development a2proval. c-reat +ienal and n for fire etyfanli iec J cer' vc. T 1TCIrrC� an rrcc v 7'vl TfT� safety c 4 5. "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity." 5 6. "Encumber" means to reserve, set aside, or earmark the fire impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of fire protective services. 6 7. "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity that requires a building permit and creates a demand for additional fire capital facilities. 7 8. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this ordinance as a condition of granting development approval in order to pay for the fire facilities needed to serve new growth and development that is a proportionate share of the cost of fire capital facilities that is used for facilities that reasonably benefit oew development. Impact fees do not include a reasonable permit fees, ae- application fees, and administrative fees for collecting and handling fire impact fees, or the cost of reviewing independent fee calculations. 8 -9. "Owner" means the owner of record of real property, as found in the records of King County, Washington, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the property. 9 4-0. "Proportionate share" means that portion of the cost for fire facility improvements that are reasonably related to the service demands and needs of new development. W: Word Processing \Ordinances \Fire Impact Fee Ord amended 2 -14 -12 DT &SK:bjs Page 3 of 9 5 1 "Fire protection facilities fa -+RGIudes means all oublicly owned apparatus and buildings within the Citv that are used for fire protection and /or emeraencv response and aid. means th e follewing r.anital facilities Owned Or Operated by governmental ontitin (1) publiG streets and reads spa-G anf'd recreational facilities; Scheel faciliti (/I\ fire nmtertien facilities net part of a fire rdis t• anrd n e faclif- i c nnr e d essential public fa rdefined by Chapter 36.70A RGW-. ti CA7���T�'�TI7e�Ci TC( GTTi[7...... GtTtF ti.TJ'w. 'Cmir..3 a 16.26.040 Fire Impact Fee Assessment. A. The City shall collect fire impact fees from applicants seeking development approvals from the City for any development activity in the City for which building permits are required effective January 1, 2009, consistent with h the D r o vyis ions of this This ordinance- n;Tw i R h the �CI Q7 TL ex I oG, wPY7 i I i Gh Create t Qe for fire nretenfien seniices B. Fire impact fees shall be assessed at the time of a technically complete building permit application that complies with the City's zoning ordinances and building and development codes. Fire impact fees shall be collected from the fee payer at the time the building permit is issued. C. Except if otherwise exempt, the City shall not issue the required building permit unless or until the fire impact fees are paid. 16.26.050 Use of Fire Impact Fees. A. Pursuant to this ordinance, fire impact fees shall be used for fire facilities that will reasonably benefit growth and development, and only for fire protection facilities addressed by the City's Capital Facilities Element of the Comprehensive Plan. the -G+ty aR d its residents B. Fees shall not be used to make up deficiencies in City facilities serving an existing development. C. Fees shall not be used for maintenance and operations, including personnel. D. Fire impact fees shall be used for, but not limited to, land acquisition, site improvements, engineering and architectural services, permitting, financing, administrative expenses and applicable mitigation costs, and capital equipment pertaining to fire protection facilities. E. Fire impact fees may also be used to recoup public improvement costs incurred by the City to the extent that n growth and development will be served by the previously constructed improvement. F. In the event bonds or similar debt instruments are or have been issued for fire facility improvements, impact fees may be used to pay the principal on such bonds. W: Word Process ing \Ordinances \Fire Impact Fee Ord amended 2 -14 -12 DT &SK:bjs Page 4 of 9 A 16.26.060 Fire Impact Fee Capital Facilities Plan. In order to collect fire impact fees, the City must first adopt a Fire Capital Facilities Plan as an element of the City's Comprehensive Plan. The City's Capital Facilities Plan for fire protection services shall consist of the following elements: 1. The City's capacity over the next six years, based on an inventory of the City's fire facilities both existing and under construction; 2. The forecast of future needs for fire facilities based upon the City's population projections; 3. A six -year financial plan component, updated as necessary, to maintain at least a six -year forecast for financing needed within projected funding levels; 4. Application of the formula set forth in this ordinance based upon the information in the Capital Facilities Plan; and 5. City Council Action. No new or revised impact fee shall be effective until adopted by the City Council following a duly advertised public hearing to consider the City's Capital Facilities Plan or plan update. 16.26.070 Fire Impact Fee Formula. A. The impact fee formula is based on the assumptions found in Tukwila Fire Impact Fees, 2008, Exhibit A, and Tukwila Fire Department Capital Facilities List, Exhibit B, both attached hereto and by this reference fully incorporated herein. FIRE IMPACT FEE CALCULATIONS Impact Fee Land Use Per Residential Unit Per 1,000 Sq. Ft. GFA Single family $922 Multi- family $1,200 Office $1,624 Retail $580 Industrial $127 B. Each development shall mitiqate its impacts on the Citv's fire protection facilities by pavment of a fee that is based on the We of land use and square footaqe of the development, and proportionate to the cost of the fire protection facilitv improvements necessary to serve the needs of qrowth. C. Applications for a chanqe of use shall receive credit based on the existinq use. This credit is calculated by deductinq the fee amount of the existinq use from the fee of the proposed use. 16.26.080 Fire Impact Fee Adjustments. A. The City may adjust a fire impact fee at the time the fee is imposed in order to consider unusual circumstances in specific cases to ensure that impact fees are imposed fairly. W: Word Processing \Ordinances \Fire Impact Fee Ord amended 2 -14 -12 DT &SK:bjs Page 5 of 9 7 B. In calculating the fee imposed on a particular development, the City shall permit consideration of studies and data submitted by a developer in order to adjust the amount of the fee. The developer shall submit an independent fee calculation study to the Fire Chief who shall review the study to determine that the study: Is based on accepted impact fee assessment practices and methodologies, 2. Uses acceptable data sources and the data used is comparable with the uses and intensities planned for the proposed development activity; 3. Complies with the applicable state laws governing impact fees; 4. Is prepared and documented by professionals who are mutually agreeable to the City and the developer and who are qualified in their respective fields; and 5. Shows the basis upon which the independent fee calculation was made. C. In reviewing the study, the Fire Chief may require the developer to submit additional or different documentation. If an acceptable study is presented, the Fire Chief may adjust the fee for the particular development activity. The Fire Chief shall consider the documentation submitted by the applicant, but is not required to accept such documentation that the Chief reasonably deems to be inaccurate or unreliable. if aR aGGeptable study is net pre6ented, the developer shall pay the fees -requiFed -pFieF to submittiRg the study. D. A developer requesting an adjustment or independent fee calculation may pay the impact fees imposed by this ordinance in order to obtain a building permit while the City determines whether to partially reimburse the developer by making an adjustment or b accepting the independent fee calculation. 16.26.090 Credits. In computing the fee applicable to a qiven development, credit shall be given for the fair market value measured at the time of dedication. for anv dedication of land for improvements to, or new construction of, anv fire protection facilities that are identified in the Capital Facilities Element and that are required by the Cit as a cond of approvinq the development activity. fee pay Ga request that a— GFedit, OF GFetlits, to awarded the fee l the f payer c)r va of dediGate 1 and N 1 "-�°r v rn acarauccci l rcmcr t hat Y` e deRtified i n_ the _Capital Fondies RaR and that are ren _d her the Gity as a nnn&inn of approving the development aGtnrity 16.26.100 Appeals. A. Any fee payer may pay the impact fees imposed by this ordinance under protest in order to obtain a building permit. B. Appeals regarding fire impact fees imposed on any development activity may only be submitted by the fee payer of the property where such development activity will occur. No appeal shall be permitted unless and until the impact fee at issue has been paid. W: Word Processing \Ordinances \Fire Impact Fee Ord amended 2 -14 -12 DT &SK:bjs Page 6 of 9 i C. Determinations of-by the City staff with respect to the applicability of fire impact fees to a given development activity, or the availability of a credit, can be appealed to the City's Hearing Examiner pursuant to this section. D. An appeal shall be filed within 10 working days of payment of the impact fees under protest or within 10 working days of the City's issuance of a written determination of a credit or exemption decision by filing with the City Clerk a notice of appeal giving the reasons for the appeal and with in- inn the accompanying appeal fee as set forth in the existing fee schedule for land use decisions. 16.26.110 Refunds. A. If the City fails to expend or encumber the impact fees within six years from the date the fees were paid, unless extraordinary circumstances or reasons exist, the current owner of the property on which the impact fees were paid may receive a refund of such fees. B. The City shall notify potential claimants by first class mail that they are entitled to a refund. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first -in, first -out basis. C. Owners seeking a refund must submit a written request for a refund of the fees to the City within one year of the date the right to claim a refund arises or notice is given, whichever comes later. D. Any impact fees for which no application has been made within the one -year period shall be retained by the City and expended on appropriate fire facilities. E. Refunds of impact fees shall include any interest earned on the impact fees by the City. 16.26.120 Exemptions. The fire impact fees are generated from the formula for calculating the fees as set forth in this ordinance. The amount of the impact fees is determined by the information contained in the adopted fire department master plan and related documents, as appended to the City's Comprehensive Plan. All new development activitv located within the City wi4 -shall be charged a fire impact fee; provided, that the following exemptions shall apply. Any development activity or project which has submitted a technically complete building permit application prior to the effective date of this ordinance shall be exempt from the payment of fire impact fees. The following shall be exempt from fire impact fees: 1. Replacement of a structure with a new structure having the same use, at the same site, and with the same gross floor area, when such replacement is within 12 months of demolition or destruction of the previous structure. 2. Alteration or expansion of, or remodeling of, an existing dwelling or structure where no new units are created and the use is not changed. 3. Construction of an accessory residential structure. W: Word Processing \Ordinances \Fire Impact Fee Ord amended 2 -14 -12 DT &SK: bjs Page 7 of 9 9 4. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools, and signs that do not create an increase in demand for fire services. 5. Demolition of or moving an existing structure within the City from one site to another. 6. Low income housing developed by individuals, nonprofit corporations, or a housing authority may be exempted from impact fees at the discretion of City staff subject to: a. Submittal of a F-fiscal impact analysis of the effect of impact fees upon low- income housing and how exempting such housing from impact fees would forward the goals for low- income housing in the City and King County; b. That Submittal of adequate documentation be previded that the showinq that housing will remain available for low- income persons for a 10 -year period of time at affordable rents; and c. In the case of owner occupied dwellings, submittal of adequate documentation showina that such housing will be sold or leased at affordable rates to low- income households for a period of 10 years. aid d. The impact fee for exempt development under this subsection shall be calculated as provided by this ordinance and paid with public funds. Such payments may be made by including such amounts in the public share of the system improvements undertaken within the City for fire protection services and facilities. 7. Chanqe of Use. A development permit for a chanae of use that has less impact than the existina use shall not be assessed a fire impact fee. rG+ OF stn,r t hat rn ,e requirements of th s ubpart shall he exempt from the requiremeRt tG pay all impaGt fees. To quality for this exemptieR, all of the following mar.... the applinahle requirements shall he met: a For non_ residential str,,ntu C r the ReR FG tial port of mixed stpaGW Fo s addi gross f a For residential str„nt„r or the part of mixed use stR anti Ir add hE)US'Rg units may be added. n_ eC t he stnsGWre h n replan all have been demolished er rnc)ved outside the City of Tukwila. :nom �rr ver�c�. r'cf.�rac 16.26.130 Authority Unimpaired. Nothing in this ordinance shall preclude the City from requiring the fee payer to mitigate adverse and environmental effects of a specific development pursuant to the State Environmental Policy Act, Chapters 43.21C RCW and /or Chapter 58.17 RCW, governing plats and subdivisions, provided that the exercise of this authority is consistent with Chapters 43.21 C and 82.02 RCW. W: Word Processing \Ordinances \Fire Impact Fee Ord amended 2 -14 -12 DT &SK:bjs Page 8 of 9 W Section 2. Repealer. Ordinance No. 2219, as codified in TMC Chapter 16.26, "Fire Impact Fees," is hereby repealed. 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 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachments: Exhibit A Tukwila Fire Impact Fees, 2008 Exhibit B Fire Department Capital Facilities List W: Word Processing \Ordinances \Fire Impact Fee Ord amended 2 -14 -12 DT &SK:bjs Page 9 of 9 11 12 4 u -v AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2220, AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER 16.28; REENACTING TMC CHAPTER 16.28, "PARKS IMPACT FEES," TO AMEND THE PROCESS FOR IMPOSING AND ADMINISTERING PARKS IMPACT FEES TO BETTER ADDRESS THE NATURE OF DEVELOPMENT ACTIVITY IN TUKWILA; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2220 on December 15, 2008; and WHEREAS, after implementation of Ordinance No. 2220, certain refinements have been identified based on the unique nature of the development activity in Tukwila; and WHEREAS, the City desires to simplify the process of imposing and administering parks impact fees, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 16.28 Reenacted. Tukwila Municipal Code (TMC) Chapter 16.28 is hereby reenacted to read as follows: W: Word Processing \Ordinances \Parks Impact Fee Ord amended 2 -15 -12 DT &SK:bjs Page 1 of 9 13 CHAPTER 16.28 PARKS IMPACT FEES Sections: 16.28.010 Authority and Purpose 16.28.020 Findings 16.28.030 Definitions 16.28.040 Parks Impact Fee Assessment 16.28.050 Use of Parks Impact Fees 16.28.060 Parks Impact Fee Capital Facilities Plan 16.28.070 Parks Impact Fee Formula 16.28.080 Parks Impact Fee Adjustments 16.28.090 Credits W: Word Processing \Ordinances \Parks Impact Fee Ord amended 2 -15 -12 DT &SK:bjs Page 1 of 9 13 16.28.100 Appeals 16.28.110 Refunds 16.28.120 Exemptions 16.28.130 Authority Unimpaired 16.28.010 Authority and Purpose. A. Authority. The City of Tukwila's impact fee financing program has been developed pursuant to the City of Tukwila's policy powers, the Growth Management Act as codified in Chapter 36.70A of the Revised Code of Washington (RCW). B. Purpose. The purpose of the financing plan is to: 1. Develop a program consistent with Tukwila's Parks and Recreation Department Capital Facilities Plan for joint public and private financing of public parks facilities and services necessitated in whole or in part by development within the City of Tukwila; 2. Create a mechanism to charge and collect fees to ensure that new development bears its proportionate share of the capital costs of public parks facilities necessitated by new development; and 3. Ensure fair collection and administration of such fire impact fees. 16.28.020 Findings. The City Council finds and determines that Rew growth and development in the City create additional demand and need for public parks facilities in the City, and the City Council finds that new growth and development should pay its proportionate share of the costs of the ^r new parks facilities needed to serve new the growth and development in the City. Therefore, pursuant to RCW 36.70A and RCW 82.02.050 through 82.02.100, which authorizes the Citv to impose and collect impact fees to fund public facilities that serve arowth, the Citv Council adopts this ordinance to impose parks impact fees for parks services. Th e G ity GeURGil b e li eves t t Ga be aGGGITIplished by the assessment of parks impaGt fees on new residential, and striae development On the City. It is the Council's intent that the provisions of this ordinance be liberally construed in establishing the parks impact fee program. 16.28.030 Definitions. Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaning. For the purposes of this ordinance, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the following meanings: 1. T rhe "Ac neaRS t Growth Manag Act, Chapte 17Laws of 1990 Z7� TTJ� First x Ses s i on Ch apter 36 70 RQN t seq. and te 32, Laws of 1991 First C nonial Session as n�ni in tenon or heFeina ter amended 2 "Building permit" means an official document or certification of the City of Tukwila issued by the City's building official which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement, demolition, moving, or repair of a building or structure. W: Word Processing \Ordinances \Parks Impact Fee Ord amended 2 -15 -12 DT &SK:bjs Page 2 of 9 li, 32. "City" means the City of Tukwila, Washington, County of King. 4 "Development activity" means any construction, reconstruction, or expansion of a building or—structure, or use, or anv changes in use of a building or structure. or anv chanaes in the use of land. requirinq development approval.that 54. "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity." 6 "Encumber" means to reserve, set aside, or earmark the parks impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of parks services. 7 "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity that requires a building permit and creates a demand for additional parks capital facilities. 6 "Impact fee" means the payment of money imposed by the City on development activity pursuant to this ordinance as a condition of granting development approval in order to pay for the parks facilities needed to serve Rew growth and development that is a proportionate share of the cost of parks capital facilities that is used for facilities that reasonably benefit new development. Impact fees do not include a- reasonable permit fees, a-n-application fees, and- the administrative fees for collecting and handling parks impact fees., or the cost of reviewing independent fee calculations. -9 "Owner" means the owner of record of real property, as found in the records of King County, Washington, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the property. 4-0 "Proportionate share" means that portion of the cost for parks facility improvements that are reasonably related to the service demands and needs of new development. 1 iGParks facilities" means following capital faciliti 9w1le— ri or (1 p blip streets and roars_(2 publiGly owned +r,• (4) fire protection fac ilities.. net Part of a fire dicfrint• anal (5) Police faciliti n a nd essential public faci c as defined by Chapter 36.70A those capital facilities identified as park and recreational facilities in the Citv's Capital Facilities Plan. W: Word Processing \Ordinances \Parks Impact Fee Ord amended 2 -15 -12 DT &SK:bjs Page 3 of 9 15 16.28.040 Parks Impact Fee Assessment. A. The City shall collect parks impact fees from applicants seeking development approvals from the City for any development activity in the City for which building permits are required, effective January 1, 2009, consistent with the provisions of this s#apterordinance. .,s will inGl de the ovnoncinn of existing w hiGh G`a+o�c dem J nA nt1�s B. Parks impact fees shall be assessed at the time of a technically complete building permit application that complies with the City's zoning ordinances and building and development codes. Parks impact fees shall be collected from the fee payer at the time the building permit is issued. C. Except if otherwise exempt, the City shall not issue the required building permit unless or until the parks impact fees are paid. 16.28.050 Use of Parks Impact Fees. A. Pursuant to this ordinance, parks impact fees shall be used for parks facilities that will reasonably benefit arowth and development, and only for park facilities addressed by the Citv's Capital Facilities Element of the Comprehensive Plan.the -City an its fcesideRtS. B. Fees shall not be used to make up deficiencies in City facilities serving an existing development. C. Fees shall not be used for maintenance and operations, including personnel. D. Parks impact fees shall be used for but not limited to land acquisition, site improvements, engineering and architectural services, permitting, financing, administrative expenses and applicable mitigation costs, and capital equipment pertaining to parks facilities. E. Parks impact fees may also be used to recoup public improvement costs incurred by the City to the extent that Rew- growth and development will be served by the previously constructed improvement. F. In the event bonds or similar debt instruments are or have been issued for parks facility improvements, impact fees may be used to pay the principal on such bonds. 16.28.060 Parks Impact Fee Capital Facilities Plan. In order to collect parks impact fees, the City must first adopt a parks capital facilities plan as an element of the City's Comprehensive Plan. The City's capital facilities plan for parks services shall consist of the following elements: 1. The City's capacity over the next six years, based on an inventory of the City's parks facilities both existing and under construction; W: Word Processing \Ordinances \Parks Impact Fee Ord amended 2 -15 -12 DT &SK:bjs Page 4 of 9 W 2. The forecast of future needs for parks facilities based upon the City's population projections; 3. A six -year financial plan component, updated as necessary, to maintain at least a six -year forecast for financing needed within projected funding levels; 4. Application of the formula set forth in this ordinance based upon the information in the capital facilities plan; and 5. City Council Action. No new or revised impact fee shall be effective until adopted by the City Council following a duly advertised public hearing to consider the City's capital facilities plan or plan update. 16.28.070 Parks Impact Fee Formula. A. The impact fee formula is based on the assumptions found in Tukwila Parks Impact Fees, 2008, Exhibit A, and Tukwila Parks Capital Facilities List, Exhibit B, both attached hereto and by this reference fully incorporated herein. PARKS IMPACT FEE CALCULATIONS Land Use Single Family Multi- Family Office Retail Industrial Impact Fee Per Residential Unit Per 1,000 Sq. Ft. GFA $1,426 $1,398 $837 $419 $262 B. Each development shall mitiqate its impacts on the Citv's parks facilities by payment of a fee that is based on the tvpe of land use and square footage of the development, and proportionate to the cost of the parks -facility improvements necessary to serve the needs of arowth. C. Applications for a chanqe of use shall receive credit based on the existing use. This credit is calculated by deductinq the fee amount of the existinq use from the fee of the proposed use. 16.28.080 Parks Impact Fee Adjustments. A. The City may adjust a parks impact fee at the time the fee is imposed in order to consider unusual circumstances in specific cases to ensure that impact fees are imposed fairly. B. In calculating the fee imposed on a particular development, the City shall permit consideration of studies and data submitted by a developer in order to adjust the amount of the fee. The developer shall submit an independent fee calculation study to the Director of Parks and Recreation, who shall review the study to determine that the study: W: Word Processing \Ordinances \Parks Impact Fee Ord amended 2 -15 -12 DT &SK:bjs Page 5 of 9 17 1. Is based on accepted impact fee assessment_ practices and methodologies; 2. Uses acceptable data sources and the data used is comparable with the uses and intensities planned for the proposed development activity; 3. Complies with the applicable state laws governing impact fees; 4. Is prepared and documented by professionals who are mutually agreeable to the City and the developer and who are qualified in their respective fields; and 5. Shows the basis upon which the independent fee calculation was made. C. In reviewing the study, the Director of Parks and Recreation ("Director") may require the developer to submit additional or different documentation. If an acceptable study is presented, the Director of Parks and Recreation may adjust the fee to that for the particular development activity. The Director shall consider the documentation submitted by the applicant, but is not required to accept such documentation that the Director reasonabiv deems to be inaccurate or unreliable. ff-a-n aGGeptable study is RGt presented, the ddevelepeF shall pay the irnpaGt fees Fequir prier to subMitt!Rg the study. D. A developer requesting an adjustment or independent fee calculation may pay the impact fees imposed by this ordinance in order to obtain a building permit while the City determines whether to partially reimburse the developer by making an adjustment or by accepting the independent fee calculation. 16.28.090 Credits. In computing the fee applicable to a qiven development, credit shall be qiven for the fair market value measured at the time of dedication. for anv dedication of land for improvements to, or new construction of. anv parks facilities that are identified in the Capital Facilities Element and that are required by the Citv as a condition of approving the development activitv. fee payee °n request that a nror♦i+ W OF ReW Genc +r„n +inn of a sys tem irnpFe'Jements prov b the _deyeln. to faGilities that are ideRtified i R the Gapital faGilities plan and that we 1 -ked by the City 16.28.100 Appeals. A. Any fee payer may pay the impact fees imposed by this ordinance under protest in order to obtain a building permit. B. Appeals regarding parks impact fees imposed on any development activity may only be taker}- submitted by the fee payer of the property where such development activity will occur. No appeal shall be permitted unless and until the impact fee at issue has been paid. W: Word Processing \Ordinances \Parks Impact Fee Ord amended 2 -15 -12 DT &SK:bjs Page 6 of 9 I: C. Determinations ef--by the City staff with respect to the applicability of parks impact fees to a given development activity, or the availability of a credit, can be appealed to the City's Hearing Examiner pursuant to this section. D. An appeal shall be taken filed within 10 working days of payment of the impact fees under protest or within 10 working days of the City's issuance of a written determination of a credit or exemption decision by filing with the City Clerk a notice of appeal giving the reasons for the appeal and paving the with an accompanying appeal fee as set forth in the existing fee schedule for land use decisions. 16.28.110 Refunds. A. If the City fails to expend or encumber the impact fees within six years from the date the fees were paid, unless extraordinary circumstances or reasons exist, the current owner of the property on which the impact fees were paid may receive a refund of such fees. B. The City shall notify potential claimants by first class mail that they are entitled to a refund. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first -in, first -out basis. C. Owners seeking a refund must submit a written request for a refund of the fees to the City within one year of the date the right to claim a refund arises or notice is given, whichever comes later. D. Any impact fees for which no application has been made within the one -year period shall be retained by the City and expended on appropriate parks facilities. E. Refunds of impact fees shall include any interest earned on the impact fees by the City. 16.28.120 Exemptions. The parks impact fees are generated from the formula for calculating the fees as set forth in this ordinance. The amount of the impact fees is determined by the information contained in the adopted parks master plan and related documents, as appended to the City's Comprehensive Plan. All flew development activitv located within the City wit-I- -shall be charged a parks impact fee; provided, that the following exemptions shall apply. Any development activity or project which has submitted a technically complete building permit application prior to the effective date of this ordinance shall be exempt from the payment of parks impact fees. The following shall be exempt from parks impact fees: 1. Replacement of a structure with a new structure having the same use, at the same site, and with the same qross floor area, when such replacement is within 12 months of demolition or destruction of the previous structure. 2. Alteration, er expansion, of or remodeling of an existing dwelling or structure where no new units are created and the use is not changed. 3. Construction of an accessory residential structure. W: Word Processing \Ordinances \Parks Impact Fee Ord amended 2 -15 -12 DT &SK:bjs Page 7 of 9 19 4. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools, and signs that do not create an increase in demand for barks services. 5. Demolition of or moving an existing structure within the City from one site to another. 6. Low income housing developed by individuals, nonprofit corporations, or a housing authority may be exempted from impact fees at the discretion of City staff subject to: a. Submittal of a fiscal impact analysis of the effect of impact fees upon low- income housing and how exempting such housing from impact fees would forward the goals for low- income housing in the City and King County; b That adequate Submittal of adequate documentation showinq that the housing will remain available for low- income persons for a 10 -year period of time at affordable rents; and c. In the case of owner occupied dwellings, submittal of adequate documentation showinq that such housing will be sold or leased at affordable rates to low- income households for a period of 10 years.; and d. The impact fee for exempt development under this subsection shall be calculated as provided by this ordinance and paid with public funds. Such payments may be made by including such amounts in the public share of the system improvements undertaken within the City for parks services and facilities. 7. Chanqe of Use. A development permit for a change of use that has less impact than the existina use shall not be assessed a parks impact fee. 7. The alteration, reGGRstrIJGt rernedeliRg, or replaGement of existing buildiRgs, t hat n requirements of fh n „hn Ap i shall be exempt fro m the I ient to pay all impaGt fees. To quality for this exemption, all ef the fGlIGW east- r- �ete�.. ,,ut�ee� -t-h� applirahle req uirements shall he met• a For non_residen I stru,ntuur eZnon_ residential part of mixed use rt4aT— �'a'c�v- cur n viT��ti.J r a�cr r cr u ca struGt f qo a dd i t i GRa l g FGSS fI GGF area ma b e a h For residenfial str, irti,r Or the resid part of mixed use str, Gtl ures n r. F or Fe StF the StFUGtUre being replaGed shall have beeR 16.28.130 Authority Unimpaired. Nothing in this ordinance shall preclude the City from requiring the fee payer to mitigate adverse and environmental a of a specific development pursuant to the State Environmental Policy Act, Chapters 43.21 C RCW and /or Chapter 58.17 RCW, governing plats and subdivisions, provided that the exercise of this authority is consistent with Chapters 43.21 C and 82.02 RCW. W: Word Processing \Ordinances \Parks Impact Fee Ord amended 2 -15 -12 DT &SK:bjs Page 8 of 9 20 Section 2. Repealer. Ordinance No. 2220, as codified in TMC Chapter 16.28, "Parks Impact Fees," is hereby repealed. 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 1 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachments: Exhibit A Tukwila Parks Impact Fees, 2008 Exhibit B Tukwila Parks Capital Facilities List W: Word Processing \Ordinances \Parks Impact Fee Ord amended 2 -15 -12 DT &SK:bjs Page 9 of 9 21 22 EXHIBIT A Tukwila Parks Impact Fees, 2008 TABLE 1: 2008 Park .Impact Fee Calculations Land Use 2007 2007 2007 Building 2020 Housing 2020 2020 Building Housing Employment Area -3 Units Employme Non Tukwila Area Units -1 2 nt Single- family 3,822 4,338 Residents Multi- family 4,107 6,491 (Office 6,245 1,561,250 7,727 1,931,750 lRetail 20,384 10,192,000 25,220 12,610,000 Industrial 20,343 16,274,400 25,169 20,135,200 TOTALS 7,929 46,972 28,027,650 10,829 58,116 34,676,950 1. OFM 2. PSRC 2007 Covered Emplooyment Estimates 2,384 3. Retail: 500gsf per emp; Office: 250gsf per emp; Industrial: 800gsf per emp; X emp growth 4. 43 SF du /yr; rest is MF from 2007 Buildable Lands Report 5. 90% of Buildable Lands Report estimates, at same as 2007 employment 1,482 6. Tukwila Resident/Non- Tukwila resident breakdown based on 2000 census data 133 1,349 In 2000, the number of residents who live and work in Tukwila is 1,502, out of a population of 17,181 9% Net Growth, 2008 2020 Housing Units Employment Building Employment Employment: 4 -5 Area 3 Tukwila Non Tukwila Residents Residents 9 -6 91 -6 516 2,384 1,482 370,500 133 1,349 4,836 2,418,000 435 4,401 4,826 3,860,800 434 4,392 2,900 11,144 6,649,300 1,003 10,141 Impact Fee Persons per Hours per Total Hours Cost Per Housing Per 1,000 Rounded Housing Unit Week Hours Allocation Unit GFA 2.54 2.54 3,329 11.78% $0 $0.00 $0 2.49 2.49 14,781 52.32% $0 $0.00 $0 1.00 1,349 4.77% $0 $0.00 $0 1.00 4,401 15.58% $0 $0.00 $0 1.00 4,392 15.55% $0 $0.00 $0 28,251 100.00% Note: $11,025,000 is 90% of $12,250,000 23 24 Exhibit B Tukwila Parks Capital Facilities List Project List Impact Fees 2009 to 2015 Duwamish Hill Preserve Trail Connections Tukwila Pond City ef Tukwila Peel Develop Phase II Green River Trail to Renton Black /Cedar River Trail Development Phase IV TOD Pedestrian Bridge Sounder Connection Total Project Cost s,�2- ,889989 *$2,500,000 $500,000 2,000,000 $8,000,000 *Tukwila Pool removed from list due to the formation of the Metropolitan Park District, funds added to the Duwamish Hill Preserve. Exhibit B Parks Impact Fees Revised January 2012 25 W City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Assistant Chief of Police, Bruce Linton DATE: February 15, 2012 SUBJECT: Tukwila Soliciting Law Effectiveness ISSUE The City of Tukwila's "Soliciting In Certain Areas Prohibited" ordinance, TMC 8.29.010 was effective on December 13, 2011. This informational memorandum is intended to highlight anecdotal information along with statistical data relating to the impact of the ordinance during the three months of enforcement. BACKGROUND During the September 26 Committee of The Whole (COW) Meeting and in a response to numerous citizen complaints regarding aggressive and increasing pan handling throughout our city, Councilman Dennis Robertson solicited support from the council to consider an ordinance that would limit pan handling. He communicated specific safety concerns among the citizens and indicated that this type activity created a safety issue. Under the direction and support of Mayor Haggerton city staff researched and drafted the ordinance "Soliciting In Certain Areas Prohibited" which outlined geographical areas along the Tukwila International Boulevard corridor and the Central Business District. The purpose of the ordinance is specified in the purpose statement as: "...to provide the free flow of pedestrian and vehicle traffic on streets and sidewalks in the city, to promote tourism and business, and to preserve the quality of urban life. Solicitation in proximity to automated teller machines and outdoor patios where food and beverage are served is inherently intimidating and should be restricted. By this legislation, the City Council intends to promote the health, safety, and welfare of the citizens of and visitors to the City of Tukwila." DISCUSSION The Tukwila Police Department, responsible for enforcing this new law, came up with an enforcement strategy. The Chief of Police's intent was to first train our officers on the specifics of the law, then initiate the process through public education and enforcement. Our officers were trained and businesses were notified of the new ordinance. A brochure conveying details of the law identified resources to assist the needy and mentally ill. This brochure is presented to violators contacted by the Tukwila Police. Violators are educated on the new law and issued a warning one time per 12 -month period, after which further violations will result in an arrest. 27 INFORMATIONAL MEMO Page 2 As of Feb 15, 2012, after 3 months of enforcement and education on the new law, Tukwila Police Department Officers have issued 45 warning citations. One repeat violator was arrested during this time period. A collection of anecdotal information from our officers and patrol supervisors revealed the following; Supervisors and officers reported that this is the best anti nuisance measure they have seen and it's a "huge" tool in dealing with the aggressive pan handling issue. A patrol supervisor reported appreciation from businesses such as the California Pizza Kitchen and Westfield Mall management on the effectiveness of the ordinance and the enforcement conducted by the officers. A patrol supervisor reported on our officer "buy in" on the ordinance. He indicated that there were no complaints regarding the extra work generated from the aggressive enforcement effort. The Central Business District (CBD) Team reported that the warnings are working and have greatly reduced the number of solicitors in the CBD during the last month. RECOMMENDATION No recommendation. The above is for information only. ATTACHMENTS Soliciting Law Explanation Pamphlet Panhandling Law pamphlet Panhandling definition Panhandling violations No panhandling area map City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Peggy McCarthy, Interim Finance Director DATE: February 15, 2012 SUBJECT: Fourth Quarter 2011 Cash Investment Report 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 second quarter Investment Report was presented at the August 16 Finance and Safety Committee meeting. The fourth quarter Investment Report is included with this memorandum and is discussed below. BACKGROUND City funds are invested to earn a reasonable return while preserving principal and allowing sufficient liquidity to meet the City's operating needs. To achieve these objectives investments are diversified by type, by financial institution, and by maturities in compliance with the City Investment Policy. DISCUSSION Portfolio Components. At December 31, 2011, the portfolio totaled $40.6 million comprised of $27.3 million in cash and cash equivalents and $13.2 in longer term investments. The portfolio balance declined by $8 million from the June 30 balance of $48.6 million. Cash and cash equivalents declined by $6.7 million and investments declined by $1.25 million. Two agency notes with par values of $500,000 each were called and one certificate of deposit of $250,000 came due accounting for the $1.25 million decline. The proceeds from these investments, in addition to the $6.7 million of cash and cash equivalents, or $8 million, funded debt service in the amount of $2 million and arterial street projects in the amount of $6 million. Portfolio Performance. The portfolio weighted average yield at year end was .99 Considering the portfolio's weighted average maturity was 1.4 years, and the yield on the one year and two -year treasury notes were .10% and .24% respectively, the portfolio yield of .99% is quite favorable. The yield has been sustained by the 4.05% average yield on the municipal bond investments, 1.65% average yield on the agency notes, the 1.37% yield on the certificate of deposits and the .50% earnings credit on the US Bank depository account. Investment income for 2011 exceeded $430,000 compared with $322,512 in 2010 and with the 2011 budget of $177,377. Part of the increase from 2010, or $67,607, is due to an accounting change. In 2011, the bank fees were recorded as an expense and the earning credit was recorded as investment income. In 2010, neither the fees nor the revenue were recorded as the amounts netted to zero. 31 INFORMATIONAL MEMO Page 2 Market value changes have no realized effect on the portfolio performance because investments are held to maturity consistent with the City's policy. However, it worth noting that, because of the decline in interest rates over the year, the market value of the portfolio increased from a market value loss of $127,822 at December 31, 2010 to a market value gain of $299,416 at December 31, 2011. Policv Compliance and Liauiditv Analvsis. The portfolio profile met all the investment policy parameters at year -end, except for the "Financial Institution Diversification" factor whereby 72.5% of the portfolio was invested in the US Bank depository account exceeding the 50% policy maximum. The overage occurred because additional funds were moved into US Bank in the latter part of the year to take advantage of the .50% earnings credit which yielded $67,607 for the year. Funds totaling $13 million have been transferred to other financial institutions since year -end. Fund Cash Investment Balances. Cash and investment balances of selected funds follow: Fund Fund Description Portfolio Balance in Millions 12 -31 -11 6 -30 -11 12 -31 -10 000 General $2.9 $7.1 $2.7 104 Arterial Street $4.6 $8.9 $9.8 209 Debt Service 2003 $3.1 bonds 301 Land Acquisition, Park $1.7 $4.8 $4.7 Development The General Fund balance declined compared with the June 30 balance due to transfers out to fund debt service and arterial street projects; the 2011 year -end balance is comparable with the 2010 balance. The Arterial Street Fund balance shows a continual decline which was expected as funds have been expended for the Southcenter Access Project and the Southcenter Parkway projects. The increase in the Debt Service fund and the corresponding decrease in the Land Acquisition and Park Development fund reflects a transfer of funds for servicing the golf course bond debt from a governmental fund as resolved by the Council at the November 21, 2011 regular meeting. Investment Environment. Interest rates dropped in the second half of the year and are expected to remain low until 2014. The portfolio will be managed to take advantage of investment opportunities as they arise. RECOMMENDATION Information Only. ATTACHMENTS Cash and Investment Report Policy Compliance Liquidity Analysis Cash and Investment Balances by Fund Treasury Rates and Yield Curves W:12012 Info Memos- CounciftImstmnt Rprt 12- 31- 11.docx 32 CITY OF TUKWILA CASH INVESTMENT REPORT December 31, 2011 (a) Purchase Maturity Term Par Book Yield to Annualized Date Date Yrs Value Balance Maturity Return Various Rating Agency Issuer Moody! Investment Type CASH CASH EQUIVALENTS 67,607 US Bank Depository Washington State Treasurer LGIP Investment Pool Regal Bank Money market Columbia Bank Money market Total Cash Cash Equivalents 250,000 INVESTMENTS 2,475 Certificates of Deposit (b) (a) Purchase Maturity Term Par Book Yield to Annualized Date Date Yrs Value Balance Maturity Return Various (b) 25,997,304 25,997,304 0.50% 67,607 Various (b) 100,893 100,893 0.13% 19,946 Various (b) 250,000 250,000 0.99% 2,475 Various (b) 1,021,734 1,021,734 0.25% 21,562 FNMA Step -up 27,369,931 27,369,931 0.41% 111,590 US Bank Certificate of Deposit 02/15/2010 02/15/2013 3.0 Sound Community Bank Certificate of Deposit 03/04/2011 03/04/2014 3.0 Sound Community Bank Certificate of Deposit 11/15/2010 05/15/2012 1.5 CERTIFICATES OF DEPOSIT TOTAL 1.75% 26,250 2,500,000 2.9 Agencies FNMA Step -up US agency 02/22/2011 02/22/2016 5.0 Federal Home Loan Mortgage Corp US agency 03/23/2011 09/23/2014 3.5 (FHLMC) TOTAL AGENCIES 4.1 Taxable Municipal Bonds City of Marysville, sinking 2014 -2017, Al LTGO Refunding ave 5.5 years Washington State Convention Center Aa3 Lodging Tax Bonds Facility UW Biomedical Center AA1 Revenue Bonds UW Biomedical Center AA1 Revenue Bonds Douglas County, ESD, sinking 2018- Aal UTGO 2020, ave 9 yrs Port of Anacortes Al LTGO Educational Servic District TOTAL MUNICIPAL BONDS Total Investments TOTAL CASH, CASH EQUIVALENTS INVESTMENTS 3,450,000 3,000,000 503,414 6,953,414 1,000,000 1,500,000 2,500,000 11/23/2010 12/01/2017 5.5 535,000 11/30/2010 07/01 /2016 5.6 500,000 12/14/2010 07/01/2017 6.6 500,000 12/14/2010 07/01/2019 8.6 500,000 12/23/2010 12/01/2020 8.9 1,135,000 3,450,000 1.44% 49,680 3,031,564 1.40% 42,000 507,839 0.75% 3,776 6,989,404 1.37% 95,456 1,000,000 1.50% (e) 15,000 1,500,000 1.75% 26,250 2,500,000 1.65% 41,250 592,771 3.37% 19,976 506,521 3.60% 18,235 505,863 4.05% 20,487 505,511 4.70% 23,759 1,154,848 4.55% 52,546 12/17/2010 09/01/2020 9.7 340,000 328,113 5.00% 16,406 03/23/2011 12/01/2012 1.7 185,000 188,356 1.00% 1,884 7.3 3,695,000 3,781,984 4.05% 153,292 4.4 13,148,414 13,271,387 2.19% 289,998 1.4 40,518,345 40,641,319 1 0.99% I 401,588 Current Portfolio Yield (a) On calleable bonds, term is calculated to final maturity even though call date may occur first; term of liquid investments is one day; on sinking fund bonds, average maturity is used to calculate term. (b) No fixed maturity, funds are available within one day. (c) Annualized return based on purchase price and yield to maturity. (d) Estimated market value at 12 -31 -10 was $102,535 less than purchase price. (e) Steps up to 3.25% on 2 -22 -12 if not called. 33 34 CITY OF TUKWILA Policy Compliance Liquidity Analysis CASH INVESTMENT REPORT December 31, 2011 As of Report Date Available Available Available in Portfolio Within 1 Year Within 5 5 10 Years Liquidity Analysis Maturity Diversification Amount Years Funds immediately available 27,369,931 27,369,931 27,369,931 Fixed Maturity Investments, maturing in: First quarter 2012 Second quarter 2012 507,839 Third quarter 2012 Fourth quarter 2012 188,356 Investments maturing in 1 year or less 696,196 696,196 696,196 Investments maturing in 1 -3 years 7,981,564 7,981,564 Investments maturing in 3 -5 years 1,506,521 1,506,521 Investments maturing in 5 -7 years 1,098,634 1,098,634 Investments maturing in 7 -10 years 1,988,472 1,988,472 Investments maturing in more than 1 year 12,575,192 and less than 10 years. TOTALS 40,641,319 28,066,127 37,554,212 3,087,106 69% 92% 11% Investment Policy Parameters POLICY LIMIT PORTFOLIO Policy Met? Funds available within 1 year 30.0% min 69% Yes Funds available within 5 years 80.0% min 92% Yes Funds available in 5- 10 years 20.0% max 11% Yes Liquidity Requirements and Funds Available for Investing: Funds immediately available 27,369,931 Restrictions designations: Southcenter Parkway Project 4,331.034 Klickitat Project 7,000.000 Operating liquidity (h) 14,000,000 Liquidity threshold 25,331,034 Funds available for longer term investing 2,038,897 (h) Represents largest one month decline in portfolio balance over the most recent 36 month period doubled; or the equivalent of a 100% cushion. Portfolio POLICY Policy Financial Institution Diversification Amount of Total MAXIMUM Met? US Bank 29,447,304 72.5% 50.0% No Washington State Treasurer 100,893 0.2% 75.0% Yes Columbia Bank 1,021,734 2.5% 50.0% Yes Sound Community Bank 3,539,404 8.7% 50.0% Yes Other financial institutions 6,531,984 16.1% 50.0% Yes Total 40,641,319 100.0% Portfolio POLICY Policy Investment Mix Amount of Total MAXIMUM Met? Depository 25,997,304 64.0% insured by PDPC Yes State Investment Pool 100,893 0.2% 75.0% Yes Money market 1,271,734 3.1% insured by PDPC Yes Certificate of Deposit 6,989,404 17.2% insured by PDPC Yes US Agency 2,500,000 6.2% 75.0% Yes Municipal Bonds 3,781,984 9.3% no limit specified in policy Yes Total 40,641, 319 100.0% Weiahted Averaae Maturites: Years Performance Analvsis Certificates of deposit 2.9 Current portfolio yield 0.99% Agency bonds 4.1 Benchmarks: Municipal bonds 7.3 6 month treasury 0.06% Total Investments 4.4 2 year treasury 0.24% Total Portfolio 1.4 Local Govt Invst Pool 0.13% POLICY MAXIMUM 3.5 Policy Met? Yes Note: Cash and cash equivalents are available within one day and are factored into the Total Portfolio weighted average maturity. 34 CITY OF TUKWILA Cash Investment Balances By Fund and Fund Group CASH INVESTMENT REPORT December 31, 2011 General 000 GENERAL 2,920,056 2,920,056 7,190,534 2,772,876 General Total 2,920,056 2,920,056 7,190,534 2,772,876 Special Revenue 101 HOTEL/MOTEL TAX 416,456 416,456 497,927 645,914 103 STREET 861,950 861,950 733,893 607,646 104 ARTERIAL STREET 3,551,345 1,100,611 4,651,955 8,906,680 9,854,278 105 CONTINGENCY 1,457,728 (0) 1 ,457,728 1,457,270 889,470 107 FIRE EQUIP. CUM, RESERVE 949,888 949,888 884,605 803,981 109 DRUG SEIZURE FUND 229,711 0 229,711 (4,554) 316,024 Special Revenue Total 7,467,077 1,100,610 8,567,688 12,475,821 13,117,313 Debt Service 207 LIMITED TAX G.O. BONDS 1999 13,248 3 208 LIMITED TAX G.O. BONDS 2000 70 70 70 70 209 LIMITED TAX G.0 BONDS 2003 1,179,139 2,000,000 3,179,139 153 210 LIMITED TAX G.O. REFUNDING 2003 1,156 1,156 1,457 211 LIMITED TAX G.O. REFUNDING 2008 5,406 5,406 13,345 212 LTGO SCORE BONDS 707 707 213 LTGO SCORE BLD AMER BONDS 616 616 214 LTGO 2010 Series A 37 37 37 215 LTGO 2010 Series B 5,264 5,264 17 216 VALLEY COM Refunding bonds 2010 14,014 14,014 814 814 Debt Service Total 1,206,408 2,000,000 3,206,408 14,132 15,896 Capital Project 301 LAND ACQ, REC PARK DEVLPMNT 1,765,812 21,043 1,786,855 4,845,418 4,771,625 302 FACILITY REPLACEMENT 2,027,395 2,027,395 2,044,018 2,058,699 303 GENERAL GOVERNMNT IMPROVEMENTS 578,814 578,814 742,794 1,470,395 304 FIRE IMPACT FEES 313,819 313,819 168,919 156,018 Capital Project Total 4,685,839 21,043 4,706,882 7,801,149 8,456,737 Enterprise 400 UTILITY ON ACCT (overpayments) 12,522 12,522 13,664 13,700 401 WATER 1,219,631 3,450,000 4,669,631 4,377,038 5,780,823 402 SEWER 1,062,434 0 1,062,435 1,209,792 1,769,275 411 FOSTER GOLF COURSE 35.294 35,294 (169,408) 21,640 412 SURFACE WATER 2,238,277 0 2,238,277 2,575,702 2,276,123 Enterprise Total 4,568,157 3,450,001 8,018,158 8,006,789 9,861,561 Internal Service 501 EQUIPMENT RENTAL 2,062,274 1,688.356 3,750,630 3.803,723 3,852,557 502 INSURANCE 1,132,739 5,011,377 6,144,117 6,048,103 5760,412 503 INSURANCE- LEOFF1 1,822,186 0 1,822,186 1,725,536 1,657,049 Internal Service Total 5,017,199 6,699,734 11,716,933 11,577,363 11,270 Fiduciary 611 FIREMEN'S PENSION 1,422,057 1,422,057 1,477,965 1,429,822 630 METROPOLITAN PARK DISTRICT 73,913 73.913 640 AGENCY FUND 9,224 11.1 9,224 124,837 7,744 Fiduciary Total 1,505,194 1,505,194 1,602,802 1,437,566 Grand Total 27,369,931 $13,271,388 $40,641,319 48,668,590 46,931,967 35 CITY OF TUKWILA Treasury Rates and Yield Curves CASH INVESTMENT REPORT December 31, 2011 Yield Curve at December 31, 2011 Yield Curve at June 30, 2011 5 4.5 4 3.5 3 2.5 2 1.5 1 O5 0' 5 4.5 4 3.5 3 2.5 2 15 1 0.5 0 �O A'l- 36