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2022-02-15 City Council - Full S Agenda-30921 2 3 4 5 o Agenda Edmonds City Council SPECIAL MEETING - VIRTUAL/ONLINE VIRTUAL ONLINE MEETING EDMONDS CITY COUNCIL MEETINGS WEB PAGE, HTTP://EDMONDSWA.IQM2.COM/CITIZENS/DEFAULT.ASPX, EDMONDS, WA 98020 FEBRUARY 15, 2022, 4:00 PM THIS MEETING IS HELD VIRTUALLY USING THE ZOOM MEETING PLATFORM. TO VIEW OR LISTEN TO THIS EDMONDS CITY COUNCIL MEETING, PASTE THE FOLLOWING INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS USING A COMPUTER OR SMART PHONE ARE INSTRUCTED TO RAISE A VIRTUAL HAND TO BE RECOGNIZED. PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS BY DIAL -UP PHONE ARE INSTRUCTED TO PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. CLOSED CAPTIONS ARE AVAILABLE USING THE ZOOM PLATFORM. CALL TO ORDER ROLL CALL APPROVAL OF THE AGENDA AUDIENCE COMMENTS COUNCIL BUSINESS 1. Proposed Amendments to the 2022 Adopted City Budget (60 min) ADJOURN Edmonds City Council Agenda February 15, 2022 Page 1 5.1 City Council Agenda Item Meeting Date: 02/15/2022 Proposed Amendments to the 2022 Adopted City Budget Staff Lead: Diane Buckshnis, Kristiana Johnson Department: City Council Preparer: Scott Passey Background/History On 2/1/22 - a public hearing was held and Council reviewed and vetted four amendments. On 2/8/22 - a Special Meeting was held and Council reviewed the Fund Balance Policy and vetted Decision Packet #1, 2, and 20. The meeting ended in the middle of decision packet #21. For the Attorney's budget ordinance which requires a super majority - Decision Packet #1 received a super majority with the City hiring a contracted REDI officer for three years at a cost of $100,000 per year. Recommendation Review Council amendments for vetting and vote and request Attorney or the Administration to prepare an ordinance to amend the 2022 budget. Narrative The PowerPoint presentation provides 2022 Council amendment suggestions and a public hearing was held on 2/1/22. Council vetting began 2/8/22. Only super majority votes (five) will be added to the ordinance for final vote. Attachments: Exhibit 1 February 15 Council 2022 Budget Amendment Exhibit 2 City Attorney Opinion Packet Pg. 2 5.1.a 2022 Budget Comments Timeliness is imperative. We are still in a pandemic and have economic pressures from a spike in inflation, supply -chain concerns, supply shortages, three to five projected interest rate hikes and other concerning p J g economic indicators. We have local budgetary pressures from changes in the South Fire Contract, impact on wages and (maybe) benefits from the recent compensation study and now new sewer plant issues coming on line with costs increases noted. Packet Pg. 3 5.1.a 2022 Budget Comments It might be advantageous to postpone some appropriations to allow for more information and further discussions in Council Committees. With all the economic, local, and health indicators continuing to emerge, Council's fiscal oversight becomes paramount. Council Committee are always available for vetting and amendments happen quarterly or as needed. A super -majority vote (five votes) is needed in order for the amendment to be moved to the udget ordinance. The ordinance for final approval by Council will only include super - majority votes. Packet Pg. 4 5.1.a 2022 Budget Amendments #21— $200K additional funds - There was a $409K carry forward. The City has $3.1MM of ARPA funds remaining for Household Support. No justification for the $300K identified as "Community Relief" considering Snohomish County has provided no information needed relating to the recent tax increases. Motion: Reduce decision packet by $200K. Substitute Amendment: Move funds to designated account 018 Homeless Fund. #22 — $119.4K - New FTE position to manage existing capital projects — there is not sufficient information to support a full time FTE, how this position will manage what projects in future years. Council committee should review this FTE job description and exactly how this projects interacts with Public Works. Motion: Remove decision packet and move to Council Committee. Packet Pg. 5 5.1.a 2022 Budget Amendments #33 — $15K — Facility Assessment — 2021 bonds approved based on the existing conditions assessment report. Bonding for these projects will be completed in three years. A discussion about the timing of the re -assessment should be brought forth to a Council Committee. Motion: Remove decision packet; bring to Council Committee #34 — $45K Carpet Cleaning — There is not sufficient information to support why this can't be performed internally especially when a new custodian is in the budget. Motion: Remove the decision packet. Process can be handled via a budget amendment and Council Committee review. Packet Pg. 6 5.1.a 2022 Budget Amendments #35 - $145K - Vehicle purchase for Maintenance and Custodial. Unclear as to how many vehicles (DP 70 has average cost of $60,625 per vehicle using July budget data and may be outdated). Council should review all vehicles and determine needs over wants as costs of vehicles are an economic indicator showing huge price increases. Motion: Delete the decision packet. Bring to Council Committee and handle through quarterly amendment process (historical examples). #37 - $100K - funding for ongoing aging infrastructure — 2021 bonds were to address backlog of infrastructure capital maintenance project and this request should be brought to Council Committee as bond funds were not completely utilized. Motion: Delete decision packet. Bring forth to Council Committee to determine need. Packet Pg. 7 5.1.a 2022 Budget Amendments #38 — $270,180 - new police perimeter fence — the cost and design of the fence has not been brought forth to a Council Committee. Securing the police area should be vetted through a committee to determine if less expensive alternatives. Motion: Delete decision packet and process alternative through Council Committee and handle through quarterly amendment process. #40 — $36K - Commute Trip Reduction — With pandemic these ORCA cards seem to be an unneeded expense since many employees are working from home. An amendment can always come through after proper vetting in Council Committee. Motion: Delete decision packet. N N O N d t r O N E a d W O am O L a r c E r- d E Q M m N N CO N U C O CU LO CU L x W C d E t V f3 a� Packet Pg. 8 5.1.a 2022 Budget Amendments #41— $30K - Purchase Message Board — The civic organizations that want to use them can rent them from a sign company. This is not a city function. Motion: Delete decision packet and bring forth to Council Committee to justify need. #47 — $440K - Yost and Seaview Assessment and Rehabilitation — this entire project has yet to be brought forth to Council and an amendment can occur in 2022. The numbers don't match the description and Seaview reservoir is not included. This needs to be sorted out in the Council Committee. Motion: numbers Delete decision packet; bring to Council Committee and sort out through CIP/CFP process. Of EO,A, Jac. 1 S90 N N O N d t r O .r N E a d W O am O L a r c a� E r- d E Q M m N N CO N U O CU LO CU L X W C d E t V f3 a� Packet Pg. 9 5.1.a 2022 Budget Amendments #48 — $120K - 3-year Rate Study Consultant —The CIP/CFP should be scrubbed before we allow review by a consulting firm as this process is not brought forth to Council Committee. Numbers in this budget have shown inconsistencies. This can be handled through amendment process once CIP/CFP is reviewed. Motion: Delete Decision Packet. Bring forth through Council Committee. #51— $20K - Overtime - the City's pilot projects are not a sufficient reason to add overtime on an on -going need. Increasing the overtime appropriation should be addressed with Council Committee to look at consistency in overtime over the years. Motion: Delete decision packet; bring through Council Committee. N N O N d t r O .r N E a O am O a r_ d E Q m N N Co N O CU LO CU L t X W C d E t V f3 a� Packet Pg. 10 5.1.a 2022 Budget Amendment #53 — $550.K Perrinville Creek Lower Restoration — See #60 there is not sufficient information to support this expense and/or restoration aspect. Motion: Delete and move through CIP/CFP process when restoration plan is provided by Administration. #55 — $190K - Edmonds Marsh Water Quality Improvements — no justification for water roJect. Suggest mitigation or the phases of this stormwater p gg that the tormwater J jSu saspect be clarified in the p CIP/CFP process. Motion: Delete decision packet and move through CIP/CFP process when restoration plan outlined. #60 — $121,542 Perrinville Creek Projects — No information provided from the Administration for the restructure project. Motion: Delete decision packet and bring forth through CIP/CFP process and budget amendments. LL � . of EDAj r -- X W Jac. 159� � d t V f3 a� Packet Pg. 11 5.1.a 2022 Budget Amendment #61 - $400K - Green Streets or green street definition in Rain garden grants availablE needed to determine how t to reduce flooding. and Rain Gardens — Not sufficient information supporting City documents to support costs. through Snohomish County. More information ie bio-retention and rain gardens are to be built Motion: Delete decision packet. Bring forth through Council Committee and the CIP/CFP process. 70 — $485K - New vehicles — There are already a number of vehicles in the police and public works departments. Vehicles purchases should move through a Council committee for a better understanding of all cars needed which might also include the Police Department restructure. Current economic indicators identify cost of vehicles are up significantly because of supply chain shortages. Motion: Delete decision packet and move through Council Committee. LL � . of EDAj r -- X W Jac. 159� � d t V f3 a� Packet Pg. 12 5.1.a 2022 Budget Amendment #71- $260K Vehicle charging network — Further review to entail creating a charging network system and data on current use of our charging stations and locations for them other than downtown area. (2021 bonds utilized and is this an aging infrastructure?) Motion: Delete decision packet and review through Counci Committee #72 - $230K - Strategic Planning for optimizing the solar panel upgrade on Frances Anderson Building. Motion: Delete decision packet and work through Council Committee regarding strategy and funding for the grant approved by Council. :A Packet Pg. 13 5.1.a 2022 Budget Amendments to Increase Appropriations • Motion to add $34K for the match for the Fourth Avenue Corridor which is part of the Creative District's capital project need. • Motion to add $60K for study of a Police Station relocation and/or City Hall relocation. • Motion to add $150K for Streetlights in the Lake Ballinger Area — move thought Council Committee and the CIP/CFP impact based on review of all areas of Edmonds (Seaview, Firdale, 5-Corners, Westgate, etc.) OF EDA, Jac. 1 S90 N N O N d t r O .r N C E a O am O L a r- d E Q m N N CO N O U LO CU L X W Packet Pg. 14 5.1.b MEMORANDUM FOR INCLUSION IN COUNCIL PACKET Date: January 12, 2022 To: Edmonds City Council Cc: Mayor Mike Nelson Dave Turley, Administrative Services Director From: Jeff Taraday, City Attorney Re: Applicable law regarding possible budget amendments Having been made generally aware of a desire by at least some councilmembers to remove previously approved items from the 2022 budget, it seems appropriate to advise the city council regarding applicable law and, in particular, the vote margin that might be required to accomplish that objective. The final paragraph of RCW 35A•33.12o reads as follows: The city council, upon a finding that it is to the best interests of the code city to decrease, revoke or recall all or any portion of the total appropriations provided for any one fund, may, by ordinance, approved by the vote of one more than the majority of all members thereof, stating the facts and findings for doing so, decrease, revoke or recall all or any portion of an unexpended fund balance, and by said ordinance, or a subsequent ordinance adopted by a like majority, the moneys thus released may be reappropriated for another purpose or purposes, without limitation to department, division or fund, unless the use of such moneys is otherwise restricted by law, charter, or ordinance. RCW 35A•33.120 (emphasis added). In other words, any ordinance that the council would be considering to adopt budget amendments would need five votes to pass if the ordinance had the effect of decreasing the appropriations for a given fund. Keep in mind, however, that it is only the ordinance that requires such a vote margin. Any preliminary motions M600 Stewart Street, Suite 400, Seattle, WA 98101 P 206.273.7440 F 206.273.7401 www.lighthouselawgroup.com Packet Pg. 15 5.1.b made as part of the perfecting or finalizing of the ordinance would only need a majority for passage. But, as a practical matter, if an ordinance ultimately contains several amendments that each only garnered four votes during the perfection process, that ordinance might have a difficult time obtaining the five votes necessary for passage. If the final ordinance contains, for example, eight different budget amendments, but only one of those eight actually decreases an appropriation, the ordinance would still need five votes to pass, because there can be only one vote on the final ordinance and the ordinance would decrease appropriations. Accordingly, the council may wish to direct that two ordinances be prepared: one ordinance that contains amendments that decrease appropriation levels and another ordinance that contains other budget amendments that do not decrease appropriation levels. An example of a budget amendment that does not decrease appropriation levels would be the removal of an authorized FTE position without removing the appropriation or funding that had been associated with that FTE position. If two such ordinances are prepared, only the ordinance that decreases appropriation levels would require five votes to pass. Please feel free to contact us with questions. N600 Stewart Street, Suite 400, Seattle, WA 98101 I P 206.273.7440 I F 206.273.7401 I www.lighthouselawgroup.com Packet Pg. 16