Form revised August 4, 2003

 

FISCAL NOTE FOR NON-CAPITAL PROJECTS

 

Department:

Contact Person/Phone:

DOF Analyst/Phone:

Seattle Transportation

Jon Layzer/684-8084

Susan Cole/684-8894

 

Legislation Title:

AN ORDINANCE relating to the Central Puget Sound Regional Transit Authority (“Sound Transit”); authorizing execution of “Fifth Supplement to MOA for Intergovernmental Cooperation (April 20, 1998) between Central Puget Sound Regional Transit Authority (Sound Transit) and The City of Seattle for the Central Link Light Rail Project”; making reimbursable appropriations in the 2003 budgets of Seattle Transportation, Department of Design, Construction and Land Use, Seattle Fire Department, and Seattle Police Department, and Department of Parks and Recreation; and accepting funds from Sound Transit; all by a three-fourths vote of the City Council.

 

·         Summary of the Legislation:

This legislation authorizes a Fifth Supplement to the Memorandum of Agreement with Sound Transit for the provision of, and Sound Transit reimbursement for, City services for completion of design review and permitting, and for continuing program management associated with construction of Sound Transit’s Central Link Light Rail Project.  This Agreement provides for reimbursement of most City services not covered by the Construction Services Agreement, under review by Council at the same time.  This Supplement continues the Memorandum of Agreement through December 2004, adjusting scope and budget to reflect continued progress on the project

 

·         Background: (Include brief description of the purpose and context of legislation and include record of previous legislation and funding history, if applicable):

The City has entered into a series of agreements with Sound Transit beginning with an initial Memorandum of Agreement in April of 1998 (Ordinance 118927).  That agreement provided $2.5 million for station area planning and implementation to be fully reimbursed by Sound Transit.  The First Supplement to the MOA was executed in October of 1999 (Ordinance 119514).  It provided $4.9 million for design review and permitting, also to be fully reimbursed by Sound Transit. 

The Second Supplement (Ordinance 120120) was to cover 2001 and 2002 activities and was developed in conjunction with the 2001/2002 City budget.  It was approved by the City Council but not by the Sound Transit Board, due to significant changes in the Sound Transit budget and workplan.  Thus the Second Supplement was never executed.  The City used unexpended funds from the previous two agreements to continue to support a reduced demand for services from Sound Transit.  In the absence of execution of the Second Supplement, Ordinance 120277 was passed by the City Council in February of 2001.  It reallocated $1.7 million of unspent funds from prior agreements among departments for interim funding until a new agreement could be negotiated.

The Third Supplement was approved by the City Council on May 14, 2001 and was intended to provide a reduced level of funding for City services to Sound Transit while the agency reevaluated its project and budget.  That agreement was for $1.6 million and was executed on June 8, 2001 (Ordinance 120363). Due to a lower than expected demand for services, the City was able to extend funding from the Third Supplement through March of 2002.  The extended timeline was authorized through another interim spending plan, which was authorized by the City Council in December of 2001 (Ordinance 120698).  Additionally, Ordinance 120698 redistributed budget authority that remained from the Third Supplement in accordance with a spending plan that was agreed to by the participating departments.  This spending plan continued to support City activities through the first quarter of 2002.  Sound Transit authorized continued use of unspent funds still available under the Third Supplement through a letter of approval, which use was specifically allowed in Section IV.C. of the First Supplement.

The Fourth Supplement was approved on April 22, 2002 (Ordinance 120784) and was extended on May 12, 2003 (Ordinance 121150), providing for the continuation of the City’s partnership with Sound Transit.  The Fourth Supplement has been administered using the same method as approved through the First Supplement, which involved the use of a single point of contact for performance reporting and invoicing system.  Seattle Transportation has coordinated reimbursements for all departments, providing quarterly invoices and monthly progress reports to Sound Transit, and developing interdepartmental agreements with the participating departments outlining tracking and reporting procedures.  Seattle Transportation has managed the general project budget and ensured that participating department costs are within budget and match the scope of the agreement.

City staff have worked with Sound Transit to clarify the scope, schedule, and budget for City services through the completion of the Central Link Light Rail Initial Segment construction in 2009.  A separate Construction Services Agreement covers the scope of City reimbursable services for services directly related to the construction of the Central Link project during that time period.  This Fifth Supplement to the original MOA provides for City services related to completion of the design review and permitting phases of the Central Link project, and limited ongoing program management expenses associated with the construction phase of the Central Link project.

 

·         Please check one of the following:

 

____    This legislation does not have any financial implications. (Stop here and delete the remainder of this document prior to saving and printing.)

 

__X_    This legislation has financial implications. (Please complete all relevant sections that follow.)

 


Appropriations: (Please only reflect the dollar amount actually appropriated by this legislation.)

Fund Name and Number

Department

Budget Control Level*

2003

Appropriation

2004 Anticipated Appropriation

Construction and Land Use Fund (15700)

DCLU

Land Use Services (U2200)

14,653

12,680

Construction and Land Use Fund (15700)

DCLU

Construction Permit Services (U2300)

55,851

50,601

Construction and Land Use Fund (15700)

DCLU

Construction Inspections (U23A0)

9,122

18,885

Construction and Land Use Fund (15700)

DCLU

Code Compliance (U2400)

1,051

0

Construction and Land Use Fund (15700)

DCLU

Planning (U2900)

1,112

0

General Subfund (00100)

Fire

Prevention (F50)

49,500

83,600

General Subfund (00100)

Police

Traffic Enforcement Program (P680)

80,142

44,300

TOTAL

 

 

211,431

210,066

* This is line of business for operating budgets, and program or project for capital improvements

Notes: 

No new appropriation is requested for Seattle Transportation, Seattle City Light, Seattle Public Utilities, or Seattle Department of Parks and Recreation.  All work in the Fifth Supplement for 2003 for these departments is to be carried out with existing appropriations.

 


Anticipated Revenue/Reimbursement: Resulting From This Legislation:

Fund Name and Number

Department

Revenue Source

2003

Revenue

2004

Revenue

Transportation Operating Subfund (10310)

Seattle Transportation

Sound Transit

170,785

331,498

 Light Fund (41000)

Seattle City Light

Sound Transit

61,012

94,263

Drainage and Wastewater Fund (44010)

SPU

Sound Transit

56,356

67,193

Construction and Land Use Fund (15700)

DCLU

Sound Transit

14,653

12,680

Construction and Land Use Fund (15700)

DCLU

Sound Transit

55,851

50,601

Construction and Land Use Fund (15700)

DCLU

Sound Transit

9,122

18,885

Construction and Land Use Fund (15700)

DCLU

Sound Transit

1,051

0

Construction and Land Use Fund (15700)

DCLU

Sound Transit

1,112

0

General Subfund (00100)

Fire

Sound Transit

44,863

79,000

General Subfund (00100)

Police

Sound Transit

80,142

44,300

Parks Operating Fund (10200)

Parks

Sound Transit

7,500

16,000

TOTAL

 

 

502,447

714,420

Notes: 

All expenses incurred pursuant to the Fifth Supplement will be reimbursed by Sound Transit, except for a portion of the expenses in the General Subfund, Police Department, for recruitment, training, and equipment for new police officers.  Twenty (20) percent of these expenses shall be reimbursed by Sound Transit based on an estimated five year project construction period, or roughly 20 percent of the total duration of a police officer’s employment with the City.  The City’s share (80 percent) of the cost of recruitment, training, and equipment will be funded out of existing unused 2003 budget authority in the Police Department.

 


Total Regular Positions Created Or Abrogated Through This Legislation, Including FTE Impact:

No changes to position authority are proposed.

 

·         Do positions sunset in the future?  (If yes, identify sunset date):

All positions created in response to Sound Transit funding will continue only while funded by Sound Transit and will be abrogated or explicitly converted to other funding sources as soon as the Sound Transit funding ceases.

Positions created under previous legislation shall continue until Sound Transit funding is no longer available, at which time positions shall either be abrogated, or explicitly converted to other funding sources.  Within departments for which positions have been created, staffing related to the Sound Transit light rail project continues to exceed the number of positions created.

 

Spending/Cash Flow: (Please complete this section only in those cases where part or all of the funds will be spent in a different year than when they were appropriated (e.g., as in the case of certain grants and capital projects.)

Fund Name and Number

Department

Budget Control Level*

2003

Expenditures

2004 Anticipated Expenditures

Transportation Operating Subfund (10310)

Seattle Transportation

Transportation Policy & Planning (18310)

170,785

331,498

 Light Fund (41000)

Seattle City Light

SCL – CIP Project #8204

61,012

94,263

Drainage and Wastewater Fund (44010)

SPU

General Expense (N000B)

56,356

67,193

Construction and Land Use Fund (15700)

DCLU

Land Use Services (U2200)

14,653

12,680

Construction and Land Use Fund (15700)

DCLU

Construction Permit Services (U2300)

55,851

50,601

Construction and Land Use Fund (15700)

DCLU

Construction Inspections (U23A0)

9,122

18,885

Construction and Land Use Fund (15700)

DCLU

Code Compliance (U2400)

1,051

0

Construction and Land Use Fund (15700)

DCLU

Planning (U2900)

1,112

0

General Subfund (00100)

Fire

Prevention (F50)

44,863

79,000

General Subfund (00100)

Police

Traffic Enforcement Program (P680)

344,308

44,300

Parks Operating Fund (10200)

Parks

Capital Projects (K3700)

7,500

16,000

TOTAL

 

 

766,613

714,420

* This is line of business for operating budgets, and program or project for capital improvements

Notes:

This chart shows expenditure estimates for September through December 2003.  For September through December 2003, work by Seattle Transportation, Seattle City Light, Seattle Public Utilities, and Seattle Department of Parks and Recreation will be carried out under existing budget authority for those departments; most other department work will be carried out under the new appropriation within each department; for Police, a portion of the work will be carried out under existing budget authority and a portion will be carried out under the new appropriation in this ordinance. 

 

·         What is the financial cost of not implementing the legislation? (Estimate the costs to the City of not implementing the legislation, including estimated costs to maintain or expand an existing facility or the cost avoidance due to replacement of an existing facility, potential conflicts with regulatory requirements, or other potential costs if the legislation is not implemented.)

Without this legislation, some or all of the financial cost associated with the legislation could be incurred by City departments without authority to seek reimbursement from Sound Transit.

 

·         What are the possible alternatives to the legislation that could achieve the same or similar objectives? (Include any potential alternatives to the proposed legislation, such as reducing fee-supported activities, identifying outside funding sources for fee-supported activities, etc.)

No reasonable alternatives have been identified.

 

·         Is the legislation subject to public hearing requirements:  (If yes, what public hearings have been held to date, and/or what plans are in place to hold a public hearing(s) in the future.)

No

 

·         Other Issues (including long-term implications of the legislation):

The City continues to seek full reimbursement for expenses incurred related to Sound Transit’s light rail project.  Continuing unreimbursed expenses for the City related to Sound Transit are limited to a single Sound Transit Program Manager position in SDOT, and management expenses within affected departments that are not recovered through indirect or overhead charges.

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