Tacoma City Council Meeting - Dec. 8th, 2009

Tonight’s City Council meeting started late due to the memorial service at the Tacoma Dome. It was a long agenda and relatively few items caused much comment. BUT, the comments regarding the Lemay Museum did get quite interesting. Here are our notes:

C O N S E N T A G E N D A

Resolution No. 37943 authorizes the execution of an amendment to the Interlocal Agreement with Pierce County for the creation and operation of the Law Enforcement Support Agency, to change the composition of the Executive Board, provide for the creation of a Joint Operating Board and a Fire and Rescue Standing Committee, and establish a minimum liability insurance requirement.

PROCLAMATIONS, RECOGNITIONS, PRESENTATIONS, AND ANNOUNCEMENTS

The Mayor proclaimed December 10th, 2009 as Human Rights Day in our City on the occasion of he 61st anniversary of the Universal Declaration of Human Rights.

R E G U L A R A G E N D A

APPOINTMENTS
Resolution No. 37944 appoints and reappoints individuals to serve on the Landmarks Preservation Commission and the Planning Commission.

RESOLUTIONS
Resolution No. 37942 adopting the 2009 Affordable Housing Policy Framework and Action Plan has been continued to a date to be determined.

Resolution No. 37945 authorizes the execution and delivery of five bond purchase contracts for various series of Limited Tax General Obligation Bonds, approving the form of the official statement, and fixing the terms of the bonds to rehabilitate Cheney Stadium, acquire land, and construct and improve other capital projects. The bond sale of $48 million occurred today and “went well.” Per the discussion at the dais, this does not result in any new taxes.

Resolution No. 37946 authorizes the execution of Amendment No. 256 to the Tacoma Community Redevelopment Authority (TCRA) Agreement, authorizing TCRA to administer $190,000 of Lead Hazard Control Grant funds to provide lead hazard control to approximately 15 eligible units.

Resolution No. 37947 adopts the “City of Tacoma 2010 State Legislative Priorities,” the “City of Tacoma 2010 Federal Policy Priorities,” and necessary amendments to the Legislative Policy Manual.

Resolution No. 37948 authorizes the execution of the third amendment to both the Harold E. LeMay Museum Option Agreement and Development Agreement. There were several changes. The access corridor is reduced from 30 feet to 22 feet. Lemay is given control of 124 parking stalls and can collect fees from those. Building permit fees will be capped at $120. The Lemay museum will collect parking revenues from dome events that use its parking stalls. All that said, an email sent by David Madera of the Lemay museum to City Staff seems to have caught several councilmembers off guard. In an email that apparently contains at one point, “My email is to staff and I preferred that you leave it there,” Madera’s comments shift toward a threat …

“I will sign the agreement as proposed if the modifications are made. I cannot and will not sign it otherwise. And I will advise my board, the City council, and the public that after having reached agreement with the City Manager and having signed principles with him, the City Staff and Manager are insisting on new terms that is in direct opposition to what we agreed. Having fully discussed our needs and purposes … I hope that these revisions will be made in what is presented to City Council tonight. If not, we have no deal and I will advise that we quit our efforts with the City and pursue other alternatives. I’m tired of being blocked by new terms every time I think we have an agreement.”

The City Manager and staff could not identify any new terms and called Madera’s email “a negotiating technique.”

Councilmember Talbert, who first brought this email to everyone’s attention, called the email offensive. Councilmember Lonergan stated that “this is not professional,” that “the City Manager is being berated for doing his job” and that the City has bent over backwards to accomodate all of Lemay’s requests. Tonight’s resolution is the third amendment to the development agreement brought to the City by Lemay.

Councilmember Fey noted that the one member of the Lemay board that attended tonight’s meeting left prior to the consideration.

In the end, the resolution passed unanimously. We’ll see how friendly everybody is the next time …

FINAL READING OF ORDINANCES
Ordinance No. 27853 amends Chapter 6B.70 of the Municipal Code, relating to entertainment and dancing establishments where alcohol is served, to require such establishments to provide reports to the Fire Marshal and Police Chief prior to license approval, and that all security personnel working at such establishments receive approved training; and to set standards for approval and denial of such licenses.

Amended Ordinance No. 27855 amends the Biennial Budget for the fiscal years 2009-2010 to appropriate funds for 2009-2010 contract obligations, transfers, and other budget adjustments; authorizing interfund transfers and contributions; authorizing the acceptance, deposit, and appropriation of miscellaneous donations, contributions, and/or fees; and declaring an emergency making necessary the passage of this ordinance and its taking effect immediately upon publication.

Ordinance No. 27856 amends Chapter 6A.90 of the Municipal Code, relating to natural or manufactured gas tax, to clarify the application of natural gas utility tax to every person engaged in or carrying on the business of transmitting, distributing, brokering, or selling natural or manufactured gas within the City of Tacoma.

Ordinance No. 27857 amends Chapter 12.08 of the Municipal Code, relating to wastewater and surface water management, to implement a private property inflow and infiltration removal program.

Ordinance No. 27858 amends Chapter 1.12 of the Municipal Code, relating to the Compensation Plan, to implement the 2010 provisions of various collective bargaining agreements and a letter of agreement negotiated with the International Brotherhood of Electrical Workers Local 483, Clerical Unit.

FIRST READING OF ORDINANCES
Ordinance No. 27859 extending the final due date for the Limited Tax General Obligation Line of Credit Note, 2005 Pantages Theater, in the principal amount of $2,500,000, from December 26, 2009 to December 26, 2011.

Ordinance No. 27860 authorizing the execution of a Water Wheeling Agreement between Tacoma Water, Rainier View Water Company Inc., and Lakewood Water District, to deliver up to two million gallons of water per day from the Lakewood Water system to the Rainier View system.

Ordinance No. 27861 amending Chapter 6A.20 of the Municipal Code, relating to the admission tax, to clarify the application of the admission tax to include in the definition of “admission charge” any surcharges, services charges, and mailing fees. Removed from the agenda by the request of staff.

Ordinance No. 27862 amending Chapter 6A.30 of the Municipal Code, relating to the business and occupation tax, to change the requirements for paying back the tax credit received for prior periods due to a recognized general recession or a declared natural disaster. This credit has been in effect since 1999. It allows companies to receive a credit for jobs its creates for up to 5 years. Tonight’s ordinance would remove the claw back provision given certain well defined circumstances. The Mayor is disappointed that the Council hasn’t received any thank you letters for taking this action.

Ordinance No. 27863 amending Chapter 6B.220 of the Municipal Code, relating to taxicab regulations, to require taxicab drivers to submit a medical certification, attend a training program, and pass a written exam prior to license approval; and setting penalties for classes of violations and standards for the denial of taxicab licenses.

Ordinance No. 27864 amending the Capital Facilities Element of the Comprehensive Plan, and adopting the 2010-2015 Capital Facilities Program.

Ordinance No. 27865 adopting the Six-Year Comprehensive Transportation Program for amended year 2009 and 2010-2015.

Ordinance No. 27866 accepting a federal American Recovery and Reinvestment Act of 2009 Department of Energy, Energy Efficiency and Conservation Block Grant, in the amount of $1,947,300; creating a new special fund to be known and designated as the CMO Special Revenue Fund; depositing in and appropriating said sum from the newly created fund to implement the 2008 Climate Action Plan.

Ordinance No. 27867 amending Title 10 of the Municipal Code, entitled “Public Works,” by repealing Chapter 10.26 in its entirety, and amending Title 1 of the Municipal Code, entitled “Administration and Personnel,” by creating a new Chapter 1.07 to be known as “Historically Underutilized Businesses.”

Ordinance No. 27868 amending Chapter 10.27 of the Municipal Code, relating to small public works contracts, by repealing and reenacting Sections 10.27.030, 10.27.040, and 10.27.080, and directing the City Manager to review the implementation of said chapter on a continuing basis and to report on the impact of this program on a quarterly basis.

PUBLIC HEARINGS AND APPEALS
This is the date set for a public hearing by the City Council to consider the recommendations of the Planning Commission regarding Highlands Twenty LLC’s open space current use assessment application for the Highlands Golf Course to be classified as open space for property tax purposes. The only person to come forward during the hearing was one of property’s owners.