Tacoma City Council Meeting - December 9, 2014

It was a pretty packed Council chambers this week. The Mayor warned everyone at the beginning that it was going to be a long one…

CONSENT AGENDA

RESOLUTIONS

Resolution No. 39067 A resolution setting Monday, January 12, 2015, at 5:00 p.m., as the date for a hearing by the Hearing Examiner regarding Local Improvement District (LID) No. 8662 to improve Bennett Street from North 35th to North 37th Streets. [Ralph K. Rodriguez, LID Administrator; Kurtis D. Kingsolver, P.E., Director, Public Works]

Resolution No. 30077 A resolution setting Tuesday, January 6, 2015, at approximately 5:30 p.m., as the date for a public hearing by the City Council on the enforcement strategy for medical marijuana.

This resolution was a late addition to the agenda following an announcement from the City earlier in the week that it would set the hearing to "provide medical patients, marijuana operators and citizens with an opportunity to share their comments regarding the marijuana enforcement option favored by the City Council." That favored enforcement option, at this point, would suspend operations of any marijuana facility not licensed by the City and the State. Since medical marijuana operations continue to be in an even gray-er area than recreational shops, those businesses would all end up feeling the brunt of the proposed enforcement. It would be hard to come up with a perfect solution in such an imperfect situation, guaranteeing that we'll hear a fair amount at the January 6 hearing.

PROCLAMATIONS/RECOGNITIONS/PRESENTATIONS/ANNOUNCEMENTS

December 10, 2014 was proclaimed as Human Rights Day in the City of Tacoma, as a sign of the City's ongoing commitment to human rights and equality for all. A representative of the Human Rights Commission promised the group would continue its tireless pursuit of equality for all people.

PUBLIC COMMENT

Robert Hill got comment started with his thoughts on the City’s planned enforcement around medical marijuana – namely that there shouldn’t be any. He also shared his thoughts on the City’s legislative priorities for improving revenue, suggesting that the City look into supporting the idea of a fuel tax blended with sales tax and other ideas to fund local improvements.

And with that, we’re off and running…

The bulk of the public comment session related to the ordinance on animal welfare standards. Five commenters spoke, thanking the Council for taking on the issue, but asking for greater specificity in the regulations. The main requests were for the addition of a requirement that animals be provided with sufficient and appropriate food, and adequate access to veterinary care.

We heard from Michael Mirra from Tacoma Housing Authority, emphasizing the importance of his organization’s mission to both development and equity in Tacoma. Mirra specifically mentioned the need for funding for Bay Terrace phase two, and Hilltop Lofts.

And to bookend public comment we had another comment on medical marijuana, sharing with the Council all the ways that marijuana can help medical conditions.

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The Council meeting was briefly interrupted for another meeting of the Transportation Benefit District Governing Board.

City of Tacoma Transportation Benefit District Governing Board - SPECIAL MEETING

PUBLIC COMMENT

No comment.

REGULAR AGENDA

ORDINANCES

Ordinance No. TBD007 An ordinance approving the 2015-2016 Transportation Benefit District Budget and Spending Plan. [Rae Bailey, Division Manager; Kurtis D. Kingsolver, P.E., Director, Public Works]

There was another quick reading of the ordinance - apparently there was an issue with lack of proper notification of last week’s first reading. The Ordinance will get its final reading next week.

COMMENTS OF THE TRANSPORTATION BENEFIT DISTRICT GOVERNING BOARD

ADJOURNMENT

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... and now back to our regular meeting agenda.

REGULAR AGENDA

A motion was considered and adopted authorizing the City’s full and final settlement of all claims against the City in the matter of Rosemary Dowd, Ronald Dowd v. Metropolitan Development Council; City of Tacoma, Pierce County Superior Court Cause No. 14-2-05145-5, upon payment by the City in the amount of $65,000.

APPOINTMENTS

Resolution No. 39068 A resolution appointing and reappointing individuals to the Human Rights Commission and the Landmarks Preservation Commission. [Doris Sorum, City Clerk; Elizabeth Pauli, City Attorney]

The resolution was adopted with minimal Council comment.

RESOLUTIONS

Resolution No. 39069 A resolution declaring surplus and approving the sale of approximately 867 square feet of land owned by the Department of Public Utilities and located near the intersection of Bridgeport Way and 21st Street West in University Place, to the City of University Place in the amount of $11,900. [Gloria Fletcher, Senior Real Estate Officer; Ted Coates, Power Superintendent]

TPU doesn’t have a foreseeable need for the small strip of property, but will retain easement rights for the overhead power lines. The sale price for the property was reached using a third party assessment, and taking into account additional landscaping.

Resolution No. 39070 A resolution authorizing the execution of an amendment to the five-year lease agreement with Western Washington Railroad, LLC, to add 15 miles of railroad right-of-way, located between Maytown and Yelm in Thurston County, through January 17, 2019. [Dylan Harrison, Real Estate Officer; Kurtis D. Kingsolver, P.E., Director, Public Works]

The resolution authorizes an amendment to the current five-year lease, adding an additional 15 miles, in exchange for which WWR will pay the original lease rate, and take over maintenance of the added miles of railroad right-of-way.

Resolution No. 39071 A resolution authorizing the execution of a contract with Gordon Thomas Honeywell Governmental Affairs, LLC, in the amount of $170,000, budgeted from the General Fund, for legislative lobbying services for 2015 and 2016. [Randall Lewis, Government Relations Officer; T.C. Broadnax, City Manager]

The contract would pay GTH a fixed price for lobbying services in Olympia over the next two years – a 2% increase over the current rate.

Resolution No. 39072 A resolution authorizing the execution of a contract with Simon and Company Incorporated, in the amount of $160,701, budgeted from the General Fund, for legislative lobbying services for 2015 and 2016. [Randall Lewis, Government Relations Officer; T.C. Broadnax, City Manager]

The contract would pay Simon a fixed rate as well over the next two years for lobbying services in D.C., also with a 2% increase over the current rate. As a sidebar, Simon also represents several City of Tacoma partners in D.C., including Metro Parks and Tacoma Housing Authority.

Resolution No. 39073 A resolution adopting the priority issues for the 2015 sessions of the United States Congress and Washington State Legislature. [Randall Lewis, Government Relations Officer; T.C. Broadnax, City Manager]

The 2015 legislative agenda as adopted includes a few changes from the earlier draft. The final document adds language in support of those THA projects mentioned earlier, and the addition of a note in the fiscal section stating City of Tacoma support for a statewide mandatory paid sick leave policy to level the playing field.

In reference to this second change, Mayor Strickland and Councilmember Mello both thanked Councilmember Boe for adding it, emphasizing the importance of providing the benefit of sick leave to employees, while offering businesses a level playing field across the state. Both also said that although they ultimately hope to see the state adopt such a policy, that won’t stop Tacoma from taking the step on its own.

Councilmember Mello called out a few items he was looking forward to advocating for in Olympia, including additional funding for Tacoma’s streets and sidewalks, working with partners to fund light rail into and within Tacoma, and additional funding for THA, as well as statewide paid sick leave. In reference to discussions around medical marijuana, Mayor Strickland added a clarification that the City wasn’t calling into question the validity of marijuana as a treatment for various medical conditions, but that the City needs to address the “bad actors” out there who are causing problems by not operating appropriately.

Resolution No. 39074 A resolution designating the Fair and Equitable Collection of Business License Fees and Taxes Project as a special project of limited duration; and designating general salary classifications and benefits for persons employed on the project.[Lisa Wojtanowicz, Community Services Division Manager; Nadia Chandler Hardy, Director, Neighborhood and Community Services]

The City estimates that over 5,000 businesses are operating without a license, in addition to 2,000 businesses that are delinquent on fees and taxes owed to the City. In order to ensure these unlicensed and delinquent businesses pay their fair share of taxes, like their rule-following counterparts, the City will hire four new staff members to provide outreach and resources, including to businesses operating with non-traditional business hours. The City estimates that this program will generate more than $400,000 in net revenue through the collection of additional taxes and fees over the next two years.

Resolution No. 39075 A resolution approving the General Government Fee Schedule for special and miscellaneous services to include charges to the public for various departmental services. [Tadd Wille, Budget Officer; Andy Cherullo, Director, Finance]

The City’s miscellaneous schedule fee was last updated in June 2013. The updates for the upcoming biennium are generally small changes, adjusting for cost recovery. Fees for preparation of deeds and easements and release of processing permits are increased in this change, as are fees for use of the Tacoma Police Department firing range. Adjustments are also made to civil interview and civil testimony fees for instances when officers are needed to provide testimony. 

Resolution No. 39076 A resolution relating to the provisions of public defense standards; adopting Indigent Defense Services for the City of Tacoma. [Elizabeth Pauli, City Attorney]

Several years ago Tacoma adopted County standards for meeting the State requirement that all jurisdictions adopt indigent defense standards in their courts. Recent changes by the State Supreme Court led to a need to audit Tacoma’s practices. That audit produced a recommendation that the City adopt its own standards to comply with the latest State level requirements. 

FINAL READING OF ORDINANCES

Ordinance No. 28261 An ordinance amending Chapter 12.08 of the Municipal Code, relating to Wastewater and Surface Water Management - Regulation and Rates, to adjust rates and charges for services for 2015 and 2016.[Daniel C. Thompson, Division Manager; Michael P. Slevin III, P.E., Director, Environmental Services]

This ordinance and the next five were unanimously adopted without Council comment.

Ordinance No. 28262 An ordinance amending Chapter 12.09 of the Municipal Code, relating to Solid Waste, Recycling, and Hazardous Waste, to adjust rates and charges for services for 2015 and 2016; granting certain customer requests for changes in Solid Waste services; and authorizing Call-2-Haul services for commercial customers. [Gary H. Kato, Division Manager; Michael P. Slevin III, P.E., Director, Environmental Services]

Ordinance No. 28263 An ordinance amending Chapter 1.12 of the Municipal Code, relating to the Compensation Plan, to implement rates of pay and compensation for represented and non-represented classifications, and changes in classifications to reflect the organizational structure. [Joy St. Germain, Director, Human Resources]

Ordinance No. 28264 An ordinance amending the Biennial Budget for fiscal years 2013-2014, to appropriate funds for contract obligations, transfers, and other budget adjustments; authorizing interfund transfers and contributions; and accepting, depositing, and appropriating miscellaneous donations, contributions, and fees. [Tadd Wille, Budget Officer; Andy Cherullo, Director, Finance]

Ordinance No. 28265 An ordinance amending Chapter 6B.50 of the Municipal Code, relating to Ambulances, authorizing charges for non-transport-related emergency medical advanced life support services; and establishing the 2015 base rate for said services. [Michael Newhouse, Medical Services Officer; James P. Duggan, Fire Chief]

Ordinance No. 28266 An ordinance amending Chapter 3.09 of the Municipal Code, relating to Fire Code Permits and Fees, providing for fees related to code enforcement inspections of buildings of various industrial, commercial, and multi-family uses, effective June 1, 2015. [Patrick K. McElligott, Assistant Chief; James P. Duggan, Fire Chief]

Ordinance No. 28267 An ordinance reallocating and applying unspent bond proceeds remaining in accounts from the City’s 2009 Bonds and the 2010 Bonds, in the cumulative amount of $3 million, to finance capital costs of the Lincoln Streetscape Improvement Project. [Teresa Sedmak, City Treasurer; Andy Cherullo, Director, Finance]

Mayor Strickland commented that she was glad they were able to find funds to allocate to improvements for the Lincoln District.

Ordinance No. 28268 An ordinance amending Chapter 6A.10 of the Municipal Code, relating to General Tax Provisions, and Chapter 6A.30, relating to Business and Occupation Tax, to exempt businesses with an annual gross income of less than $250,000 from the requirement to file a City Business and Occupation tax return. [Danielle Larson, Division Manager; Andy Cherullo, Director, Finance]

Councilmember Boe commented that he's glad that the Council is finding ways to be true to its stated commitment to support for small businesses and the entrepreneurial spirit in Tacoma.

Ordinance No. 28269 An ordinance amending the Capital Facilities Element of the Comprehensive Plan, and adopting the 2015-2020 Capital Facilities Program. [Tadd Wille, Budget Officer; Andy Cherullo, Director, Finance]

The ordinance was adopted without Council comment.

Ordinance No. 28270 An ordinance adopting the 2015-2016 Biennial Budget of the City of Tacoma; and authorizing the use of Council Contingency Funds. [Tadd Wille, Budget Officer; Andy Cherullo, Director, Finance]

As they passed the final draft of the City budget for the next biennium, there was a lot of Council thanks for City staff and departments in general, and budget staff and the City Manager in particular. Councilmember Thoms commented that while he knows it’s hard to turn a ship on a dime, he’s glad the City is making inroads into the budget situation, and looks forward to improving even more in the future, investing more in core services like roads and public safety. Councilmember Boe also noted that there’s a long ways to go, but credited early public process around the budget process for making the later phases run more smoothly.

Mayor Strickland concluded comments by thanking City Manager Broadnax for his work, and pointing to his background in finance as a key element in the City’s improving budget situation.

FIRST READING OF ORDINANCES

Ordinance No. 28271 An ordinance amending Title 17 of the Municipal Code, entitled “Animal Control”, by amending various chapters, to clarify the definition of animal shelter, include provisions on adequate care of animals, and eliminate a $100 appeal fee. [Charles Taylor, Captain; Donald Ramsdell, Chief of Police]

The issue of providing adequate care and shelter for animals in Tacoma came from a passionate group of citizens, several of whom spoke during public comment. The City worked with the citizens over recent months to develop the language included in the ordinance, which includes requirements for “adequate care,” a clarified definition of “shelter,” and the elimination of the $100 appeal fee.

While some of the citizens who initially raised the issue don’t feel the regulations go far enough, staff in charge of enforcement feel the changes give them the tools they need to ensure proper care for animals, without making the rules too prescriptive.

Ordinance No. 28272 An ordinance amending Chapters 1.23, 2.01, 8.23, 8.30, and 8.122 of the Municipal Code to align all appeal rights under the jurisdiction of the Hearing Examiner relating to public nuisance vehicles, public nuisances, noise enforcement, and the Minimum Building and Structures Code.[Lisa Wojtanowicz, Community Services Division Manager; Nadia Chandler Hardy, Director, Neighborhood and Community Services]

The ordinance would amend the code to align appeal rights under the jurisdiction of the Hearing Examiner for consistent standards across the various categories of appeals.

Ordinance No. 28273 An ordinance amending Chapter 1.12 of the Municipal Code, relating to the Compensation Plan, to provide for time periods for employee enrollment in benefit plans to meet the requirements of the Affordable Care Act. [Kari Louie, Benefits Manager; Joy St. Germain, Director, Human Resources]

The ordinance would amend the compensation plan to adjust the waiting period for temporary employees for consistency with the Affordable Care Act, and includes eligibility language for full time employees.

Ordinance No. 28274 An ordinance amending Chapter 1.07 of the Municipal Code, relating to the Small Business Enterprise (SBE) Program, to add a new definition, update the certification process, and extend said Program through December 31, 2019. [Charles Wilson, Lead Program Development Coordinator; Ricardo Noguera, Director, Community and Economic Development]

The ordinance would amend make a few changes to improve flexibility, consistency, and processes of the City’s program to improve equality of opportunity for traditionally underrepresented businesses. The amendments would add a new definition of affidavit of SBE certification, would increase the personal net worth ceiling and total gross receipt ceiling, and replace the affidavit reference with a new more comprehensive affidavit, among other changes, and extend the program through 2019.

Mayor Strickland described the program as very consistent with the City’s Equity and Empowerment initiative.

CITIZENS’ FORUM

We knew this was going to be a busy week for Citizens' Forum, and the citizens did not disappoint. Robert Hill and our other regular CF commenter got things started as you might expect, although fortunately they didn't set the tone for the entire session. Hill returned to enforcement around medical marijuana, and also requested that the City consider revisiting, and preferably terminating its partnership with Fife for jail services. Hill shared his personal experiences to back up this request. The other commenter... well, he made about as much sense as he ever does. If you're into conspiracy theories, give Citizens' Forum a listen sometime...

With that out of the way, the rest of the comment was focused on an assortment of timely issues. Nearly a dozen commenters spoke on the paid sick leave issue. We heard again from workers and advocates about the importance of paid sick leave without retaliation for working individuals and families. Several of these commenters asked the Council to consider more than three days as a minimum. One commenter said that while didn't wish to minimize the cost of each day to business owners, he also wished to point out the value of each day to the employee, pointing out that there are times when three days doesn't cut it, but that in cities that have passed similar rules, average use tends to fall below higher caps, suggesting people take only what they need. A couple of commenters also pointed to potential issues in the accrual system that doesn't require employers to roll hours over to the next year, leaving employees at square one in January.

We also heard more on the paid sick leave issue this week from the business community than we have in the past. Several voiced concerns about the impact of the requirement on their ability to stay in business, and on the impact on Tacoma's overall attractiveness to businesses. We also heard from business owners who already provide sick leave to their employees, but who have concerns about the legislation. One employer said he already provides sick leave, but was concerned about enforcement overburdening employers. Another said that she supports the ordinance as written, but has concerns about complicating it with gradual or delayed implementation, or varied requirements based on business size, pointing out that her employee numbers fluctuate widely throughout the year.

Another big topic this week was enforcement around medical marijuana. Eight individuals commented on the topic, all asking the City to not take enforcement steps that could lead to the closure of medical marijuana collectives and dispensaries that have been operating in good faith. We heard from business owners explaining the services they provide to their clients, and asking the City not to take steps against well-run businesses because of a few bad ones. We also heard from clients, explaining that they get services and products from their medical providers that they can't or don't want to get from recreational businesses. One commenter reminded the Council that legalization for medical marijuana predates recreational legalization, and asked that they take a nuanced approach, and attempt to craft model legislation that can regulate the industry without closing it down.

A surprise topic this week was the sale of a piece of City-owned property at North 48th and Baltimore Street near a VFW and a senior center. The small piece of property has been used as a parking lot for the facilities since they paved in in the early 80s. Neighbors and members of the VFW spoke about the importance of the parking lot to the older individuals using the VFW and the senior center, saying that if it was taken away, they would be forced to park on the surrounding residential streets.

And last, but not least, we heard another voice from the bicycling community. A bike commuter working in downtown Tacoma thanked the Council for its investments in bike infrastructure and supporting cycling culture in Tacoma, but asked that they go further to make roads safer for more timid would-be bike commuters.

REPORTS BY THE CITY MANAGER

City Manager Broadnax reported that regarding the parking lot on Baltimore Street, staff had looked at selling the property as part of the City’s efforts to divest itself of surplus properties, but that following strong reactions from the community, further conversation was necessary. He said that the City is looking into stepping back on the transition of the property into private hands in light of its benefit to the community.

Broadnax thanked the Council for all the nice things they said about the budget process, and said nice things back to them, and to staff who worked hard on the process, and the citizens who brought their ideas and concerns to the process.

COMMENTS AND COMMITTEE REPORTS OF THE CITY COUNCIL

Councilmember Ibsen addressed the issue of the proposed sale of the small parking lot on Baltimore Street next to the VFW. Ibsen said that although the City generally supports infill development over surface parking, the proximity to the two facilities mentioned, and the value to the community of the use as a parking lot changes the equation a little. A meeting to revisit the sale of the property will be held next Wednesday at 6 p.m. at 733 Market Street. At that meeting interested parties can join the discussion over the best use of the land.

Ibsen also thanked all the citizens who have gotten involved in the public process around the paid sick leave issue.

Councilmember Campbell reminded us all to remember to please support our local businesses as we're out and about on holiday shopping errands this season.

ADJOURNMENT

For more on the items on the agenda see our City Business Preview for the week.

Wow, that was a long and action-packed meeting.