Tacoma City Council Meeting for September 28, 2010

CONSENT AGENDA

RESOLUTIONS
Resolution No. 38111 Authorizing the execution of an interlocal agreement with Pierce County, in the amount of $340,000; accepting and depositing said sum into the Community and Economic Development Special Revenue Fund, to promote, market, and incentivize a variety of transportation-demand management programs.

Resolution No. 38112 Authorizing the execution of an interlocal agreement with Sound Transit to provide for reimbursement of costs for railroad track inspections and maintenance from Sound Transit to Tacoma Rail regarding the M Street to Lakewood rail corridor; and granting authority to the Director of Utilities to approve term extensions and contract renewals.

Resolution No. 38113 Authorizing the execution of an interagency agreement with the Washington State Department of Natural Resources, in the amount of $20,000; accepting and depositing said sum into the Streets Special Revenue Fund, for Tacoma Business District Tree Management.

FIRST READING OF ORDINANCES
Ordinance No. 27924 Vacating portions of Broadway, South 7th Street, and Commerce Street, abutting the Elks Temple, for the purpose of curing building encroachments. (Elks Temple Properties LLC; File No. 124.1324)

PROCLAMATIONS, RECOGNITIONS, PRESENTATIONS, AND ANNOUNCEMENTS

The Director and Executive Director of the American Heart Association of South Puget Sound spoke regarding the upcoming Heart Walk (Saturday, October 2nd). City of Tacoma employees walking team was recognized as the largest participating in this year’s walk. Mayor Strickland then gave remarks regarding heart health and the benefits of walking. September 26th through October 2nd was declared Start! Heart Walk Week in the City of Tacoma.

The Director of Media Relations for the Tacoma Rainiers came forward to comment on the attendance records set at Cheney Stadium this season, the Stadium’s history and its future. Mayor Strickland followed up with a recounting of the Tacoma Rainier’s excellent 2010 season, and congratulated the team on their Pacific Coast League Championship. Council members Manthou, Campbell and Boe expressed their congratulations as well.

The Director of Tacoma 360 and former council member Connie Ladenburg gave a special announcement with video accompaniment about Tacoma’s achievement of reaching the America’s Promise Alliance 100 Best Communities for Young People.

REGULAR AGENDA
APPOINTMENTS
Resolution No. 38114 Appointing Council Member Woodards to serve as the alternate for the Police Disability and Pension Fund Board, and Council Member Lonergan to serve as the alternate for the Firemen’s Pension Fund Board of Trustees.

RESOLUTIONS
Resolution No. 38110 Authorizing the execution of a Letter of Agreement with the International Federation of Professional and Technical Engineers, Local 17, which covers approximately 296 budgeted, full-time positions, to provide for an increase in wages to reflect the 70th percentile of the market; compensation amendments for two classifications based on additional market data; and corrections to three classifications.

This resolution, carried over from the previous Council meeting, was adopted after opportunity for public comment.

Purchase Resolution No. 38115 Awarding contracts to:

1. American Medical Response (AMR) Ambulance Services, Inc., on its score of 885.6, to provide private ambulance emergency response and transport services
   within the Tacoma Fire Department service area – Specification No. FD10-0508F;
   [The City has put out a Request for Proposals for Ambulance Services. The Fire Department is recommending the proposal by American Ambulance Services be accepted. At this point in the meeting, a quasi-judicial hearing was held allowing responding proposers (Rural Metro Ambulance) in protest of the recommendations of the Fire Department and Contracts and Agreements Board to present their rebuttals. Rural Metro’s representation contended that AMR Ambulance Services submitted an illegal payment in the form of dispatch cost offsets and is less qualified. AMR’s management was given time to respond, and explained the precedent for the dispatch payments at issue. The Assistant Fire Chief explained at length the rationale for determining dispatch costs and the intended points of comparison between proposing vendors. During questioning by the Council, it was remarked that perhaps the definition of and calculation of “dispatch services” requires clarification or careful consultation with proper authorities.]

   At this point in the meeting, things got VERY interesting, since Lane Price’s father abruptly appeared in NYC, and bashed Lane on the head with his cane! With fearsome dignity, he demanded that his son return to London and reconcile his marriage. Oh. Wait. Wait. That was the recorded episode of Mad Men. Sorry. Yes, this is where my DVR malfunctioned, and my reporting on the council was postponed until a later re-airing. My apologies for the delay and technical difficulties. My DVR was simply not prepared for a 4-hour council meeting.

   2. EPI-USE America, Inc., on its bid of $306,691, plus sales tax, budgeted from
   

the Information Systems Fund, for a Project Manager for the SAP Technical
Migration – Specification No. IT10-0518F; and
3. Piper Jaffray, in the amount of $385,000, sales tax not applicable, budgeted
from various departmental funds, for bond underwriting services in connection
with the proposed issuance of six series of 2010 Bonds – Direct negotiation.

Resolution No. 38116 Authorizing the execution of a 25-year lease agreement with the Dugan Foundation to construct, maintain, and operate companion animal spay/neuter-related facilities on City-owned property located adjacent to the Tacoma Landfill, with an option to renew for additional ten-year periods.

Resolution No. 38117 Adopting the amended City of Tacoma Legislative Policy Manual for the 2011-2012 sessions of the Washington Legislature and United States Congress.

Resolution No. 38118 Referendum 52 on the November 2, 2010, General Election ballot, which reads as follows:
REFERENDUM 52
The legislature has passed Engrossed House Bill No. 2561, concerning authorizing and funding bonds for energy efficiency projects in schools. This bill would authorize bonds to finance construction and repair projects increasing energy efficiency in public schools and higher education buildings, and continue the sales tax on bottled water otherwise expiring in 2013.

PUBLIC COMMENT
Resolution 38116
Brian Bruener spoke on behalf of WAMAL (Washington Malamute Assistance League) in favor of the resolution, citing need for spay/neuter clinics and pet adoption.

Kathleen Olson, Executive Director of Humane Society for Tacoma and Pierce County, highlighted the success of the existing services available to pet owners and displaced animals in Tacoma.

The executive director of Coalition Humane, spoke about the the spay/neuter services available through Coalition Humane and the need to support them.

A representative of Cascade of Animal Protection Society spoke on the importance of spay/neuter projects, in support of the Dugan Foundation.

A representative of Washington German Shepherd Dog Rescue spoke about resources available to pet owners to reduce euthanization.

Brian Nelson of Kindred Souls Foundation emphasized the great demand and need for low- or no-cost animal spay/neuter services.

Paul Akiyama, John Richards of Rushforth Construction, Ben Ferguson of BLRB Architects and Ellen Dorfman (who represents many rescue efforts) spoke in support of the resolution.

Other Public Comment
Robert Hill spoke regarding Resolutions 38110 and 38118. His comments were addressed to Deputy Mayor Fey, since Mayor Strickland is (apparently) Persona Non Grata. Mr. Hill began by exressing the opinion that proposed Ordinance No. 27923 should be put on hold. Mr. Hill also spoke regarding Resolution No. 38117, which includes provisions regarding medical marijuana. Hill contended that the correct terminology would be “medical cannabis”, since “marijuana” can be interpreted as a derisive colloquial term. He also stated that the provisions regarding sustainability do not adequately address use of solar energy. Mr. Hill expressed criticism of Resolution No. 38118 language regarding creation of jobs, also speaking critically of the proposed bottled water tax and lack of reference to alternative energy sources. He ended by noting that in the Council Agenda, a Flag Salute is not necessarily the same as the routinely Pledge of Allegiance.

George Pilant spoke on behalf of Tacoma-Pierce County Association of Realtors regarding Ordinance 27934, thanking council for side sewer inspection process adjustments.

One man spoke regarding Resolution 38117, against extending SR 167 due to pollution, and in favor of clean energy and fuel efficiency.

One woman spoke regarding Resolution 38117, in support of the liquor control board’s current structure and measures addressing disposal of hazardous medical materials. She echoed Mr. Hill’s opinion regarding medical marijuana terminology “cannabis”, as opposed to the street drug name “marijuana”.

COUNCIL COMMENTS
Resolution No. 38116
Council member Boe inquired to clarify that sustainability is not a requirement of the facility. Council member Mello inquired regarding duplication of services. Mayor Strickland spoke in support of the resolution.
The policy statements as adopted read as follows:

Re: Washington State History Museum

The Washington State Historical Society’s Washington State History Museum at Union Station is the crown jewel of State-owned cultural facilities and represents a major element in redevelopment of both downtown Tacoma and Foss Waterway.

The City was a major partner in development of the Museum.

The Museum location adjacent to the University of Washington Tacoma and Thea Foss Waterway provides several natural opportunities to enhance its ability to tell the story of Washington’s dramatic history. In consultation with the City and other stakeholders, the City supports the Society’s efforts to further develop this site and the removal of barriers to greater public access.

Re: Medical cannabis

In 1998 Washington voters adopted Initiative 692 which permitted doctors to authorize limited amounts of cannabis as a treatment for persons suffering from certain terminal or debilitating conditions. Current regulations covering the conditions that must be met for eligibility of a patient and the amount of the drug a patient is allowed over a specific period of time, and how the patient can safely and legally acquire the medical cannabis are vague and confusing for patients, providers and law enforcement.

The City believes the goal of the law is to protect a qualifying patient’s safe and legal access to the product. The City supports this specific goal and believes patients and the community at-large will best be served if the State refines its current policy and has Federal support for it.

Resolution No. 38117
Council member Woodards expressed the need to clarify language regarding barriers to public access of the History Museum.
Council member Campbell spoke in agreement with Mr. Hill regarding the terminology of medical cannabis as opposed to marijuana, and was echoed by council member Boe.
Council member Mello Addressed concerns regarding SR 167 expansion, stating that since this expansion creates jobs and improves efficiency of the Port and the trucks that make it function, the quality of the air is improved.

Resolution No. 38118
Council members Lonergan, Manthou and Boe spoke critically regarding the bottled water tax proposed in the subject proposed legislation.
Council member Campell expressed concern regarding the funding mechanism of the proposed legislation.
Council member Mello spoke about the importance of local level debate on statewide issues such as those addressed in the proposed legislation.
Council member Walker spoke in support of the resolution, citing public reliance upon local leaders to provide leadership on issues.
Mayor Strickland spoke in support of the resolution, citing the importance of the education environment and the need for local engagement on statewide issues.
Council member Woodards spoke in support as well, due to education environment improvements addressed in the proposed legislation.

FINAL READING OF ORDINANCES

Ordinance No. 27641 Vacating a portion of property located at 5817 Upland Terrace NE, to combine the vacated area with the abutting property to expand the existing home and landscaping. (Ken and Renee Logan; File No. 124.1274)

Ordinance No. 27925 Approving and confirming the Assessment Roll for LID No. 3965 for the construction of a sanitary sewer main extension in South Visscher Street from South 19th Street north approximately 350 feet.

Ordinance No. 27926 Approving and confirming the Assessment Roll for LID No. 6978 consisting of four segments, to install ornamental street lights on:

1. South 5th Street, from Cushman Avenue to Ainsworth Avenue;
   

2. North 33rd Street, from Union Avenue to Proctor Street;
   

3. North L Street, from 6th Street to Steele Street; and
   

4. South 30th Street, from C Street to Tacoma Avenue South.

   Ordinance No. 27927 Approving and confirming the Assessment Roll for LID No. 8639 for the placement of permanent pavement on the alley between North Cheyenne and North Gove Streets from North 42nd to North 23rd Streets, and on the alley between North Bennett Street and North Shirley Street from North 21st to
   

North 23rd Streets.

Ordinance No. 27928 Approving and confirming the Assessment Roll for LID No. 8641 for the placement of permanent pavement with necessary storm drainage on
South Visscher Street from South 18th to South 19th Streets.

Ordinance No. 27929 Approving and confirming the Assessment Roll for LID No. 8646 for the placement of permanent pavement on Puget Sound Avenue from South 40th to South 43rd Streets, and on South 43rd Street from Warner Street to Puget Sound Avenue.

Ordinance No. 27930 Approving and confirming the Assessment Roll for LID No. 8647 for the placement of permanent pavement on the alley between Warner Street and Puget Sound Avenue from South 40th to South 43rd Streets.

Ordinance No. 27934 Amending Chapter 12.08 of the Municipal Code, relating to wastewater and surface water management, to change the effective date of the Side Sewer Inspection Program requirements from October 1, 2010 to December 1, 2010; and declaring an emergency making necessary the immediate passage of this ordinance and its taking effect immediately upon publication.

All ordinances passed.

FIRST READING OF ORDINANCES

Ordinance No. 27923 Amending Chapter 1.12 of the Municipal Code, relating to the Compensation Plan, to implement rates of pay and compensation for employees represented by the International Federation of Professional and Technical Engineers, Local 17, which covers approximately 296 budgeted, full-time positions.

Ordinance No. 27931 Amending Chapter 1.30 of the Municipal Code, relating to Retirement and Pensions, to eliminate any future option for additional voluntary contributions to the retirement plan; and clarify retirement plan compliance with Internal Revenue Service requirements.

Ordinance No. 27932 Amending Chapter 1.30 of the Municipal Code, relating to Retirement and Pensions, to increase the total contributions of the employer and employee by 1 percent, effective the first pay period of January 2011, and increase the total contribution of the employer and employee by 1 percent, effective the first pay period in January 2012.

Ordinance No. 27933 Amending Chapter 11.05 of the Municipal Code, relating to the Model Traffic Ordinance, to permit the City to recover emergency response costs incurred in responding to intoxicated vehicle operators.

UNFINISHED BUSINESS
None

REPORTS BY THE CITY MANAGER
Mr. Anderson thanked 3rd and 4th quarter assistants.

COMMENTS AND COMMITTEE REPORTS OF THE CITY COUNCIL
Council member Manthou gave the Economic and Development Committee report.

Council member Boe talked about Green Tacoma, Walk Tacoma, Heart Walk, Solar Day, Stadium District Art and Wine Walk, and Go Local Harvest events.

Council member Lonergan invited the public to the Community-Based Services kick-off meeting for the West Mall Area, held last Thursday.

Council member Manthou spoke about his trip with Mayor Strickland to the Alaska State Chamber of Commerce Conference and Trade Show, in which the City of Tacoma and the Port of Tacoma co-sponsored a session.