Tacoma City Council Meeting - March 26, 2013

CONSENT AGENDA

FINAL READING OF ORDINANCES

Ordinance No. 28143 (First and Final Reading) Establishing Consolidated Local Improvement District No. 65; providing for the issuance and sale of the Consolidated Local Improvement District No. 65 Bonds, in the amount of $30,999,358.40; and creating a new fund to be known as the Consolidated Local Improvement Fund, District No. 65, for six individual Local Improvement Districts associated with the Point Ruston project. [Jerry Trujillo, Treasury Manager; Andrew Cherullo, Director, Finance]

PROCLAMATIONS, RECOGNITIONS, PRESENTATIONS, AND ANNOUNCEMENTS

The Council recognized the recipient of the First Quarter 2013 Human Rights Champion Award, Pierce County Bar Association Volunteer Legal Services program director Laurie Davenport for her work supporting human rights and social justice. Volunteer attorneys provide thousands of hours of free legal services through the Volunteer Legal Services program to low income clients.

PUBLIC COMMENT

One commenter this week. David Schroedel from the Chamber spoke once again in support of extending the BIA program, and added a statement of support for the local purchasing agreement, which will allow the City to give local businesses and entrepreneurs a bit of an edge in some bid processes.

REGULAR AGENDA

RESOLUTIONS

Purchase Resolution No. 38648 Awarding contracts to:

1. Cerium Networks, Inc., in the amount of $469,757, plus sales tax, budgeted from the Communications System Fund, for telephone maintenance and support services, for an initial three-year term with the option to renew for two additional one-year terms, for a projected contract total of $799,650 – Specification No. IT12-0700F; and [Linda Trehuba, Telecommunications Manager; Michelle Lewis-Hodges, Director, Information Technology]
2. Orion Marine Contractors, Inc., in the amount of $2,889,102, sales tax not applicable, for a cumulative total of $3,435,102, budgeted from the Streets Special Revenue and Capital Project REET Funds, to increase the contract for the operation and maintenance of the Hylebos and Murray Morgan Bridges – Specification No. PW11-0732F. [Chris Larson, Engineering Division Manager; Kurtis Kingsolver, Interim Director, Public Works]

In response to a question from Councilmember Ibsen, staff explained that the contract in item 2 needed to be adjusted, because when forecasts for traffic requiring an opening of the bridge when it reopened after 10 years of being closed, were proven to be lower than the actual need. When operations resumed, it turned out that there were more openings, required, including at off-peak time, necessitating around the clock operation of the bridge.

Resolution No. 38649 Acknowledging the life, work, and lasting legacy of former Washington State Governor William Booth Gardner. [Council Member Robert Thoms]

FINAL READING OF ORDINANCES

Ordinance No. 28139 Continuing the downtown Business Improvement Area (BIA) for the 26th year; providing for the levy of assessments and other income, in the amount of $814,364.60; and approving the renewed work plan, budget, and assessment of rates from May 1, 2013 through April 30, 2014. [Bob Levin, Private Capital Division Manager; Ricardo Noguera, Director, Community and Economic Development]

Mayor Strickland recused herself from the vote because she’s a downtown property owner, and the vote passed without further comment.

Ordinance No. 28140 Amending Chapter 1.06 of the Municipal Code, relating to the Purchasing Policy Manual, to ensure the inclusion and consideration of locality and sustainability factors in the evaluation and award of City contracts. [Kathy Katterhagen, Procurement and Payables Manager; Andrew Cherullo, Director, Finance]

In response to questions from Councilmember Mello, staff explained that the inclusion of locality and sustainability would not operate as a program like HUB and LEAP, but instead factors would be included in bid specifications when appropriate, either as a pass/fail or point-based evaluation. The factors can be applied to both products and services, and the definition of locality will be applied on a case-by-case basis, as determined by the need in each particular situation (i.e. it could be required that a business be located within a certain number of miles, or that the business have specific local knowledge of a site or project). Mayor Strickland thanked the city attorney for finding a solution that allows for the consideration of locality to give local businesses a boost, while still taking state law into account.

Ordinance No. 28141 Amending Chapters 1.07, 1.23, and 10.27 of the Municipal Code, relating to the Historically Underutilized Businesses program, to rename the program to Small Business Enterprise; update language to clarify the intent of the program; and align current and existing appeal rights. [Charles Wilson, HUB Coordinator; Ricardo Noguera, Director, Community and Economic Development]

The ordinance passed without comment

Ordinance No. 28142 Amending Chapter 4.10 of the Municipal Code, relating to operation regulations for vessels and watercraft, to establish no-wake zones in the Thea Foss Waterway and within 1,000 feet of marine fueling docks. [Chief James Duggan, Tacoma Fire]

Councilmember Boe recused himself from the discussion and vote to avoid the appearance of a conflict of interest, and the ordinance passed without further comment.

UNFINISHED BUSINESS

None.

REPORTS BY THE CITY MANAGER

The City Manager recognized Daniel Cox, who was named Employee of the Year for 2012 by the Tacoma Police Department for his dedication, teamwork, and professionalism.

COMMENTS AND COMMITTEE REPORTS OF THE CITY COUNCIL

Government Performance and Finance Committee – Councilmember Lonergan reported on the work of the committee.

• Gave a do pass for Tacoma Water’s finance plan.
• Heard a presentation on meter reading efficiencies and automated meter reading used and planned for the future by TPU.
• Discussed the reserve policy, including a recommendation to increase reserves from a five to 15% recommended level to a 10 to 20% recommended level, and to require a supermajority vote to use any reserve funds.
• Discussed the establishment of a financial sustainability task force intended to help staff find new ways to mitigate the effects of the recession and address structural budget problems.
• Heard presentations on topics including the multi-city business and tax portal, and a 2012 audit.
• The next meeting will include a discussion of the Tacoma Power financing plan.

Counculmember Ibsen announced a Department of Ecology sponsored discussion for North Tacoma residents about the Asarco clean up this Thursday at 6:30 p.m. at Point Defiance Elementary School.

Councilmember Walker announced this week’s Sister City International Film Festival movie, Le Papillon (The Butterfly) from Tacoma’s Sister City of Biot, France. The family-friendly movie will be shown at the Blue Mouse Theater this Thursday; doors open at 6:00.

Councilmember Thoms gave a reminder of the Booth Gardner memorial scheduled for 11:00 a.m. to 1:00 p.m. this Saturday, March 30th.

ADJOURNMENT

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Transportation Benefit District Governing Board

AGENDA

Public Comment

None.

Resolutions

Resolution No. TBD 002 Authorizing the execution of an interlocal agreement with the Washington State Department of Licensing for administration and collection of fees on behalf of the Transportation Benefit District.

This resolution fulfills one of the steps necessary to collect the $20 vehicle fee authorized by the TBD Board. The interlocal agreement between the Board and the Department of Licensing says the department will collect the annual fee, of which it will keep an amount not to exceed 1% of the total. When the fee is collected beginning in June of this year, the TBD expects to receive about $4 million annually, from which the department will keep about $40,000. The TBD expects to receive the first installment of payments in July of this year.

Resolution No. TBD 003 Approving a material change policy to address major Transportation Benefit District transportation plan changes.

State law requires that the TBD Board have a policy to address material changes that could affect project delivery or funding in place prior to the collection of any fees. The policy has three components:

• Cost – If there is a cost overrun of 20% or more, there must be a public hearing about how to resolve the overrun.
• Scope – If the scope changes, staff must consult with the board chair to determine whether a board meeting is necessary.
• Schedule – If the schedule changes by more than 90 days, staff must consult the chair to determine if a board meeting is necessary.

Some discussion ensued regarding how a “material change” in scope requiring consultation would be defined. The answer appears to be that if any project on the list changes from the project scope described, a consultation will be required. Ultimately, it appears to boil down to “we’ll know it when we see it.”

Comments of the Tacoma Transportation Benefit District Governing Board

Councilmember Mello sought some clarification on why the process is set up the way it is; question: why can’t we just put the money into the general fund so we don’t have to go through an entirely separate process? Answer: (paraphrased) Because the state says so. Hm, not entirely satisfying.

Adjournment