Tacoma City Council Meeting - October 9, 2012

If you’re into endurance city council meetings, this was your week.  If you’re more of a sprinter when it comes to meetings, we’ll try to make this as quick and painless as possible.

CONSENT AGENDA

RESOLUTIONS

Resolution No. 38546 Accepting a grant from the Washington State Attorney General’s Foreclosure Remedies Fund Committee, in the amount of $3,860,000; depositing said sum into the CED Grants Fund; and allocating the funds to the Tacoma Community Redevelopment Authority for the Blight Prevention – Revitalization of Foreclosed, Vacant Houses Program. [Ric Teasley, Housing Division Manager; Ricardo Noguera, Director, Community and Economic Development]

The goal here is to help as many people as possible get into homes they can afford and to reduce the negative impacts of foreclosure in Tacoma, specifically in the four neighborhoods with the highest foreclosure rates.

PROCLAMATIONS, RECOGNITIONS, PRESENTATIONS, AND ANNOUNCEMENTS
Mayor Strickland proclaimed October 2012 as Disability Awareness Month in Tacoma, in recognition of the contributions people with disabilities make to the workforce, and that employers make when they make accommodations.

Deputy Mayor Lonergan presented a Lacquerware vase that was a gift from Tacoma’s Sister City of Fuzhou, China, where Lonergan recently represented Tacoma on a visit. 

PUBLIC COMMENT
Public comment this week was unusually touching and emotional, with most commenters speaking in favor of the resolution in support of Referendum 74, and many sharing their personal stories on the importance of same sex marriage to them and to the people in their lives.  We heard from gay couples and their family members, and others, expressing the importance of a climate of tolerance and equality to the well-being of all citizens.  The other issue receiving comment was the resolution expressing support for Proposition 1, with several speakers voicing concerns over the impact of the service cuts that are certain if the measure doesn’t pass.  We heard comment on the importance of bus service to both those who depend on public transportation, and to choice riders who choose to commute via bus.  One commenter did the math: for every $500 spent on taxable items, the tax would mean an extra $1.50 in tax.  No one spoke against either resolution. 

REGULAR AGENDA

RESOLUTIONS

Purchase Resolution No. 38547 Awarding contracts to:

1. Tucci & Sons, Inc., on its bid of $6,998,320.77, sales tax not applicable, plus a 10 percent contingency, for a cumulative total of $7,698,152.85, budgeted from the Real Estate Excise Tax Fund, the 2010 LTGO Bond D Fund, and state and federal grants, for the Pacific Avenue Streetscape-Phase 1 project – Specification No. PW12-0346F; [Chris Larson, Engineering Division Manager; Dick McKinley, Director, Public Works] and
2. AHBL, Inc., in the amount of $271,695.33, sales tax not applicable, budgeted from the Streets Special Revenue Fund, for a cumulative total of $1,433,355.02, to increase the contract for additional design and construction support services requested by the City for the Pacific Avenue Streetscape project through December 31, 2013 – Specification No. PW10-0845F.  [Chris Larson, Engineering Division Manager; Dick McKinley, Director, Public Works]

Councilmember Boe recused himself from the resolution due to the potential for apparent conflict of interest.  Item 1 was held for consideration after the Appeal portion of the agenda.  Item 2 passed without further comment.

Resolution No. 38548 Expressing support for and urging Tacoma voters to vote “Approved” on Referendum Measure 74 on the November 6, 2012 General Election ballot, which reads as follows: 

REFERENDUM MEASURE 74

The legislature passed Engrossed Substitute Senate Bill 6239 concerning marriage for same-sex couples, modified domestic-partnership law, and religious freedom, and voters have filed a sufficient referendum petition on this bill. This bill will allow same-sex couples to marry, preserve domestic partnerships only for seniors, and preserve the right of clergy or religious organizations to refuse to perform, recognize, or accommodate any marriage ceremony. 
Should this bill be:  Approved ___   Rejected ___

Councilmember Mello explained the intent of the resolution was to send the signal that Tacoma supports equality and full citizenship rights for all of its citizens.

Councilmember Boe raised the question that was on many people’s minds: what’s the connection to City Council?  Boe answered, saying that the issue goes back to 2002, when the City passed rules against discrimination, and to representing the 53% of Tacomans who did support Referendum 71 in 2009.  Beyond those arguments, though, he also noted that economic development tends to be fostered by an inclusive society, and that business leaders and others looking for the best and the brightest will not be getting that in a climate of discrimination.

Mayor Strickland summed up her argument for why this should be an issue for the Council, echoing Boe’s comments that discrimination doesn’t attract talent, and concluding that civil rights should not be up to a majority vote.

The resolution passed, with the one dissenting vote coming from Councilmember Lonergan, who explained that both his personal beliefs, and the makeup of his district, which voted 54% against Referendum 71 in 2009, influenced his vote.

Resolution No. 38549 Expressing support for and urging Tacoma voters to vote “Approved” on Proposition No. 1 on the November 6, 2012 General Election ballot, which reads as follows: 

PROPOSITION NO. 1

The Board of Commissioners of the Pierce County Public Transportation Benefit Area (commonly known as Pierce Transit) adopted Resolution No. 12-021 concerning a proposition to increase the sales and use tax. If approved, this proposition would authorize Pierce Transit to impose an additional three-tenths of one percent (0.3%) sales and use tax, for a total sales and use tax of nine-tenths of one percent (0.9%), to fund restoration and provision of services including, without limitation: special event and commuter service, services for people with disabilities, and capital improvements, all as authorized by Resolution No. 12-021. 
Should Proposition No. 1 be: Approved ___   Rejected ___

Mayor Strickland commented that this ballot measure would keep our transportation viable, and that we’re one of the few municipalities that doesn’t use its full taxing authority.  The Mayor argued that the community we want in the future requires functioning public transportation to serve many of our small businesses, workers, and the density Tacoma has committed itself to achieving.

Other council members echoed the sentiment that a modern society needs a good transportation system, and that many Tacomans rely on the bus system to get to and from work, appointments and other errands.  Councilmember Mello reminded us that Pierce Transit has had layoffs, service reductions, and other cuts already.  This measure passed as well.

FINAL READING OF ORDINANCES

Ordinance No. 28091 Amending Chapter 1.30 of the Municipal Code, relating to retirement and pensions, to clarify the definition of beneficiary and provide direction for the distribution of assets upon the death of an active member of the Tacoma Employees’ Retirement System. [Monica Butler, Director, Retirement]

The ordinance passed with no comment.

Ordinance No. 28092 Amending Chapter 1.30 of the Municipal Code, relating to retirement and pensions, to comply with the Heroes Earnings Assistance and Relief Tax Act and to reduce the number of signatures required to run for the “retired member” position on the Tacoma Employees’ Retirement System, Board of Administration, from twenty to five. [Monica Butler, Director, Retirement]

This ordinance also passed with no comment.

FIRST READING OF ORDINANCES

Ordinance No. 28093 Amending Chapter 1.06 of the Municipal Code, relating to administration, establishing three new departments entitled Planning and Development Services, Neighborhood and Community Services, and Environmental Services; renaming the Legal Department to the City Attorney’s Office; and amending various sections of the Municipal Code to align with the newly established Environmental Services Department. [T.C. Broadnax, City Manager]

This ordinance would implement departmental changes included in the City Manager’s budget recommendations as discussed at last week’s study session.  Final reading next week.

APPEALS (The Appeal can be viewed in its entirety at www.cityoftacoma.org/Councilmeetings) Goodfellow Bros., Inc., appealing the decision of the Contracts and Awards Board to award Tucci & Sons, Inc., the bid for the Pacific Avenue Streetscape-Phase 1 project.

Representatives from the City explained where the case sits now, and outlined the exact issue the Council would be deciding in a quasi-judicial capacity.

Three bidders submitted bids for the work on the Pacific Avenue Streetscape.  The lowest bidder (Goodfellow Brothers) was disqualified for an incomplete submission, so the recommendation was made to award the contract to the next lowest bidder (Tucci & Sons).  Goodfellow Bros. protested the decision.  Their argument is that while they left out a component of the application called the Disadvantaged Business Enterprise document (DBE), Tucci & Sons also failed to list a plumber on their list of subcontractors, and that therefore they should be disqualified too, and the project should be re-bid.  The Contracts and Awards Board heard the protest, and determined that it agreed with the Public Works decision to award the contract to Tucci, as listing a plumber was not required.  Goodfellow protested that decision, bringing the issue before the City Council.

Goodfellow Bros. admit that they omitted the DBE paperwork, which was explicitly listed as a required component of a complete bid.  The question for Council was whether or not Tucci’s failure to list a plumber constituted a substantive error on their bid, meaning that they would be held nonresponsive as well, and the project re-bid.  Council’s decision had to be based only on the information presented to the Contract and Awards Board.

After presentations from both parties and questions from Council, a 10 minute closed session was held.  Upon returning to chambers, Council voted seven to one to deny the appeal, with Councilmember Boe being the dissenting vote.  Having denied the appeal, Council voted to accept the relevant purchase resolution.

UNFINISHED BUSINESS

CITIZENS’ FORUM
Only two speakers came forward for Citizens’ Forum this month, neither of them newbies to the podium.  One speaker has showed up at least a couple of times with the same complaint about persecution by John Ladenburg and others in the Pierce County Court system, including police officers.  Just a reminder folks, Citizens’ Forum is for matters that the City Council has jurisdiction over.  The other speaker also revisited an old theme, once again requesting that the City Manager conduct a study of racial sensitivity in the Tacoma Police Department, this time raising the issue of a recent shooting in the Hilltop.

REPORTS BY THE CITY MANAGER
No report.

COMMENTS AND COMMITTEE REPORTS OF THE CITY COUNCIL

Councilmember Ibsen announced the Tacoma Historical Society annual dinner at the Broadway Center this Sunday, October 7, at 5:00 p.m. annual dinner at Broadway Center.

Councilmember Lonergan commented on participating in the American Heart Association’s Heart walk.  Tacoma received the top company fundraising award for the event, and Lonergan thanked everyone who participated and donated.

Councilmember Woodards was absent.

ADJOURNMENT

So there you have it: love, conflict, pathos, and public comment (okay, maybe not pathos, but certainly drama).  All in one week’s meeting.