March 3_ 2011 City Council Members City of Tacoma 747 Market by ghkgkyyt

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									March 3, 2011


City Council Members
City of Tacoma
747 Market Street, Room 1200
Tacoma, Washington 98402

Dear Council Members:

The City Council Study Session of Tuesday, March 8, 2011, will be held in
Room 16, Tacoma Municipal Building North, 733 Market Street, at noon.

The live audio stream is available on both www.tvtacoma.com and on TV Tacoma,
Channel 12 in Tacoma city limits on both Click! and Comcast cable systems.

The agenda items are as follows:

      (1)    City of Lakewood's Joint Base Lewis-McChord Study
      (2)    Point Ruston Development Project
      (3)    Other Items of Interest - Legislative Policy Supporting Section 8
             Housing
      (4)    Agenda Review

and any other such business as may be properly brought before the Council at
such meeting. The City Council may take action to accept, reject, or modify any or
all proposed program(s).




T!L
Eric Anderson
City Manager

EAA:crh
          City of Tacoma
          Legal Department - City Clerk's Office




March 2, 2011



                              NOTICE
         CANCELLATION OF CITY COUNCIL MEETING
                  AND STUDY SESSION
Notice is hereby given that the Tacoma City Council meeting and study session
of Tuesday, March 15,2011, have been cancelled.

The next regularly scheduled City Council meeting will be held on Tuesday,
March 22,2011, at 5:00 p.m. in the Council Chambers of the Tacoma Municipal
Building, First Floor, 747 Market Street; and the study session will be held at
12:00 noon in Room 16 of the Tacoma Municipal Building North, located at
733 Market Street.



                     CANCELLATION OF
              COMMITTEE OF THE WHOLE MEETING

Notice is hereby given that the Committee of the Whole meeting of Tuesday,
March 15,2011, has been cancelled.

The next regularly scheduled Committee of the Whole meeting will be held on
Tuesday, April 5, 2011, at 3:00 p.m. in the 9th Floor Visibility Center located in
the Tacoma Municipal Building, located at 747 Market Street.




~~
Doris Sorum
City Clerk




 747 Market Street, Room 220 I Tacoma, Wa 98402-3768 1(253) 591-5171 I FAX (253) 591-5300
                                     www.cityoftacoma.org
                                                 MEETINGS FOR THE WEEK OF
                                               MARCH 7 THROUGH MARCH 11,2011



  TIM:E                                   MEETING                                                                 LOCATION
                                                               MONDAY, MARCH 7, 2011
   8:00 AM      Environment and Public Works Committee -                               747 Market St., Municipal Bldg., Conf. Rm. 248
                   Special Meeting
   4:30PM       Neighborhoods and Housing Committee                                    747 Market St., Municipal Bldg., Conf. Rm. 248
   5:30PM       Citizen Review Panel                                                   733 Market St., Municipal Bldg. N, Conf. Rm. 16

                                                               TUESDAY, MARCH 8, 2011
   9:00AM       Hearing Examiner's Hearing                                             747 Market St., Municipal Bldg., Council Chambers
  11:00 AM      Bid Opening                                                            3628 S. 35 th St., Public Utilities Bldg., ABN-M1
  11:00 AM      City Manager Performance Review Committee -                            747 Market St., Municipal Bldg., Conf. Rm. 1144
                   Special Meeting
     NOON       City Council Study Session                                             733 Market St., Municipal Bldg. N., Conf. Rm. 16
    3:00PM      Joint Economic Development Committee &                                 747 Market St., Municipal Bldg., Conf. Rm. 248
                   Environment and Public Works Committee Meeting
    3:30PM      Sustainable Tacoma Commission                                          733 Market St., Municipal Bldg. N., Conf. Rm. 16
    5:00PM      City Council Meeting                                                   747 Market St., Municipal Bldg., Council Chambers

                                                             WEDNESDAY, MARCH 9, 2011
   9:00 AM      Contracts & Awards Board **                                            3628 S. 35 th St., Public Utilities Bldg., ABN-M1
   3 :00 PM     Public Utility Board Study Session                                     3628 S. 35 th St., Public Utilities Bldg., ABN-LTl
   4:30 PM      Joint Environment and Public Works Committee and                       747 Market St., Municipal Bldg., Conf. Rm. 248
                   Economic Development Committee Meeting
    5:00 PM     Landmarks Preservation Commission                                      733 Market St., Municipal Bldg. N., Conf. Rm. 16
    5:30 PM     New Tacoma Neighborhood Council                                        747 Market St., Municipal Bldg., Conf. Rm. 708
    6:00 PM     Metro Park Tacoma Board of Commissioners -                             4702 S. 19 th St., Metro Parks Board Rm.
                   Capital Improvement Committee
    6:00 PM     Human Services Commission                                              747 Market St., Municipal Bldg., Conf. Rm. 1444
    6:30 PM     Public Utility Board Meeting                                           3628 S. 35 th St., Public Utilities Bldg., Auditorium

                                                             THURSDAY, MARCH 10, 2011
   7:30 AM      Tacoma Community Redevelopment Authority Board                         747 Market St., Municipal Bldg., Conf. Rm. 248
   8:30 AM      Tacoma-Pierce County Coalition to End Home1essness                     3602 Pacific Ave., Conf. Rm. A
   9:00 AM      Hearing Examiner's Hearing                                             747 Market St., Municipal Bldg., Council Chambers
   1:00 PM      Tacoma Employees' Retirement System Board Meeting                      3628 S. 35 th St., Public Utilities Bldg., ABN-LTl
   4:30 PM      Public Safety, Human Services, & Education Committee-
                  CANCELLED
    5:30 PM     Public Advisory Committee Hilltop Renaissance Project                  747 Market St., Municipal Bldg., Conf. Rm. 148
                  Meeting

                                                               FRIDAY, MARCH 11, 2011
   7:30 AM      Joint Municipal Action Committee-                                      747 Market St., Municipal Bldg., Conf. Rm. 434
                   Change of Time and Location


              Meeting sites are accessible to persons with disabilities. Disabled persons requiring special accommodations should
              contact the appropriate department(s) 48 hours prior to the meeting time.


** The Contracts & Awards Board (C&A Board) may meet weekly on Wednesdays if there is regular business to conduct. Updated meeting infOlmation and agendas
are posted by Tuesday of each week on the City of Tacoma Purchasing website at: www.tacomapurchasing.org. Please check this website to confilm whether a
C&A Board meeting will actually be held this week.
                        City Council Agenda
                                   http://www.cityoftacoma.org
         City Council Chambers, 747 Market Street, First Floor, Tacoma, Washington 98402



                                                                        March 8,2011 - 5:00 p.m.
       Call to Order.

       Roll Call.
       Flag Salute.

       Moment of Silence.

       ITEMS FILED IN THE OFFICE OF THE CITY CLERK
( 1)   a. Minutes of the Public Utility Board study session and meeting, January 12, 2011.
(7)    b. Minutes of the Tacoma Employees' Retirement System, Board of Administration,
          January 13, 2011; and workshop, January 14, 2011.


                        CONSENT AGENDA
(13)   Approval of the minutes of the City Council study sessions of February 1 and 8, 2011;
       meetings of February 8, 15, and 22, 2011; and special meeting of February 16,2011.

       RESOLUTIONS
       Resolution No. 38212
(35)   Setting Thursday, April 7, 2011, at 9:30 a.m., as the date for a hearing by the
       Hearing Examiner on the request to vacate an 80-foot-wide portion of Hill Street
       lying southwest of Waterview Street for general use and to increase the yard area.
       (Maik and Alison Darley; File No. 124.1321)
       Resolution No. 38213
(41)   Authorizing the execution of an amendment to the Interlocal Agreement for the
       Establishment of a Pierce County Tourism Promotion Area with Pierce County
       and the Cities of DuPont, Fife, Gig Harbor, Lakewood, Puyallup, and Sumner, to
       resolve ambiguity in the language relating to the supplanting of funds.
       Ayes: _        Nays: _    Absent: _       Abstaining: _       Items Removed: _
(Page No.)                                      City Council Agenda - Page 2 - March 8, 2011


         PROCLAMATIONS, RECOGNITIONS, PRESENTATIONS, AND
         ANNOUNCEMENTS


         PUBLIC COMMENT
         This is the time set aside for public comment on items on the agenda.
         Speakers are asked to identify the specific agenda items they wish to address
         and comments will be limited to up to five minutes per person. Comments will not
         be accepted on Ordinances or Communication Items forwarded to the
         City Council by the Hearing Examiner for which a public hearing has already
         been held. There are no items on tonight's agenda forwarded to the City Council
         by the Hearing Examiner.


                      REGULAR AGENDA

         RESOLUTIONS
         Purchase Resolution No. 38214
 (46)    Awarding a contract to:
         Benz Air Engineering Co., Inc., on its bid of $361 ,831.00, plus a 7 percent
         contingency, for a cumulative total of $387,159.17, plus sales tax, budgeted from
         the Capital Projects Fund and the Fire Miscellaneous Special Revenue Fund, for
         a Fire Apparatus Vehicle Exhaust Removal System -
         Specification No. PW10-0924F.
         Ayes: _ _ Nays: _ _ Absent: _ _ Abstaining: _ _

         Resolution No. 38215
 (56)    Amending the Water Rate Policy to increase the minimum current fund balance
         from 45 days to 60 days of operating and maintenance expenses to bring
         Tacoma Water in line with industry best practices.
         Ayes:         Nays:          Absent:           Abstaining: _ _
         Resolution No. 38216
 (71)    Authorizing the execution and conveyance of an easement to Puget Sound Energy
         for an existing gas main and a new service line within Fireman's Park.
         Ayes:         Nays:          Absent:           Abstaining:

         Resolution No. 38217
 (81)    Amending the City's Legislative Policy Manual for 2011-2012 to express support for
         the United States Department of Housing and Urban Development's Section 8
         housing choice voucher programs.
         Ayes:         Nays:          Absent:           Abstaining:
(Page No.)                                                 City Council Agenda - Page 3 - March 8, 2011


         FINAL READING OF ORDINANCES
         Ordinance No. 27973 (Continued from the meeting of March 1,2011)
 (88)    Amending Title 1 of the Municipal Code, relating to the Code of Ethics, by
         repealing and reenacting Chapter 1.46 in its entirety.
         Ayes:               Nays:              Absent:              Abstaining:

         UNFINISHED BUSINESS




         CITIZENS' FORUM
         The purpose of Citizens' Forum is to assist the City Council in making policy
         decisions. Items of discussion will be limited to matters over which the City Council
         has jurisdiction and speaker's remarks are limited to up to three minutes per
         person. Arguments shall not be made in support of, or opposition to, any matter on
         this week's agenda. Each person may address the City Council one time only
         during this forum.


         REPORTS BY THE CITY MANAGER




         COMMENTS AND COMMITTEE REPORTS OF THE CITY COUNCIL




         ADJOURNMENT




                          City Council Agendas and Minutes, Study Session Minutes, and
                               current Weekly Meeting Schedule can be accessed at
                                           http://www.cityoftacoma.org

             The Council Chambers is accessible to persons with disabilities. Persons requiring special
             accommodations should contact the City Clerk's Office, (253) 591-5505 or (TIY) (253) 591-5153, before
             5:00 p.m. on the Monday preceding the Council meeting.
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                                        POWEll
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                                                  WATER
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                                                            RAIL

                                       TACOMA PUBLIC UTILITIES




                                                                     APPROVED 1-26-11
                                          MINUTES
                                      City of Tacoma
                            Public Utility Board Study Session
                                    January 12, 2011
                                          3:00 p.m.

Chair Casey called the Public Utility Board study session to order at 3:03 p.m. at the
Public Utilities Administration Building.

Present: Laura Fox, Woody Jones, Bob Casey, Peter Thein (arrived 3:08), David
Nelson (arrived 3:11)

Tacoma Power North Fork Powerhouse Update
Pat McCarty, Generation Manager, provided an overview of Lake Kokanee, Cushman
No. 2 Dam, and the Cushman licensing requirements. Steve Fischer, Assistant
Generation Manager, provided a project overview and introduced the design team. Kirk
Kessler, Generation Engineer, presented illustrations of the design features,
powerhouse site conditions, fish collection facility, fish tram, fish sorting facility, and
solid works. Steve Belvin, Generation Engineer, walked through detailed animations of
the powerhouse and associated fish facilities. Estimated costs and the North Fork
schedule were then detailed. The next steps in license implementation address the
Cushman No. 1 floating surface collector, sockeye and salmon hatchery, and Big Creek
campground expansion.

Tacoma Water Business and Industry Customized Rebate
Linda McCrea, Water Superintendent, provided introductory comments. Dan Muir,
Water Conservation Manager, stated the new conservation rebate for commercial,
institutional, and industrial customers is currently being developed for launch in 2011. It
is designed to incent water efficiency improvements. The application process and
rebate process were then detailed. Current programs for businesses and residences
were reviewed. Education and outreach efforts include awareness building, classes
and workshops, website and phone tools, educational sites, and literatures. Next steps
include a request for resolution and the January 26 Board meeting, the development of
informational materials, and continued program outreach.
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        Tacoma Water Fluoridation Guidelines Update
        Tacoma Water has reduced its dose of fluoride in the water system from 1.0 mg/l
        (milligrams per liter) to .08 mg/L. The change is based on new recommendations from
        the U. S. Department of Health and Human Services. It is well within the range
        determined by the U. S. Environmental Protection Agency to be safe. The new federal
        recommendation is based upon the latest science that reflects a more conservative
        approach at balancing the benefits fluoride provides in protecting teeth against the risk
        of discoloration. The former dose of 1.0 mill is not a danger to public health. The
        Public Notice and FAQs are on the website.

        Securities Exchange Commission Registration Ruling
        On July 21, 2010, the Dodd-Frank Act was enacted to promote financial stability by
        improving the accountability and transparency in the financial system. Bill Fosbre, Chief
        Deputy City Attorney, provided an overview of this Act and its impact on municipal
        advisors and boards.

        TPU Discount Rate Review Recommendations
        Director Gaines provided introductory comments. George Whitener, Rates, Planning
        and Analysis Manager, spoke to the collaborative nature that existed in preparing these
        recommendations. Francine Artis, Customer Solutions Manager, provided an overview
        of the current low-income programs and trends in use. Mr. Whitener then shared charts
        and graphs illustrating demographics, employment, and customer participation. Mr.
        Whitener detailed rate impacts and incremental program costs for Power and Jane
        Evancho, Water Section Manager detailed these for Water. Ms. Evancho stated that
        reconfiguration of the billing system may be required and administration costs will
        compound the rate impact. Mr. Whitener then detailed the enhanced low-income
        program proposal, current and proposed program comparison, matrix of example
        households, annual bill comparison, cost allocations, benchmarking with peer utilities,
        and legal considerations. In summary, low-income programs are not cost-of-service
        issues, but rather policy decisions. Legal authorization exists in RCW 74.38.070. The
        proposed program enhancements can occur within the existing SAP framework.

        Executive Session
        Chair Casey made a motion at 5:08 to convene an executive session for twenty minutes
        to discuss pending litigation; seconded by Mr. Thein. The executive session was
        adjourned at 5:28 p.m.




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Adjournment
The study session was adjourned 5:28 p.m. until the next regularly scheduled study
session on Wednesday, January 26,2011, at 3:00 p.m.

Approved:                            Approved:




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9240



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                                                 POWER     WATER     RAIL

                                                TACOMA PUBLIC UTILITIES




                                                                               APPROVED 1-26-11

                                                 MINUTES
                                              City of Tacoma
                                        Public Utility Board Meeting
                                             January 12, 2011
                                                 6:30 p.m.


       Mr. Casey called the Public Utility Board meeting to order at 6:30 p.m. at the Public
       Utilities Administration Building.

       Present: Bob Casey, Laura Fox, Peter Thein, David Nelson, Woody Jones

       Minutes of the Previous Meetings
       Mr. Thein moved that the minutes of the previous meetings be adopted; seconded by Mr.
       Jones. Voice vote was taken and carried. The minutes were declared adopted and
       made part of the record.

       Comments from the Public
       There were no public comments.

       Recognitions
       There were no recognitions.

       Consent Agenda
       There were no items on the consent agenda.

       Regular Agenda

       0-1      Resolution U-10442 - Award contracts and approve purchases:
             1. Award contract to General Pacific, Inc., for HV circuit breakers and circuit
                switchers ($1,267,630, plus sales tax);
             2. Award contract to Tri-State/Harbor Pacific A Joint Venture for construction
                of the North Fork Skokomish Powerhouse and fish passage facilities at
                Cushman No.2 Dam ($13,337,500, plus sales tax);
             3. Increase contract with Evolve, Inc., to provide additional electronic security
                and related equipment for Tacoma Public Utilities' facilities ($475,000, plus
                sales tax. Cumulative aggregate total $1,468,380, plus sales tax);


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     4. Increase contract with Seattle Public Utilities for laboratory services
        ($176,994, including sales tax. Cumulative aggregate total $542,091,
        including sales tax).

Mr. Thein moved to adopt the resolution; seconded by Ms. Fox.

In response to a Board inquiry, Steve Fischer, Assistant Generation Manager, stated
The powerhouse at the base of Cushman No. 2 dam is a renewable energy project that
will capture 23.5 million KWH per year of energy that is now being discharged at the
base of the dam. It also provides up and down stream fish passage that is a requirement
of the license. The low bid is ten percent below the engineer's estimate.

Chair Casey stated that the Board received a presentation on this topic at the study
session. He stated it would be beneficial to have the relicensing history documented and
have a way for ratepayers to have the opportunity to learn about the engineering of this
large his project, perhaps on TV Tacoma.

 Voice vote was taken and carried. The resolution was declared adopted.

0-2     Motion 11-01 - Approve a settlement in property damage and personal
        injury claim in the amount of $72,996.89.

Mr. Thein moved to approve the motion; seconded by Mr. Jones.

Bill Fosbre, Chief Deputy City Attorney, stated this motion will result in the full and final
settlement in the claim regarding a traffic collision with a Tacoma Water vehicle. This
matter was reviewed in executive session and a confidential memorandum with
additional details has been provided to the Board in advance.

Voice vote was taken and carried. The motion was approved.

0-3     Resolution U-10443 - Add and amend sections to the Tacoma Municipal
        Code regarding water rates and charges.

Mr. Thein moved to adopt the resolution; seconded by Ms. Fox

Linda McCrea, Water Superintendent, stated Tacoma Water is seeking Board approval
for a two-step rate increase. The first step would go into effect on February 14, 2011
and the second on January 1, 2012. The budget that was recently approved for
2011/2012 for Tacoma Water is smaller than the previous biennium's budget, but it still
requires additional revenue to be generated to cover costs for programs and operating
the system. The primary drivers for the rate increase are enhanced regulatory
compliance in the water quality area. Three significant projects will be undertaken this
biennium. The first is the filtration plant on the Green River to comply with the
cryptosporidium regulation. That decision to pursue that project was made by the Board
and Council this year. The second project is the final project to cover open reservoirs.
Tacoma Water will be in compliance with that regulation by the end of this biennium.

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       Tacoma Water also needs to do additional treatment on the groundwater supply. This is
       a difficult time to raise rates. The economy is weak and we're sensitive to that. We
       worked very hard to keep costs down in all areas of Tacoma Water in order to not come
       forward with a higher rate increase. This rate proposal is lower than anticipated when
       the filtration project was made. The rate proposal is an average of 5.2 percent increase
       per year. Each customer class is different. The actual proposed increase for the
       residential class is approximately 4.5 percent per year. The proposal is based on cost of
       service methodology and adopted rate policy. We have done quite a bit of outreach.
       There have been public meetings and we have met with large volume customers; i.e.
       wholesale customers and Metro Parks.

       Board Member Thein spoke to the fact that rate increases aren't taken lightly by the
       Board. Mr. Thein also spoke to Water's cost reduction efforts, conservation education
       efforts, and the Board's extensive review of the budget.

       Voice vote was taken and carried. The resolution was declared adopted.

       H.    Reports of Director

       I.    Comments by Members of the Board

       J.    Adjournment

       There being no further business or comments from the audience, the Public Utility
       Board was adjourned at 6:43 p.m. until Wednesday, January 26, 2011, for a study
       session beginning at 3:00 p.m., followed by the regular meeting at 6:30 p.m.

       Approved:




                                                                                        3      06
                                 Regular Meeting
                              Board of Administration
                        Tacoma Employees' Retirement System
                            1:00 p.m., Thursday, January 13, 2011
                                    Tacoma Public Utilities
                                 Administration Building North
                                Conference Room LT1 (307 A)
                                      3628 S. 35th Street
                                 Tacoma, Washington 98409

                                           Minutes
Call to Order

Mayor Marilyn Strickland, Chair of the Retirement Board, called the meeting to order on
Thursday, January 13, 2011.

Roll Call

Members Present:         Mayor Marilyn Strickland, Rey Arellano, Jim Curley, Dave Peterson,
                         Alice Phillips, Wayne Reed and Chris Webster

Members Absent:           Sam Benscoter, Bob Biles, and Bill Gaines

Others Pres~nt:          Monica Butler, Retirement Director
                         Tim Allen, Assistant Retirement Director
                         Kathleen Mason, Recording Secretary
                         Martha Lantz, Deputy City Attorney

Citizen Comments

None.

Meeting Minutes

Upon motion by Chris Webster, seconded by Dave Peterson, the Retirement Board moved to
adopt the Consent Agenda consisting of the drafted minutes of the November 18, 2010 and
December 9, 2010 Retirement Board meetings amended as noted:

Dec. 9, 2010 Minutes Page 10, paragraph 2 - To read: "Upon motion by Bob Biles, seconded
by Chris Webster, the Retirement Board authorized the Retirement Direptor to enter into
negotiations with Wilshire Associates. The current contract with Wilshire Associates expires
March 31, 2011."

November 18,2010 Minutes Page 5, paragraph 2 - Committee Terms of Office. Strike the
term "Committee" as the paragraph references only the terms of office for the Chair and Vice
Chair. Section revised to read, Terms of Office.
     Regular Meeting
     Board of Administration
     Tacoma Employees' Retirement System
     1:00 p.m., January 13,2011
     Page Two


     Old Business

     Bylaws Revision

     The Bylaws were reviewed by the Executive Committee at the December 1,2010 Executive
     Committee meeting regarding terms of office for the Board Vice Chair and Second Vice Chair
     and the eligibility for re-appointment and the Alternate Member eligibility for re-appointment.

     The Executive Committee recommends the following:

     1. For the Vice Chair and Second Vice Chair - Adding "for terms of one year and, are eligible
     for re-appointment" to the bylaws. It was suggested that in June of each year that the Executive
     Committee would come forth with a recommendation of Vice Chair and Second Vice Chair
     which matches up with the regular election process that occurs in late winter and early spring.

     2. For the Alternate Member -- Adding "eligible for re-appointmenf'.

     It was noted with a suggestion that in Article IV - Duties of Officers, Section 1. Appointment of
     Chairman the reference to 'in his absence" be amended to read, "his or her absence".

     Board motion to adopt the above changes in the Board Bylaws was unanimously approved.

     Re-appointment of Alternate Member

     Upon motion by Rey Arellano, seconded by Dave Peterson, the Board moved to reappoint
     Wayne Reed to an additional three-year term as alternate Board member, to commence upon
     the end of his current term.

     Change the Order of Business

       Mayor Strickland changed the order of business from New Business Item A. Investment
     . Manager Monitoring Procedures to New Business Item D. Director's Performance Review.

     New Business

     Director's Performance Review

     The Retirement Director providec;l a brief overview of goals, achievements and accomplishments
     in relation to the Retirement department and the investment oversight. Upon motion by Rey
     Arellano, the Board unanimously approved to move to an Executive Session to commence at
     1:15 p.m., and not to exceed 20 minutes.

     Mayor Strickland extended the Executive Session at 1:35 p.m. for an additional 30 minutes.

     Resume Order of Business

     The meeting resumed at 2:18 p.m., by Vice Chair, Dave Peterson.

08
Regular Meeting
Board of Administration
Tacoma Employees' Retirement System
1:00 p.m., January 13, 2011
Page Three


New Business (continued)

Investment Manager Monitoring Procedures

At the December 1, 2010 Executive Committee meeting the Committee reviewed the
Investment Manager Monitoring Procedures and gave it a "do pass".

The Board decided that the Board will rely on staff and the investment consultant for information
on the Watch List managers. Staff will add items to the procedures regarding negotiating fees
and reviewing the relevance of guidelines upon request.

Changes to Investment Policy Statement

Assistant Retirement Director, Tim Allen, reviewed the Investment Policy Statement with the
Board indicating that there had been additions based on input received from the Board.

Upon motion by Rey Arellano, seconded by Alice Phillips, the Board approved the revised
Investment Policy Statement. The frnalizeddocument will be distributed to the Board.

Calculation of Buyback Rate

TMC section 1.30.550 allows former TERS members to repay contributions to the Plan if they
are re~hired in order to repurchase eligibility, and note that the interest rate is set by the Board.

Upon motion by Jim Curley, seconded by Dave Peterson, the Board approved the staff
r~commendation     that the interest rate used to calculate the amount of the repayment of
contributions upon rehire shall be the TERS actuarially assumed rate of return as established
periodically (currently 7.75%.)

Retirement Directors Report

The Retirement Director's Report serves as an addendum to the minutes.

Good ofthe Order

                   Retirement Transactions Report - November 2010 and December 2010
This report is no longer listed on the meeting agenda under the heading of Consent Agenda, as
it is solely an informational item.

              Milliman
Mark Olleman and Joshua Davis of Milliman, actuarial consultant, will present to Board at the
March Board meeting regarding COLA for 2011, Early Warning Letter, Fiduciary Policy and
Annual Projects.

                Liability Insurance
Fiduciary Liability Insurance is. in place for tota! coverage of $15 million which is considered in
line with other plans of similar size.


                                                                                                        09
     Regular Meeting
     Board of Administration
     Tacoma Employees' Retirement System
     1:00 p.m., January 13, 2011
     Page Four


     Good of the Order continued

                     Outside Legal Counsel
     Davis Wright Tremaine contract for legal counsel has expired and a new contract for a term of
     one year, billed at an hourly rate with total expenditures not to exceed $50K, is under
     development.

     Adjourn

     Upon motion by Rey Arellano, seconded by Jim Curley, the meeting was adjourned.




     Monica H. Butler                                    obert K. Biles
     Retirement System Director                         Secretary to the Retirement Board




10
                                Workshop Meeting
                              Board of Administration
                        Tacoma Employees' Retirement System

                              8:30 a.m., Friday, January 14,2011
                                   Center for Urban Waters.
                                Commencement Bay Room 101
                                      326 East 0 Street
                                 Tacoma, Washington 98421


                                            Minutes

Call to Order

Mayor Marilyn Strickland, Chair of the Retirement Board, called the meeting to order on Friday,
January 14, 2011.

Roll Call

Members Present:          Mayor Marilyn Strickland, Rey Arellano, Samuel Benscoter, Jim Curley,
                          Dave Peterson, Wayne Reed and Chris Webster

Members Absent:           Bob Biles, Bill Gaines and Alice Phillips

Investment Advisory
Committee Present:        Dr. Kevin Boeh, Joseph Cook and Dr. Lynda Livingston

Investment Advisory
Committee Absent:        Alva Butcher

Others Present:          Monica Butler, Retirement Director
                         Tim AIlen, Assistant Retirement Director
                         Kathleen Mason, Recording Secretary
                         Martha Lantz, Deputy City Attorney

Presenters:              Chris Waddell. Olson Hagel & Fishburn
                         Andrew Junkin, Wilshire Associates
                         Tom Toth, Wilshire Associates


The Retirement Director welcomed everyone and commenced with a brief introduction and
icebreaker exercise.

Rey Arellano introduced Chris Waddell. Senior Attorney for Olson Hagel & Fishburn. Mr.
Waddell presented an overview on Fiduciary Responsibility and Governance Best Practices.

Monica Butler, Retirement Director, led discussions on sustainability and risk management. Tim
Allen, Assistant Retirement Director, presented the Board with information on the topic of
defined benefit investment perspective, reviewed staff/consultant proposed targets for year-end
2011, and discussed an investment work plan for 2011.




                                                                                                  11
     Workshop Meeting
     Board of Administration
     Tacoma Employees' Retirement System
     8:30 a.m., January 14, 2011
     Page Two


     Upon motion by Rey Arellano, seconded by Chris Webster, the Board approved staff to initiate a    I

     fixed income strategy review, including any manager searches that would result from the review.

     Adjourn

     Mayor Strickland adjourned the meeting at 2:00 p.m.




     Monica H. Butler
     Retirement System Director                         Secretary to the Retirement Board




12
    City Council Study Session Minutes
                               http://www.cityoftacoma.org/SSMinutes
     Tacoma Municipal Building North, Room 16,733 Market Street, Tacoma, Washington 98402


                                                                            February 1, 2011


Mayor Strickland called the study session to order at 12:07 p.m.

Council Members Present:      7 - Boe, Campbell, Lonergan, Manthou, Mello, Walker,
                                  and Mayor Strickland.

Council Members Absent:       2 - Fey and Woodards.

Mayor Strickland announced the first study session topic is a review of Foss Waterway
public access infrastructure projects. Martha Anderson, Community and Economic
Development (CEO), introduced Su Dowie, Foss Waterway Development Authority
(FWDA). Ms. Dowie introduced Joe Zawacki, President of the FWDA. Ms. Dowie stated
the primary goals of the Foss plan are to attract private investment for mixed-use
development, provide environmental protection and stewardship, and provide public
access to the shoreline. Ms. Anderson discussed public access objectives, the concept
plan map, implementation strategies, the status of access infrastructure, challenges
and next steps. Discussion ensued regarding the amount of money it will take to
completely connect all the esplanade pieces; funding sources for sites 10 and 11;
connections from downtown to the waterway; the goal date by which the esplanade will
be built out; the project design for site 12; and private development along the waterway.

Mayor Strickland asked for other items of interest. City Manager Eric Anderson
discussed foreclosure rates in Tacoma and Washington. He then discussed pending
legislation in the Washington State House and Senate which would require lenders to
notify homeowners of the availability of mediation services prior to recording a notice of
default. He urged the Council to strongly support this bill and make their opinions known
to the legislature in Olympia. He then introduced Ric Teasley, CEO. Mr. Teasley
discussed foreclosure intervention workshops held by the Safe & Clean
Homeownership Team for the last several years in which Housing and Urban
Development (HUD)-certified mortgage counselors work with lenders and homeowners.
Mr. Teasley stated there are only three HUD-certified counselors in Tacoma at this time
and more help is needed. He stated House Bill (HB) 1363 and Senate Bill (SB) 75
would allow more citizens to use the mediation process which usually provides better
results. Mr. Teasley stated there would be a legislation fee attached to the bill of $200
for both the lender and the borrower to help pay for the mediator. Discussion ensued
regarding the increase in foreclosure rates in Tacoma; the involvement of dispute
resolution centers, mediation training, the enforcement of mandatory mediation, and
funding issues in HB 1363 and SB 75; the amount of money needed to save 60 homes;
and the impact of rental housing in Tacoma.
                                                                                            13
     Tacoma City Council Study Session Minutes                                         Page 2
     February 1, 2011


     City Manager Eric Anderson introduced Jeff Litchfield, Finance; Elly Walkowiak, CED;
     Dana Brown, Public Works; and Kurtis Kingsolver, Public Works. Mr. Litchfield
     discussed the Elks Garage pro-forma including the 25 year debt service on
     $10.5 million bond issue including the sources of revenues and types of expenditures.
     Mr. Anderson stated the City will need to take 1/1 ooth of a percent of the sales tax and
     impose it within the community, which simultaneously reduces the state sales tax by the
     same amount. He stated Council would need to implement this funding flow by
     ordinance. Discussion ensued regarding the conservative approach of the pro-forma;
     estimated revenues versus expenses; parking facility hours of operation; daytime,
     garage and off-street rates; the possibility of electric charging station revenues;
     occupancy assumptions; and the usage of funds from local revitalization financing.

     Mayor Strickland called upon Mr. Anderson for a review of tonight's Council agenda.
     Mr. Anderson stated there are no proclamations, recognitions or announcements, and
     there is one presentation. He then stated there is one Committee report from
     Neighborhoods and Housing and there are two changes to the agenda, Substitute
     Ordinance No. 27967 to clean up and clarify the code language related to the
     provisional rental property licenses and an amendment to Ordinance No. 27968 to
     correct the effective dates of rates for the surface water and waste water utilities.
     Mr. Anderson also stated there are appeals or Citizens' Forum.

     Mayor Strickland asked when the City will start working on Stadium Way project.
     Discussion ensued regarding the project timeline and funding; and public presentation
     and criteria of the entranceway design.

     Mayor Strickland noted there is a Committee of the Whole meeting today in the
     9th Floor Visibility Center, at 3:00 p.m.

     There being no further business, the study session was adjourned at 1:29 p.m.




                                                   MARILYN STRICKLAND, MAYOR




     ATTEST: _____________________________
                  DORIS SORUM, CITY CLERK




14
    City Council Study Session Minutes
                                http://www.cityoftacoma.org/SSMinutes
      Tacoma Municipal Building North, Room 16, 733 Market Street, Tacoma, Washington 98402


                                                                              February 8, 2011


Mayor Strickland called the study session to order at 12:09 p.m.

Council Members Present:       8 - Boe, Campbell, Fey, Lonergan, Manthou, Mello,
                                   Woodards, and Mayor Strickland.

Council Members Absent:        1 - Walker.

Mayor Strickland announced the first study session topic is an update on the
Downtown: On the Go project. Diane Wiatr, Community and Economic Development,
introduced Julia Petersen, Downtown: On the Go; Scott Morris; Pierce Transit; and
Downtown: On the Go Board Member Bruce Sterling, Geo Engineers Inc. Ms. Petersen
discussed how the project began, the Energy Efficiency and Conservation Block Grant,
2010 accomplishments, their vision and mission, current projects, 2011-2012
Downtown: On the Go Board priorities, sustainable organization, and sustainable
funding. Discussion ensued regarding grant and stimulus money, alternative routes to
access the Center for Urban Waters while the bridge is closed, the definition of "living
close to work" in relation to the Downtown: On the Go project, an alternate assistance
plan for people who rent property, using the re-design results to help citizens easily
educate themselves on how to get around downtown including the possibility of using a
circulator bus, and parking for City employees.

Council Member Mello asked if there are any roadblocks for the City not to participate in
the Live Downtown program. Council Member Campbell requested the number or
percentage of City employees that use public transportation.

Mayor Strickland asked for other items of interest. Randy Lewis, Government Relations
Officer, discussed legislative updates and priorities from Olympia and reviewed the
budget, the gang prevention bill, medical cannabis bill, street utility bill, red light camera
bill, and economic development bills regarding infrastructure financing and imminent
domain. Discussion ensued regarding the General Fund revenue, the gang prevention
bill, the street utility bill, and the Washington State History Museum.

Mayor Strickland introduced a memo from Public Works Director Dick McKinley to
City Manager Eric Anderson regarding the Sauro project. Discussion ensued regarding
the design of the sidewalk or ramp from Pacific Avenue to Court A including a 9 percent
slope; the amount of space between the wooden slats; how it fits with the City's values
of safe, clean, and attractive; if it is the only access people have to get around in that

                                                                                                 15
 Tacoma City Council Study Session Minutes                                            Page 2
 February 8, 2011


 area; the benefits of landscaping versus building a sidewalk since there are other ways
 to get around; and the cost of completing the project with a wall built next to the existing
 building. Mayor Strickland asked to see an illustration of the site after the project is
 complete.

 Mayor Strickland called upon City Manager Eric Anderson for a review of tonight's
 Council agenda. Mr. Anderson stated there are no proclamations, recognitions,
 presentations, announcements or reports. He then stated there are no changes to the
 published agenda, no public hearings or appeals, and there is Citizens' Forum tonight.

 Council Member Manthou noted there is a joint meeting of the Economic Development
 Committee and Environment and Public Works Committee meeting today at 3:00 p.m.
 in Conference Room 16.

 There being no further business, the study session was adjourned at 1:29 p. m.




                                                MARILYN STRICKLAND, MAYOR




 ATTEST: _____________________________
              DORIS SORUM, CITY CLERK




16
                     City Council Minutes
                                   http://www.cityoftacoma.org
         City Council Chambers, 747 Market Street, First Floor, Tacoma, Washington 98402



                                                               February 8,2011 - 5:00 p.m.
The meeting was called to order at 5:07 p.m.

Council Members Present:        9 - Boe, Campbell, Fey, Lonergan, Manthou, Mello,
                                    Walker, Woodards, and Mayor Strickland.
Council Members Absent:         0

The Flag Salute was led by Deputy Mayor Walker.
Moment of Silence.

ITEMS FILED IN THE OFFICE OF THE CITY CLERK
a. Minutes of the LESA Executive Board special meetings, December 1 and 17, 2010.
b. Minutes of the Public Safety, Human Services, and Education Committee,
   December 9, 2010.
c. Minutes of the Tacoma Public Utility Board study session and regular meeting,
   December 15,2010.


                     CONSENT AGENDA

RESOLUTIONS
Resolution No. 38196
Setting Thursday, March 10, 2011, at 9:30 a.m., as the date for a hearing before the
Hearing Examiner confirming the Assessment Roll for Sidewalk Construction Fund 2008
(SCF-08) for the reconstruction of unfit or unsafe sidewalks in various locations throughout
the city.

FINAL READING OF ORDINANCES
Ordinance No. 27917
(Amending Chapter 13.06 of the Municipal Code to reclassify two parcels located at
4206 Portland Avenue from ''R-2'' and "R-3" Single- and Two-Family Dwelling Districts
to a "C-2" Commercial District, for the development of a 17,500-square-foot mixed use
building, 33 apartment units, and parking for 112 vehicles.
(AustinCina Architects; File No. REZ2010-40000142803)
                                              City Council Minutes - Page 2 - February 8, 2011


     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)

     FIRST READING OF ORDINANCES
     Ordinance No. 27972
     Providing for the improvement of the structural sidewalk at 739 to 745 Broadway and
     the standard sidewalk at 1151 Tacoma Avenue South, by reconstructing or replacing
     the sidewalks for public safety; and directing the levy of special assessments according
     to the benefits upon the respective abutting properties.
           Deputy Mayor Walker moved to adopt the Consent Agenda, including
     Resolution No. 38196, and Ordinance Nos. 27917, 27924, and 27972. Seconded by
     Council Member Lonergan.
           Deputy Mayor Walker moved to concur in the Findings, Conclusions, and
     Recommendations of the Hearing Examiner for Ordinance No. 27972. Seconded by
     Council Member Lonergan. Voice vote was taken and carried. The motion was declared
     adopted.
     Voice vote was taken and carried on the Consent Agenda, including Resolution
     No. 38196, and the Final Reading of Ordinance Nos. 27917 and 27924; and
     setting Ordinance No. 27972 over for final reading to a date to be determined. The
     Consent Agenda was declared adopted.

     PROCLAMATIONS, RECOGNITIONS, PRESENTATIONS, AND
     ANNOUNCEMENTS
     There were no proclamations, recognitions, presentations, or announcements.

     PUBLIC COMMENT
     This is the time set aside for public comment on items on the agenda. Speakers are
     asked to identify the specific agenda items they wish to address and comments will be
     limited to up to five minutes per person. Comments will not be accepted on Ordinances
     or Communication Items forwarded to the City Council by the Hearing Examiner for
     which a public hearing has already been held. On tonight's agenda that includes
     Ordinance Nos. 27917, 27924, and 27972.
     Public Comment began at 5:07 p.m.
     Speaking before Council:
      Name                Address/Affiliation                  Subject
      Robert Hill         2522 North Proctor Street            Ordinance No. 27971
     Public Comment closed at 5:10 p.m.



18
                                           City Council Minutes - Page 3 - February 8,2011


                     REGULAR AGENDA
RESOLUTIONS
Purchase Resolution No. 38197
Awarding contracts to:
1. Serpanok Construction, Inc., on its bid of $601,687.00, including sales tax, budgeted
   from the Capital Project-REET Fund, to fill the Sauro property and construct a
   parking lot - Specification No. PW10-0759F;
2. Clements Brothers, Inc., in the amount of $250,000.00, plus sales tax, for a
   cumulative total of $1 ,256,862.09, budgeted from the Capital Projects Fund, to
   increase the contract to complete the construction of the Chinese Pavilion
   "Fuzhou Ting" - Specification No. PW08-0907F; and
3. General Fire Apparatus, Inc., in the amount of $1 ,280,792.00, plus sales tax, for a
   cumulative total of $1 ,921,188.00, budgeted from 2010 Capital Bond Proceeds, to
   increase the contract for two additional fire pumpers with aerial water tower and
   escape ladder - Specification No. FD07-0671 F.
     Deputy Mayor Walker moved to adopt Purchase Resolution No. 38197.
Seconded by Council Member Lonergan.

       Council Member Boe moved to consider Item No.1 of Purchase Resolution
No. 38197 separately at this time. Seconded by Council Member Mello. Voice vote was
taken and carried, with Deputy Mayor Walker voting in opposition.
Roll Call vote was requested and taken on Item No.1 of Purchase Resolution
No. 38197, resulting as follows:
Ayes:    6 - Fey, Lonergan, Manthou, Walker, Woodards, and Mayor Strickland.
Nays:    3 -   Boe, Campbell, and Mello.
Item No.1 of Purchase Resolution No. 38197 was declared adopted.

      Council Member Campbell moved to hold over Item No.2 of Purchase
Resolution No. 38197 until next week. Seconded by Council Member Fey.
Roll Call vote was requested and taken, resulting as follows:
Ayes:    6 -   Boe, Campbell, Fey, Lonergan, Mello, and Woodards.
Nays:    3 -   Manthou, Walker, and Mayor Strickland.
Item No.2 of Purchase Resolution No. 38197 was held over until next week.

Voice vote was taken and carried on Item No.3 of Purchase Resolution No. 38197.
Item No.3 of the Purchase Resolution was declared adopted.




                                                                                             19
                                                City Council Minutes - Page 4 - February 8, 2011


     FINAL READING OF ORDINANCES
     Ordinance No. 27971
     Amending Chapter 12.06 of the Municipal Code, relating to Electric Energy Regulation
     and Rates, and Chapter 12.10, relating to Water Regulation and Rates, to increase the
     low-income senior and low-income disabled residential rate discount from 25 percent to
     30 percent.
     Roll call vote was taken, resulting as follows:
     Ayes:     9 - Boe, Campbell, Fey, Lonergan, Manthou, Mello, Walker, Woodards,
                   and Mayor Strickland.
     Nays:     0
     The Ordinance was declared passed.

     UNFINISHED BUSINESS
     None.

     CITIZENS' FORUM
     The purpose of Citizens' Forum is to assist the City Council in making policy decisions.
     Items of discussion will be limited to matters over which the City Council has jurisdiction
     and speaker's remarks are limited to up to three minutes per person. Arguments shall not
     be made in support of, or opposition to, any matter on this week's agenda. Each person
     may address the City Council one time only during this forum.
     Citizens' Forum began at 5:52 p.m.
     Speaking before Council:
      Name                Address/Affiliation              Topic
      Cynthia Branson     736 North Stadium Way            Shoreline issues
      Karin Morris        Tacoma Resident                  Shoreline issues
      David Rietmann      725 North Stadium Way            Sperry Ocean Dock
      Timothy Smith       5312 South Alder Street          Tacoma Outreach Center
      Diane Burke         315 North K Street               Vinyl Windows
      Hudson Burke        315 North K Street               Vinyl Windows
      Kristi Nebel        2017A South th Street            Towery Dossier
      Drew Hendricks      816 Adams Street, Olympia        Towery Dossier
      Tom McCarthy        801 South Cushman Avenue         Towery Dossier
      Robert Hill         2522 North Proctor Street        Elections and Ranked Choice Voting
      Beth Prescott       Citizen                          Towery Dossier
     Citizens' Forum was declared closed at 6:19 p.m.




20
                                          City Council Minutes - Page 5 - February 8, 2011


REPORTS BY THE CITY MANAGER
No report.

COMMENTS AND COMMITTEE REPORTS OF THE CITY COUNCIL
Council Member Lonergan stated last Friday he attended an open house for the
U.S. Navy Tug Boat YT-805, built in Tacoma by J.M. Martinac Shipbuilding Corporation.
He stated it is an impressive boat with both tug and firefighting capabilities. He then
noted at least two, and as many as six, additional tug boats will be built here in Tacoma.

Council Member Fey requested to find the source of a study that was done regarding
the traffic problems on Interstate 5 around Joint Base Lewis-McChord. He then
requested further information on additional costs to the City for the Broadway Local
Improvement District.

Mayor Strickland reminded everyone there is a Special Election today and encouraged
all citizens to exercise their right to vote.

      On proper motion, the meeting was adjourned at 6:24 p.m.




                                                MARILYN STRICKLAND, MAYOR



ATTEST: ____________=-__~~~~~----
             DORIS SORUM, CITY CLERK




                                                                                         21
                      City Council Minutes
                                    http://www.cityoftacoma.org
          City Council Chambers, 747 Market Street, First Floor, Tacoma, Washington 98402



                                                               February 15, 2011 - 5:00 p.m.
The meeting was called to order at 5:08 p.m.

Council Members Present:         9 - Boe, Campbell, Fey, Lonergan, Manthou, Mello,
                                     Walker, Woodards, and Mayor Strickland.
Council Members Absent:          0

The Flag Salute was led by Council Member Woodards.
Deputy Mayor Walker requested to devote the Moment of Silence to the Chinese
Reconciliation Park and what it brings to Chinese families in Tacoma and abroad.

ITEMS FILED IN THE OFFICE OF THE CITY CLERK
a. Minutes of the Economic Development Committee, January 25, 2011.
b. Minutes of the Neighborhoods and Housing Committee, December 20, 2010.
c. Minutes of the Tacoma Arts Commission, January 10,2011.
d. Minutes of the Tacoma-Pierce County Board of Health, January 19, 2011.
e. Board of Ethics 2010 Year-End Report.
f.   Economic Development Committee 2010 Year-End Report.
g. Neighborhoods and Housing Committee 2010 Year-End Report.
h. Public Safety, Human Services, and Education Committee 2010 Year-End Report.

                      CONSENT AGENDA
Approval of the minutes of the City Council study session of January 25, 2011; meetings
of January 25 and February 1, 2011; and Committee of the Whole of January 18, 2011.




                                                                                               22
                                          City Council Minutes - Page 2 - February 15, 2011


  FINAL READING OF ORDINANCES
   Ordinance No. 27916
   Amending Chapter 13.06 of the Municipal Code to reclassify the property located at
  ·3602 North Narrows Drive from an "R-1 VSD" Single-Family Dwelling View-Sensitive
 , District to an "R-2 PRO VSD" Single-Family Dwelling Planned Residential Development
   View-Sensitive District, for the development of "Narrows Vassault Overlook", a 62-unit
   residential retirement community. (Vassault Overlook, LLC;
   File No. REZ2010-40000141405)
         Deputy Mayor Walker moved to adopt the Consent Agenda, including Ordinance
  No. 27916. Seconded by Council Member Lonergan. Voice vote was taken and carried
  on the Consent Agenda, including the Final Reading of Ordinance No. 27916.
  The Consent Agenda was declared adopted.

  PROCLAMATIONS, RECOGNITIONS, PRESENTATIONS, AND
  ANNOUNCEMENTS
  Mayor Strickland proclaimed February 17, 2011, as "Tacoma Council of Parent Teacher
  Association Day" and presented the proclamation to Ms. Janet Stewart, Council President;
  Ms. Connie Rickman, Committee member; and Ms. Marilyn Beale and Ms. Sue Linden,
  Board members.

  PUBLIC COMMENT
  This is the time set aside for public comment on items on the agenda. Speakers are
  asked to identify the specific agenda items they wish to address and comments will be
  limited to up to five minutes per person. Comments will not be accepted on Ordinances
  or Communication Items forwarded to the City Council by the Hearing Examiner for
  which a public hearing has already been held. On tonight's agenda that includes
  Ordinance No. 27916.
  Public Comment began at 5:14 p.m.
  Speaking before Council:
     Name             Address/Affiliation                          Subject
                             th
     Allen Douglass   2314 70 Avenue West, University Place        Resolution   No. 38199
     Keith Stone      2601 East 0 Street                           Resolution   No. 38198
                                                                   Item No.1
     Jim Merritt      3201 North Madison Street                    Resolution   No. 38198
                                                                   Item No.1
     Darrel Bowman    6208 North 24th Street                       Resolution   No. 38198
                                                                   Item No.1
     Stan Selden      President of the Tacoma Waterfront           Resolution   No. 38198
                      Association                                  Item No.1
  Public Comment closed at 5:25 p.m.




23
                                         City Council Minutes - Page 3 - February 15, 2011


                     REGULAR AGENDA
       Deputy Mayor Walker moved to authorize the City's offer of judgment in the
matter of Anthony and Britt Gordon v. City of Tacoma, Pierce County Superior Court
Cause No. 06-2-06865-9, in the amount of $60,000, plus attorney fees to date, which
are approximately $33,000. Seconded by Council Member Lonergan. Voice vote was
taken and carried. The motion was declared adopted.

                              ****************************************

RESOLUTIONS
Purchase Resolution No. 38198
Awarding contracts to:
1. Clements Brothers, Inc., in the amount of $250,000.00, plus sales tax, for a cumulative
   total of $1 ,256,862.09, budgeted from the Capital Projects Fund, to increase the
   contract to complete the construction of the Chinese Pavilion "Fuzhou Ting" -
   Specification No. PW08-0907F; (Continued from February 8,2011)
2. Quigg Bros., Inc., on its bid of $2,580,830.00, sales tax not applicable, plus a
   10 percent contingency, for a cumulative total of $2,838,913.00, budgeted from the
   Streets Special Revenue Fund, for the Lincoln Avenue Bridge Rehabilitation and
   Painting project - Specification No. PW1 0-0018F; and
3. Aspen Equipment Company, on its bid of $257,609.00, plus sales tax, budgeted
   from the Public Works Tacoma Rail Mountain Division Fund, for a track
   maintenance vehicle with high rail gear, crane, and flatbed to conduct maintenance
   and repairs on the Tacoma Mountain Rail Line - Specification No. PW10-0815F.
      Deputy Mayor Walker moved to adopt Purchase Resolution No. 38198.
Seconded by Council Member Lonergan. Voice vote was taken and carried. The
Purchase Resolution was declared adopted.

Resolution No. 38199
Authorizing the execution of an agreement with Pierce Transit, in the amount
of $359,329.10, budgeted from the General Fund, for the purchase of the One Regional
Card for All business cards, passports, and other products that will be part of the City's
Commute Trip Reduction Program for the year 2011.
       Deputy Mayor Walker moved to adopt Resolution No. 38199. Seconded by
Council Member Lonergan. Voice vote was taken and carried. The Resolution was
declared adopted.




                                                                                             24
                                               City Council Minutes - Page 4 - February 15, 2011


 Resolution No. 38200
 Authorizing the execution of a Memorandum of Agreement with the Professional
 Public Safety Managers Association to delay implementation of a portion of the
 2009-2011 collective bargaining agreement until May 1, 2011.
            Deputy Mayor Walker moved to adopt Resolution No. 38200. Seconded by
     Council Member Lonergan. Voice vote was taken and carried. The Resolution was
     declared adopted.

     PUBLIC HEARINGS AND APPEALS
     This is the date set for a public hearing by the City Council to consider the submittal of an
     application to the United States Department of Housing and Urban Development for a
     $3,904,000 Section 108 loan to Horizon Holdings I, LLC, to assist with tenant
     improvements for Total Renal Care, Inc., dba DaVita; and amending the 2010-2015
     Consolidated Plan for Housing and Community Development to include this activity.
     The public hearing began at 5:35 p.m.
     Speaking before Council:
              Name              Address/Affiliation
       Eric Cederstrand         1201 Pacific Avenue, Suite 1502
 The public hearing was declared closed at 5:41 p.m.

     UNFINISHED BUSINESS
     None.

     REPORTS BY THE CITY MANAGER
     No report.

     COMMENTS AND COMMITTEE REPORTS OF THE CITY COUNCIL
     Public Safety. Human Services, and Education Committee
 Council Member Woodards stated there have been two meetings since her last report
 and during those meetings the Committee heard updates on Coalition HUMAnE's Trap,
 Neuter, Return, and Monitor program; access to health care in Tacoma; and contract
 changes for the Tacoma-Pierce County Health Department and the Tacoma Urban
 League. She then stated the next meeting will be on February 24,2011, at 4:30 p.m.,
 in Conference Room 248, and will include an update on the Fire Department's Station 5
 Project.

                                ****************************************

 Deputy Mayor Walker stated there is a joint art project between the Broadway Center
 and the Lakewood Playhouse taking place this weekend at the Broadway Center
 entitled "My Name Is Asher Lev," and invited citizens to attend. She then noted


25
                                          City Council Minutes - Page 5 - February 15, 2011


original oil paintings by Bo Bartlett about the story will be shown in the gallery during
Thursday's ArtWalk.

Council Member Boe stated the Economic Development and the Environment and
Public Works Committees will be holding a joint meeting to discuss the Shoreline Master
Program on Wednesday, February 23, 2011, at 4:30 p.m. in Conference Room 16.

Mayor Strickland announced IGA will be opening a grocery store in downtown Tacoma
this summer.

       On proper motion, the meeting was adjourned at 5:48 p.m.




                                                 MARILYN STRICKLAND, MAYOR



ATTEST: _______________________________
             DORIS SORUM, CITY CLERK




                                                                                            26
                      City Council Minutes
                                    http://www.cityoftacoma.org
          City Council Chambers, 747 Market Street, First Floor, Tacoma, Washington 98402



                                                               February 22,2011 - 5:00 p.m.
The meeting was called to order at 5:07 p.m.

Council Members Present:         8 - Boe, Campbell, Fey, Lonergan, Manthou, Mello,
                                     Woodards, and Mayor Strickland.
Council Members Absent:          1 - Walker.

The Flag Salute was led by Council Member Boe.
Moment of Silence.

ITEMS FILED IN THE OFFICE OF THE CITY CLERK
a. Minutes of the Environment and Public Works Committee, January 26,2011.
b. Minutes of the Government Performance and Finance Committee,
   January 19, 2011.
c. Minutes of the Public Safety, Human Services, and Education Committee,
   January 27, 2011.
d. Minutes of the Tacoma Planning Commission, January 5 and 19, 2011.
e. Biennial Budget, City of Tacoma, 2011-2012.
f.   Capital Facilities Program, 2011-2016.


                      CONSENT AGENDA

RESOLUTIONS
Resolution No. 38201
Authorizing the submittal of an application to the United States Department of Housing
and Urban Development for a Community Development Block Grant Section 108
Guarantee loan, in the amount of $3,904,000 to Horizon Holdings I, LLC, to assist with
tenant improvements and refinancing for the property located at 1441 Court A occupied
by DaVita.




                                                                                              27
                                         City Council Minutes - Page 2 - February 22, 2011


FINAL READING OF ORDINANCES
Ordinance No. 27918
Amending Cha~ter 13.06 of the Municipal Code to reclassify the property located at
1101 South 281 Street from an "R-2" Single-Family Dwelling District to a "C-1" General
Neighborhood Commercial District, for the development of a 20-stall parking lot to serve
Evergreen Fire and Security. (Evergreen Fire and Security;
File No. REZ2010-40000142259)

Ordinance No. 27949
Amending Chapter 13.06 of the Municipal Code to reclassify the property located
at 5201 and 5205 Pacific Avenue, from an "R-4" Multiple-Family Dwelling District to a
"C-2" General Community Commercial District, to allow for the construction of a
commercial retail and office building with associated parking.
(Greta Aitken; File No. REZ2010-40000148535)
      Council Member Fey moved to adopt the Consent Agenda, including Resolution
No. 38201, and Ordinance Nos. 27918 and 27949. Seconded by Council Member
Lonergan.
Voice vote was taken and carried on the Consent Agenda, including Resolution
No. 38201, and the Final Reading of Ordinance Nos. 27918 and 27949.

The Consent Agenda was declared adopted.

PROCLAMATIONS, RECOGNITIONS, PRESENTATIONS, AND
ANNOUNCEMENTS
Mayor Strickland proclaimed February 26, 2011, as "Tacoma Concert Band Day" and
presented the proclamation to Mr. Robert Musser, Tacoma Concert Band Conductor.

                            ****************************************
Mayor Strickland introduced Mr. Erik Hanberg, Chair of the Tacoma Reads Together
Committee, who announced the next book for the Tacoma Reads Together Program is
"The Boy Who Harnessed the Wind" by William Kamkwamba.




28
                                        City Council Minutes - Page 3 - February 22,2011


PUBLIC COMMENT
This is the time set aside for public comment on items on the agenda. Speakers are
asked to identify the specific agenda items they wish to address and comments will be
limited to up to five minutes per person. Comments will not be accepted on Ordinances
or Communication Items forwarded to the City Council by the Hearing Examiner for
which a public hearing has already been held. On tonight's agenda that includes
Ordinance Nos. 27918 and 27949.
Public Comment began at 5:20 p.m.
Speaking before Council:
       Name            Address/Affiliation                       Subject
 Troy Goodman          Sound Refining                            Ordinance No. 27974
 Mark Van Cooney       Tacoma Regional Convention &              Resolution No. 38204
                       Visitor Bureau
 Timothy Smith         Tacoma Outreach Center                    Resolution No. 38201
Public Comment closed at 5:27 p.m.


                    REGULAR AGENDA
APPOINTMENTS
Resolution No. 38202
Removing the appointment of Council Member Woodards, and appointing Council
Member Mello to serve on the Government Performance and Finance Committee.
       Council Member Fey moved to adopt Resolution No. 38202. Seconded by
Council Member Lonergan. Voice vote was taken and carried. The Resolution was
declared adopted.

RESOLUTIONS
Purchase Resolution No. 38203
Awarding a contract to:
Western Peterbilt, Inc., in the amount of $284,097.86, plus sales tax, budgeted from the
Solid Waste Fund, for the one-time purchase of an automated side loader collection
vehicle with a hydraulic launch assist system - Sole Source.
      Council Member Fey moved to adopt Purchase Resolution No. 38203.
Seconded by Council Member Lonergan. Voice vote was taken and carried.
The Purchase Resolution was declared adopted.




                                                                                           29
                                           City Council Minutes - Page 4 - February 22,2011


 Resolution No. 38204
 Authorizing the execution of a two-year agreement with the Tacoma Regional
 Convention & Visitor Bureau, in the amount of $700,000, budgeted from the Convention
 Center Operating Fund, to assist in furthering the City's convention and tourism industry
 through 2012.
        Council Member Fey moved to adopt Resolution No. 38204. Seconded by
 Council Member Lonergan. Voice vote was taken and carried. The Resolution was
 declared adopted.

 Resolution No. 38205
 Declaring surplus and authorizing the negotiated disposition of approximatel~
 18,000 square feet of city-owned open space land located at 1101 South 28 h Street, to
 3215 Building, LLC, in the amount of $54,000, for the future expansion of its business.
        Council Member Fey moved to adopt Resolution No. 38205. Seconded by
 Council Member Lonergan. Voice vote was taken and carried. The Resolution was
 declared adopted.
                              ****************************************
        Council Member Fey moved to suspend the rules to consider an additional
 resolution, Resolution No. 38206, at this time. Seconded by Council Member Lonergan.
 Voice vote was taken and carried. The motion was declared adopted.

 Resolution No. 38206
 Pledging to restore civility to our communities by exhibiting and encouraging the kinds of
 personal qualities that are emblematic of a civil society; and endorsing the Civility Accord
 adopted by the United States Conference of Mayors on January 19, 2011.
        Council Member Fey moved to adopt Resolution No. 38206. Seconded by
 Council Member Lonergan. Voice vote was taken and carried. The Resolution was
 declared adopted.

 FIRST READING OF ORDINANCES
 Ordinance No. 27973
 Amending Title 1 of the Municipal Code, relating to the Code of Ethics, by repealing and
 reenacting Chapter 1.46 in its entirety.
 The Ordinance was set over for final reading next week.

 Ordinance No. 27974
 Granting the nonexclusive right, privilege, and authority through a limited franchise to
 Sound Pipeline Company, LLC, to install four petroleum product pipelines within the
 East 11 th Street right-of-way as part of their Renewable Fuels Expansion Project,
 contingent upon approval of all applicable permits.
 The Ordinance was set over for final reading on March 22, 2011.



30
                                          City Council Minutes - Page 5 - February 22,2011


UNFINISHED BUSINESS
None.


REPORTS BY THE CITY MANAGER
Deputy City Manager Rey Arellano recognized Management Fellow Shane Pettit for his
dedication and service to the City of Tacoma during the 21 months. He stated Mr. Pettit
has completed his internship which involved serving as the City Manager's representative,
attending various Neighborhood Councils, and working on special projects; then listed
some of the projects Mr. Pettit contributed to. Mr. Arellano congratulated Mr. Pettit on his
promotion to Management Analyst in the City's Solid Waste Division.


COMMENTS AND COMMITTEE REPORTS OF THE CITY COUNCIL
Economic Development Committee
Council Member Manthou reported on the meetings of January 25, February 8, and
February 22, 2011. He stated during these meetings the Committee discussed and made
recommendations on the Tacoma Regional Convention & Visitors Bureau, amendments
to the Tourism Promotion Area interlocal agreement, and the potential sale of surplus
City property. He then stated the Committee also received updates on the state of
Tacoma's economy and the Shoreline Master Program. Council Member Manthou stated
there will be a joint meeting with the Environment and Public Works Committee tomorrow
in Conference Room 16 to receive public comment related to the Shoreline Master
Program. He then stated the Committee's next regularly scheduled meeting is
March 8, 2011, at 3:00 p.m. in Conference Room 248 to discuss the Billboard Sign Code
and options for recommending elimination of parking requirements with new development
downtown and in mixed-use centers.

                             ****************************************
Council Member Campbell stated he is hosting a community conversation tomorrow, at
6:00 p.m. at the Community Center on Portland Avenue, about short- and long-term
goals for how food delivery services are provided in the McKinley Hill and eastside
neighborhoods, and invited everyone to attend.

Mayor Strickland announced that the 2010 City of Tacoma's Report to Citizens is now
published and available online at www.cityoftacoma.org/performance, and provides an
overview of the City government's efforts to achieve the City Council's strategic goals.

She then reminded everyone the Sister Cities International Film Festival is being held at
the Blue Mouse Theatre every Thursday from February 17 through April 7, 2011, and
features films from Tacoma's sister cities around the world. She noted tickets are
$10 each, the films begin at 7:00 p.m., and more information is available at
www.sistercityfilmfest.org.

                             ****************************************




                                                                                             31
                                      City Council Minutes - Page 6 - February 22, 2011




       Council Member Fey moved to excuse Deputy Mayor Walker from the meeting.
 Seconded by Council Member Lonergan. Voice vote was taken and carried. The motion
 was declared adopted.


       On proper motion, the meeting was adjourned at 6:12 p.m.




                                             MARILYN STRICKLAND, MAYOR




 ATTEST: ______________________________
              DORIS SORUM, CITY CLERK




32
 City Council Special Meeting Minutes
                                     http://www.cityoftacoma.org
                                             Olympia, WA

                                                                                 February 16, 2011


Date:                           Wednesday, February 16, 2011

Time:                           6:30 p.m.

Location:                       Anthony's HomePort, 704 Columbia St NW, Olympia, WA

Council Members Present:         Mayor Marilyn Strickland, and Council Members David Boe,
                                 Marty Campbell, Jake Fey, Joe Lonergan, Spiro Manthou,
                                 Ryan Mello, and Victoria Woodards.

Other Attendees:                 Senator Debbie Regala; Senator Steve Conway; Representative
                                 Jeannie Darneille; Representative Troy Kelley; Representative
                                 Laurie Jinkins; Government Relations Officer Randy Lewis;
                                 Government Relations Coordinator Alisa O'Hanlon; and
                                 Briahna Taylor, Gordon Thomas Honeywell Governmental Affairs.

Due to traffic congestion as a result of an accident on Interstate 5 (1-5), most guests arrived later
than the scheduled start time of 6:30 p.m. Guests sat for dinner at approximately 7:15 p.m.

At approximately 8:30 p.m., Mayor Strickland briefly addressed the attendees, and discussed
topics currently under discussion in the State Legislature such as the priority to Tacoma of
funding the Washington State History Museum, the importance of making medical cannabis
available to patients who need it, and providing to local governments funding options and
flexibility. Mayor Strickland invited each legislator to also make brief comments.

Senator Conway noted the challenges of the state budget and the importance of bi-partisanship.

Senator Regala noted budget challenges and importance of not shifting state responsibilities to
local government while also reducing the amount of state funding provided to local government.

Representative Kelley noted the importance of Pierce County legislators working together to
move important Pierce County issues forward such as high-occupancy lanes on 1-5.

Representative Darneille commented briefly on the importance of the General Assistance
Unemployable (GAU) program, one-tenth of one percent tax for mental health, and Temporary
Assistance for Needy Families (TANF).

Representative Jinkins commented briefly on the work of the House Transportation Committee,
including State Route 167 in a transportation revenue package, if such a package is developed,
her support for a community healthcare facility in Tacoma's Hilltop, and addressing the
Tacoma/Pierce County deSignation as nonattainment for air quality.

                                                                                                    33
     City Council Special Meeting Minutes                                       Page 2
     February 16, 2011




     The meeting ended at approximately 9:00 p.m.




                                                    MARILYN STRICKLAND, MAYOR




     ATTEST: ______________~--------------
                 DORIS SORUM, CITY CLERK




34
                       Req.#12856


                                          RESOLUTION NO.                         38212
                   1
                       A RESOLUTION relating to the vacation of City property; setting a public
                   2        hearing before the City of Tacoma Hearing Examiner on the petition of
                   3
                            Maik and Alison Darley to vacate an 80-foot-wide portion of Hill Street,
                            lying southwesterly of Waterview Street for general use and to increase
                   4        petitioner's yard area.

                   5            WHEREAS Maik and Alison Darley, having received the consent of the

                   6   owners of more than two-thirds of the properties abutting an 80-foot-wide

                   7   portion of Hill Street, lying southwesterly of Waterview Street, described as

                   8   follows:

                   9                     That portion of Hill Street lying southeasterly of
                                         Block 4 as contained within the plat of
                  10                     WALLACES ADDITION TO TACOMA CITY, as
                  11                     recorded in Volume 1 of Plats at Page 61,
                                         records of Pierce County Auditor.
                  12
                                         All lands situate in the Northeast Quarter of
                  13                     Section 25, Township 21 North, Range 2 East,
                                         W.M.
                  14
                       have petitioned for the vacation of the aforesaid property; Now, Therefore,
                  15

                  16            BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:

                  17            Section 1. That Thursday, April 7, 2011, at 9:30 a.m., is hereby fixed as

                  18   the date and time and the Council Chambers on the first floor of the Tacoma
                  19
                       Municipal Building, 747 Market Street, in the City of Tacoma, as the place when
                  20
                       and where said request will be heard by the Hearing Examiner and his
                  21
                       recommendations thereafter transmitted to the Council of the City of Tacoma.
                  22

                  23

                  24

                  25

                  26

                                                               -1-
                       Res 12856.doc-JHCliad
                                                                                                            35
LEG 004 (11/89)
                                  Section 2. That the Clerk of the City of Tacoma shall give proper notice
                    1
                        of the time and place of said hearing.
                    2
                        Adopted _ _ _ _ __
                    3

                    4
                                                                    Mayor
                    5   Attest:
                    6

                    7
                        City Clerk
                    8

                    9   Location:   Vacate an aO-foot-wide portion of Hill Street, lying
                                    southwesterly of Waterview Street
                   10
                        Petitioner: Maik and Alison Darley
                   11   Vacation Request File No. 124.1321

                   12
                        Approved as to form:                        Property description approved:
                   13

                   14

                   15

                   16

                   17

                   18

                   19

                   20

                   21

                   22

                   23

                   24

                   25

                   26
                  36                                         -2-
                        Res 12856.doc-JHC/lad


LEG 004 (11/89)
                                                                                                                            CITY CLERK USE ONLY


                                             REQUEST FOR
                                      D ORDINANCE [gJ RESOLUTION'

1. DATE: MARCH 1, 2011
2. SPONSORED By: COUNCIL MEMBER(S) liN/A"

   3a. REQUESTING                                                      4a. CONTACT (for questions):          PHONE:
       DEPARTMENTIDIVISION/PROGRAM                                         Troy Stevens                      253.591.5535
       PW/FACILITIESIREAL PROPERTY
   3b. "Do PASS" FROM
                                                                       4b. Person Presenting:                PHONE:
          DYes
          [gJ No                                                           Troy Stevens                      253.591.5535
          D To Committee as information only                            4c. ATTORNEY:                        PHONE:
          [gJ Did not go before a Committee                                JeffCapeU                         253.591.5638
   3c. DID THIS ITEM GO BEFORE THE




                                                                         Robert K. Biles, Finance Director

    5. REQUESTED COUNCIL DATE: MARCH 8, 2011
    6. SUMMARY AGENDA TITLE: (A concise sentence, as it will appear on the Council agenda.
          Setting Thursday, April 7, 2011, at 9:30 AM as the date and time for a hearing before the Hearing
          Examiner to request the vacation of an 80 foot wide portion of Hill Street lying southwesterly of
          Waterview Street for general use and to increase the yard area.
    7. BACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal
          requirements? What are the viable alternatives? Who has been involved in the process?)
          A petition has been filed by Maik and Alison Darley (File No. 124.1321) requesting this vacation,
          Therefore, a hearing date must be set in accordance with RCW 35.79.010, which states in part:
                           The legislative authority by Resolution shall fix a time when the petition will be heard and
                           determined by such authority or a committee thereof, which time shall not be more than sixty
                           days nor less than twenty days after the date of the passage of such resolution.
   8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED:
                                  Source Documents/Backup Material                                    Location of Document
                                                 Petition Jacket                                      City Clerk's Office




   9. WHICH OF THE CITY'S STRATEGIC GOALS DOES THIS ITEM SUPPORT? (CHECK ALL THAT APPLY)
                                                  A.    D A SAFE, CLEAN AND ATTRACTIVE COMMUNITY
                                                  B.   [gJ     A DIVERSE, PRODUCTIVE AND SUSTAINABLE ECONOMY

                                                  C.    D      A HIGH-PERFORMING, OPEN AND ENGAGED GOVERNMENT




                                                                                                                                                   37
cotclerk \forlll 5 \ ReqllestResoilitioll Ordi11l1ll ce. doc                                                          Office of the City Clerk (02/20/2009)
                                                                                                                                                 ,
                                                                                                                     CITY CLERK USE ONLY
REQUEST (CONT)
                                                                                                        Request #:
                                                                                                        Ord/Res #: .
                                                                                                                     I     12- &'S G
                                                                                                                            38212
                                                                                                                                                     I
                                                                                                                                                     .
 10. IF THIS CONTRACT IS FOR AN AMOUNT LESS THAN $200,000, EXPLAIN WHY IT NEEDS LEGISLATIVE APPROVAL:
         This action only sets the date of the hearing before the Hearing Examiner. The city will receive
         compensation for the vacation of the right of way. Financial information about the transaction will be
         provided in the subsequent vacation ordinance.

 11. FINANCIAL IMPACT:                             o      EXPENDITURE         o REVENUE
                                              A. ~ No IMPACT (NO FISCAL NOTE)
                                              B. 0        YES, OVER $100,000, Fiscal Note Attached
                                              C. 0        YES, UNDER $100,000, (NO FISCAL NOTE)
                                                          Provide funding source information below:

         FUNDING SOURCE: (Enter amount offunding from each source)
           Fund Number & Name:                        State $           City $             Other $             Total Amount


            If an expenditure, is it budgeted?                    0   Yes   0    No    Where? Cost Center:
                                                                                                      Acct#:




  38
cotclerk \forllls \ ReqllestResoilitiollOrdillallce.doc                                                        Office of tile City Clerk (02/20/2009)
                                                        38212




                   MAIK & ALISON DARLEY
                STREET VACATION NO. 124.1321
A PORTION OF HILL STREET SOUTHWESTERLY OF WATERVIEW STREET
                   NE1/4 SEC. 25, T21 N, R2E
                       NOT TO SCALE



                                                                39
                                                                                                                             38212




                ,,,
  o         /
 9320000070           '




                                                                                                        93io000020



                                                      Proposed                                                                            , "',
                                                    Vacation Area
                                                             .'~.
                                                        ~.          ~,




                                                                                                                                      7
                                      /
                           'it   //

                           //~;2S.06D09;>~
                          //              ... ,'"   ~




        ,
)00350 ,~
        ,
        ,
        ,

                                                                            MAIK & ALISON DARLEY
                                                                         STREET VACATION NO. 124.1321
                                                                                                        r    5   ()
                                                                                                                     5205000320
                                                                                                                                  l
                           A PORTION OF HILL STREET SOUTHWESTERLY OF WATERVIEW STREET
                                                                            NE1/4 SEC. 25, T21 N, R2E
                                                                                NOT TO SCALE



        40
                       Req.#12861


                                               RESOLUTION NO.                38213
                   1   A RESOLUTION relating to economic development; authorizing the execution of
                            an Amendment to the Interlocal Agreement for Establishment of Pierce
                   2        County Tourism Promotion Area to resolve ambiguity in the language
                            relating to the supplanting of funds.
                   3
                                WHEREAS chapter 35.101 RCW authorizes counties to establish
                   4

                   5   tourism promotion areas to permit the levy of special assessments to be

                   6   expended exclusively for tourism promotion, and

                   7            WHEREAS, in March 2009, the operators of lodging businesses located
                   8
                       within Pierce County ("County") presented an initiation petition to the Pierce
                   9
                       County Council ("County Council") seeking to have the County Council
                  10
                       establish a Pierce County Tourism Promotion Area ("TPA"), and
                  11
                                WHEREAS, on October 13, 2009, the Tacoma City Council adopted
                  12

                  13   Resolution No. 37886, and on November 24, 2009, the County Council adopted

                  14   Resolution No. R2009-119, both authorizing the execution of an interlocal

                  15   agreement ("Agreement") with the cities of DuPont, Fife, Gig Harbor,
                  16
                       Lakewood, Puyallup, Sumner, and Tacoma (collectively the "Parties") with the
                  17
                       County establishing a TPA to include the collection of special assessments
                  18
                       from lodging businesses within their respective jurisdictions, and
                  19

                  20            WHEREAS the County is requesting an amendment to the Agreement to

                  21   clear up ambiguity in the language related to supplanting funds, and

                  22            WHEREAS the term "supplant" has specific rules under state law that
                  23   are having unintended consequences in fund distribution, accounting, and
                  24
                       auditing, and
                  25

                  26


                       Res 12861.doc-JHC/lad
                                                              - 1-
                                                                                                        41
LEG 004 (11/89)
                                 WHEREAS the County has had several conversations with the state
                    1
                        auditor about the administration of the fund, and the Auditor's Office has
                    2
                    3   generously assisted in implementing the program, and

                    4            WHEREAS the Hotel Commission is aware that the County is asking for

                    5   this change, and
                    6            WHEREAS, to correct the ambiguity, the amendment will delete the phrase,
                    7
                        "and are not intended to supplant existing funding," in Section 7, paragraph E, of
                    8
                        the Agreement, and
                    9
                                 WHEREAS the proposed amendment was presented to the Economic
                   10

                   11   Development Committee on February 22,2011, and received a "do pass"; Now,

                   12   Therefore,

                   13            BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:
                   14
                                 That the proper officers of the City are hereby authorized to execute an
                   15
                        amendment to the Interlocal Agreement for Establishment of Pierce County
                   16
                        Tourism Promotion Area to resolve ambiguity in the language relating to the
                   17
                        supplanting of funds, said document to be substantially in the form of the proposed
                   18

                   19   amendment on file in the office of the City Clerk.

                   20   Adopted
                                                                   Mayor
                   21   Attest
                   22

                   23   City Clerk

                   24

                   25

                   26

                  42    Res 12861.doc-JHC/Jad
                                                                 -2-


LEG 004 (11/89)
                                                                                                        CITY CLERK USE ONLY


                                       REQUEST FOR
                                D ORDINANCE [ZI RESOLUTION
1. DATE: February 10, 2011
2. SPONSORED By: COUNCILMEMBER(S) NIA (If no sponsor, enter "N/A")

   3a. REQUESTING                                     4a. CONTACT (for questious):        PHONE:
       DEPARTMENTIDIVISIONIPROGRAM                        Ryan Petty                      253-591-5139
       Community & Economic
       Development
   3b. "Do PASS" FROM Economic                        4b. Person Presenting:              PHONE:
       Development Committee                              Ryan Petty                      253-591-5139
        ~Yes
       DNo
       D To Committee as information only             4c. ATTORNEY:                       PHONE:
       D Did not go before a Committee                                                    253-591-5638
   3c. DID THIS ITEM GO BEFORE THE                       Jeff Capell
       PUBLIC UTILITY BOARD?
       D Yes, on
       [ZI Not required / \                                                                                                   A

           ~L~n
                                                                                                                              ~
                                                             N/A
                                                        Budget OfficerlFiuance Director      ~   ~
                                                                                                                               'es--

   5. REQUESTED COUNCIL DATE: March 8, 2011

   6. SUMMARY AGENDA TITLE: (A concise sentence, as it will appear on the Council agenda.)
        Authorizing execution of an amendment to the Interlocal Agreement for establishment of Pierce County
        Tourism Promotion Area to resolve ambiguity in language.

   7. BACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal
        requirements? What are the viable alternatives? Who has been involved in the process?)
        In November, 2009 Pierce County Council approved Resolution No. R2009-119 which authorized the
        County Executive to enter into an Interlocal Agreement with the cities of DuPont, Fife, Gig Harbor,
        Lakewood, Puyallup, Sumner and Tacoma for the establishment of a Pierce County Tourism Promotion
        Area (TPA) pursuant to RCW 35.101. This RCW authorizes the levy of special assessments to fund
        tourism promotion upon receipt of a petition requesting the creation of a TPA from people who represent
        the hotel rooms that would be subject 0 the special assessment. Pierce County received such a petition
        that was signed by individuals representing at least 60% of the hotel rooms within the TPA area. The
        Interlocal Agreement was approved by Tacoma City Council in October, 2009. The County has
        requested an amendment to the agreement to clear up ambiguity in the language related to supplanting
        funds. The term "supplant" has specific rules under State law that are having unintended consequences
        in fund distribution, accounting, and auditing. The County has had several conversations with the State
        Auditor about the administration of the fund and the Auditor's Office has generously assisted in
        implementing the program. The Hotel Commission is aware that the County is asking for this change. To
        correct the ambiguity, the amendment will delete the phrase "and are not intended to supplant existing
        funding" in Section 7, paragraph E of the TPA Agreement.

        This topic is scheduled to come before the Economic Development Committee on February 22, 2011.



                                                                                                                              4-3
cotclerk \jonus \ ReqllestResollltion Ordinance.doc                                              Office of the Citlj Clerk (01/07/2011)
                                                                                                                         CITY CLERK USE ONLY
REQUEST (CONT)
                                                                                                             Request#:   !12-81.e./ !
                                                                                                                            380213
                                                                                                             OrdlReS#:: ......•


   8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED:
                            Source Documents/Backup Material                                    Location of Document
                   Pierce County Resolution R2009-119                                City Clerk's   Office
                   Interlocal Agreement                                              City Clerk's   Office
                   Amendment to Interlocal Agreement                                 City Clerk's   Office
                   Resolution 37886                                                  City Clerk's   Office

   9. WHICH OF THE CITY'S STRATEGIC GOALS DOES Tms ITEM SUPPORT? (CHECK THE GoAL THAT BEST ApPLIES)
                                           A. D A SAFE, CLEAN AND ATTRACTIVE COMMUNITY
                                           B. ~ A DIVERSE, PRODUCTIVE AND SUSTAINABLE ECONOMY
                                          C. D        A HIGH-PERFORMING, OPEN AND ENGAGED GOVERNMENT


 10. IF Tms CONTRACT IS FOR AN AMOUNT OF $200,000 OR LESS, EXPLAIN WHY IT NEEDS LEGISLATIVE APPROVAL:
        Amendment of agreement previously approved by Council.

 11. FINANCIAL IMPACT:                         D      EXPENDITURE           D   REVENUE


                                          A. ~ No IMPACT (NO FISCAL NOTE)
                                          B. D YES, OVER $100,000, Fiscal Note Attached
                                          C. D        YES, UNDER $100,000, (NO FISCAL NOTE)
                                                      Provide funding source information below:


        FUNDING SOURCE: (Enter amount of funding from each source)
          Fund Number & Name:                      State $          City $                 Other $                  Total Amount


           If an expenditure, is it budgeted?                 DYes      D       No     Where? Cost Center:
                                                                                                        Acct#:




      44

cotclerk \jomlS \ ReqllestResolutiollOrdinallce.doc                                                                Office of tlte Citlj Clerk (01/07/2011)
-.  ~~~
   ~trt
        .




Thcoma City of Tacoma
                                                                                 Memorandum


TO:            Eric Anderson, City Manager

FROM:          Ryan Petty, Director     !?f;.jf/JA /a~
               Community and Economic De:eroP~:n{itie~~ent

SUBJECT:       Proposed Amendment to the Interlocal Agreement for Establishment of the
               Pierce County Tourism Promotion Area, Request No. 12861 on Council's
               March 8, 2011, Agenda

DATE:          March 1,2011


Background

The proposed amendment would remove language from the above referenced agreement
which Council authorized be executed in its meeting of October 13, 2009. The specific
language is a phrase indicating that the agreement was "not intended to supplant existing
funding."

Because the language has been found by the State Auditor to be ambiguous, it has proven
difficult to administer, requiring segregation of old and new funding, pre- and post-agreement.
For the future, administration will become more difficult, the effect of compounding of
complexity over time.

Pierce County, as the party administrating the agreement and responsible for accounting for the
funds, has requested this amendment, urged forward by their Director of Economic
Development, Denise Dyer. All funding partners, including the Hotel Commission (advisory to
Pierce County and consisting primarily of representatives of the Hotel community who are
assessed the relevant fees) remain committed to the agreement and to the continued funding
of the Tacoma-Pierce County Convention and Visitors Bureau.

Recommendation

The authorization to amend the agreement received a "do pass" from the Economic
Development Committee on February 22, 2011.




                                                                                                  45
                                         RESOLUTION NO.                         38214
                   1   A RESOLUTION related to the purchase of materials, supplies or equipment,
                   2        and the furnishing of services; authorizing the appropriate City officials to
                            enter into contracts and, where specified, waiving competitive bidding
                   3        requirements, authorizing sales of surplus property, or increasing or
                            extending existing agreements.
                   4
                              WHEREAS the City has complied with all applicable laws governing the
                   5

                   6   acquisition of those supplies, and/or the procurement of those services,

                   7   inclusive of public works, set forth in the attached Exhibit "A," which Exhibit is

                   8   incorporated herein as though fully set forth, and
                   9
                              WHEREAS the Board of Contracts and Awards has reviewed the
                  10
                       proposals and bids received by the City, and the Board has made its
                  11
                       recommendation as set forth in Exhibit "A," and
                  12
                              WHEREAS the Board of Contracts and Awards has also made its
                  13

                  14   recommendations as to entering into purchasing agreements with those

                  15   governmental entities identified in Exhibit "A"; Now, Therefore,

                  16          BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:
                  17
                              That the Council of the City of Tacoma does hereby concur in the
                  18
                       findings and recommendations of the Board of Contracts and Awards set forth
                  19
                       in the attached Exhibit "A," and does hereby approve and authorize the:
                  20
                              (X) A. Procurement of those supplies, services, and public works
                  21

                  22   recommended for acceptance in the attached Exhibit "A";

                  23          ( ) B. Rejection of those bids and/or proposals that are recommended
                  24
                       for rejection in the attached Exhibit "A";
                  25

                  26


                                                                    -1-
                                                                                                            46
LEG 004 (11/89)
                                 ( ) C. Entry into the proposed purchasing agreement with those
                   1
                       governmental entities identified in the attached Exhibit "A," which proposed
                   2

                   3   agreement is on file in the office of the City Clerk;

                   4             ( ) D. Waiver of competitive bidding procedures in those instances, as

                   5   set forth in Exhibit "A," in which it is impracticable to obtain supplies or public
                   6
                       works improvements by competitive bid, or in those instances in which supplies
                   7
                       and/or public works are available from a single source.
                   8

                   9   Adopted _ _ _ _ _ _ __
                  10

                  11

                  12                                               Mayor
                       Attest:
                  13

                  14
                       City Clerk
                  15

                  16   Approved as to form:
                  17

                  18   fh~P- /Jitdt:'
                       Deputy City Attorney
                  19

                  20

                  21

                  22

                  23

                  24

                  25

                  26

                  47                                             -2-

LEG 004 (11/89)
                                                            EXHIBIT "A"
                                                            RESOLUTION NO.:
                                                                                         38214
                                                                                 ------------------
                                                            ITEM NO.:              1
              City of Tacoma
              Fire Department                               MEETING DATE:          March 8, 2011


DATE:        February 23, 2011
TO:          Board of Contracts and Awards
SUBJECT: Fire Apparatus Vehicle Exhaust Removal System Upgrades
         Budgeted from the Capital Projects Fund 3211 and Fire Miscellaneous Special
         Revenue Fund 1090
         Request for Bids Specification No. PW10-0924F

RECOMMENDATION: The Tacoma Fire Department (TFD), assisted by Public Works Facilities
Management, recommends a contract be awarded to the lowest responsive bidder Benz Air
Engineering Co., Inc., Portland, Oregon, for a Fire Apparatus Vehicle Exhaust Removal
System (FAVERS). The contract amount includes a base bid of $361,831.00, plus a 7 percent
contingency for an aggregate total of $387,159.17, plus applicable sales tax.

EXPLANATION: The proposed contract award will provide for new FAVERS installed in
15 TFD fire stations. Sixy-five percent ($276,642) of the total project amount will be financed
from a Federal Emergency management Agency Assistance to Firefighters safety grant. TFD
and Public Works staff researched existing FAVERS systems available currently to develop a
specification that would best protect employees from the health risks associated with exposure
to diesel exhaust while minimizing system maintenance and safety issues associated with the
operation of this equipment.

COMPETITIVE SOLICITATION: Request for Bids Specification No. PW10-0942F was opened
February 8, 2011. Eight companies were invited to bid in addition to normal advertising of the
project. Five bids from four vendors were received. The table below reflects the base bid
amounts:.

                                                                        Submittal Amount
                Respondent                Location(ci/y and state)   Base Bid (plus sales tax)
      Weidner & Associates, Inc.*         Midvale, UT                     $ 259,308.80
      Benz Air Engineering Co., Inc. *    Portland, OR                    $ 323,656.00
      Benz Air Engineering Co., Inc.      Portland, OR                    $ 361,831.00
      Air Exchange, Inc. *                San Bruno, CA                   $ 366,000.00
      Blue Mountain Mechanical, Inc. *    Olympia, WA                     $ 691,185.00

                                               Pre-bid estimate           $ 386,000.00
* Considered nonresponsive bid.

The recommended award is 6.3 percent under the pre-bid estimate. TFD and Public Works
Facilities Management personnel evaluated all bids for responsiveness. The low bid plus the
second, fourth and fifth bidders were determined to be non-responsive. An explanation of the
bid evaluation is attached to this letter.

CONTRACT HISTORY: New contract.




          901 FawcettAvenue I Tacoma. WashingtOn 98402-5699 1591-5737 I FAX 591-5746                 48
C&A_NewContractDBE.dot                                                            Revised: 1012009
     Board of Contracts and Awards
     Page 2



     FUNDING: Funding to accomplish the purchase is included in the Capital Projects Fund 3211,
     Project TFD-00024-02 and the 2011-2012 Fire Miscellaneous Special Revenue Fund 1090
     budget (accounting: 1090/814700/5642500).

     HUB/LEAP COMPLIANCE: Not applicable.

     DISADVANTAGED BUSINESS ENTERPRISE IDBE): The Disadvantaged Business
     Enterprise goal for this project is 10 percent, and the proposed DBE participation is 14.07
     percent. A letter confirming the recommended contractor's compliance with this requirement
     attached.

     PROJECT ENGINEER/COORDINATOR: Battalion Chief Jon Chaffey, Fire/Safety Division,
     253-594-7994.



     ~tlf
     RONALD W. STEPHE
     Fire Chief

     RWS:mf:mw
     cc: Josh Clarke/Ed Roque/Angie Ballard, Public Works, Facilities Management
         Chuck Blankenship, Purchasing Analyst
         Percy Jones, HUB
         Peter Guzman, LEAP




49
~
.,{;       City of Tacoma
Thcoma     Tacoma Fire Department                                                   Memorandum


TO:            Eric A. Anderson, City Manager
                     J2r.....,
FROM:          RonaUt W. Stephens, Fire Chief

SUBJECT:       PW10·0924F FIRE APPARATUS VEHICLE EXHAUST REMOVAL
               SYSTEM (FAVERS)

DATE:          March 1,2011


Tacoma Fire and Public Works Departments have been planning a construction project to install
vehicle exhaust removal systems in 15 Tacoma Fire Stations. The purpose of the project is to
increase employee health and safety by removing diesel exhaust fumes and soot from the
working and living areas of fire stations. In addition to the health and safety benefits of this
project, it will provide greater energy efficiency and prevent damage to the interiors of these
structures due to diesel fumes. This will be accomplished by the instal1ation of equipment that is
essentially a large volume vacuum system that removes exhaust directly from the vehicles
tailpipe through oversize hoses that are ducted outside. The hoses are suspended on a track to
follow the vehicle and, when disconnected, are returned to their position by a balancer. This
equipment has become the standard in the emergency services; it will replace our currently
installed ventilation fans that are near the end of their service life. The project will be funded in
part by a $276,642 Assistant to Firefighters Grant (AFG) awarded to the City of Tacoma by the
Federal Emergency Management Agency in 2010.

Tacoma Fire Department (TFD) and Public Works Facilities Management (PW) staff conducted
an evaluation of bids received in response to formal competitive solicitation PWIO-0924F, for
the Fire Apparatus Vehicle Exhaust Removal System (FAVERS) to be installed in the fire
stations.

Based upon the evaluation conducted, staff determined that the low bid received from
Weidner & Associates, Midvale, Utah, and the second low bid received from Benz Air
Engineering Co., Inc., Portland, Oregon, were non-responsive. The award was recommended to
Benz Air on their other bid (third low overall), which was determined to be fully compliant with
the major provisions of the specifications.




                                                                                                        '50
     Eric A. Anderson
     Page 20f3
     March 1,2011



     Weidner & Associates

     In its bid, the vendor essentially indicated in its response to the technical specifications (Table I
     in the Specification) it complied with most of the major provisions. However, the vendor
     inserted an "Option" in a ]ater section of its bid, referred to by the vendor as the "Main
     Proposal," a proposed optional upgrade from its SBTP 201 model to a SFfP 301 to "eliminate
     the hose loops as the flex hose is attached to the track."

     The Evaluators determined the vendor's base bid was not responsive to Part 2 2.2.1 Guide Track
     (Rail) of the technical specifications unless the option was selected. The bidder also proposed a
     closed drum balancer assembly rather than the open drum included in Part 2 2.2.3 of the
     technical specifications. The specifications were written to eliminate hanging loops of hose
     because they are a safety hazard. An open drum internally braked balancer was specified to
     return the exhaust hose to the resting position slowly without whipping back in to the station
     presenting a safety hazard and increasing wear of the equipment.

     In an effort to clarify the bid, staff of Public Works held a conference call with the vendor,
     February 14, 2011. However, in a subsequent email later that day attached to this memo the
     vendor further confused the matter by appearing to indicate a desire to modify its base bid to
     include the optionally priced equipment and otherwise alter its bid for the balancer system.

     Staff ofTFD, PW, Finance/Purchasing, and the Legal Department met to review the matter
     further February 17, 2011, and concluded the vendor was in violation of Sections 1.10 and 1.11
     of the City'S Standard Terms and Conditions, included in the Specification. In addition, the Bid
     Proposal Form required that the lump sum base bid be inclusive of the entire scope of work
     described in the contract documents. The submission of an option to meet the specification was
     not compliant and was considered grounds for bid rejection, per 1.06, (14) of the Supplemental
     Conditions. The bid was, therefore, determined to be non-responsive.

     Benz Air (Second Low Bid)

     The low bid of Benz Air was determined to be non-compliant in a number of areas by the
     evaluators. This bid also was not in compliance with Part 2 2.2.1 and 2.2.3 of the technical
     specifications. Further, it proposed modifications to the vehicle exhaust tail pipes that were
     specifically not allowed in the technical specifications. For these reasons, the Benz Air bid was
     rejected as non-responsive.

     Benz Air (Third Low Bid)

     The higher bid of Benz air was determined to be compliant with the City's general and technicaJ
     specifications. The evaluators recommended the bid be accepted.




51
Eric A. Anderson
Page 3 of3
March 1,2011



Air Exchange

Air Exchange also bid a closed drum balancer assembly, in violation of Part 22.2.3 of the
technical specifications. The vendor also did not properly fill out their DBE form. The bid was
determined to be non-responsive.

Blue Mountain Mechanical. Inc.

Blue Mountain did not properly fill out and submit their bid using the appropriate City forms.
The high bidder was determined to be non-responsive.

Based upon the evaluation conducted, the enclosed letter to the Contracts and Awards Board was
prepared for review and approval. Please review the enclosed. If you have any questions or
desire additional information, please contact me directly.

RWS:JC:mw
Attachments
c: Ed Roque, Professional Engineer, PW!Facilities
    Jon Chaffey, Battalion Chief, TFD
    Michael Fitzgerald, Asst. to the Chief, TFD
                    Finance Department
                    HUB Office
                    Construction Status Report


To:                 Ed Roque, Project Engineer

Date;               February 10, 2011

Subject:            PW10.0924F, Fire Apparatus Vehicle Exhaust Removal System Upgrades,
                    $361.831.00

Contractor:         BENZ AIR ENGINEERING CO., INC.
                    3822 SW Corbett Ave
                    Portland, OR 97239-4302



Subcontractors to be used on the project

                                        Certification                        %      Dollar Amount
FREDHOESGENERALELECTR=IC=.~L=L~c__________D_B_E_._____1_4_.0_7_%_________$_5_o._9o_o_.o_0__
                                       HUB Participation                    0.00%        . $0.00
                                       DBE Participation                   14.07%      $50.900.00
                                       WBE Participation                    0.00%           $0.00
                                       MBE Participation                    0.00%           $0.00
                                       Totals                              14.07%      $50.900.00

        APPROVED
        Bidder is in compliance with required provisions of44 CFR 7.

        WAIVERS:
          Justification:


D       DISAPPROVED
        Bidder is not considered responsive for the following reason(s):

        o        Bidder did not complete all necessary forms.

        o       See Attached memorandum dated _ _ _ _ _ _ _ _ _ _ _ __


Fund Number:
        1090




                                                                                                    53
CITY OF TACOMA, FIRE APPARATUS VEHICLE EXHAUST REMOVAL SYSTEM, SPEC. NO. PW10-0924F

EVALUATION OF BID PROPOSALS
EVALUATORS: Jon Chaffey, Josh Clarke, Ed Roque, Chuck Blankenship
        Review Item           Weidner Fire & Associates        Benz Air Engineering Co.,       Benz Air Engineering Co.,            Air Exchange                    Blue Mountain
                                                                         Inc.                            Inc.

Bid Amount                    $259,308.80                      $323,656.00                     $361,831.00                  $366,000.00                      $691,185.00

Proposal Forms
  Bid Proposal Form           In compliance                    In compliance                   In compliance                In compliance                    INCORRECT FORM
  Signature Page              In compliance                    In compliance                   In compliance                In compliance                    INCORRECT FORM
  Tech. Spec. Compliance      NOT SIGNED & SYSTEM              In compliance                   In compliance                NOT SIGNED & SYSTEM              NOT SUBMITTED
  Checklist                   TYPE NOT INDICATED                                                                            TYPE NOT INDICATED
  Bid Bond                    In compliance                    In compliance                   In compliance                In comRliance                    INCORRECT FORM
  DBE Form                    SUBCONTRACTING GOAL              In compliance                   In compliance                NOT SIGNED &                     DID NOT LIST CERTIFIED
                              NOT FILLED IN                                                                                 SUBCONTRACTING GOAL              DBE
                                                                                                                            NOT FILLED IN
  Prime Contractor's Pre-     In compliance                    In compliance                   In compliance                In compliance                    In compliance
  Work Form
  State Res~onsibility Form   In comQiiance                    In compliance                   In compliance                In compliance                    In compliance
  Debarment Form              In compliance                    In compliance                   In compliance                In compliance                    In compliance

Technical Specification
                              ·   System Type: Not             • System Type: Pneumatic        • System Type:               .   System Type: Not             .   Checklist not submitted.
Compliance Checklist
Review
                              ·
                                  indicated.
                                  Bidder is proposing hose
                                  hanging in the apparatus
                                                               · Bidder is proposing hose
                                                                 hanging in the apparatus
                                                                 bay.
                                                                                                 Electromagnetic
                                                                                               • Bidder is in compliance
                                                                                                 with the specifications.
                                                                                                                            .   indicated.
                                                                                                                                Bidder is proposing
                                                                                                                                closed drum for Balancer
                                  bay.                           Per specification (part 2.                                     Assembly.
                                  Per specification (Part 2.     2.2.1), Guide Tack (Rail):                                     Per specification (Part 2.
                                  2.2.1), Guide Tack (Rail):     In order to minimize the                                       2.2.3), Balancer
                                  In order to minimize the       amount of hose hanging                                         Assembly: Owner
                                  amount of hose hanging         in a station, the owner                                        requires open drum
                                  in a station, the owner        requires an overhead                                           assembly.
                                  requires an overhead           track to store horizontal
                                  track to store horizontal      hose.

                              •
                                  hose.
                                  Bidder is proposing
                                  closed drum for Balancer
                                                               · Bidder is proposing to
                                                                 modify vehicle tail pipe.
                                                                 Per specification (Part 2,
                                  Assembly.                      Products): Existing
                                  Per specification (Part 2.     exhaust vehicle tailpipes
                                  2.2.3), Balancer               shall not be modified.
                                  Assembly: Owner
                                  requires open drum
                                  assembly.
                                                               ·  Bidder is proposing
                                                                  closed drum for Balancer
                                                                  Assembly.
                                                                  Per specification (Part 2.
                                                                  2.2.3), Balancer
                                                                 Assembly: Owner
                                                                  requires open drum
                                                                  assembly.

DETERMINATION                 NON RESPONSIVE                   NON RESPONSIVE                  RESPONSIVE                   NON RESPONSIVE                   NON RESPONSIVE
  Fitzgerald, Michael

  From:     Chaffey, Jon
  Sent:     Tuesday, February 15, 2011 8:31 AM
  To:       Fitzgerald, Michael
  Subject: FW: Weidner Fire Clarification

FYI

From: Mike Thomas [maJlto:mike@weldnerandassoclates.com]
sent: Monday, February 14, 2011 3:13 PM
To: eroque@cllyoftacoma.org
Cc: jchaffey@cltyoftacoma.org; jduggan@cityoftacoma.orgi brad@weldnerflre.com
Subject: Weidner Fire Clarification

Ed,

Thanks for taking the time to call and talk to me about the concerns you have with our bid. I apologize for any confusion.       I
figured it would be better for me to email you my answers so you have documentation of my reply.

We are willing to provide our HazVent Flex Hose System for all of the back in applications at our base price bid of
$249,308.80. I have spoken to the factory and explained our dilemma, and they are willing to help us make sure we get yo
and the department what you are looking for with your specification.

The other item you brought up is the sealed balancer, which I included with our bid. We consider this balancer to be more
durable and reliable than the open-reel balancer specified, but we are willing to give you the open-reel balancer ifthat is
what you want. Again, I want to emphasize that we think the sealed balancer that we offer is the better balancer, but we
can get you the open-reel balancer for the same price if that is what you want.

The only point that I would like to make again is that in your bid specs you mention the "Buy American Act." If this is really
your intention, HazVent is the only product that is "made in America." The other manufacturers are based in Sweden. The
may try to claim that they have a plant in the U.S., but a/l they really have is a distribution center. The product is all made il
Sweden, shipped to Canada, and then brought across the border to the U.S. If you are gOing to stick tightly to your specs
regarding the horizontal hose and the open-reel balancer, then you should also stick to the "Buy American Act."

Please call me if you have any more questions or concerns. I hope we get the chance to work together on this project I

Mike Thomas
Weidner Fire
MagneGrlp/Airhawk/Hazvent
(801}694-9687 cell
(801)565-9595 office
(801)565-9598 fax
www.weidnerfire.com




                                                                                                                        55
2115/2011
                       Req.#12868


                                                 RESOLUTION NO.              38215
                   1
                       A RESOLUTION relating to Department of Public Utilities, Water Division (d.b.a.
                            "Tacoma Water"); amending Section III.BA of the Water Rate Policy by
                   2        increasing the minimum current fund balance to 60 days of operating and
                            maintenance expenses to bring Tacoma Water in line with industry best
                   3        practices and to ensure the maintenance of Tacoma Water's favorable
                            bond rating; and revising the language to identify the applicable current
                   4
                            fund to apply the minimum balance requirement.
                   5
                               WHEREAS, in 1993, pursuant to Public Utility Board ("Board")
                   6
                       Resolution U-8906, and City Council Resolution No. 32375, the Board and the
                   7
                       City Council approved the Water Rate Policy ("Policy") so as to provide future
                   8
                   9   direction to the Department of Public Utilities, Water Division (d.b.a."Tacoma

                  10   Water"), for short- and long-term planning decisions and to ensure that reliable

                  11   service is provided to all customers at the lowest possible cost consistent with

                  12   prudent utility management; subsequent amendments were also approved, and
                  13
                                WHEREAS, in 2002, the Board and the City Council amended the Policy
                  14
                       and changed the minimum current fund balance from 30 days to 45 days of
                  15
                  16   operating and maintenance expenses, and

                  17            WHEREAS Tacoma Water has worked with the Board and the City

                  18   Council to increase the minimum current fund balance policy as part of the

                  19   budgeting, rate study, and revenue bond issuance efforts in 2010, and
                  20
                                WHEREAS Tacoma Water is proposing that Section III.BA of the Policy
                  21
                       be amended to reflect an increase in the minimum current fund balance to
                  22
                       60 days from the current policy of 45 days of operating and maintenance
                  23
                  24   expenses and that the language in that section be revised to identify the current

                  25   fund (4600) to which the Policy has and will apply, and

                  26

                                                              - 1-
                       Res 12868TPU.doc-BF/Jad
                                                                                                           56
LEG 004 (11/89)
                                 WHEREAS this Policy has been incorporated into the adopted
                   1
                       2011-2012 budget and rate strategy in order to manage risk associated with
                   2

                   3   monthly and seasonal revenue fluctuations associated with billing and weather,

                   4   and

                   5             WHEREAS such an increase to the minimum current fund balance
                   6
                       policy will bring Tacoma Water in line with industry best practices and other City
                   7
                       utilities and ensure the maintenance of Tacoma Water's favorable bond rating,
                   8
                       and
                   9
                                 WHEREAS Tacoma Water and the Board believe it is in the best interest of
                  10

                  11   the public to approve said amendment to the Policy; Now, Therefore,

                  12             BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:

                  13             That Section III.B.4 of the Water Rate Policy is amended, as set forth in the
                  14
                       attached Exhibit "A."
                  15
                       Adopted
                  16

                  17                                               Mayor
                  18
                       Attest:
                  19

                  20   City Clerk

                  21   Approved as to fOj91:

                  22

                  23

                  24
                       Requested by Public Utility Board
                  25   Resolution No. U-10450
                  26

              57                                                 -2-
                       Res 12868TPU.doc-BFllad


LEG 004 (11/89)
                                                      EXHIBIT "A"
                   1
                                                  (Attached Separately)
                   2

                   3

                   4

                   5

                   6

                   7

                   8

                   9

                  10

                  11

                  12

                  13

                  14

                  15

                  16

                  17

                  18

                  19

                  20

                  21

                  22

                  23

                  24

                  25

                  26

                                                          -3-
                       Res 12868TPU. doc-BFIlad
                                                                          58
LEG 004 (11/89)
   TACOMA PUBLIC UTILITIES
       TACOMA WATER




WATER RATE POLICY


WITH 2002 REVISIONS




     Adopted by Public Utility Board Resolution U-9768 on November 13, 2002
     Revised by C.C. Motion 02-35 on December 11, 2002
     Revised by C.C. Motion 02-36 on January 8, 2003


                                                                              59
                             TACOMA PUBLIC UTILITIES
                                 TACOMA WATER




                                TABLE OF CONTENTS

                                                                           Page No.

     WATER RATE POLICY

          I. Purpose..........................................                3

          II. Guiding   Objectives For Water Rate Decisions                   3
                A.       Water Rates Should Ensure Adequate Supply            3
                B.       Water Rates Should Be As Low As Is Responsible.      3
                C.       Water Rates Shall Be Fair ...................        3
                D.       Water Rates Should Be Stable and Understandable      3
                E.       Water Rates Should Be the Product Of Customer
                         Involvement ..............................           3

         III. Policies                                                        3
                A.     Water Rates   Should Ensure Adequate Supply ....       3
                 B.    Water Rates   Should Be As Low As Is Responsible.      4
                 C.    Water Rates   Shall Be Fair .................. .       6
                 D.    Water Rates   Should Be Stable and Understandable      7
                 E.    Water Rates   Should Be the Product Of Customer        8
                       Involvement    ............................. .




                                          2
60
                              TACOMA PUBLIC UTILITIES
                                  TACOMA WATER



                               WATER RATE POLICY


  I.   PURPOSE: The Water Rate Policy gives direction to planning decisions and
       helps ensure that the Department of Public Utilities provides for an adequate
       supply of safe, clean water to all customers efficiently, reliably and at the lowest
       possible cost consistent with prudent utility management.


 II.   GUIDING OBJECTIVES FOR WATER RATE DECISIONS

       A.   Water Rates Should Ensure Adequate Supply.

       B.   Water Rates Should Be As Low As Is Responsible.

       C.   Water Rates Shall Be Fair.

       D.   Water Rates Should Be Stable and Understandable.

       E.   Water Rates Should Be the Product of Customer Involvement.


III.   POLICIES

       A.   Water Rates Should Ensure Adequate Supply

            1.    Water rates must be designed to adequately fund the acquisition of
                  new resources and conservation consistent with local, state and
                  federal laws and regulations and consistent with the responsibility of
                  Tacoma Water as a regional purveyor for identified portions of Pierce
                  and South King Counties as described in the Tacoma Second
                  Diversion Water Right, Pierce Country Coordinated Water System
                  Plan, Tacoma Water System Plan, Second Supply Agreement, and
                  any other official planning document as appropriate.

             1A. Water rates must be designed to adequately fund the maintenance
                 and replacement of existing infrastructure. The replacement life for
                 any facility shall not exceed 100 years unless engineering analysis
                 supports a longer life.




                                             3
                                                                                          61
                          TACOMA PUBLIC UTILITIES
                              TACOMA WATER


          2.   Rate adjustments will be proposed in amounts sufficient to meet
               reasonable Tacoma Water budgets, while minimizing the long-run
               costs to the rate-payer.     Since some actions such as supply
               development can influence the level of revenue needed over a period
               of years, staff will estimate both the short-run and long-run rate
               impacts of proposals presented to the Public Utility Board for
               consideration.

          3.   The revenue requirements analysis will study the projected revenue,
               expenses and capital improvements for the period to be covered by
               the rate change.

          4.   Modeling assumptions used in the estimation of water consumption
               and revenue for the rate review shall be based on average weather
               and precipitation as defined by the National Oceanic and Atmospheric
               Administration (NOAA).

          5.   Projected water consumption for the rate review process shall include
               effects of price and local economic and demographic conditions.

          6.   Water rates will be designed to promote conservation as a long-term
               resource that will extend the use of the existing source of supply.

          7.   Water rates will be adequate to maintain the quality of the
               environment and balance the needs of customers (including the
               personal, aesthetic, recreational, and business objectives of
               customers) with the preservation of sensitive ecosystems at the
               source of supply.

          8.   Water rates will support a reasonable plan for replacement of aging
               water supply, distribution and storage infrastructure.

     B.   Water Rates Should Be As Low As Is Responsible

          1.   Long-term major capital projects, such as development of sources of
               supply, will be financed primarily through debt.

          2.   Fifty percent of all renewal/replacement capital requirements will be
               financed through rate revenues. Additional revenue financing may
                be planned if rate adjustments do not exceed the rate of inflation.
               Any debt financing used shall not be for periods longer than the
                useful life of the capital project.


                                        4
62
                TACOMA PUBLIC UTILITIES
                    TACOMA WATER


3.   Major capital investments and other commitments that would
     significantly affect costs, rates or prices for Tacoma Water
     services will be evaluated against costs and benefits and documented
     before commitments are made. Such evaluations will address both
     short- and long-term, as well as potential or uncertain, impacts on
     costs and revenues.

4.   Rates shall be set at levels such that projected current fund (fund
     4600) cash balances will be equal to 4&-60 days of current budgeted
     expenditures. It is recognized, however, that seasonal fluctuations
     may cause balances to be below recommended levels, but rates
     should be set such that the minimum cash balance in any month does
     not drop more than 40 percent below the recommended level.

5.   Tacoma Water will exercise responsible cost control of department
     administration and overhead expenses consistent with industry
     standards.

6.   Tacoma Water maintains two types. of special funds that provide
     capital funding for watershed protection purposes, resource
     development, and water system development. Expenditures from
     these funds, subject to the limitations discussed below, may be used
     to offset the impact of rate increases.

     The Water Assurance Funds (Water Quality and Resource
     Development) can be budgeted on a biennial basis as revenues
     become available for appropriate capital projects related to watershed
     protection and water quality, resource development, and system
     renewal.

     The System Development Charge Fund is intended to provide capital
     funding for source development, transmission, storage, and related
     facilities. A minimum balance of $2,000,000 will be maintained in the
     Fund to deal with unforeseen emergencies and contingencies, which
     would be authorized by separate Public Utilities Board approval.

 7. A special contract water rate may be developed in lieu of a system
    development charge for short-term temporary facilities provided
    sufficient surplus water is available for the term of proposed use. The
    contract rate will reflect appropriate allowance for the term of the
    proposed use and inside/outside rate and system development charge
    differentials. For purposes of this policy, short-term will generally be
    considered to be less than five years.

                               5

                                                                           63
                          TACOMA PUBLIC UTILITIES
                              TACOMA WATER


     C.   Water Rates Shall Be Fair

          1.   Rates charged for each class of customer will be set to reflect the cost
               of supplying service to that class. Any exceptions to cost-of-service
               principles will be explicitly noted in this policy.

          2.   An embedded cost-of-service study will determine the cost of serving
               each customer class, allocation of class responsibility for the
               projected expenses, and proposed rates sufficient to recover
               projected expenses

          3.   A short-term market based rate may be considered for marketing
               surplus water to industrial or wholesale customers if such a rate would
               increase net revenue to the Utility and no other customer class would
               be adversely impacted.

          4.   Conformance with responsible water use standards will                be
               encouraged by the use of rate design and/or special charges.

          4A. A rate may be designed that would include an amount of water in the
              ready to serve charge.

          5.   Incentives will be considered for construction and conversions
               incorporating water conservation measures.

          6.   A rate surcharge may be proposed under unusual conditions, such as
               a drought, to ensure adequate revenues.

          7.   A rate surcharge may be proposed to improve acquired water
               systems which do not meet current Tacoma Water standards. This
               surcharge will apply to the service area of the sub-standard system
               and be used solely for the purpose of bringing that system up to
               standard.

          8.   Rates for retail and wholesale customers located outside the
               corporate boundaries of the City of Tacoma will be 20 percent higher
               than rates for inside City customers.

          9.   The assignment of costs of existing water supply resources to
               customers will be based on how those resources are used to meet
               system demands at the time of the current rate study.



                                         6

64
                       TACOMA PUBLIC UTILITIES
                           TACOMA WATER


     10.   The assignment of costs for new resources will reflect the anticipated
           use characteristics of those resources in either supplying normal
           water flows or providing extra water during times of peak usage.

     11.   Rates for new or additional water demand in excess of 1 million
           gallons a day (MGD) within any 12-month period may be designed to
           recover up to the full additional source of supply costs, less credit for
           any system development charge paid. The use of water efficient
           technology will be a key consideration in the application of this
           provision.

     12.   New customer hook-ups and enlarged services will be charged at
           current cost of main extension, including the cost of mains, inspection
           fees, services, meters, and any necessary fire protection service. A
           system development charge will be imposed on new or expanded
           services and may include charges for additional source of supply,
           transmission, storage, and pumping facilities. Adequate provisions
           shall be made to permit those who develop new services to recover
           main extension costs from those who subsequently use those water
           mains.

     13.   Periodic checks of actual revenues collected should be compared to
           projected revenue requirements by class. If the collections are not
           within an appropriate range, demand projections will be reviewed.

     14.   Inter-class revenue requirements adjustments significantly in excess
           of the system average may be allocated proportionately to the
           remaining customer classes.          Subsequent increases for the
           subsidized class will be set appropriately until cost-of-service rates are
           reestablished.

     15.   A discounted water rate will be considered to help low-income/
           elderly and low-income/handicapped water customers.

D.   Water Rates Should Be Stable and Understandable

     1.    To the extent possible, rate adjustments will not exceed general
           inflationary trends. Phased-in adjustments over a limited time period
           may be used for projects requiring a considerable change in rate
           levels.

     2.    The number of rate schedules will be minimized by combining
           customers of reasonably similar use and cost-of-service
           characteristics.
                                      7
                                                                                   65
                           TACOMA PUBLIC UTILITIES
                               TACOMA WATER



          3.    Each rate schedule will contain a monthly customer charge that will
                reflect, at a minimum, administrative and billing cost.

          4.    For revenue stability purposes, customer charges may be designed
                to recover up to 60 percent of revenue requirements for customer
                classes with strong seasonal consumption patterns.

          5.    Regular reviews will be performed to determine the adequacy of rates,
                and a full revenue requirements study will be performed every two
                years.

          6.    Seasonal rate design may be used to promote conservation during
                periods of greatest consumption. The second tier of a seasonal rate
                may be set to reflect the marginal cost of supply for the Utility.

     E.   Water Rates Should Be the Product of Customer Involvement

          1.    Any decision to revise rate-making policies will be done in an orderly
                fashion and formalized by resolution.

          2.    The Public Utility Board must review the existing rate policy well in
                advance of consideration of each rate adjustment. Any proposed
                changes require formal Board and City Council resolutions.

          3.    Tacoma Water will gather citizen input and provide information about
                its rate-making process. Any proposal to be discussed will be made
                available as far in advance of its public hearing as is practical.

          4.    If an emergency rate adjustment becomes necessary due to drought
                or other unforeseen conditions, the emergency nature of the rate
                surcharge (or rollback) may necessitate a recommendation to the
                City Council using a reduced public involvement schedule. Such an
                emergency adjustment shall be followed by a reevaluation of the
                change in accordance with the formal procedures outlined in this
                policy.

          5.    A professional rate expert may be hired to represent the interests of
                the residential class during the rate process.

          6.'   The Utility staff will respond to requests from the Neighborhood
                Councils and other local organizations to the Community and Media
                Services section of the Utility and provide speakers to disseminate
                information on water rates, rate policy or rate assistance programs.
                                         8
66
                               TACOMA PUBLIC UTILITIES
                                   TACOMA WATER



              7.    To the extent practicable, services and associated rates and fees will
                    be designed to offer maximum choice and flexibility to meet customer
                    needs and desires.


WRP-Oct3-2002.Doc




                                             9

                                                                                             67
                                                                                                                CITY CLERK USE ONLY


                                       REQUEST FOR                                                Request #:                       ~~g-'
                                                                                                                1t----'\'---4'F'f"k21~· - I
                                o ORDINANCE ~ RESOLUT,ION                                                               ~15
                                                                                                 Ord'/Res. #: ...._ _ _ _ _ _ _...J



1. DATE: February 11, 2011
2. SPONSORED By: COUNCIL MEMBER(S) N/A

  3a. REQUESTING                                          4a. CONTACT (for questions):           PHONE:
      DEP ARTMENTIDIVISIONIPROGRAM                           Jane Evancho                        (253) 502-8738
        Water Division
  3b. "Do PASS" FROM [Committee Name]
        DYes                                              4b. Person Presenting:                 PHONE:
        DNo                                                   Linda McCrea                       (253) 502-8245
        D To Committee as information only
        C8J Did not go before a Committee
  3c. DID THIS ITEM GO BEFORE THE
                                                          4b. Attorney:                          PHONE:
      PUBLIC UTILITY BOARD?
                                                              Bill Fosbre                        (253) 502-8218
        C8J Yes, on February 23,               2011
        D Not re         uired

                                                                   N/A
                                               Division     Bud et Officer/Finance Director

   5. REQUESTED COUNCIL DATE: March 8, 2011



   6. SUMMARY AGENDA TITLE: (A concise sentence, as it will appear on the Council agenda.)
        Water Rate Policy Amendments.

   7. BACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal
         requirements? What are the viable alternatives? Who has been involved in the process?)

        The purpose of this request is to revise section III.B.4 of the Water Rate Policy to reflect an increase in
        the minimum current fund balance to 60 days from the current policy of 45 days of operating and
        maintenance expenses, and revise the language in that section to identify the "current fund (4600)," to
        which the policy has and will apply. Such an increase to the current fund minimum balance policy will
        bring Tacoma Water in line with industry best practices and other City utilities, and ensure the
        maintenance of Tacoma Water's favorable bond rating.

   8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED:
                             Source Documents/Backup Material                            Location of Document



                   Letter to Board and Council from Bill Gaines                                   Attached
                   dated February 10, 2011

                   Water Rate Policy                                                          City Clerk's Office




                                                                                                                                       68
cotclerk \Jonlls \ ReqllestResoiutiollOrdillallce.doc                                                     Office of the City Clerk (01/07/2011)
                                                                                                                     CITY CLERK USE ONLY
REQUEST (CONT)
                                                                                                        Request #
                                                                                                        Ord/Res #:
                                                                                                                     I       \2.- at" l?"
                                                                                                                               382 15
                                                                                                                                                    I
   9.    WHICH OF THE CITY'S STRATEGIC GOALS DOES THIS ITEM SUPPORT? (CHECK THE GOAL THAT BEST ApPLIES)

                                            A. D A SAFE, CLEAN AND ATTRACTIVE COMMUNITY

                                            B. D        A DIVERSE, PRODUCTIVE AND SUSTAINABLE ECONOMY

                                            C.   [g]    A HIGH-PERFORMING, OPEN AND ENGAGED GOVERNMENT


 10. IF THIS CONTRACT IS FOR AN AMOUNT OF $200,000 OR LESS, EXPLAIN WHY IT NEEDS LEGISLATIVE APPROVAL:
        Any adjustment to rate policies of the Department of Public Utilities must be approved by the Public Utility
        Board and City Council.

 11.     FINANCIAL IMPACT:                       D      EXPENDITURE           D   REVENUE


                                            A. [g] No IMPACT (NO FISCAL NOTE)
                                            B. D        YES, OVER $100,000, Fiscal Note Attached

                                            C. D        YES, UNDER $100,000, (NO FISCAL NOTE)
                                                        Provide funding source information below:


         FUNDING SOURCE: (Enter amount of funding from each source)
           Fund Number & Name:                       State $          City $                Other $              Total Amount


           If an expenditure, is it budgeted?                   DYes      D       No   Where? Cost Center:
                                                                                                      Acct #:




         69
cotclerk \forms \ ReqllestResO/lltioIlOrdilzallce.doc                                                           Office of the City Clerk (01/07/2011)
                                                                                            38215
             TACOMA PUBLIC UTILITIES

             3628 South 35th Street

             Tacoma, Washington 98409-3192




February 10,2011



To the Chair and Members of the Public Utility Board and
To the Mayor and Members of the City Council


Tacoma Water requests approval by the Public Utility Board and City Council to amend
the existing Water Rate Policy to reflect an increase in the minimum current fund balance
from 45 to 60 days of operating and maintenance expenses.

Such an increase to the minimum current fund balance will ensure that Tacoma Water has
enough cash on hand to continue to pay for ongoing operating and maintenance
expenditures during periods of significant revenue fluctuations that result from billing
cycle, seasonal, or other causes. It will also bring Tacoma Water more in line with
industry best practices and other City utilities. A more robust policy will be favorably
regarded by credit ratings agencies, and will help ensure that any future long-term debt
obligations will continue to receive high quality, investment grade ratings that are
necessary to receive the lowest possible interest rates on debt.

The 60 day policy has already been incorporated into rate planning and debt issuance
efforts, which were conducted in close collaboration with the Board, Council, Tacoma
Water's financial advisors, Tacoma Water staff, and community stakeholders.

Sincerely,



  illiam A. Gaines
Director of Utilities/CEO

Attachment
                                                                                                 --
                                                                                                 ::a:
                                                                                                 TACOMA
                                                                                                  POWER




                                                                                                 :~
                                                                                                 :~
                                                                                                 TACOMA
                                                                                                  WATER




                                                                                                  a •   =
                                                                                                  =- g
                                                                                                  =••
                                                                                            70    •••
                                                                                                 TACOMA
                                                                                                  RAIL
                       Req.#12864


                                               RESOLUTION NO.                  38216
                   1   A RESOLUTION relating to City-owned property; authorizing the execution and
                            conveyance of an easement to Puget Sound Energy for an existing gas
                   2        main and a new service line within Fireman's Park in Tacoma.

                   3           WHEREAS, in 1974, the City vacated a portion of South 7th Street and
                   4
                       "A" Street, adjacent to Fireman's Park, and
                   5
                               WHEREAS, at that time, an easement was not obtained for the existing
                   6
                       natural gas main located within the vacated area by the gas main operator,
                   7
                       Washington Natural Gas ("WNG"), and
                   8

                   9           WHEREAS, subsequent to the street vacation, the property was

                  10   conveyed back to the City in furtherance of the creation of Fireman's Park, and

                  11           WHEREAS Puget Sound Energy ("PSE"), WNG's successor, now
                  12
                       desires to obtain an easement for the existing gas main, as well as for the
                  13
                       installation of a new lateral connection to provide natural gas to an abutting
                  14
                       restaurant, and
                  15
                                WHEREAS the gas line will be installed at no cost to the City, and
                  16

                  17            WHEREAS this easement will memorialize the rights and responsibilities

                  18   related to the existing main and will enable PSE to provide gas services to a
                  19   new restaurant; Now, Therefore,
                  20
                                BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:
                  21
                                That the proper officers of the City are hereby authorized to execute and
                  22
                       convey an easement to Puget Sound Energy for an existing gas main and a
                  23

                  24

                  25

                  26

                                                                - 1-
                       Res 12864.doc-JHCllad


LEG 004 (11/89)
                        new service line within Fireman's Park in Tacoma, said document to be
                    1
                        substantially in the form of the proposed easement on file in the office of the
                    2

                    3
                        City Clerk.

                    4
                        Adopted _ _ _ _ __
                    5

                    6

                    7                                              Mayor
                        Attest:
                    8

                    9   City Clerk
                   10

                   11   Approved as to form:

                   12                  i)~
                                       v.':.
                                       \';' ...   f   /
                                                          !   /

                   13   Deputy Cit)fiA&torney
                   14

                   15

                   16

                   17

                   18

                   19

                   20

                   21

                   22

                   23

                   24

                   25

                   26

                  72                                              -2-
                        Res12864.doc-JHCliad


LEG 004 (11/89)
  .,
 . Thcoma '                        REQUEST FOR                                                   "quest #:
                                                                                                                    CITY CLERK USE ONLY


                                                                                                                   ~...;...:IZ~Jj~&'-I-~--'--I
                            D ORDINANCE ~ RESOLUTION 1                                                                                  16...a.r...._.....
                                                                                                 Ord.lRes. #: ...._.-:3;;..;8;::..r;;&2...
                                                                                       ~1.




1. DATE: February 10, 2011
2. SPONSORED By: COUNCIL MEMBER(S)               N/A

  3a. REQUESTING                                        4a. CONTACT (for questions):            PHONE:
      DEPARTMENT/DIVISIONIPROGRAM                           Conor McCarthy                      591-5320
        PW/Facilities ManagemenVReal
        Property Services
  3b. "Do PASS" FROM                                                                            PHONE:
                                                        4b. Person Presenting:
       DYes                                                 Ronda Cornforth                      591-5052
       ~No
       D To Committee as information only
      ~ Did not go before a Committee                  1-4c.-A-T-T-oRNE--Y-:-------~-PH-O-N-E-:              ----------1
  3c. DID TIDS ITEM GO BEFORE THE                          Jeff Capell                           591-5638




                                                                N/A
                                                         Robert K. Biles, Finance Director

   5. REQUESTED COUNCIL DATE: March 8, 2011

  6. SUMMARY AGENDA TITLE: (A concise sentence, as it will appear on the Council agenda.)
        Authorizing the execution and conveyance of an easement to Puget Sound Energy for an existing gas
        main and a new service line, adjacent to Fireman's Park.

  7. BACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal
       requirements? What are the viable alternatives? Who has been involved in the process?)
       In 1974, the City of Tacoma (City) vacated a portion of South 7th and A Streets adjacent to Fireman's
       Park. At that time an easement was not obtained for the existing natural gas main located within the
       vacated area by the gas main operator, Washington Natural Gas (WNG). Subsequent to the street
       vacation, the property was conveyed back to the City in furtherance of the creation of Fireman's Park.
       Puget Sound Energy, (WNG's successor), now desires to obtain an easement for the existing gas main,
       as well as for the installation of a new lateral connection to provide natural gas to an abutting restaurant,
       "Pho at 701 Noodle Bar and Bistro." This easement will memorialize the rights and responsibilities
       related to the existing main, and will enable Puget Sound Energy to provide gas services to a new
       restaurant. The gas line will be installed at no cost to the City.   (Continued _ see attached)

  8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED:
                         Source DocumentslBackup Material                                    Location of Document

                                     Easement # 4143                                         City Clerk's Office
                                       Map Exhibit                                           City Clerk's Office




                                                                                                                                                 ,

                                                                                                                                              73
cotclerk\forms \RequestResolutionOrdinance.doc                                                              Office of the City Clerk (01/07/2011)
REQUEST (CONT)
                                                                                                    Reques,":
                                                                                                    Ord/Res #:
                                                                                                                 I I Z 81ftI,' I
                                                                                                                 CITY CLERK USE ONLY



                                                                                                                            38216
   9.· WHICH OF THE CITY'S STRATEGIC GOALS DOES THIS ITEM SUPPORT? (CHECK THE GOAL THAT BEST ApPLIES)
                                         A. D A SAFE, CLEAN AND ATTRACTIVE COMMUNITY
                                         B. IZI A DIVERSE, PRODUCTIVE AND SUSTAINABLE ECONOMY

                                         C. D       A HIGH-PERFORMING, OPEN AND ENGAGED GOVERNMENT


 10. IF THIS CONTRACT IS FOR AN AMOUNT OF $200,000 OR LESS, EX~LAIN WHY IT NEEDS LEGISLATIVE APPROVAL: .


 11.    FINANCIAL IMPACT:                    D      EXPENDITURE           D   REVENUE


                                         A.IZI NOIMPACT(NOFISCALNOTE)
                                         B. D YES, OVER $100,000, Fiscal Note Attached
                                         C. D       YES, UNDER $100,000, (NO FISCAL NOTE)
                                                    Provide funding source information below:

        FUNDING SOURCE: (Enter amount of funding from each source)
         Fund Number & Name:                     State $          City $                Other $             Total Amount


          If an expenditure, is it budgeted?                DYes      D       No   Where? Cost Center:
                                                                                                  Acct#:




cotc/erk\fomlS \RequestResolutioIlOrdillallce.doc                                                          Office of the City Clerk (01/07/2011)
                                Request No. 12864
                                7. Background information (oontinued)



               City of Tacoma                                                           Memorandum

TO:             Eric A. Anderson
                City Manager            ~
FROM:           Dick McKinley, Director
                Public Works Department

SUBJECT:        Fireman's Park


DATE:           February 28, 2011


This memorandum provides information regarding the Fireman's Park project and current
status.

Background and Scope

This project will beautify the park, replace or remove failing park structures, and construct safety
improvements/upgrades to reduce illegal activity and rejuvenate the park as an active
community space using Crime Prevention Through Environmental Design (CPTED) strategies.
CPTED improvements previously completed at Fireman's Park include:

      •   Upgrades to seven existing light poles.
      •   Vegetation that provided hiding places was removed.
      •   Access road through the park widened to allow police and city vehicles to have better
          access to the park
      •   Fencing installed behind the gazebo and along north end of park to reduce transient
          movement to hillside camps
      •   New lighting and structural changes to address prostitution and drug use in the gazebo
      •   Additional vegetation removal and trimming

A conceptual drawing of Fireman's Park, prepared by David Boe, Architect prior to his
appointment to the City Council, served as the basis for the new park design. AHBL was
selected through a competitive process using the City's A&E Roster to complete the design of
Fireman's Park. Design of the project is 95% complete and expected to be finalized by March
13, 2011. Design costs to date are $70,000. Construction of the park may be completed in
phases as funds are available or as a single project. If the project is constructed in phases, the
first phase will include park improvements extending from 9th and "A" Street to approximately 8th
and "A" Street with estimated construction cost of $400,000. The second phase will improve the
remaining half of the park and also cost approximately $400,000. A third phase would include
additional elements and offsite improvements. Project design and phase one construction are
currently funded.



                                                                                                       75
Eric A. Anderson
February 25, 2011
Page 2


Phase one and two of the project include:

    •   Removing the gazebo and the berm along "A" street to make the park more visible.
    •   Removing existing timber tie walls.
    •   Lowering the existing rock walls and raised bed areas.
    •   New topsoil, landscaping and full irrigation in lawn and planter areas.
    •   New guard rails on top of the existing concrete overlook walls.
    •   New concrete and granite/gravel paving, new concrete mow strips, and limited cast in
        place curbing.
    •   Salvaging, relocation and minor repairs of existing site electrical light fixtures.
    •   Site amenities including cast in place benches, trash cans, and dogipots.
    •   Preserving and protecting the existing totem pole and fountain.


The conceptual drawing prepared by David Boe, Architect, included additional elements not
incorporated in the current design due to overall project cost limitations. Those elements would
comprise phase three and are listed below. These items remain as priorities for incorporation
as funds become available:

   •    Rehabilitation of the Totem Pole
   •    Artist Entry Arch for Park
   •    Open Air Arbor
   •    Additional site amenities (chess tables, picnic tables and playground structure), and
   •    Offsite   Improvements including:
            o      a sidewalk along "A" Street
            o      bulb outs and crosswalks at the corners of 9th & "A" Street and 8th & "A" Street,
            o     Pacific Avenue crossing to park - traffic calming




Funding Sources & Estimated Project Cost

Current Funding:         $480,000
• Open Space             $50,000
• CPTED                  $30,000
• REET                   $400,000


Phase 1 & 2 Estimated Project Cost                              $880,000
Phase 3 Additional Elements/Offsite Improvements                $150,000
Total Estimated Cost                                          . $1 ,030,000
Eric A. Anderson
February 25, 2011
Page 3

Outreach/Public Involvement

On March 18, 2010 the City of Tacoma hosted an open house to present the Fireman's Park
Safety Improvement Upgrade project, discuss CPTED improvements, and gather
public/stakeholder input. The City of Tacoma Community Relation department invited
stakeholders, area business owners, and others to the open house. Although the turn out was
small, those who were present expressed their interest and support of the project. The agenda
and list of attendees are included below.

Agenda

1. Welcome (Project Manager Darius Thompson)
2. Introductions of Project Team
3. Project Overview     .
       • Mike Teskey CPTED Coordinator
       • Council Member David Boe
       • Dan Wojtala Design Consultant (AHBL)
4. Questions, Comments, Concerns

Attendees:

Judee Encinas, Brian Boyd, David Boe, Blaine Johnson, Lisa Wojtanowicz, Darius Thompson,
and Sue O'Neill.

Schedule

The Fireman's Park current project schedule includes:

       Phase 1              Start                 Finish
       Design              10/9/09              05/13/11
       Ad and              05/16/11             07/29/11
       Award
       Phase I              08/01/11            01/9/12
       Construction
       Completion           01/09/12
       Phase 1




                                                                                                77
                                                                    City of Tacoma
 Property
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      •     Address
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      Abc Street Name
            PW Off Street Line
            Street Centerline
            Highway


            PugetSound
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            King County
            Thurston County


      B     1 foot pixel
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            Federal Way
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            Fircrest
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            Ruston
            University Place

                                                                                                              N
                                          SCALE 1 : 1,498


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                               ~.   !i"""1--·--==r----T?T.----: .... ::
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                                                 FEET
                                                              200         300
                                                                                                           A
                                                                                     Monday, February 28, 2011 10:47 AM
~Fireman's Park
 Safety Improvement Upgrades




                               COURT"




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        80
                       Req.#12876


                                             RESOLUTION NO. 38217
                   1
                       BY REQUEST OF COUNCIL MEMBER MELLO
                   2
                       A RESOLUTION relating to state and federal legislative policy; amending policy
                   3        statements regarding housing contained in the City of Tacoma Legislative
                   4
                            Policy Manual for 2011-2012.

                   5           WHEREAS the City of Tacoma maintains a set of adopted policy statements

                   6   contained in the City's "Legislative Policy Manual," which guide its lobbying
                   7   activities and expresses the position of the City on a variety of issues which may
                   8
                       come before the United States Congress and the Washington Legislature, and
                   9
                               WHEREAS it is necessary to periodically amend these policy statements as
                  10
                       issues change and new issues emerge, and
                  11

                  12           WHEREAS, at the March 1, 2011, Committee of the Whole meeting, it was

                  13   proposed that language be added to the City's Legislative Policy Manual to express

                  14   support for the U.S. Department of Housing and Urban Development's Section 8
                  15
                       housing choice voucher programs, which are vital to providing low-income housing
                  16
                       in Tacoma; Now, Therefore,
                  17

                  18

                  19

                  20

                  21

                  22

                  23

                  24

                  25

                  26



                       Res12876.doc-BF/lad
                                                                                                            81
LEG 004 (11/89)
                                 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:
                   1
                                 That the Tacoma City Council does hereby amend the City of Tacoma
                   2

                   3   Legislative Policy Manual for 2011-2012, said document to be substantially in

                   4   the form of the copies on file in the office of the City Clerk.

                   5   Adopted _ _ _ _ __
                   6

                   7                                               Mayor
                       Attest:
                   8

                   9   City Clerk
                  10

                  11   Approved as to form:

                  12

                  13                                   'L



                  14

                  15

                  16

                  17

                  18

                  19

                  20

                  21

                  22

                  23

                  24

                  25

                  26

             82
LEG 004 (11/89)
                                                                                                                 CITY CLERK USE ONLY


                                   REQUEST F O R ,
                            D ORDINANCE ~ RESOLX-!!ION()'J
                                                                 (,11/ If
                                                                      d

 .
1 DATE: Marc h 2 ,2 011
                                                                                Slh,
2. SPONSORED By: COUNCIL MEMBER(S) Council Member Mello                             . ; 1£.",

  3a. REQUESTING                                    4a. CONTACT (for questions):         PHONE:
      DEPARTMENTIDIVISIONIPROGRAM                       Celia Holderman                  253-591-5134
       Legislative
  3b. "Do PASS" FROM
      DYes                                          4b. Person Presenting:                PHONE:
      DNo                                               Randy Lewis                       253-591-5122
      D To Committee as information only
      ~ Discussed at Committee of the Whole
  3c. DID THIS ITEM GO BEFORE THE
                                                    4c. ATTORNEY: Bill Fosbre             PHONE:
      PUBLIC UTILITY BOARD?
                                                                                          253-591-5885
      DYes
      ~ Not required
                                                                                            C ~()t
                                                                                                '.~   "               C{l
                                                                                                                 -''t:,', ~ '(d/YV'-U "',-

            Department Director/Utility Division     Budget OfficeriFinance Director             City ManagerlDirector Utilities

  5. REQUESTED COUNCIL DATE: March 8, 2011
       (If a specific council meeting date is required, explain why; i.e., grant application deadline, contract
       expiration date, required contract execution date, public notice or hearing required, etc.)
       At Council Member Mello's request

  6. SUMMARY AGENDA TITLE: (A concise sentence, as it will appear on the Council agenda.)
       Amending policy statements regarding housing contained in the 2011-2012 City of Tacoma Legislative
       Policy Manual.

  7. BACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal
       requirements? What are the viable alternatives? Who has been involved in the process?)
       The City Council has established statements of policy expressing its views concerning issues, which may
       come before the Washington State Legislature and United States Congress. It is necessary to
       periodically amend these policy statements as issues change and new issues emerge.


       At the March 1,2011 Committee of the Whole meeting, Council Member Mello requested that additional
       language be added to the City's Legislative Policy Manual to express support for HUD's Section 8
       housing choice voucher programs, which are vital to providing low-income housing in Tacoma. The
       requested language would be added to page 24 of the manual, under the Economic and Community
       Development section - Housing. The proposed language requested by Council Member Mello is as
       follows:

          The City supports funding of HUD's public housing and Section 8 housing choice voucher programs.
          These mainline programs are the City of Tacoma's largest source of housing for low-income
          households, serving about 4,500 families comprised mostly of seniors, disabled persons and minor
          children. This funding also keeps Tacoma Housing Authority's portfolio, like Salishan, looking
          attractive and contributing to their neighborhoods. The voucher program brings in $25 million in
          payments to private landlords.                                                                                                 83
cotclerk\fonns\RequestResolutionOrdinance.doc                                                             Office of the City Clerk (01/07/2011)
RE'QUEST (CONT)




  8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED:
                         Source DocumentslBackup Material                             Location of Document
                2011-2012 Legislative Policy Manual                             Government Relations Office




  9. WHICH OF THE CITY'S STRATEGIC GOALS DOES THIS ITEM SUPPORT? (CHECK THE GOAL THAT BEST ApPLIES)
                                      A.   [3J A SAFE, CLEAN AND ATTRACTIVE COMMUNITY
                                      B. 0       A DIVERSE, PRODUCTIVE AND SUSTAINABLE ECONOMY
                                      C. 0       A HIGH-PERFORMING, OPEN AND ENGAGED GOVERNMENT


10. IF THIS CONTRACT IS FOR AN AMOUNT OF $200,000 OR LESS, EXPLAIN WHY IT NEEDS LEGISLATIVE APPROVAL:


 11. FINANCIAL IMPACT:                     o     EXPENDITURE         o REVENUE
                                      A.   [3J   No IMPACT (NO FISCAL NOTE)
                                      B. 0       YES, OVER $100,000, Fiscal Note Attached

                                      C. 0       YES, UNDER $100,000, (NO FISCAL NOTE)
                                                 Provide funding source information below:

       FUNDING SOURCE: (Enter amount of funding from each source)
         Fund Number & Name:                 State $           City $             Other $              Total Amount


          If an expenditure, is it budgeted?             0   Yes   0    No    Where? Cost Center:
                                                                                             Acct#:




cotclerk\forms \RequestResolutionOrdinance,doc                                                        Office of the City Clerk (01/07/2011)
Housing


The City strongly supports legislation that will create a more effective partnership
between Federal, State and local governments in addressing the needs of low-income
households. The City supports increased funding for the Housing Trust Fund/Housing
Assistance Program as a source of revenue for local governments.

The City also supports legislation which will seek continued capital funding for
affordable housing. A variety of proposals have come forward in recent years for
creative financing of affordable housing. The City has supported these efforts and
believes that State and local resources and creative tax strategies are the best methods
of providing more funding for affordable housing.

The City supports the use of real estate excise tax revenues (REET) for low-income
housing; the use of impact fees for preservation and replacement of low-income
housing; affordable housing in each district (including downtown) throughout the City;
fair housing provisions; and enhanced tenant relocation provisions when affordable
housing is renovated or replaced.

Taxation of property devoted to low-income housing and mobile home parks should be
permitted at current use instead of highest and best use. The City supports funding to
enable tenants, nonprofit organizations, housing authorities and local governments to
purchase at-risk Section 8 projects being converted to market rate rents. The City
values group homes for persons covered by federal, State and local protected classes
as a vital part of our neighborhoods and greater community. Racial and ethnic diversity
in housing throughout the City is encouraged through principles to affirmatively further
fair housing.

The City supports funding of HUO's public housing and Section 8 housing choice
voucher programs. These mainline programs are the City of Tacoma's largest source of
housing for low-income households, serving about 4,500 families comprised mostly of
seniors, disabled persons and minor children. This funding also keeps Tacoma
Housing Authority's portfolio, like Salishan, looking attractive and contributing to their
neighborhoods. The voucher program brings in $25 million in payments to private
landlords.

Properties owned and leased by nonprofits to provide permanent housing for the
homeless should receive property tax exemptions. Current law only applies to shelters
and transitional housing. A sales tax exemption and property tax deferral for
improvements made by nonprofits to upgrade substandard housing is also needed.

Numerous affordable dwelling units are currently unavailable to potential owners or non-
profit housing organizations because they have been closed under various drug




                                                                                             85
     elimination programs and dangerous building code enforcement actions. Rehabilitation
     of this housing should be encouraged through forgiveness or reduction of liens placed
     against the property.

     The City supports the community mobilization programs such as Tacoma CARES, the
     Hilltop Action CoalitionJ. and Safe Streets which assists local neighborhood revitalization
     and code enforcement activities.

     The Tacoma Housing Authority is rebuilding the City's historic Salishan community
     using Federal Hope VI funds as well as local and private funds. The City took a lead
     role in securing the Hope VI funds and this project is the largest in the nation in terms of
     acreage. The City supports completion of the project and believes there is an
     appropriate role for State funding assistance. The City also supports collaboration
     between the State and Federal governments and the Tacoma Housing Authority for like
     projects around the city.

     The State should encourage appropriately designed construction and rehabilitation of
     affordable residential housing for low to moderate income families and individuals
     through financial and/or tax incentives to private developers.

     The City supports programs that would facilitate home ownership by low- and moderate-
     income families and would provide a variety of affordable homes,. These programs may
     include urban homestead programs, land trusts and tax increment financing tools as
     well as other options.

     The Legislature has also considered proposals to override local zoning authority and
     force reductions in community construction standards packaged as affordable housing
     programs. The City opposes such efforts as both inappropriate and misdirected.

     Tacoma has the highest foreclosure rate in the State. The City will look for ways to
     provide assistance to homeowners facing foreclosure and guard against abuse. The
     City supports first time homebuyer programs, especially in challenged neighborhoods.

     Encouraging new downtown and mixed use center housing helps the City implement its
     Growth Management Act requirements to increase density and provide for affordable
     housing. The City has played a leadership role in the area, introducing successful
     property tax deferral legislation for multi-family housing that is now available to most
     cities in the state. The City has also introduced and supported legislation updating
     urban renewal statutes, providing tax increment financing and other approaches. The
     City continues to support these and other development tools that encourage growth in
     urban centers.

     The Legislature has mandated that the City must allow new manufactured houses to be
     located in any residential zone. The legislation does allow the City to require
     manufactured homes to meet any design guidelines that apply to conventional
     construction and to meet certain other foundation requirements. The legislation should




86
also allow the City to require manufactured homes placed on vacant lots to be of similar
size and style to surrounding homes.




                                                                                           87
                       Req.#12852


                                               ORDINANCE NO.                 27973
                   1
                     AN ORDINANCE relating to the City's Code of Ethics; amending Title 1 of the
                   2      Tacoma Municipal Code by repealing and reenacting Chapter 1.46 in its
                          entirety.
                   3
                               WHEREAS subsection 1.46.045.C.1.g. of the Tacoma Municipal
                   4

                   5   Code ("TMC") authorizes the Board of Ethics to make recommendations to the

                   6   City Council regarding amendments to the City's Ethics Code ("Code"), as it

                   7   deems necessary or desirable, and
                   8
                               WHEREAS, pursuant to subsection 1.46.045.C.1.g TMC, the Board of
                   9
                       Ethics met during 2010 and now proposes amendments to the City's Ethics
                  10
                       Code that include both substantive changes as well as changes to make the
                  11
                  12   Code easier to read and understand, and

                  13           WHEREAS the proposed changes include (1) clarifying the process and

                  14   jurisdiction of the Board of Ethics, (2) standardizing terms and definitions, and
                  15   (3) removing the mere appearance of a conflict of interest or impropriety as
                  16
                       violation of the Code, and
                  17
                               WHEREAS the proposed changes will make the following actions
                  18
                       violations of the Code: (1) participation by a City officer or employee in a
                  19

                  20   transaction involving a firm in which a City officer or employee has an ongoing

                  21   financial interest, (2) commission of a crime of dishonesty or moral turpitude

                  22   relating to or arising from duties as a City officer or employee, (3) failure to file a
                  23
                       financial disclosure report for those required to file, and (4) acceptance by a
                  24
                       City officer or employee of any gifts beyond nominal promotional items
                  25
                       (removing the current $50 threshold), and
                  26

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                                                                                                                 88
LEG 004 (11/89)
                                 WHEREAS, due to the extent of the changes, it is necessary to repeal
                   1
                       and reenact the City's Ethics Code codified as Chapter 1.46 TMC, and
                   2

                   3
                                 WHEREAS, on December 15, 2010, the Government Performance and

                   4   Finance Committee gave the proposed changes to the Ethics Code a

                   5   "do pass"; Now, Therefore,
                   6
                                 BE IT ORDAINED BY THE CITY OF TACOMA:
                   7
                                 That Chapter 1.46 of the Tacoma Municipal Code is repealed and
                   8
                       reenacted, as set forth in the amendment attached as Exhibit "A."
                   9
                       Passed _ _ _ _ _ __
                  10

                  11
                                                                  Mayor
                  12   Attest:
                  13

                  14
                       City Clerk
                  15

                  16

                  17

                  18

                  19

                  20

                  21

                  22

                  23

                  24

                  25

                  26

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LEG 004 (11/89)
                                                                      EXHIBIT "A"
                   1

                   2
                                                                     Chapter 1.46
                   3
                                                                 CODE OF ETHICS
                   4
                       Sections:
                   5   1.46.010     Purpose.
                       1.46.020     Definitions.
                   6   1.46.025     Jurisdiction.
                       1.46.030     Prohibited conduct.
                   7   1.46.040     Complaint process.
                       1.46.045     Board of Ethics.
                   8   1.46.050     Penalties for noncompliance.
                       1.46.060     Where to seek review.
                   9   1.46.070     Severability.
                       1.46.080     Financial disclosure.
                  10
                       1.46.010 Purpose.
                  11
                       A. The policy of the City of Tacoma is to uphold, promote, and demand the highest standards of ethics
                       from all City officers and employees, whether elected, appointed, or hired. City officers and employees
                  12
                       shall maintain the utmost standards of personal integrity, truthfulness, honesty, and fairness in carrying out
                       their public duties; avoid any improprieties in their roles as public servants, including the appearance of
                  13
                       impropriety; and never use their City position or powers for improper personal gain.
                       B. The purpose for this policy is to protect the public against decisions that are affected by undue
                  14
                       influence, conflicts of interest, or any other violation of this Code of Ethics.
                       C. Construction. It is the intention ofthe City Council that this chapter be liberally construed within the
                  15   confines of chapter 42.23 RCW and Section 6.6 of the Tacoma City Charter to accomplish this purpose.
                       Those construing this chapter should be guided by common sense and practicality. This Code of Ethics is
                  16   supplemental to state law, chapter 42.23 RCW, as now or hereafter amended.

                  17
                       1.46.020      Definitions.
                       The following words and phrases as used in this chapter, unless the context clearly indicates otherwise,
                  18
                       shall have the following meanings:
                  19   A. "Board of Ethics" ("Board") means the Board authorized to hear and decide complaints of violations
                       of this Code of Ethics by current and former Covered Officials pursuant to Section 1.46.045 TMC and as
                  20   that section may be hereinafter amended.
                       B. "Business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise,
                  21   association, organization, self-employed individual, consultant, holding company, joint stock company,
                       receivership, trust, or any legal entity organized for profit.
                  22   C. "City-elected official" means any person who is elected at a general or special election to any public
                       office of the City of Tacoma and any person appointed to fill a vacancy in any such office.
                  23   D. "City officer or employee" means a current or former City-elected official; an appointed member of a
                       City Board, Commission, Committee, task force, or other multi-member body; and any City employee.
                  24   E. "Compensation" means payment in any form for real or personal property or services of any kind.
                       F. "Covered Official" means a current or former City-elected official; the City Manager; the Director of
                  25   Public Utilities; a member of the Public Utility Board; or an appointed member of a City Board,
                       Commission, Committee, task force, or other multi-member body.
                  26
                                                                                                                                        9
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LEG 004 (11/89)
                        G. "Gift" means a voluntary transfer ofreal or personal property of any kind or the voluntary rendition of
                    1   services of any kind without consideration of equal or greater value.
                        H. "Hearing Examiner" shall mean the duly appointed and qualified Hearing Examiner or
                    2   Deputy Examiner of the City of Tacoma, or his or her designee, who shall possess qualifications
                        comparable to those required of the Hearing Examiner and Deputy Examiner pursuant to
                    3   Chapter 1.23 TMC.
                        I. "Immediate family" shall have the meaning set forth in Section 1.24.130 TMC and as that section may
                    4   be hereinafter amended.
                        J. "Person" means any individual or corporation, business, or other entity, however constituted,
                    5   organized, or designated.

                    6   1.46.025.    Jurisdiction:
                        The following four groups of people are bound by the Code of Ethics:
                    7   A. Current Covered Officials;
                        B. Former Covered Officials;
                    8   C. Current City officers and employees; and
                        D. Former City officers and employees who come back as contractors.
                    9   E. Jurisdiction over complaints of violations of this code against current and former Covered Officials
                        lies with the Board of Ethics.
                   10   F. Jurisdiction over complaints of violation of this code against current and former City officers and
                        employees, other than current or former Covered Officials, lies with the City Manager or Director of
                   11   Utilities and, in the event of request for formal hearing following disposition by the City Manager or
                        Director of Utilities, with the Hearing Examiner.
                   12
                        1.46.030     Prohibited conduct.
                   13   The following shall constitute violations of this Code of Ethics:
                        A. Beneficial Interests in Contracts Prohibited. No City officer or employee shall participate in his or her
                   14   capacity as a City officer or employee in the making of a contract in which he or she has a financial
                        interest, direct or indirect, within the meaning of Section 6.6 of the Charter of the City of Tacoma or
                   15   performs in regard to such a contract some function requiring the exercise of discretion on behalf of the
                        City. Except, that this prohibition shall not apply where the City officer or employee has only a remote
                   16   interest in the contract and where the fact and extent of such interest is disclosed and noted in the official
                        minutes or similar records of the City prior to formation of the contract and thereafter the City Council
                   17   authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the
                        purpose without counting the vote or votes of the officer(s) having the remote interest. For purposes of
                   18   this section, a "remote interest" means:
                        1. That of a nonsalaried officer of a nonprofit corporation;
                   19   2. That of an employee or agent of a contracting party where the compensation of such employee or agent
                        consists entirely of fixed wages or salary;
                   20   3. That of a landlord or tenant of a contracting party;
                        4. That ofa holder of less than I percent of the shares ofa corporation, limited liability company, or other
                   21   entity which is a contracting party.
                        B. Beneficial Influence in Contract Selection Prohibited. No City officer or employee shall influence the
                   22   City's selection of or its conduct of business with a corporation, person, or firm having or proposing to do
                        business with the City if the City officer or employee has a financial interest in or with the corporation,
                   23   person, or firm, unless such interest is a remote interest and where the fact and extent of such interest is
                        disclosed and noted in the official minutes or similar records of the City prior to formation of the contract,
                   24   as defined in the preceding section.
                        C. Representation of Private Person at City Proceeding Prohibited. No City officer or employee shall
                   25   appear on behalf of a private person, other than himself or herself or an immediate family member or
                        except as a witness under subpoena, before any regulatory governmental agency or court of law in an
                   26

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LEG 004 (11/89)
                       action or proceeding to which the City or a City officer or employee in an official capacity is a party, or
                   1   accept a retainer or compensation that is contingent upon a specific action by the City.
                       D. Certain Private Employment Prohibited. No City officer or employee shall engage in or accept private
                   2   employment or render services for any private interest when such employment or service is incompatible with
                       the proper discharge of official duties or would tend to impair independence of judgment or action in the
                   3   performance of official duties.
                       E. Beneficial Interest in Legislation Prohibited. No City officer or employee, in appearing before the City
                   4   Council or when giving an official opinion before the City Council, shall have a financial interest in any
                       legislation coming before the City Council and participate in discussion with or give an official opinion to the
                   5   City Council, unless such interest is a remote interest and where the fact and extent of such interest is
                       disclosed and noted on the record ofthe City Council, or similar records of the City, prior to consideration of
                       the legislation by the City Council.
                   6
                       F. Continuing Financial Interest. Where a City officer or employee has a substantial ongoing financial
                       relationship with a corporation, firm, or person seeking a contract, or proposing to do business with the City,
                   7
                       such City officer or employee shall not:
                       1. Influence or participate in the City's contract selection of or conduct business with such corporation, firm,
                   8
                       or person; nor
                       2. Influence or participate in the City's contract selection of, or conduct business with, a corporation, firm, or
                   9
                       party competing against a party that a City officer or employee has such a substantial ongoing financial
                       relationship.
                  10
                       For purpose of this section, a substantial ongoing financial relationship is defined as: expanding beyond just a
                       formal contractual relationship. Rather it encompasses any financial interest, direct or indirect, where a City
                  11
                       officer or employee is involved in a client-service relationship in which:
                       a. the City officer or employee receives a substantial portion of his or her revenue or like compensation
                  12   through such relationship, whether received through his or her corporation, firm, or as an individual; or
                       b. Such client-service relationship is likely to continue to provide considerable potential business or has
                  13   provided substantial business in the past. This does not include prior financial relationships that are so far
                       removed in time or rare in frequency as to be insignificant.
                  14   G. Disclosure of Confidential Information Prohibited. No City officer or employee shall disclose or use any
                       confidential, privileged, or proprietary information gained by reason of his or her official position for a
                  15   purpose which is for other than a City purpose; provided, that nothing shall prohibit the disclosure or use of
                       information which is a matter of public knowledge or which is available to the public on request.
                  16   H. Improper Use of Position Prohibited. No City officer or employee shall knowingly use his or her office or
                       position to secure personal benefit, gain or profit, or use his or her position to secure special privileges or
                  17   exceptions for himself, herself, or for the benefit, gain, or profits of any other persons.
                       1. Improper Use of City Personnel Prohibited. No City officer or employee shall employ or use any person
                  18   under his or her official control or direction for the personal benefit, gain, or profit of the City officer or
                       employee or another.
                  19   J. Improper Use of City Property Prohibited. No City officer or employee shall use City-owned vehicles,
                       equipment, materials, money, or property for personal or private convenience or profit. Use is restricted to
                  20   such services as are available to the public generally, for the authorized conduct of official business, and for
                       such purposes and under such conditions as are approved by administrative order of the City Manager or
                  21   Director of Public Utilities; provided, that the use of a City vehicle by a City officer or employee participating
                       in a carpooling program established by the City and for a purpose authorized under such program shall not be
                  22   considered a violation of this section or of any other provision of this chapter.
                       K. Acceptance of Compensation, Gifts, Favors, Rewards, or Gratuity Prohibited. No City officer or
                  23   employee may, directly or indirectly, give or receive, or agree to give or receive, any compensation, gift,
                       favor, reward, or gratuity for a matter connected with or related to the City officer or employee's services with
                  24   the City of Tacoma, except this prohibition shall not apply to:
                       1. Attendance of a City officer or employee at a hosted meal when it is provided in conjunction with a meeting
                  25   directly related to the conduct of City business or where official attendance by the City officer or employee as
                       a City representative is appropriate;
                  26

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                                                                                                                                            9
LEG 004 (11/89)
                       2. An award publicly presented in recognition of public service; or
                   1   3. Nominal promotional items including, but not limited to, items such as ball point pens, calendars,
                       wearing apparel, or food items which cannot reasonably be presumed to influence the vote, action, or
                   2   judgment of the City Official or be considered as part of a reward for action or inaction.
                       L. Commission of Acts of Moral Turpitude. No City officer or employee shall commit any act of moral
                   3   turpitude or dishonesty relating to his or her duties or position as a City officer or employee or arising
                       from business with the City. Conviction of a felony or a misdemeanor involving moral turpitude, the
                   4   nature of which demonstrates lack of fitness for the position held, is conclusive evidence of a violation of
                       this Code of Ethics.
                   5   M. Failure to Comply with Section 1.46.080 TMC. Failure to comply with the requirements of
                       Section 1.46.080 TMC (Financial Disclosure for Covered Officials) is a violation of this Code of Ethics.
                   6   N. Impermissible Conduct After Leaving City Service.
                       1. Disclosure of Privileged, Confidential, or Proprietary Information Prohibited. No former City officer
                   7   of employee shall disclose or use any privileged, confidential, or proprietary information gained because
                       of his or her City employment or office.
                   8   2. Participation in City Matters Prohibited. No former City officer or employee shall, during the period of
                       one year after leaving City office or employment:
                   9   a. Assist any person in matters involving the City if, while in the course of duty with the City, the former
                       City officer or employee was officially involved in the matter or personally and substantially participated
                  10   in the matter or acted on the matter.
                       b. Represent any person as an advocate in any matter in which the former City officer or employee was
                       involved while a City officer or employee; or
                  11
                       c. Participate as or with a bidder, vendor, or consultant in any competitive selection process for a City
                       contract in which he or she assisted the City in determining the project or work to be done or the process
                  12
                       to be used.
                       3. Duty to Inform. Whenever a current City officer or employee wishes to contract with a former City
                  13
                       officer or employee for expert or consultant services within one year of the latter leaving City service or
                       office, advance notice shall be given to the City Manager for matters concerning City government or to
                  14
                       the Director of Public Utilities for matters concerning the Department of Public Utilities about the
                       proposed agreement. The City Manager or Director of Utilities shall evaluate the proposed contract to
                  15   determine if there is a conflict with this Code of Ethics. If there is a question of this nature, the City
                       Manager or Director of Utilities may submit the matter to the Board of Ethics for an opinion. If the
                  16   proposed contract is found to present a conflict with this Code, it shall not be allowed.
                       4. Exceptions. The prohibitions of subsections 2.a and 2.b of this section shall not apply to a former City
                  17   officer or employee acting on behalf of a governmental agency, unless such assistance or representation is
                       adverse to the interest of the City.
                  18
                       1.46.040 Complaint process.
                  19
                       A. A complaint alleging that this Code of Ethics has been violated may be filed with any City officer or
                       employee.
                  20   B. A complaint alleging that the Code of Ethics has been violated by a current or former Covered Official
                       shall be referred to the Board of Ethics for disposition pursuant to the procedures set forth in
                  21   Section 1.46.045 TMC.
                       C. A complaint alleging that the Code of Ethics has been violated by any City officer or employee (other
                  22   than a Covered Official) shall be referred to the City Manager or the Director of Public Utilities, as
                       appropriate. The City Manager or the Director of Public Utilities shall promptly designate an individual to
                  23   conduct an investigation of the complaint.
                       D. The person designated by the City Manager or the Director of Public Utilities to conduct an investigation
                  24   of a complaint involving any City officer or employee (other than a Covered Official) shall complete the
                       investigation and prepare written findings, conclusions, and recommended disposition within 60 days ofthe
                  25   date the complaint was received by the City, unless an extension is granted in writing by either the City

                  26

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LEG 004 (11/89)
                           Manager or the Director ofPubJic Utilities. A copy of the investigator's written findings, conclusions, and
                       1   recommended disposition shall be provided to the City Manager or the Director of Public Utilities, as
                           appropriate.
                   2       E. Within five business days of receipt of the investigator's written findings, conclusions, and recommended
                           disposition, the City Manager or the Director ofPubJic Utilities, as appropriate, shall cause to be prepared a
                   3       written disposition of the complaint. Copies of the recommended disposition and the investigation findings
                           and conclusions shall be forwarded by certified mail to the complaining party and the party complained
                   4       against at their last known addresses. Additional copies of the recommended disposition shall be forwarded
                           to the investigator, the City Attorney or the City Attorney's designee, and the person(s) responsible for acting
                   5       on the recommended disposition. The recommended disposition shall not be implemented until the time for
                           requesting a formal hearing, pursuant to subsection F below, has lapsed and no such hearing has been
                   6       requested. A disposition involving discipline shall not be implemented except upon compliance with the
                           predisciplinary procedures to which the City officer or employee is entitled.
                   7       F. The City officer or employee (other than a Covered Official) complained against may, within ten business
                           days following the date of the disposition, finding a violation of this Code of Ethics, request in writing a
                   8       formal hearing before the Hearing Examiner. In the event a formal hearing is requested, the Hearing
                           Examiner shall conduct the hearing process in a manner consistent with the procedures set forth in
                   9       Chapter 1.23 TMC and as such chapter may be hereinafter amended.
                           G. Within 30 days after the conclusion of the hearing, the Hearing Examiner shall, based upon a
                  10       preponderance of the evidence, prepare fmdings of fact, conclusions of law, and his or her order or
                           recommendation. Copies of the Hearing Examiner's fmdings, conclusions, and order or recommendation
                  11       shall be forwarded by certified mail to the complaining party and the party complained against at their last
                           known addresses. Additional copies of the findings, conclusions, and order shall be forwarded to the
                           investigator, the City Attorney or the City Attorney's designee, and the person(s) or body responsible for
                  12
                           acting on the Hearing Examiner's order or recommendation.
                  13       1.46.045 Board of Ethics.
                           A. Purpose. The Board of Ethics shall receive, investigate, and make recommendations for disposition of
                  14       complaints of violations of the Code of Ethics by current and former Covered Officials.
                           B. Composition.
                  15        1. The Board of Ethics shall be composed of five regular members who are residents ofthe City appointed
                           by majority vote of the City Council upon recommendation by the City Council Appointments Committee.
                  16       Members of the Board shall serve without compensation and shall not, except for their appointment as a
                           member of the Board of Ethics, be a City officer or employee.
                  17       2. Board members shall serve staggered terms ofthree years. The initial terms shall be one year for the first
                           member appointed, two years for the second and third members appointed, and three years for the fourth and
                  18       fifth members appointed. No person shall serve more than two consecutive full terms as a member of the
                           Board. A member shaH hold office until a member's successor is appointed; provided, that the term of the
                  19       successor shaH be deemed to have commenced upon the expiration of the term of the member holding over
                           and shaH be considered a fuH term.
                  20       3. Appointments to a vacant position shall be made in the same manner as appointments for a fuH term.
                           4. The Board shaH select its own Chair and Vice Chair from among its members.
                  21       5. The City Manager shaH provide such staff support for the Board as the City Council determines to be
                           necessary for the Board to fulfiH its duties.
                  22       6. The Board's meetings shaH be open to the public in accordance with the Open Public Meetings Act.
                           7. The City Attorney is designated to be the legal advisor for the Board, except that the City Attorney is not
                  23       authorized to advise the Board in any matter if doing so would create a conflict for the City Attorney under
                           the Rules of Professional Conduct.
                  24       C. Duties and Powers of the Board.
                           1. Adopt written rules governing its procedures and providing for the holding of regular and special
                  25       meetings, which rules shaH be subject to the approval of the City Council and a copy ofthe rules shaH be
                           filed with the City Clerk; and
                  26

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LEG 004 (11/89)
                       2. Conduct hearings, as needed, to hear and decide specific cases in which a violation of the Code of Ethics
                   1   by a current or former Covered Official is alleged, whether such cases arise from a complaint or are brought
                       on the Board's own motion; and
                   2   3. Subpoena witnesses, compel their attendance, administer oaths, take the testimony ofa person under oath,
                       and in connection therewith, to require the production for examination of any books or papers relating to any
                   3   matter under investigation or in question before the Board; and
                       4. No later than March I of each year, submit an annual report to the City Council concerning its action in
                   4   the preceding year. The report shall contain a summary of its decisions and opinions, both open and
                       confidential, and the Board shall make any alterations in the summaries necessary to prevent disclosure of
                   5   any confidential information pertaining to any individual or to any organization if the disclosure could lead to
                       the disclosure of the identity of a person who is entitled to confidentiality; and
                   6   5. When circumstances make it necessary to do so, retain outside legal counsel and other experts, as needed,
                       after solicitation of recommendations from the City Attorney (unless the need to retain outside counsel is
                   7   caused by a conflict involving the City Attorney's Office); and
                       6. Serve as legal custodian of the Board's recordsand accept, file, maintain, and administer, in accordance
                   8   with all applicable laws, any information related to the purposes of this Code of Ethics; and
                       7. Make recommendations to the City Manager and to the City Council for amendments to this chapter, the
                   9   City Charter, and for such other legislation affecting the subject matter of this chapter as the Board of Ethics
                       may deem necessary or desirable.
                  10   D. All opinions and recommendations of the Board shall be filed with the City Clerk and are open to public
                       inspection.
                  11   E. The Board may, in addition to its other duties:
                       I. Respond, as it deems appropriate, to requests from City officials and employees for opinions regarding
                       prospective conduct. Provided, however, that neither a request for an opinion nor the making of a statement
                  12
                       concerning a potential conflict of interest made by a Covered Official in the course of abstaining from voting
                       or making a motion of self-recusal shall create a presumption or inference that such Covered Official has a
                  13
                       personal interest in the matter about which the opinion was requested.
                       2. Render and publish opinions on any matter within the scope of the Board's authority which it may deem
                  14
                       appropriate. The Board may initiate opinions on its own motion or upon request; any formal opinion shall be
                       in writing. Rendering any such opinion shall not preclude the Board from considering subsequent complaints
                  15   on the matter addressed in the opinion.
                       3. Refer a complaint received by the Board to other legal authority for investigation or criminal prosecution,
                  16   as may be appropriate. Before any such referral, the Board shall consult with the City Attorney (or other
                       legal advisor, if a conflict prevents the City Attorney from advising the Board). Ifthe Board determines that
                  17   it may, under the Code of Ethics, have jurisdiction over a complaint that also alleges conduct that could be a
                       violation of another code, statutory, or regulatory provision, the Board may stay its consideration of the
                  18   complaint pending the outcome of any official investigation or criminal prosecution either on its own motion
                       or at the request of the appropriate legal authority.
                  19   F. Complaint Process of the Board of Ethics.
                       1. Any City official knowingly receiving a complaint that the Code of Ethics has been violated by a Covered
                  20   Official shall promptly forward the complaint to the Board or the Board's designee.
                       2. The Board, upon receipt of the complaint, shall acknowledge receipt ofthe complaint, forward the
                  21   complaint simultaneously to the person who is complained against, if known, and the City Attorney, and
                       promptly meet and review the complaint. As soon as practicable after giving due consideration to a
                  22   complaint the Board shall either:
                       a. dismiss the complaint based on any of the following grounds: (i) the complaint does not allege facts
                  23   sufficient to constitute a violation of the Code of Ethics; or (ii) the Board has no jurisdiction over the matter;
                       or (iii) the failure of the complainant to cooperate in the Board's review and consideration of the complaint;
                  24   or
                       b. determine that: (i) the complaint alleges facts which, iffound to be true, would be sufficient to constitute
                  25   a violation ofthe Code of Ethics; or (ii) that further information must be presented for the Board to determine
                       if a violation of the Code of Ethics has occurred.
                  26

                                                                               -8-
                  95   Ord12852.doc-MPLllad


LEG 004 (11/89)
                           3. In order to establish the factual record necessary for the Board to determine whether a violation of the
                       1   Code of Ethics has occurred, the Board can either appoint an investigator to conduct an investigation ofthe
                           facts or convene a hearing at a future date certain.
                   2       a. If the Board appoints an investigator, the investigator shall interview witnesses, as well as procure and
                           examine relevant documents and records. The investigator shall complete the investigation and prepare
                   3       written findings within 60 days ofthe date the complaint was received by the Board, unless an extension is
                           granted in writing by the Board. A copy of the investigator's written findings shall be provided to the Board.
                   4       Within ten business days of receipt of the investigator's written findings, the Board shall convene to review
                           the complaint and the findings of the investigator. After due deliberation on the findings presented by the
                   5       investigator, the Board may take one of the following actions.
                           i. Determine that no violation of the Code of Ethics has occurred.
                   6       ii. Make a preliminary finding that a violation of the Code of Ethics has occurred. If the Board, based on the
                           findings presented by the investigator, finds that a violation of the Code of Ethics has occurred, it shall issue
                   7       preliminary fmdings of fact and conclusions oflaw, and the person complained against shall have ten days
                           following the receipt of the Board's preliminary findings to request a hearing before the Board to present any
                   8       additional testimony, statements, or documentary evidence, as may be relevant. At such a hearing, the Board
                           may call additional witnesses or consider additional documentary evidence. After final deliberations on the
                   9       investigator's fmdings, as well as any additional testimony, statements, or documents presented at the
                           hearing, the Board shall determine whether or not a violation of the Code of Ethics has occurred.
                  10       4. A complaint dismissed under subsection F(2) shall be deemed to be dismissed with prejudice. A
                           complaint dismissed by Board under subsections F(2)(a)(i) or (ii) will not be reconsidered if resubmitted by
                           the complainant unless factual allegations not present in the original complaint are presented. A complaint
                  11
                           dismissed by the Board under subsection F(2)(a)(iii) cannot be resubmitted.
                           5. After the Board has made its fmal determination under subsection F(2)(a) or F(3)(a) or (b), the Board
                  12
                           shall issue its written findings of fact and conclusions of law, along with its recommended disposition (if
                           applicable). The Board may, in addition, issue any additional reports, opinions, or recommendations as it
                  13
                           deems advisable under the circumstances. All such reports shall be reviewed by the City Attorney (or
                           independent legal counsel in the event that a conflict ofinterest prevents the City Attorney from conducting
                  14
                           the review) prior to their issuance. The Board's conclusions shall be based on the preponderance of the
                           evidence standard.
                  15       6. Copies ofthe written fmdings offact, conclusions, and recommended disposition of the Board of Ethics
                           shall be forwarded by certified mail to the complaining party and the party complained against at their last
                  16       known addresses. Additional copies of the written findings offact, conclusions, and recommended
                           disposition of the Board of Ethics shall be forwarded to the investigator, the City Attorney (or independent
                  17       legal counsel), the City Council for matters involving a City-elected official, an appointed member of the
                           Public Utilities Board or other City board, commission, committee, task force or other multimember body, or
                  18       the City Manager and the Public Utilities Board, for matters involving the Director of Public Utilities. All
                           other recommendations shall be forwarded, as is appropriate, by the City Attorney.
                  19       G. Limitations on the Board of Ethics' Power. The Board does not have the authority to reverse or
                           otherwise modifY a prior action ofa City officer or employee. If the Board finds a prior action ofa City
                  20       officer or employee to have been performed in violation of the Code of Ethics, the Board may advise the
                           appropriate party or parties that the action should be reconsidered. Upon such advice by the Board, the
                  21       action shall be reconsidered by the appropriate person or public body. If the Board determines an existing
                           City contract to be in violation of the Code of Ethics after such determination and advice from the Board, the
                  22       City may void or seek termination ofthe contract iflegally permissible.
                           H. Ex Parte Communications. After a complaint has been filed and during the pendency of a complaint
                  23       before the Board, no member ofthe Board may communicate directly or indirectly with any party or other
                           person about any issue of fact or law regarding the complaint, except that:
                  24       1. The members of the Board may obtain legal advice from the City Attorney or, in the event ofa conflict,
                           with independent legal counsel and may discuss the complaint with their staff.
                  25       2. The members of the Board may discuss the complaint at a lawfully conducted meeting. Board
                           deliberations concerning complaints are subject to exemption from the Open Public Meetings Act, as
                  26       permitted by law. If any person attempts to communicate with a Board member regarding the pending

                                                                                  -9-
                           Ord 12852.doc-MPUlad

                                                                                                                                               9
LEG 004 (11/89)
                        complaint, the Board member shall report the substance ofthe communication to the Board on the public
                    1   record at the next regular meeting of the Board.
                        3. The Board shall not take testimony or comments from any person regarding a complaint except as
                    2   presented in an investigative report or in the course of a duly noticed public hearing.
                        1. Statute of Limitations. No action may be taken on any complaint which is filed later than three years after
                    3   a violation of the Code of Ethics is alleged to have occurred.

                    4   1.46.050      Penalties for noncompliance.
                        A. The Board may recommend and the Tacoma Public Utility Board or City Council, as appropriate, may
                    5   impose upon any Covered Official found, by a preponderance of the evidence, to have violated any
                        provision of this Code of Ethics any of or a combination of the following penalties. The City Manager or
                    6   Director of Public Utilities may similarly impose upon any City officer or employee (other than Covered
                        Officials) found by a preponderance of evidence to have violated any provision of the Code of Ethics any
                    7   of or a combination of the following penalties:
                        1. A cease and desist order as to violations of this Code of Ethics;
                    8   2. An order to disclose any reports or other documents or information requested by the City Manager, the
                        Director of Public Utilities, the Hearing Examiner, the Public Utility Board, the City Council, or the
                    9   Board of Ethics;
                        3. Discipline, up to and including termination or removal from any position, whether paid or unpaid,
                   10   excluding elected positions, only after notice and hearing as provided by law. The predisciplinary
                        procedure set forth in the provisions of the Tacoma City Charter and Section 1.24.955 TMC, and as such
                   11   may be hereinafter amended, shall be followed for permanent employees in the Classified City Service.
                        4. Exclusion from bidding on City contracts for a period of up to five years; and/or
                   12   5. Termination or invalidation of contract(s) entered into in violation of the Code of Ethics, only if such
                        contract(s) provide for termination in the event of a Code of Ethics violation.
                   13   B. Removal-Member of Board, Commission, or Committee. In addition to any other penalties that may
                        be imposed under this chapter, the City Council may remove any appointed member of a City board,
                   14   commission, committee, task force, or other multimember body, including the Public Utility Board, ifthat
                        member is found by the Board of Ethics to have violated the Code of Ethics. The recommendation of the
                         Board of Ethics shall be subject to review by the City Council. The City Council's final decision shall be
                   15
                        based on evidence in the record. The provisions of this section shall supplement any other procedures
                        required by the Tacoma City Charter or other applicable state or federal law for removal of such persons.
                   16
                         C. In addition to any other penalties set forth in this chapter, any current or former City-elected official
                         against whom a complaint has been made and whom the City Council determines to be found by a
                   17
                         preponderance of the evidence to have violated the Code of Ethics may be subject to anyone or more of
                         the following actions by a majority vote of the City Council:
                   18
                         1. Admonition. An admonition shall be a verbal statement approved by the City Council and made to the
                         individual by the Mayor, or his or her designee, or if the complaint is against the Mayor, the Deputy
                   19
                         Mayor, or his or her designee.
                         2. Reprimand. A reprimand shall be administered to the individual by a resolution of reprimand by the
                   20    City Council. The resolution shall be prepared by the City Council and shall be signed by the Mayor or, if
                         the complaint is against the Mayor, the Deputy Mayor. If the City-elected official objects to the content
                   21    of such resolution, he or she may file with the Mayor or, if the complaint is against the Mayor, the Deputy
                         Mayor, a request for review stating the reasons for his or her objections and asking for a review of the
                   22    content of the resolution of reprimand by the City Council. The City Council shall review the resolution
                         of reprimand in light of the City Council's findings and the request for review and may take whatever
                   23    action, if any, appears appropriate under the circumstances. The action of the City Council shall be final
                         and not subject to further review or appeal except as may be otherwise provided by law.
                   24    3. Censure. A resolution of censure shall be a resolution read personally to the individual in public. The
                         resolution shall be prepared by the City Council and shall be signed by the Mayor or, if the complaint is
                   25    against the Mayor, the Deputy Mayor. The City-elected official shall appear at a City Council meeting at
                         a time and place directed by the City Council to receive the resolution of censure. Notice shall be given at
                   26    least 20 calendar days before the scheduled appearance, at which time a copy of the proposed resolution

                                                                              -10-
                  97    Ord 12852.doc-MPLllad


LEG 004 (11/89)
                        of censure shall be provided to the City-elected official. Within seven days of receipt of the notice, if the
                    1   City-elected official objects to the contents of such resolution, he or she may file with the Mayor or, if the
                        complaint is against the Mayor, the Deputy Mayor, a request stating the reasons for objections and asking
                    2   for a review of the content of the proposed resolution of censure by the City Council. Such request will
                        stay the administration of the censure. The City Council shall review the proposed censure in light of the
                    3   City Council's findings and the request for review and may take whatever action, if any, appears
                        appropriate under the circumstances. The action of the City Council shall be final and not subject to
                    4   further review or appeal except as may be otherwise provided by law. Ifno such request is received, the
                        resolution of censure shall be administered at the time and place set. It shall be read publicly, and the
                    5   City-elected official shall not make any statement in support of or in opposition thereto, or in mitigation
                        thereof. A censure shall be administered at the time it is scheduled whether or not the individual appears
                    6   as required.
                        4. Other penalties. Budget reduction or restriction, loss of seniority, loss of a committee assignment, or
                        loss of appointment as a representative of the City on any board, commission, committee, task force, or
                    7
                        other multi-member bodies which require an appointment or confirmation of an appointment by the City
                    8   Council.
                        If the Covered Official objects to the action taken by the City Council, he or she may file a request with
                        the Mayor or, if the complaint is against the Mayor, the Deputy Mayor, stating the reasons for his or her
                    9
                        objections and asking for a review of the action taken. The City Council shall review the action taken in
                        light of the City Council's findings and request for review and may take whatever further action, if any,
                   10
                        appears appropriate under the circumstances. The action of the City Council shall be final and not subject
                        to further review or appeal except as may be otherwise provided by law.
                   11

                   12   1.46.060      Where to seek review.
                        A. Cease and Desist Order. If ordered to cease and desist violating this Code of Ethics, an affected party
                   13   may seek review by writ of review from the Pierce County Superior Court pursuant to chapter 7.16 RCW
                        or other appropriate legal action.
                   14   B. Public Disclosure. If ordered to disclose any documents or papers pursuant to this Code of Ethics, an
                        affected party may seek review by writ of review from the Pierce County Superior Court pursuant to
                   15   chapter 7.16 RCW or other appropriate legal action.
                        C. Discipline or Removal. If a City officer or employee is disciplined or removed from office, then the
                   16   person disciplined or removed from office may seek whatever remedies exist at law or in equity.
                        D. Exclusion from Public Bidding. If ordered to be excluded from bidding on public contracts and the
                   17   exclusion actuaIly occurs, the person excluded may seek whatever remedies exist at law or in equity.
                        E. Termination ofContract(s). If termination ofcontract(s) is ordered, the person whose contract(s)
                   18   was/were terminated may seek whatever remedies exist at law or in equity.

                   19   1.46.070      Severability.
                        If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is for any reason held to
                   20   be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or
                        constitutionality of the remaining portions of this chapter.
                   21
                        1.46.080      Financial disclosure.
                   22   All persons presently required to file reports under the public disclosure law of the state of Washington
                        shall, upon assuming City office or position, file with the City Clerk a true and correct copy of the
                   23   completed report required to be filed under state law. Such reports shaIl be updated quarterly unless no
                        changes have occurred.
                   24

                   25

                   26
                                                                                                                                         9
                                                                              -11-
                         Ord12852.doc-MPLllad


LEG 004 (! 1/89)
  .,
   .,...~"'-e·'\~~
   ~"'c~
         ----"'.d
                 .\



                                          REQUEST FOR                                              Request #:
                                                                                                                 CITY CLERK USE ONLY


                                                                                                                 ~--,-,I2.",--",~,,--,5==--2..._--I
   Thcoma                                                                                                                2.. :.7__
                                                                                                                                 9....;;7....;;3~----'
                                   ~ ORDINANCE D RESOLurflq~                                      Ord.lRes. #: ...._ _



1. DATE: January 14, 2011

2. SPONSORED By: COUNCIL MEMBER(S) N/A

   3a. REQUESTING                                             4a. CONTACT (for questions):        PHONE:
       DEPARTMENT/DIVISIONiPROGRAM                                                                591-5361
          Legal/City Clerk/Board of Ethics                        Doris Sorum

   3b. "Do PASS" FROM Government
          Performance and Finance                             4b. Person Presenting:              PHONE:
          Committee                                                                               591-5361
                                                                  Doris Sorum
          ~Yes                                                    Sean Armentrout, Chair,
          DNo                                                     Board of Ethics
          D To Committee as information only
          D Did not go before a Committee
   3c. DID THIS ITEM GO BEFORE THE                            4c. ATTORNEY:                       PHONE:
       PUBLIC UTILITY BOARD?
                                                                                                  591-5633
          D Yes, on [Date]                                    Martha Lantz
          ~ Not required

                                                                       N/A
                                                   Division     Bud et Officer/Finance Director

   5. REQUESTED COUNCIL DATE: Tuesday, February 22, 2011
          (If a specific council meeting date is required, explain why; i.e., grant application deadline, contract
          expiration date, required contract execution date, public notice or hearing required, etc.)


   6. SUMMARY AGENDA TITLE: (A concise sentence, as it will appear on the Council agenda.)
          Repealing and reenacting the Code of Ethics (TMC Chapter 1.46) to clarify the mere appearance of a
          conflict of interest or impropriety is not, itself, a violation of the Code; adding as a violation of the Code
          participation by a City Officer or Employee in a transaction involving a firm in which a City Officer or
          Employee has an ongoing financial interest; adding as a violation of the Code a commission of a crime
          of dishonesty or moral turpitude relating to or arising from duties as a City Officer or Employee and
          adding as a violation of the Code failure to file a financial disclosure report for those required to file;
          prohibiting City Officer or Employee receipt of any gifts beyond nominal promotional items (removes the
          $50.00 limit, confirms attendance at a hosted meal is not considered a gift); and makes general clarifying
          changes to clarify Board of Ethics jurisdiction and process.

   7.     BACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal
          requirements? What are the viable alternatives? Who has been involved in the process?)

          The Board of Ethics has been reviewing and debating changes to Chapter 1.46 of the Municipal Code to
          make the Chapter easier to read and understand and to clarify the process for matters before. and the
          jurisdiction of, the Board of Ethics. The Government Performance and Finance Committee gave a "do
          pass" to these changes to the Ethics Code.

                                                                                                                                              99

cotc/erk \forlll s \ Request Reso/utiollO rdi llallce.doc                                                  Office of the CihJ Clerk (01/07/2011)
REQUEST (CONT)
                                                                                                                  Request #
                                                                                                                  Ord/Res #:
                                                                                                                               I Insz- I
                                                                                                                               CITY CLERK USE ONLY



                                                                                                                                       27973
   8. LIST ALL MATERIALAV AILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED:
                                Source Documents/Backup Material                                       Location of Document
                       Chapter 1.46 - Code of Ethics                                        City Clerk's Office




   9. WHICH OF THE CITY'S STRATEGIC GOALS DOES THIS ITEM SUPPORT? (CHECK THE GOAL THAT BEST ApPLIES)
                                                A. D A SAFE, CLEAN AND ATTRACTIVE COMMUNITY

                                                B.   0 A DIVERSE, PRODUCTIVE AND SUSTAINABLE ECONOMY
                                                C.   l2:J A HIGH-PERFORMING, OPEN AND ENGAGED GOVERNMENT

 10. IF THIS CONTRACT IS FOR AN AMOUNT OF $200,000 OR LESS, EXPLAIN WHY IT NEEDS LEGISLATIVE APPROVAL:



 11. FINANCIAL IMPACT:                               D       EXPENDITURE           D   REVENUE


  A.      l2:J                                  No IMPACT (NO FISCAL NOTE)

                                                B. D         YES, OVER $100,000, Fiscal Note Attached

                                                C. D         YES, UNDER $100,000, (NO FISCAL NOTE)
                                                             Provide funding source information below:


         FUNDING SOURCE: (Enter amount of funding from each source)
           Fund Number & Name:                           State $           City $                 Other $                Total Amount


            If an expenditure, is it budgeted?                       DYes      D       No     Where? Cost Center:
                                                                                                             Acct #:




   100

cotde/'k \fa r111 5 \ ReqllestReso/lltiollOrdillaJlce ,doc                                                              Office of the Cihj Clerk (01/07/2011)

								
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