Dear Council Members:

 ACTION REQUESTED
1. The updated Public Policy Calendar is attached for your information.  My intent in providing this is to give you a longer-range “heads up” on policy issues you may be considering.  I welcome your questions or feedback.

2. Don’t forget to mark your calendars for the upcoming tentative Budget Workshops:

• Tuesday, November 6th , 2:00-4:30 p.m., the budget will be the topic of the Committee of the Whole meeting in the Council Chambers.
 
• Thursday, November 8th, 6:00-8:30 p.m., in the Council Chambers.

• Monday, November 26th, 5:30-8:30 p.m., in the Council Chambers.

 TOPICS OF INTEREST
3. The City received a defense verdict in Andrade v. City of Tacoma and MJ Enterprises, a sidewalk trip and fall case that recently went to arbitration.  The plaintiff claimed he suffered a torn rotator cuff when he inadvertently stepped into a 2’x3’ planter cut into the sidewalk on North 30th.  Plaintiff did not notice the planter because the planter was bare; the tree that had been growing in the planter was cut down by an unknown entity and never replaced.  The owners of the abutting property contended that the City had cut down the tree.  In addition, they argued that even if the City had not cut down the tree, the City was liable because the City is responsible for the condition of the sidewalks. The City argued that the tree was not City property; it had been planted on behalf of the prior property owner.  The City had not cut down the tree nor had it ever assumed any maintenance of the tree.  The defect, if any, was created by the abutting property owner or someone on his behalf, when the tree was removed and not replaced.  The arbitrator agreed with the City.  The arbitrator awarded the plaintiff approximately $33,000 for his injuries and determined that the abutting property was responsible for paying the entire award. Assistant City Attorney Margaret Elofson handled the defense on behalf of the City.

4. The City’s Solid Waste Division is currently under contract through 2020 with Pierce County Recycling, Composting and Disposal (also known as LRI) for landfill disposal of all solid waste not recycled or composted.  Assistant City Manager Bill Pugh provides the attached memorandum explaining that at our current rate of disposal, the City will reach its permit capacity in 2010.  The Tacoma-Pierce County Solid Waste Management Plan is currently being revised and we are working with them to increase this permit limit to allow for future disposal. 

5. Fire Chief Stephens is pleased to announce that Junior Achievement won a $25,000 MetLife grant for motivating and preparing incarcerated youth for lifelong success.  The unique dynamic of this model is the utilization of local firefighters partnering with Remann Hall to deliver the specially designed leadership skills program, “Ready, Set….Succeed”, to young offenders in Western Washington juvenile detention facilities.  The seminal force behind this project is the recognition of the importance of early intervention to reach incarcerated youth during the critical developmental stages of adolescence.  The Tacoma Firefighters who are involved in this project are Medical Services Officer Faith Mueller, Lieutenant Mark Stevens and Firefighters Seth Brothers and Mark Wagner. 

6. The agenda for the Public Utility Board meeting of October 10, 2007, is attached for your information. 

STUDY SESSION/WORK SESSION
7. The City Council Study Session of Tuesday, October 8, 2007, will be held in  Room 16 of the Tacoma Municipal Building North.  Discussion items will be: (1) Broadway Center for the Performing Arts Update; (2) Six-Year Comprehensive Transportation Program; (3) Other Items of Interest; (4) Agenda Review; and (5) Executive Session – Pending and Potential Litigation.

At Tuesday’s Study Session, David Fischer, Executive Director of the Broadway Center for the Performing Arts, will present to the Council a review of the first year under the new agreement with the City and discuss their strategic plan focusing on their re-branding efforts for the BCPA.  David will then provide information regarding some of the current challenges before them including audience development, downtown street activity near the theaters, leveraging private money for deferred maintenance, closing the gap on the current capital campaign for the lobby and seeking a new production body for the Theater on the Square.  Joining David Fischer will be the current Board President, Barbara Reed and Immediate Past President, Steve Gray.
 
As a second item at the Study Session, Assistant Public Works Director Karen Larkin and Budget Officer Amy Palmer will be providing a joint presentation of the Six-Year Comprehensive Transportation Program.  The presentation will include an overview of the Program and a review of the funds used to account for the various components of the Program, as well as funding sources and Program expenditures. 

At the conclusion of the Study Session, there will be an Executive Session to discuss pending and potential litigation.

8. The updated Tentative Council Study Session, Workshop, and Town Hall Meeting Calendar is attached for your information.

 COUNCIL REQUESTS/INQUIRIES
9. Recently you received a listing of surplus properties currently owned by the City and Tacoma Public Utilities.  In response to Councilman Stenger’s request for a clarification of the information provided, Public Works staff will make a presentation to the Economic Development Committee on October 30th and to the Environment and Public Works Committee in November. 

10. At the Committee of the Whole, Council Members asked about City support for the 2005 Tall Ships festival.  The agreement is attached, which provides $150,000 in City services matched dollar for dollar by funds from the Tacoma Events Commission.  City services over that amount were billed to the Tacoma Events Commission.  Earlier this year we provided $10,000 in seed money for the Tall Ships Tacoma 2008 event, as I reported to the Council at that time. That agreement is attached.   As a sponsor of this Tall Ships Tacoma Festival, we will be identified and entitled to distribute information about City programs and services at the event.  As I mentioned to Council at the Committee of the Whole, I had already indicated to organizers that we would request the removal of any offers of free tickets or special privileges in exchange for keeping general admission to the event free to the public and providing special viewing opportunities for people with disabilities.  Along with the entitlements associated with sponsorship, the free general admission and special opportunities for persons with disabilities comprise the consideration provided by the organizers in exchange for the City’s support.  Staff believes this to be appropriate and sufficient consideration, but as always the final determination on that issue rests with the Council when you consider approval of the agreement.  We will invite the Tall Ships 2008 organizers to present to you at a future study session.

11. Bill Pugh provides the attached memorandum and scope of work detailing staff review of Sound Transit’s proposals for the Pacific Avenue crossing of the commuter rail extension to Lakewood.  This scope of work was developed based on requests and comments from Council Members of the Environment and Public Works Committee.  The review by each department will be compiled and is scheduled to be presented to the Environment and Public Works Committee on November 14th.

12. At the September 18th Study Session, Council requested background information on public development authorities (PDAs).  The attached memorandum from City Attorney Elizabeth Pauli.  This memorandum responds to that request with a brief summary followed by a legislative history, a more detailed overview of PDAs, and an attachment listing known PDAs as of March 2007.

 GRANT APPLICATIONS
13. For your information, the City submitted the following grant applications:

• Public Safety Interoperable Communications (PSIC) Grant – project will unify all critical radio and dispatch communications in Pierce County by implementing common technology for seven city, state, port and tribal dispatch centers and Public Safety Answering Points by networking them through the City of Tacoma SmartZone master site.  This will complete the work of eleven critical dispatch locations and radio systems.
• 2008 Stormwater Implementation Grant Program – Funding is requested to add a “green” roof to the South Park Plaza Garage rehabilitation project.  Addition of a green roof will upgrade the Low Energy and Environmental Development rating from silver to gold and provide a model for other developments.  Previously approved funding for construction, including basic roof, will be offered as City match.

 MARK YOUR CALENDARS
14. You have been invited to the following events:
 • Tacoma Professional Firefighters Union Retirement Party on Thursday, October 8, 6:00 p.m., at the Fire Fighters Hall, 1109 South 50th Street.
• The Tacoma-Pierce County Chamber and Totem Ocean Trailer Express 124th Annual Meeting and Breakfast on Tuesday, October 9th, at 7:30   a.m., at the Greater Tacoma Convention and Trade Center Grand Ballroom, 3rd Floor,  1500 Broadway.
• The 2007 Pierce County Project Homeless Connect on Wednesday, October 10th, 9:00 a.m., at the Tacoma Dome Exhibition Hall, 2727 East D Street.
• Open Space Habitat Plan Public Meeting on Thursday, October 11th, 6:00-8:00 p.m., University of Puget Sound, 1500 North Warner Street.
• Joint Municipal Action Committee 2008 Legislative Luncheon on Friday, October 12th, 11:30 a.m., at Lincoln High School, 701 South 37th Street.
• Prosperity Partnership Fall Luncheon on Thursday, November 1st, Noon – 1:30 p.m., at the Westin Hotel, 1900 5th Avenue, Seattle.

Sincerely,

ERIC A. ANDERSON 
City Manager