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HomeMy WebLinkAbout1999-02-08 Committee of the Whole MinutesSPECIAL PRESENTATIONS: TUKWILA CITY COUNCIL February 8, 1999 7:00 p.m. Council Chambers City Hall COMMITTEE OF THE WHOLE MEETING MINUTES CALL TO ORDER: Council President Dave Fenton called the Committee of the Whole meeting to order and led the audience in the Pledge of Allegiance. COUNCILMEMBERS PRESENT: Council President Dave Fenton, Councilmembers Pam Carter, Joe Duffle, Joan Hernandez, Pamela Linder, Jim Haggerton, and Steve Mullet. OFFICIALS: John Rants, Mayor; Rhonda Berry, Assistant City Administrator; Steve Lancaster, Director of Community Development, Bob Noe, City Attorney; and Council Analyst, Lucy Lauterbach. Washington Cities Insurance Authority (WCIA) Land Use Liability Lew Leigh, Director of WCIA explained Washington Cities Insurance Authority (WCIA) is an interlocal organization consisting of 95 cities and towns across the state. WCIA is self regulated and self insures the first $3 million of every loss, which represents 99.9% of any potential loss a city may incur. By reinsurance, WCIA insures cities from $3 million to $14 million. Two million was added to the highest insurance verdict ever awarded as the maximum amount of coverage. WCIA insures the first $3 million of loss because it affords WCIA complete control. He explained cities have land use issues and social issues, such as skate board facilities, adult entertainment site ordinances, and curfew ordinances which require the broadest defense with the most coverage possible. This can only be possible by having the insured in charge of the insurance company. Self- insurers cover the losses occurred within the pool, make their own rules, determine their own rates, liability coverage, and provide risk management services to the insured. It is mandatory cities and town undergo periodic risk management training on land use. Mr. Leigh cited examples of legislative versus quasi juridical actions and indicated Councilmembers are subject to litigation for quasi juridical actions by the Council. To assist cities and towns, WCIA offers a two -hour, land -use course related to quasi juridical actions. Mr. Leigh said the organization is financially sound and uses an insurance actuary to forecast losses. There is approximately $24.6 million is in reserve for claims along with $59.5 million in assets to cover $24.6 million in potential liabilities. WCIA wins 68% of its cases (no monetary awards) and considers it an excellent record considering coverage involves high -risk areas of land use, police, and employment practices. Mr. Leigh indicated this is because WCIA trains and proceeds through risk management processes to position cities and towns before they City of Tukwila City Council of Whole Committee Meeting Minutes Page 2 of 5 February 8, 1999 incur a loss. He referred to the Council's action regarding the redevelopment of Highway 99. With the help of WCIA, the City won with respect to litigation brought against the City for its redevelopment plans. He said the same thing could be accomplished for adult entertainment. He cautioned Tukwila might want to reconsider its curfew ordinance as the State Supreme Court has sent a clear message on what is allowable under a curfew ordinance. The number two liability exposure is land use, which accounts for 17% of all losses. Police liability losses are number one at 24 Cities and towns need to become very knowledgeable on land use issues. In 1990, the average land use liability loss was $50,000. Now, it is $19,000, which is a result of the training conducted over the last seven years. Over a five -year period, due process violations cost $5 million. Mr. Leigh referred to an example on punitive damages and indicated cities and towns can run afoul on land use litigation if they are reckless, unreasonable, willful or wanton. Juries can award punitive damages against Councilmembers as a whole, or individually, but not against the City. These actions relate to errors and omissions (E &O), which is any kind of an errant decision by a Councilmember or elected official. Mr. Leigh said Tukwila is one of the better -run cities in the south end valley. The City has an average police liability exposure and a below average exposure for land use and employment practices. Councilmember Hernandez asked how closely WCIA monitors City Council action. Mr. Leigh indicated Council minutes are reviewed along with reviews from City Administrators. WCIA is proactive in counseling and advising cities on ways to prevent lawsuits. Councilmember Carter referred to the WCIA's list of "Ten Commandments" and suggested staff schedule executive sessions to review the importance of the commandments before major land use public hearings. Mayor Rants said staff has been consistent with advising Council of potential concerns before land use actions. CITIZEN COMMENT: No comments were received. SPECIAL ISSUES: Contract with Reid Middleton for Structural Plan Review Director Lancaster reported the Community Affairs and Parks Committee reviewed the request at its last meeting. Staff is requesting the Council's formal ratification of the contract at the next regular City Council meeting. Councilmember Mullet indicated permit fees collected by the City pay the contract and the agenda packet included the rating sheet used in the review process. The Committee concurs with staff recommendation. City of Tukwila City Council of Whole Committee Meeting Minutes Councilmember Haggerton asked if a five -year contract is standard procedure. Director Lancaster indicated five years is a reasonable period. The contract requires annual renewal and new rates structures would be supplied to staff to evaluate before initiating another year's extension. Councilmember Carter questioned the reference to a six -month contract and asked if this was the first time the City has contracted with someone for this type of service. Director Lancaster indicated the service had been contracted for many years. The firm informed staff in May of 1998 it would no longer be providing the service. Staff went out to bid last year for a short-term contract until the RFP process was developed and initiated. REPORTS: a. Mayor Page 3 of 5 February 8, 1999 Mayor Rants referred to the packets to be distributed to the legislative body on Wednesday, February 10, and said he would supply Councilmembers with a copy. He is leaving for Washington DC, on Tuesday, February 9, and will focus his comments on the City's response as to why RTA should serve the urban center. Mayor Rants referred to the professionalism of Administrator McFarland and Director Lancaster regarding the development of the legislative presentation packet and the work related to RTA issues. He indicated both individuals are a credit to the City and have done an excellent job in running and representing the City. b. City Council Councilmember Duffle indicated citizens of Rainier Village are circulating a petition to protest the rail system. Mayor Rants indicated the Martin Luther King rail system alignment through Rainier Valley is a Seattle issue not a Tukwila issue. Councilmember Hernandez reported she attended the 77 Installation Banquet of the Seattle Chapter of Japanese American Citizen League on January 30. On Thursday, February 4, she attended the Equity and Diversity Commission meeting. It was the first in a series of dialog sessions facilitated by the Northwest Language Lab. Council President Fenton echoed Mayor Rant's compliments concerning City Administrator McFarland and Director Lancaster. On Wednesday, February 3, he attended a Site Council meeting at Foster High School. One topic of discussion included Senator Gorton's visit and his concern with education and some of the proposals the President has made in the education budget. Council President Fenton attended the Lodging Tax Advisory Board meeting on Thursday, February 4, at the Chamber office. The agenda included discussions on finalizing recommendations to the City Council regarding their 1999 strategy plan and a review of the job City of Tukwila City Council of Whole Committee Meeting Minutes Page 4 of 5 February 8, 1999 description for a proposed tourism/marketing manager position, which will be copied to the Council. He referred to the recent receipt of a letter from Dwight Peltz regarding his support of the City's position on light rail. A thank you letter was sent under the signatures of Mayor Rants and Council President Fenton. He reported he is leaving with Mayor Rants on Tuesday morning to testify in Washington, D.C. Councilmember Mullet recently attended the Community Parks and Affairs meeting at Crestview for park planning and the water tank. The citizens' major concern was mostly with backyard security and they agreed with the passive park concept. The neighbors expressed a desire to have high fences installed around their backyards to protect them from the park. Councilmember Carter attended the Foster Site Council meeting. She reported DARE graduation is scheduled on Thursday, February 25, at approximately 12:30 p.m. Next, she reported receiving an e-mail from Jonathan Poole, which included a copy of a complaint form he sent to Metro Transit concerning the lack of bus service to the Tukwila Community Center to attend the public hearing on light rail. Councilmember Haggerton said he believes Tukwila has extended every effort in initiating joint ventures with SeaTac which involve important issues relevant to both Tukwila and SeaTac. One issue relates to the joint effort concerning the hotel /motel tax. He said he does not believe the City should expand anymore efforts to solicit and involve comment from SeaTac. It appears they do not want to be involved. He referred to Council President Fenton's e-mails concerning light rail updates and articles of interest and cautioned they should not solicit the Council's vote or consensus and should be supplied for informational purposes only. It is important public process not be circumvented with respect to the issue. He complimented Council President Fenton on his efforts to keep Councilmembers advised on the matter. Councilmember Linder complimented staff on the Washington DC presentation packet. She is attending the Highway 99 Action meeting and the Finance and Safety Committee meeting on Tuesday, February 9. MISCELLANEOUS: Councilmember Hernandez referred to previous discussion during the Council retreat on information about the Housing Partnership Group and Threshold Housing and indicated she found an example of a project completed by Threshold Housing. Councilmember Duffle referred to the new court process involving the Regional Justice Center and the Tukwila Municipal Court and how the TV /video conferencing method is benefiting Tukwila's citizens. One of the benefits is retaining the police on the streets of Tukwila instead of transporting prisoners to and from the Justice Center. City of Tukwila City Council of Whole Committee Meeting Minutes EXECUTIVE SESSION: (7:50 p.m.) Moved by Councilmember Haggerton, seconded by Councilmember Mullet, to adjourn the meeting after a :05 minute recess to Executive Session, slated to last approximately :15 minutes. Motion carried 7 -0. ADJOURNMENT: Page 5 of 5 February 8, 1999 (8:05 p.m.) Moved by Mullet, seconded by Duffle, to adjourn the meeting at 8:05 p.m. The motion carried (7 -0). Council President Dave Fenton Robert H. Baker, CMC, Deputy City Clerk for Valerie Gow, Recording Secretary