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HomeMy WebLinkAbout2008-06-09 Committee of the Whole MinutesCOMMITTEE OF THE WHOLE CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President Joe Duffie called the meeting to order at 7:04 p.m. and led the audience in the Pledge of Allegiance. The Council President asked all City employees to stand and be recognized; he then asked all citizens and business people to stand and be recognized. OFFICIALS Present were Joe Duffie, Council President; Councilmembers Joan Hernandez, Pam Linder, Dennis Robertson, Verna Griffin, and De'Sean Quinn. Councilmember Hougardy was not present. ATTENDANCE Jim Haggerton, Mayor; Derek Speck, Acting City Administrator; Jim Morrow, Public Works Director; Bruce Fletcher, Parks Recreation Director; Rick Still, Deputy Parks Recreation Director; Mike Villa, Acting Police Chief; Doug Johnson, Acting Patrol Commander; Donald Tomaso, Fire Marshal; Mary Miotke, Information Technology Director; Kimberly Matej, Council Analyst; Barbara Saxton, Acting Deputy City Clerk SPECIAL PRESENTATIONS Councilmembers welcomed Mr. Lau to the City. TUKWILA CITY COUNCIL June 9, 2008 7:00 p.m. Council Chambers City Hall a. Introduction of Peter Lau, Senior Engineer, Public Works. Jim Morrow, Public Works Director, introduced Peter Lau, the new Senior Engineer in the Public Works Department. Mr. Lau, a graduate of the University of Washington, is married and lives in Renton. He has previously worked on multiple projects for King County, SeaTac and Burien. Mr. Lau is looking forward to bringing his experience, knowledge and dedication to the residents of Tukwila. b. WCIA update: Lisa Roberts, Senior Risk Management Representative, Washington Cities Insurance Authority. Lisa Roberts, Senior Risk Management Representative with the Washington Cities Insurance Authority (WCIA), provided an overview of the information in the packets previously distributed to Council. WCIA is an interlocal agency established by RCW in the early 1980s that provides property and liability coverage for the City. The agency included 9 cities when originally formed, and now includes 126 cities plus other agencies such as 9 -1 -1 centers. Ms. Roberts stressed they are specialists in city operations, and the membership is in control of their operations (it is run by the membership). They are aggressive litigators, which helps create favorable case law, and they also provide risk management services. They win over 71 percent of their litigation. They have money to take cases to the U.S. Supreme Court and have many cases in Washington Supreme Court. Defense costs are approximately $6 million annually. WCIA strives to anticipate municipal government exposures and supplements the City Attorney's budget. Terrorism coverage was provided after 9 -11, along with pollution coverage. In addition, they provide training to minimize exposures relating to issues such as annexation, moratoriums and land use, and as it relates to heightened exposures for Court issues, expansion of the Public Disclosure Act, the Open Public Meeting Act, and media discipline. City of Tukwila City Council Committee of the Whole Minutes Page 2 of 10 June 9. 2008 One of the strengths of the pool is the compact, which is an agreement between all members and the pool that says membership will agree to complete certain types of risk management training. City attorneys are required to attend free training, which helps reduce losses and claims. They have trained over 6,000 employees in over 281 sites this year. WCIA's consultation program provides city membership with free legal advice to review sample policies and procedures. Coverage and claim services include $20 million in coverage, which is provided on an occurrence (not a "claims made basis. This means coverage is provided for public officials for claims that happened during their tenure —even if the claim is filed after they have retired from service. WCIA handles over 19,000 claims annually. They have an aggressive pre- defense program, which pre positions the City before a claim becomes a lawsuit. This legal assistance helps reduce overall costs and puts the City in a good position to win cases that do result in a lawsuit. Specific Council exposures include land use issues, which can result in exposure for arbitrary and capricious decisions; appearance of fairness issues; and moratoriums. Another exposure is personnel issues including wrongful termination and discrimination. She explained the Council is a strategic policy making board, which can use their budget and policy- making powers to affect change. The best use of that power is to limit opinions to official channels and to use the chain of command, letting the Mayor manage staff. WCIA encourages Councilmembers to use a City e -mail address rather than personal home computer e -mail addresses so personal computers cannot be subpoenaed. When dealing with their constituency and taking input from citizens, it is best that Councilmembers not make assurances and promises in a meeting, and refer questions to City staff for research. When dealing with the media, WCIA's advice is to investigate first, talk later. The best course of action is to identify a spokesperson and prepare a statement, rather than providing individual opinions on an issue. She noted the statement "Together we stand, divided we fall" applies to the Council also. Ms. Roberts noted it is beneficial to establish a trust relationship with the media, including regularly scheduled briefings to let them know what is happening. Her final advice was to identify the following types of statements that should be avoided: "We've had problems like this all over the City." "I told them this would happen." "Oh, we meant to fix that problem." "Don't worry, this will never happen again." "I (we) can assure (promise) (guarantee) you..." "If it had been me, I would have..." Councilmember Hernandez questioned the $42,401 "Net Profit (Loss) from Building Operations" shown on the last page of the "Statements of Revenues, Expenses and Changes in Fund Net Assets" under "Non Operating Revenue (Loss) Ms. Roberts explained WCIA owns their building in Tukwila and rents out space, and there was building damage that needed repair. Ms. Roberts explained the charts labeled "Tukwila vs. Actuarial Group 4," which are 5 -year risk profiles provided annually to the Mayor and City Administrator. Overall the City is doing a good job considering the exposures that are unique to Tukwila. Councilmember Linder appreciated having the information from WCIA in advance of the meeting. She noted most issues are handled by administration and staff, but felt it may be beneficial for Councilmembers to have a summary of the "dos and don'ts" available as a reference. City of Tukwila City Council Committee of the Whole Minutes Councilmember Robertson had questions on several items from the information provided: 1. Ms. Roberts confirmed the capital asset listing of almost $6 million is for WCIA's building. 2. The item labeled "Reserve for Increased Confidence Level" was explained. The "Reserve for Claims" is the number provided by WCIA's actuary. The "Reserve for Increased Confidence Level" is their financial analyst's contingency amount (over what the actuary determines is needed). 3. Ms. Roberts confirmed there is an approximate $4 million reserve (the difference between Total Operating Revenue of $26 million in 2006 and Total Operating Expenses of $22 million). She explained the amount of this reserve is a decision of WCIA's Board. When WCIA was newly formed, they had to assess their membership to generate money to cover claims, and the Board did not want to be in that position again or be subject to the ups and downs of the insurance industry. 4. Ms. Roberts explained WCIA's Board includes a delegate from every member, and that delegate is required to attend at least one (of three) full Board meetings. The delegates vote on coverage and operations. The member determines who their delegate will be (usually a Mayor, Councilmember, City Administrator, or a Finance person). Each actuarial group then has 13 elected members that comprise the Executive Board who meet monthly and determine the agenda that will go to the full board. WCIA also has an Investment Committee and a Financial Committee, which are comprised of members of the full Board. 5. WCIA has 20 employees. Page 3 of 10 June 9. 2008 6. GEM stands for "Governmental Entity Mutual," which is the insurance mutual through which WCIA's first excess coverage layer is insured. 7. "Unrealized Gain (Loss) on Investments" show a $2 -1/2 million loss in 2005 and $227,000 in 2006. Ms. Roberts suspected these amounts had to do with investments, and would need to confirm with WCIA's financial analyst. 8. Tukwila is part of "Group 4." Ms. Roberts explained this group includes large cities such as Auburn, Kent, and Spokane Valley. Groups are determined by staff size (worker hours). 9. Regarding the two charts provided, Ms. Roberts explained the first chart shows the amount WCIA is currently expending, either through actual costs or reserves (includes both legal reserves and indemnity costs). The second chart reflects the number of claims. Other Councilmembers expressed appreciation for the sample scenarios, perspectives and other information regarding costs, etc. A desire was also expressed for more frequent updates and possible additional training from WCIA. At the request of Mayor Haggerton, Ms. Roberts explained WCIA's audit process. Their long -range planning committee sets an audit agenda four years in advance. They audit a particular department of the member cities every year, which is determined upon WCIA losses. This year was Public Works, last year was Police, the year before that was Special Events (Parks Departments). A questionnaire is sent out and reviewed by WCIA representatives. Some audit items are mandatory, based on a particular law, code or standard, and compliance is required per the compact. Legal assistance, sample policies or procedures, training, etc. are provided to assist cities with meeting mandatory items, and financial penalties can be assessed if needed. Ms. Roberts commented on the well -run Public Works Departments of cities and the extensive infrastructure they manage. She also noted Tukwila's Public Works audit results were exemplary. CITIZEN COMMENT There were no citizen comments. City of Tukwila City Council Committee of the Whole Minutes PUBLIC HEARINGS a. An ordinance adopting a new Parks, Recreation and Open Space Plan. Bruce Fletcher, Parks Recreation Director, explained the City is currently involved in creating a 6 -year Parks, Recreation Open Space Plan. The City's consultant, Tom Beckwith, was also present to answer questions. Corrections and suggestions have been received from Councilmembers, the Community Affairs Parks Committee, and the Department of Community Development. The Walk Roll Plan, as well as some of the Tukwila Urban Center information, will be included in the plan. Tukwila has an excellent Parks Recreation Department, with extensive offerings for the community and visitors. The plan helps assess inventory and determine needs for the future. Mr. Fletcher noted that although Tukwila South is included in the Growth Management Act, it is outside Tukwila's boundaries. This location was identified as a potential site location for a swimming pool. Should Tukwila Valley South become part of Tukwila, it is felt to be more appropriate for a passive gathering location, i.e. a small park. 7:50 p.m. Council President Duffie opened the public hearing and called for citizen comments. No citizen comments were received. 7:51 p.m. Council President Duffle closed the public hearing. b. Transportation Improvement Program for 2009 2014. Jim Morrow, Public Works Director, noted the City is required to update the Transportation Improvement Program (TIP) each year. The TIP is a list of projects the City has contemplated or is planning to do over the years 2009 -2014. In this particular draft TIP, one project is being added (Tukwila Urban Center Transit oriented Development Pedestrian Improvements —#15 on the list) and one is being deleted (Southcenter Boulevard 1 -5 to Tukwila International Boulevard (which is to be done by Sound Transit). The TIP does not commit the City to fund any of these projects. The projects are not listed in any priority order; Council will make that decision as part of the budget process. If a project is not on this list, the City cannot apply for grants. 7:53 p.m. Council President Duffie opened the public hearing and called for citizen comments. No citizen comments were received. 7:53 p.m. Council President Duffie closed the public hearing. SPECIAL ISSUES a. Fireworks permits for the All Nations Cup and Family Fourth at the Fort events. b. An ordinance adopting a new Parks, Recreation and Open Space Plan. Page 4 of 10 June 9, 2008 Councilmember Robertson indicated this item was discussed at the Finance Safety Committee on June 3, 2008. The committee members were unanimous in recommending approval. He referenced the background information on page 23 of the agenda packet, and also noted additional questions raised by the Committee have been answered per Fire Department Battalion Chief Tomaso's memo on page 25. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. Councilmember Hernandez indicated this item was discussed at the Community Affairs Parks Committee meetings on April 28, May 12, and May 27, 2008. The committee members forwarded the item to the full Council for consideration. She noted a draft of the ordinance was not available at the committee meeting, and suggested the following changes: City of Tukwila City Council Committee of the Whole Minutes Page 5 of 10 June 9, 2008 1. Add mention of Community Affairs Parks Committee to the third "Whereas" clause: Whereas, the City administration, Community Affairs Parks Committee, and Parks Commission have completed review... 2. Add the following language (from memo on page 3 of packet) to become the second "Whereas" clause: An adopted open space plan is reauired by the Washington State Recreation and Conservation Office in order to aualifv for state and federal arant funding. Mr. Fletcher confirmed changes to the plan would be available to Council next week. Discussion of the item (and the revised ordinance) will continue at the June 23 Committee of the Whole meeting, prior to taking action at the June 23 Special Meeting. Councilmember Linder questioned the document title and date noted in Section 4 of the draft ordinance. Mr. Fletcher confirmed the title of the plan has changed, and the current plan— adopted in 2001 —has expired. Councilmember Linder suggested changing Section 1 of the draft ordinance to read as follows: The Parks, Recreation and Open Space Plan (Exhibit A), as presented with this ordinance, is hereby adopted as the six -vear Parks, Recreation and Open Space Plan for the City of Tukwila for the period June 2008 -June 2014. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE JUNE 23 COUNCIL MEETING WITH THE CHANGES AS SUGGESTED. c. A resolution declaring Fort Dent playground equipment surplus. Councilmember Hernandez indicated this item was discussed at the Community Affairs Parks Committee meeting on May 27, 2008. The committee members were unanimous in recommending approval. The resolution will authorize the Mayor to initiate disposal of old equipment that has been replaced. Councilmember Robertson asked what happens to the old equipment. Deputy Parks Recreation Director Rick Still stated they typically do not donate old play equipment. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. Bid award (from State contract) for purchase of Codiga Park Picnic Shelter and other amenities. Councilmember Hernandez indicated this item was discussed at the Community Affairs Parks Committee meeting on May 27, 2008. The committee members were unanimous in recommending approval. This item will authorize the Mayor to sign a purchase order with Northwest Playground Equipment for purchase of Codiga Park picnic shelter, tables, benches and trash cans, and additional amenities (three benches and one trash can for Spray Park, and one trash can for Macadam Winter Garden). Councilmember Hernandez asked about the location of the access road for the projected parking lot (shown on the map on page 65 of the agenda packet). Deputy Director Still explained the parking lot would be located in the area where you drive in around the trees (the trees will remain); you would then head out to the overlook or down to the water. Councilmember Hernandez asked if any materials were salvaged from the original barn and incorporated into the plan. Mr. Still reported the old materials were not incorporated into the design, although he believes some wood may have been saved. City of Tukwila City Council Committee of the Whole Minutes Mayor Haggerton asked whether anything was planned for an interpretive center for Codiga Park. Mr. Still stated there would be interpretive signage as you walk out to the overlook that will help describe activity in the fish channel as well as the history of the park. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. e. A resolution adopting the Transportation Improvement Program for 2009 -2014. Page 6 of 10 June 9, 2008 Councilmember Linder indicated this item was discussed at the Transportation Committee meeting on May 28, 2008. The committee members were unanimous in recommending approval. She noted the TIP, which must be adopted by July 1, is a financial planning document for projects competing for grants. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. f. An ordinance regarding acquisition of right -of -way and easements for the Tukwila Urban Center Access Project (Klickitat). Councilmember Linder indicated this item was discussed at the Transportation Committee meeting on May 28, 2008. The committee members were unanimous in recommending approval. She noted this condemnation ordinance is the most expedient way to ensure certification of right -of -way and stay on the project schedule. She referenced the following paragraph from page 71 of the agenda packet: The attached ordinance provides the authority to acquire the needed property. As with previous projects that have involved acquiring additional property, the City will do everything within its power to work cooperatively with the property owners. However, should the City not be successful in these efforts, condemnation of the property would be required. Letters have been mailed to property owners notifying them of this potential condemnation and the Council's schedule for ordinance approval. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. g. An agreement with Fehr and Peers /Mirai to provide transportation modeling services in conjunction with the City's concurrency management. Councilmember Linder indicated this item was discussed at the Transportation Committee meeting on May 28, 2008. The committee members were unanimous in recommending approval. Mirai Associates developed the city -wide transportation model in 2002, and the updates to the concurrency model in 2006 and 2007. Although they have changed their name, it is the same firm that would do this work. Jim Morrow, Public Works Director, confirmed the majority, if not all of the cost, will be borne by developer permits. Every development project requires a certificate of concurrency, and that fee is based on the size and complexity of the development. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. h. Purchase of Disaster Emergency Response Trailers (DERTs) and supplies. Councilmember Robertson indicated this item was discussed at the Finance Safety Committee on June 3, 2008. The committee members were unanimous in recommending approval. This will provide for purchase of various types of equipment to support first responders in the event of an emergency. The recommendation was to purchase two trailers, as one large trailer would be difficult to move. Supplies will also include a water distribution system, plus 13 American Red Cross kits and 27 NOAA radios that will be distributed among City departments for staff that may need to shelter in place. Mr. Morrow noted this purchase is a result of Council's action on May 21, 2007 to approve implementation of the first phase of an emergency management initiative. The cost of these items will be $61,000 versus the $100,000 originally estimated. City of Tukwila City Council Committee of the Whole Minutes Page 7 of 10 June 9, 2008 In response to questions from Council, Mr. Morrow explained the emergency water system provides the capability through a pumping system to use water stored in the reservoir to fill bags for residents. He also noted that Hillman Mitchell, the City's Emergency Management Coordinator, has worked out an agreement with the Red Cross for citizens to purchase 2- or 4- person kits at a 10 percent reduction in cost. This information will be publicized in an upcoming edition of "The Hazelnut," on TV Channel 21 and at Tukwila Days. He also noted there is additional information under the "Emergency Preparedness" section on the City's website. Councilmember Linder noted only two other cities in King County have DERTs, so the trailers may be used in a neighboring city that is too small to have their own. There is an agreement in place so the City would be reimbursed for use of the equipment. Councilmember Quinn suggested some of this would be good information to send to residents in the form of a letter through the school district. Mr. Morrow noted five of the NOAA weather radios will be given to the school district (one for each school), and five 155 megahertz radios have already been provided. He agreed that a good way to reach parents is through their children, and they will continue those efforts through their work with the Police and Fire Departments. Mayor Haggerton stated that Tukwila has taken an aggressive approach to emergency preparedness and emergency management compared to other cities, and complimented Council for their actions. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. REPORTS a. Mayor Mayor Haggerton read a report from Tracy Gallaway, Volunteer Coordinator, on volunteer projects conducted over the weekend that were coordinated with the Church of Tukwila. The project day included 200 volunteers from 9 local churches who worked on 11 private property projects and 4 City projects. They hope to make this an annual event. Councilmembers asked about the possibility of including information on this project in "The Hazelnut." The Mayor also attended the Lodging Tax Advisory Committee meeting on June 5, 2008. On June 6, 2008, he attended the Valley Com Administration Board Meeting. Approval was given for a Valley Com antenna to be placed on top of the new addition at Southcenter Mall, which has been one of two dead spots. The Mayor thanked Don Tomaso from the Fire Department for his efforts in accomplishing this important improvement. On June 7, 2008, the Mayor attended an art show for kindergarten through 5th graders at Barnes Noble and presented award certificates. He also attended the Duwamish Gala Event at the Museum of History and Industry on June 8, 2008, which included an auction fundraiser for the Duwamish tribe. On June 9, 2008, four classes of 2nd graders visited City Hall. Mayor Haggerton credited Police Officer Ted Rutt for his efforts organizing and conducting these visits, which provide the students with an introduction to the police department and court system. The Mayor also reported he received an e -mail today stating the Finance Director for Cascade Water Alliance has taken another position. b. City Council Councilmember Hernandez attended the Chamber of Commerce Government Community Affairs Committee meeting on June 3, 2008, which included a presentation on the viaduct. On June 4, 2008, she attended a reception for Senator Margarita Prentice at Gordon's on the Green. On June 5, 2008 she attended the Equity Diversity Commission meeting, which featured a report on the Cultural World Fair and Multi- Cultural Action Committee's Leadership Camp. At that meeting the group was advised Emma Mercado, Equity Diversity Chairperson, is leaving the school district to accept a two -year position in Dubai. Ms. Hernandez also attended several All Nations Cup events at Starfire Sports. City of Tukwila City Council Committee of the Whole Minutes Councilmember Linder reported the Transportation Committee meeting tomorrow would include discussion on the Walk Roll plan. She received a call over the weekend reporting graffiti in numerous locations around the City. When she checked the City's website, she was not able to easily locate information on who a resident should contact regarding graffiti issues. She suggested the City explore various means to educate people that they should call (and who to call) if they see graffiti and /or an incident in progress, such as a graffiti hotline. Mr. Morrow suggested the Public Works Department be the first contact for these calls. He will take steps to expand information on the City's website, TV Channel 21, the City radio station, and in "The Hazelnut." Councilmember Quinn asked if callers could expect a return call. Mr. Morrow stated callers who reach the City after hours will receive a message to leave their contact information if they would like a call back. Councilmember Robertson attended a meeting earlier this evening at the King Conservation District representing Water Resource Inventory Area #9 (WRIA9). Last year WRIA9 (which is the most successful WRIA in the State at getting grant money) spent $10 million. They have now realized they would need $20 to $30 million per year over 10 years to begin to restore salmon and rebuild the river and ecosystem network. There is not enough grant money available to accomplish those goals. They have received a $50,000 grant from King Conservation District for a study on other sources of money. The Cedar River currently moves twice the volume of water it did 20 years ago because of all the development around it, which rushes all that water straight down to the river. That water needs a place to go if wetlands and streams continue to be paved over. He noted long -term changes may need to be made to current development practices. Councilmember Griffin reported that Councilmembers have been formally invited to this year's Foster High School graduation ceremonies. Those wishing to attend should contact the school secretary. Councilmember Hougardy was not present. Councilmember Quinn attended the Chamber of Commerce Government Community Affairs Committee meeting on June 3, 2008. He hosted last weekend's Coffee Chat, which was attended by several citizens. He noted the citizens were very engaged and appreciated the Council's accessibility and the opportunity to share their ideas and thoughts. Council President Duffie attended the Lodging Tax Advisory Committee meeting on June 5, 2008. He also attended the All Nations Cup opening night ceremonies. He reported there would be a meeting on June 10, 2008 at 9:30 a.m. between the Police and the school district in the school district boardroom. Mr. Duffie noted that coordination of special Council meeting dates tends to be more difficult during the summer, but stated meetings will be held if a majority of the Council is able to attend. c. Staff Page 8 of 10 June 9. 2008 Derek Speck, Acting City Administrator, reported Tukwila is a member of Region 6 of King County, and that region received a grant from Homeland Security to send personnel to hazardous materials training around the country. Of that grant, approximately $25,000 is for South King County. Tukwila will receive a share of the $25,000, and will also handle the entire grant as a partnership between emergency management personnel and Tukwila's Fire Department. Jim Morrow, Public Works Director, reported Council approved an agreement less than two weeks ago with the US Army Corps of Engineers regarding the Tukwila 205 levee. The agreement involved the inclusion of a retaining wall on the La Pianta property if four conditions were met. The conditions were met on May 30, 2008, and the cooperation agreement has been signed. Since that date, La Pianta has made a request to the Corps that La Pianta be allowed to build the wall. The Corps has agreed as there are advantages, particularly that the levee repair project can be started sooner. However, this change would place additional responsibility upon the City as the Corps has asked the City to perform construction management services to oversee that work. The Corps has provided a quality assurance/ quality control plan, but a contractual mechanism between the City and La Pianta is required. The most City of Tukwila City Council Committee of the Whole Minutes Page 9 of 10 June 9 200 expedient mechanism to accomplish this would be an addendum to the reimbursement agreement. The reimbursement agreement has not officially been approved yet, so it is suggested the reimbursement agreement and addendum be brought to Council at next Monday's meeting. Councilmember Linder asked how this would impact City staff time and if there is a mechanism to reimburse those costs. Mr. Morrow stated there are three consultant firms under contract that provide construction management services for the City, so a job order would be created to provide those services. The reimbursement agreement provides for La Pianta to reimburse the City for those costs. Councilmember Robertson noted this issue has undoubtedly consumed a great deal of staff time, and the City has other important projects underway also. Mr. Morrow agreed City staff would be required to oversee efforts by the construction management firm. It will still be the City's responsibility to ensure the retaining wall meets the Corps' standards for certification. In response to a question from Councilmember Griffin, Mr. Morrow stated La Pianta has reconfirmed their desire to build the wall and is aware of the tight time frame required to complete the project. Councilmember Quinn questioned the timing of this new request and how it may affect the City's third party responsibility and assurances of due diligence. Mr. Morrow stated the request from La Pianta came last week, although the design for the retaining wall had already been established by the Corps. Originally the retaining wall was to be included as part of the Corps' contract. This change may actually speed up the construction process as La Pianta has the capability to begin work in the next 7 to 10 days, while the Corps does not yet have a contractor in place. The Corps' quality assurance /quality control plan will be part of the agreement. In response to a question from Councilmember Quinn, Mr. Morrow confirmed the Corps will provide an inspector to the project also, so all testing will be signed off by two individuals, which will help the Corps certify and accept the final project. La Pianta has delivered $650,000 to the City for the cost of the wall. Those funds will be held until the wall is complete and has been accepted by the Corps. Councilmember Linder asked why the Corps would not be managing the work as would have been the case under the original plan. Mr. Morrow explained the reason is two -fold: (1) the retaining wall is considered a "betterment," and (2) the Corps needs another entity to oversee the construction, as they will not have a formal contract with La Pianta. This responsibility falls to the City as the sponsor for the levee and as the City originally asked that this betterment (the retaining wall) be included in the design. Mr. Morrow defined "betterment" as anything that would cost the United States government more than their original design, because in this instance the wall does not make the levee safer or more stable. In response to a question from Councilmember Linder regarding the City's risk level, Mr. Morrow explained that while the project was designed by the Corps, it is a City- sponsored levee. The agreement with La Pianta will include a strong indemnification clause. Councilmember Robertson stated his hope that the City's flexibility in accommodating this request will be appreciated and serve to build a better working relationship and sense of trust with La Pianta that will carry into the future. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings. e. Intergovernmental Kimberly Matej asked if a Councilmember would be available to host the Coffee Chat on June 14 and Councilmember Linder agreed to host the event. Ms. Matej advised that Council tablets are tentatively scheduled to be available on Wednesday, June 11, 2008. City of Tukwila City Council Committee of the Whole Minutes She also reported she will be on vacation next week. MISCELLANEOUS Page 10 of 10 June 9 2008 In reference to the earlier discussion regarding graffiti, Mayor Haggerton commented that during all his presentations to school groups, he includes the following two messages: We don't litter and we don't do graffiti. ADJOURNMENT 9:26 p.m. COUNCIL PRESIDENT DUFFIE DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. DVRie, resident t r T 70-11 Barbara Saxton, kctieputy City Clerk