City Council

Don Anderson December 10, 2016 Mayor Jason Whalen Deputy Mayor NOTICE Mary Moss Councilmember LAKEWOOD CITY COUNCIL SPECIAL MEETING Michael D. Brandstetter FOLLOWING THE Councilmember LAKEWOOD CITY COUNCIL STUDY SESSION John Simpson Councilmember Notice is hereby given that the Lakewood City Council will hold a Special Meeting on Monday, December 12, 2016, following the City Council Study Marie Barth Councilmember Session scheduled at 7:00 p.m., in the City Council Chambers, Lakewood City Hall, 6000 Main Street SW, Lakewood, Washington. Paul Bocchi The purpose of the special meeting is to consider Ordinance No. 656 Councilmember amending Chapter 12A.16 of the Lakewood Municipal Code relative to the City of Lakewood assuming the rights, powers, immunities, functions, and obligations of the City of Lakewood Transportation Benefit District. John J. Caulfield Alice M. Bush, MMC City Manager City Clerk 6000 Main Street SW, Lakewood, WA 98499-5027 , (253) 589-2489, Fax: (253) 589-3774 www.cityoflakewood.us  LAKEWOOD CITY COUNCIL SPECIAL MEETING Monday, December 12, 2016 Following City Council Study Session City of Lakewood City Council Chambers 6000 Main Street SW Lakewood, WA 98499 Page No. CALL TO ORDER ROLL CALL R E G U L A R A G E N D A ORDINANCE (3) Ordinance No. 656 Amending Chapter 12A.16 of the Lakewood Municipal Code relative to the City of Lakewood assuming the rights, powers, immunities, functions, and obligations of the City of Lakewood Transportation Benefit District. – City Attorney ADJOURNMENT The Council Chambers is accessible to persons with disabilities. Persons requesting special accommodations or language interpreters should contact the City Clerk’s Office, 589-2489, as soon as possible in advance of the Council meeting so that an attempt to provide the special accommodations can be made. http://www.cityoflakewood.us City Hall will be closed 15 minutes after adjournment of the meeting.  REQUEST FOR COUNCIL ACTION DATE ACTION IS TITLE: TYPE OF ACTION: REQUESTED: Approving Transportation Benefit December 12, 2016 X ORDINANCE NO. 656 District Assumption and Code Amendments RESOLUTION NO. REVIEW: November 21, 2016 ATTACHMENTS: November 28, 2016 _ MOTION NO. Ordinance OTHER SUBMITTED BY: Heidi Ann Wachter, City Attorney RECOMMENDATION: It is recommended that the City of Lakewood City Council assume the City of Lakewood Transportation Benefit District DISCUSSION: Assumption of the TBD by the City will retain the governing body and eliminate duplicated and repetitive tasks performed by both City employees and elected officials. In addition, the TBD would no longer have to pay $2,500 to WCIA for risk management assessment, $4,000-$5,000 every three years for an audit, coupled with there being no need to hold separate meetings. ALTERNATIVE(S): Maintain the existing TBD as a separate entity FISCAL IMPACT: Reduce duplication, save $2,500 in insurance cost and $4,000-$5,000 every three years for the audit. Prepared by City Manager Review Department Director 003  ORDINANCE NO. 656 AN ORDINANCE of the City Council of the City of Lakewood, Washington, assuming the rights, powers, functions, immunities, and obligations of the City of Lakewood’s Transportation Benefit District. WHEREAS, in August 2012, the City Council adopted Ordinance No. 550 creating the City of Lakewood Transportation Benefit District (“TBD”) with boundaries coterminous with the boundaries of the City, all in accordance with chapter 36.73 RCW; and WHEREAS, on July 1, 2015, the Washington State Legislature enacted Second Engrossed Substitute Bill 5987 (SESSB 5987) which, at Section 301, authorizes the City to assume the rights, powers, functions, and obligations of the TBD; and WHEREAS, on November 22, 2016 the City Council adopted Resolution No. 2016-23, declaring its intent to conduct a public hearing to consider the proposed assumption of the rights, powers, functions, and obligations of the existing City of Lakewood TBD; and WHEREAS, on December 5, 2016 the City Council conducted the public hearing allowing all persons interested in the proposed assumption the opportunity to be heard; and WHEREAS, the City Council has determined that the public interest and welfare will be satisfied by the City assuming the rights, powers, immunities, functions, and obligations of the existing City of Lakewood TBD; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON DO ORDAIN as follows: Section 1. Assumption of the City of Lakewood Transportation Benefit District. Pursuant to SESSB 5987 Section 301 and Section 303, the City of Lakewood hereby assumes all of the rights, powers, immunities, functions, and obligations of the City of Lakewood TBD. The City is hereby vested with each and every right, power, immunity, function, and obligation currently granted to or possessed by the City of Lakewood TBD as of the effective date of the Ordinance. The rights, powers, functions, and obligations previously exercised and/or performed by the governing body of the City of Lakewood TBD are hereby assumed by and transferred to the City of Lakewood City Council. Section 2. Amendment – Lakewood Municipal Code. 12A.16.000 Transportation Benefit District. Pursuant to SESSB 5987 Section 303(2), the governing body established in 12A.16.020 LMC is hereby amended as follows: 12A.16.020 - Governing Board A. Consistent with RCW 36.73.020(3), the governing board of the Lakewood Transportation Benefit District shall be the Lakewood City Council acting in an ex officio and independent capacity. The board Lakewood City Council shall have the authority to exercise the statutory powers set forth in chapter 36.73 RCW and this chapter. 004  B. The board Lakewood City Council shall develop a adopts the existing TBD policies, procedures and actions including the TBD material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). The City Manager or designee is hereby authorized to amend the language in any such policy , procedure or action to accurately reference City authority rather than TBD authority. C. The Mayor shall serve as the chair of the TBD Board and shall preside over all meetings of the Board. Meetings of the board shall be governed by the procedural rules applicable to meetings of the City Council, as these rules may be amended by the Council or the Board from time to time. Board actions shall be taken in the same manner and follow the same procedure as for the adoption of City Council resolutions. D. Annual Report to the Public. The board Lakewood City Council shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). 12A.16.025 - Administration and Personnel A. The City Manager for the City of Lakewood shall be the chief executive officer and head of the administrative branch of the Transportation Benefit District, acting in an ex officio capacity. The City Manager shall be responsible to the District for the proper administration of all affairs of the District. B. Consistent with RCW 36.73.020(4), treasurer of the Lakewood Transportation Benefit District shall be the Assistant City Manager Finance/Administration Services or his/her designee acting in an ex officio capacity. C. The City Attorney for the City of Lakewood or his /her designee shall be the attorney for the Transportation Benefit District, acting in an ex officio capacity. The city attorney or his /her designee shall advise the district authorities and officers in all legal matters pertaining to the business of the district and shall approve all ordinances as to form. He or she shall represent the district in all actions brought by or against the district or against district officials in their official capacity. He or she shall perform such other duties as the district by ordinance or resolution may direct. D. The City Clerk for the City of Lakewood or his /her designee shall be the clerk for the Transportation Benefit District, acting in an ex officio capacity. The city clerk, or his/her designee shall keep a full and true record of every act and proceeding of the district and keep such books, accounts and make such reports as may be required by the state auditor. E. The City Manager or designee shall, subject to the provisions of any applicable law, rule, or regulation relating to civil service, also have the authority to appoint and remove at any time any employees of the City of Lakewood to serve as employees of, and fulfill the purposes of, the District. 12A.16.030 - Powers of the Lakewood Transportation Benefit District The Lakewood Transportation Benefit District City of Lakewood shall possess all of the powers of a Transportation Benefit District authorized pursuant to Chapter 36.73 RCW including, without limitation, the power to request voter approval of, and thereafter impose and collect, a sales and use tax in accordance with RCW 82.14.0455. 005 12A.16.040 - Transportation Improvements Funded The funds generated by under the authority of RCW 82.14 by the City of Lakewood Transportation Benefit District shall be used for the purpose of funding ongoing transportation improvements that preserve, maintain and, as appropriate, construct or reconstruct the transportation infrastructure of the City of Lakewood, consistent with Chapter 36.73 RCW. The funds shall be used specifically for annual improvements for the operation, preservation, and maintenance of the City’s existing transportation improvements, facilities, functions, activities, and programs set forth in the City ’s current Transportation Improvement Program, adopted pursuant to Chapter 36.73 RCW, non-motorized improvement plan and the Lakewood City Council Ad Hoc Committee on Transportation Funding recommendations. Lakewood Transportation Benefit District projects may be amended in accordance with the material change policy described in LMC 12A.16.020(CB) and in accordance with the notice, hearing and other procedures described in chapter 36.73 RCW, including RCW 36.73.050(2)(b), as the same may be amended from time to time. 12A.16.050 - Establishment of Revenue Sources The board Lakewood City Council shall have the authority to establish fees and other revenue sources consistent with RCW 36.73.065. 12A.16.060 - Dissolution of the Lakewood Transportation Benefit District Expiration of authority to exercise statutory powers The authority of the City to exercise the statutory powers set forth in 36.73 RCW and this chapter shall expire Lakewood Transportation Benefit District shall be dissolved pursuant to the procedures set forth in chapter 36.73 RCW, when all indebtedness, if any, accrued pursuant to that authority of the Lakewood Transportation Benefit District has been retired and when all of the Lakewood Transportation Benefit District’s anticipated responsibilities of the Transportation Benefit District have been satisfied. This authority eshall Lakewood Transportation Benefit District will automatically expire dissolve on 12:01 a.m. on July 16, 2032, unless dissolved sooner pursuant to this Section. Section 3. No Existing Right Impaired. Pursuant to SESSB 5987 Section 304, this assumption does not impair or alter any existing rights acquired by the City of Lakewood TBD under chapter 36.73 RCW or any other provision of law relating to the transportation benefit districts. Nor does this assumption impair or alter any actions, activities , or proceeding validated thereunder; any civil or criminal proceedings instituted thereunder; any rule, regulation or order promulgated thereunder; any administrative action taken thereunder; or the validity of any act performed by the City of Lakewood TBD or division thereof or any officer thereof prior to the assumption of such rights, powers, functions, and obligations by the City as authorized under law. Section 4. Rules, Regulation, Pending Business, and Contracts. Pursuant to SESSB 5987 Section 305(1), all rules and regulations and all pending business before the board of the City of Lakewood TBD shall be continued and acted upon by the City Council. In addition, pursuant to 006 Section 305(2), all existing contracts and obligations of the City of Lakewood TBD remain in full force and effect and must be performed by the City. The assumption does not affect the validity of any official act performed by any official employee prior to the assumption authorized under the law. Section 5. Records of the City of Lakewood TBD. Pursuant to SESSB 5987 Section 306(1), all reports, documents, surveys, books, records, files, papers, or other writings related to the administration of the powers, duties, and functions available to the City of Lakewood TBD must be made available to the City. Section 6. Funds, Credits, Appropriations, Federal Grants, or Other Assets. Pursuant to SESSB 5987 Section 306 (2), all funds, credits or other assets held in connection with assumed powers, duties, and functions must be assigned to the City. Pursuant to Section 306(3), any appropriation or federal grant made to the City of Lakewood TBD for the purpose of carrying out the rights, powers, functions, and obligations authorized to be assumed by the City must, on the effective date of the assumption, be credited to the City for the purpose of carrying out such assumed rights, powers, functions, and obligations. Section 7. Assumption of Indebtedness. Pursuant to SESSB 5987 Section 307, the City assumes and agrees to provide for the payment of all the indebtedness of the City of Lakewood TBD, including the payment and retirement of outstanding general obligation and revenue bonds issued by the City of Lakewood TBD. Section 8. Severability. If any portion or section of this ordinance is found to be invalid of unenforceable for any reason, such finding shall not affect the validity or enforceability of any other portion or section of this ordinance. Effective Date. That this Ordinance shall be in full force and effect thirty (30) days after publication of the Ordinance summary as required by law. ADOPTED by the City Council this 12th day of December, 2016. CITY OF LAKEWOOD ___________________________________ Don Anderson, Mayor Attest: ______________________________ Alice M. Bush, MMC, City Clerk Approved as to Form: _____________________________ Heidi Ann Wachter, City Attorney 007  City of Lakewood Lakewood City Hall 6000 Main Street SW Lakewood, WA 98499 (253) 589-2489 (Legal Notice) December 13, 2016 NOTICE OF ORDINANCE PASSED BY LAKEWOOD CITY COUNCIL The following is a summary of an Ordinance passed by the City of Lakewood City Council on the 12th day of December, 2016. ORDINANCE NO. 656 AN ORDINANCE of the City Council of the City of Lakewood, Washington, assuming the rights, powers, functions, immunities, and obligations of the City of Lakewood’s Transportation Benefit District. That this Ordinance shall be in full force and effect thirty (30) days after publication of the Ordinance summary as required by law. The full text of the Ordinance is available at the City Clerk's Office, Lakewood City Hall, 6000 Main Street SW, Lakewood, Washington 98499, (253) 589-2489. A copy will be mailed out upon request. Alice M. Bush, MMC, City Clerk Published in the Tacoma News Tribune: _________________________. 008