HomeMy WebLinkAbout2017-06-26 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting
City Hall Council Chambers June 26, 2017 — 7:00 P.m.
COMMITTEE OF THE WHOLE
CALL TO ORDER/PLEDGE OF ALLEGIANCE
Council President Robertson called the Tukwila City Council meeting to order at 7:03 p.m. and led the
audience in the Pledge ofAllegiance.
OFFICIALS
Mayor Ekberg was not in attendance
Present were Dennis Robertson, Council President- Councilmembers Joe Duffie, Verna Seal,
KeUlyHougardy. Oa'Sean Quinn, Kate Kru||er, ThonnasMoLood.
CITY OFFICIALS
Rachel Bianchi, Acting City Administrator-, Mike Villa, Police Chief; Rick K8boheU, Acting Deputy Police
Chief; JayVVitbwer, Fire Chief; Jack Paoe, Community Development Director; Don Tomaao, Fire Marshal;
Kraig 8oyd, Se/geant, Community Police Team; Laurel Humphrey, Counoi|Ana|yot AndyYoun. Deputy
City Clerk; Barbara Saxton, Administrative Support Coordinator.
PUBLIC COMMENTS
There were no public comments
SPECIAL ISSUES
a. An agreement for Public Safety Plan program management quality assurance services.
Laurel Humphrey, Council Analyst, stated the Council requested the services ofo Program Management
Quality Assurance(PMOA ) provider that would report directly to the City Council regarding the City's
Public Safety Plan. On May 10, 2017, the City issued a Request for Qualifications for a Public Safety
Plan Program Management Quality Assurance provider. Three firms submitted statements of
qualifications and were invited to participate in an in-person interview, which included Council President
Robertson, Counoi|membersDuffie and Quinn, BobGiberson. Rachel Bianchi, and Laurel Humphrey.
Steven M. Goldblatt was unanimously selected by the interview panel based on his exemplary experience
and understanding nf the PMC>Arole.
Ms. Humphrey referenced page 19 of the agenda packet, which details the time schedule with hourly
commitments for the PK8C>Aprovider.
Mr. Go|db|att. PW1C)A nonninee, stated he is a former engineer, former attorney, former mediotor, and o
former professor of design and construction law. He has three decades of public works experience atthe
policy |nve|. program level and the project level. He volunteered as one of the authors of the state's
building construction contract "General Conditiona.^ He also participated in the creation ofRCVV3010.
which established legislation for the GC/CM (General Contractor Construction Management) construction
procurement method.
Mr. Go|db|attoited examples ofhis programmatic work, including on the Sound Transit citizen oversight
panel, as Co-chair of the King County Commission on Governance, and with the Seattle School District's
bond oversight committee, which he has served on for the past 10 years and currently is Vice-Chair.
At the project level, he has advised on 64 GC/CM projects including Safeco Field, the seawall in Seattle
and Stadium High School.
Tukwila City Council Committee of the Whole Minutes
June 26, 2017
Page 2 of 8
Mr. Goldblatt stated he is pleased to be nominated for the PMQA role for the City's Public Safety Plan.
His understanding is that he will be accountable to the City Council. lie will work with the project
executive team to deliver value to the taxpayers and, to the extent possible, to minimize any surprises.
He will provide timely updates and sound advice, although he warned it may not always be good news.
Monthly reports in writing and in person (as called for) are planned. He reported that he has studied all
the materials related to the Public Safety Plan posted on -line from the last 3 years.
He feels the City's biggest challenge is and will be funding the program scope, and he will always be
mindful of that although it is outside of the PMQA role.
Mr. Goldblatt stated the City's GC /CM proposal will go before the State for approval at the end of the
month. By the end of the year, the City will have the schematic design estimate for Fire Station 51.
Program estimates for Fire Stations 52 and 54 will come early next year based on the locations selected,
followed by the schematic design estimate.
The architect for the Justice Center will be on board next month. A programming estimate may be
available by early next year pending site selection by the end of this year. The schematic design estimate
would then be available by spring 2018.
The Councilmembers welcomed Mr. Goldblatt to the Tukwila team, and expressed appreciation for the
advance work and knowledge he has acquired on the Public Safety Plan. They feel his breadth of
experience and awareness of public processes will greatly benefit the projects.
In response to Councilmember McLeod's question regarding the scheduled 25 hours per month,
Mr. Goldblatt stated he will be as efficient as possible and hopes not to challenge the budget level. He
has seen a lot and knows what to focus on, and feels 25 hours will be sufficient.
In response to Mr. Goldblatt's question regarding communicating individually with Councilmembers, the
Council agreed that Laurel Humphrey, Council Analyst, will serve as a liaison to ensure all
Councilmembers get the information at the same time. The Chairs of the Public Safety and Finance
Committees previously stated their support for that process.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE SPECIAL MEETING
FOLLOWING THIS COMMITTEE OF THE WHOLE MEETING.
b. Consensus on Public Safety Plan sustainability goals.
Councilmember McLeod indicated this item was discussed at the Public Safety Committee meetings on
May 15 and June 19, 2017. The committee members were unanimous in recommending approval.
Rachel Bianchi, Communications and Government Relations Manager, stated the Architect for the fire
station projects has asked for some strategic direction on design considerations, especially with current
market conditions. Page 25 of the agenda packet is the initial memo received from Weinstein A +U that
looked at various routes the City could take regarding sustainability in design and construction of the fire
station program.
Staff's recommendation is to move forward without pursuing a LEED (Leadership in Energy and
Environmental Design) or other certification, while still looking for ways to achieve sustainability goals.
It is estimated the costs of certification (to earn the plaque) can be in the $100,000 range.
Ms. Bianchi noted the Pacific Northwest is known for its strong building codes related to energy use and
water use, for example. Ms. Bianchi distributed a paper on "Baseline Green Strategies" to the Council
from Weinstein A +U. Examples include additional window glazing and use of landscaping as a way to
filter water.
Tukwila City Council Committee of the Whole Minutes
June 26, 2017 Page 3 of 8
Coumci|member Seal referenced page 25of the agenda packet, which notes that Tukvvka'a
Comprehensive Plan "prioritizes livability for its residents and responsible environmental stewardship for
the benefit of future genonadons.^ She noted itis also the Council's duty tobe fiscally responsible.
Councilmember Hougardy supports an approach that would be accountable to sustainability and achieve
the highest goal possible without going for certification.
Councilmember Kruller asked for information on what types of features would not be included if
certification was not pursued, and if certification could be applied for at a later date.
yNu Bianchi identified features such as a reused water option, solar capability and increasing the level of
insulation beyond code requirements. She noted the design could include ensuring the roof structure
would be capable of taking solar in the future. Reclaimed water technology ie expected toimprove
substantially in the future. She stated a list could be compiled of potential strategies such as these that
could beconsidered.
Mr. Go|db|attstatad the City has a gond, seasoned architectural team that designs the most sustainable
buildings they can do with the budget. Each increment adds up-front money. All substantive items onthe
list that the City chooses to add are doable and many are common approaches in the Northwest. He
stated that a LEED certification application could be submitted at a later phase. He noted that the longer
you wait—especially into construction phase— it becomes more difficult for the project teamtuaatiefv
those requirements because the required paperwork is voluminous and requires input from all parties
from the beginning. He stated that money saved by not pursuing LEED certification could be directed into
including one of the desired sustainabi|ity features in the design.
Council President Robertson referenced information at the bottom of page 29 of the agenda packet that
reads, ''|n order to facilitate those deoinions, the design beam will strive to organize our final building
programs and subsequent cost analysis into a set of options that will help the City choose which level of
spending best aligns with its highest priorities."
The project team will come back to Council with options (i.e rough-in for future ao|mr)and the costs
associated with those. There was agreement those issues can come straight toa Committee ofthe
Whole meeting, without needing to go through the Public Safety Committee again.
W1a. Bianchi clarified the team would be looking at strategies in line with the proposed direction for
eustainabi|ity, such os steps to prepare the building for potential future solar and native landscaping
versus significant rainwater harvesting.
COUNCIL CONSENSUS EXISTED TOMOVE FORWARD WITH THE PROJECT TEAM'S
RECOMMENDED DIRECTION OF A SUSTAINABLE MIDDLE GROUND OPTION.
c. An ordinance relating to trespass warnings on City property.
Councilmember McLeod indicated this item was discussed at the Public Safety Committee meeting on
June 10.2O17. The committee members were unanimous in recommending approval.
Sergeant Kraig Boyd, Community Police Team, explained officers have frequent contact with people
actively breaking park ru|en, including complaints about Cascade View Park and the Tukwila Community
Center. Officers have found people are aware these rule-breaking incidents are acivil infroction, which
has not proven tobean effective means of enforcing park rules. The proposed ordinance isconsistent
with similar ordinances in neighboring jurisdictions and was developed with assistance of the City
Attorney's Office. It is based on a graduated penalty system for trespass violations on City property. For
a first offense, the offender would receive a trespass warning for 7days. For a second offense within one
year, the offender would be trespassed for not more than 0Udays. After a second trespass warning, the
offender may bo trespassed for upto one year. The ordinance also addresses the issue ofonappeal
process, and allows an offense to be enforceable as a misdemeanor rather than a civil infraction. Police
personnel feel this will help them address issues with people who make it difficult for others to use the
parks.
Tukwila City Council Committee ofthe Whole Minutes
June 26, 2017 Page 4 of 8
Sergeant Boyd clarified that o trespass is managed esa separate issue from a person experiencing
homelessness. Public camping laws are addressed under a Ninth Circuit Court ruling (Bell v. City of
Boise). The Police Department is currently developing a Standard Operating Procedure to assist officers
in working with people in homeless situations (resources, etc.). This ordinance is meant toaddress
people who are breaking park rules.
Counoi|mennber KnuUerankod if an officer must be a visual witness to o vio|otion, rather than having it
reported and documented ona video orphotographs. Sergeant Boyd noted that a criminal violation can
mean that because of those actions the offender may also be trespassed from the property.
Chief Mike Villa clarified that for some laws an officer must be present and observe the action bomake an
mr/msL That ia not necessarily the case for en officer to issue a trespass warning. An officer must have
probable cause as outlined in Section 4 of the proposed ordinance (pages 41-42 of the agenda packet).
Councilmember Quinn asked what the enforcement process would look like with this ordinance.
Sergeant Boyd explained they would contact person who is violating park ru|es, and action would be
dependent on the situation at hand. |f the person appears unwilling hn comply, it would progress too
trespass warning. The trespass warning consequence escalates with each additional instance within the
same year, which will help with enforcement. Officers have noted that problems have been reoccurring
and usually with the same people.
The Tukwila Police Department has an officer who has been working with King County Mental Health and
other agencies to find resources for those who may need additional assistance, i.e. a place to stay or
other types ofhelp.
Councilmember Seal noted that park signage would be updated to reflect the new law. Sergeant Boyd
stated the department will also utilize social media and other means to make the community aware of the
change.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TQTHE NEXT REGULAR MEETING.
d. Police Department body camera program.
Counci|m*mber McLeod indicated this item was discussed at the Public Safety Committee meeting on
June 1Q.2017. The committee members were unanimous in recommending approval pending contract
review.
Acting Deputy Chief Rick Mitchell utilized a PowerPoint presentation to give an overview of the body and
vehicle camera program the Police Department has been working on for the past 18 months. The
department would like to move forward with the purchase of cameras for vehicles and uniformed officers.
He noted that as part of the proposed agreement, the City would also receive 50 new Conductive
Electrical Devices, commonly known asTaoers.
Body camera programs are increasing throughout the country for several reasons
^ Controversial incidents/shootings, public demand for infornnotion/onsvvera.
• Increased scrutiny/accountability for police agencies.
• Need for better equipment capability, lower liability, lower complaints and uses of force. (Dash cams
only show you what happens in front of the police nar.)
• Many states are currently debating/d rafting legislation requiring law enforcement agencies to wear
body cameras. It is inevitable this will likely be required equipment by law enforcement in the future.
• Our department's problems with the current system's performance/capability as compared to the cost
for that system.
• Over 300 law enforcement agencies nationwide already use body cameras.
Tukwila City Council Committee of the Whole Minutes
June 26, 2017
Purpose of the Cameras
• Public safety —they know the incident will be recorded.
• Officer safety.
• Enhanced ability for reconstruction and recall of incidents and scenes.
• Details of any incident from several vantage points from the officers and vehicles on scene.
• Transparency /accountability.
• Additional ability to identify performance and /or training issues.
• Job satisfaction.
Page 5 of 8
The department has conducted two pilot programs since April 2016. The officers have indicated they like
these cameras. The technology and capabilities also allow an officer to dictate notes and move the
camera around to show scenes.
Research /Case Studies
Rialto, CA (similar in size to Tukwila)
• 1 -year study.
• Complaints against officers dropped 88 percent
• Use of force by officers dropped 59 percent.
• Significant decrease in civil and criminal cases.
Orlando, FL (a larger agency than Tukwila)
• Complaints against officers dropped 65 percent.
• Use of force by officers dropped 53 percent.
• Significant decrease in civil and criminal cases.
Benefits to having the cameras
• Lowers violence /confrontations against police officers.
• Lower amounts of complaints, frivolous complaints.
• Increased guilty pleas on criminal investigations (reduced prosecution and defense resource /labor
hours).
• Lower time spent on Internal Investigations.
• Lower litigations, and costs.
• Lowers medical costs, L &I claims (less confrontations).
• Less impact on Fleet Division and Technology Services (resources and labor hours). (This was
noticed right away during Tukwila's test program.)
Tukwila PD's pilot program -2016
The Police Department had a policy in place before implementing the pilot program. The policy was
based on Washington State House Bill 2362 plus best practices, and covered areas such as privacy
considerations and public disclosure issues. They also reached agreement with all labor unions on the
use of the cameras.
Comparison: Axon body cameras versus current system
• Better /smaller technology.
• Improved coverage on incidents from all vantage points.
• Significantly better video quality.
• Significantly improved storage, reproduction and delivery (not reliant on network servers); CJIS
compliant (Criminal Justice Information Services).
• 3 pieces of equipment (body cam, vehicle, taser); latest technology.
• Upgrades on all equipment every 2.5 years, with the latest technology.
• Cloud based; no additional technology infrastructure costs.
• With the current system, one Technology Services employee spent 50 to 70 percent of his time.
Tukwila City Council Committee ofthe Whole Minutes
June 26.2017
Page 6 of 8
Privacy/Public Disclosure
• H023S2 (February 2O1G) public disclosure requirements/protections.
• Comprehensive department policy already established when officers can and cannot record.
• Department policy also dictates when officers are required to record.
• Washington 2-party consent state (may record when in official duty orin investigative purpose).
• Records manager will determine what is produced based on applicable state and federal law.
• Body camera policy was reviewed/approved by the City Attorney.
• Capital costs, licensing and storage costs, public disclosure requests (labor/resources).
• Currently spend approximately $60,000 per year for camera systems for 20-25 cars, plus Tasers.
• First year capital cost of$153.352 (for 50 body cams, 29 vehicle cameras, 5O new Tasens).
• Annual cost of $08.802 for the following 4years.
• Costs for 2817 and 2O18 will bo paid with existing funds plus seizure funds; a budget amendment
request possible for the 201A-2O28 budget cycle.
Included in the agreement
• Unlimited replacement warranty for any equipment failure on all three devices.
• Upgrades every 2.5 years with latest/newer technology.
• Local support; AXON technical support inSeattle. (Support for current system ieinHouaton.)
Chief Mitchell noted the agreement would provide the department with the most up'ho-dateTamsns;the
current fleet isapproximately 15 years old. He also noted the new Tamarsare interactive with mamonan.
such that the cameras are triggered on when a Taser is fired.
Chief Mitchell stated the seizure fund is revenue generated by the Police Department—usually through
narcotics enforcement (including the motel seizure operation on Tukwila International Boulevard). State
and hadana| statutes allow the department to keep the h|nds, but guidelines nnuaf be followed on how
those funds can beused. The funds can be used for training nr equipment that can be put back into
functional or operational issues for the Police Deportment.
8:35 p.m. Councilmember Duffie exited the Council Chambers.
Chief Villa noted that one unknown factor related to the new cameras is the potential impact cfpublic
records requests. He stated the department may be faced with a decision after the next year to either
come to the Council to ask for a full or half-time person or to possibly return the body cameras. He noted
that the Axon video system is more efficient than the current system for retrieving data, and Axon is
testing software for self-redaction capabilities.
8:38 p.m. Councilmember Duffie returned to the Council Chambers.
Chief Mitchell stated the department will continue to stay in communication with officers as they did during
the pilot program. The department wants to remain very interactive and watch, evaluate and take
feedback from officers. They also receive frequent policy update recommendations from Lexipol and
suggestions from officers for potential policy changes.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
e. A fireworks permit submitted by Zakuani and Friends Charity Match to be used on July 2,
2017 at Starfire Sports.
Council President Robertson stated this item did not go through the Council Committee process due to
time limitations.
Tukwila City Council Committee of the Whole Minutes
June 26, 2017 Page 7 of 8
Don Tomaso, Fire Marshal, stated the applicant submitted a permit request within the 10 -day requirement
set by State law. The type of fireworks to be used will be similar to those used by the Sounders S2 last
year.
Mr. Tomaso explained RCW 70.77 states applicants must give a minimum of 10 days' notice and requires
the governing body to approve (or turn down) a permit for a public display.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE SPECIAL MEETING
FOLLOWING THIS COMMITTEE OF THE WHOLE MEETING.
REPORTS
a. Mayor
Mayor Ekberg was not in attendance
b. City Council
Councilmember Duffie attended the Association of Washington Cities (AWC) Annual Conference June 21
and June 22, 2017. He reported that Joseph Todd, Technology & Innovation Services Director, and the
Tukwila Police Department both gave presentations, which were received well by the audience. Mr.
Duffie also attended the groundbreaking and ribbon - cutting for the Tukwila School District's construction
projects at Cascade View Elementary on June 26, 2017.
Councilmember Seal was present at the National League of Cities (NLC) Summer Board and Leadership
Meeting in Cleveland from June 19 to June 21, 2017, and participated in the Council on Youth, Education
and Families summer committee meeting. She reported on an NLC economic mobility and opportunity
task force that is drafting recommendations around the areas of jobs, workforce development and wages;
housing; equitable economic development; and financial inclusion. The NLC president presented a local
action challenge, asking task force members to examine how their cities are boosting working families'
incomes (Earned Income Tax Credit), strengthening residential financial capabilities, and providing new
options for families in debt. Ms. Seal remarked that expanding access to financial institutions is of
particular importance to the City of Tukwila's community, which has a high immigrant and refugee
population. She also reported that Ohio's 11th District Representative, Congresswoman Marcia Fudge,
addressed the committee and outlined the impact of President Trump's proposed budget on the State of
Ohio. Ms. Seal noted the significant impact the proposed budget cuts would have at the municipal level
and emphasized the need to be nimble and creative in order to continue providing quality services to the
City of Tukwila's businesses and residents.
Councilmember Hougardy attended the Association of Washington Cities (AWC) Annual Conference in
Vancouver, Washington, June 21 and June 22, 2017. She reported that Councilmember Duffie carried
the City of Tukwila flag at the opening session on June 21, 2017, and that representatives from the City of
Tukwila's Police Department presented an excellent workshop on community relations. Ms. Hougardy
also participated in the interview process for board members at AWC's Annual Business Meeting
Committee on June 19, 2017. Additionally, she attended a session on digital inclusion on June 23, 2017
that was moderated by Joseph Todd, Technology & Innovation Service Director for the City of Tukwila.
Ms. Hougardy also reported that she is on AWC's Educational Advisory Committee, which works closely
with the Municipal Research & Services Center to educate public officials.
Councilmember Kruller was present at the National League of Cities (NLC) Summer Board and
Leadership Meeting in Cleveland from June 21 to June 23, 2017, where she participated in
Transportation & Infrastructure Services Committee meetings. Ms. Kruller stated that the committee was
visited by the Vice President of Clear Channel as an expression of interest in assisting with public service
announcements and communication campaigns regarding transportation. She noted that the NLC
meeting highlighted the City of Cleveland's use of art as a catalyst in economic development, as well as
their work in working to preserve affordable housing. Ms. Kruller remarked on the transformative
development work completed through Cleveland Neighborhood Progress, a community development
intermediary that works through large grants and private donations.
Tukwila City Council Committee ofthe Whole Minutes
June 2O.2O17
Page 8 of 8
Councilmember McLeod was present at the Board of Architectural Review meeting on June 22, 2017,
related to permit processing approval for the expansion of Foster High School. Mr. McLeod reported that
on June 2G.2U17. the Public Safety committee reviewed the report from FACETS Consulting,
recommending locations for fire stations. Mr. McLeod noted that the committee in recommending the
FACETS report move forward. The Public Safety Plan Siting Advisory Committee will meet on
Wednesday, June 28.2O17ho review the FACETS report.
c. Staff
Rachel Bianchi, Acting City Administrator, issued a general reminder that discharging fireworks is illegal in
the City ofTukwila. Ms. Bianchi noted there will be roving patrols of firefighters and police officers, and
increases in communication efforts during peak times. The public ie encouraged to attend the City of
Tukwi|o'a annual July 4th celebration at Fort Dent.
d. Council Analyst
Laurel Humphrey, Council Analyst, issued a general reminder that there will be no Council or Council
Committee meeting on July 3.2017.
9:18 p.m. COUNCIL PRESIDENT ROBERTSON DECLARED THE COMMITTEE OFTHE WHOLE
MEETING ADJOURNED.
(21a 1; —It - �— - 0—), i —
Dennis Roberts(5n, Council Pr�e'sident
Barbara Saxtor( AdrAinistrative Support Coordinator
APPROVED 8Y THE COUNCIL PRESIDENT: 07x05/17
AVAILABLE ON THE CITY WEBSITE: 07/06/17