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HomeMy WebLinkAbout2018-12-10 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers December 10, 2018 — 7:00 P.M. MINUTES COMMITTEE OF THE WHOLE CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President Seal called the Tukwila City Council meeting to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were Council President Seal; Councilmembers Dennis Robertson, Kathy Hougardy, De'Sean Quinn, Kate Kruller, Thomas McLeod. Councilmember Idan was not in attendance. CITY OFFICIALS Allan Ekberg, Mayor; David Cline, City Administrator; Rachel Bianchi, Deputy City Administrator; Jack Pace, Community Development Director; Nora Gierloff, Deputy Community Development Director; Henry Hash, Public Works Director; Hari Ponnekanti, Deputy Public Works Director/City Engineer; Cyndy Knighton, Senior Program Manager; Peggy McCarthy, Finance Director; Vicky Carlsen, Deputy Finance Director; Eric Dreyer, Deputy Police Chief; Don Tomaso, Fire Department Shift Commander; Laurel Humphrey, Council Analyst; Andy Youn, Deputy City Clerk. Council President Seal requested the Council and audience observe a moment of silence in honor of City of SeaTac Councilmember Amina Ahmed who passed away on December 8, 2018 as a result of injuries suffered during a fatal automobile accident. Ms. Ahmed was a fierce advocate for immigrants and refugees and a tireless public servant, serving on the King County Immigrant and Refugee Commission as well as Governor Jay Inslee's Poverty Reduction Work Group. Ms. Seal extended her condolences to Ms. Ahmed's family and friends and the City of SeaTac. She expressed Ms. Ahmed will be missed by every life she touched. PUBLIC COMMENTS Alexis Mburu is a student at Foster High School and said she is present tonight to bring an important message concerning empowerment to the Council and City. The traditional definition of empowerment is authority or power given to someone to do something. However, in this day and age, empowerment has taken on new meanings that are customized to each individual. Ms. Mburu said that for her, empowerment is about using positive energy to negate negative energy in her life. The meaning of empowerment can be different for others. She shared that she is starting a movement called, "Empower Tukwila," which helps individuals find and use inner empowerment to make the environment we live in a thoughtful place to be. She also wants to be able to provide resources for those who don't know what their definition of empowerment is. She expressed that the sharing of ideas and open, respectful dialogue is powerful and will help individuals be more understanding and functional. Big results require big ambitions. Councilmember Hougardy invited Ms. Mburu to speak to the Equity and Social Justice Commission by contacting her or Mikkell Roeland, Chair of the Commission. Councilmember Kruller asked Ms. Mburu what step she'd like to accomplish first. Ms. Mburu explained her first step is to have everyone be knowledgeable about their definition of empowerment and be able to share their ideas. The Councilmembers thanked Ms. Mburu for her message and for her passion concerning this issue. Tukwila City Council Committee of the Whole Minutes December 10, 2018 Page 2 of 8 SPECIAL ISSUES a. City Council Year -End Report. Council President Seal stated it has been an honor and a privilege to serve as Council President this year. Each year, the Council seems to have longer meetings. At this year's retreat, the Council decided to focus on communications and outreach education about the legislative branch's role in comparison to the executive branch through "The Hazelnut" newsletter. Council staff worked with the Mayor's Office to implement a consistent and transparent follow-up process to public comments given at Council meetings. The Council also engaged the community through monthly Council Coffee Chats, Town Hall at the Beit Ha Shofar Synagogue, Council Chat for seniors in October, and partnership with Teens for Tukwila at various meetings. The Council also worked on significant policy matters this year, such as the 2019-2020 budget, Public Safety Plan, neighborhood traffic calming, and human rights. Ms. Seal said the Council adopted legislation opposing the federal government's actions to separate migrating children from their families; worked with the community to prohibit City Police Officers and employees from inquiring into immigration status except during the course of criminal investigations; and recently took a stand against the Trump administration's proposed rule regarding "Public Charge," which would prevent immigrants and refugees from seeking public benefits. Each of the four standing Committees undertook their work plans and accomplished great work. She thanked the Council, Mayor, City Administrator, and staff for their efforts serving the community this year. Councilmember Hougardy, Chair of the Public Safety Committee, thanked Councilmembers Robertson and McLeod for working with her this year. The Committee covered many issues relating to the Public Safety Plan, which were then reviewed by the full Council: The schematic design for Fire Station 51 was completed; the Committee adopted a disadvantaged business enterprise and diversity policy; Fire Station 52 was redesigned to be a drive -through station; the Public Safety Plan was reconfigured to consider alternates for Fire Station 54; the Committee monitored the budget to ensure fiscal prudency and approved the demolition of vacant property. The Committee also received a briefing and update on the Body Camera Program by the Police Department, which pioneered automatic recording of cameras. Online Crime Reporting was implemented and resulted in time savings for the Police Department and is a huge service to the public. The red light cameras pilot program will be finished in early 2019. Ms. Hougardy thanked Police and Fire Department staff as well as the Mayor and City Administrator. Councilmember Quinn, Chair of the Finance Committee, thanked Councilmembers Robertson and Kruller, who showed up at every meeting ready to thoroughly vet all of the issues. He stated one of the core responsibilities for the Council is legislative due diligence through the budget. The Committee arrived at a prudent, thoughtful decision on financing the Public Safety Plan after weeks of review and ended with a package the Council could unanimously support. He thanked Rachel Bianchi, Deputy City Administrator, for her support. The Committee also introduced priority -based budgeting which is a natural progression of having a Strategic Plan. He thanked Peggy McCarthy, Finance Director, for her work and her attention to detail. The Committee reviewed the possibility of a Business and Occupation Tax while working on revenue considerations but chose a more measured approach to address the $1.2 million budget deficit, based on community feedback. The Committee also addressed employee compensation this year. Mr. Quinn emphasized budgets are the most important responsibility of the Council, which unanimously approved the 2019-2020 budget. The Council committed to learning, sharing and debating what is most appropriate for Tukwila residents. He thanked staff for bringing the Committee options to consider and the Mayor and City Administration for providing a budget the Council could work with. He stated the Council added components to amend the budget based on Town Hall meetings with the community and information received from Department Directors. Councilmember Kruller, Chair of the Community Development and Neighborhoods Committee, thanked Councilmembers Hougardy and Idan. She explained this committee is about everyday quality of life in the City. The Committee reviewed 2019-2020 budget components (Parks, DCD, Golf, Urban Renewal, Land Acquisition, Lodging Tax). The Committee covered several major issues: An ordinance was passed concerning Accessory Dwelling Unit regulations to increase affordable housing options in the City; The Committee reviewed zoning considerations for shelter locations and regional responses to homelessness; Tukwila City Council Committee of the Whole Minutes December 10, 2018 Page 3 of 8 Development options were reviewed for the Ryan Hill Neighborhood study with outreach conducted to residents in the area; Residential development standards were also adopted for the Tukwila South Overlay Zone for a proposed multifamily development that will straddle Tukwila and SeaTac; The Committee reviewed a proposal for a Development Agreement with Homestead Community Land Trust for a potential affordable housing project on the Riverton Park United Methodist Church property. Other items the Committee reviewed include: updates to the Foster Golf Links fees, a Municipal Arts Plan, animal regulations relating to pest control implementation, updates to the Tree Code, Tukwila Village lease authorization, Human Services contracts; and Tukwila International Boulevard Plan implementation. Ms. Kruller relayed these items show how effectively "ordinary things" are accomplished. The Committee has several items lined up for review in 2019. Councilmember McLeod, Chair of the Transportation and Infrastructure Committee, thanked Councilmembers Quinn and Idan. The Committee connected early in the year with the Public Works Director to have a conversation about key priorities. The Committee oversaw two major street improvement projects: 42nd Avenue South and 53rd Avenue South. They also worked on the Annual Overlay and Repair Program and gained a better understanding of the factors involved in selecting projects. Work continued on the Neighborhood Traffic Calming Program and resulted in a policy that will be discussed further tonight. The Committee also discussed the funding challenge associated with the Strander Extension Project. The Washington State Department of Transportation's (WSDOT) Transportation Improvement Board met with the Committee regarding strategies to bridge the funding gap of approximately $64 million. The Committee also worked on small cell technology Franchise Agreements with AT&T and Mobilitie, as well as reviewing 2019-2020 budget components (Residential Streets, Arterial Streets, Public Works, Fleet, Utility rates, water, sewer and surface water capital projects). Part of the Council's adopted budget passed last week included funding of two new crosswalks on Tukwila International Boulevard near the Abu Bakr Islamic Center. The crosswalks will also serve Cascade View Elementary School and Foster High School. He thanked City Administration, Committee members, and Council for their support in making that area safer. He also thanked the Council President for her guidance this year. Council President Seal extended thanks to Laurel Humphrey, Council Analyst, for her support of the Council. b. An amendment to the contract with Weinstein Architects and Urban Designers for fire stations. Councilmember Hougardy indicated this item was discussed at the Public Safety Committee meeting on December 3, 2018. The committee members forwarded this item with unanimous approval. Rachel Bianchi, Deputy City Administrator, relayed this item is a "true up" to the contract with Weinstein Architects and Urban Designers (WAU). Last July, the Council directed the team to remove Fire Station 54 from the Public Safety Plan. The contract was amended to reflect the updated construction costs and the deletion of the new Fire Station 54. However, the additional costs (approximately 5% per station) to stations 51 and 52 resulting from removal of station 54 was inadvertently left out, resulting in the need to update WAU's contract to reflect the firm's actual fees, which are tied to the State's fee guidelines. Additionally, there are also some additional fees previously discussed with Council for making station 52 a drive -through station and retaining various alternates associated with each station. The increase of $383,462 is included within the Council -approved overall project budgets for stations 51 and 52. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE SPECIAL MEETING CONSENT AGENDA DIRECTLY FOLLOWING THIS COMMITTEE OF THE WHOLE. c. An ordinance modifying the standards for private residential rental program inspectors. Councilmember Kruller indicated this item was discussed at the Community Development and Neighborhoods Committee meeting on November 27, 2018. The committee members forwarded this item with majority approval, with Councilmember Kruller opposed. She explained that following testimony received by the Committee regarding substandard rental inspections, the Committee evaluated ways to improve this program. Tukwila City Council Committee of the Whole Minutes December 10, 2018 Page 4 of 8 Nora Gierloff, Deputy Community Development Director, explained the City's Residential Rental Business License and Inspection Program was developed in 2010 and went into effect in 2011. The City is divided into 4 quadrants with one quadrant inspected each year on a rotating basis. Most of the City's rental units have been inspected twice since the Inspection Program was established. Properties with up to 4 units may use a City inspector while all larger properties must use a private inspector. Private inspectors must apply to be on the City's list of approved inspectors and be able to provide documentation they are certified or licensed in Washington State as a home inspector or architect. Ms. Gierloff explained Community Development relies heavily on this partnership with private inspectors rather than only utilizing staff in-house to conduct inspections. In the 8 years since the program was established, only one inspector was found to be conducting substandard work. They were identified through the course of the City's normal processes and removed from the approved listed of inspectors in 2017. In response, the Community Development and Neighborhoods Committee asked staff to develop an ordinance to create additional safeguards and mitigate this type of issue in the future. The proposed ordinance adds the following provisions: 1. Code officials will be able to reinspect units when the inspection report results are in question; 2. Inspectors may not have a financial interest in the properties they inspect; and 3. The City may revoke a rental license if an inspection checklist is submitted to the City that the owner or the inspector knew (or should have known) was false. Ms. Gierloff noted staff are asking that this item be forwarded to the Consent Agenda at the Special Meeting to follow so the new provisions will be in place for inspections in 2019. Ms. Kruller expressed while she is still concerned the proposed ordinance does not address all of the issues, the Committee supports moving the proposed ordinance forward so the changes can be implemented sooner rather than later. Some suggestions that have been fielded are difficult for staff to accommodate. For example, the City is currently not able to accommodate payments for inspections due to issues with potential liability. Ms. Gierloff explained the City Attorney had concerns about routing the payment process through the City as the City may become liable for damages if there is a bad inspection or if an inspector missed something. Following a request for clarification, she explained the City accepts anonymous complaints through SeeClickFix or by phone. Staff cannot follow up with anonymous complaints. Ms. Kruller suggested adding a penalty such as reporting to the organization that issued the inspector certificate or license, so the inspector does not conduct misleading inspections in other jurisdictions. She is also concerned that inspectors may still be submitting insufficient reports and would like to evaluate this issue further next year. Councilmember Quinn suggested additional penalties such as not being able to operate their business license. He would like to review the inspection process so that it is predictable, escalates appropriately, and addresses poor performance. He said the City should consider additional motivations for compliance and thoroughness to protect residents. While the fact there was only one incident is a positive reflection on staff and the current established process, there is opportunity to improve the program. Councilmember Robertson noted if something gets missed during an inspection, many tenants will live in substandard housing until the next inspection occurs 4 years later. He would like to delay this item so it can undergo additional review. Councilmember Hougardy suggested passing the proposed ordinance now so changes will be effective beginning next year. Although it does not address all of the Council's concerns, the alternative is to use the old ordinance which does not have the added provisions to protect residents. Council President Seal said this is an evolutionary process and the Council can pass it tonight with the understanding that the next committee will review it again. Tukwila City Council Committee of the Whole Minutes December 10, 2018 Page 5 of 8 COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE SPECIAL MEETING CONSENT AGENDA DIRECTLY FOLLOWING THIS COMMITTEE OF THE WHOLE MEETING. d. An ordinance amending Ordinance No. 2447, "Code of Ethics for Elected Officials," to create the position of Ethics Officer. Council President Seal indicated this item was discussed at the Committee of the Whole Meeting on November 26, 2018. Laurel Humphrey, Council Analyst, explained the proposed ordinance amends Tukwila Municipal Code Section 2.97.050, "Complaint Process," by creating the position of an Ethics Officer, who will be an independent contractor who is either a licensed attorney or who has municipal hearing experience. The role of the Ethics Officer will be to review incoming ethics complaints to make an initial determination of sufficiency or insufficiency before an investigation is initiated. Ms. Humphrey stated following the last Council meeting, she reached out to the City Attorney for input regarding the following concerns that were raised: • Is there a consequence for filing `frivolous' complaints? This is deterrent language. While the Council could choose to set a penalty, it could be difficult to enforce in practice. • At what point in the complaint process should the entire Council receive a copy of the complaint and/or associated reports? One suggestion was that the full Council receive a copy of the Ethics Officer's initial determination of sufficiency or insufficiency. This would result in the full disclosure of ethics complaints against any individual Councilmember to the full Council. Another suggestion was that the full Council be notified only after a determination of sufficiency is made and an investigation moves forward. Staff await Council direction on which process is preferred. She explained the original proposed ordinance is on page 49 of the agenda packet and distributed handouts to the Council containing two versions of the ordinance to address the issue of when the Council would receive copies of the complaint and/or associated reports: • Option 1: The full Council receives notice of all ethics complaints and full disclosure of ethics complaints against any individual Councilmember. • Option 2: The full Council is only notified after a determination of sufficiency is made and an investigation moves forward. Councilmember Hougardy noted any individual can access information through the Public Records Act if needed. Receiving complaints that may not be valid may interfere with daily business activity. Council support existed to move forward with Option 2: The full Council is only notified after a determination of sufficiency is made and an investigation moves forward. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM WITH CHANGES AS DISCUSSED ABOVE TO THE SPECIAL MEETING CONSENT AGENDA DIRECTLY FOLLOWING THIS COMMITTEE OF THE WHOLE MEETING. e. A resolution adopting the City of Tukwila Neighborhood Traffic Calming Program. Councilmember McLeod indicated this item was last discussed at the Committee of the Whole Meeting on November 26, 2018. He explained staff made changes to the proposed Neighborhood Traffic Calming Program (NTCP) following discussion/suggestions by the Council: • Clarifying language was added on page 2 of the NTCP: "The Public Works Director has the discretion to address any safety issues discovered outside of the NTCP Process." • The neighborhood vote requirement for Level I improvements was removed on page 3 in favor of requiring a vote "of the affected property owners." Tukwila City Council Committee of the Whole Minutes December 10, 2018 Page 6 of 8 • Clarifying language was added on page 3 regarding the process for qualifying for Level II treatments. • The voting process by ballot for Level II improvements was adjusted on page 4. • Language was added on page 4 to ensure the Transportation and Infrastructure Committee receives regularly scheduled reports. • The section on 'removal' of traffic calming devices on page 5 was removed from the NTCP. • A section on 're -enrollment' was added to the NTCP on page 5. Councilmember Robertson commended the Transportation and Infrastructure Committee and Public Works for their work. He has seen the issue of traffic calming resurface time and again in the past 30 years but it has not resulted in a policy until now. He pointed out that the majority of traffic generated in the City is through -traffic. Traffic calming can be considered through the viewpoint of a traffic engineering professional and the viewpoint of a parent whose child is trying to ride bicycles in the street. He is troubled by the requirement to have at least 15% motorists speeding to qualify for traffic calming treatments. 15% equates to 1 in 7 cars. For a parent, 1 in 7 or 1 in 10 cars speeding is still too high of a risk for their child. Mr. Robertson also raised the following concerns regarding the approval process for an NTCP plan: • As many property owners in Tukwila are older, Caucasian males, the voting requirement may disenfranchise other groups that live in the affected area. • Requiring the approval of City Council as well as the Police and Fire Departments may create a conflict between staff and the Council. Councilmember Hougardy noted Appendix B (page 71 of the agenda packet), listing Level I improvements, has been removed from the draft NTCP. She indicated she would prefer to pass the resolution tonight and continue refining the NTCP at a later time. Councilmember Quinn expressed support for moving this item forward. The issues that have been raised thus far can be expedited and worked through the Committee process. He responded to Mr. Robertson's concerns as follows: • The Public Works Director has the discretion to address public safety issues outside of the NTCP process. • Using the term 'residents' rather than 'property owners' has a precedent in other legislation approved by the Council and is more aligned with the Strategic Plan. • Police and Fire staff will be able to bring their professional experience to identify challenges and opportunities. Councilmember Kruller concurred with Mr. Robertson regarding the speeding criteria. She spoke in favor of implementing something now and making amendments later. She noted the Council had previously asked that there be a "touchback" to the Council in addition to the Transportation and Infrastructure Committee. She requested that a report to the Council be included in the NTCP. She is concerned about the voting process via ballots as this has not been implemented in the City before and may not be feasible at this time. A community meeting may be more effective than voting via mailed ballots. Council President Seal offered that the Council can pass this resolution and proposed NTCP with the understanding that the Transportation and Infrastructure Committee further refines the policy in the 1st Quarter of 2019. The Council spoke in favor of making the following changes to the NTCP: • Change all references to 'property owners' to read 'residents' instead. • Clarify that the Council will receive reports via the following language: "The City Council's Transportation and Infrastructure (or successor) Committee will be kept apprised on projects both proposed and selected on a regular basis, and the City Council will be notified of the NTCP's progress and expenditures at least every six months." • Add clarifying language on page 2 of the NTCP as follows: "The Public Works Director has the discretion to move an application forward or to address any safety issues discovered outside of the NTCP process." Tukwila City Council Committee of the Whole Minutes December 10, 2018 Page 7 of 8 COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE SPECIAL MEETING CONSENT AGENDA DIRECTLY FOLLOWING THIS COMMITTEE OF THE WHOLE MEETING. REPORTS a. Mayor Mayor Ekberg reported he attended City of SeaTac Councilmember Amina Ahmed's funeral procession at the Abu Bakr Islamic Center. Governor Inslee was present and spoke eloquently of her commitment to community. b. City Council Councilmember Robertson emphasized the need to have a public discussion about climate change and what Tukwila is doing to mitigate its impacts so that it is not accused of negligence like France currently is experiencing. He referenced the "Fourth National Climate Assessment" report recently released by the federal government that concludes that low-income communities will be disproportionately impacted by climate change. He reiterated the importance of having discussions now about climate change. Councilmember Hougardy attended the annual Soundside Alliance Outlook Breakfast on December 6, 2018. James Henderson, Chief Operating Officer of Greater Seattle Partners, was one of the featured speakers and spoke about the need for inclusive, evenly -distributed growth in the region. She looks forward to engaging with Greater Seattle Partners in the future on economic development. The South County Area Transportation Board (SCATBd) legislative agenda subcommittee met in Tukwila on December 6, 2018. Of particular interest was the identification of a group that will be looking into a new airport in the region. She reported Councilmember Quinn also attended a dinner on December 6, 2018 with the Equity and Social Justice Commission. The Commission reviewed the draft Community Engagement Manager job posting, reviewed the 2019 work plan, and elected Mikkel Roeland as Chair and Bridgette Agaoa Ryder as Vice -chair. Councilmember Quinn thanked Ms. Mburu for speaking under Public Comments and attending tonight's Council meeting. Empowerment is an important characteristic to encourage in individuals. He attended City of SeaTac Councilmember Amina Ahmed's funeral service at the Abu Bakr Islamic Center. Ms. Ahmed was also an agent of empowerment. He remembers Ms. Ahmed's ability to work towards a common goal with others who may have had different viewpoints and relayed this is an example of her character and how she will be remembered. Councilmember Kruller participated in a Sound Cities Association networking dinner on December 5, 2018 where Governor Jay Inslee was in attendance for an interview. On December 8, 2018, the Tukwila Historical Society presented "Seattle Then and Now" with Paul Dorpat. Ms. Kruller reported the event was full and many members of the community were present. She also attended an Arts and Crafts fair at Foster High School held by the Future Business Leaders of America (FBLA) on December 8, 2018. Ms. Kruller attended the prayer service for City of SeaTac Councilmember Amina Ahmed on December 10, 2018 at the Abu Bakr Islamic Center. Ms. Ahmed touched and influenced many lives, both locally and across the state. Ms. Kruller relayed her favorite description of Ms. Ahmed was that she was a "strong woman." The service brought the community together and it was a powerful day full of emotion. Ms. Ahmed will be immensely missed and inspired many people. Councilmember McLeod said this is the last Council meeting this year, and Councilmembers will have opportunities to continue to build local and regional relationships. He thanked those who made this year possible, including the Council President, staff and Department Directors. He also extended thanks to the audio/visual crew and the City Clerk's Office for the work they do to assist the Council every Monday night and help get the Council's message out to residents. c. Staff David Cline, City Administrator, thanked the Council for a wonderful year. Tukwila City Council Committee of the Whole Minutes December 10, 2018 Page 8 of 8 d. Council Analyst Laurel Humphrey, Council Analyst, offered a reminder that Council meetings will resume on January 7, 2019. ADJOURNMENT 8:42 p.m. COUNCIL PRESIDENT SEAL DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. , , eal C -;) V'rna S ncil President Andy Y�Gn, Deputy City Clerk APPROVED BY THE COUNCIL PRESIDENT: January 7, 2019 AVAILABLE ON THE CITY WEBSITE: January 8, 2019