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HomeMy WebLinkAbout2006-05-08 Committee of the Whole MinutesCALL TO ORDER /PLEDGE OF ALLEGIANCE TUKWILA CITY COUNCIL May 8, 2006 7:00 p.m. Council Chambers City Hall COMMITTEE OF THE WHOLE EXECUTIVE SESSION Potential Litigation; pursuant to RCW 42.30.110(1)(i) Executive Session Began: 6:30 pm Executive Session Ended: 6:45 pm Council President, Dennis Robertson, called the meeting to order at 7:03 pm and led the audience in the Pledge of Allegiance. OFFICIALS Present were Dennis Robertson, Council President; Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Pam Linder, and Verna Griffin. ATTENDANCE Steve Mullet, Mayor; Rhonda Berry, City Administrator; Shelley Kerslake, City Attorney; David Haynes, Police Chief; Mary Miotke, IT Manager; Kevin Fuhrer, Finance Director; Jim Morrow, Public Works Director; Steve Lancaster, Community Development Director; Lynn Miranda, Senior Planner; Christy O'Flaherty, Deputy City Clerk. CITIZEN COMMENT There were no citizen comments. PUBLIC HEARING An ordinance extending the current moratorium on certain land divisions and development activities within the transit oriented development (TOD) planning area Councilmember Hernandez indicated this item was discussed at the Community Affairs and Parks Committee meeting on April 25, 2006. The committee recommends approval. This moratorium is currently in effect and needs to be extended in order for development of the Tukwila Urban Center (TUC) Plan to be completed. The work is estimated to be finished by the end of the third quarter of 2006. Council President Robertson opened the Public Hearing at 7:05 pm. Lynn Miranda, Senior Planner, explained the moratorium was put in place to preserve land available for the development or re- development of a broader mix of uses that would be more transit supportive. It is also intended to restrict uses that do not support the vision, such as industrial manufacturing and auto oriented functions. The moratorium has been modified in the past to allow more flexibility in the use of the parcels based on requests by property owners. There have been no requests for amendments since the last ordinance was adopted. The staff will bring any requests that do come forward to the Council for consideration. The current ordinance expires June 5, 2006, and it is necessary to maintain the moratorium until the TUC Plan is completed. Councilmember Hernandez indicated there has been no negative feedback regarding effects from the moratorium. This public hearing provides an opportunity for any affected property owners to offer comments regarding concerns or issues based on the moratorium. City of Tukwila City Council Committee of the Whole Minutes Councilmember Carter stated there should be clarifying language in the ordinance that it becomes effective July 1, 2006. No public comments were received. Council President Robertson closed the Public Hearing at 7:08 pm. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. SPECIAL ISSUES a. Contract for consulting services with Commercial Development Solutions (Lisa Verner) Councilmember Hernandez indicated this item was discussed at the Community Affairs and Parks Committee meeting on April 25, 2006. The committee recommends approval. Lisa Verner has been providing project management services relating to the Tukwila Valley South project since July, 2004. The contract expired on April 30, 2006, and a new contract is needed to continue these services through the end of 2006. Councilmember Haggerton indicated the expenditure required for the contract is $87,000, and the current budgeted amount is $27,000. He asked for clarification that the additional $60,000 required will be coming out of the ending fund balance. Steve Lancaster, Community Development Director, stated the required appropriation of $60,000 will be coming out of the ending fund balance. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. A Resolution adopting the 2005 Sewer System Plan update c. Discussion on Council Technology Page 2 of 7 May 8. 2006 Councilmember Haggerton indicated this item was discussed at the Utilities Committee meeting on April 18, 2006. The committee recommends approval. The City is required to update its Sewer System Plan every six years by the Department of Ecology (DOE). The last update was completed in 1999. This update was completed in December, 2005, and approved by the DOE in April, 2006. Sewer improvements are listed in the updated plan and incorporated into the City's Six -Year Capital Improvement Program (CIP). Jim Morrow, Public Works Director, conveyed that the City is required to review the conditions of the sewer system every six years. This includes looking at each drainage basin to determine operational efficiency, review of maintenance issues, and the impact of new laws to the system overall. That analysis has been included in the plan document provided to the Council. Councilmember Linder asked for clarification as to how much it costs the City to update the Sewer System Plan. Mr. Morrow stated the approximate cost is $60,000 to perform a complete study, and the expenditures come out of the sewer fund. Councilmember Carter recognized this cost is an unfunded mandate, but would like the fund source and expenditure noted on the CAS form. She also inquired as to how often the City experiences problems with sewer backups or related issues. Mr. Morrow noted there has not been a claim against the City with regard to sewer operations in seven years. He credits John Howat, Superintendent, and the crew of the Storm and Surface Water Maintenance and Operations Division, with the excellent functionality of the system. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. Councilmember Carter indicated this item was discussed at Finance and Safety Committee meetings on March 20, April 17, and May 1, 2006. Following is a summary of the discussions derived from the Finance and Safety Committee meetings, being brought forward for consideration by the full Council. City of Tukwila City Council Committee of the Whole Minutes Page 3 of 7 Mav 8. 2006 Analysis of Options 1. Purchase individual email addresses for each Councilmember: Because of the legal considerations, it was agreed the need exists to get away from Councilmembers using personal email addresses for City business. It is also considered more business -like for Councilmembers to use a City email address. The City would need to purchase additional seats (mailboxes) or GroupWise licenses to accommodate the Council's request. Consensus existed to purchase 10 GroupWise seats for Council Members. Cost impact: $1,100. 2. Purchase additional email addresses to meet the entire City's needs: The City as a whole is in need of additional seats or GroupWise licenses. The current need is for 100 additional seats, which would also accommodate the Councilmembers' request for individual email addresses. Committee agreed to forward to COW for consideration and discussion. Cost Impact: $11,000. 3. Upgrade GroupWise to the newest version, 7.x for just Councilmembers: The main user interface for Councilmembers will be the remote access portal through the Internet. This interface has only basic functionality as opposed to full functionality when accessing the system from inside the City's network. The remote access interface is very limited in use. The newest version offers sorting capabilities, HTML capability, multiple calendaring functions and greater user capabilities. Even though the purchase of new licenses would be at the newest version, activating the newest interface for just Councilmembers is not a viable option, as the entire GroupWise system software would need to be upgraded. New licenses purchased would be downgraded to use the existing version of software. Not possible; therefore, there is no cost impact. 4. Upgrade GroupWise to version 7.x for entire City staff: This is the only way the new interface would be available for Councilmembers, and the entire City staff would benefit. Committee agreed to forward to COW for consideration and discussion. Cost Impact: $18,000. 5. Preparation of policies and procedures on email usage: Additional discussion is required regarding scope of policies and procedures, to include usage limitations and prohibited uses, legal issues regarding confidential use, and communication between Councilmembers in respect to the Open Meetings Act, and other possible topics. Using the policies and procedures found during research, consensus existed for staff to begin preparation of policies and procedures on email usage, to include archiving, storage, and retention issues, and to continue research. Council President Robertson relayed that he has been using a City laptop and utilizing the Groupwise 5.5 remote portal, through a web browser, to access email. He also downloaded documentation regarding Groupwise version 7.x, which outlines features and enhancements that would be beneficial to the City. Use of the remote portal can be cumbersome, and he is in favor of upgrading to the newest version of Groupwise to provide a greater degree of overall efficiency and ease of training for the Councilmembers. Chuck Parrish, 14120 34` Place South, Planning Commission member, stated that similar liabilities exist for planning commissioners with regard to email issues. He suggested the Council consider inclusion of planning commissioners in the discussion regarding City email addresses. Mary Miotke, IT Manager, indicated the purchase of a block of 100 additional seats or Groupwise licenses would be very beneficial to the City staff. She also stated that an evaluation would be needed to determine if City email addresses should be provided to boards and commissioners. Discussion ensued among the Councilmembers regarding the need for City email addresses; the number of licenses to be purchased; the need for policies and procedures; and budgeting issues regarding the upgrade to the most current version of Groupwise. The Councilmembers determined that individual City email addresses should be provided to each Councilmember. Councilmember Carter suggested there should also be a "common box" for use by members of the public that will route one email to each of the seven Councilmembers. The Councilmembers also conveyed the necessity of purchasing 100 additional seats or Groupwise licenses for approximately $11,000 total. The additional licenses would also be beneficial to City staff. The Councilmembers would also like to upgrade to Groupwise 7.x, for an approximate cost of $18,000. Mayor Mullet stated he would work with the Finance Director to review the budget for possible funding sources and acquisition of Groupwise 7.x in 2006. Council President Robertson addressed the issue of the potential liability involved when Councilmembers conduct City business on their personal computers. It is possible that the personal computer of a City of Tukwila City Council Committee of the Whole Minutes Page 4 of 7 Mav 8. 2006 Councilmember, used to conduct City business, could be taken as part of a legal discovery proceeding. After a meeting with Shelley Kerslake, City Attorney, he was provided information that may alleviate some of the risks. Creation of a single folder on a personal computer for City related business would provide a higher degree of protection against "the entire computer" being taken as part of a legal discovery process. Shelley Kerslake, City Attorney, conveyed that guidance from the State Attorney General's Office regarding use of this process, with respect to public disclosure issues, would place the City in a more secure position. However, there is no guarantee the personal computer of an elected official could not be subpoenaed. Council President Robertson stated this new information could alleviate the need for the Councilmembers to have City laptops or other hardware devices. Councilmembers could continue to use their personal computers, but with policies in place, to adhere to the process outlined by the City Attorney. Councilmember Carter indicated the Finance and Safety Committee has provided direction to the staff to begin formulating policies and procedures for use by the Council for email and electronic records. COUNCIL CONSENSUS EXISTED TO REQUEST THE MAYOR'S OFFICE TO REVIEW THE BUDGET FOR POSSIBLE 2006 FUNDING SOURCES FOR: INDIVIDUAL EMAIL ADDRESSES FOR THE COUNCILMEMBERS ACQUISITION OF 100 ADDITIONAL GROUPWISE LICENSES FOR APPROXIMATELY $11,000 UPGRADE TO GROUPWISE 7.X FOR APPROXIMATELY $18,000 Dave Fenton, 14201 42 Avenue South, asked if City email exchanged between Councilmembers would be on a City server. Mary Miotke, IT Manager, confirmed that the email messages would reside on a City server. Mr. Fenton also inquired if new policies and procedures on this issue would be adopted as part of the TMC. Council President Robertson indicated additional review is required before that can be determined. d. Discussion on possible revision to Code of Ethics Councilmember Carter indicated this item was discussed at the Finance and Safety Committee meeting on April 3, 2006. The City Attorney provided the Committee options for possible revisions to the Code of Ethics. The Committee members discussed the various options and requested that an additional, Option C, be included for consideration by the full Council. The Committee felt Option C accomplished the goal of having the Council informed, yet protecting those who may be the subject of spurious complaints. If a violation has occurred, there would be a public record of it making the process more transparent and accessible to the public. The City Attorney provided an informational memo in the agenda packet, including an Option C, for consideration by the full Council. The Councilmembers focused their discussion on Option A.2 and Option C outlined below: CURRENT ETHICS CODE The current Ethics Code treats complaints against elected /appointed officials in the same manner that employee complaints are handled. A complaint is filed with the Mayor or City Attorney. The Mayor designates an individual to conduct an investigation. If the complaint is against the Mayor, it is forwarded to the City Attorney for designation of an investigator. The investigator prepares written findings and conclusions, which are forwarded to the Mayor or City Attorney. The Mayor or City Attorney shall prepare a written disposition of the complaint; a copy of which is sent to the complaining party and to the investigator. The party complained against may appeal the disposition to the hearing examiner. OPTION A Ethics complaints regarding elected officials /board members are directed to the City Attorney. The City Attorney's office will select an outside investigator. The person selected will conduct a full investigation of the complaint and make a recommendation regarding whether a violation of the Ethics Code has occurred. This recommendation will be forwarded along with the investigative report to the City Council. In its discretion, the Council may render its decision based upon the findings and recommendations of the investigator (the complained- against party must recuse him /herself from the proceedings). City of Tukwila City Council Committee of the Whole Minutes -The City Council may take any of the following actions by a majority vote of the Council: Dismissal of charge Admonition. An Admonition shall be a verbal, nonpublic statement approved by the City Council and made by the Council President or his or her designee, to the individual Reprimand. A reprimand shall be administered to the individual via a resolution of the City Council Removal of the member from appointed boards and committees In the case of appointed board members, removal from the position If appealed, the City's Hearing Examiner would hold the appeal hearing. OPTION A.1 The same process outlined in Option A would be followed with the exception of a hearing occurring at the Council level. Rather than the City Council basing its decision on the investigation and the recommendation of the investigator, the City Council would hold an evidentiary hearing, acting as a judge presiding over a trial. At the conclusion of the hearing, the Council would have the same options as outlined in Option A. OPTION A.2 -The same process outlined in Option A would be followed except the Council's jurisdiction would only extend to Councilmembers and appointed board members. -In cases where the complaint is against the Mayor, the process outlined in the current Ethics Code would be followed, only, at the time a recommended disposition was made, that recommendation would be forwarded to the Council for informational purposes only. Similarly, any outcome of a hearing examiner proceeding would be forwarded to the Council for informational purposes only. OPTION B Involves creation of a Board of Ethics and was not considered by the Council in this discussion. Page 5 of 7 Mav 8. 2006 OPTION C The process that is in the current code would be utilized with additional language added regarding Council notification. Upon receipt of a complaint about an elected official, the City Attorney will send a confidential memo to Councilmembers informing them of the complaint. The investigation and adjudication process will proceed as outlined in the current code. Upon a finding by the Mayor or City Attorney, as appropriate, another memo will be sent to the Council. If the complaint is not sustained, then the memo will be a confidential memo from the City Attorney. If the complaint is found to be valid, then the findings and conclusions are placed on the Council agenda for information purposes only. Discussion ensued among the Councilmembers regarding the content of Option A.2 and Option C. Primary issues of consideration involved notification when an ethics issue arises with regard to who, when and how information is disseminated; concern that ethics code violations be transparent to the public; the desire for a process that invokes trust among the citizenry; and whether the Mayor or Councilmembers make the determination (after an investigation) if an ethics violation has occurred. There was concern from some of the Councilmembers about making a change to the Code that would allow unsubstantiated accusations to be made public. It was felt this could be mis -used, possibly during an election year, for political gain. However, other members of the Council felt that any charges regarding a possible ethics violation should be made public from the initiation of the complaint and prior to an investigation. Anna Bernhard, 14241 59 Avenue South, stated she has been attending Council meetings for many years, and in the past, there have been unpleasant interactions at the meetings. She stated that if she were on the Council and had been accused of something, she would want the issue to become public. This would allow rumors to be put to rest and innocence to be made known in a public forum. City of Tukwila City Council Committee of the Whole Minutes Page 6 of 7 Mav 8. 2006 Chuck Parrish, 14120 34 Place South, stated it is important to have a process that is both fair and serves the public interest. He indicated the public has a right to know in the event a public official has been accused of something that passes the "smell test." The Councilmembers also considered the issue of whether the Mayor or the City Council should be the decision maker with regard to rendering a decision on an ethics charge (against a Councilmember) after an investigation has been conducted. Some of the Councilmembers felt the Mayor was the appropriate individual to make that determination, to avoid members of the Council passing judgment over another member. Others felt the Council, as a body, should make the decision after an investigation has been conducted. Councilmember Carter asked the City Attorney if the Council was making the determination and reviewing the investigative report, would that be conducted at a public meeting. Shelley Kerslake, City Attorney, said it would occur at a Council meeting. The way it is proposed in Option A is that the investigator's report and conclusions would come to the Council, as a body, for discussion, and then a vote would be taken as to whether a violation occurred. Councilmember Carter inquired if this would require the hiring of additional counsel. Ms. Kerslake said it would require the hiring of outside counsel to advise the Councilmembers on how to proceed through the process. Dave Fenton, 14201 42 Avenue South, asked the Council to consider a situation in which an employee group, such as the Police Guild, makes an ethics complaint against a Councilmember during an election year, while endorsing the opposing candidate. Councilmember Haggerton offered the following changes to Option C. He suggested that when an ethics complaint is filed that it be made public at a Council meeting as well as the pursuant investigation results. Regardless of whether or not the claim is substantiated, the issue would come to a Council meeting. If a claim is substantiated, the Mayor or City Attorney would render a decision based on the findings and recommendations of the investigator. COUNCIL CONSENSUS EXISTED TO DIRECT THE CITY ATTORNEY TO PROVIDE TWO OPTIONS FOR CONSIDERATION AT THE JUNE 5, 2006 REGULAR MEETING: (1) OPTION C AS PRESENTED IN THE INFORMATION MEMO FROM THE CITY ATTORNEY DATED MAY 1, 2006 (2) A MODIFIED OPTION C WITH AMENDMENTS TO INCLUDE THAT WHEN AN ETHICS COMPLAINT IS FILED THAT IT BE MADE PUBLIC AT A COUNCIL MEETING AS WELL AS THE PURSUANT INVESTIGATION RESULTS. REGARDLESS OF WHETHER OR NOT THE CLAIM IS SUBSTANTIATED, THE ISSUE WOULD COME TO A COUNCIL MEETING. IF A CLAIM IS SUBSTANTIATED, THE MAYOR OR CITY ATTORNEY WOULD RENDER A DECISION BASED ON THE FINDINGS AND RECOMMENDATIONS OF THE INVESTIGATOR. REPORTS a. Mayor Mayor Mullet stated the Special Recycling Event will be held on May 20, 2006 at the Farmer's Market Site on the corner of South 144 Street and 41 Avenue South. The City's Spring Cleanup event will be from May 19 -May 29, 2006. The Mayor will be participating in a phone conference with other municipalities on May 9, 2006 regarding TCSC (Tukwila Community Schools Collaboration). Tukwila was selected as a participant along with the cities of Chicago, Cincinnati, and Pittsburgh. b. Council Councilmember Duffie indicated he received a citizen complaint regarding people living under the 599 bridge near the Tukwila Community Center. Councilmember Hernandez indicated she attended the Tukwila Government Affairs Committee meeting on May 2, 2006. She also attended the National Day of Prayer event and the Equity and Diversity Committee meeting on May 4, 2006. A Latino task force gave a presentation at the Equity and Diversity Committee that was very well done and informative. City of Tukwila City Council Committee of the Whole Minutes Councilmember Carter has been appointed by the Governor to the Traffic Safety Committee. She has just returned from the NLC Risk Information Sharing Consortium Conference in Monterey, California. Next week she will be attending the Transportation Policy Board meeting and the Destination 2030 work group. She referenced a report from NLC regarding Initiative 933 on property rights, and this will have an impact on the City. AWC has hired the firm of Foster Pepper to do an analysis of the potential impacts on local jurisdictions. She also distributed a handout from AWC regarding "10 tips for cities in litigation." Councilmember Haggerton worked this past week on the telecommunications issue which will be going forward for a vote in the House of Representatives in the near future. The Telecommunications Act is expected to move through the House and Senate and be signed in the White House this year. Passage of this bill will have a negative effect on Tukwila. On May 9, 2006, he will be attending a meeting to finalize the documentation on the Cascade Water Alliance bond issue. Councilmember Linder indicated the Backyard Wildlife Habitat Festival will be May 13, 2006. At 10:00 am there will be a wildlife costume parade that includes unicyclists in orca hats. Ms Linder will be speaking on KUOW radio on May 9, 2006 at 10:40 am to promote the event. Councilmember Griffin attended the Equity and Diversity Committee meeting on May 4, 2006. The Latino task force that came to the meeting is comprised of Latino mothers who are trying to assist their children in school by working through language barrier issues. They are reaching out to local groups to acquire assistance in formulating an action plan. Council President Robertson indicated he will be attending a meeting on May 9, 2006 to provide ideas on the best expenditure of lodging tax dollars that derive from tourism related functions. The Lodging Tax Advisory Committee (LTAC) will have a brainstorming meeting on the best use of a surplus of approximately $600,000. Any decisions made by the LTAC will be brought back to the full Council for consideration. Mr. Robertson indicated the individual selected for the Council Assistant position has been provided a final offer of employment. Diane Jenkins has excellent qualifications and references and is scheduled to begin on June 1, 2006. c. Staff Rhonda Berry, City Administrator, reminded the Council of the Westfield Groundbreaking Ceremony on May 11, 2006 at 9:00 am near the Sears store. d. City Attorney The City Attorney had no report. MISCELLANEOUS Councilmember Duffie thanked the Mayor for his support for the National Day of Prayer. ADJOURNMENT 9:43 p.m. COUNCIL PRESIDENT ROBERTSON DECLARED THE MEETING ADJOURNED Christy O'Flahe Dennis Robertson, Council President ,7 Deputy City Clerk Page 7 of 7 Mav 8. 2006