06/02/2015 City CouncilEDMONDS CITY COUNCIL DRAFT MINUTES
June 2, 2015
The Edmonds City Council meeting was called to order at 6:00 p.m. by Mayor Earling in the Council
Chambers, 250 5f' Avenue North, Edmonds.
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor
Adrienne Fraley-Monillas, Council President
Kristiana Johnson, Councilmember
Lora Petso, Councilmember
Joan Bloom, Councilmember
Thomas Mesaros, Councilmember
Michael Nelson, Councilmember
ELECTED OFFICIALS ABSENT
Diane Buckshnis, Councilmember
ALSO PRESENT
Noushyal Eslami, Student Representative
STAFF PRESENT
Al Compaan, Police Chief
Jim Lawless, Assistant Police Chief
Don Anderson, Assistant Police Chief
Mark Froland, Police Corporal
Phil Williams, Public Works Director
Carrie Hite, Parks, Rec. & Cult. Serv. Dir.
Scott James, Finance Director
Shane Hope, Development Services Director
Kernen Lien, Senior Planner
Frances Chapin, Arts & Culture Program Mgr.
Sharon Cates, City Attorney
Scott Passey, City Clerk
Jerrie Bevington, Camera Operator
Jeannie Dines, Recorder
SPECIAL MEETING
1. CONVENE IN EXECUTIVE SESSION TO DISCUSS A REAL ESTATE MATTER PER RCW
42.30.110(1)(b)
At 6:00 p.m., Mayor Earling announced that the City Council would meet in executive session to discuss
a real estate matter per RCW 42.30.110(1)(b). He stated that the executive session was scheduled to last
approximately 60 minutes and would be held in the Jury Meeting Room, located in the Public Safety
Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials
present at the executive session were: Mayor Earling, and Councilmembers Johnson, Fraley-Monillas,
Petso, Bloom, Mesaros and Nelson. Others present were City Attorney Sharon Cates, Finance Director
Scott James, Parks & Recreation Director Carrie Hite, Economic Development & Community Services
Director Patrick Doherty, and City Clerk Scott Passey. The executive session concluded at 7:00 p.m.
Mayor Earling reconvened the regular City Council meeting at 7:02 p.m. and led the flag salute.
BUSINESS MEETING
2. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present with the exception of
Councilmember Buckshnis.
3. APPROVAL OF AGENDA
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COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
PETSO, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED
UNANIMOUSLY.
4. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY-
MONILLAS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY.
The agenda items approved are as follows:
A. APPROVAL OF DRAFT CITY COUNCIL MEETING MINUTES OF MAY 26, 2015
B. APPROVAL OF CLAIM CHECKS #214466 THROUGH #214553 DATED MAY 28, 2015
FOR $254,357.04
C. RESOLUTION THANKING NOUSITYAR P. ESLAMI FOR HIS SERVICE AS A
STUDENT REPRESENTATIVE
D. AUTHORIZATION FOR MAYOR TO SIGN ATM CONCESSION AGREEMENT AT
FRANCES ANDERSON CENTER
E. APPROVE MANAGEMENT RESERVE FOR THE 2015 SANITARY SEWER
REPLACEMENT PROJECT
F. APPROVE QUIT CLAIM DEED FOR 23727 104TH AVE W FOR THE 238TH ST.
WALKWAY PROJECT
5. PRESENTATION OF RESOLUTION AND PLAQUE TO NOUSITYAR P. ESLAMI STUDENT
REPRESENTATIVE
Council President Fraley-Monillas read Resolution No. 1335 thanking Noushyar P. Eslami for his service
as Student Representative to the Edmonds City Council from September 2, 2014 to June 2, 2015.
Mr. Eslami thanked the Council for this amazing opportunity. He said it had been great to see how
government worked from the inside and he had learned a great deal from the experience that he would
apply to his life moving forward.
6. MUSIC4LIFE MONTH PROCLAMATION
Mayor Earling commented he has a music background, including teaching college instrumental music for
11 years. He read a proclamation declaring June as Music4Life Month in Edmonds and encouraging all
citizens to donate any lovingly used musical instruments they may have to Music4Life.org and show what
financial support they can to this fine home-grown organization. He presented the proclamation to Dr.
Chelsea Tripp, President of Edmonds Music4Life.
Dr. Tripp said the goal was to increase exposure to Music4Life in Edmonds. The Edmonds Music4Life
chapter, started a year ago, continues to gather new instruments, add new board members, do fundraising
to repair instruments and they have a new partner to repair instruments. Edmonds Center for the Arts is
one of their donation stations. She summarized they have great connections, but need instruments to come
out of storage and into the hands of children. She welcomed any instrument donations.
7. OATH OF OFFICE CEREMONY FOR POLICE CORPORAL MARK FROLAND
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Police Chief Al Compaan commented this is an opportunity to celebrate the achievement of a Police
Department member. He commented an oath is an important public recognition of personal achievement
and a personal pledge to the highest legal, ethical and professional standards critical to the law
enforcement mission. He described Corporal Froland's 25 years of law enforcement experience. He began
his career at the Lynnwood Police Department, working there from 1990 to 1997. He was a school
resource officer, assigned to the South Snohomish County Narcotics Task Force, and worked in the proac
unit. He then spent 8 years at the Bellevue Police Department, achieving the rank of corporal. While at
Bellevue, he was a proac plain clothes detective focusing on motor vehicle theft, spent two years as
training coordinator, worked as a tac officer and instructor at the Washington State Criminal Justice
Training Commission working primarily with the Washington Police Corp group.
Corporal Froland has been with the Edmonds Police Department December 2005, assigned to the street
crimes unit, completed a temporary assignment as a narcotics detective and has been assigned to the
detective unit since January 2015. He has also completed assignments as a background investigator,
hostage negotiator and dive team member. He has been on the SWAT teams for Bellevue and Lynnwood
and has been an EVOC instructor in Bellevue and Edmonds and a field training officer for new officers in
all three departments. Corporal Froland introduced his wife, Brenda, and his three daughters, Rachel,
Madison and Ashton.
Chief Compaan administered the oath of office to Corporal Froland, pinned his badge and presented him
a framed Certificate of Promotion. Chief Compaan announced Corporal Froland will be assigned as a
corporal to the detective unit.
Corporal Froland thanked the department for the promotion and said it was an honor to be in this
profession. He grew up in Edmonds and always wanted to be a police officer. He had a great experience
working for Lynnwood and Bellevue but wanted to come back to Edmonds. Having been in other
departments, he said Edmonds is a fantastic city, community and police department and it is an honor to
serve here. He has gotten to do everything he wanted to do in his career and to be able to continue to
serve in this community and for this department is a privilege.
Numerous police personnel and cadets were present in the audience.
8. AUDIENCE COMMENTS
Bob Sears, Edmonds, said last Friday he and his partner wanted to take advantage of the view of the
gorgeous sunset from Sunset Avenue. They knew it be would be crowed and a lot of the parking is no
longer available. When they arrived, it was very crowded and no legal or illegal parking was available
from Main Street to Caspers but they enjoyed watching a beautiful sunset with hundreds of others.
Apparently one of the homeowners was displeased because two police cars were dispatched to disperse
those parked in the no parking zones; unattended cars were given parking tickets. What started out to be a
wonderful Edmonds experience turned into a sad and unfortunate event to witness. He encouraged the
City to restore parking at the north end of Sunset Avenue.
Roger Hertrich, Edmonds, thanked the approximately 175 people who attended last week's Planning
Board meeting. He referred to the Mayor's comments in the newspaper where he said it was great effort
by the Planning Board but the proposal was overreaching. Mr. Hertrich said the excitement in the
community was due to a small board that decided to develop rules without understanding how citizens
feel. Councilmembers are elected and represent the citizens; boards make decisions that do not reflect
citizens' interests. Nearly 100% of those in attendance were opposed to the tree ordinance. Next, he
referred to the Edmonds School Board's decision to use crumb rubber for the ball fields even though
many citizens have expressed health concerns health with crumb rubber. He recommended the Parks &
Recreation Director be directed to tell the School Board not to use crumb rubber on the fields. He opined
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the School Board does not listen to the people and makes their decisions without regard to the health of
citizens.
9. PUBLIC HEARING ON AN INTERIM ORDINANCE AMENDING TITLE 20 ECDC TO DEEM A
DEVELOPMENT APPLICATION WITHDRAWN IF AN IRRECONCILABLE APPLICATION IS
SUBMITTED LATER
Senior Planner Kemen Lien provided background on Interim Ordinance 3992:
• Passed by City Council on March 17, 2015 as an emergency ordinance
• RCW 36.70A.390 requires a public hearing within 60 days and adoption of Findings of Fact
o Due to an oversight, 77 days have elapsed since March 17
■ The City has taken steps to ensure that does not happen again
■ The City Attorney felt there was no substantive effect of missing the 60 day timeline and
should not affect the validity of the ordinance
■ No applications have been received within the 60 days
• Interim ordinance is effective for six months
He described irreconcilable applications:
• Cannot have two active applications on the same property that are in conflict with each other
If a second application is made that is on the same property as a previous application and the two
projects have locations or features that would be "irreconcilable," the first application would be
deemed withdrawn and will not be process further.
Mr. Lien provided irreconcilable examples:
• Applicant submits an application for a four -lot short plat on a particular property. Subsequently,
another application is submitted for a three -lot short plat on the same property. Assuming there is
not enough land for seven lots, the two applications are irreconcilable because one could not
construct both short plats. Hence, the four -lot short plat is deemed withdrawn.
• Applicant submits a design review application for a twenty -unit multi -family housing
development. Subsequently, another design review application is submitted for a thirty -unit
multi -family housing development whose footprint would substantially overlap with the footprint
of the structure shown for the twenty -unit application. Because both structures would occupy
substantially the same space, they are irreconcilable and the twenty -unit application would be
deemed withdrawn.
He described inconsistent examples:
• Applicant submits an application for a four -lot short plat on a particularly property. Subsequently
a building permit application is submitted for a single-family home, the footprint of which would
encroach into the setbacks as measured from the proposed short plat lot lines. Because the
building permit application could be corrected to properly locate the footprint, the applications
are reconcilable and do not effect a withdrawal of the short plat application.
• Applicant submits a landscape plan that is inconsistent in an insignificant way with civil site -
improvement plans that are submitted for the same property. If the two sets of plans can be
reconciled by submitting a corrected version of at least one of the two plans, then City staff would
seek corrections and withdrawal would not be deemed to occur.
The ordinance also addresses resubmission after denial:
• Existing code language
o Moved from Chapter 20.07 ECDC — closed Record Reviews to Chapter 20.02 ECDC —
Development Project Permit Applications
o Cannot resubmit an application within 12 months unless there has been a significant change
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Mr. Lien relayed staff s recommendation to adopt the resolution included as Attachment 2 that contains
findings for the interim ordinance.
Mayor Earling opened the public participation portion of the public hearing.
With the agreement of the Council, Councilmember Bloom read an email from Ken Reidy, Edmonds,
Ordinance No. 3992 specifically mentions RCW 35A.12.130 related to whether it was the public health,
public safety, public property or the public peace that needed to be protected via an emergency ordinance
and language in the ordinance. He questioned why Ordinance No. 3992 had to be an emergency ordinance
especially when the ordinance starts by stating that Washington courts have stated that land use
applications are subject to the legal doctrine of res judicata which affords every party one, but not more
than one, fair adjudication of his her application. One of the examples of irreconcilable applications
mentioned in Ordinance No. 3992 is the following: Applicant submits an application for a four -lot short
plat on a particular property. Subsequently, another application is submitted for a three -lot short plat on
the same property. Assuming there is not enough land for seven lots, the two applications are
irreconcilable because one could not construct both short plats. Hence, the four -lot short plat is deemed
withdrawn. Mr. Reidy referred to this situation in his own neighborhood; in that case the City told the
applicant in a letter dated February 2, 2009, "The City obviously cannot simultaneously process much
less approve two fundamentally different subdivision proposals for the same property. Likewise the City
cannot allow construction to proceed under a right-of-way permit where the plat application upon which it
is based has been abandoned or otherwise superseded by a subsequent proposal." He asked, if the City
was aware of these issues back in early 2009, why wasn't something like Ordinance No. 3992 passed long
ago if it was necessary to protect the public health, safety and welfare.
Mr. Lien said he did not have an answer to why nothing was adopted since 2009. Adopting the ordinance
now provides certainty for the City and applicant in these types of circumstances. Councilmember Bloom
asked why Ordinance No. 3992 had to be an emergency ordinance, especially when the ordinance states
the Washington courts have stated that land use applications are subject to the legal doctrine of res
judicata which affords every part one, but not more than one, fair adjudication of his her application. With
regard to the reason for an emergency ordinance, Development Services Director Shane Hope said
typically an ordinance goes through the Planning Board and other public notice. When an issue arises that
is important to address prior to that process, the Council has the option under state law of adopting an
emergency ordinance, interim ordinance or moratorium. It should not be done regularly or lightly but on
occasion when the City believes there is a reason or needs to protect itself from a certain situation it can
take those steps, avoiding the normal longer process of adopting an ordinance.
Hearing no further public testimony, Mayor Earling closed the public participation portion of the public
hearing.
If the City was aware of these issues in 2009, Councilmember Bloom asked why an ordinance was not
passed at that time to protect the public health and safety. Ms. Hope referred to Mr. Lien's response, that
the City was not previously aware that there was an issue and when it became aware more recently, an
ordinance was proposed to make it clearer.
COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
PETSO, TO APPROVE RESOLUTION 1336, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS OF FACT IN SUPPORT OF
THE ADOPTION OF INTERIM ORDINANCE 3992, WHICH CLARIFIED THE EFFECT OF AN
APPLICANT SUBMITTING AN APPLICATION THAT CANNOT BE RECONCILED WITH A
PREVIOUSLY SUBMITTED APPLICATION ON THE SAME PROPERTY.
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Councilmember Bloom said she will abstain from the vote because she was very concerned this was not
brought to the Council before the 60 day deadline. She understood those questions were answered in an
email today but the ordinance states an interim ordinance can be approved as long as a hearing is held
within 60 days.
Council President Fraley-Monillas acknowledged errors were made but Ms. Hope is immediately putting
procedures in place to avoid it occurring in future. As it served no purpose to vote against the motion, she
will support it.
MOTION CARRIED (5-0-1), COUNCILMEMBER BLOOM ABSTAINING.
10. DISCUSSION AND POTENTIAL ACTION REGARDING DRAFT CODE OF ETHICS,
ATTACHMENT 16. REVIEW OF OPTIONS A, B, C AND D
Council President Fraley-Monillas commented the Council has discussed this in great detail for a long
period of time and Councilmembers have made their views fairly clear.
COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
JOHNSON, TO APPROVE ATTACHMENT 13.
Council President Fraley-Monillas viewed this as a good starting point as the Council has not previously
had a code of ethics. She read the purpose paragraph, "The purpose of the Edmonds Code of Ethics is to
strengthen the quality of government through ethical principles which shall govern the conduct of elected
officials and appointed citizen volunteers serving in an official capacity." She disagreed with including
staff in the code of ethics because the personnel policy includes a code of ethics for them.
Councilmember Bloom said she was shocked by Council President Fraley-Monillas' action. The Council
has had many discussions and she appealed to Council President Fraley-Monillas to allow her and
Councilmember Buckshnis to work on the code of ethics. They developed a draft code of ethics that is
much stronger and there are four items for review. She worked on this for two years in the Personnel
Committee and will absolutely not support the motion as she wants the Council to review the final draft
that she and Councilmember Buckshnis developed after a great deal of work.
Councilmember Petso raised a point of order, stating the motion made by Council President Fraley-
Monillas did not appear to be germane to the agenda item, Discussion of Attachment 16, Review of
Options A, B, C and D.
Council President Fraley-Monillas said Councilmember Buckshnis was not able to be here due to family
reasons. She read an email from Councilmember Buckshnis, "The Council President knows my opinion
about the code of ethics and my position on that. Just because my name's on the agenda memo and I
assisted Ms. Bloom in trying to add more data and pattern it after the Shoreline Code of Ethics, I've
always been of the opinion to start small and I liked what both Mr. Peterson and Ms. Monillas put forth.
So let's march on."
Councilmember Petso requested a ruling on her point of order, that the motion was out of order. Mayor
Earling ruled that was not correct. This is an opportunity for discussion. If the motion is defeated, the
floor can be opened again. Councilmember Petso said her point of order was that the motion made was
not an item on the agenda. Mayor Earling said the title refers to potential action and discussion; both are
being addressed via the motion and opportunity for discussion.
Councilmember Bloom read the subject title from the agenda memo that Councilmember Petso is
referencing, "Discussion and Potential Action Regarding Draft Code of Ethics, Attachment 16. Review of
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Options A, B, C and D." She said Council President Fraley-Monillas moved attachment 13 which is
completely unrelated to the subject title and the recommendation. There has been no opportunity to
review Attachment 16 and options A, B, C and D. She agreed the motion was completely out of order.
Council President Fraley-Monillas said Attachment 16 has been part of packet for at least 3 Council
meetings and is not new information. The reason she moved to approve Attachment 13 is because she
rejects Attachment 16. If Councilmembers did not like Attachment 13, she respected that and
Councilmembers were welcome to vote against the motion. If the motion fails, discussion can commence
on Attachment 16. She felt Attachment 16 was not in the best interest of the City or the citizens.
Councilmember Petso said she was very surprised. Although she was not previously inclined to vote in
favor of a code of ethics, after speaking with Councilmember Bloom today for about 30 minutes, she had
concluded she probably would vote in favor of a code of ethics. What surprised her most was the Council
President, who has the authority to determine the agenda title, chose to make a motion at odds with the
agenda title. Councilmember Petso said she studied Attachment 16, not Attachment 13.
COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO
APPEAL THE RULING OF THE CHAIR. MOTION FAILED (2-4), COUNCILMEMBERS PETSO
AND BLOOM VOTING YES.
Councilmember Bloom said this was appalling to her. She disagreed with Council President Fraley-
Monillas' statement that this has been on the agenda multiple times; the Council has never discussed
Attachment 16 or reviewed options A, B, C and D. The Council is not being given an opportunity to
discuss Attachment 16 and is being asked to vote on what has been discussed in the past which she
objected to moving forward with due to her interest in the code of ethics being more inclusive. Council
President Fraley-Monillas she disagreed with Attachment 16 and chose to move forward with Attachment
13. If Councilmembers want to reject Attachment 13 and discuss Attachment 16, it will be reflected in
their vote on the motion.
MOTION CARRIED (5-1), COUNCILMEMBER BLOOM VOTING NO.
(Councilmember Bloom left the meeting at 7:47 p.m.)
11. LOAN OF ARTWORK FROM CITY PUBLIC ART COLLECTION TO CASCADIA ART
MUSEUM
Arts & Culture Program Manager Frances Chapin explained this is a request for the loan of a significant
painting in the City's collection to be displayed at the new Cascadia Museum that is opening in
September. The loan agreement was prepared by the City Attorney. She identified the painting on display
in Council Chambers, "Two Workmen" by Guy Anderson, painted in 1960. The Council Chambers
location was selected because the painting requires a secure site with some visibility to the public. The
Arts Commission was delighted when a request was received to loan the painting because it is truly one of
the stellar works in the City's public art collection, particularly significant because Guy Anderson was
once a resident of Edmonds. The Arts Commission recommends the City Council approve the one-year
loan, an opportunity to show the paining to a much broader audience than it receives in City Council
Chambers.
Councilmember Mesaros asked how the City acquired the painting. Ms. Chapin said the painting was a
gift to the City from the Yost family in the 1960s. It hung in the public library for many years but that was
not a very secure location.
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Councilmember Petso referred to the effort to have items receive two touches by Council; she asked
whether this had previously been before the Council. Ms. Chapin answered it had not. She consulted with
Council President Fraley-Monillas and emailed Councilmembers regarding the request approximately a
month ago so that any questions could be addressed. Council President Fraley-Monillas said the intent
was to discuss it tonight and schedule it on next week's Consent Agenda. Ms. Chapin remarked there is
plenty of time to address any questions before the loan takes place.
For Council President Fraley-Monillas, Ms. Chapin said Cascadia Museum will provide insurance from
the time they pick up the painting until it is returned to this site and they are responsible for
transportation. Council President Fraley-Monillas relayed she did not want the City to incur any cost as a
result of the loan. Ms. Chapin agreed there would be no cost to the City.
COUNCILMEMBER PETSO MOVED, SECONDED BY NELSON, TO PUT THIS ON CONSENT
FOR NEXT WEEK. MOTION CARRIED UNANIMOUSLY. (Councilmember Bloom was not
present for the vote.)
13. PUBLIC DEFENDER SERVICES UPDATE AND CONTRACT AMENDMENT
Parks & Recreation/Human Resources Reporting Director Carrie Hite recalled Council gave direction to
staff in December 2014 to secure the services of Eileen Farley, an attorney who worked for the cities of
Mount Vernon and Burlington, to ensure their compliance with new public defense laws passed in 2012.
Ms. Farley reviewed the City's RFQ process and the contract with Feldman and Lee, the City's current
public defender, and recommended amendments to the current contract with Feldman and Lee. Ms. Farley
felt the City currently did not request enough information from Feldman and Lee to ensure defendants are
being adequately defended. The five areas of her recommendation include, a) data to be provided, b)
contract terms such as keeping notes on the processes with each client in the event a question arises
regarding whether a client was defended appropriately or adequately, c) complaint process including that
any unresolved complaints come to a designated person in the City and making defendants aware a
complaint process is available, d) responsibility for client files such as keeping them locked and secured,
and e) scope of work including the number of cases in which the public defense firm can expect to
provide representation or a mechanism for addressing dramatic increases in filings.
Ms. Hite said she worked with Sharon Cates, Lighthouse Law Group, to draft the contract amendment
and Ms. Cates has also reviewed the RFQ process recommended by Ms. Farley. She requested Council
discuss the recommended contract amendment and forward it for approval on next week's Consent
Agenda. Next steps include an RFQ for a competitive process to hire a public defender firm, a process
staff promised when presenting to Council in 2014. The intent is to send out the RFQ during the next
week. The City could select Feldman and Lee but the City has not gone through a competitive process for
some time. A third step will be to hire a contract person to oversee the reports provided by Feldman and
Lee to ensure compliance with the adequate defense law.
Councilmember Mesaros said he was glad to hear about a compliance officer to review Feldman and
Lee's work. He asked who the public defender reports to at the City. Ms. Hite answered the public
defender reports to the Mayor or the Mayor's disagree; reports are submitted to the Mayor and her. The
purpose of hiring a compliance officer to review the reports is to bring a knowledge base to ensure
adequate defense service is being provided.
Councilmember Mesaros suggested also establishing a performance evaluation process similar to the city
attorney. He felt the feedback had been helpful for the city attorney and provided a structure for good
communication. Ms. Hite said Ms. Farley recommended a qualified review panel assist in the selection
process of a public defense firm. She will add an evaluation process.
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Councilmember Nelson referred to the request for reports from the contractor such as data requests,
specifically the number of pending trials, number of substantive motions on a particular case, number of
hours spent by the attorney on a particularly case, use of investigators, etc. He asked whether those were
based on a standard or could questions arise regarding the numbers. Ms. Hite said since the law was
passed in Washington, the criteria for evaluating whether services are adequately defending a defendant is
evolving and information is being collected throughout the state to create criteria. Ms. Farley incorporated
that into Mount Vernon and Burlington's procedures and the Office of Defense recommends that data be
collected and looked at analytically.
Councilmember Petso asked whether this was the first time the Council has seen this report. Ms. Hite
answered yes. She was not requesting action tonight; she was hoping Council could get answers to their
questions and schedule it for approval on next week's Consent Agenda.
Councilmember Petso asked where the assumed caseload of 600-650 came from. Ms. Hite answered that
was the current caseload and what was defined in the Feldman and Lee contract but was not capped in the
contract. Ms. Farley recommended defining the caseload and they should be compensated for anything
above that. For example, if Feldman and Lee defends 800 cases, there currently is no mechanism for them
to provide adequate staffing for 800 cases unless it is built into the contract. Councilmember Petso
assumed the provision that was built into the contract was the $333. She asked how that amount was
determined. City Attorney Sharon Cates answered Feldman and Lee has a $20,000/month fee. When
asked how that number was determined she was told they divided their caseload of 720 by their annual
amount. She told him that amount was actual be in excess of $400 and he said leave it at $333.
Councilmember Petso requested prior to next week the provision regarding unanticipated caseloads be
amended as it did not say $333 per case in excess of the caseload but rather $333 per case. She assumed
the intent was to pay $333 per case over the expected caseload. Ms. Hite agreed to clarify that prior to
next week.
COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO
SCHEDULE AMENDMENTS TO THE FELDMAN AND LEE CONTRACT FOR PUBLIC
DEFENSE SERVICES FOR 2015 ON NEXT WEEK'S CONSENT AGENDA AS AMENDED.
MOTION CARRIED UNANIMOUSLY. (Councilmember Bloom was not present for the vote.)
12. MARCH 2O15 QUARTERLY FINANCIAL REPORT
Finance Director Scott James displayed and reviewed 15i Quarter 2015 Revenue Summary — General Fund
Types with and without revenue bond proceeds of $2.7 million. He highlighted the General Fund was
$98,054 ahead of last year. The Building Maintenance Fund is $142,000 behind last year, primarily due to
fewer grants.
He displayed General Fund Revenue Budget to Actual (page 161 of the packet), highlighting taxes:
General Fund Resource Category
YTD Actual
3/31/2014 3/31/2015
% Change
Taxes
Property Taxes
448,855
680,898
51.7%
Sales Tax
1,477,603
1,605,365
8.6%
Utility Tax
1,931,206
1,797,811
-6.9%
Other Taxes
218,447
233,353
6.8%
Total Taxes
4,076,111
4,317,427
5.9%
Licenses & Permits
Business Licenses & Misc Permits
122,017
114,091
-6.5%
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Franchise Fees
286,075
347,941
21.6%
Development Related Permits
77,649
140,974
81.6%
Total Licenses & Permits
485,741
603,006
24.1%
Mr. James said General Fund taxes are 5.9% greater than last year due to earlier payers in 2015 as a result
of the improved economy and 1% increase in the EMS and regular property tax levy. Sales tax continues
to grow. Utility taxes are down slightly primarily due to a timing issue which will be made up next
month. He referred to development related permits, up 81.6% ahead of last year.
He displayed a bar graph entitled Change in General Fund Revenue for YTD March Compared to YTD
March 2014, pointing out sales tax and property taxes have had the greatest increase and utility taxes are
slightly behind 2014. He referred to Interfund Reimbursement, where the General Fund charges other
funds for services; it is behind due to a timing issue; in fact the budget amount is higher in 2015.
He reviewed a pie chart of Sales Tax Analysis by Category, pointing out the major sources of sales tax
revenue is retail automotive and contractors. He displayed a bar graph of Change in Sales Tax Revenue
March 2015 compared to March 2014; pointing out sales tax is $127,000 ahead and contractors are
$114,000 ahead. He pointed out retail automotive is down $43,000 compared to 2014. Councilmember
Mesaros found it interesting retail automotive was down as he heard a report this morning that the auto
industry is having a record year. Mr. James said it may be a timing issue and Edmonds will join the rest of
the nation shortly.
Mr. James displayed and reviewed 1st Quarter 2015 Expense Summary — General Funds, noting expenses
are lower than 2014 primarily due to timing. For example, last year the City paid the Fire District 1 bill in
the first quarter; this year it will be paid in April. He reviewed a General Fund Department Expense
Summary, commenting there was nothing of note. He reviewed 1st Quarter 2015 Revenue Summary —
Special Revenues, noting the differences are primarily due to lower grant revenues, otherwise revenues
are on par with 2014. He reviewed 1 st Quarter 2015 Expense Summary — Special Revenue Funds, noting
it is nearly identical to last year but $12,000 less.
He displayed a graph of Motor Vehicle Fuel Tax revenues, noting 1st quarter revenues for 2010-2015 are
fairly flat. He displayed a graph of the Hotel/Motel Lodging Tax Revenues 2010-2015, noting 1st quarter
lodging tax for 2015 has increased slightly over 2014. He displayed a graph of REET Revenues 1st quarter
2010-2015, noting there is an upward trend. He displayed and reviewed a 1st Quarter 205 Revenue
Summary — Utility Revenue Funds, commenting revenues are up; the City is in year 2 of a 3 year rate
increase. He also displayed the 1 st Quarter 2015 Expense Summary — Utility Funds.
14. DISCUSSION AND POTENTIAL ACTION ON BOARDS AND COMMISSIONS
Parks & Recreation/Human Resources Reporting Director Carrie Hite explained this was a topic
identified at the Council retreat for review by a team of staff and Councilmembers. Council President
Fraley-Monillas and Councilmembers Bloom and Buckshnis met with Ms. Hope and her for four lively
discussions to develop the materials for tonight's discussion. Part of this committee's charge was to look
at all boards and commissions and to discuss and policy level issues as well as whether the boards and
commission made sense for the City, whether some efficiencies could be realized, etc.
She reviewed the committee's discussion and recommendations.
1. Staffing: The committee prepared a chart that included the location; staffing; staff person;
monthly average staff time; average monthly cost; notes that identified any anomalies; whether
there is a Council rep; whether the board/commission is required by City code, State Code and its
priority; what kind of records are kept; and potential efficiencies. She explained the chart
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identifies the boards/commissions that are codified. Several are not but have been in existence for
a long time such as the Highway 99 Task Force, the Mayor's Climate Protection Committee, the
Parking Committee, and the Transportation Committee. She pointed out not everyone agrees;
therefore it is important for the full Council to have that discussion.
The committee members discussed the time allotted for each board/commission and whether that
was still adequate, which boards/commission had dedicated staff and which did not. Most
boards/commissions have dedicated staff that attend meetings as well as administrative staff that
posts notices, minutes, etc. The committee wanted the Council to discuss whether the staff hours
for each board/commission were appropriate and whether the Council will consider adding staff
support for the Tree Board and the Diversity Commission (scopes of work are attached to the
packet).
2. Efficiencies: The committee discussed whether any of the boards/commissions could be
combined and/or whether all of them were needed. Review of the Economic Development
Commission (EDC) is on a separate track and was not addressed by this committee. The
committee discussed whether the Hwy 99 Taskforce could be combined with the EDC and
whether the Transportation Committee and the Parking Committee could be combined. There
were differences of opinion from all three Councilmembers.
Financial considerations: These include both the direct staff cost as well as the indirect cost of
work staff cannot do while staffing a board/commission. Efficiencies were discussed such as
changing the meeting location from City Hall to avoid the cost of a door monitor, whether the
boards/commissions need a minute taker or could summary notes be taken and which
board/commissions actually required minutes. To the question of whether staff is paid overtime to
staff boards/commissions, Ms. Hite said most of the staff that support boards/commissions are
manager level and up and do not incur overtime. There are instances when overtime is incurred
such as when the arborist attended the Tree Board meeting. Councilmembers on the committee
wanted the full Council to discuss financial considerations.
4. Administrative: The committee discussed issues related to the Open Public Meetings Act, which
boards/commissions/committees post notices and agendas, whether there is a Council rep, etc.
The committee recommended discussion by full Council.
Council President Fraley-Monillas suggested Councilmembers review the information and make
suggestions. One of the areas she was concerned with was summary notes versus minutes. When she
began on the City Council, there were summary notes by staff with topics and action items. The Finance
Committee brought in a paid minute taker and it has gone from there. The committee discussed
boards/commissions that are required to have minutes: City Council, Architectural Design Board and
Planning Board. In the overall budget the cost of minutes may not seem excessive, but she is more frugal
than most and thinks the City may be able to do business better in different ways.
Council President Fraley-Monillas recalled another area of discussion was combining committees, for
example the Parking and Transportation Committees. Transportation is not a permanent committee but
maybe it should be due to issues such as overlays, traffic calming devices, etc. Another issue was whether
parking is part of transportation. The Hwy 99 Task Force has been in place for 12 years; she was
uncertain the difference between a task force and a committee. The committee was interested in ways that
business could be done different or better. She noted transparency is also an issue; any meeting held in a
locked building after business hours prevents citizens and/or committee members from attending.
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Ms. Hite pointed out Councilmembers on the committee did not agree on all items. Mayor Earling relayed
his understanding that Council President Fraley-Monillas was seeking big picture, general feedback
tonight and to provide the Council an opportunity for continued study of options.
Councilmember Mesaros asked whether the committee looked at the structure. He assumed the employees
who staff boards/commissions report to the executive branch. Ms. Hite answered yes except for the Tree
Board. Councilmember Mesaros asked whether the committee considered why that is an exception. Ms.
Hite answered that is the reason for the recommendation to provide staff support to the Tree Board. When
the Council formed the Tree Board, there was no staff capacity to staff the Tree Board; the Council
Executive Assistant provides administrative support. There is also no staff capacity to provide support for
the Diversity Commission.
Councilmember Mesaros suggested the committee consider whether everyone should continue to report to
the executive branch and if not, why not. Council President Fraley-Monillas explained 3-4 staff attend
some committee meetings and some have one staff person attend their meetings but not necessarily the
same one at every meeting. The committee did not reach any resolution other than spreading staff out
better so staff was not overburdened. Ms. Hite recalled the committee had several discussions regarding
the role of boards and commissions which leads into the structure. Most boards/commissions are advisory
to the City Council and the Council does not have staff so the Mayor provides support to assist them and
help frame recommendations/advice to the City Council.
Councilmember Mesaros relayed he was looking at this from a philosophical, not a technical standpoint.
His understanding was the intent was to have support from the executive branch and to provide as much
information as possible to the legislative branch as it works through the boards/commissions. Once the
Council makes a decision, it is up to the executive branch to carry it out. He suggested if the Council
wants the boards/commissions to have staffing, it needs to provide adequate budget to the executive
branch to provide that staffing. Ms. Hite agreed, noting that was the intent of the scopes of work for the
Tree Board and Diversity Commission.
Councilmember Nelson asked the cost savings of notes versus minutes, recognizing there may be ways to
save money to provide staffing for the Diversity Commission. Ms. Hite said the cost of minutes according
to Councilmember Buckshnis is approximately $100/month or $1200/year per board/commission. Mayor
Earling said it is not just the $100/month, it is also a staff member not doing something else. For example,
two staff members served on this committee while they could have been doing something else.
Council President Fraley-Monillas said the committee discussed reporting and if Council wanted to hire
staff to support all boards and commissions, cuts could be made elsewhere to hire staff. The flip side to
hiring staff is the disconnect when the person hired to assist the board/commission is not a direct report to
the Mayor. Ms. Hite said in her experience, boards/commissions in most cities are staffed by the
executive branch; they do research and provide information to assist the Council in making informed
decisions at the policy level.
Councilmember Nelson referred to the Hwy 99 Task Force that has existed for 12 years and asked how
boards or committees died. Ms. Hite answered in her experience when they were done with their work,
they disbanded. For a lot of working committees, once they are finished their work, the committee is
done. Ms. Hope said some things are codified and the only way to change that is via an ordinance. There
are other task forces or committees that are the result of some past action and the administration or
Council could decide to dissolve it depending on the nature of the committee.
Councilmember Petso recalled in one case, all members of the committee resigned and another way is to
allow a commission to sunset. She asked whether the materials contained the cost of minutes or monitors.
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Ms. Hite said she will provide that information. Councilmember Petso asked staff to provide any other
costs such as public noticing, etc., whatever constitutes the true cost of the meetings. She asked whether
meeting sites had been determined to avoid paying a monitor. Ms. Hite answered that had not been done;
the committee wanted the full Council to weigh in on that concept. She recommended asking staff who
attend the board/commission to identify an alternate location. There have been discussions about using
the police training room or a room at the Frances Anderson Center although the Frances Anderson Center
closes at 8:30/9:00 so meetings would need to be concluded by then to avoid incurring extra staffing
costs. The meetings that require a door monitor include the EDC, Tree Board, Historical Preservation
Commission and Sister City Commission.
Council President Fraley-Monillas said the committee compared Edmonds to other cities; most do not
have as many boards/commissions. To Councilmember Petso's comment about total cost, Ms. Hite
relayed Mr. James' comment that because boards/commissions are required to be on the City's email
system, the City has licensed many more emails at a cost of $26,000/year.
Councilmember Johnson said in general she preferred summary notes for boards/commissions with the
exception of the ADB, Planning Board and City Council. She commented approximately 1/3 of the
minutes could be condensed as the minutes tend to be as elaborate as possible including almost verbatim
discussion. She recalled City Clerk Scott Passey brought that to the Council's attention a few years ago.
In general she preferred staff support versus outside contractors for organizing boards/commissions. She
preferred making adjustments in the work program or priorities rather than hiring an outside person due to
institutional knowledge and connection. She recalled the entire Transportation Committee resigned and
was recently reconstituted for the Transportation Element of the Comprehensive Plan. The Transportation
Committee worked well together and wants to continue meeting quarterly.
Councilmember Petso suggested the Council Assistant double check the list of committees to ensure it
includes all the boards, commissions and committees.
Ms. Hite relayed there are two proposals for Council consideration tonight or at a future meeting. The
Diversity Commission was codified but has no support. She has received many emails asking when the
commission will be started. She has no answer other than it is in limbo until staff support is identified.
Council President Fraley-Monillas asked how the Council could assist in getting the Diversity
Commission underway. Mayor Earling said the packet includes a cost estimate. Ms. Hite said the current
proposal is to hire a consultant; neither she nor the Mayor was able to identify staff that has the capacity
to staff up the Diversity Commission. Council President Fraley-Monillas suggested temporarily
compensating an employee. Ms. Hite answered full-time employees could have special duty pay but she
was not sure that would be an incentive for someone to work more nights, more hours and more stress.
She reiterated the Council took action to create the Diversity Commission and citizens are waiting for it to
be implemented.
Councilmember Mesaros recommended the executive look at staffing across the entire City and make a
determination who would be best to staff the commission and bring the Council a recommendation. If it
includes a budget cost, the Council can consider that and vote accordingly. Mayor Earling said he could
look but the prospects are not good. Ms. Hite recalled Councilmember Bloom spoke out during the
committee about the need for staff support for the Tree Board as well. Councilmember Mesaros requested
the executive's recommendation also include the Tree Board.
Council President Fraley-Monillas commented the Tree Board has been staffed 80% of the time. Ms.
Hope said staff from the Council office notices meetings, posts the agenda, and does general
administrative actions. At least two people from Development Services have attended meetings to present
specific issues or assist with preparing materials. They both have full-time work and are not able to
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provide all the staffing the Tree Board would like. Parks & Recreation have also occasionally staffed the
Tree Board on occasion. Council President Fraley-Monillas recalled Councilmember Bloom's interest in
the Tree Board having consistent staff. Mayor Earling recalled the request in that case is to have specific
minutes taken and reported out. If the Diversity Commission is to staff up with notices, public disclosure
requests, etc., that is a hidden but real cost. He was glad to follow Councilmember Mesaros' suggestion
but a cursory look has already been done and it will be difficult because the City is thinly staffed
compared to other cities Edmonds' size.
Councilmember Mesaros agreed there was not an easy answer. If the Council wants multiple boards and
commissions, resources need to be provided so they are staffed properly. He asked Mayor Earling to
recommend what that looks like.
Councilmember Nelson observed a consultant for the Diversity Commission was $4,500 for July 1 — Dec
31. Ms. Hite agreed, pointing out that is contract staff, not a current City employee. That model has been
used in the City including the PIO, media relations person, etc.
At Council President Fraley-Monillas' inquiry, Councilmembers agreed they wanted to review the
information provided and return at a study session with information provided by Mayor Earling regarding
staffing, costs, etc.
15. MAYOR'S COMMENTS
Mayor Earling reported he attended Lynnwood's State of City speech by Mayor Smith. He was excited to
have an active government in Lynnwood eager to work with the other cities in South Snohomish County.
With regard to the legislature, all the projects Edmonds is interested in are still included but he was
uncertain how long they will be included if the legislature does not develop a budget. He congratulated
the Rotary who sponsored the Waterfront Festival this past weekend; it looked like a magnificent success.
16. COUNCIL COMMENTS
Councilmember Nelson congratulated Student Representative Eslami.
Councilmember Petso also congratulated Student Representative Eslami and wished him good luck.
Councilmember Mesaros commented Student Representative Eslami has more experience on Council
than Councilmember Nelson. Councilmember Mesaros reported the SnoCom and SnoPac joint meeting
included an update on the New World project and a further postponement of the new software that will
enhance 911 capabilities. The pretest to determine whether the system could go live on June 9 failed. The
original checklist with 44 concerns has been reduced to 3-4; he and others are hopeful by
September/October the four items will be addressed and the next test simulating a catastrophic event in
Snohomish County will be successful.
Councilmember Mesaros reported the Edmonds-Woodway Jazz Band will be performing at Jazz Alley on
June 8`''
Councilmember Johnson congratulated Student Representative Eslami who will be attending the
University of Washington studying chemical engineering.
Councilmember Johnson announced an open house at City Hall on the Comprehensive Plan on June 10
from 6:00 to 7:00 p.m. followed by a 7:00 p.m. public hearing. She reported on the Waterfront Festival,
having spent most of Friday, Saturday and Sunday in response to the Rotary's request that each member
commit to four 4-hour shifts. She thanked the Port of Edmonds, the Edmonds Yacht Club, the Boy Scouts
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who kept everything clean, other service clubs who participated, and the Waste Warriors of Washington
State Extension Club for food waste recycling. This was the 28`h year the Rotary Club has put on the
Waterfront Festival, a wonderful community success. She thanked everyone who attended and helped.
Council President Fraley-Monillas congratulated Student Representative Eslami. She relayed a citizen's
question about the cost of the New World system. Mr. James offered to email Councilmembers
tomorrow.
Council President Fraley-Monillas said she spent the weekend assisting the Edmonds Special Olympics
Team at Fort Lewis at the annual track meet. She congratulated the Edmonds Special Olympics Team
who came home with many golds, include two won by her son.
Councilmember Petso said she requested an executive session of both Council President Fraley-Monillas
and the City Attorney; five minutes regarding potential or pending litigation.
17. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION
PER RCW 42.30.110(1)(i)
At 8:55 p.m., Mayor Earling announced that the City Council would meet in executive session regarding
pending or potential litigation per RCW 42.30.110(1)(i). He stated the executive session was scheduled to
last approximately five minutes and would be held in the Jury Meeting Room, located in the Public Safety
Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials
present at the executive session were: Mayor Earling, and Councilmembers Johnson, Fraley-Monillas,
Petso, Mesaros and Nelson. Others present were City Attorney Sharon Cates and City Clerk Scott Passey.
The executive session concluded at 9:00 p.m.
18. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN
EXECUTIVE SESSION
Mayor Earling reconvened the regular City Council meeting at 9:00 p.m.
19. ADJOURN
With no further business, the Council meeting was adjourned at 9:00 p.m.
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