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04/14/2015 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES April 14, 2015 The Edmonds City Council meeting was called to order at 6:15 p.m. by Mayor Pro Tern Fraley-Monillas in the Council Chambers, 250 5th Avenue North, Edmonds. ELECTED OFFICIALS PRESENT Adrienne Fraley-Monillas, Mayor Pro Tern Kristiana Johnson, Council President Pro Tern (arrived 6:28 p.m.) Diane Buckshnis, Councilmember Lora Petso, Councilmember (arrived 6:37 p.m.) Joan Bloom, Councilmember Thomas Mesaros, Councilmember (arrived 6:19 p.m.) Michael Nelson, Councilmember ELECTED OFFICIALS ABSENT Dave Earling, Mayor STAFF PRESENT Jim Lawless, Assistant Police Chief Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Mary Ann Hardie, Human Resources Manager Jeff Taraday, City Attorney Linda Hynd, Deputy City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder 1. CONVENE IN EXECUTIVE SESSION TO DISCUSS A REAL ESTATE MATTER PER RCW 42.30.110(1)(c), AND COLLECTIVE BARGAINING PER RCW 42.30.140(1)(a) At 6:15 p.m., Mayor Pro Tem Fraley-Monillas announced that the City Council would meet in executive session to discuss a real estate matter per RCW 42.30.110(1)(c), and collective bargaining per RCW 42.30.140(1)(a). She stated that the executive session was scheduled to last approximately 45 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: Councilmembers Fraley-Monillas, Buckshnis, Nelson, Bloom, Petso, Johnson, and Mesaros. Others present were City Attorney Jeff Taraday, Parks, Recreation & Cultural Services/Human Resources Reporting Director Carrie Hite, and Recorder Jeannie Dines. The executive session concluded at 7:00 p.m. Mayor Pro Tern Fraley-Monillas reconvened the regular City Council meeting at 7:03 p.m. and Councilmember Mesaros led the flag salute. 2. ROLL CALL Deputy Clerk Linda Hynd called the roll. All elected officials were present with the exception of Mayor Earling. MAYOR PRO TEM FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXCUSE MAYOR EARLING. MOTION CARRIED (6-0-1), COUNCILMEMBER BLOOM ABSTAINING. 4. APPROVAL OF CONSENT AGENDA ITEMS Edmonds City Council Approved Minutes April 14, 2015 Page 1 Councilmember Bloom requested Item A be removed from the Consent Agenda. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: B. APPROVAL OF CLAIM CHECKS #213650 THROUGH #213798 DATED APRIL 9, 2015 FOR $2,328,758.72 ITEM A: APPROVAL OF DRAFT CITY COUNCIL MEETING MINUTES OF APRIL 7, 2015 Councilmember Bloom requested the following amendments: • Page 11, last paragraph, put the quote from the citizen's email in quotes. • Page 28, second full paragraph from the bottom, change last sentence to read, "...one quadrant will e would have four stories too close to the street." COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, FOR APPROVAL OF ITEM A AS AMENDED. MOTION CARRIED UNANIMOUSLY. 3. APPROVAL OF AGENDA COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS LeAnn Brisbois, Washington Kids in Transition and Community Homeless Liaison for Edmonds School District (ESD), reported there are 407 homeless students in the ESD. Washington Kids in Transition assists in feeding these families and supplies snack bags for every homeless student that rides one of their 11 buses after school. She is also a member of the Diversity Equity Outreach Team for the ESD. She expressed support for establishing an Edmonds Diversity Commission to work with citizen volunteers and collaborate with local churches, the school district and the community to shift the dynamics to focus on the disenfranchised and underserved families in the community. David Teitzel, Edmonds, expressed interested in the issue of a Diversity Commission. His study of Edmonds' population demographic trends found in the mid-1990s, Edmonds' population was approximately 90% Caucasian. Recent demographic data indicates the proportion of Caucasian is now less than 80%. The population mix is changing fairly dramatically; the largest segments are Hispanic and Asian but there are a substantial number from Gambia, Eritrea, Ethiopia and other counties. He believes all residents of Edmonds need to feel safe, comfortable, and respected and was concerned many people do not feel. A Diversity Commission can be a great instrument to facilitate that change. He encouraged the Council to support formation of a Diversity Commission and implement it in an expeditious manner. Maggie Fimia, Edmonds, spoke in favor of forming a Diversity Commission. If Ferguson could turn the clock back, they could create opportunities for different people to come together and get to know each other as people to be respected instead of feared. The radially motivated hate speech in Edmonds when a family from Gambia was out for a walk in Edmonds is a wake-up call and an opportunity to stop worse things from happening. A Diversity Commission could focus on that type of prevention through education, action and guidance as stated in its mission statement. An annual cultural fair with food, dance, music, crafts and presentations would bring people to Edmonds. She recommended not just talking about diversity but surrounding ourselves with it and enjoying each other's company. She offered to help with a cultural fair and was sure the Chamber, school district, Verdant Health and many others would also help. Edmonds City Council Approved Minutes April 14, 2015 Page 2 Roger Hertrich, Edmonds, said when he moved onto his property 50 years ago he had 30+ fruit trees and a few evergreens and now has a lot of evergreens and a few fruit trees. He has had to remove a few trees due to his interest in solar. He referred to the Tree Code update drafted by the Tree Board; his comments about private property rights are reflected in the March 5, 2015 Tree Board minutes. The proposed Tree Code requires residents to obtain and pay for a permit as well as possibly consult an arborist before removing a tree. He recalled at the Tree Board meeting Councilmember Bloom mentioned she cut down three trees she had planted because they had gotten too big. He agreed that often happens, trees are planted, they get too big and have to be cut down. The Tree Board does not want that to happen; the Tree Board proposes more tree, more canopy and restrictions on private property owners removing their own trees. He acknowledged in a critical area ground cover was important but outside critical areas residents should not be required to obtain permission. The Tree Code is also a proposal to spend money. He suggested waiting until the Planning Board provided comments on the Tree Code before deciding whether to promote more Tree Board action. He summarized the idea of being a Tree City was not that critical; there are plenty of trees in the City. Stephen Clifton, Edmonds, displayed a list of 23 dates when the topics of code of conduct or code of ethics have been scheduled at City Council meetings and retreats, not including tonight, most related to the code of ethics. At the 2012 retreat, the City Council made addressing the subject of ethics a priority for 2012, yet 3 years later no action has been taken by the City Council related to this issue. Also on tonight's agenda is the Diversity Task Force's recommendation to establish Edmonds City Code 10.65 forming an Edmonds Diversity Commission. The issues of conduct, ethics and the creation of a Diversity Commission are all related and are personal to him. Prior to leaving the City he brought to Councilmember Petso's attention that one of her appointees had made a bigoted comment toward him at a public meeting in Council Chambers. Although he told her he would not be comfortable working with the individual, the appointee was allowed to continue serving. The homophobic comment highlights the need for a Diversity Commission. When Councilmember Petso stated there was nothing she could do about the comment, when there was no apology by the appointee, when she tried to get a fellow Councilmember to address the issue for her, it left him with the impression that she just might condone such behavior. For that reason, he urged the Council to take action to approve a code of ethics for the City and take action on the Diversity Task Force's recommendation. If the Council takes action, a framework consisting of a code of conduct, code of ethics and policies related to diversity will be in place that will allow people a process to address this type of issue in the future. Don Hall, Edmonds, reinforced Mr. Clifton's comments; they are very true and come from his heart. What happened should not have just been let go; it should have been addressed. He agreed with Mr. Hertrich that the Tree Board wants to take away a private property owner's right to remove a tree on their property and require an $800+ permit plus the cost of an arborist. He supported having trees in Edmonds but if he had a bad tree on his property, he should not be required to pay to have it removed or have someone else tell him whether or not he can. In response to Mr. Clifton, Councilmember Petso said in response to his request, she asked that Council authorize Councilmembers to remove their appointees from the Economic Development Commission. She attended a committee meeting where that proposal was declined. Councilmember Buckshnis recalled last year while she was Council President a commissioner was removed for making a comment. She disagreed with how Councilmember Petso handled that situation. 6. OPPORTUNITY TO PURCHASE PROPERTY AT 8413 196TH ST. SW PURSUANT TO A RIGHT OF FIRST REFUSAL City Attorney Jeff Taraday explained in 1999 the City acquired Right of First Refusal for property located at 8413 196ffi Street Southwest, an 18,721 square foot property zoned RM 2.4. A Right of First Refusal is Edmonds City Council Approved Minutes April 14, 2015 Page 3 not an option to purchase but a right to purchase once someone else has made offer; an offer has been made to purchase this property for $595,000. At the time this right was acquired in 1999, it was probably thought of as a long term need to expand the Fire Station 16 which is located immediately west of this property. The City now contracts with Fire District 1 (FD 1) for fire services. He notified FD1 in the event they are interested in acquiring the property. City staff does not have an interest in acquiring the property but wanted to confirm that with Council. The City has until May 8 to take action on the Right of First Refusal. The seller would appreciate the City making a decision sooner so their transaction can proceed. He suggested the Council discuss any potential future use for the property. Councilmember Petso recalled the interest was not expanding the fire station but using the site for a training tower or other types of training. She asked whether he was able to locate any records suggesting that intent. Mr. Taraday said he contacted former Fire Chief Tomberg who, although not the Chief in 1999, also suggested that fire training was another possible use for the property. He contacted FD1 regarding their interest but has not had a response. If FD1 was interested, there likely would be ability for the City to purchase the property on FD1's behalf and transfer it to FD 1. Councilmember Buckshnis said she was not interested in purchasing the parcel as it was not in the City's CIP or CFP and there are other priority land purchases. Councilmember Bloom preferred to have a response from FD 1 before making a decision. She asked what was meant by transferring the property to FD 1. Mr. Taraday explained the way the Right of First Refusal is drafted he was uncertain the City could assign the right to FD1. The City would probably have to purchase the property and immediately sell it to FD 1 for the purchase amount. Councilmember Mesaros agreed with Councilmember Bloom about waiting to hear from FD 1. He was hopeful they were aware of the May 8 day and would respond in time for the Council to act accordingly based on their response. 7. EDMONDS TREE BOARD PRESENTATION AND REOUEST Tree Board Chair Steve Hatzenbeler said the Tree Board has heard some concern regarding the Tree Code and will take them into consideration. He introduced Tree Board Members Rick Zitzmann and Ron Brightman in the audience. He expressed the Tree Board's gratitude to Councilmember Bloom who attends most meetings; she if very reliable and a great resource. He presented the Tree Board's mission statement, advising the italicized words are the Tree Board's priorities: The City of Edmonds Tree Board will engage, encourage and educate both the City government and residents to protect our current canopy resource and plant new trees appropriately for the long term benefit of our community. He provided the Tree Board's goals and progress being made: • Advise and assist City officials in development of a tree ordinance designed to preserve and protect existing trees, encourage additional trees, and appropriately safeguard trees in construction areas — partially being accomplished by Tree Board's work on the proposed Tree Code • Advocate for the enforcement of the tree and critical areas ordinance in order to protect trees in our wetlands, steep slopes, and watersheds - partially being accomplished by Tree Board's work on the proposed Tree Code Edmonds City Council Approved Minutes April 14, 2015 Page 4 • Increase community outreach and education regarding the value of trees, property selection of trees, and correct methods for planting of and caring for trees - partially being accomplished by Tree Board's work on the Tree Code • Encourage active stewardship of the urban forest through partnering with community organizations, to include arboriculture in multiple aspects of the city — not being done, hope to make better progress in future • Work to develop funding sources to expand tree related programs — happens but is rare • Sponsor an annual Arbor Day event — inconsistent, hope to improve consistency Mr. Hatzenbeler provided the Citizens' Tree Board 2014 Year in Review: • Tree City USA — 4th year renewal recently received • Community outreach at Edmonds Summer Market in October • Heritage Tree Program Planning • Worked with WSU Extension on Streamside Landowner Tree Selection Project • Assisted Planning Board in revision of Council Resolution 418 • Tree Code Rewrite Draft He provided an update regarding the Tree Code Rewrite: • Thanked the City Council for budgeting $25,000 • Thanked Kernen Lien, Jeanie McConnell and others who helped • Kernen led an effort to obtain an additional $10,000 through WA DNR grant, leveraging Tree City USA status • Consultant hired to prepare Tree Code draft • Tree Code Open House August 14 • Tree Code Public Hearing December 4 • Planning Board review in progress • City Council review later 2015 Mr. Hatzenbeler provided details regarding Tree City USA, per Arborday.org • Arbor Day Foundation national program provides a framework for community forestry management for cities and towns across America • Participating communities demonstrate commitment to caring for and managing their trees He listed Tree City USA obligations: • Tree Board or Department • Tree Care Ordinance • Community Forestry Program with annual budget of at least $2 per capita • Arbor Day Observance and Proclamation • Edmonds needs to do better or we risk losing Tree City USA status Mr. Hatzenbeler explained with some staff support the Tree Board's efforts could be more consistent. He reviewed a staff support "wish list" developed by the Tree Board: • Attend Tree Board meetings • Assist chairperson with preparing agenda and noticing/advertising meetings • Address issues raised by public at meetings • Central contact for Tree City USA renewal application, submit application, accountable for meeting the terms • Plan and organize Arbor Day event (and other events) • Pursue grants Edmonds City Council Approved Minutes April 14, 2015 Page 5 Coordinate outreach and education, including presentations to the Tree Board Advertise events • Update website and post educational materials Mr. Hatzenbeler described Tree Board 2015 (and beyond) Planning: • Finalize Tree Code revisions • Start an Urban Forest Management Plan • Heritage Tree Program implementation • Continue "right tree, right place" educational outreach • Planting events at College Place Elementary and near Yost Park (potential fall Arbor Day event) • Fill two vacancies on the Tree Board • Involvement in Marina Beach PAC (Commissioner Brightman attending meetings) Mayor Pro Tern Fraley-Monillas thanked the Tree Board Members for their time and effort. Councilmember Nelson referred to grant opportunities with Tree City USA status and asked how many cities have Tree City USA status. Mr. Hatzenbeler answered over 3,000 cities in the United States. Many cities in the Puget Sound region have had Tree City USA status for 25 years or more; Edmonds is in year 4. Tree City USA encourages growth, and one way to accomplish growth is by doing more community outreach such as a bigger and better Arbor Day event, planting more trees, etc. There are grant funds available for those through various organizations such as DNR. Councilmember Buckshnis thanked Councilmember Bloom for her involvement, recognizing there have been numerous great Tree Board Members during the past five years. She provided Councilmember Bloom a brochure from Lake Oswego which has a population of 20,000 and has had Tree City USA status for 26 years and has Arbor Day events over a week. She expressed support for a staff person or a contract person to assist the Tree Board. Councilmember Bloom thanked Mr. Hatzenbeler for his presentation, expressing her appreciation for his honest evaluation of how the Tree Board is doing and what needs to be done better. She expressed support for allocating $10,000 for a staff member to support the Tree Board. The better the Tree Board does such as having better Arbor Day celebrations enhances the Tree City USA status and increases the possibility of grants. For example Park Maintenance Manager Rich Lindsay would like to plant trees near Yost Park; a grant through Tree City USA could be leveraged to fund that effort. Staff is needed to write grants, oversee grants, etc. Mr. Hatzenbeler commented on the importance of making tree planting an event for the community. Councilmember Bloom commented more citizens are coming to Tree Board meetings with concerns with the draft Tree Code. Some do not fully understand that the draft Tree Code is a recommendation by the Tree Board but City Council will make the ultimate decision. There needs to be a staff person at Tree Board meetings to field public comments. She recognized trees can be controversial due to issues such as solar. Councilmember Mesaros complimented the members of the Tree Board. He suggested the Tree Board, using the priorities identified in their mission statement, identify 3-4 key issues that need to be addressed and ways to partner with other organizations such as the school district. Mayor Pro Tern Fraley-Monillas asked for Council direction. Councilmember Mesaros asked if there was a formal proposal or just ideas. Parks, Recreation and Cultural Services Director Carrie Hite responded based on priorities at the Council retreat, a committee consisting of Councilmembers Buckshnis, Bloom and Fraley-Monillas are looking at all the boards and commissions. Following their first meeting, a Edmonds City Council Approved Minutes April 14, 2015 Page 6 recommendation was made to allocate $10,000 to hire contract staff for the year; likely only $5,000- $6,000 will be expended for 2015 once a contractor is hired to staff the Tree Board. A job description has not yet been developed. She recommended Council consider that request and direct staff to bring it back in either next week's budget amendment or the budget amendment in July. Councilmember Mesaros suggested before the Council acts on that, he wants to hear about the work being done by the Council committee looking at all boards and commissions. He preferred to look at the big picture first such as how other boards and commissions are structured and staffed, reporting relationships with administration, etc. He agreed there was a great deal of work staff could be doing but wanted to be sure that decision was made in the context of activities throughout the City. The Council will be considering another committee later on the agenda that will also need staff. There may be other commissions that wish they had more staff time as well. Councilmember Bloom said those are exactly the issues the committee has been addressing. The committee members agreed the Tree Board was the only committee that did not have allocated staff. For comparison, 12 hours of staff time are allocated to the Tree Board per month; 47.5 hours per month are allocated to the Economic Development Commission. Councilmember Mesaros responded that describes staffing of two boards/commissions and still does not provide the big picture. Before making a decision, he wanted further information about the reporting relationship of the staff person, who ensures they are performing their duties, etc. Ms. Hite advised at the Council committee's one meeting that included her and Development Services Director Shane Hope, they outlined an aggressive research plan and are gathering information to answer all those questions at another meeting next week. Issues they are researching include administration, financial efficiencies possibly combining boards/commissions, whether all boards/commissions are needed, whether some boards/commission are still priorities of Council, etc. In the analysis that occurred at the committee's meeting, it was determined the Tree Board really needed staffing and was the only board/commission without any dedicated staff. She does not currently have the capacity in Parks & Recreation to staff the Tree Board on a dedicated basis. The conversation about staffing also included the Diversity Taskforce's recommendation that is later on tonight's agenda. Council President Pro Tern Johnson thanked the Tree Board Members for their dedication and for their annual report. With regard to vacancies on the Tree Board, she encouraged interested members of the public to apply within the next three weeks. With regard to the structure of the Tree Board, staff support and amount allocated, she agreed with Councilmember Mesaros that a comprehensive evaluation of all boards and commissions needed to be done before any decisions are made. This should include the way members are appointed, how they serve and staff support. She was not interested in making an incremental decision for one board; the City has nearly 20 boards and commissions. Councilmember Buckshnis reiterated what Ms. Hite and Councilmember Bloom said; the Council's Executive Assistant has done a lot of work for the Tree Board. A door monitor and minute taker were added last year; the reason there has been so much turnover on the Tree Board is because they have had to do so much work and have not had adequate staff support. The Tree Board is a Council -designed board in order to have the Tree City USA. She recalled Mr. Chave saying when the Tree Board was established that there was no staff available to support it. The Tree Board has existed for four years and it is time to have staff support. She expressed support for a contract person under Ms. Hite's supervision and determining in next year's budget whether a full-time or part-time person is needed. Mayor Pro Tern Fraley-Monillas said one of her issues has been there is not a lot of rhyme or reason to the different boards and commissions in the City. Some boards have a lot of resources and some have almost none which is very frustrating for the members. She was hopeful the Council committee would reach some conclusion regarding boards and commissions at next week's meeting. With regard to the Edmonds City Council Approved Minutes April 14, 2015 Page 7 time and effort provided by the Council's Executive Assistant Jana Spellman, Ms. Spellman has four extra hours per week in her role as Council Executive Assistant because she is no longer taping Council meetings. Until the issue of all boards and commissions is straightened out, Ms. Spellman is ready, willing and able to assist using the available four hours/week. She acknowledged the Tree Board needed more assistance than Ms. Spellman has time to provide. Councilmember Bloom recalled Ms. Spellman's additional hours were specifically allocated by Council in the budget as legislative analyst support. Mayor Pro Tem Fraley-Monillas said Ms. Spellman is not paid as a legislative assistant; she is paid as an administrative assistant. Councilmember Mesaros supported staffing for the Tree Board but wanted it done in the context of what was done for other boards and commissions, determine reporting relationships, etc. He envisioned the Council would not be happy if the Mayor asked the Council to fund a new staff person without a job description or reporting relationship. Mayor Pro Tem Fraley-Monillas asked when staff could provide a finalized report to Council. Ms. Hite advised the Council committee's next meeting is April 23; she can provide a report for the first or second meeting in May. 8. INTERLOCAL AGREEMENT — NORTH SOUND METRO SWAT Assistant Police Chief Jim Lawless explained in 2013 the City Council authorized an Interlocal Agreement between the City and seven other cities for a combined SWAT that is now North Sound Metro. That was the culmination of several years' of work; combining with several other swat teams in the area to enhance abilities to staff teams as well as economies of scale. This Interlocal Agreement adds Mukilteo to the regional team. Due to the success of this team, it has become a model for SWAT team throughout the State. Prior to this Edmonds was part of a regional SWAT team formed in the early 1980s with Mountlake Terrace and Lynnwood. That team combined with Monroe and Bothell who had a member from Lake Forest Park. In the interim the cities of Mill Creek and Kirkland have also joined the team. The proposed Interlocal Agreement brings the total cities to nine. There is no economic impact, the structure remains the same and will cost the City approximately $500 less next year. The proposed Interlocal Agreement is identical to the previous Interlocal Agreement; the only addition is adding Mukilteo on the first page. The Interlocal Agreement has been reviewed by the City Attorney's Office. He recommended scheduling it on next week's Consent Agenda. Councilmember Mesaros asked whether the Town of Woodway was part of this agreement. ACOP Lawless answered no, if something happen in Woodway, Edmonds would likely respond through mutual aid. Councilmember Nelson asked whether adding Mukilteo increased the number of qualified SWAT members that are available. ACOP Lawless said part of the reason for consolidation was the difficulty by all participating jurisdictions to staff a team on their own due to budget and staffing reductions as well as aging workforce and many members who have already served on the SWAT team. Serving on the SWAT Team takes a toll and there are strict physical standards. The SWAT Team is always in flux; the Executive Board comprised of Chiefs from all the jurisdictions has agreed on the staffing level of the team and try to stay constant with that level although it has been a challenge as people move on to different assignments, retire, are injured, etc. The intent is Mukilteo would bring two members to the team. Edmonds City Council Approved Minutes April 14, 2015 Page 8 Councilmember Nelson commented he had the pleasure of meeting with ACOP Lawless, the chief and several officers recently; he expressed his appreciation for the officers who suit up day in, day out, and put themselves in harm's way responding to calls. Councilmember Bloom observed there are no figures in the Interlocal Agreement. She asked the approximately cost and whether the cost will be reduced with the addition of Mukilteo. ACOP Lawless advised the funds for the SWAT Team are allocated in the Police Department budget under the Special Operations cost center. That number will remain static and includes funds for equipment and training; the primary cost is ammunition. Several years ago he brought forward a request to increase that amount because the cost of ammunition had doubled. Each department provides funds to a pool that is used for larger asset team equipment. There is no financial impact from this Interlocal Agreement. Councilmember Bloom relayed her understanding the team was made up of specifically trained members of each department. ACOP Lawless advised there is a very lengthy selection, vetting and training process before members are able to actively participate. Councilmember Bloom asked whether each City provided one trained officer. ACOP Lawless advised the numbers vary by agency; when this regional team was originally established, it combined established teams. It was recognized there would be attrition and each agency committed up to a maximum number of operators on the team. That number is in flux depending on the needs of the team. Councilmember Bloom asked whether Woodway contributes in any way for their protection by the SWAT team or would they pay a fee if they needed the services of the SWAT team. ACOP Lawless answered every Police Department in the State with the exception of three in Eastern Washington signs a mutual aid agreement that gives officers law enforcement authority throughout the state. That mutual aid agreement also obligates cities to assist other agencies when the need arises. There may be funds available for reimbursement depending on the situation. Reimbursement is generally limited to larger incidents with federal funding such as WTO. That is how Woodway would be addressed, that is how Mukilteo is currently addressed and prior to joining the team, that was how Mill Creek was addressed. If an issue arose in those cities that necessitated a SWAT team, they would call North South Metro SWAT team or the other SWAT team in Snohomish County to request assistance. It was the consensus of Council to schedule this item on the Consent Agenda next week. 9. CITY PERSONNEL POLICY UPDATE Parks, Recreation & Cultural Services/Human Resources Reporting Director Carrie Hite explained the City's Personnel Policies were updated for compliance based on a 2010 WCIA audit. Prior to that, the Personnel Policies had not been updated since 2001. Staff intends to bring updates to the Council on a regular basis in the future. There are several changes in the Personnel Policies based on new language, new laws and the Affordable Care Act (ACA). Human Resources Manager Mary Ann Hardie advised the Personnel Policies were audited this year and there were no findings. She advised many of the changes are housekeeping, best practices from a risk perspective or just good policies and practices. In additional the changes ensure the City's Personnel Policies are in compliance with state and federal laws. She highlighted changes to the Personnel Policies: • New Health Care Reform Policy — further defines employees eligible for health care under the Patient Protection and ACA and how employees are counted for measurement period. This is especially important for the Cadillac Tax in 2018 • Nonrepresented Compensation Policy — language added requiring an overall satisfactory performance rating for an evaluation period to be eligible for a step increase • New Cigna LTD, AD&D policy and MEBT life insurance increased from $75,000 to $100,000 Edmonds City Council Approved Minutes April 14, 2015 Page 9 New section created to explain the City's Wellness Program. Unpaid holidays for reasons of faith or conscience — in compliance with a recent State law and City ordinance 3972, policy added that employees may be entitled to two unpaid holidays per calendar year for reasons of faith or conscience. Added language to address use of personal electronic and telephonic communication for City business outside of regularly scheduled work hours Ms. Hardie said the Personnel Policies have been reviewed by legal and WCIA and the unions have been provided a copy. None of the changes are subject to bargaining. Ms. Hite advised the changes are all consistent with the Edmonds City Code. Council President Pro Tem Johnson referred to the clarification regarding allowable gifts under the RCW. She asked Ms. Hardie to provide additional information. Ms. Hardie explained employees are allowed to accept something of de minimis value, a maximum of $50. This is also the amount allowed for gifts for service retirements, etc. Councilmember Petso referred to suspension for safety violations (bottom of page 67) which seems to say an employee can be suspended for less than week for a major safety violation but at least a week for a minor violation which seems backward. Ms. Hardie said that language is Washington State law. Councilmember Nelson referred to language, "An employee is considered not to have achieved a satisfactory overall performance rating if two or more performance category areas in the evaluation receive less than a meets standards rating." He asked two out of what number. Ms. Hardie answered the number of categories usually range from 5 to 10; it depends on the work the employee does in the department. Generally it is a ratio; for example if one area needs improvement that may be somewhat reasonable, but two areas is less reasonable. Councilmember Buckshnis liked the addition of a Wellness Program. She asked whether it was mandated by the State. Ms. Hardie answered no. Councilmember Buckshnis asked whether the unpaid holidays for reasons of faith or conscience was mandated. Ms. Hardie said it was. Councilmember Buckshnis asked how two days was determined. Ms. Hardie said it was approved by the House and Senate. It was the consensus of Council to schedule this item on the Consent Agenda next week. Mayor Pro Tem Fraley-Monillas declared a brief recess. She requested the order of Agenda Items 10 and 11 be reversed. 11. DIVERSITY TASK FORCE RECOMMENDATION Parks, Recreation & Cultural Services Director Carrie Hite advised Councilmembers Buckshnis and Petso are also on the Diversity Task Force. The Task Force's charge was to review the need for a Diversity Commission and provide a recommendation to Council. When the Task Force presented their recommendation to Council in February, the Council offered suggested changes. The Task Force considered the suggested changes and has returned with a recommendation. The members of the Task Force who were present introduced themselves: Mario Brown, Emily Hill and Tung Bui. Mr. Brown provided a summary of the changes: 1. Clarify in Section 10.65.030 that the City is responsible for giving notice of meeting to be in compliance with the Open Public Meetings Act 2. Limit the Commission to residents of Edmonds 3. Add the potential for a Council Liaison to the Commission Edmonds City Council Approved Minutes April 14, 2015 Page 10 4. Add a Student Representative 5. Request the Commission present an annual report to the City Council Councilmember Petso suggested selecting a different month for the annual report. The Council attempts to have only two meetings in December and is very busy with the budget, Comprehensive Plan amendments, etc.. Ms. Hite suggested the stating an annual a report will be provided at a time determined. Council President Pro Tern Johnson suggested an annual report one year from the date of the first meeting of the commission. Councilmember Nelson thanked the Task Force for the work they have done and he looked forward to supporting the Diversity Commission. Councilmember Bloom asked whether the Council intended to discuss allocation of funds. Ms. Hite answered it was definitely part of the recommendation. There currently is not capacity on City staff to staff the Diversity Commission. The Council committee regarding boards and commissions discussed the levels of participation each board and commission may warrant. There may be advisory boards or commissions that need minimal support; for example the Library Board only needs four hours a month. The Planning Board, a regulatory board, requires a great deal of staff support. Staffing needs for the Diversity Commission would be somewhere between the Library Board and the Planning Board if the Council wants the Commission to promote and put on events. The Council committee on boards and commissions is discussing that issue. Starting the Diversity Commission will be delayed until staff is available to receive applications, develop a work plan, etc. Mayor Pro Tern Fraley-Monillas observed the first step would be to get volunteers to serve on the Commission. Ms. Hite said time and effort are required to develop an application, recruit, review applications, interview, and bring a recommendation to Council. She summarized it may sound easy to post the opening on the City's website and take applications but active recruitment to seat a commission takes time. Councilmember Buckshnis recommended taking action to allocate funds next week to show the Council believes in the Diversity Commission. She reiterated the vacancies on the Tree Board are due in part to lack of funds for staff support. She asked what department would be responsible for the Diversity Commission. Ms. Hite said in discussion with the Mayor and the recommendation from the Task Force, the Mayor is considering the Community Services Department. She offered to confirm that before it is presented to Council next week. Councilmember Mesaros reiterated what he said during the discussion regarding staffing for the Tree Board; he wanted to see the big picture first such as reporting relationships, how it fits with other needs in the City, etc. Although he was in favor of allocating resources and staff for the Diversity Commission, he wanted to ensure $10,000 was the right amount. Councilmember Nelson observed that the Diversity Commission does not yet exist. He preferred it exist before the Council discuss how it fits into the overall picture. Councilmember Johnson said the Diversity Task Force followed one model for filling vacancies, several other models exist. She suggested the Council committee regarding boards and commissions discuss that before the Council adopts the Task Force's recommendation. She commented on the variety of ways vacancies are filled: on some boards/commissions the Mayor makes a recommendation to Council, some boards/commissions do an internal evaluation and make a recommendation to the Mayor which is Edmonds City Council Approved Minutes April 14, 2015 Page 11 forwarded to the Council. The Diversity Task Force has proposed another variation. She preferred the way vacancies are filled be more consistent. Councilmember Petso said she was satisfied with adopting the ordinance as it currently reads and delay action on the funding piece until that is addressed for the Tree Board as well. With regard to the formation of the Diversity Commission, Mr. Brown explained initially each Councilmember selects one member and the Mayor selects two; the Commission selects members to fill vacancies. A Diversity Commission is somewhat unique; he envisioned few people of a minority status would be browsing the Edmonds City website to fill out an application for the Commission. It likely will take boots on the ground outreach to identify members. He did not mean to imply Councilmembers did not have strong relationships with communities of color, religious minorities, LGBT, or disabled individuals, but the Task Force wanted to make sure the Commission was diverse. Mr. Bui supported Councilmember Nelson's comment to establish the Commission first. He encouraged the Council to talk about the substance of establishing the Diversity Commission and not the mechanics such as funding, procedures, etc. which can be resolved later. Councilmember Buckshnis preferred to leave the ordinance as proposed with the terms staggered and the Commission making appointments in the future. She agreed some of the people who may want to serve on the Diversity Commission may not read the newspaper or see the notice. Mayor Pro Tern Fraley- Monillas agreed with that as well, living in diverse neighborhood herself. She cited the importance of reaching out to those for whom English is not their first language. Councilmember Mesaros agreed with Councilmember Petso's suggestion. It was the consensus of the Council to schedule the ordinance on the Consent Agenda next week without the financial piece. Ms. Hite said she would make the change regarding the date of the annual meeting. Ms. Hite referred to the issue Council President Pro Tern Johnson raised regarding how members are appointed. Council President Pro Tern Johnson clarified the Historic Preservation Commission and the Arts Commission have the same model. Other boards and commissions such as the Planning Board and the Transportation Commission have another model. The City Council has the ability to confirm appointments but it often comes to the Council in different ways and she suggested there be one common way. Ms. Hite said she will add that to the administrative issues the Council committee on boards and commissions is discussing. 10. DISCUSSION REGARDING CODE OF ETHICS Mayor Pro Tern Fraley-Monillas referred to Attachment 13, the last code of ethics the Council discussed, advising it incorporated the edits offered by Councilmember Buckshnis. Councilmember Bloom said she has been involved in discussions about the code of ethics since 2012 when she was on the Public Safety & Personnel Committee and was the chair most of the two years she served on the committee. Many of the attachments were related to discussions that committee had. She was concerned because much of what was discussed has been left out of Attachment 13. She referred to her comments at the last Council work session on January 13, 2015: "Councilmember Bloom said the code of ethics proposed by Council President Fraley-Monillas and Councilmember Peterson was essentially the major bullet points in Shoreline's Code of Ethics but not the sub points. Her research found a lot of confusion between what ethics are and what conduct is. Code of ethic is a field of study; many professions are required to take code of ethic classes to maintain their licenses. Not including the sub points expects the public to know what is meant by the bullet points. Shoreline's policy is succinct Edmonds City Council Approved Minutes April 14, 2015 Page 12 and gives examples under each bullet. She did not want to eliminate the specific examples, finding that watered the code down to where it was not understandable. A citizen reading the code needs those details to determine whether someone has committed a breach of ethics." Councilmember Bloom relayed concern that the only proposal for this discussion was just the other code of ethics. She offered to review the difference between the Shoreline's Code of Ethics and the proposed Edmonds Code of Ethics (Attachment 13). Mayor Pro Tern Fraley-Monillas explained the proposed code of ethics was the result of discussions by the Public Safety & Personnel Committee, comprised of herself and then-Councilmember Peterson. Councilmember Bloom disagreed, referencing the above comment at the January 13, 2015 meeting when the Public Safety & Personnel Committee no longer existed. Councilmember Bloom referenced the list of meetings provided by Mr. Clifton when a code of ethics has been discussed. The proposed code is a watered down version of all the issues that have been addressed in the past. Mayor Pro Tern Fraley-Monillas suggested Councilmember Bloom amend the proposed code of ethics. Councilmember Bloom assumed the Council would be reviewing both the Shoreline Code of Ethics which she felt was much more substantial and much better than just the bullet points that are contained in the proposed code of ethics. She requested an opportunity to explain why she felt the Shoreline Code of Ethics was a better model than the proposed code of ethics. Mayor Pro Tern Fraley-Monillas advised Attachment 13, Edmonds Code of Ethics, was the document the Public Safety & Personnel Committee produced for Council review. She asked whether the Council had to vote to remove the proposed code as presented by the committee. City Attorney Jeff Taraday responded this is a study session; like any other topic, the purpose of discussion is general direction and the Council does not need to be overly formal about how that happens. Unless there is a document that everyone wants to adopt, he suggested the Council determine which document is the most appropriate starting point from which to make any other amendments. Councilmember Buckshnis referred to the January 13, 2015 minutes where Mayor Pro Tern Fraley- Monillas, Councilmember Petso and she talk about process. She referred to a comment by Mayor Pro Tern Fraley-Monillas that ethics means different things to different people which is why the code was shortened and bulleted and that Mayor Pro Tern Fraley-Monillas and then-Councilmember Peterson began with the Shoreline language but eliminated portions they felt it were too subjective. Mayor Pro Tern Fraley-Monillas asked whether the January 13, 2015 minutes say anything about Councilmembers providing more information. Councilmember Buckshnis answered yes, Councilmember Mesaros suggested removing employees from the opening paragraph and she also provided some corrections which were incorporated into the draft in Attachment 13. Councilmember Petso suggested allowing Councilmember Bloom to present her concerns. Councilmember Mesaros agreed. In comparing Shoreline's Code of Ethics and the proposed Edmonds Code of Ethics, Councilmember Bloom pointed out the statement of who the code of ethics applies to is significant different. "The purpose of the City of Shoreline Code of Ethics is to strengthen the quality of government through ethical principles which shall govern the conduct of the City's elected and appointed officials, and employees, who shall:" The code of ethics drafted by Mayor Pro Tern Fraley-Monillas and then-Councilmember Peterson, states, "The purpose of the Edmonds Code of Ethics is to strengthen the quality of government through ethical principles which call govern the conduct of elected officials and appointed citizen volunteers serving in an official capacity (i.e. Boards and Commissions)." Mayor Pro Tern Fraley- Monillas explained appointed officials and employees was removed because the City has its own code of ethics for staff. Edmonds City Council Approved Minutes April 14, 2015 Page 13 Councilmember Bloom responded there are several issues related to that including that appointed official has never been clearly defined and a definition of an appointed official is needed. In Shoreline's Code of Ethics, an appointed official may mean all the directors who are appointed by the Mayor and confirmed by Council and it may mean all the appointed boards and commission members. She personally strongly believed at a minimum the directors who are appointed officials who enact code and law needed to be covered under the code of ethics. Councilmember Bloom referred to Attachment 3, Employee Responsibilities and Code of Ethics, and the the title of Section 10.1, General Code of Conduct. She reiterated people get code of conduct and code of ethics mixed up. Attachment 3 is a code of conduct. The only ethical issues are outside employment and conflict of interest, reporting improper government action, procedure for seeking relief against retaliation, political activities, no smoking policy, personal possessions and electronic communications. None of it includes the bullet points in the draft code of ethics. Mayor Pro Tern Fraley-Monillas reiterated the directors were not included because it was determined they would be covered by the City's code. Councilmember Bloom said there is nothing about ethics in the City's Personnel Policies. Ms. Hite said directors are definitely covered under the Personnel Policies; they are nonrepresented employees and are not under collective bargaining agreements. A chapter was added in 2012 entitled Code of Ethics that reflected what was in the previous Personnel Policies as well as additional language to cover nonrepresented employees with regard to code of ethics. In addition, when the job descriptions were updated, the first bullet in every director's job description is that they will follow all laws, rules, regulations and codes. The Mayor oversees, supervisors, disciplines, evaluates, and directs the work of the directors; the Council does not. Councilmember Bloom said Attachment 3 does not contain anything about a code of ethics other than conflicts of interest. Ms. Hite said the Council could discuss enhancing that section of the Personnel Policies. Councilmember Bloom reiterated she has been involved in this for more than three years. Every code of ethics she has reviewed has included appointed officials. Again, the City does not have a definition, but the directors are appointed officials. Many other codes of ethics include staff. Councilmember Mesaros asked Mr. Taraday to define appointed officials and whether directors are included in the State of Washington as appointed officials. Mr. Taraday answered he believed directors would be considered officials but so are Planning Board Members and the City Attorney. Being an official should not govern the substance of how one is treated for disciplinary processes based on a violation of a code of ethics. An official who is an employee would be treated and disciplined by the Mayor; there would be a different process for a Planning Board Member. If the City Attorney committed an ethical violation, that would be yet another process because he is a contractor to the City. There are different categories of officials and the disciplinary process differs depending on the category. Similar ethical standards can be applied that all these groups would need to live up to, but it makes sense to have all the employee -related standards in the Personnel Policies so everyone knows where to find them. For him and the Planning Board Member for whom the Personnel Policies do not apply, it may make sense to have a standalone document code of ethics that applies to non -employee officials. Councilmember Mesaros observed the draft Edmonds Code of Ethics in the packet states it shall govern the conduct of elected officials and appointed citizen volunteers. Mr. Taraday said the draft in the packet reflects an intent to apply it to City Council and boards and commissions. Councilmember Mesaros relayed Councilmember Bloom is intimating the proposed is unclear as written it applies only to elected officials and appointed citizen volunteers. Edmonds City Council Approved Minutes April 14, 2015 Page 14 Councilmember Bloom understood Mr. Taraday's comments with regard to discipline, she was referring to what other cities do and why. The piece of the proposed Edmonds Code of Ethics that several citizens have commented on is the need for enforcement and holding people accountable. If volunteer boards and commissioners are officials, at a minimum staff appointed officials should be included. Other cities also include staff members. Disciplinary action can be meted out by whomever but there needs to be a consistent code of ethics that governs everyone and a process for a citizen to follow when they have a concern about an ethical violation and someone who will take action to hold the person accountable. She summarized there were multiple layers associated with a code of ethics. Mayor Pro Tern Fraley-Monillas recalled she and then-Councilmember Peterson discussed having a board of some sort that would look at ethical violations but felt there were many resources for looking at a violation of ethics by an elected official. She pointed out technically Councilmembers are not supervised by anyone; there is no board that can take action with regard to an elected. She recalled the Edmonds Council filed a censorship on one of its Councilmembers because it was felt the situation that warranted that level of action. She and then-Councilmember Peterson did not feel it was appropriate to create a board to consider complaints regarding volunteer board and commission members because any egregious situation with a board or commission member should be addressed by the Council as a whole. She summarized they felt creating a board to consider alleged violations was creating an extra layer that was unlikely to do much good with regard to the behavior of an elected official or board/commission member. Mr. Taraday clarified what he was suggesting was not that there needs to be a substantive difference in what the standards say but there needs to be a difference in where they are located; they could say nearly the same thing. Councilmember Bloom said if there was a standard code of ethics that applied to all elected appointed officials and staff as Shoreline's does, it could be updated as needed. What the City has needed for over three years is a code of ethics; the proposed Edmonds Code of Ethics does not do what she has been working on for years. When this process began, she used the Bainbridge Island Ethics Policy that includes a Code of Ethics, an Ethics Board, and procedures. Edmonds has none of that. Her goal was simply to get a code of ethics drafted that people can actually understand. The proposed Edmonds Code of Ethics does not have enough delineation to identify what the bullet points mean. Mayor Pro Tern Fraley-Monillas said she wished something had been passed while Councilmember Bloom was on the Public Safety & Personnel Committee. When she and then-Councilmember Peterson were on the committee, the proposed code of ethics is what they forwarded to the Council. Councilmember Bloom said the Council did not want to pass anything at that point. She recognized she should not have started with the gold standard, Bainbridge Island's Ethics Policy. Mayor Pro Tern Fraley- Monillas said the Public Safety & Personnel Committee was not tasked with looking at the policies that the committee had considered in the past. Councilmember Petso said she was not a proponent of the code of ethics concept, but supported Councilmember Bloom's concern that the code of ethics as drafted in Attachment 13 did not have sufficient detail to give her an idea of the conduct being regulated or expected. For example, the Shoreline Code of Ethics states, `Be dedicated to the highest ideas of honor and integrity in all public and personal relationship." That could be construed very broadly. Mayor Pro Tern Fraley-Monillas asked what that meant. Councilmember Petso said that is Councilmember Bloom's point, what does that mean. The Shoreline Code of Ethics provides details regarding what that means, conducting personal affairs in such a way that it does not appear to improperly influencing the performance of their official duties. Councilmember Petso suggested if everyone can agree that more details can be provided regarding the bullet points in the proposed Edmonds Code of Ethics as they relate to the job of a Councilmember, Councilmember Bloom and one or more Councilmembers could develop a draft that provides the detail she is seeking.. Mayor Pro Tem Fraley-Monillas said this is the draft that the Public Safety & Personnel Edmonds City Council Approved Minutes April 14, 2015 Page 15 Committee reviewed and forwarded to the Council. She and then-Councilmember Peterson reviewed the details in Shoreline's Code of Ethics and felt it detracted from the bullet points. Councilmember Mesaros took exception to Councilmember Bloom's comment that no one would understand the Attachment 13 code of ethics. There are plenty of things people would understand and see it as a higher expressed standard of how elected officials and appointed citizen volunteers should act in their official capacity representing the City. Councilmember Bloom questioned Mayor Pro Tern Fraley-Monillas' comments about what the Public Safety & Personnel Committee was charged to do. What actually happened was the Shoreline Code of Ethics was presented by a citizen and then-Councilmember Peterson and Mayor Pro Tern Fraley-Monillas took the bullet points and removed the rest. She referred to Mayor Pro Tern Fraley-Monillas' question about what it meant after Councilmember Petso read the bullet point regarding be dedicated to the highest ideals of honor and integrity in all public and personal relationships; that is one of the bullet points in the code of ethics in Attachment 13. She referred to Shoreline's Code of Ethics, "Seek no favor; believe that personal benefit or profit secured by confidential information or by misuse of public time is dishonest." That was changed slightly in Attachment 13 to, "Seek no favor; do not personally benefit or profit by confidential information or by the misuse of public resources." In the Shoreline document there are eight bullet points referring to business interests, private employment, confidential information, gifts, investments in conflict with official duties, personal relationships, and business relationships. The details in Shoreline's code are important for Council as well as citizens; it provides a check and balance and accountability. Councilmember Buckshnis said she personally likes some of the things in Shoreline's Code of Ethics especially considering what is happening with Bothell's Mayor. She had no problem with adding some language to Attachment 13 although she agreed some of Shoreline's Code of Ethics was too detailed. She suggested it may be easier to start with a draft and work through the changes. Councilmember Mesaros suggested review of Attachment 13 be scheduled on next week's agenda and if Councilmembers want to make amendments, it could be done during a voting meeting. Council President Pro Tern Johnson said the code of ethics has been an evolution. It may not be exactly what Shoreline chose to do but she was happy with Attachment 13's broad general approach with exception of the last bullet (Follow Washington statutes, city ordinances or regulations in the course of performing duties) because although it was implicit in the work elected officials do, it was asking too much of boards and commissions. For example, the Planning Board has an advisory role and obtains advice from City staff and she did not want them to have to follow a stricter standard. Councilmember Bloom begged the Council to let her work on this with one other person and bring it back to Council. She reiterated there was not enough delineation in the code of ethics in Attachment 13. She has been working on this since she became a Councilmember and did not want to just adopt Attachment 13. She questioned whether committees were still in place when Mayor Pro Tern Fraley-Monillas and then-Councilmember Peterson finalized Attachment 13. Councilmember Petso suggested rather than scheduling amendments to Attachment 13 on next week's agenda, the Council allow Councilmember Bloom to submit another variation for the Council's consideration. The alternative under Roberts Rules is to suspend the rules next week to have another wide-ranging discussion like tonight or consider Councilmember Bloom's amendments one by one. She preferred if there was the potential for significant amendments to the code of ethics, Councilmember Bloom develop materials in advance for review by the public and Council. Edmonds City Council Approved Minutes April 14, 2015 Page 16 Councilmember Nelson recommended the Council vote on something next week and make amendments if necessary. Although there have been many references to Shoreline, many things are done in Edmonds because they make sense for Edmonds. Shoreline's Code of Ethics can be a model but it may not necessarily be an appropriate model for Edmonds. Mayor Pro Tern Fraley-Monillas observed she has heard two recommendations, 1) bring back Attachment 13 back next week for potential amendment, and 2) provide Councilmember Bloom an opportunity to provide a new draft next week. Councilmember Bloom said she could not have her version ready by next week. Councilmember Buckshnis offered to work with Councilmember Bloom. It was the consensus of the Council to schedule this on a future agenda to allow Councilmembers Buckshnis and Bloom time to develop another draft. 12. AMENDING THE CITY CODE REGARDING DELINQUENCY CHARGES, THRESHOLD ACCOUNT BALANCES, AND TURN -ON AND TURN-OFF CHARGES Parks & Recreation Carrie Hite relayed she was presenting this for Public Works Director Phil Williams who could not attend tonight's meeting due to a family emergency. The intent was to clean up the code language with regard to delinquency charges: • Amend the City's utility billing delinquency charge of 10% of the outstanding balance to $25 • Amend the threshold for account balances to be considered delinquent from $21 to $40. Accounts with overdue balances under $40 would not be considered delinquent and will not be charged the delinquent charge • Amend the City's Turn -on and Turn-off charges for non -regular working hours from $75 to $125. Councilmember Petso expressed concern with the language in Section 7.10.025: "The decision of the administrative services director can be appealed to the Finance Committee of the Edmonds City Council" as that committee does not currently exist. She suggested moving this to a future agenda as an item for full Council discussion to provide staff time to make changes to that language. Ms. Hite suggested changing it to appeal to the Edmonds City Council. Councilmember Mesaros agreed with that change. City Attorney Jeff Taraday said Finance Director Scott James is also interested in the change to a $25 delinquency charge being retroactive to all existing delinquent accounts to simplify administration of delinquency calculations. Councilmember Petso asked if an executive session was necessary regarding that proposed change. Mr. Taraday answered only if she believed there was potential litigation related to that change. It was the consensus of the Council to schedule this for full Council on a future agenda. 13. MAYOR'S COMMENTS Mayor Pro Tem. Fraley-Monillas reported Mayor Earling is vacationing in Hawaii. 14. COUNCIL COMMENTS Councilmember Buckshnis referred to an article in the Seattle Times Pacific NW regarding the identity crisis of the Salish Sea that reinforces Edmonds is doing the right thing daylighting Willow Creek. Another great article follows about local artists the Vamaus and their labyrinth garden. Councilmember Bloom said she was unable to open many of the attachments in the code of ethics agenda item, including the 9/9/14 Public Safety & Personnel Committee minutes. She recalled the last committee Edmonds City Council Approved Minutes April 14, 2015 Page 17 meetings were in August and the committee meeting minutes available on the City website indicate the last committee meetings were August 2014. Councilmember Bloom referred to the minutes of January 13, 2015 that state Item 14, Continued Discussions on the Study Sessions, was postponed to a future meeting. The Council has never come back to that and it is not on the extended agenda. She said the code of ethics should be addressed in committee, a forum where citizens can provide comment, instead it has been referred to study sessions. Now she is charged with revising the code of ethics when that is an appropriate activity for a committee. She requested the Council review the concept of study sessions because she did not think it was working. Mayor Pro Tern Fraley-Monillas assured then-Councilmember Peterson and she did not meet outside a committee meeting; this draft was completed in the September 9, 2014 Public Safety & Personnel Committee. Mayor Pro Tern Fraley-Monillas reported she was asked to give the welcoming remarks at the Senior Center annual meeting; she thanked Councilmember Mesaros for being their guest speaker. She was also asked to attend a presentation at Westgate Elementary to celebrate and empower the leadership in all of us. She and other community leaders toured classrooms, listened to positive programs for elementary schools. Westgate Elementary is hoping other schools will celebrate and empower leadership. 15. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.1100)(i) This item was not needed. 16. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 17. ADJOURN With no further business, the Council meeting was adjourned at 9:55 p.m. Edmonds City Council Approved Minutes April 14, 2015 Page 18