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2010.10.12 CC Committee Meetings Agenda Packet                 AGENDA OCTOBER 12, 2010 CITY COUNCIL COMMITTEE MEETINGS Regular Meeting Time: 6:00 p.m. ~ Note: The CSDS Committee will begin at 6:15 p.m. The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The Committees will meet in separate meeting rooms as indicated below.                 1.Community/Development Services Committee Location:  Council Chambers   A. (10 Minutes)Review of organization and membership of Community Technology Advisory Committee.   B. (10 Minutes)Authorize $82,415 in motor vehicle fuel tax from the Street Construction/Improvement Fund (Fund #112) for the 2009 Asphalt Overlay Project.   C. (20 Minutes)Discussion on oversight of the Edmonds Underwater Park and use of buoys.   D. (15 Minutes)Discussion of Complete Streets Ordinance   E. (20 Minutes)Discussion on the 196th Street SW / 88th Avenue West Intersection Engineering Study.   2.Finance Committee Location:  Jury Meeting Room   A. (15 Minutes)Discussion of Mayor discretionary pay increases for vacant positions.   B. (10 Minutes)Discussion and review of debt service in Funds 125 and 126.   C. (15 Minutes)Edmonds Chamber of Commerce request for funding.   D. (15 Minutes)Health benefits process and consultant analysis.   E. (30 Minutes)Annual Non-Represented Compensation (NRC) Update.   F. (10 Minutes)Contract for Professional Services - City of Edmonds Prosecutor.   G. (5 Minutes)Ordinance relating to public records; amending Edmonds City Code 1.20.020 to make the Code consistent with 2010 legislation.   H. (10 Minutes)Monthly General Fund update. Packet Page 1 of 116   I. (10 Minutes)Public Comments (3-minute limit per person)   3.Public Safety Committee   The Public Safety Committee will not meet on October 12.   Packet Page 2 of 116 AM-3412   Item #: 1. A. City Council Committee Meetings Date: 10/12/2010 Time:10 Minutes   Submitted For:Council President Bernheim Submitted By:Jana Spellman Department:City Council Committee:Community/Development Services Type:Information Information Subject Title Review of organization and membership of Community Technology Advisory Committee. Recommendation from Mayor and Staff Previous Council Action During the November 23, 2004 Council Meeting the Council formed the Community Technology Advisory Board. Narrative The Community Technology Advisory Committee (CTAC) was established by Council action on November 23, 2004, but no specific structure or organizational guidance was provided. Since then, at least Bart Preecs, Rick Jenness, and Councilman Michael Plunkett have served as CTAC chair. Since the committee serves useful purposes and is likely to continue to do so, the council should decide whether to have formal procedures for appointing members to the committee and to select its chair. I propose the Council adopt simple rules of procedure pursuant to which each council member would appoint one person to the CTAC, and the members of the CTAC would select the annual chair. Attachments Attach 1 Nov 23 2004 CM Attach 2 - 06-09-10 Email re CTAC from S Snyder Form Review Inbox Reviewed By Date City Clerk Sandy Chase 10/07/2010 11:31 AM Mayor Mike Cooper 10/07/2010 02:51 PM Final Approval Sandy Chase 10/07/2010 03:37 PM Form Started By: Jana Spellman Started On: 09/28/2010 02:33 PM Final Approval Date: 10/07/2010  Packet Page 3 of 116 Edmonds City Council Approved Minutes November 23, 2004 Page 13 Councilmember Marin provided his observations of the Hekinan delegation at the two events he attended, the dedication of the “Friendship Tree” and dinner and exchange of gifts. He pointed out not only does Hekinan have a friendly relationship with Edmonds, they also contributed approximately $6,000 to assist with the repair of Edmonds’ waterfront bulkhead. He presented a glass artwork to the Hekinan Council President and the Hekinan Council President presented a wall hanging that describes the friendship between Hekinan and Edmonds, created by Hekinan’s Council President. Ms. McLellan displayed and described a quilt presented by Hekinan to Edmonds. She also displayed a quilt presented to the Arts Festival Foundation by the Hekinan Cultural Association. Mr. McIntosh presented a wall hanging done by Hekinan’s Council President as a thank you to the Edmonds Senior Center for the reception they provided and for the use of their bus to transport the delegation. Cultural Resource Coordinator Frances Chapin displayed a wall hanging done by Hekinan’s Council President for the Arts Commission and a lithograph by a Hekinan artist presented by the Hekinan Mayor’s office to the Edmonds Mayor’s office. Mr. McIntosh thanked the Council and Mayor for their continued support of the Sister City relationship. Mayor Haakenson expressed his appreciation to Mr. McIntosh for his efforts with regard to the Sister City program. 6. AUDIENCE COMMENTS Rowena Miller, 8711 182nd Avenue SW, Edmonds, expressed her thanks to the Council for what they did to protect the environment in Edmonds and making it a good place to live. She pointed out for Mr. Snyder and the Council that many of the people interested in the environment did attend Planning Board meetings, Architectural Design Board meetings and Council meetings in an effort to maintain the small town character of Edmonds and prevent a lot of high buildings in the downtown area. 8. PRESENTATION – USING TELECOMMUNICATIONS FOR ALL CITIZENS Councilmember Moore explained she asked that this topic be scheduled on the agenda as an outgrowth of the Community Outreach Committee. She explained when the Committee was established last year, they began by studying ways to use the public access channel, Channel 21, as a better communication device for citizens but discovered this was a much larger issue than just the public access channel. She noted the goal of this presentation was to have the Council establish a Community Technology Advisory Board that would bring together experts in the community to advise the Council on setting policy in the telecommunications field. Bart Preecs, 4 Park Place, Edmonds, a marketing professional in telecommunications and software, explained the term Community Technology was selected to cast as wide an umbrella over wireless broadband, fiber optic networks, public access cable, etc., noting the field was literally exploding with opportunities. He described national trends and local opportunities/issues, explaining the goals were to foster economic development, improve services, strengthen community involvement, and upgrade community self -concept. Mr. Preecs noted the incumbent providers prefer the status quo; the goal would be to review existing assets, assess the status quo, survey other initiatives, gain holistic view of possibilities, assess technology, gather experience from other cities, gauge interest and create a forum for community involvement. Councilmember Moore noted City Attorney Scott Snyder was somewhat of an expert in how governments can affect the future of telecommunication provisions for their citizens. She noted Tacoma considered itself the most wired city, and although they did not make a lot of money with their system, Community Technology Advisory Board Packet Page 4 of 116 Edmonds City Council Approved Minutes November 23, 2004 Page 14 they lowered the consumer prices for citizens in Tacoma. She noted Seattle had also formed a Technology Advisory Board to assist the Council. She advised the consultan t who developed the Utopia project in Utah, a consortium of 17 cities who created their own utility to bring broadband to their cities, would be making a presentation to the Community Outreach Committee on December 2. COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCILMEMBER DAWSON, TO ESTABLISH A COMMUNITY TECHNOLOGY ADVISORY BOARD WITH MR. PREECS AS THE FIRST YEAR CHAIR, THE COUNCIL TO NOMINATE MEMBERS AND USE STAFF RESOURCES TO SOLICIT OTHER MEMBERS. Council President Plunkett asked how a Councilmember on the Technology Committee would be selected. Councilmember Moore noted there were a couple Councilmembers very qualified to participate on the Committee and suggested a Councilmember volunteer. Councilmember Orvis agreed to participate. MOTION CARRIED UNANIMOUSLY. 7. REPORT ON THE COMPREHENSIVE PLAN UPDATE Planning Manager Rob Chave reported the Critical Areas Ordinance, which the Council approved tonight, was one of the main components of the update. He explained the Planning Board was taking longer than anticipated with their review of the Downtown Waterfront Plan; a hearing was held at the end of October and another draft will be available in early December with another hearing on December 15. He anticipated the Planning Board would complete the Downtown Waterfront Plan at one of their first meetings in January and the Council could expect to see that material at the fourth meeting in January. Mr. Chave advised the State had been notified of the delay. He noted as he told the Planning Board, it was better to take the time necessary to complete the update rather than rush to an arbitrary deadline. He noted the delay did not jeopardize any funding, grants, etc. Mr. Chave referred to graphs in the Council packet that would be incorporated into the Comprehensive Plan. He explained Edmonds was an urban area and the net density in the City was already over five units per acre. This represents an increase over the past ten years from 4.9 dwelling units per acre to approximately 5.4 dwelling units per acre. He noted this increase in density in a city that was already 96% built out illustrated successful infill development. For Councilmember Moore, Mr. Chave explained the Growth Hearings Board has found that jurisdictions could not preclude density that was not urban, defined as four dwelling units per acre or more, unless there were specific reasons such as critical areas. He noted the 5.4 dwelling units per acre was the average residential zoning citywide. 9. MAYOR’S COMMENTS Mayor Haakenson commented on the senseless tragedy that occurred in the Seaview area of Edmonds yesterday. He offered thoughts and prayers to the friends and family of yesterday’s victims. He offered his personal thanks to the Edmonds Police Officers who spent the day and night at the crime scene and particularly those Officers and Firefighters who had to actually enter the home upon their arrival, noting what they found had a profound impact on them particularly those who have children of their own. 10. INDIVIDUAL COUNCIL REPORTS ON OUTSIDE COMMITTEE/BOARD MEETINGS Council President Plunkett advised tonight on the Consent Agenda the Council added a seventh member to the Historic Preservation Commission. On December 7, the Council would be considering a church for Comp Plan Update Historic Preservation Commission Packet Page 5 of 116 1 Chase, Sandy From:W. Scott Snyder [ssnyder@omwlaw.com] Sent:Wednesday, June 09, 2010 11:13 AM To:Michael Plunkett Cc:Chase, Sandy Subject:RE: CTAC Plunkett As an advisory board, the meetings and actions of the CTAC are subject to the Open Public Meetings Act.  It can take  action only at an open public meeting.  that meeting could be public (in a chat room format) but simply voting by email  would be an invalid action.  If this is going to be a standing council committee, I’d suggest that we draft an ordinance, set  a regular meeting date  and set this up through Sandy so that she publishes notices of special meetings.  Regular  meeting dates don’t require special notice but the agendas could be on the city web site.  Scott    From: Michael Plunkett [mailto:michaelppp98@yahoo.com] Sent: Thursday, June 03, 2010 1:29 PM To: W. Scott Snyder Subject: FW: CTAC Plunkett   Scott, please see the bold in the email below.  I’m chair of CTAC (Citizens Technology Advisory Committee), I encouraged  CTAC to not vote by email; however, as you can see from a report on the last meeting (I was out of town) CTAC decided  to vote via email. I don’t like the practice in general but my question to you is.  Insofar as CTAC is a duly constitute  committee of the City Council  can CTAC vote by mail? I don’t like it but what do you say from a legal stand‐point.  Michael Plunkett    From: Nancy Haug [mailto:nghaug3@msn.com] Sent: Thursday, June 03, 2010 12:13 PM To: Michael Plunkett Subject: Re: CTAC Plunkett   Hi Michael,  I sent a draft to Lorenzo immediately after our meeting a month ago and no action.  I read the  letter to CTAC on tues and there were a couple of suggestions to incorporate.  I am doing that today and will  send to Cindi for distribution to the group.  It was agreed that the group would react and vote by email to  move the issue forward.  The consensus it to approve and move it along to the council.   I am also working on a "how did we get to this point" doc for broad band in Edmonds.  Our 5 years of study  and recommendation is somewhat maligned in the public eyes with comments about how we have wasted  money.  This history doc will also be circulated and tweaked by CTAC and then Lorenzo said he would have it  posted in the finance area on the web site.   We need to light a fire under Lorenzo for he is holding the keys to making the business plan effort work both  for the sub group of the EDC and for CTAC.  He committed last time to get public works involved in seeing  about using the new technique of cutting the street and installing the fiber in that protective conduit rather  then digging the whole street up to install traditional conduit.  The method will work around town and is much  cheaper than digging.  A code change or at least public works approval is needed.  This is important because it  could be used to lite up Harbor Square and Stevens Hospital.   We also need to get Lorenzo to work on the  pricing element so we can move forward with our targets of opportunities.  CTA and the EDC is waiting for  these steps so we can move our work forward.   Packet Page 6 of 116 2 If you can give Lorenzo a little push and get him committed to meeting with the EDC sub group ( I sit on the  team and CTAC so I can be a bridge of the joint efforts.) that would help move the issues forward.  Hopefully  you can cut am paste things from this message and not send my remarks that shows Lorenzo as the hold up. Darrol From: Michael Plunkett Sent: Thursday, June 03, 2010 11:19 AM To: nghaug3@msn.com Subject: CTAC Plunkett Hello Darrell,  Can you get me up to speed on where we are at with the draft letter/resolution to the Council on internet in Council  Chambers? Is it coming back for CTAC for a final vote? Or did CTAC give you authority to just send it out?  Michael Plunkett  Packet Page 7 of 116 AM-3434   Item #: 1. B. City Council Committee Meetings Date: 10/12/2010 Time:10 Minutes   Submitted By:Robert English Department:Engineering Committee:Community/Development Services Type:Action Information Subject Title Authorize $82,415 in motor vehicle fuel tax from the Street Construction/Improvement Fund (Fund #112) for the 2009 Asphalt Overlay Project. Recommendation from Mayor and Staff Council authorize $82,415 in motor vehicle fuel tax from the Street Construction/Improvement Fund (Fund #112) for the 2009 Asphalt Overlay Project. Previous Council Action On June 23, 2009, Council authorized Staff to advertise for bids on the 2009 Asphalt Overlay Project. On August 17, 2009, Council awarded a contract to Cemex Construction Materials Pacific LLC for the 2009 Asphalt Overlay Project. Narrative In 2009, the City secured a $999,985 federal grant through the American Recovery and Reinvestment Act (ARRA) for the City's 2009 overlay project. The grant provided funds to overlay Dayton Street between SR104 and 5th Ave and 212th St. between 84th Ave and 72nd Ave and replace the decorative crosswalks at the intersection of Dayton St. and 5th Avenue. During construction the project experienced increased project costs related to pavement repairs, installation of curb ramps for ADA compliance and flagging. The additional pavement repairs were needed on Dayton and 212th Streets because sections of the underlying pavement were found to be in poor condition after the existing pavement surface was removed. The pavement section on Dayton Street was severely cracked in many areas and additional excavation, reinforcement fabric and pavement were added to support the new overlay. Similar conditions were found on 212th Street and pavement reinforcement fabric was also added to stabilize the existing pavement. Since this project was funded by a federal grant through the Federal Highway Administration (FHWA), the original contract plans called for the replacement of 60 sidewalk curb ramps at the intersections of public streets within the project limits on Dayton and 212th Street. The existing sidewalk curb ramps were removed and the new ramps built to comply with the current ADA standards. In consultation with FHWA and WSDOT during construction, it was determined that 14 additional sidewalk curb ramps should be added at driveways along 212th St. along with 2 new sidewalk ramps at the intersection of 212th St. and 72nd Ave. Additional flagging hours were required for the additional pavement repairs, replacement of sidewalk curb ramps and during construction of the pavement overlay. Additional flaggers were stationed on 212th St. near the high school and on Dayton St. in the downtown area during construction to provide a safe work zone for both pedestrians and construction workers. The City completed its review and discussions in September with the contractor, Cemex, and determined $82,415 is needed in addition to the federal grant funds to help pay for the pavement repairs, additional sidewalk curb ramps and flagging. Staff recommends this cost be paid from motor vehicle fuel tax from the Street Construction/Improvement Fund (Fund #112). The total construction cost for this project was $1,082,400 and the federal grant paid $999,985 leaving a balance of $82,415 to be paid from local funds. Form Review Inbox Reviewed By Date Packet Page 8 of 116 Engineering Robert English 10/07/2010 11:53 AM Public Works Phil Williams 10/07/2010 04:16 PM City Clerk Sandy Chase 10/07/2010 04:17 PM Mayor Mike Cooper 10/07/2010 04:27 PM Final Approval Sandy Chase 10/07/2010 04:28 PM Form Started By: Robert English Started On: 10/07/2010 10:12 AM Final Approval Date: 10/07/2010  Packet Page 9 of 116 AM-3427   Item #: 1. C. City Council Committee Meetings Date: 10/12/2010 Time:20 Minutes   Submitted By:Brian McIntosh Department:Parks and Recreation Committee:Community/Development Services Type:Information Information Subject Title Discussion on oversight of the Edmonds Underwater Park and use of buoys. Recommendation from Mayor and Staff Review topic Previous Council Action none Narrative Following email correspondence from a citizen to Mayor Cooper and City Councilmembers regarding buoys at the Edmonds Underwater Park Councilmember Petso requested an opportunity to discuss this topic at an upcoming CSDS Committee meeting. Attachments Buoys emails Underwater Park map Form Review Inbox Reviewed By Date City Clerk Sandy Chase 10/07/2010 11:31 AM Mayor Mike Cooper 10/07/2010 02:51 PM Final Approval Sandy Chase 10/07/2010 03:37 PM Form Started By: Brian McIntosh Started On: 10/05/2010 05:20 PM Final Approval Date: 10/07/2010  Packet Page 10 of 116 Packet Page 11 of 116 Packet Page 12 of 116 Packet Page 13 of 116 Packet Page 14 of 116 Packet Page 15 of 116 Packet Page 16 of 116 AM-3425   Item #: 1. D. City Council Committee Meetings Date: 10/12/2010 Time:15 Minutes   Submitted For:Councilman Strom Peterson Submitted By:Jana Spellman Department:City Council Committee:Community/Development Services Type:Information Information Subject Title Discussion of Complete Streets Ordinance Recommendation from Mayor and Staff N/A Previous Council Action None. Narrative There is growing recognition that the streets of our cities and towns have an important impact on the livability of our communities. Public streets should serve all members of the public – young, old, driver, bicyclist, walker, wheelchair user, or bus rider. Recognizing that too many streets were designed only for cars and failed to meet the needs of other users, a national “Complete Streets” movement began. Attach 1:  Complete Streets Memo Attach 2:  Complete Streets Ord. Attachments Attach 1: Complete Streets Memo Attach 2: Complete Streets Ord Form Review Inbox Reviewed By Date City Clerk Sandy Chase 10/07/2010 11:31 AM Mayor Mike Cooper 10/07/2010 02:51 PM Final Approval Sandy Chase 10/07/2010 03:37 PM Form Started By: Jana Spellman Started On: 10/05/2010 01:28 PM Final Approval Date: 10/07/2010  Packet Page 17 of 116 Memorandum To: Edmonds City Council From: Jeff Aken, Cascade Land Conservancy Date: September 24, 2010 Subject: Complete Streets Ordinance Streets designed only for cars – streets without safe places to walk, cross or catch a bus – are dangerous for other users, particularly children, older adults, and people with disabilities. Public rights- of-way should be designed to safely accommodate all users, including pedestrians, bicyclists, motorists and transit riders of all ages and abilities. Issue There is growing recognition that the streets of our cities and towns have an important impact on the livability of our communities. Public streets should serve all members of the public – young, old, driver, bicyclist, walker, wheelchair user, or bus rider. Recognizing that too many streets were designed only for cars and failed to meet the needs of other users, a national “Complete Streets” movement began. The movement has gained considerable regional attention through the efforts of advocacy groups such as the Cascade Land Conservancy, Cascade Bicycle Club, Feet First and Transportation Choices Coalition. Several regional cities including Kirkland, Seattle, Renton, Tacoma and others have adopted Complete Streets Ordinances that reflect commitment to safely accommodating all travel modes on their city streets. The Complete Streets Movement Currently, there is widespread citizen support for a Complete Streets Ordinance in the City of Edmonds. Furthermore, the City of Edmonds has policies and guidance included in goal A.1 of the Community Sustainability Element in the Comprehensive Plan and goal 2.4 in the Transportation Master Plan (TMP) that encourages the city to plan and design facilities for all users. In addition to the existing Comprehensive Plan and Transportation Plan policies and guidance, the City of Edmonds should adopt a Complete Streets Ordinance to further clarify and formalize Edmonds’ commitment to constructing transportation facilities that accommodate bicyclists, pedestrians, transit, and all other users. A Complete Streets Ordinance will codify regulations necessary to implement the policies already adopted by the City of Edmonds and ensure that transportation planners and engineers consistently design and operate the entire roadway with all users in mind. Complete Streets in Edmonds The Cascade Land Conservancy and Cascade Bicycle Club developed the attached Complete Streets Ordinance for your consideration based on model ordinances and information provided by the National Complete Streets Coalition, the National Policy and Analysis Network to Prevent Childhood Obesity (NPLAN), and other national and regional resources. Proposed Ordinance Packet Page 18 of 116 An Ordinance of the City of Edmonds to make Complete Streets practices a routine part of everyday operations and approach every transportation project as an opportunity to improve public streets for pedestrians, bicyclists, and transit users regardless of age or ability. WHEREAS, the term “Complete Streets” describes a comprehensive, integrated transportation network with infrastructure and design that allows safe and convenient travel for all users, including pedestrians, bicyclists, motor vehicle drivers, public transportation riders and drivers, and people of all ages and abilities, including children, youth, families, older adults, and individuals with disabilities; WHEREAS, more than 110,000 pedestrians and bicyclists are injured each year on roads in the United Statesi – with children and older adults at greatest risk and disproportionately affectedii - and the occurrence and severity of pedestrian and bicyclist injuries could readily be decreased by implementing Complete Streets practices;iii WHEREAS, the one-third of Americans do not drive – disproportionately represented by older adults, low-income people, people of color, people with disabilities, and children – would greatly benefit from the equitable distribution of safe alternative means of travel that result from Complete Streets practices;iv WHEREAS, the City of Edmonds has been a leader in implementing policies that recognize the importance of addressing the transportation needs of pedestrians, bicyclists, and public transportation riders, such as the Edmonds Transportation Plan, Bicycle Plan, and Sustainability Element of the Comprehensive Plan; WHEREAS, policy 2.4 in the Comprehensive Transportation Plan adopted in 2009, states that arterial and collector streets should be complete streets, that serve automobile, transit, pedestrian and bicycle travel and goal A.1 in the Comprehensive Plan Community Sustainability Element identifies complete streets as a policy that improves sustainability; WHEREAS, the City of Edmonds has enacted resolutions that promote reduced energy consumption (including Resolution No. 1129 and No.1168), and Complete Streets policies promote multimodal transportation which reduce carbon emissions; WHEREAS, the Edmonds City Council intends to improve the safety of city streets, enhance the quality of life of residents, encourage active living, and reduce traffic congestion and fossil fuel use by providing safe, convenient, and comfortable routes for walking, bicycling, and public transportation. NOW THEREFORE, the City Council does ordain as follows: SECTION I. Chapter 18.80, Streets and Sidewalks, of the Edmonds Municipal Code is hereby amended to include Packet Page 19 of 116 new section 18.80.015 that reads as follows: 18.80.015 Complete Streets. A. Purpose. The purpose of this section is to provide safe, convenient, and comfortable routes for walking, bicycling, and public transportation that encourage increased use of these modes of transportation, enable convenient travel as part of daily activities, improve the public welfare by addressing a wide array of health and environmental problems, and meet the needs of all users of the streets, including children, older adults, and people with disabilities. B. General. Public Works and the Development Services Department shall make Complete Streets practices a routine part of everyday operations in planning, development and construction of transportation projects, shall approach every transportation project and program as an opportunity to improve public streets and the transportation network for all Users, and shall work in coordination with other departments, agencies, and jurisdictions to achieve Complete Streets. C. Applicability. 1. New Projects. Construction, reconstruction, or significant alteration or repair of any public street shall include Complete Streets Infrastructure. 2. Existing Infrastructure. a. Retrofitting. Complete Streets Infrastructure shall be incorporated into existing public streets to improve the safety and convenience for all users. b. Upgrades during maintenance. If the safety and convenience of users can be improved within the scope of pavement resurfacing, restriping, or signalization operations on public streets, such projects shall implement Complete Streets Infrastructure. 3. Exceptions. Complete Streets Infrastructure may be excluded by the Development Services Director where documentation and data indicate that: a. Use by non-motorized users is prohibited by law; b. The cost of accommodating Complete Streets Infrastructure would be excessively disproportionate to the need or probable future use; c. The inclusion of such infrastructure would be contrary to public safety or generally accepted professional standards or practices; d. There is a documented absence of current or future need. SECTION II. Chapter 21.15, “C” Terms, of the Edmonds Municipal Code is hereby amended to include new section 21.15.079 that reads as follows: 21.15.079 Complete Streets Infrastructure. Packet Page 20 of 116 Complete Streets Infrastructure means design features that contribute to a safe, convenient, or comfortable travel experience for all users, including but not limited to: sidewalks; shared use paths; bicycle lanes; automobile lanes; paved shoulders; street trees and landscaping; planting strips and green infrastructure; accessible curb ramps; bulb outs; crosswalks; pedestrian and traffic signals; signage; street furniture; bicycle parking facilities; public transportation stops and facilities; transit priority signalization; traffic calming devices; and other features identified in the City of Edmonds Transportation Master Plan or applicable Public Works design standards. i NHTSA’s National Center for Statistics and Analysis. Traffic Safety Facts 2007 Data. DOT HS 810 993. Washington DC, p. 12. Available at: www.nhtsa.gov/portal/nhtsa_static_file_downloader.jsp?file=/staticfiles/DOT/NHTSA/NCSA/Content/TSF/2007/810993.pdf. ii Henary BY, Ivarsson J, Crandall JR. “The influence of age on the morbidity and mortality of pedestrian victims.” Traffic Inj Prev., 7(2): 182-90, June 2006; Henary BY, Crandall J, Bhalla K, Mock CN, Roudsari BS. “Child and adult pedestrian impact: the influence of vehicle type on injury severity.” Annu Proc Assoc Adv Automot Med, 47: 105-26, 2003. iii Von Kries R, Kohne C, Böhm O, von Voss H. “Road injuries in school age children: relation to environmental factors amenable to interventions.” Injury Prevention, 4(2): 103-5, June 1998. iv US Department of Transportation, Federal Highway Administration. “Highway Statistics Series.” Chapter 6, 2007. Available at: www.fhwa.dot.gov/policyinformation/statistics/2007/dl1c.cfm. Packet Page 21 of 116 AM-3431   Item #: 1. E. City Council Committee Meetings Date: 10/12/2010 Time:20 Minutes   Submitted For:Bertrand Hauss Submitted By:Megan Cruz Department:Engineering Committee:Community/Development Services Type:Information Information Subject Title Discussion on the 196th Street SW / 88th Avenue West Intersection Engineering Study. Recommendation from Mayor and Staff Previous Council Action On December 4, 2007, City Council did not approve the recommendation of converting the northbound movement of 88th Avenue West into a right turn only. Narrative In 2007, Gray & Osborne, Inc. was hired by the City to prepare an engineering study at the intersection of 196th Street SW @ 88th Avenue West. The purpose of the study was to evaluate alternatives to improve the safety at the intersection. The review included a consultation with WSDOT since improvements on 196th Street (State Route 524) would require their approval. The following alternatives were identified: • A) No Improvements • B) Limited Access – No Access from South Leg / No left turn from North Leg • C) Four-Way Stop • D) Traffic Signal • E) Intersection Realignment • F) Roundabout • G) Limited-Access- Right turn only from South Leg of 88th Ave. W Each alternative included an evaluation and cost estimate. Options C and D did not receive WSDOT support since the Manual of Uniform Traffic Control Devices (MUTCD) warrants were not met. Options E and F were not recommended due to the high cost. The final recommendation, supported by WSDOT, was to restrict the northbound movement on the south leg of 88th Avenue West to right turn only with the installation of a raised island and proper signage (Option G). This option was estimated to cost $15,000.  Staff didn’t recommend restricting movements for the north leg (Option B) since the study indicated that the sight distance was sufficient. The straight and left turn movements from the south leg were also statistically more dangerous than the north leg (approximately 4.5 times more dangerous) based on a three year accident history.  Attachments Attachment 1-Study Form Review Inbox Reviewed By Date Engineering Robert English 10/07/2010 11:48 AM Public Works Phil Williams 10/07/2010 04:16 PM City Clerk Sandy Chase 10/07/2010 04:17 PM Mayor Mike Cooper 10/07/2010 04:27 PM Final Approval Sandy Chase 10/07/2010 04:28 PM Form Started By: Megan Cruz Started On: 10/06/2010 04:41 PM Final Approval Date: 10/07/2010  Packet Page 22 of 116 P a c k e t P a g e 2 3 o f 1 1 6 P a c k e t P a g e 2 4 o f 1 1 6 P a c k e t P a g e 2 5 o f 1 1 6 P a c k e t P a g e 2 6 o f 1 1 6 P a c k e t P a g e 2 7 o f 1 1 6 P a c k e t P a g e 2 8 o f 1 1 6 P a c k e t P a g e 2 9 o f 1 1 6 P a c k e t P a g e 3 0 o f 1 1 6 P a c k e t P a g e 3 1 o f 1 1 6 P a c k e t P a g e 3 2 o f 1 1 6 P a c k e t P a g e 3 3 o f 1 1 6 P a c k e t P a g e 3 4 o f 1 1 6 P a c k e t P a g e 3 5 o f 1 1 6 P a c k e t P a g e 3 6 o f 1 1 6 P a c k e t P a g e 3 7 o f 1 1 6 P a c k e t P a g e 3 8 o f 1 1 6 P a c k e t P a g e 3 9 o f 1 1 6 Packet Page 40 of 116 P a c k e t P a g e 4 1 o f 1 1 6 P a c k e t P a g e 4 2 o f 1 1 6 P a c k e t P a g e 4 3 o f 1 1 6 P a c k e t P a g e 4 4 o f 1 1 6 P a c k e t P a g e 4 5 o f 1 1 6 P a c k e t P a g e 4 6 o f 1 1 6 P a c k e t P a g e 4 7 o f 1 1 6 P a c k e t P a g e 4 8 o f 1 1 6 P a c k e t P a g e 4 9 o f 1 1 6 P a c k e t P a g e 5 0 o f 1 1 6 P a c k e t P a g e 5 1 o f 1 1 6 P a c k e t P a g e 5 2 o f 1 1 6 P a c k e t P a g e 5 3 o f 1 1 6 Packet Page 54 of 116 Packet Page 55 of 116 Packet Page 56 of 116 Packet Page 57 of 116 Packet Page 58 of 116 P a c k e t P a g e 5 9 o f 1 1 6 P a c k e t P a g e 6 0 o f 1 1 6 P a c k e t P a g e 6 1 o f 1 1 6 P a c k e t P a g e 6 2 o f 1 1 6 P a c k e t P a g e 6 3 o f 1 1 6 AM-3406   Item #: 2. A. City Council Committee Meetings Date: 10/12/2010 Time:15 Minutes   Submitted For:Councilwoman Lora Petso Submitted By:Jana Spellman Department:City Council Committee:Finance Type: Information Subject Title Discussion of Mayor discretionary pay increases for vacant positions. Recommendation from Mayor and Staff Previous Council Action Previous Council Action: 2/26/2008 adopted Ordinance 3680, paragraph 1.4, authorizing the Mayor to pay an additional 5% to non-represented employees who are covering for a vacant position. Attachment 1:  Feb. 26, 2008 Council Minutes Councilmember Petso has requested that the 9/14/2010 Finance Committeee consider rescinding paragraph 1.4 of Ordinance 3680 authorizing an additional 5% pay for employees covering for a vacant position.  Rescinding the policy may encourage the City to fill vacant positions, resulting in a higher level of service to Citizens and a reduced workload for the employees. In the event the City determines that a position need not be filled because the duties can be covered by other employees, the position could be eliminated. Attachment 2: Ordinance 3680 The Finance took the following action: D. Discussion of Mayor discretionary pay increases for vacant position Debi Humann discussed the history and the supporting ordinance, which gives the Mayor this discretion. The committee will keep the issue pending further discussion. Narrative Per the Committee's recommendation, it will again be discussing this item. Attachments Attach 1 - Feb 26 2008 CM Attach 2 - Ord. 3680 Form Review Inbox Reviewed By Date City Clerk Sandy Chase 10/07/2010 11:31 AM Mayor Mike Cooper 10/07/2010 02:51 PM Final Approval Sandy Chase 10/07/2010 03:37 PM Form Started By: Jana Spellman Started On: 09/23/2010  Final Approval Date: 10/07/2010  Packet Page 64 of 116 Edmonds City Council Approved Minutes February 26, 2008 Page 5 CHAPTER 84.55 RCW? THIS PROPOSITION IS NOT AN EXCESS LEVY AND IS SUBJECT TO OTHERWISE APPLICABLE STATUTORY LIMITS. SHOULD THIS PROPOSITION BE APPROVED? YES OR NO *PUBLIC COMMENT WILL BE RECEIVED BOTH PRO AND CON REGARDING THIS PROPOSED RESOLUTION OF SUPPORT Mayor Haakenson invited public comment. There were no members of the public present who wished to provide comment. COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, FOR APPROVAL OF RESOLUTION NO. 1167. MOTION CARRIED UNANIMOUSLY. The resolution approved reads as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, REQUESTING THE VOTERS SUPPORT A PROPOSITION TO RESTORE THE CITY’S EMERGENCY MEDICAL SERVICES LEVY TO $.50 PER $1,000 OF ASSESSED VALUATION. 6. ORDINANCE ESTABLISHING THE SALARY RANGES FOR NON-REPRESENTED AND EXEMPT PERSONNEL FOR BUDGET YEAR 2008. Human Resources Manager Debi Humann reviewed the four areas covered by the Annual Compensation Ordinance: 1. Section 1.1 details the updated 2008 Hourly Employee Wage Schedule and accompanying pay grade and title sheets (Exhibit A). She advised the Hourly Employee Wage Schedule was updated annually based on the Washington State minimum wage law. In addition, the titles of hourly positions were reviewed annually and minor changes made. 2. Section 1.2 of the ordinance includes the updated 2008 Non-Represented Employee Pay Schedule (Exhibit B). She recalled non-represented compensation had been the subject of much debate over the past three years. Last year the Council approved a new Non-Represented Employee Policy (NRC). Per the NRC policy, the pay schedule was updated annually through a survey process. The proposed 2008 non-represented employee pay schedule reflects the results of the survey as well as a 3.5% COLA. 3. Section 1.3 of the ordinance authorizes the Mayor to approve merit increases for non-represented employees based on anniversary dates within the band established in compliance with the NRC compensation policy. She noted although this was not a new practice, the ordinance establishes the method by which merit increases are provided. 4. Section 1.4 gives authority to the Mayor to provide additional compensation to non-represented employees who were doing their job along with the duties of an additional vacant position for a period exceeding 30 days. Ms. Humann advised the ordinance was reviewed by the Finance Committee at their February 12 meeting and was recommended for review by the full Council. Council President Plunkett asked whether the provision that allowed the Mayor to provide additional compensation under certain circumstances was reviewed by the Finance Committee. Ms. Humann answered yes. Finance Committee member Councilmember Wambolt recalled Mayor Haakenson informed the Committee he would make the proposal to the Council. Ms. Humann agreed it was not included in the ordinance considered by the Finance Committee but it was discussed. City Attorney Scott Snyder advised he drafted the section last week. Res# 1167 – Support EMS Levy Lid Lift – May 20, 2008 Special Election Establish Salary Ranges for Non Represented and Exempt Personnel Packet Page 65 of 116 Edmonds City Council Approved Minutes February 26, 2008 Page 6 Councilmember Bernheim asked whether the Finance Committee members felt that issue had been adequately discussed. Councilmember Wambolt did not recall there was any discussion; the concept was introduced but there was no discussion between Committee members. Mayor Haakenson recalled there was a reporter in the audience and it was decided not to go into detail so that it was not reported in the newspaper before the Council had an opportunity to consider it. Mr. Snyder explained both the union contracts and the City’s personnel manual had a similar process when an employee was covering two jobs or working out of class; however, there was nothing similar at the director level. Ms. Humann advised the current City policy and collective bargaining allowed for an additional increase for a staff member working in their position who took on a supervisory role or duties of higher pay grade. She noted at the non-represented level, it was becoming more common that staff were doing their full-time job as well as taking on additional positions that may not be at a higher salary level with no way to provide any compensation. She commented the proposed additional compensation was intended to reward employees performing two jobs in excess of 30 days. Mr. Snyder commented the Economic Development Director position had been vacant for a substantial period of time and Stephen Clifton had been covering that position as well as Community Development Director. As a non-represented employee, he did not receive overtime and worked a substantial number of hours. He noted a public employee could not be provided a bonus and could not be compensated retroactively. Ms. Humann pointed out repeated efforts to fill the Economic Development Director position had been unsuccessful. Councilmember Bernheim observed currently directors who worked additional hours were not compensated. Ms. Humann agreed. Mr. Snyder explained for employees covered by collective bargaining that issue was addressed by the contract. A non-represented employee not at a director level was covered by the City’s personnel policies; director’s compensation was established in bands in the annual salary ordinance. Absent Council authorization, there was no way to provide additional compensation. Councilmember Bernheim asked about comp time. Mr. Snyder answered comp time was applicable only to those covered by the Fair Labor Standards Act and receive additional compensation. At a director level the individual works as much or as little as necessary to perform his job; in this situation the person is covering two jobs, working in excess of 40 hours per week and there was no way to compensate him. Councilmember Bernheim clarified his questions were in no way related to the specific staff member, only the ordinance which could apply in other instances. Mayor Haakenson clarified this situation had only arisen twice in the past ten years, both in the last two months. Ms. Humann reiterated this would only apply to a person doing their own job plus another position for a period of over 30 days. Council President Plunkett observed the policy exists in concept but not for directors. Mr. Snyder agreed. Mayor Haakenson clarified it existed for union bargain units but not non-represented employees. Councilmember Wambolt referred to the comment that a director was not being compensated for working additional hours and not receiving comp time. Ms. Humann advised directors did not accumulate comp time. Mr. Snyder advised exempt employees’ salaries could not be docked; they performed their job or were subject to discharge. Councilmember Wambolt did not object to compensating a person temporarily assuming a higher level position. In this instance, if the person in question were provided an additional 5%, they would be the second highest paid employee in the City, above the Police Chief. He noted the Economic Development Director position and Community Services Director position had only one person reporting to it. Packet Page 66 of 116 Edmonds City Council Approved Minutes February 26, 2008 Page 7 Observing that the additional 5% would result in a salary of over $130,000/year, he found that inappropriate and he would not support it. Ms. Humann pointed out an advantage was the City was not paying a salary for both positions. Councilmember Wambolt assured he had nothing against the individual, noting there was likely not a finer employee, but there were only 24 hours in a day to perform his job duties. Councilmember Bernheim commented if the City could not afford an Economic Development Director, that position should be eliminated and if the position was essential, the City should find the money to fund it. He was willing to approve the ordinance, referring Section 1.4 to the Finance Committee for further vetting such as regarding the issue of comp time. He suggested the Council could also approve Section 1.4 with a 3-month sunset provision and in the meantime refer the issue to the Finance Committee. Councilmember Wilson commented according to the pay grade and title, an Intern was paid more than a Crime Prevention Officer Assistant and the Chief Information Officer and Wastewater Treatment Plant Supervisor were included in the same band. He observed the City did not seem to have a good sense of what the market paid and based on feedback from staff, the City was not keeping pace with private industry and was doing more with less such as the Community Services Director doing his job as well as the Economic Development Director duties. He asked whether this was a symptom of a larger problem that needed to be addressed. Mayor Haakenson commented he was amazed at the amount of time spent discussing the non-represented employees’ pay when there were 43 non-represented employees compared to 282 total employees. He noted approximately 240 of City employees were covered by union contracts which the Council approves. Staff has developed different ways over the years of conducting salary surveys to ensure the City was paying comparable salaries which he believed the City was, and the Council’s policy had been to pay in the mid-range. With regard to Councilmember Bernheim’s comment regarding whether an Economic Development Director was needed, Mayor Haakenson explained the Council made a decision to fill the Economic Development Director position, it was a budgeted position, and there was no argument that the City could not afford the position; it was simply that a satisfactory candidate had not been identified and the approximately $100,000 salary had not been paid for the past two years. The proposal was to pay an already overworked employee approximately $5,000 to do a second job. He noted last week the Council allocated that much to fund the 2-1-1 call center. Mayor Haakenson emphasized those 43 people were dedicated, quality employees who were doing their job for far less than they could get if they worked elsewhere. The approximately $5,000 increase for the period of time that person did both jobs was well worth the savings of not filling the position and he did an amazing job. It was a temporary situation; if it were to become permanent, the job description would need to be rewritten. He summarized the position was funded in the budget and having the employee do both jobs saved the taxpayers approximately $90,000 a year. He agreed the City’s employees did more than employees in other cities, noting Lynnwood had 150 more employees and 10,000 fewer citizens. He emphasized the employees were the City’s most valuable commodity and they deserved to be paid fairly; without them, nothing would be accomplished. Councilmember Wilson assured there was no question of the value of Mr. Clifton to the City and $5,000 was well worth the cost, noting hiring someone would cost much more than the proposed 5%. He was supportive of the ordinance, but had underlying concerns. For example although he had participated in Executive Session regarding contract negotiations, he felt what was presented was fait accompli. He acknowledged the City’s staff was the best, did more with less and deserved to be paid adequately and if the administration felt they needed to be paid more, he would support that including working to pass the EMS levy. He noted even if the EMS levy passed, the City would not have sufficient revenue to fund Packet Page 67 of 116 Edmonds City Council Approved Minutes February 26, 2008 Page 8 services beyond the next biennium which likely would require a general property tax increase, utility tax increases or service reductions. With regard to comp time, Mayor Haakenson explained if a Director worked 48-50 hours one week and asked to take Friday off, he approved it. He acknowledged that could be considered comp time but he considered it a balancing act. Councilmember Bernheim commented the proposal was not an increase for Mr. Clifton; if that was the intent, it should be worded in that manner. The proposal was a blanket authorization to the Mayor to provide additional compensation when multiple jobs were performed. He noted he voted against the funding for 2-1-1 and regretted he did not vote against the $250,000 for a consultant on the Transportation Comprehensive Plan. He wanted to ensure this blanket power was adequately vetted by Council Committee. He did not recall any Council discussion when Mr. Clifton assumed the duties of the Economic Development Director nor was it conditioned on a pay increase. Mayor Haakenson answered there was little point referring the matter to committee when all seven Councilmembers were present and staff was available to discuss the matter. He pointed out although Councilmember Bernheim was not comfortable with providing the Mayor that power in an unusual circumstance, that was the Mayor’s responsibility and the Council should be confident he would use it as intended. Councilmember Bernheim noted his question regarding comp time had been answered two different ways. Mayor Haakenson answered although it was not called comp time, it worked like comp time. Mr. Snyder advised compensatory time under the Fair Labor Standards Act had a very technical meaning; it was money in the bank that could be cashed out at any time and was subject to taxation. What Mayor Haakenson and Councilmember Wambolt were discussing was an exempt employee not entitled to overtime being given flexibility in their hours. He noted an employee could not be paid retroactively outside a union contract. One of the reasons this arose was the situation was unanticipated because it has been assumed the Economic Development Director position would have been filled by now. COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE ORDINANCE NO. 3680. Councilmember Dawson commented there were two items in the ordinance; the first was approval of the pay grades for non-represented employees. The information provided indicated the rates were comparable to other organizations and she found it appropriate for the Council to approve those pay rates. With regard to the second issue, allowing the Mayor to provide a 5% interest to a director working out of class, she found it appropriate to institute such a policy rather than acting on a case-by-case basis. She noted represented positions working out of class were paid for the position they were performing. The current situation was unusual in that the employee was performing two jobs, one of which paid less than his current salary. She noted there were two ways to address the situation, 1) the work of the Economic Development Director was not done, noting the Council has agreed they wanted the work of the Economic Development Director done, or 2) eliminate the Economic Development Director position. She found it appropriate the additional 5% would not be paid until the person was performing the additional job for 30 days, noting employees at the executive level often helped out with other positions; however, it was appropriate to compensate an employee expected to perform two jobs for an extended period of time. She summarized the Economic Development Director was an important position for the City to fund and it was appropriate to compensate someone in the interim for doing two jobs. Councilmember Olson commented on the importance of someone doing the Economic Development Director job, acting as the liaison between businesses and the City and new businesses resulted in increased revenues. Packet Page 68 of 116 Edmonds City Council Approved Minutes February 26, 2008 Page 9 For Councilmember Wambolt, Mayor Haakenson assured Mr. Clifton had not requested the additional compensation and in fact knew nothing about it as he was on vacation. Mayor Haakenson explained although Mr. Clifton may benefit from the policy, the reason it was proposed was to provide additional compensation when appropriate. Councilmember Wambolt commented there was nothing more emotional for employees than the fairness of their compensation. He noted the amount of Council discussion regarding this issue was not the amount of money but the principle. He pointed out a person earning $130,000 a year was not paid for the hours they worked; they were paid for their skills. He could support the proposal if it was to compensate a person performing a higher level position such as when the Assistant Police Chief performed the duties of the Police Chief. Councilmember Wilson commented their may be some broader policy issues related to personnel and fairness that the Finance Committee may want to discuss. He found the proposed policy sufficiently narrow, empowering the Mayor with another tool, noting he trusted Mayor Haakenson and a majority of the citizens trusted him. Councilmember Dawson commented she was not suggesting that an executive level employee be paid by the hour; she was recognizing that it would take an executive doing two jobs longer to do both jobs well and therefore additional compensation was appropriate. She noted few people could do two executive positions well or do them at the same time. For those who could, it was appropriate to provide them additional compensation. She noted the City had the tools to pay an employee working above their level but not for an employee performing two separate jobs at the same time for over 30 days. Council President Plunkett observed since neither of the two Finance Committee members indicated the process violated the responsibilities of the Committee, he would support the motion. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCIL PRESIDENT PLUNKETT AND COUNCILMEMBERS OLSON, WILSON AND DAWSON IN FAVOR; AND COUNCILMEMBERS BERNHEIM, ORVIS AND WAMBOLT OPPOSED. The ordinance approved reads as follows: ORDINANCE NO. 3680 OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING THE SALARY RANGES FOR NON-REPRESENTED AND EXEMPT PERSONNEL FOR BUDGET YEAR 2008, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. 7. VERIZON FRANCHISE - CONSORTIUM City Attorney Scott Snyder explained the City’s franchise with Comcast for cable television expired in three years; therefore, under federal statute the City was entering the three year negotiation period, a process that could be formal or informal. Comcast is a Section 6 cable provider under the Telecommunications Act that also offers Section 2 phone services as part of their triple-play service. Verizon is in the process of installing fiber throughout the region and the nation to offer the same triple- play service and will be a Section 2 telephone company offering Section 6 cable communication service. Under new FCC regulations, cities are required to have in place a 90-day process for competitive franchises. When Verizon files an application the City will have 90 days to consider their application; therefore, any decisions regarding process were extremely time sensitive. He noted a competitive situation was one in which there was already an existing cable franchisee, in this case Comcast. Under level playing field requirements, when Verizon files an application, they are entitled to a franchise. Therefore, although the City was about to renegotiate their franchise with Comcast, Verizon would get the same franchise. He noted this was occurring in a very unstable setting; every year over the past three years the Telecommunications Act has been under scrutiny in Congress and cynics believe it would have Ord# 3680 Salary Ranges for Non- Represented & Exempt Personnel Verizon Franchise - Consortium Packet Page 69 of 116 Packet Page 70 of 116 AM-3435   Item #: 2. B. City Council Committee Meetings Date: 10/12/2010 Time:10 Minutes   Submitted For:Councilwoman Petso Submitted By:Jana Spellman Department:City Council Committee:Finance Type:Information Information Subject Title Discussion and review of debt service in Funds 125 and 126. Recommendation from Mayor and Staff For information only. Previous Council Action The Finance Committee discussed this item on September 14, 2010 (minutes attached). Narrative Discussion and review of debt service in Funds 125 and 126. Attachments Sept 14 2010 Finance Com Min 2010 REET Debt Summary Form Review Inbox Reviewed By Date City Clerk Sandy Chase 10/07/2010 11:31 AM Mayor Mike Cooper 10/07/2010 02:51 PM Final Approval Sandy Chase 10/07/2010 03:37 PM Form Started By: Jana Spellman Started On: 10/07/2010  Final Approval Date: 10/07/2010  Packet Page 71 of 116 FINANCE COMMITTEE MEETING MINUTES September 14, 2010 6:00 PM R:\COUNCIL\FINANCE COMMITTEE\09-14-2010\9-14-10 MINUTES.DOCX Present: Councilmember Bernheim Councilmember Plunkett Councilmember Buckshnis Councilmember Wilson Councilmember Fraley-Monillas Staff: Al Compaan, Chief of Police Lorenzo Hines Jr., Director, Finance and Information Services Debi Humann, Human Resources Director Sandy Chase, City Clerk Carl Nelson, Chief Information Officer Public: Ron Wambolt Don Hall Darrol Haug Bruce Wittenberg Roger Hertrich Councilmember Plunkett called the meeting to order at 6:00 PM. A. Edmonds Chamber of Commerce request for funding Committee members briefly discussed the request. The committee proposed to invite the Chamber of Commerce to make a presentation to the committee regarding the funding request. B. Non-Represented Compensation Policy (NRC) Councilman Plunkett clarified that the existing NRC recommendation for next year will be taken up as a salary ordinance in association with the budget. Tonight’s NRC topic is in relationship to the future of ongoing NRC policies. The Committee asked Debi Humann questions to better understand the current policy. The Committee recommended that full council, with the help of a consultant, review the NRC. C. Discussion and review of debt service in Funds 125 and 126 Councilman Plunkett asked for information regarding the history and funding methodology for project debt service supported by fund 126. Mr. Hines referred the committee to the Director of Parks, who could give them the history behind the projects, and to the City attorney who could give them the legal requirements of both funds. Mr. Hines also referred the committee to the REET overview that Mr. Hines provided at the Council retreat earlier this year. The committee will keep the issue pending further discussion. Packet Page 72 of 116 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 126 Purpose 2010 Appropriation Principal balance attributed to Fund 126 at 12/31/2009 Original principal balance attributed to Fund 126 2001 BONDS, B - PRINCIPAL Marina Beach purchase 100,000$ 1,595,000$ 2,260,000$ 2001 BONDS, B - INTEREST Marina Beach purchase 82,668 2007 LTGO BOND - PRINCIPAL Francis Anderson Ctr. Seismic Project 15,990 367,770 407,940 2007 LTGO BOND - INTEREST Francis Anderson Ctr. Seismic Project 13,882 1998 REF BOND PRINCIPAL City Hall Acquisition and Development 345,591 1,665,455 3,099,290 1998 REF BOND INTEREST City Hall Acquisition and Development 71,673 2002 LTGO Issue REET Share of Edmonds Ctr for the Arts 70,792 950,232 Grand Total 700,596$ 3,628,225$ 6,717,462$ REAL ESTATE EXCISE TAX 2 125 REAL ESTATE EXCISE TAX DEBT SCHEDULES 8/5/2010 No Bond Debt Scheduled Packet Page 73 of 116 AM-3409   Item #: 2. C. City Council Committee Meetings Date: 10/12/2010 Time:15 Minutes   Submitted For:Councilman Plunkett Submitted By:Jana Spellman Department:City Council Committee:Finance Type:Information Information Subject Title Edmonds Chamber of Commerce request for funding. Recommendation from Mayor and Staff Previous Council Action In May 2010, the Council received a letter from the Edmonds Chamber of Commerce Foundation requesting $5,000 to help defray the costs of the 4th of July celebration put on by the Chamber. On June 1, 2010, Mr. Ron Clyborne, 4th of July Committee Chairman and Vice President of the Chamber, spoke during the Community Service Announcements informing the public of the upcoming July 4th event and again asked the City to help by donating $5,000 for this event. This item was brought before the 9/14/2010 Finance Committee.  During that meeting, Committee members briefly discussed the request. The Committee proposed to invite the Chamber of Commerce to make a presentation to the committee regarding the funding request. Attach 1: Letter dated May 21, 2010 from Chamber. Attach 2: June 1, 2010 Council Minutes.   Narrative The Edmonds Chamber of Commerce will make a presentation to the Finance Committee regarding the funding request. Attachments Attach 1 - May 2010 Chamber 4th of July Ltr Attach 2 - June 1 2010 Approved City Council Minutes Attach 3 - Costs of 4th of July 2010 Form Review Inbox Reviewed By Date City Clerk Sandy Chase 10/07/2010 11:31 AM Mayor Mike Cooper 10/07/2010 02:51 PM Final Approval Sandy Chase 10/07/2010 03:37 PM Form Started By: Jana Spellman Started On: 09/28/2010  Final Approval Date: 10/07/2010  Packet Page 74 of 116 Packet Page 75 of 116 Edmonds City Council Approved Minutes June 1, 2010 Page 1 EDMONDS CITY COUNCIL APPROVED MINUTES June 1, 2010 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Strom Peterson, Council President Pro Tem Michael Plunkett, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember ELECTED OFFICIALS ABSENT Steve Bernheim, Council President D. J. Wilson, Councilmember ALSO PRESENT Graham Marmion, Student Representative STAFF PRESENT Gerry Gannon, Assistant Police Chief Rob Chave, Planning Manager Leonard Yarberry, Building Official Debi Humann, Human Resources Director Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCIL PRESIDENT PRO TEM PETERSON MOVED, SECONDED BY COUNCILMEMBER FRALEY-MONILLAS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF MAY 25, 2010. C. APPROVAL OF CLAIM CHECKS #119126 TO #119246 DATED MAY 27, 2010 FOR $511,626.90. D. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM VERIZON (AMOUNT UNDETERMINED), AND ERIN GRAAFSTRA ($6,994.26). 3. COMMUNITY SERVICE ANNOUNCEMENT - GREATER EDMONDS CHAMBER OF COMMERCE / 4TH OF JULY EVENTS. Ron Clyborne referred to a letter provided by the Chamber of Commerce regarding their request for funding from the City for the 4th of July events. He explained the Chamber’s mission was to organize a family oriented Independence Day in Edmonds to attract visitors and enhance the small town atmosphere. Packet Page 76 of 116 Edmonds City Council Approved Minutes June 1, 2010 Page 2 The Greater Edmonds Chamber of Commerce has been organizing events since 1907 and recently formed the Edmonds Chamber Foundation, a 501(c)(3), to allow the public to make tax deductable donations. One of the most worthy events the Chamber organizes each year is the 4th of July parade and fireworks, daylong festivities that build memories for thousands. He cited last year’s Children’s Parade that had over 2,000 participants and 8,000 spectators who watched the 2-hour main parade. He anticipated increased participation and spectators this year due to Lynnwood and Mountlake Terrace’s cancelling their 4th of July celebrations. Musical entertainment and a fireworks display complete the daylong event. Mr. Clyborne explained the cost of the entire event is substantial and in the past have been covered by sponsorships and donations by the business community and the public. Despite the challenge of raising the necessary funds every year, the Chamber believes this event is critical to the community feeling and civic pride woven into the fabric of Edmonds. He urged the public to consider a donation to the Edmonds Chamber Foundation to help sponsor the 4th of July events. Mr. Clyborne provided the schedule of 4th of July events: Fun Run 11:00 a.m. Children’s Parade 12:30 p.m. Main Parade 1:00 p.m. Evening Entertainment 7:30 p.m. Fireworks 10:00 p.m. Councilmember Fraley-Monillas asked where the public could make donations. Mr. Clyborne provided the Chamber’s phone number, 425-670-1496, and the Chamber’s website: EdmondsWA.com. Mayor Haakenson commented few people realize how much effort and money the Chamber puts into the 4th of July events. He expressed his thanks to Mr. Clyborne and the Chamber for hosting the events every year. He relayed his conversations with Executive Director Jan Vance who indicated the Chamber was on the verge of not having this event in the future. He urged the public to contribute if they wanted Edmonds’ 4th of July events to continue. Councilmember Buckshnis anticipated the ability for the public to make tax deductible donations to the Chamber Foundation would encourage donations. 4. MIKE DOUBLEDAY - WASHINGTON STATE LEGISLATIVE SESSION RECAP. Legislative Lobbyist Mike Doubleday referred to the Final 2010 State Legislative Report in the Council packet. He provided the following highlights of the 2010 State Legislative Session: • $250,000 was provided in the supplemental transportation budget for the Shell Valley Emergency Road Access project. He recognized Representatives Marko Liias and Judy Clibborn for their assistance with that funding. He recommended the City spend those funds by the end of the biennium, June 2011. • A local government fiscal flexibility bill was passed that will allow Edmonds to: o Levy a 0.1% public safety sales tax increase with voter approval; 1/3 of the funds must be used for criminal justice purposes, o Eliminates the non-supplant language for the existing 0.1% criminal justice sales tax, and o Permits the City to continue to collect the tax on brokered natural gas • The state revenue package through application of a sales tax on bottled water, candy and gum will provide more funds to cities. Estimates are this source will generate $28 million to cities and counties statewide. The tax on bottled water will sunset in three years; there is no sunset date on the sales tax on candy and gum. Packet Page 77 of 116 Packet Page 78 of 116 AM-3430   Item #: 2. D. City Council Committee Meetings Date: 10/12/2010 Time:15 Minutes   Submitted By:Debi Humann Department:Human Resources Committee:Finance Type:Action Information Subject Title Health benefits process and consultant analysis. Recommendation from Mayor and Staff As stated in the attached report/memorandum, because of the inability of the market to quote the City of Edmonds, as well as the impact of Health Care Reform issues, and for all the other detailed reasons contained in the attachment, the Health Benefits Committee (HBC) and staff recommend that the City remain with AWC for its health insurance needs.   With our two health insurance plans being eliminated on January 1, 2012, the HBC and staff further recommends meeting with representatives from AWC to have them assist in determining which of the replacement plans will best suit the needs of the employees, Council, and our financial objectives.  The HBC proposes that we meet with AWC as soon as possible and bring alternative plan choices back to the Finance Committee and City Council for review and approval. Previous Council Action Human Resources Director Debi Humann has met periodically with the Finance Committee to keep them informed as to the progress of the Health Benefits Committee.  Narrative As stated in the attached report/memorandum, as well as stated in the "Recommendation from Mayor and Staff" box, after much research and consideration, the Health Benefits Committee, Wells Fargo, our volunteer consultant, Jack Loos, and HR Staff, recommend that the City remain with AWC for its health insurance needs.  Attachments Report/Memo  Form Review Inbox Reviewed By Date City Clerk Sandy Chase 10/06/2010 03:03 PM Mayor Mike Cooper 10/07/2010 02:51 PM Final Approval Sandy Chase 10/07/2010 03:37 PM Form Started By: Debi Humann Started On: 10/06/2010 02:28 PM Final Approval Date: 10/07/2010  Packet Page 79 of 116 Packet Page 80 of 116 Packet Page 81 of 116 Packet Page 82 of 116 Packet Page 83 of 116 Packet Page 84 of 116 Packet Page 85 of 116 Packet Page 86 of 116 Packet Page 87 of 116 AM-3438   Item #: 2. E. City Council Committee Meetings Date: 10/12/2010 Time:30 Minutes   Submitted By:Debi Humann Department:Human Resources Committee:Finance Type:Action Information Subject Title Annual Non-Represented Compensation (NRC) Update. Recommendation from Mayor and Staff Staff respectfully requests that the Finance Committee approve the annual Non-Represented Compensation update including: 1.  Approving the 2011 Non-Represented Employee Pay Schedule reflecting the annual survey results as per the NRC policy 2.  Approving the updated Non-Represented Compensation Policy reflecting title changes that have occurred over the last two years.  With approval of the Finance Committee, staff requests that the above items move forward to the full Council for review and approval. Previous Council Action The Non-Represented Employee Pay Schedule is brought to Finance Committee, followed by City Council, on an annual basis per the Non-Represented Compensation Policy. Narrative Attachments NRC Materials Form Review Inbox Reviewed By Date City Clerk Sandy Chase 10/07/2010 11:59 AM Mayor Mike Cooper 10/07/2010 02:51 PM Final Approval Sandy Chase 10/07/2010 03:37 PM Form Started By: Debi Humann Started On: 10/07/2010 11:34 AM Final Approval Date: 10/07/2010  Packet Page 88 of 116 Packet Page 89 of 116 Packet Page 90 of 116 Packet Page 91 of 116 Packet Page 92 of 116 Packet Page 93 of 116 Packet Page 94 of 116 Packet Page 95 of 116 Packet Page 96 of 116 Packet Page 97 of 116 AM-3441   Item #: 2. F. City Council Committee Meetings Date: 10/12/2010 Time:10 Minutes   Submitted By:Al Compaan Department:Police Department Committee:Finance Type:Action Information Subject Title Contract for Professional Services - City of Edmonds Prosecutor. Recommendation from Mayor and Staff Approve for Consent Agenda Previous Council Action Narrative The City presently has a professional services contract with Zachor Thomas, Inc. for prosecution services. The contract term under the present agreement was from April 1, 2008 through March 31, 2010, with a renewal clause for up to two one-year extensions without further action of the parties. The current monthly retainer per the contract is $11,330.00. Due to the addition of two weekly Edmonds Municipal Court calendars in April 2010, over and above what was contemplated for obligated services in the present contract, City staff and Zachor Thomas feel it appropriate to enter into a new professional services contract, effective November 1, 2010, and running through December 31, 2012, for a fixed monthly retainer of $13,000.00 during the term of the contract. This new monthly retainer, accommodating the two additional calendars, is financially advantageous to the City compared to hourly billing under the current contract for the additional services rendered. Draft contract has been reviewed as to form and content by the City Attorney. Fiscal Impact Fiscal Year:2011 Revenue:Expenditure:$156,000 Fiscal Impact: Non-Departmental General Fund budget Attachments Draft Zachor Thomas Contract 11-1-2010 thru 12-31-2012 Existing Zachor Thomas Contract 4-1-2008 thru 3-31-2010 Form Review Inbox Reviewed By Date City Clerk Sandy Chase 10/07/2010 03:36 PM Mayor Mike Cooper 10/07/2010 04:27 PM Final Approval Sandy Chase 10/07/2010 04:28 PM Form Started By: Al Compaan Started On: 10/07/2010 03:04 PM Final Approval Date: 10/07/2010  Packet Page 98 of 116 Page 1 dlh.contracts.10.prosecutor.final.doc CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR WHEREAS, the City of Edmonds has established its municipal court under provisions of Chapter 3.50 RCW in the Edmonds City Code and Chapter 2.15; and WHEREAS, the City wishes to contract with a skilled firm with attorneys familiar with the prosecution of criminal and infraction matters involving allegations of violation of municipal ordinances; and WHEREAS, the law firm of Zachor & Thomas, Inc., P.S. (the principals who are H. James Zachor, Jr. and Melanie S. Thomas Dane) and its attorneys are licensed to practice law in the State of Washington with experience as prosecutors within the State of Washington and the City of Edmonds, and WHEREAS, the City of Edmonds and Zachor & Thomas, Inc. have a contract for prosecutorial services that the parties wish to amend because there has been an increase of two additional calendars by Edmonds Municipal Court that requires the attendance by Zachor & Thomas, Inc.; and WHEREAS, additional compensation for said added calendars would otherwise be calculated on an hourly basis under the existing contract; and NOW THEREFORE, in consideration of the mutual promises and benefits to be derived, this Contract is entered into on the date specified hereafter between the City of Edmonds, a municipal corporation, (hereafter referred to as the “City”) and Zachor & Thomas, Inc., P.S. (hereafter referred to as the “Prosecutor”), subject to the terms and conditions set forth below: 1. Duties: The Prosecutor shall provide the following services: 1.1 Review police incident reports for determination of charging; 1.2 Maintain all current cases in an appropriate filing system; 1.3 Review and remain familiar with filed criminal misdemeanor and gross misdemeanor cases; 1.4 Interview witnesses as necessary in preparation of prosecution of cases; 1.5 Respond to discovery requests, make sentence recommendations and prepare legal memoranda, when necessary; 1.6 Prepare cases for trial, including the issuance of witness subpoenas (for service by the Police Department, when applicable), conduct evidence retrieval (with the assistance of the Police Department and other City agencies), and prepare jury instructions, as necessary; Packet Page 99 of 116 Page 2 dlh.contracts.10.prosecutor.final.doc 1.7 To assist the City Attorney, when applicable, in response to Public Disclosure requests; 1.8 Represent the City at all arraignments, pretrial hearings, motion hearings, review hearings, in-custody hearings, and trials as scheduled in 2010; 1.9 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2010; 1.10 Represent the City in the prosecution of drug, felony, and firearm forfeitures that are filed by the City in the Edmonds Municipal Court, Lynnwood Municipal Court, or heard in Mountlake Terrace. Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter. Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing. 1.11 Be available to the Police Department for questions at all times, by providing appropriate telephone numbers, cell phone numbers, e- mail addresses, and voice mail access. Calls are to be returned by the next business day. At a time and date to be mutually agreed upon by the parties, the Prosecutor shall conduct yearly training with the Police Department. The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours, when the Prosecutor is available. 1.12 Consult with the City Attorney, as needed, regarding Edmonds City Code amendments. 1.13 Services provided under this agreement play an important part in fostering public confidence in the criminal justice system and are an important and essential part of law enforcement. All services provided under this agreement shall be in accord with the Rules of Professional Responsibility, local court rules and the normal standard of care among prosecutors in Western Washington. 2. Compensation 2.1 Base Rate. The Prosecutor shall receive a monthly retainer of THIRTEEN THOUSAND DOLLARS ($13,000.00) per month for performance of those duties set forth in paragraph 1 above beginning November 1, 2010. Packet Page 100 of 116 Page 3 dlh.contracts.10.prosecutor.final.doc 2.2 Hourly Rate. Services performed outside the scope of the duties described in paragraph 1 above, or which may be mutually agreed upon to be added at a later date, shall be in addition to the base rate set forth in paragraph 2.1. Absent a separate agreement, those services shall be billed at a rate of ONE HUNDRED DOLLARS ($100.00) per hour. Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($100.00) per hour. Any other cases filed at the Court of Appeals, cases filed at the Supreme Court, cases filed in the Snohomish County District Court; forfeiture cases filed in courts other than the Edmonds Municipal Court, Lynnwood Municipal Court, or heard in Mountlake Terrace, which require the appearance of the Prosecutor; and such other activities agreed to by the City and the Prosecutor, shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($125.00) per hour. The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court. 2.3 Fees Review. The schedule of fees provided for in paragraph 2.1 and 2.2 shall apply for the contract period reflected in Article 4. Should the court substantially alter the requirements of the Prosecutor, the Prosecutor shall provide notification to the City. Changes in fees shall be proposed by the Prosecutor to the Mayor. Any changes must be mutually agreed to by the Mayor and the Prosecutor, and then must be approved by City Council. Upon acceptance by all parties, the changes will be made a part of this Agreement. 2.4 Costs. The City shall be the sole obligor and shall pay all witness fees, expert witness fees (including but not limited to Speed Measuring Device Experts), transcript and document fees for RALJ appeals cases, and interpreters’ fees determined to be necessary by the Prosecutor in the preparation and disposition of its cases. The City shall approve all other anticipated fees, before such expense is incurred. The City will not unreasonably delay in granting approval of such expenses. The City further agrees to hold the Prosecutor harmless from such expenses and costs as set forth hereinabove. 2.5 Assistant Prosecutors. The City contracts with the Prosecutor for a monthly fee for prosecution services. Should the Prosecutor be absent, it shall be the responsibility of the Prosecutor to provide substitute coverage with a properly licensed State of Washington Packet Page 101 of 116 Page 4 dlh.contracts.10.prosecutor.final.doc attorney, who has been previously approved by the City through its Police Chief. In the event of a dispute regarding approval of any individual, the City Council shall be final arbiter. All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building. If a “Conflict Prosecutor” is required, such “Conflict Prosecutor” shall be approved by the City through its Police Chief. In the event of a dispute regarding approval of any individual, the City Council shall be final arbiter. The Prosecutor is responsible for any costs associated with the “Conflict Prosecutor.” 3. Term of Contract. The Term of this Contract shall be from the first day of November 2010 through December 31, 2012. Upon the effective date of this Contract, all other existing contracts between the parties for prosecutorial services shall terminate. 4. Termination. The attorney/client relationship is personal and involves the ability of the parties to communicate and maintain credibility. Therefore, the Prosecutor and/or the City Council, in its sole legislative discretion, reserve the right to terminate this Contract upon one hundred twenty (120) days written notice. This contract may be terminated by either party at any time for cause. By way of illustration, and not limitation, cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract. 5. Ownership. All City of Edmonds’ files and other documents maintained by the Prosecutor shall be the files of the City of Edmonds and accessible by the City through its City Attorney or other duly authorized representative during normal business hours, subject to the Washington State Bar Association Rules of Ethics. At the request of the City, any and all files maintained by the Prosecutor shall be tendered to the City, subject to the terms and conditions of this Contract and the Washington State Bar Association Rules of Ethics. All equipment and facilities furnished by the City shall remain the sole property of the City. Any equipment, facilities and materials provided by the Prosecutor shall remain the sole property of the Prosecutor. 6. Independent Contractor. The Prosecutor and its assistants are professionals and independent contractors, acting without direct supervision. The Prosecutor waives any claim in the nature of a tax, charge, cost or employee benefit that would attach if the Prosecutor or its assistants were held to be employees of the City. 7. Insurance. The Prosecutor shall maintain a policy of professional liability and malpractice insurance throughout the term of this Contract. Packet Page 102 of 116 Page 5 dlh.contracts.10.prosecutor.final.doc 8. Indemnity. 8.1 So long as the Prosecutor is acting within the scope of this Contract and in accord with its ethical responsibilities under the provisions of the Rules of Professional Conduct established by the Washington Supreme Court, it shall be entitled to legal defense and representation as an official of the City in accord with the provisions of Chapter 2.06 ECC. Nothing herein shall be interpreted to require defense or indemnity for acts beyond the scope of this Contract, including, but not limited to, tortuous or wrongful acts committed by the Prosecutor. 8.2 Nothing herein shall be interpreted to require the Prosecutor to indemnify the City, its officers, agents or employees from loss, claim or liability arising from the negligent, wrongful or tortuous conduct of the City, its officers, agents or employees. 8.3 Nothing herein shall be interpreted to require the City to indemnify the Prosecutor, its officers, agents or employees from loss, claim or liability arising from negligent, wrongful or tortuous conduct of the Prosecutor, its officers, agents or employees. 9. Sole Contract Between the Parties and Amendment. This Contract is the sole written Contract between the parties. Any prior written or oral understanding shall merge with this Contract. It shall be amended only by the express written consent of the parties hereto. Packet Page 103 of 116 Page 6 dlh.contracts.10.prosecutor.final.doc DATED this ____________ day of ______________, 2010. CITY OF EDMONDS: PROSECUTOR: Zachor & Thomas, Inc., P.S. BY: ___________________________ BY:________________________ Mayor Gary Haakenson H. James Zachor, Jr., President ATTEST/AUTHENTICATED: ________________________________ City Clerk, Sandra S. Chase APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY ________________________________ W. Scott Snyder Packet Page 104 of 116 Packet Page 105 of 116 Packet Page 106 of 116 Packet Page 107 of 116 Packet Page 108 of 116 Packet Page 109 of 116 Packet Page 110 of 116 AM-3436   Item #: 2. G. City Council Committee Meetings Date: 10/12/2010 Time:5 Minutes   Submitted By:Sandy Chase Department:City Clerk's Office Committee:Finance Type:Action Information Subject Title Ordinance relating to public records; amending Edmonds City Code 1.20.020 to make the Code consistent with 2010 legislation. Recommendation from Mayor and Staff It is recommended that the Finance Committee place approval of the ordinance on the next available City Council consent agenda. Previous Council Action N/A Narrative Under Chapter 69, Laws of 2010, the state legislature amended RCW 42.56.520 to authorize agencies to respond to public records requests under the Public Records Act by providing online access to requested records.  The City Attorney's Office prepared the attached proposed Ordinance that updates the City Code to reflect this change and make the Code consistent with the 2010 legislation.   The paragraph that is recommended to be added to the Code in section 1.20.020 is regarding a method of providing the records and reads as follows: "Providing an internet address and link on the city's website to the specific records requested, except that if the requester notifies the city that he or she cannot access the records through the internet, then the city will provide access to copies or allow the requester to view the records using a city computer." Attachments Proposed Ordinance Form Review Inbox Reviewed By Date Mayor Mike Cooper 10/07/2010 02:51 PM Final Approval Sandy Chase 10/07/2010 03:37 PM Form Started By: Sandy Chase Started On: 10/07/2010 10:47 AM Final Approval Date: 10/07/2010  Packet Page 111 of 116 {ASB823546.DOC;1\00006.900000\ } - 1 - 000006.900000 ASB 09/21/2010 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON RELATING TO PUBLIC RECORDS; AMENDING SECTION 1.20.020 OF THE EDMONDS CITY CODE; PROVIDING FOR SEVERABILITY AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, under Chapter 69, Laws of 2010, the state legislature amended RCW 42.56.520 to authorize agencies to respond to public records requests under the Public Records Act by providing online access to requested records; and WHEREAS, section 1.20.020 of the Edmonds City Code relating to disclosure of public records should be revised to make the same consistent with the 2010 legislation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment of Section 1.20 ECC. Section 1.20.020 of the Edmonds City Code is hereby amended as follows: 1.20.020 Response or denial of request. A. Responses to requests for public records shall be made promptly and pursuant to guidelines established in Chapter 42.56 RCW. Within five business days of receiving a written public record request, the city must respond by either: 1. Providing the record; or 2. Providing an internet address and link on the city’s website to the specific records requested, except that if the requester notifies the city that he or she cannot access the records Packet Page 112 of 116 {ASB823546.DOC;1\00006.900000\ } - 2 - through the internet, then the city will provide access to copies or allow the requester to view the records using a city computer; or 23. Acknowledging that the city has received the request and providing a reasonable estimate of the time the city will require to respond to the request; or 34. Denying the public record request. Denials must be accompanied by a written statement of specific reasons therefor. B. Public records may be made available on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for public inspection or disclosure. Additional time required to respond to a request may be based on the need to clarify the intent of the request, to locate and assemble the information request, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. The city may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the city need not respond to it. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance shall take effect five days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE COOPER ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE Packet Page 113 of 116 {ASB823546.DOC;1\00006.900000\ } - 3 - APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 114 of 116 {ASB823546.DOC;1\00006.900000\ }{ASB652555.DOC;1/00006.900000/}- 4 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2010, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON RELATING TO PUBLIC RECORDS; AMENDING SECTION 1.20.020 OF THE EDMONDS CITY CODE; PROVIDING FOR SEVERABILITY AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2010. CITY CLERK, SANDRA S. CHASE Packet Page 115 of 116 AM-3437   Item #: 2. H. City Council Committee Meetings Date: 10/12/2010 Time:10 Minutes   Submitted By:Lorenzo Hines Department:Finance Committee:Finance Type:Information Information Subject Title Monthly General Fund update. Recommendation from Mayor and Staff None Previous Council Action None Narrative Due to the development and completion of the Mayor's 2011 Budget, the monthly reports for July and August will be available during the latter half of the week of 10/11/2011.  The council is welcome to review exhibits 1 - 4 of the Mayor's budget to ascertain the projected 2010 YE estimate for the General Fund. Form Review Inbox Reviewed By Date City Clerk Sandy Chase 10/07/2010 11:31 AM Mayor Mike Cooper 10/07/2010 02:51 PM Final Approval Sandy Chase 10/07/2010 03:37 PM Form Started By: Lorenzo Hines Started On: 10/07/2010 10:51 AM Final Approval Date: 10/07/2010  Packet Page 116 of 116