01/06/2009 City CouncilJanuary 6, 2009
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
D. J. Wilson, Council President
Michael Plunkett, Councilmember
Peggy Pritchard Olson, Councilmember
Steve Bernheim, Councilmember
Dave Orvis, Councilmember
Ron Wambolt, Councilmember
ALSO PRESENT
Grace Guenther, Student Representative
STAFF PRESENT
Al Compaan, Police Chief
Stephen Clifton, Community Services /Economic
Development Director
Brian McIntosh, Parks & Recreation Director
Noel Miller, Public Works Director
Debi Humann, Human Resources Director
Rob English, City Engineer
Scott Snyder, City Attorney
Sandy Chase, City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
Approve 11. APPROVAL OF AGENDA
genda
COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER WILSON, TO
APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY.
2. CONSENT AGENDA ITEMS
Councilmember Bernheim requested Item. D be removed from the Consent Agenda.
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WAMBOLT,
TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED
Roll call UNANIMOUSLY. The agenda items approved are as follows:
A. ROLL CALL
Approve
12 -16 -08 B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 16, 2008.
Minutes
C. APPROVAL OF CLAIMS CHECKS #108797 THROUGH #108920 FOR DECEMBER 18,
Approve 2008 IN THE AMOUNT OF $484,687.20, AND #108921 THROUGH #109041 FOR
Claim m
Checks DECEMBER 31, 2008 IN THE AMOUNT OF $746,667.84. APPROVAL OF PAYROLL
DIRECT DEPOSIT AND CHECKS #47672 THROUGH #47710 FOR THE PERIOD
orth End DECEMBER 1 THROUGH DECEMBER 15, 2008 IN THE AMOUNT OF $773,540.69.
Taxi License
E. APPROVAL OF 2009 TAXICAB OPERATOR'S LICENSE FOR NORTH END TAXI.
Lift Stations F. AUTHORIZATION FOR MAYOR TO SIGN THE RIGHT OF ENTRY AGREEMENT
& 8 WITH SOUND TRANSIT FOR THE LIFT STATIONS 7 & 8 REPLACEMENT AND
Replacement REHABILITATION PROJECT.
Claim for
Damages G. ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM JOSEPH ZAVAGLIA
($440.41).
Edmonds City Council Approved Minutes
January 6, 2009
Page I
Agreements ITEM D: PROFESSIONAL SERVICES AGREEMENTS (PSA) BETWEEN CITY OF EDMONDS
i Mike
Doubleday AND MIKE DOUBLEDAY, AND SALTER JOYCE ZYKER.
& Salter
Joyce zyker Councilmember Bernheim reiterated his opposition to budgeting for lobbying efforts, recognizing it had
been approved by a majority of the Council. He also objected to funding lobbying efforts for the
Edmonds Crossing project. He opposed a ban on generic unfunded mandates, commenting he favored
good unfunded mandates and was opposed to bad unfunded mandates. For example he would support an
unfunded mandate to cut carbon emissions.
COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER WILSON,
FOR APPROVAL OF ITEM D. MOTION CARRIED (4 -2), COUNCILMEMBERS BERNHEIM
AND ORVIS VOTING NO.
ew Student 3. INTRODUCTION OF NEW STUDENT REPRESENTATIVE
Representa-
ve Mayor Haakenson introduced the new Student Representative Grace Guenther, a senior at Meadowdale
High School, and described her interests.
2009 4. SELECTION OF COUNCIL PRESIDENT FOR 2009
Council
President Mayor Haakenson opened the floor for nominations.
COUNCILMEMBER BERNHEIM NOMINATED DJ WILSON FOR THE POSITION OF
COUNCIL PRESIDENT FOR 2009. COUNCILMEMBER WAMBOLT SECONDED THE
NOMINATION.
COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER BERNHEIM,
TO CLOSE NOMINATIONS FOR THE POSITION OF COUNCIL PRESIDENT. MOTION
CARRIED UNANIMOUSLY.
THE VOTE ON THE NOMINATION FOR DJ WILSON FOR THE POSITION OF COUNCIL
PRESIDENT FOR 2009 CARRIED UNANIMOUSLY.
2009 5. SELECTION OF COUNCIL PRESIDENT PRO TEM FOR 2009
Council
President Mayor Haakenson opened the floor for nominations.
Pro Tem
COUNCILMEMBER PLUNKETT NOMINATED RON WAMBOLT FOR THE POSITION OF
COUNCIL PRESIDENT PRO TEM FOR 2009. COUNCIL PRESIDENT WILSON SECONDED
THE NOMINATION.
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCIL PRESIDENT WILSON,
TO CLOSE NOMINATIONS FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM.
MOTION CARRIED UNANIMOUSLY.
THE VOTE ON THE NOMINATION FOR RON WAMBOLT FOR THE POSITION OF
COUNCIL PRESIDENT PRO TEM FOR 2009 CARRIED UNANIMOUSLY.
Committee
Appoint-
6. APPOINTMENT OF COMMITTEE REPRESENTATIVES
ments
This item was rescheduled as Item 14B to allow Council President Wilson an opportunity to review
Councilmembers' preferences.
Edmonds City Council Approved Minutes
January 6, 2009
Page 2
Health 7. RESOLUTION APPOINTING A COUNCILMEMBER TO THE SNOHOMISH COUNTY
District
Board HEALTH DISTRICT BOARD.
To allow Council President Wilson an opportunity to review Councilmembers' preferences, this item was
rescheduled as Item 14C.
Sno. Co. 8. RESOLUTION APPOINTING COUNCILMEMBERS TO THE SNOHOMISH COUNTY PUBLIC
Public
Transporta- TRANSPORTATION BENEFIT AREA CORPORATION BOARD OF DIRECTORS.
on Board
To allow Council President Wilson an opportunity to review Councilmembers' preferences, this item was
rescheduled as Item 14D.
Public 9. ANNUAL REPORT - PUBLIC DEFENDER
Defender
Public Defender Jim Feldman explained he had been Edmonds' Public Defender since 1987 and was
seeking appointment for another year. Due to continually expanding caseload, there were now two full -
time attorneys working on Edmonds' cases. He highlighted the Snohomish County Prosecuting
Attorney's plans to defer prosecution of many crimes to the cities. He anticipated the City would
experience an increase in the number of filings for theft and drug charges. With those cases, he
anticipated the City would also see a higher level of sophistication, criminals who were better versed in
manipulating the criminal justice system which would add to the amount of time necessary to resolve
cases and the number of jury trials.
He relayed a telephone call from Councilmember Bernheim inquiring about the relationship between drug
offenses and costs and offered to provide an analysis for the Council. He explained a number of
misdemeanor crimes carry a mandatory penalty such as possession of drug paraphernalia and possession
of marijuana•, if convicted and regardless of previous criminal history, the court was required to impose a
minimum of 1 -2 days in custody. The only alternatives were not to convict or for the City to decide they
did not want to prosecute this type of crime and not file charges.
Councilmember Bernheim complimented Mr. Feldman for not increasing his rate. Mr. Feldman
responded because the number of cases continues to increase each year, their compensation has also
increased.
Councilmember Wambolt remarked the change at Snohomish County would increase the workload. Mr.
Feldman agreed the change would add significantly to the City's costs. He understood there was
opposition to the Prosecuting Attorney's proposal and was uncertain whether she planned to proceed.
Councilmember Bernheim expressed interest in a comparison of drug offenses and costs. He noted the
number of misdemeanor cases presented for prosecution by the Police Department continued to increase.
As budgetary constraints continue, Councilmember Bernheim suggested resources be focused less on
modest crimes and more on real property crimes, anticipating a savings of 10 -15 %. He questioned
whether the City wanted to expend $100 -$150 /day per day for jail time plus the cost of prosecution for
these more modest crimes.
Mr. Feldman explained a recent report by the Court Administrator indicated Driving While License
Suspended charges represented 40% of the misdemeanor caseload. There is a plan to propose to the
legislature making Driving While License Suspended a non - criminal charge similar to a traffic ticket. He
noted that would reduce the case volume more significantly than not filing drug charges.
Edmonds City Council Approved Minutes
January 6, 2009
Page 3
Cemetery 1 10. ANNUAL REPORT - CEMETERY BOARD
Board
Cemetery Board Member Bob Stevenson introduced Cemetery Board Members Dorothy Williamson, a
member for 22 years and now an alternate; Esther Sellers, Secretary and a member for 18 years; Dale
Hoggins, organizer of the Memorial Day program and a member for 12 years; Melissa Johnson who is
developing a cemetery inventory spreadsheet and has been a member for 4 years; and Melinda Beck and
Lisa Pontier, members for 1 year who are developing a walking tour of the cemetery.
Mr. Stevenson acknowledged the support provided to the Cemetery from the Parks Department,
particularly Brian McIntosh, Rich Lindsay and his maintenance staff and Sue Johnson. He also
recognized the tremendous service provided by Cliff Edwards, the Cemetery Sexton for 18 years.
Mr. Stevenson stated following the completion of the columbarium two years ago, a flyer was produced
that is distributed to churches, hospitals and assisted living facilities in the area. He noted through 2008,
the Sexton's salary and benefits were paid by the City; as of January 1, 2009, the salary and benefits will
be paid from cemetery funds. The Cemetery Board was forewarned of this eventuality in 2007.
Early in 2008 the Cemetery Board embarked on a sales promotion plan to inform the public about the best
kept cemetery secret in Snohomish County. He provided several facts regarding the cemetery: it is not
full, there are over 3,000 sites available; their prices are competitive; a person need not be a resident of
Edmonds to purchase a site in the cemetery; and the cemetery is one of only a few cemeteries in the
region where above - ground markers can be installed. He recognized former Cemetery Board Member
Robert Cavness who took the lead in the sales promotion effort and developed a PowerPoint presentation.
The Board plans to share the presentation with service clubs in the area.
Mr. Stevenson reported new signs would soon be installed that would be visible from 15th Street and from
9th Avenue. He recognized the Rotary Club who assisted with purchasing the signs. He reported in
November the Board voted to increase fees for sales and services by 25 %, bringing the cemetery's prices
comparable to other cemeteries in the region. He advised the cemetery office contained a large color
coded map identifying occupied and available grave sites.
With the cemetery now operating as a quasi business, Mr. Stevenson recommended consideration be
given to updating the cemetery's accounting system. The Board is also beginning the process of updating
the Cemetery Master Plan that was originally produced in 2001. He advised of one vacancy on the
Cemetery Board as well as a vacant alternate position. The Cemetery Board meets on the third Thursday
at 4:00 p.m. Each member has taken on a specific task and the same would be expected of any new
members. He relayed the City Code required the Cemetery Board to report at least quarterly to the City
Council regarding operations of the cemetery, short and long term goals, and activities of the Board. He
offered to provide quarterly written reports to the Council.
Mr. Stevenson expressed his appreciation to the Cemetery Boardmembers and the Parks Department for
their support. He relayed a comment by a friend who was unaware he served on the Cemetery Board, that
the cemetery on 9th Avenue was the most beautiful cemetery in the State.
Councilmember Plunkett thanked Mr. Stevenson, the Cemetery Board and staff for the great work they
have been doing. He agreed the cemetery was the most beautiful now, recalling in his youth the cemetery
was unsightly and overgrown. He praised the effort to transform the cemetery into a wonderful place.
Councilmember Wambolt thanked Mr. Stevenson and the Cemetery Board, recognizing the salesmanship
of Sexton. Cliff Edwards, who recently sold his wife and him two cemetery plots.
Edmonds City Council Approved Minutes
January 6, 2009
Page 4
11. AUDIENCE COMMENTS
ational Rich Senderoff, Edmonds, relayed a call to service for an Edmonds -kind of National Service Day. He
service nay described an effort by the Presidential Inauguration Committee to engage Americans in service to
coincide with the inauguration and the Martin Luther King holiday. In 1994 Congress transformed the
Martin Luther King holiday into a National Day of Service to commemorate a man who lived is life in
service to others. He has notified Councilmembers, Chamber of Commerce representatives, Alliance of
Citizens of Edmonds (ACE), Green for Good, and Edmonds Backyard Wildlife Habitat project in an
effort to develop a service project in Edmonds. He relayed Parks & Recreation Director Brian
McIntosh's offer to have volunteers assist with the removal of invasive weeds from City Park. He urged
the Chamber to encourage businesses to develop a program such as donating weekend proceeds to a
worthy charity or to be involved in other service projects such as food drives, book donation collection,
educating the community regarding the goals of a civic organization, etc. He invited anyone interested in
participating to contact him via email at RichSend @comcast.net.
S Diane Buckshnis, Edmonds, reported on a recent Sustainable Edmonds symposium included discussion
Edmonds regarding climate change and cleanup of Puget Sound. She explained a coalition that develops bills for
the legislature was holding a legislative workshop on January 10 to discuss reducing carbon footprints,
promoting efficiency in homes, transit oriented communities, and water cleanup. She also advised of the
Environmental Lobby Day on February 19. She invited anyone interested in further information to
contact Sustainable Edmonds.
Jim Wilkinson, Edmonds, referred to public comment at the last Council meeting regarding the length
of time citizens had lived in Edmonds, pointing out the length of time a person had lived in Edmonds
should not affect their standing with the City. He reminded the Council he provided them a petition with
Proposed 75 names in support of his viewpoint. With regard to Agenda Item 13, he stated in the area between his
Anti-idling
Signage house and the end of the road there were at least 15 signs and he was not in favor of additional signs that
Sidewalk
would be necessary to discourage idling. He noted the cars parked on Sunset were often idling to operate
nangerous air conditionin g in the summer or the heater in the winter. Next , e encouraged y h ed the City to address the
dangerous crosswalk at 5th & Alder suggesting installing signage. He urged the City to address cars
Sunset Ave. driving the wrong way on Sunset Avenue, suggesting the signage in that location may be inadequate.
Signage
Council Michael Hall, Edmonds, referred to Agenda Item 14A, commenting that a person appointed to an open
Vacancy
point Council seat had somewhat of an advantage in the next election. He supported the concept of an interim
Appointment � pp p
caretaker appointment, suggesting it would allow someone who was not interested in serving on the
Council in the long term to participate for a shorter period of time.
Military 12. AMENDING ECC CHAPTER 2.36 MILITARY LEAVE.
Leave
Human Resources Director Debi Humann explained in 2002 the Council created benefits for employees
who were involuntarily called to military service. These benefits included allowing shared leave,
providing COBRA that maintains family health insurance for up to 90 days and subsidizing military pay
for 60 days. Changes to the federal law allowing these benefits only to individuals who are involuntarily
called to service is now discriminatory. As a result the City must either eliminate these benefits or change
the City Code to provide the same benefits given to those involuntarily called to service to individuals
who voluntarily join the military.
Ms. Humann explained the Council packet contained two ordinances; one that eliminated the military
benefit and one that provides the benefits to all who served. She requested Council direction with regard
to the military benefit.
Edmonds City Council Approved Minutes
January 6, 2009
Page 5
City Attorney Scott Snyder explained this benefit was created by the Council; it was not required that the
City maintain the benefit but if the benefit was provided, it must be equally applied.
Councilmember Wambolt asked if staff had surveyed other cities to determine whether the 60 day pay
differential and the 90 day health benefit was comparable. Ms. Humann answered she had not.
Councilmember Wambolt commented compared to private companies, this seemed somewhat low. Ms.
Humann responded since this benefit was created, it had been used three times. Any employee who takes
advantage of this benefit must sign an agreement that they will return to the City's employ within the
timelines allowed by federal law. Councilmember Wambolt commented employees were generally
activated for longer than 60 -90 days. Ms. Humann answered it depended on the employee's specialty;
some were gone for a month, some had been activated multiple times. If the employee did not return to
the City's employ, they must repay the City.
Councilmember Wambolt asked whether Ms. Humann considered the benefit a fair amount. Ms. Humann
answered in working with the families, health insurance was a significant benefit. Although health
insurance did not benefit the employee activated in military service, it provided the families up to 90 days
to identify other health insurance or figure out how to use military health insurance. The supplemental
pay was not as much of a benefit.
Councilmember Bernheim inquired about the cost. Ms. Humann answered it averaged $1400; however, it
was difficult to determine the exact cost as it depended on the length of time an employee was activated.
She pointed out the expenditure was finite as it was only 60 days of supplemental pay and 90 days of
COBRA. She noted supplemental pay was typically not very much; she recalled for an Officer in the Fire
Department the pay differential was $400 /month.
Councilmember Bernheim commented it appeared the intent of the Council when this was passed in the
immediate aftermath of 9/11 was not to provide this benefit to employees who served voluntarily. Ms.
Humann was uncertain that was the intent; she recalled at that time there were five employees who had
the potential to be activated and it was assumed they would be involuntarily activated. She agreed the
benefit was worded to apply to employees serving involuntarily; however, the focus on involuntary may
have been because of those employees being activated.
Ord# 3722 COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR
Voluntary & APPROVAL OF THE SECOND ORDINANCE, ORDINANCE NO. 3722, THAT ELIMINATES
Involuntary THE DISTINCTION BETWEEN VOLUNTARY AND INVOLUNTARY SERVICE.
Service
Councilmember Bernheim commented he supported the military but this was another example of a
giveaway. He questioned how this benefit would be funded. Ms. Humann assumed from the General
Fund. Councilmember Bernheim suggested referring this to a committee for further consideration of the
limits, what was being given away, where it would stop and the funding source.
Councilmember Wambolt pointed out the cost was insignificant and he supported doing whatever
possible to encourage participation in the armed services.
MOTION CARRIED UNANIMOUSLY.
No-idle 13. DISCUSSION AND POTENTIAL ACTION REGARDING A PROPOSED RESOLUTION
Policy for ESTABLISHING A NO -IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL
Motor
Vehicles COMBUSTION ENGINES
Councilmember Bernheim explained the proposal was to place educational signs around the City to
promote a reduction in idling. An increasing number of jurisdictions were adopting laws outlawing idling
Edmonds City Council Approved Minutes
January 6, 2009
Page 6
of engines. He noted idling most often occurred in Edmonds in the ferry lines and at park viewpoints as
well as semi - trucks left idling to operate a mechanism on their load or air conditioning /heat in the
vehicle's cab. He suggested people idling their vehicles for heat or air conditioning use their vehicle's
windows to control temperature and /or use a blanket.
He commented on pollution and health problems created by engines idling. He displayed a photograph
illustrating the numerous signs on Sunset Avenue and proposed locations at Sunset & Bell, at the end of
Sunset, the south and north sides of Bell, along 5th, midway on 5th and at 5th & Homeland Drive. He
emphasized the proposed resolution did not make idling illegal but requested signs be installed
identifying the area as a no- idling zone. He often distributes an informative brochure to people he noticed
in idling vehicles that is nearly always favorably received. He explained the Puget Sound Clean Air
Agency sponsored this program and provided the signs.
Res# 1191 COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER PLUNKETT,
No -idle
Policy for FOR APPROVAL OF RESOLUTION NO. 1191, ESTABLISHING A NO -IDLE POLICY FOR
Motor MOTOR VEHICLES WITH INTERNAL COMBUSTION ENGINES.
Vehicles
Councilmember Plunkett expressed support for the resolution, noting it required hundreds of small acts to
cleanup the air and water and everyone needed to participate and be reminded.
Councilmember Wambolt agreed with posting signs in the ferry lanes but was not convinced there was a
problem in other areas of the City. He pointed out Mr. Wilkinson, a resident on Sunset, was opposed to
additional signage on Sunset and apparently did not find idling in that area a problem. He suggested
establishing some limits on the location and the number of signs that could be posted.
Council President Wilson expressed support for the resolution in principle but was concerned with the
specific locations identified in the resolution at 5th & Main and in the downtown corridor. He preferred to
limit the signs to areas where idling was a problem such as the ferry lanes and not to list specific areas,
pointing out signs downtown caused visual pollution. He referred to the language in the resolution that
City Engineering Department may exercise its discretion, commenting staff already had the discretion to
put up signs. Mayor Haakenson referred to the photograph illustrating the numerous signs on Sunset,
commenting other than the handicapped parking signs, the remainder were the result of Council action
over the years. He assured staff would put up signs wherever the Council directed, relaying staff's
preference for the Council to identify specific locations rather than leave it to staffs discretion.
Council President Wilson asked whether Councilmember Bernheim would be willing to add to the
resolution specific areas where signage would be appropriate at staff s discretion rather than the specific
locations. Councilmember Bernheim explained his presentation identified eight locations for the eight
signs. His suggestion for signs on Main Street /Rosyln Summers Blvd. was to educate the public as they
entered downtown. He compared turning off idling engines to replacing incandescent bulbs with
florescent bulbs, pointing out if people were not willing to change light bulbs, the City's goal in the
Mayor's Climate Change Agreement of a 10% reduction below 1990 levels in 2010 was unachievable.
Councilmember Olson expressed support for posting signs in the ferry lanes only and not downtown.
Councilmember Wambolt suggested the Council review the list of proposed locations. He agreed with
posting signs in the ferry lanes. Public Works Director Noel Miller responded Washington State
Department of Transportation (WSDOT) permission was required to post signs in the ferry lanes. City
Attorney Scott Snyder noted there was a City park immediately adjacent to the ferry lanes where the signs
could be posted.
Edmonds City Council Approved Minutes
January 6, 2009
Page 7
Councilmember Bernheim commented the argument against visual pollution did not apply in any of the
proposed locations other than Sunset Avenue.
Councilmember Wambolt suggested not placing signs at 5th & Main or on Sunset.
Council President Wilson suggested striking the specific locations identified in the second paragraph of
the resolution. Councilmember Bernheim accepted this as a friendly amendment to the motion.
Mayor Haakenson noted the resolution as amended would direct staff to post 0 -8 signs anywhere in the
City at staff's discretion. He suggested staff put up the signs at what were considered gateways to the
City such as the entrance at 5th, 196th, etc. He acknowledged this may only be 3 -4 signs. The Council
agreed with Mayor Haakenson's suggestion. Mayor Haakenson requested City Clerk Sandy Chase
modify the resolution to reflect the Council's direction.
MOTION CARRIED UNANIMOUSLY.
City Council A. DISCUSSION OF REOPENING THE APPLICATION POOL FOR THE CITY COUNCIL
Vacancy / VACANCY FOR CITIZENS WHO WOULD BE WILLING TO SERVE AS AN INTERIM
Caretaker CARETAKER APPOINTMENT.
Appointment
Councilmember Plunkett recalled when former Councilmember Dawson announced her resignation, she
requested he consider this possibility. He explained this proposal would not change the process
timeframe. Candidates would agree to fill out the term and not file for reelection, although he noted there
was no legal requirement not to file. The purpose of this proposal was to increase the mix of
opportunities and possibilities. If the Council supported this concept, it would be reported in the
newspaper, the City Clerk would advertise it for a week and residents would have approximately a week
to submit their applications. Candidates would then be interviewed as per the approved process. He
anticipated there were 2 -3 residents who would apply to serve in an interim capacity who did not apply
for the advertised vacancy.
Councilmember Orvis spoke in favor of this concept. If it were up to him, he would hold an advisory
election by the March deadline for appointing a Councilmember. He acknowledged the Council would
not be bound to an advisory election although he would feel obligated to abide by the vote. He noted the
cost of an election would be approximately $100,000, a cost some may be uncomfortable with. He
concluded a temporary Councilmember was the next best thing to an advisory election. He pointed out an
interim Councilmember could not be legally compelled not to run for the position.
Councilmember Wambolt found more negative aspects than positive in this proposal. He was not
interested in someone serving on the Council for less than a year, recalling it took him almost a year to
learn the role of a City Councilmember. He was hopeful the candidate selected would file to run for
office in the summer and be reelected to the Council.
Councilmember Olson commented 20 people have already applied and the candidate selected would not
be legally bound not to run for election. She preferred not to wait until March to select an additional
Councilmember.
Council President Wilson disagreed with spending $100,000 on an advisory vote when an election for this
position would be held in November. With regard to a caretaker role, he noted that was done in places
such as the United States Senate. He noted some of the most important characteristics of a
Councilmember was someone who listened, would be sincere and work hard. He recognized
Councilmembers must prioritize the Council role against other priorities /commitments in their life and in
Edmonds City Council Approved Minutes
January 6, 2009
Page 8
his view the only way someone's commitment could be measured was if they were willing to run for
office. He did not want to deny someone who had a year's experience the ability to be a great
Councilmember by denying them the opportunity of going through an election. He preferred to continue
with the proposed process and looked forward to the selection of a new Councilmember at the January 20
meeting.
The Council took no action on this item.
Committee 14B. APPOINTMENT OF COMMITTEE REPRESENTATIVES
Appoint-
ments
Council President Wilson read the following Committee appointments:
Committee
Representative
Community Serv. /Dev. Serv. Committee
Peggy Olson & Dave Orvis
Finance Committee
Michael Plunkett & Ron Wambolt
Public Safety Committee
Steve Bernheim & Council Appointee (DJ
Wilson in the interim
Community Outreach
Michael Plunkett & Steve Bernheim
Community Technology Advisory Committee
Peggy Olson & Ron Wambolt
Community Transit
DJ Wilson & Steve Bernheim (Alt)
Disability Board
Dave Orvis
Downtown Edmonds Parking
Steve Bernheim & Ron Wambolt
Edmonds Economic Development Advisory Board
Council Appointee
Economic Development Committee
Steve Bernheim & Council Appointee
Edmonds Crossing Project Multimodal
Council Appointee
Highway 99 Task Force
Peggy Olson, Michael Plunkett & Ron
Wambolt
Historic Preservation Advisory Commission
Michael Plunkett
Long Range Task Force
Peggy Olson & Ron Wambolt
Lake Ballinger
D. J. Wilson
Lodging Tax Advisory Committee
Council Appointee
SnoCom
Gary Haakenson & Tom Tomber
Municipal Court Review Committee
Steve Bernheim
PFD Oversight Committee
Michael Plunkett
Port of Edmonds
Ron Wambolt
Regional Fire Authority Committee
Ron Wambolt & DJ Wilson
Snohomish County Econ. Dev. Board
Council Appointee
Revenue Work Group
Steve Bernheim, DJ Wilson & Ron
Wambolt
SeaShore Transportation Forum
Council Appointee
Snohomish County Health District
Dave Orvis
Snohomish County Tomorrow
DJ Wilson
South Snohomish Cities
Peggy Olson & DJ Wilson
Salmon Recovery - WIRA -8
Council Appointee
Edmonds City Council Approved Minutes
January 6, 2009
Page 9
Health 14C.
District
Board
Sno. Co. D.
Public
Transporta-
tion Board
15.
RESOLUTION APPOINTING A COUNCILMEMBER TO THE SNOHOMISH COUNTY
HEALTH DISTRICT BOARD.
COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER PLUNKETT,
TO APPROVE RESOLUTION NO. 1189, APPOINTING DAVE ORVIS TO THE SNOHOMISH
COUNTY HEALTH DISTRICT BOARD. MOTION CARRIED UNANIMOUSLY.
RESOLUTION APPOINTING COUNCILMEMBERS TO THE SNOHOMISH COUNTY PUBLIC
TRANSPORTATION BENEFIT AREA CORPORATION BOARD OF DIRECTORS
COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER WAMBOLT,
TO APPROVE RESOLUTION NO. 1190, APPOINTING DJ WILSON TO THE SNOHOMISH
COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION BOARD OF
DIRECTORS WITH STEVE BERNHEIM AS THE ALTERNATE. MOTION CARRIED
UNANIMOUSLY.
MAYOR'S COMMENTS
Council Mayor Haakenson advised the Council would interview candidates for the vacant Council position on
Vacancy Tuesday, January 13 and Saturday, January 17 and conduct the appointment process at the Tuesday,
Interviews
January 20 meeting. He referred to the rules that were provided to the Council for nominating and filling
a Council vacancy, rules that were used the past 3 -4 times there had been an opening.
Council Mayor Haakenson explained on January 20 each Councilmember may nominate one candidate from the
Vacancy list of applicants. Councilmembers will sign their ballots to maintain a permanent vote record. The City
Appointment
Process Clerk would then record all the votes and announce the results of each balloting. Each Councilmember
may vote for one candidate from the list of those nominated. In the event the Council deadlocks, all
nominations are declared null and void and the Council may return to the list of applicants. He explained
a deadlock was when every Councilmember voted exactly the same way on five consecutive ballots. He
asked whether the Council wished to follow these rules again.
Councilmember Plunkett asked what would constitute a majority of six Councilmembers if the Council
was voting on 3 -4 candidates. He was amenable to using these rules as long as at least four members
constituted a majority. Mr. Snyder responded a majority vote was a majority quorum of the Council
present; if all six were present, a majority was four; if one Councilmember was absent, the majority
would be three.
Councilmember Bernheim suggested delaying a decision on the rules for the selection process as he had
not previously seen the rules and wanted an opportunity to consider amending them. For example, after
the interviews were conducted, Councilmembers would rank the candidates and eliminate the bottom half.
Mr. Snyder explained this was a codification of the Roberts Rules of Order procedure; the only variance
was the use of written ballots to expedite the process and provide a permanent record.
Mayor Haakenson commented he was part of this process 13 years ago as 1 of 21 applicants and 13 votes
were conducted.
Councilmember Plunkett was open to discussing a change but was hesitant to change the process because
it had worked well in the past and he wanted to avoid any unintended consequences.
Councilmember Wambolt asked whether all the applicants would be present in the room during the
interviews. Mayor Haakenson answered yes, explaining the interviews must be conducted during a public
meeting. Councilmember Wambolt commented it seemed unfair to the candidates who were interviewed
first because they would not have the benefit of listening to the other candidates' responses.
Edmonds City Council Approved Minutes
January 6, 2009
Page 10
In response to whether interviews could be conducted in private, Councilmember Orvis relayed
information from Municipal Research and Services Center (MRSC) that the interviews must be conducted
during a public meeting. MRSC also stated the Council could hold an Executive Session to discuss the
qualifications of the candidates.
Council President Wilson inquired about the length of each interview. Councilmember Plunkett and
Mayor Haakenson recalled they had been 20 minutes in the past.
Senior Executive Council Assistant Jana Spellman provided a proposed interview schedule where the
Council would interview 9 candidates on January 13 and 11 candidates on January 17. Council President
Wilson requested the schedule be revised to 20 minute interviews with no time between interviews.
For Councilmember Bernheim, City Clerk Sandy Chase described the process: each Councilmember
would nominate one candidate. She would then read the nominations. Councilmembers would then vote
for one of the nominated candidates. She noted ballots would be clearly marked to identify each vote.
Councilmember Wambolt understood the interviews must be conducted during an open meeting. He
suggested the candidates be asked to sit outside the Council Chambers until they were called to be
interviewed. Mr. Snyder answered the Council could ask but it was a public meeting. He explained the
Council could hold an Executive Session to discuss qualifications but must conduct both the interviews
and the selection in an open meeting. Councilmember Wambolt questioned whether subsequent
candidates would have an advantage by listening to previous candidates' responses.
Mayor Haakenson asked whether the Council could choose to interview each candidate in the Jury Room,
noting it would still be an open meeting and the public could listen. Mr. Snyder responded in whatever
venue the Council conducted interviews, it must be clearly an open meeting where any member of the
public including the other candidates were free to listen. Mayor Haakenson commented the Jury Room
would provide a somewhat more intimate setting than the Council conducting interviews from the dais.
Councilmember Orvis asked whether the Council was required to ask the same questions of each
candidate. Mr. Snyder responded the Council's decision was not impacted by any federal or state
discriminatory statutes; it was entirely at the Council's legislative discretion. Councilmember Orvis
suggested Councilmembers vary their questions so that the later candidates did not have an advantage
over the earlier candidates.
Councilmember Plunkett commented holding the interviews in the Jury Room inferred it was a private
meeting. He suggested holding the interviews at a table in front of the dais.
Council President Wilson suggested each applicant be asked to prepare a three minute opening statement
describing their experience and why they were qualified for the position as well as a one page resume or
informational sheet. The Council agreed. Council President Wilson advised the applicants would be
interviewed in alphabetical order.
Mr. Snyder recalled in the past the Council approved the rules in advance and requested the Council
approve the proposed rules by motion. At Councilmember Plunkett's suggestion, Council President
Wilson agreed to schedule adoption of the rules on the January 13 agenda.
Because Councilmembers would each nominate one candidate, Council President Wilson suggested the
candidates receiving the least nominations be removed from the next round. Mr. Snyder responded any
process that resulted in a majority vote by the Council was acceptable.
Councilmember Orvis noted the Council always had the option of suspending the rules.
Edmonds City Council Approved Minutes
January 6, 2009
Page 11
Councilmember Plunkett was hesitant to support a process that eliminated candidates early in the process.
Mr. Snyder pointed out if the Council deadlocked after five votes, the nomination process began again.
Mayor Haakenson congratulated Council President Wilson and Council President Pro Tem Wambolt and
looked forward to working with them in 2009.
Mayor Haakenson advised applications for a Planning Board vacancy had been accepted for
approximately two months. The City received 4 -5 applications and interviews would be scheduled in the
near future. He offered to inform Councilmembers when the interviews would be conducted and invited
them to attend.
16. COUNCIL COMMENTS
Council President Wilson thanked the Council for their trust in selecting him as Council President. He
noted of the six remaining Councilmembers, all expressed a desire for the Council to provide a great deal
of leadership this year and at least four had expressed interest in serving as Council President or Council
President Pro Tem. He congratulated Council President Pro Tem Wambolt and thanked outgoing Council
President Plunkett for his service.
Councilmember Olson thanked everyone for bearing with her as her voice disappeared and was hopeful
she could provide input more often via her voice machine.
Councilmember Wambolt thanked the Council for selecting him as Council President Pro Tem. He
expressed appreciation to Councilmember Plunkett for his work as Council President over the past year.
He reported the curb was installed today at 5th & Dayton and the sidewalk will be finished this weekend.
Councilmember Plunkett congratulated Council President Wilson and Council President Pro Tem
Wambolt and he looked forward to a great year.
Councilmember Bernheim reported the temperature in the Council Chambers tonight was 69 -70 degrees.
He suggested maintaining the temperature at 68 degrees in an effort to reduce green house gases and fuel
consumption.
Councilmember Orvis congratulated Council President Wilson.
Student Representative Guenther thanked the Council for the opportunity to serve as Student
Representative.
Aquatic Council President Wilson announced an open house on Wednesday, January 14 from 7 :00 - 8:30 p.m. in
Feasibility
Study open the Edmonds Library Plaza Room to gather public input as part of the aquatic feasibility study.
House
Council President Wilson invited Councilmembers to submit agenda items for the upcoming Council
retreat.
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With no further business, the Council meeting was adjourned at 9:00 p.m.
Edmonds City Council Approved Minutes
January 6, 2009
Page 12