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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. [6A 0 0 0 WE\ IXIIII.kU With no further business, the Council meeting was adjourned at 9:00 p.m. Edmonds City Council Approved Minutes January 6, 2009 Page 12