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04/07/2009 City CouncilApril 7, 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 Bemheim, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember Strom Peterson, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT Gerry Gannon, Assistant Police Chief Brian McIntosh, Parks & Recreation Director Kathleen Junglov, Finance Director Rob English, City Engineer Bio Park, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder Mayor Haakenson requested the addition of a 10- minute Executive Session on a real estate matter at the end of the meeting. COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Councilmember Wambolt requested Item K be removed from the Consent Agenda. COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 24, 2009. C. APPROVAL OF CLAIM CHECKS #110672 THROUGH #110846 FOR $1,211,370.72 DATED MARCH 26, 2009, AND #110847 THROUGH #110979 DATED APRIL 2, 2009 FOR $493,184.08. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #47958 THROUGH #47998 FOR THE PAY PERIOD MARCH 16, THROUGH MARCH 31, 2009 FOR $899,838.42. D. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM HUNG CHUNG THAI ($3,000,000.00), AND JASON W. STOUT (AMOUNT UNDETERMINED). Edmonds City Council Approved Minutes April 7, 2009 Page 1 E. AUTHORIZATION FOR THE MAYOR TO SIGN THE CONTRACT WITH THE EDMONDS -SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY FOR THE EDMONDS MARKET. F. AUTHORIZATION FOR THE MAYOR TO SIGN THE CONTRACT WITH THE EDMONDS ARTS FESTIVAL ASSOCIATION FOR THE 2009 EDMONDS ARTS FESTIVAL. G. AUTHORIZATION FOR THE MAYOR TO SIGN THE CONTRACT WITH THE GREATER EDMONDS CHAMBER OF COMMERCE FOR THE 4TH OF JULY PARADE AND FI.REWORKS DISPLAY. H. AUTHORIZATION FOR THE MAYOR TO SIGN THE CONTRACT WITH THE GREATER EDMONDS CHAMBER OF COMMERCE FOR THE TASTE OF EDMONDS. I. AUTHORIZATION FOR THE MAYOR TO SIGN THE CONTRACT WITH THE GREATER EDMONDS CHAMBER OF COMMERCE FOR THE CLASSIC CAR SHOW. J. APPROVAL OF 2009 TAXICAB OPERATOR'S LICENSE FOR YELLOW CAB OF WASHINGTON. L. PROCLAMATION IN HONOR OF DAYS OF REMEMBRANCE, APRIL 19 - 26, 2009 ITEM K: REPORT ON BIDS OPENED MARCH 24 2009 FOR THE CASPERS/NINTH AVENUE NORTH /PUGET DRIVE WALKWAY PROJECT AND AWARD OF CONTRACT TO T. E. BRIGGS CONSTRUCTION ($512,495.36). Councilmember Wambolt explained he pulled this item to express his appreciation to several City employees with regard to this project. He recalled some citizens were disappointed last summer when this project was delayed because only a couple bids were received and staff felt the bids were too high and that spring would be a more favorable bidding climate. Staff was correct and received a bid $350,000 lower that the bids received last year. Staff has also obtained grants that will cover nearly the entire construction cost. COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER PETERSON, FOR APPROVAL OF ITEM K. MOTION CARRIED UNANIMOUSLY. 3. PROCLAMATION IN HONOR OF SUSTAINABILITY MONTH IN EDMONDS APRIL 2009. Mayor Haakenson read a Proclamation declaring April as Sustainability Month in Edmonds and urging all citizens to consider ways they personally can help maintain the community's sustainability by consuming less and recycling more so that today's thoughtful stewardship will ensure a healthy planet tomorrow. The Proclamation also invited citizens to Edmonds' Conservation on Climate Action on Earth Day, April 22. 4. SUSTAINABILITY MONTH — REVIEW COUNCIL RESPONSIBILITY /SUSTAINABILITY AGENDA. Council President Wilson recalled at this year's Council retreat, the levy was the top priority on the Council's work plan followed by broad interest in advancing a sustainability agenda for the year. At the retreat the Council selected April as the month to kick off the sustainability effort and identified the following priorities and a Councilmember to lead each effort: • Pass the Sustainability Element of the Comprehensive Plan — Council, Staff & Mayor Edmonds City Council Approved Minutes April 7, 2009 Page 2 • Become an "Agenda City" with Cascade Land Conservancy — Council President Wilson & Councilmember Olson • Develop a comprehensive recycling plan for the City of Edmonds — Councilmember Bernheim • Market the City as a green city as a form of business recruitment and retention — Councilmembers Bernheim & Peterson • Consider eliminating bottled water in City buildings and consider a ban on plastic bags — Councilmember Peterson • Consider building codes as they pertain to heat, insulation and energy efficiency — Councilmember Orvis Councilmember Peterson relayed he had a conversation with the City's Recycling Coordinator Steve Fisher and learned staff is further ahead with regard to recycling than he was aware. They have a basic recycling program that includes paper, plastic, etc., but also have a comprehensive recycling program for computers that includes cleaning, refurbishing and repurposing usable computers and ensuring there are no harmful chemicals in unsalvageable computers. He summarized Mr. Fisher was a committed environmentalist who was very progressive with regard to many environmental issues. 5. SUSTAINABLE EDMONDS Bob Freeman, Sustainable Edmonds, referred to one of many recent headlines regarding sustainability, "Mother Nature Doesn't Do Bailouts." He provided the definition of sustainability, "meeting the needs of the present without compromising the ability of future generations to meet their own needs." He commented on recent actions in Edmonds with regard to sustainability including citizen membership in nationwide, statewide and local groups working on conservation issues. In 2006 the Mayor's Climate Protection Committee was formed to address future impacts of climate change and to encourage citizens to be part of the solution. This led to the formation of a citizen's organization, Sustainable Edmonds, in 2008, now a non - profit corporation. He identified global issues on which Sustainable Edmonds was taking local action such as climate change, energy conservation, building and land use, transportation, etc. by personal and family action to lower carbon footprints, supporting action by local and state governments, setting targets and measuring progress. Mr. Freeman recognized the threats were large and complex; however, individuals and the local community could adapt their personal behavior and choices as well as adapting community institutions and practices. He emphasized the need for action was urgent as many experts believe the earth has only about six years at the current rate of carbon dioxide pollution before it is locked into a future of severe global warming. He encouraged citizens to attend Edmonds' National. Conversation on Climate Action on April 22 in the Brackett Room of City Hall from 6:00 to 9:00 p.m. Speakers and discussions will address what can be done at the household level and the community level. 6. PRESENTATION BY ALGALITA MARINE RESEARCH FOUNDATION JUNKRIDE PROJECT. Councilmember Peterson commented he was honored to have been put in touch with Dr. Eriksen and Ms. Cummings who would be discussing issues associated with plastic debris in the ocean. This would set the stage for Earth Month as well as discussions regarding what individuals can do personally and as a community to address these global issues. Dr. Marcus Eriksen, Director of Education, Algalita Marine Research Foundation, displayed a photograph of Junkraft, a raft constructed out of 15,000 plastic bottles that they sailed from Long Beach Edmonds City Council Approved Minutes April 7, 2009 Page 3 to Waikiki in the summer 2008 to bring attention to the Foundation's research. He explained for ten years they have been researching plastic trash filling the North Pacific Gyre. He displayed a 1955 Life Magazine article entitled "In a Throwaway Society, Where is Away ?" He provided a timeline of plastic use, noting prior to WWII, there were few plastics in the average home. However, over time the use of plastics increased dramatically; 60 billion pounds in 1992 and 114 billion pounds in 2004 primarily due to single use disposables such as bottles, bags, cup lids, utensils, straws, etc. He displayed examples of "away," a secluded beach in Hawaii and high tide. He explained plastics are made from petroleum and designed to be non - biodegradable. He provided several photographs of how plastics impact sealife such as a bottle ring around a sea turtle and plastic particles inside fish. Dr. Eriksen referred to the Protection Island Gull. Bolus Study being conducted by the Port Townsend Marine Science Center that found 14% of the gulls' bolus (a regurgitated mass of indigestible items consumed by the bird) contained plastic. He reported on his research in Japan that found nearly all the Albatross carcasses contain plastics. He summarized 44% of the worlds seabirds have been found with plastics inside and around their bodies. Anna Cummings, Education Advisor, Algalita Marine Research Foundation, commented 80% of the marine plastic waste is from land and only 20% from the maritime industry. Once plastic waste washes into the ocean, it is caught in an oceanic current, the North Pacific Gyre. There are five gyres; they have only studied the North Pacific to date. She explained the gyre is similar to a whirlpool that breaks down plastic waste into small particles that begin to resemble food for many marine creatures. Their Foundation has been studying this issue for the past 12 years. When their founder, Captain Charles Moore, published his first report in 1977, he found the mass of plastic compared to plankton was 6:1 and that the density was .002 gram/m2, in 2008 that density had doubled to .004 gram/m2. Their research also studied plastic ingestion by fish. She provided data from a study of myctophids (a deep sea fish that feed on plankton and are eaten by salmon, tuna and mahi -mahi) that found plastic in over 35% of the fish. She summarized this illustrated plastic trash was entering the food chain. Dr. Eriksen circulated a bottle of water skimmed during the Junkraft expedition from the ocean's surface 500 miles north of Hawaii that contained numerous plastic particles. He described catching a small Rainbow Runner while on the expedition whose stomach contained 17 fragments of plastic. He noted plastics at sea absorb pollutants which then desorb into the tissue of marine life and become a human health issue. With regard to what could be done, Dr. Eriksen explained the plastic particles could not be scooped out of the ocean; recycling was not the answer because less than 5% of plastic was recovered and there were very few markets for recycled plastics. Ms. Cummings explained the solutions they are considering include continued research of the North Pacific, North Atlantic, South Pacific, South Atlantic and Indian. Ocean Gyres; preventing plastics from entering the ocean; and educating the public. She explained Dr. Eriksen and she were on day four of a 2,000 mile bicycle ride /lecture tour that began in Vancouver and will end in Tijuana, Mexico. One of the goals of their ride is to bring samples to educators, legislators, and the media to illustrate the magnitude of the problem. She cited the importance of legislation, consumer habits and efforts to stop making /using plastic to prevent it from entering the ocean. She commented on the challenges of this effort as plastic was a petroleum product and there were many powerful lobbying interests such as the American Chemical Council. She displayed a list of countries around the world who have taken action again plastic, either a ban or a fee in recognition of the economic and environmental harm. For example, China banned plastic bags and Ireland instituted a $0.15 fee on plastic bags. She urged the public to think about the legacy they wanted to leave for the future. Edmonds City Council Approved Minutes April 7, 2009 Page 4 Observing that the United States was on the list of countries that had taken action against plastic, Councilmember Plunkett asked whether the other countries on the list had taken national action. Dr. Eriksen agreed there had not yet been any federal legislation in the United States. The list referred to countries in which cities /municipalities within the country had taken some action. Council President Wilson thanked Dr. Eriksen and Ms. Cummings for their presentation. He commented the Washington State Legislature has considered banning plastic bags and there will be a public vote in the City of Seattle this summer. He acknowledged Edmonds was not a liberal town but its citizens were responsible. He expected the Council would take some type of action with regard to plastic bags, either a ban or fee. He encouraged them to share Edmonds' example during their bike /lecture tour. 7. CONSIDERATION OF BANNING PLASTIC BAGS IN RETAIL COMMERCIAL OUTLETS IN EDMONDS. Councilmember Peterson read the proposed resolution that the City Council declares its support for a City ordinance banning the use of single -use plastic checkout bags and encouraging the use of reusable shopping bags. He explained the intent of the resolution was to begin the discussion. He acknowledged this was a complex issue and the resolution was not written to take on all the issues but as a first step in the process. He anticipated input from staff, the City Council, citizens and the business community, and local, regional and international agencies. He suggested the Council not pass the resolution tonight but use the points in the resolution as a conversation starter. He was hopeful with further discussion the Council could move the effort forward to Council Committee and staff. He reiterated this was only a first step and the Council wanted to engage the community because this was a community, public health, water quality, and environmental issue. Councilmember Wambolt commented it seemed very inefficient for each municipality to ban plastic bags as it required each one educate themselves and its citizens. He asked whether there was any effort at the State Legislature to ban plastic bags. Councilmember Peterson responded there had not been any effort regarding plastic bags; there had been a bill before the Senate similar to Seattle's ban on Styrofoam but it died without a vote. He commented this was an opportunity for a grassroots effort as citizens could not wait for state or federal action. Councilmember Wambolt suggested a plastic bag ban be added to the City's legislative agenda. Councilmember Bernheim thanked the Algalita Marine Research Foundation for their presentation, noting the physical evidence was remarkable. He commented on the prevalence of plastic on beaches as well as the sea bottom. He noted the proposed resolution would not actually ban plastic bags as it only declared the Council's support for a ban on plastic bags. He noted the Proclamation declaring April as Sustainability Month in Edmonds only urged citizens to consider doing something. He commented the biodiesel fuel referred to in the Proclamation that was used in City vehicles was only 20% biodiesel. He summarized it was thought versus action. Councilmember Bernheim commented he had submitted a draft building code that would require any new, privately owned buildings over 10,000 square feet to meet LEED certification but had never had a response from staff to that proposal. He also proposed replacing parking spaces downtown with benches and trees. He remarked replacement trees being planted downtown did not meet the Street Tree Plan. Councilmember Bernheim was supportive in principle of a plastic bag ban but preferred a $0.20 /bag fee. He was supportive of a Styrofoam ban on take -out foods, anticipating restaurants would oppose it. He also supported a ban on plastic water bottles. He commented on a resident's efforts to create a habitat around a stream in her backyard. He summarized the answer was reducing waste and using and minimizing impacts. He recognized the Freemans for creating Sustainable Edmonds. Edmonds City Council Approved Minutes April 7, 2009 Page 5 Councilmember Bemheim commented he volunteered to assist with developing a comprehensive recycling plan for the City, noting his intent was also reduction. He recalled five years ago the City outlawed residents keeping chickens. He noted this was emblematic of the problem; if residents were allowed to keep a few hens in their backyard, they would not have to drive to the store for eggs. He pointed out roosters were not required for hens to lay eggs and hens did not make any noise. He recalled when he proposed the City again allow residents to keep chickens, a Councilmember urged him to read the material on the past debate. He noted the ordinance that prohibited residents from keeping chickens started because of residents keeping horses. Councilmember Bernheim referred to the Edmonds Marsh /Port of Edmonds /Antique Mall areas as the crown jewel of the downtown beach area, an area that would attract tourism in the future. He supported enhancing the Marsh, transforming the Antique Mall with regulation into a specimen of sustainable development, and "bringing the Port along" in that effort. He supported taking real action, not a Proclamation that encouraged people to consider taking actions or a resolution that expressed the Council's support for a future ordinance. Councilmember Orvis asked whether the Council had the statutory authority to institute a fee on plastic bags. City Attorney Bio Park answered there was a legal debate whether a fee on a bag would constitute an indirect tax. Currently municipalities did not have the legislative authority to institute a fee on plastic bags. Before the question could be answered via a test case in Seattle whether a fee constituted a tax, the proposal went to a referendum. He advised the Council did have the authority to ban plastic bags. Councilmember Orvis was inclined toward a ban on plastic bags but wanted to have at least one public hearing to allow both sides to provide testimony. In response to Councilmember Bernheim's comments on a Styrofoam ban, Councilmember Peterson relayed People for Puget Sound who were behind the Seattle ban that was enacted January 1, 2009, found after a grace period manufacturers and restaurants were compliant with the ban. He anticipated a similar response in Edmonds if a ban on Styrofoam were enacted. Councilmember Peterson estimated Edmonds residents used 8 million plastic bags per year. If a fee was imposed and it reduced plastic bag use by 75 %, Edmonds residents would still use 2 million plastic bags. For that reason he was inclined to support a ban rather than a fee. To him it was no longer a personal choice but a public health issue. He compared a ban on plastic bags to the ban on smoking on airplanes; it was no longer a personal choice, when it became public health /public safety issue, it was appropriate for government to take action. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO DIRECT STAFF TO COME UP WITH A RESOLUTION BANNING PLASTIC BAGS AND TO REFER THE ISSUE TO THE COMMUNITY SERVICES /DEVELOPMENT SERVICES COMMITTEE. Council President Wilson commented all the whereas clauses in the resolution were appropriate and the next steps could be identified and scheduled such as a public hearing. He suggested directing staff to prepare an ordinance that would proceed through the public hearing process. COUNCILMEMBER PETERSON WITHDREW HIS MOTION WITH THE AGREEMENT OF THE SECOND. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT WILSON, TO APPROVE THE RESOLUTION AS WRITTEN. Edmonds City Council Approved Minutes April 7, 2009 Page 6 COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, TO AMEND THE RESOLVE PARAGRAPH IN THE RESOLUTION TO DIRECT STAFF TO PREPARE AN ORDINANCE BANNING THE USE OF SINGLE -USE PLASTIC CHECKOUT BAGS AND ENCOURAGING THE USE OF REUSABLE SHOPPING BAGS FOR FUTURE COUNCIL AND COMMUNITY CONSIDERATION. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. Council President Wilson anticipated this would be a topic that would generate a great deal of discussion. The City received a letter today from the American Chemistry Counsel opposing a ban and citing a study in San Francisco that found bans increased litter. He anticipated the ordinance would be on the April 28 or May 5 meeting agenda and encouraged the public to voice their opinions to the Council Senate Resolution 8654 Senator Paull Shin described his difficult childhood before being adopted by an American soldier and coming to the United States when he was 18 years old. He recalled when he became discouraged, his adoptive father telling him, "My son I believe in you." He repeated that sentiment to Councilmember Olson, assuring her everyone believed in her, loved her and appreciated her service. Mayor Haakenson read Senate Resolution 8654 signed by Senators Shin, Franklin, Hargrove, Eide, Fraser, Kohl - Welles, Hatfield, Kastama, Regala, Berkey, Prentice, Hewitt, Stevens, Becker, and Fairley: WHEREAS, Peggy Pritchard Olson has been a longtime prominent citizen in the City of Edmonds and has contributed countless hours in community service as a volunteer and elected official; and WHEREAS, Peggy was able to help preserve the beautiful waterfront of the City of Edmonds through her work as a cofounder of'the Washington Tea Party, a grassroots organization that worked on issues related to the Brightwater• sewer treatment plant; and WHEREAS, Peggy was elected to the Edmonds City Council in 2004, served as President of the Council in 2007 was reelected, unopposed, in 2008, and continues to serve on the council and numerous council committees; and WHEREAS Peggy is a founding member of the South Snohomish Cities, to increase communication between the county and its southern cities; and WHEREAS Peggy Pritchard Olson was honored on Thursday, February 26, 2009, with the sixteenth annual Edmonds Kiwanis Club's "Citizen of the Year" Award; and WHEREAS, Peggy was diagnosed a year ago with amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig's Disease, a progressive neurodegenerative disease that strikes suddenly and mysteriously; and WHEREAS, Upon learning of Peggy's diagnosis, friends rallied to create "Team Peggy, " which has brought community members together and has raised 28,000 dollars for the ALS Association through a variety of fund - raisers; and when Peggy learned that there was no local ALS Support Group, she helped establish a group at Steven's Hospital in Edmonds that quickly became one of the largest ALS Support Groups in a multistate region; and WHEREAS Peggy`s courage and determination have served as an inspiration to all, have generated public awareness of issues related to ALS, and have provided comfort to others who were coping with ALS but weren't aware of resources; and WHEREAS, The "Edmonds Loves Peggy" buttons seen around town bear testimony to the positive impact she has had on her entire community; NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate does hereby recognize the various contributions and lasting legacy made by Peggy Pritchard Olson; and Edmonds City Council Approved Minutes April 7, 2009 Page 7 BE IT FURTHER RESOLVED, That copies of this resolution be transmitted by the Secretary of the Senate to Peggy Pritchard Olson and to Gary Haakenson, the Mayor of Edmonds. Senator Shin presented the Senate Resolution to Couneilmember Olson. 8. UPDATE ON BUDGET BY MAYOR HAAKENSON. Mayor Haakenson recalled when he last updated the Council on the ending cash balance, he explained continued declines in revenue required him to make the budget cuts that he announced in mid -March that totaled over $300,000. The yearend cash balance was projected to fall as low as $250,000 at that time, $1 million less than the Council approved in the budget. He reported through a series of actions it has now been possible to increase the 2009 projected yearend cash balance to approximately $1.75 million. First, the budget cuts of $300,000 that he announced previously. Second, he planned to leave three additional positions vacant for the balance of 2009 including the Development Services Director position, creating a savings of an additional $300,000. Third, a decision was made not to make the annual contribution from the General Fund to the vehicle replacement fund, saving $300,000. Fourth, through a combination of furloughs and contract adjustments, the City's labor force has agreed to cuts totaling over $600,000. He summarized these actions would carry the City through 2009, even though the ending cash balance would be $1 million below the target. He explained that was the good news; the bad news was the City returns to a deficit position in 2010 and by 2014 would be $9 million in the red. While 2009 appears to be stable; immediate action in the form of some combination of new revenues or budget cuts would be required before the end of 2009. He advised revenue estimates had not been revised since the last update; although the trend was still downward, it was not reason enough to think the current projections were off base. He advised Finance Director Kathleen Junglov would provide a monthly update to the Finance Committee next Tuesday. He provided the Council a handout with the current forecasts. Council President Wilson asked Mayor Haakenson to describe the labor cuts that totaled $600,000. Mayor Haakenson explained each of the labor groups agreed to 3 -5% pay decreases. The non - represented employees volunteered nine furlough days for the reminder of 2009. The SEIU agreed to nine furlough days. The Teamsters agreed to nine furlough days but are still working out the details. Because it is extremely difficult for the Police and Fire Unions to take furlough days and would require someone taking a furlough day to be backfilled with overtime, they agreed to give up the holiday buyback program which totals approximately $200,000 for each union. Council President Wilson recalled there had been demands by Couneilmembers and citizens for the City's employees to give back. He expressed his appreciation to the City's employees for the votes they took to help the City during these difficult times. He recognized the employees did not agree to those pay cuts to support the flower program or to put new carpet in Council Chambers but to keep the lights on and the doors open. He commented on the difficult time Snohomish County was having with their labor unions, noting in Edmonds, Mayor Haakenson asked and the unions and non - represented employees gave back. He requested Mayor Haakenson invite each union and a member of the non - represented employees to speak to the Council on April 21 when the Citizens Levy Review Committee will make their presentation to the Council. Mayor Haakenson referred to Council President Wilson's comment that the employees agreed to pay cuts to keep the lights on and the doors open, clarifying the employees agreed to pay cuts and furloughs to avoid losing jobs. Edmonds City Council Approved Minutes April 7, 2009 Page 8 Recognizing that City staff was working under staffed and taking a pay cut, Councilmember Peterson encouraged the public to thank them for their sacrifice. He remarked this was a huge testament to Mayor Haakenson's relationship with the unions. He offered his thanks to Mayor Haakenson and to City staff. 9. AUDIENCE COMMENTS Wheeler Edwards, General Manager, Petosa's Family Grocer, commended the Council for considering a ban on plastic bags. In March 2008 Petosa's stopped offering plastic bags to their customers at checkout. They have experienced a very welcoming response from the community although some were disappointed because they reused the plastic bags. He commented the challenge was behavioral; Petosa's did not want to alienate customers so they reward customers with 5 cents for bags, they continue to offer paper bags as well as offer low cost recyclable cloth bags. He encouraged the Council to provide an incentive rather than negative reinforcement such as a fee. Mayor Haakenson encouraged him to speak during the public hearing. Darlyne Smith, Edmonds, South County Senior Center Community Relations Committee, thanked the Council for the support provided to the Senior Center this year that allows them to care for the social, physical and intellectual well being of seniors. She explained the Committee's focus was interacting and educating public and private organizations so that more seniors are aware of the community services offered by the South County Senior Center. She described many of the services offered at the Senior Center including a secondhand store; exercise, language, and history classes; nutritious lunches; an opportunity to take in relaxing views; and a community breakfast the first Friday of each month for only $5. The goal of the Committee is for more seniors to share their talents and enjoy a full and exciting life with others. Steve Harbinson, President, Edmonds Police Officers Association, explained after Mayor Haakenson asked each union to accept a reduction in pay, he approached his 61 members and they agreed nearly unanimously to a pay cut; for himself it was approximately 5 %. He emphasized they agreed to the pay cuts to save jobs, not to save the swimming pool or the flowers and he urged the Council to spend their money wisely. He explained the Police Union gave back approximately $205,600 from the paychecks they would receive in December. He relayed the Police Officers Associations recommendation that the Council put personal agendas aside and fix the City, including reconsidering building height restrictions, casinos and any other legal revenue options. He acknowledged Edmonds was a sleepy community but it was time to get past that and not allow the City to go broke. He offered to speak to the Council on April 21. He urged Council to find a solution so that employees were not continually asked to accept pay cuts. Ruth Arista, Edmonds, a resident and business owner, commented they had used paper bags in their business for 11 years and a ban on plastic bags was not impractical for them. She announced many downtown Edmonds merchants volunteered to display the Yost Pool collection bin on their counters to make it easy for people to donate. If the funds are not used, they will be returned to donors. With regard to sustainability, she referred to Business Alliance for Local Living Economics, a new organization bringing together economic development professionals, small business owners, social innovators, community volunteers and leaders to build local living economies. She described the 3 -50 project — purchase something from three independently owned businesses you would miss if they were gone, if half the employed United State population spent $50 each month in one independently owned business, their purchases would generate more than $42 billion in revenue. For every $100 spent in an independent store, $68 returns to the local community through taxes, payroll and other expenditures, compared to a national chain where only $43 dollars stays in the local community and none for online purchases. She encouraged citizens to shop locally. Edmonds City Council Approved Minutes April 7, 2009 Page 9 Heather Trim, People for Puget Sound, was thrilled with the Council's discussion regarding banning plastic bags. At their annual fundraising breakfast tomorrow, their Magnuson Award will be give to two organizations and one individual, Anne Murphy of the Port Townsend Marine Science Center for Education for their groundbreaking work on plastics in Puget Sound. She described their grassroots effort in Seattle on the Styrofoam ban and a plastic bag fee. She assured it was a global warming issue due to transport of bags to /from communities, production of the bags, and the impact bags have on waterways. She explained the American Chemistry Counsel, the plastics lobby funded by Exxon, funded the referendum signature gathering effort in Seattle last summer, paying signature gatherers $2 /signature, twice the typical rate. She noted there was a bag fee being considered by the California legislature and she anticipated the American Chemistry Counsel would spend millions opposing that effort. George Murray, Edmonds, suggested a sign saying Peggy Olson wants you to use paper as a way to discourage the use of plastic bags. He was pleased with the City's reduction in operating expenses. He expressed concern with the levy in November and instead urged the City to control spending. He suggested the Council create an Operations Review Board to review the City's operations. He commented the actual impact on an employee of a $10,000 salary reduction was only $3,000 and the employee kept their seniority, benefits, retirement, and their job. Clyde Dimmick, Edmonds, described many ways plastic bags were reused including for trash. He remarked reusable bags were often stored in unsanitary ways, spreading germs to the store counter and to homes. He encouraged the Council to research the issue further, noting there was not enough information provided regarding the organization that made the presentation regarding plastic in the ocean. Diane Buckshnis, Edmonds, referred to a land use permitting process and procedures matrix former Development Services Director Duane Bowman provided her regarding Chapter 20, comparing the existing process to the proposed process. The matrix illustrated the City Council would be removed from substantial shoreline development and shoreline variances. She referred to the Analysis of Joint Development Opportunities at Washington State Ferries Terminals and the minutes from the Port Commission that suggest changing the height limits on the Skippers property and the Antique Mall for future development. She requested Council remove Chapter 20 from the Consent Agenda and hold a second public hearing because the proposed process would allow development to occur without Council input. Fred Gouge, Port of Edmonds Commissioner, relayed the Port's congratulations to Councilmember Olson on her service to the citizens of Edmonds and for the Senate Resolution. With regard to Councilmember Bernheim's comments about "bringing the Port along," he reminded Council that the Port's mission statement was to be an environmental steward. The Port has been a five star marina for many years, Marina of the Year in 2006 for the United States and has been environmental friendly to the waterfront for many years. He emphasized the Port has a state -of -the -art workyard that meets stringent state requirements for copper levels and water runoff. He summarized the Port has been and continues to be an environmental leader on the Edmonds waterfront. Don Hall, Edmonds, was happy the Council was considering a ban on plastic bags. He noted Edmonds could take the first step and possibly the State would follow. He did not support charging a fee, noting it was simply a tax and he questioned who would receive the fee. He urged the City to also consider a Styrofoam ban. He commented most downtown retailers already did not use plastic bags and most offered reusable bags. He remarked the biggest issue with plastic bags was not in landfills but the hazards they posed to marine wildlife. Betty Larman, Edmonds, expressed concern with Council President Wilson's comment that compared the flower program with replacing the carpet in the Council Chambers. She recalled Councilmember Edmonds City Council Approved Minutes April 7, 2009 Page 10 Peterson during a previous election saying he would cut the flower program from the budget. She pointed out the flower program and parks were why people lived in and visited the City. She suggested the flower program be shifted from a "nice to have" to "a must have" due to the importance of the flowers to the City's beauty. She appreciated Mayor Haakenson's efforts to retain the program partially for 2009. Roger Hertrich, Edmonds, referred to Washington State Department of Transportation's (WSDOT) Analysis of Joint Development Opportunities at Washington State Ferry Terminals dated January 12, 2009. In this analysis, consultants developed several scenarios such as a tunnel under the railroad tracks and occupying most of the property between Main & Dayton including a 6 -story parking garage/ condominiums on the Skippers site. He pointed out any development of the ferry system in downtown Edmonds erected a virtual fence between the waterfront and downtown, preventing connections. With regard to Chapter 20, he pointed out the proposed changes removed the Council from much of the process. He suggested the Council obtain a copy of WSDOT's analysis, pointing out according to that document, the Washington State Ferry system wins. 10. MAYOR'S COMMENTS Mayor Haakenson had no report. U. COUNCIL COMMENTS Council President Wilson reported the Citizens Levy Review Committee completed their third meeting Monday. He noted the frustration demonstrated by a number of participants over the lack of money to pay for services and the limited revenue options. He observed that is the same frustration the Council has experienced, forcing them to make difficult decisions. Council President Wilson corrected a quote King 5 attributed to him that citizens needed to raise $120,000 to open Yost Pool, explaining Mayor Haakenson has had discussions with a group regarding raising funds for the pool. He summarized it may be possible to open the pool via rate increases and money raised in the community. He was supportive of opening the pool, including having it operated by a non -profit organization. He met with the operator of the Harbor Square pool who is interested in operating Yost Pool and Mayor Haakenson has met with another group interested in operating the pool. He acknowledged Yost Pool was an emotional issue as was the flower program, employee pay cuts, and the senior center. He referred to an email from Councilmember Plunkett stating he was offended that Council President Wilson wanted to keep Yost Pool open while grappling with the cuts and that he "talked the talk but didn't walk the walk." Council President Wilson assured Councilmember Plunkett he was doing his best; however, in the 24 days since the cuts were announced, the only comment Councilmember Plunkett has made was that he would support the resolution Council President Wilson proposed if the Yost Pool language were removed. Council President Wilson expressed frustration that there had not been any other input from the Council in the 24 days since the cuts were made. Councilmember Peterson thanked the audience for attending tonight's Council meeting, commenting it was great such a diverse group consisting of Edmonds merchants, the Sierra Club, Edmonds Backyard Wildlife Habitat, and citizens, could get behind this movement. He encouraged citizens to attend Edmonds' National Conversation on Climate Action on April 22 in the Brackett Room of City Hall from 6:00 to 9:00 p.m. Councilmember Plunkett recalled he opposed Title 20 when approved by the Council because it took land use decisions away from the City Council and instead gave them to staff, attorneys, judges and hearing examiners. He was willing to hold another public hearing on the matter. Edmonds City Council Approved Minutes April 7, 2009 Page 11 Councilmember Bernheim advised he also opposed the changes to Chapter 20 and would support another public hearing. With regard to the Citizen Levy Review Committee, he disagreed the participants were frustrated, noting he had witnessed care, curiosity and commitment. Next, he announced a blackberry cleanout at the fish hatchery on Saturday, April 11 and on Pioneer Way on April 18. Councilmember Olson thanked everyone for their support this year, commenting she was speechless. 12. EXECUTIVE SESSION REGARDING A REAL ESTATE MATTER At 9:18 p.m., Mayor Haakenson recessed the Council to a 10- minute Executive Session regarding a real estate matter. 13. ADJOURN The meeting was adjourned immediately following the conclusion of the Executive Session at 9:28 p.m. Edmonds City Council Approved Minutes April 7, 2009 Page 12