07/07/2009 City CouncilJuly 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
Tom Tomberg, Fire Chief
Mark Correira, Assistant Fire Chief
Jim Lawless, Assistant Police Chief
Stephen Clifton, Community Services /Economic
Development Director
Brian McIntosh, Parks & Recreation Director
Noel Miller, Public Works Director
Rob English, City Engineer
Scott Snyder, City Attorney
Sandy Chase, City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCIL PRESIDENT WILSON,
TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED
UNANIMOUSLY.
2. CONSENT AGENDA ITEMS
COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCIL PRESIDENT WILSON,
TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda
items approved are as follows:
A. ROLL CALL
B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 23, 2009.
C. APPROVAL OF CLAIM CHECKS #112506 THROUGH 112605 DATED JUNE 25, 2009
FOR $278,463.57, AND #112606 THROUGH 112734 DATED JULY 2, 2009 FOR
$887,007.05. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #48238
THROUGH #48310 FOR THE PAY PERIOD JUNE 16 THROUGH JUNE 30, 2009 FOR
THE AMOUNT $897,566.66.
D. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM STATE FARM
MUTUAL AUTOMOBILE INSURANCE COMPANY ($2,086.84), PUGET SOUND
ENERGY ($5,973.72), ALLIED BUILDING PRODUCTS CORP. ($3,904.86), AND
ROBERT PRESTON ($98.55).
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July 7, 2009
Page 1
E. APPROVAL TO SOLICIT BIDS FOR THE SOUTH COUNTY SENIOR CENTER MAIN
ENTRY REPAIR PROJECT.
F. AUTHORIZATION FOR MAYOR TO SIGN SUPPLEMENTAL AGREEMENT #5 FOR
THE INTERURBAN TRAIL PROJECT.
G. RESOLUTION NO. 1202 IN SUPPORT OF CREATING A SNOHOMISH COUNTY
HUMAN RIGHTS COMMISSION.
3. PUBLIC HEARING ON THE APPLICATION FOR A CONCESSION AGREEMENT. THE
AGREEMENT IS FOR THE USE OF THE PUBLIC RIGHT -OF -WAY IN ORDER TO PLACE A
TRAILER ON THE RIGHT -OF -WAY TO VEND FOOD AND BEVERAGES. THE SITE IS
LOCATED AT JAMES STREET IMMEDIATELY EAST OF THE FERRY HOLDING LANES
AND IS ADJACENT TO THE SR104 PARK. (APPLICANT: ANGELO NARCISO, WADE K.
KAHAIALII AND CYNDI AIONA COOK / SHORTS 'N SLIPPAS, LLQ
City Clerk Sandy Chase explained this is an application for a concession agreement with Shorts `N
Slippas. The applicant currently has a trailer on the City right -of -way at the end of James Street near the
ferry holding lanes where they serve food and beverages. They have been at this site since July 2008.
The applicant has requested renewal of the concession agreement for 2009 -2010. She advised no
concerns had been raised with City staff during the past year with regard to this concession agreement. In
response to mailed, posted and published public hearing notices, two letters were received in the Council
office today and have been provided to the Council tonight.
Edmonds City Code Chapter 4.04, Concession Agreements, states concession agreements may be granted
at the sole discretion of the City Council. The City Attorney approved the proposed new concession
agreement which has been updated to reflect a 3% increase in the monthly lease amount as well as the
leasehold excise tax for a total monthly lease of $116.23. Staff recommends the Council approve the
concession agreement.
Councilmember Bernheim referred to comments in one of the letters regarding storage, observing the
concession agreement did not appear to address the premises' conditions. City Attorney Scott Snyder
agreed it was not directly addressed in the agreement.
Councilmember Peterson asked whether the premises' conditions would be addressed by the City Code.
Mr. Snyder responded Chapter 6.40 is generally applicable to all businesses and requires property and
business owners to clean up around their licensed premises. Civil penalties apply and it can be the basis
for business license revocation.
Mr. Snyder advised staff was in the process of proposing revisions to the City's ordinance regarding
encroachment permits in response to recent public comment on the use of public rights -of -way and City
approval of encroachment permits as well as the fees for the rental /use of public rights -of -way via an
encroachment permit. This concession agreement is for undeveloped public right -of -way. In this
instance, the City is charging $116 /month for rental of the space occupied by the 98 square foot trailer.
Staff's research indicates this fee is similar to the amounts charged by adjacent communities.
Mayor Haakenson opened the public participation portion of the public hearing. He advised the Council
received a letter from Francis Knight who would like to have the trailer removed, and a letter from James
Lockhart who was pleased with the condition of the trailer. With regard to the comment in Mr.
Lockhart's letter about a fruit and jerky vendor set up occasionally on the lawn of the park north of the
restrooms, Mayor Haakenson explained they were operating there illegally and they have been informed
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July 7, 2009
Page 2
that was not permitted. There were no members of the public present who wished to provide testimony
and Mayor Haakenson closed the public hearing.
COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER WAMBOLT,
TO APPROVE THE CONCESSION AGREEMENT.
Councilmember Bernheim commented this was an example of a revenue- generating use the Council .
could encourage and suggested similar concessions be considered at the dog park, Senior Center, ferry
terminal or other locations throughout the City particularly during summer months. With regard to the
comments in the letter regarding the appearance of the premises, he suggested rather than legislating
standards for storage, the owner /operator be encouraged to respect neighbors and visitors and keep the
area around the trailer tidy to avoid addressing that issue in the concession agreement in the future. He
expressed support for approval of the concession agreement.
Councilmember Wambolt referred to the concern expressed by James Lockhart regarding the potential
proliferation of concessions, noting he had seen a truck selling food in the City recently. Ms. Chase
answered it was likely the truck had a solicitor's license. Trucks that serve food out a window are
allowed to park in a private parking lot for a day with the permission of the property owner. Mayor
Haakenson clarified they were allowed only on private property, not on City property.
MOTION CARRIED UNANIMOUSLY.
4. CITIZENS ECONOMIC DEVELOPMENT COMMISSION - NOMINATION AND SELECTION
OF COMMISSION MEMBERS
Council President Wilson advised each Councilmember would appoint two members to the Commission
and Mayor Haakenson would appoint three members.
Councilmember Bernheim nominated Rebecca Wolfe and Evan Pierce.
Councilmember Wambolt nominated Marianne Burkhart and Bruce Witenberg.
Councilmember Peterson nominated Frank Yamamoto and Rob VanTassell.
Council President Wilson nominated Michael Bowman and David Schaefer.
Mayor Haakenson nominated Bruce Faires, Bill Vance and Kerry St. Clair Ayers.
Councilmember Plunkett nominated Rich. Senderoff and Stacy Gardea.
Councilmember Orvis nominated Don Hall and Betty Larman.
Senior Executive Council Assistant Jana Spellman relayed Councilmember Olson's nomination of Darrol
Haug and Beatrice O'Rourke.
COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER WAMBOLT,
TO ACCEPT THE NOMINATIONS FOR THE CITIZENS ECONOMIC DEVELOPMENT
COMMISSION. MOTION CARRIED UNANIMOUSLY.
Community Services /Economic Development Director Stephen Clifton advised staff would contact the
people appointed to the Commission and he anticipated a meeting would be scheduled on July 1.6, 6:00 —
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July 7, 2009
Page 3
8:00 p.m. A monthly meeting would be held thereafter through December 2010. He anticipated the
committee would nominate a Chair to lead the monthly meetings.
Council President Wilson advised this group would establish its rules based on the Council's vision in the
ordinance establishing the Commission. He suggested Mayor Haakenson select a person to chair the first
1 -2 meetings until a Chair could be elected by the members. It was the consensus of the council to allow
the Commission to select their own chairperson.
Councilmember Wambolt commented there were many good applicants for the Commission. To those
not selected, he assured it did not reflect the Council's assessment of them, there were simply more
applicants than positions. He selected a representative from the Port due to the importance of economic
development to the Port and he also wanted a representative of the Highway 99 Taskforce on the
Commission.
5. AUDIENCE COMMENTS
George Murray, Edmonds, commented on a Fiddle Tunes camp in Port Townsend last week that
attracts 500 -600 musicians and generates money for Port Townsend and suggested a similar event be held
in Edmonds. He noted the event had a "town" feeling, commenting on the difference between the use of
"city" and "town." For example, small town atmosphere has a different meaning than small city
atmosphere. He preferred a small town attitude, a Town Council where the members knew each other
and who did not wear a suit to a meeting with friends. He thanked Elizabeth Scott for her comments last
week regarding the need for belt tightening. He was disappointed in Council President Wilson's article in
the Edmonds Beacon that reiterated expenses are not a problem; emphasizing expenses were always a
problem and had to be watched carefully. He referred to UCLA Basketball Coach Wooden who begins
coaching freshmen players by teaching them to put on shoes and socks. He concluded that type of
continual attention to detail was necessary to keep expenses under control and if expenses were under
control, there would not be problems with revenue.
Pamela Van Swearingen, Edmonds, thanked the Council for passing the resolution submitted by
Council President Wilson supporting the creation of a Snohomish County Human Rights Commission.
She explained a citizen group has been working on this for approximately 2�/z years. King County passed
a similar ordinance in the 1990s, Seattle's ordinance has been in effect since the mid- 1970's, and both.
Pierce County and Tacoma have Human Rights ordinances. She recognized Edmonds as the first city in
Snohomish County to express their support for the creation of a Snohomish County Human Rights
Commission. Further information was available at the citizen group's website: www.SCCCHR.org.
Robert Rhine, Edmonds, was grateful the hostility and lack of respect exhibited by the Council two
weeks ago was not present tonight. He referred to the phrase "one nation under God" in the Pledge of
Alliance and the phrase "In God We Trust" on a $20 bill, and other laws taken from the Book of
Leviticus, asking City Attorney Scott Snyder about the separation of church and state. Mr. Snyder
offered to confer with him during a break.
Al Rutledge, Edmonds, referred to Edmonds' ban on fireworks, noting a lot of fireworks were set off in
the unincorporated area on Hwy. 99. He recalled the City has attempted to annex this area three times in
the past and asked whether there were plans to annex the area in the future.
Dave Page, Edmonds, commented on newspaper headlines from the Reporter in the Florida Keyes
regarding incompetent employees, commenting that appeared to be the norm in that area but was very
damaging to the community's reputation. He commented it was the City leaders who set the standards
that create a town's reputation. He advised the approximately $4 million levy this November was a drop
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July 7, 2009
Page 4
in the bucket for the privilege of living in a town like Edmonds. He expressed his appreciation for the
leadership the Council and City employees establish for citizens to follow. He pledged to work on
passage of the levy.
Rich Senderoff, Edmonds, commended the Council for approving the resolution supporting the creation
of a Snohomish County Human Rights Commission on the Consent Agenda. He noted resolutions that
reminded everyone of their basic rights and responsibilities and encouraging citizens to live by them were
beneficial to the community. He suggested Council President Wilson read the resolution during Council
comments. He was encouraged by the number and diversity of members on the Snohomish County
Citizens Commission for Human Rights who initiated this effort. In addition to citizens and local
politicians, labor, County Council, the County Executive, the County Prosecutor, the County Sheriff, U.S.
Department of Justice, Washington State Human Rights Commission, the faith community as well as
many immigrant and minority groups participated in this effort.
Idolina Reta, Deputy Director, Washington State Human Rights Commission, advised she was
informed by Ms. Van Swearingen that the City Council was considering a resolution in support of
forming a Snohomish County Human Rights Commission. She explained the Washington State Human
Rights Commission had been working with the citizens group for over a year on this effort and the group
is very passionate about the formation of a Snohomish County Human Rights Commission. She
commented on the limitations of the State Human Rights Commission, advising they have only 20
employees to investigate over 1200 complaints each year. She commended the Council for approving the
resolution.
Mark Hintz, a member of the citizens group, thanked Council President Wilson for bringing the
resolution to the Council for consideration and thanked the Council for approving the resolution. He
commented the time was right to form a Human Rights Commission in Snohomish County to protect
people from discrimination.
Diane Buckshnis, Edmonds, expressed concern there was no information available on the City's website
regarding the Fire District 1 proposal related to the Edmonds Fire Department. She posed several
questions: why now in this difficult recession, how do citizens benefit, how will the City's firefighters be
impacted, will the real estate be valued appropriately, and will the approximately $2.5 million income
stream the Fire Department provides be future- valued. She requested citizens be given sufficient
information at the time public hearings are held to allow them to provide their insight.
Roger Hertrich, Edmonds, expressed concern with the outdoor dining area in front of the business that
is adjacent to the theater that reduced the sidewalk area to less than 5 feet, forcing pedestrians to walk
single file next to the curb. It was his understanding a street use permit would allow tables /chairs, not a
fenced area. His research of the City's code revealed the use must be temporary and items on the
sidewalk may encroach into a maximum of 2 feet of the public sidewalk; however, in this instance, the
fence appears to be permanently attached to the sidewalk and encroached 3 feet into the sidewalk. He
suggested Mayor Haakenson request the fenced -in area be removed. He did not object to outdoor dining
but wanted it to be reasonable.
6. DISCUSSION REGARDING FIRE DISTRICT 1 PROPOSAL RELATED TO THE EDMONDS
FIRE DEPARTMENT
Fire Chief Tom Tomberg recognized numerous Edmonds Fire Department and Fire District 1 employees
in the audience and introduced Fire District 1 Chief Ed Whiddis. He explained this was a status report on
negotiations on the contract for service proposal received from Fire District 1 to provide fire /EMS
services to the City of Edmonds.
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Chief Tomberg explained to date they have learned that a contract for service with Fire District 1 will do
the following:
• Ensure high quality fire /EMS service while reducing City costs.
• Continue operation of three, fully staffed fire stations.
• Replace automatic aid agreements with a formal contract for service.
• Enhance fire service operations as part of an 11 station Fire Department with a minimum of 41
personnel on duty 24/7.
• Enhance training, education and career opportunities for members of the Edmonds Fire
Department (EFD).
• Another step toward fire service regionalization with attendant efficiencies and effectiveness.
• Lighten the financial cost/daily workload of the remaining City workload with the transfer of 54
employees to Fire District 1.
• Address long term EFD needs for staffing, administrative headquarters, and a training facility.
• Contains a method for the Fire Department to return to the City should the transfer be
unworkable.
• Maintain responsiveness to elected officials and citizens through various required meetings,
reports, and checks in the agreement.
• Facilitates a City request for a fire insurance survey from the Washington Surveying & Rating
Bureau (last done in 1990), with a good chance fire insurance rates will decrease.
• The District has a track record of leadership and quality service delivery; Mountlake Terrace
Mayor, Mountlake Terrace City Manager, and Brier Mayor offered to answer any questions the
Council has about the service delivery they receive.
Chief Tomberg provided a history of the contract for service proposal:
• April 13, 2009 — Fire District t presented their proposal.
• April 16, 2009 — the proposal was sent to the Council.
• April 21, 2009 — Council authorized the Mayor and staff to negotiate the proposal with Fire
District 1.
• Multiple meetings have been held with fire administrations, labor groups, elected officials (Mayor
Haakenson and Councilmember Wambolt in Council President Wilson's absence) and appointed
officials (Community Services /Economic Development Director Stephen Clifton and Finance
Director Kathleen Junglov).
• Close to having an action agenda item for Council consideration.
Chief Tomberg commented regionalizing fire service in South Snohomish County was not a new concept.
There have been at least 9 formal attempts since 1984 to merge, join, consolidate or offer contracts for
service to or in different combinations of Southwest Snohomish County fire /EMS agencies including
Brier, Edmonds, Fire District 1, Fire District 11, Lynnwood, Medic 7, Mountlake Terrace, Mukilteo
and/or Woodway. Successful efforts to date include the merging of Fire District 1 and Fire District I I on
January 1, 2001 and Mountlake Terrace and Brier began receiving fire /EMS through a contract for service
with Fire District 1 on January 1, 2005.
He noted the service agreement that will be presented to the Council is modeled after Mountlake
Terrace's 2005 agreement and the 1995 -1996 Esperance agreement between the City and Fire District 1.
In 1995 -1996, the City purchased Station 20 from Fire District 1 including the station, land, apparatus,
equipment, and transferred personnel from Fire District 1 as part of an Interlocal Agreement.
He cited other successful combinations including the following:
• Automatic Aid Agreements
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July 7, 2009
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• National Incident Management System (NIMS) and Incident Command System (ICS)
• Snohomish County Technical Rescue Team
• Snohomish County Hazardous Materials Response Team
• SNOCOM 9 -1 -1 Dispatch
• ESCA Emergency Management
• Snohomish County Emergency Radio System (SERS) — 800 MHz
• E -911 Committee
• Medic 7 (1979 -2003)
Chief Tomberg provided a profile of Fire District 1:
• 8 fire stations (serves Mountlake Terrace and Brier)
• 167 FTEs with a minimum of 29 personnel on duty 24/7
• Serve 150,000 people
• Their sole mission is full service provider of patient and citizen life and safety services.
• Currently building a 4 -story training facility on a 2.5 acre site adjacent to their 40,000 square foot
headquarters. Edmonds has needed a Fire Department headquarters and training facility.
He identified additional services Fire District 1 provides:
• Training Division personnel (3)
• Training Facility
• EMS Officers (3)
• Safety Officer
• Public information
• Public education
• Offer adult, child and infant CPR
• Offer first aid training
• Offer bike /ski safety helmet program
• Offer a proactive school program
• Child passenger safety check program
• Senior citizen programs
• Honor Guard
• Volunteer Program
He identified Edmonds operating costs:
Program budget, 2009 Fire Staff Administered
(page 107 in the budget book
$7,571,969
Other Fire Costs, 2009
Direct or partial
1,066,829
Overhead costs, 2008
401,040
Estimated Total
$9,039,838
He provided a breakdown of Other Fire Costs:
Fire Station Debt Service for stations 16, 20 &
(part) 17
$ 356,957
Apparatus Replacement
212,289
Pension Transfer
46,624
*ESCA (part)
33,953
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*800 MHz Debt Service (part)
50,393
*LEOFF 1 Medical. Transfer
116,991
* SNOCOM (part)
249,622
Total
$1,066,829
*Anticipated ongoing City costs
Chief Tomberg provided a breakdown of Overhead Fire Costs 2008, services fire would no longer
require:
Payroll
$ 6,572
Pa ables
4,074
Finance/Budget
12,456
Administration
75,895
Legislative
29,982
Legal
18,500
Human Resources
50,117
Insurance
45,820
Facilities /Grounds Maintenance
83,694
Technology
73,989
Total
$ 401,040
He reviewed contract for service elements:
• Levels of service maintained and enhanced by Fire District 1 assets and resources.
• Improved training, education and career opportunities.
• Fire Marshal and Inspector, Fire District 1 employees, would maintain offices in Edmonds City
Hall. Fire District 1 does not have a Fire Marshal; Fire Marshal services in the unincorporated
area are provided by the Snohomish County Fire Marshal. The Fire Marshall and Inspector
would continue their responsibility for plans inspection, permits, etc. with revenue to the City.
• Station staffing unchanged.
• RCW 35.103 Plan the Council approved on June 16 regarding staffing /response times maintained
(improved).
• Criteria -based 9 -1 -1 dispatched employed by SNOCOM unchanged.
• Provides a 4 -year lease- purchase of fire stations and land, prices established by WCIA appraiser
via building replacement value, plus 2009 Snohomish County Assessor land value, minus
depreciation.
• Payment model based on direct City fire station personnel costs and indirect overhead costs.
• Fire District 1 would provide Esperance service, negotiates with Woodway to assume contract for
service, reduces Edmonds annual payment based on serving Esperance and Woodway.
• Initial 2010 payment serves as the base amount for 2011 adjustment.
• Adjustments occur annually by comparable fire agencies median compensations, or CPI -W for
direct station labor cost plus indirect operating costs: 10% for administrative overhead, 10% for
stations and equipment, City pays 75% of Fire Marshal and Inspector, apparatus replacement
costs.
• District provides EMS transport, administers the program, collect fees, assume billing and
collection costs.
• City continues to conduct EMS levy, collect revenue.
• EFD employees become Fire District 1 employees, rank and seniority intact.
• No diminishment in wages, Fire District I benefit package applies.
• EFD labor immune from layoffs for five years.
• Labor impacts collectively bargained.
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• Accrued vacation and sick time hours transfer to Fire District 1, vacation and sick payout to Fire
District 1 based on formulas in the labor contracts and the City policy.
• Apparatus and vehicle accepted as -is, purchased lump sum, value determined by Fire Trucks
Plus, Kelly Blue Book, or acquisition cost, apparatus /vehicle replacement funds set aside to
replace those vehicles paid to Fire District 1.
• Equipment (on -board and from asset list) purchased lump sum as -is, City transfers equipment
replacement funds to Fire District 1.
• City retains public safety boat.
• City retains membership and financial responsibility for ESCA, SNOCOM, and SERS.
• City and Fire District 1 may contract for additional services.
• 20 -year agreement, automatic renewal for 5 years.
• Definition of "material breach."
• Conditional termination within first 5 years.
• if terminated, fire stations, land, apparatus and vehicles, equipment and personnel transfer back to
City — return process same as departure.
• Various legal sections regarding dispute resolution, etc.
• Required meetings and reports.
Chief Tomberg recapped the City's responsibilities:
• Pay contract annually for fire /EMS service.
• Transfer 54 employees (once).
• Transfer accrued sick and vacation time (once).
• Payout of vacation time and a portion of sick time (once).
• Sell stations and land (4 -year lease - purchase).
• Sell apparatus /vehicle (once).
• Pay apparatus /vehicle replacement funds (once).
• Sell equipment (once).
• Pay equipment replacement funds (once).
• EMS transport fees collected by Fire District 1 (ongoing).
• Esperance and Woodway service contracts to Fire District 1 (ongoing).
• Collect EMS levy revenue (annual).
• Collect plans, inspection, permit revenue (ongoing).
Chief Tomberg recapped Fire District 1 responsibilities:
• Paid for providing fire /EMS service.
• Receive transfer of 54 employees (once).
• Receive accrued sick and vacation time (once).
• Paid vacation time, portion of sick time (once).
• Lease - purchase station and land (over 4 years).
• Purchase apparatus /vehicles (once).
• Paid apparatus /vehicle replacement funds (once).
• Purchase equipment (once).
• Paid equipment replacement funds (once).
• Collect EMS transport fees (ongoing.)
• Provide service to Esperance and Woodway (ongoing).
Chief Tomberg reviewed next steps:
• Draft sent to City Attorney on July 2.
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• Meeting between elected, appoints, fire administration and labor at Edmonds City Hall on July 8.
• Draft contract and exhibits turned over to Mayor and negotiating team.
• Mayor and team negotiate with Fire District 1.
• Final review by City Attorney.
• Submission to Council for action.
• Public hearing(s).
• Council action.
• Fire District 1 on parallel track.
Councilmember Bemheim referred to the comment in the presentation that the transfer to Fire District 1
would provide attendant efficiencies and effectiveness and asked whether there would any attendant
inefficiencies or ineffectiveness as a result of the transfer. Chief Tomberg responded fire departments
could be too big although he did not feel 11 stations was too big. He commented there were economies of
scale and things Fire District 1 did today that would also apply to Edmonds. He felt after the transfer Fire
District 1 would be the right size for an urban county particularly with the growth occurring in Edmonds
and the unincorporated area.
Councilmember Bernheim referred to the presumption that financial costs would be lightened, pointing
out if the City was paying a fee based on a formula, there was the potential for it to ratchet out of control
and increase the City's financial obligation for providing fire service, yet the City would have less
control. He asked if it was possible costs could escalate out of control. Chief Tomberg acknowledged
there was the potential for costs to get out of control in any governmental agency. He noted the contract
for service provided to the Council on April 13 contained a base fee; that fee was seven figures less than
the 2009 Fire Department program budget. He acknowledged costs did not go down; the best scenario
was to control the raise of the increase which could be done with efficiencies and economies of scale.
Councilmember Bernheim noted tonight's presentation was heavy on the positive and wanted to ensure
the negatives were considered to avoid making a "pie in the sky" decision. He referred to the potential
decrease in fire insurance rates and asked if individual homeowners could expect to save $5 or $100.
Chief Tomberg replied closer to $5 than $100 but that was a great deal when the savings to all households
were combined. With regard to negatives, Chief Tomberg noted they would be considered when the draft
contract was forwarded to Mayor Haakenson and his negotiating team. He summarized regionalization
was the way to go and the City should consider regionalizing as many services as possible.
Councilmember Bernheim asked about unsuccessful consolidation efforts. Chief Tomberg answered
there had been more unsuccessful than successful consolidation efforts; he had been involved in one other
consolidation since 1999.
Councilmember Bernheim commented regionalization can result in a loss of control. Chief Tomberg
agreed that was possible, noting a good contract with adequate checks was key. He pointed out in many
King County cities, police services are provided via a contract with the King County Sheriff's Office. He
summarized not every city can afford to be a full service city anymore.
Councilmember Bernheim referred to the list of additional services that would be provided by Fire
District 1 such as a safety officer, public education, first aid training, child safety, etc. and asked if the
citizens in Fire District 1 would lose some of those services if those services were provided to Edmonds.
Chief Tomberg answered the transfer of 54 employees would assist with the delivery of those services.
Councilmember Bernheim referred to the list of Edmonds Fire Department costs, asking whether they
were net of revenues. Chief Tomberg answered they were not. Councilmember Bernheim asked whether
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July 7, 2009
Page 10
the revenue raised by the Fire Department was reflected in the presentation. Chief Tomberg answered
revenue was not included, noting the information provided to the Council on April 13 indicated there
would be a $1.4 million savings. Councilmember Bernheim recommended the presentation include the
revenues that would be lost if the City contracted with Fire District 1 for fire service. Chief Tomberg
recalled from the budget the Fire Department generated approximately $5.6 million.
Councilmember Bernheim asked when and how that information would be provided to the Council.
Chief Tomberg advised staff was meeting with Fire District 1 tomorrow and he anticipated another
meeting later this week with both labor groups and both fire administrations to complete the draft contract
before it was forwarded to Mayor Haakenson. Mayor Haakenson advised once he received the contract,
he and staff would review it and he was hopeful it could be presented to the Council within a month.
Councilmember Wambolt asked what methodology was used to determine the price when the City
purchased Fire Station 20. Chief Tomberg answered Fire District 1 hired a professional appraiser. He
advised in this process WCIA had an appraiser determine the replacement value. Those numbers will be
included in the draft contract provided to Mayor Haakenson.
Councilmember Wambolt referred to comments that it may not be a good time to sell fire stations due to
the depressed real estate market, noting there was not an open market for fire stations. He anticipated the
value would be determined via replacement cost versus market value. Chief Tomberg answered that was
Finance Director Kathleen Junglov's determination as well and she supported the use of WCIA. Mayor
Haakenson advised the assessed value from the Snohomish County Assessor in 2010 for Station 20 is
$115,000 less than 2009; if the sale is not complete until 2010, the price will be at least $115,000 less.
Councilmember Wambolt referred to the list of other fire costs in 2009 and costs that were anticipated to
be ongoing. He recalled when contracting with Fire District 1 was originally considered, the estimated
saving to the General Fund was $1 million. He asked whether these ongoing costs would reduce the
estimated savings. Chief Tomberg answered the other fire costs were the portion of costs paid by fire; for
example, the total annual charge for SNOCOM was $819,661; of that fire paid $249,622, Public Works
pays 5 %, the remainder is paid by law enforcement.
Councilmember Wambolt inquired about the comment that Fire District 1 would reduce Edmonds' annual
payment based on serving Esperance and Woodway. Chief Tomberg advised the base fee quoted in the
documents provided to the Council on April 13 deducted the amount Fire District 1 would retain by not
contracting out Esperance and what they would gain from being a contract provider to Woodway.
Councilmember Peterson commented the additional services provided by Fire District 1 such as CPR
training, safety programs, senior citizen programs, etc. was a big positive in addition to the financial
aspects. He inquired about the cost for the Edmonds Fire Department to establish a similar CPR program.
Chief Tomberg answered it would require payment of overtime because a class could not be conducted
with on -duty staff. Fire District 1 had the resources to provide those services uninterrupted; Edmonds
Fire Department did not. Councilmember Peterson commented those were services that a city of
Edmonds' size and character should offer.
Councilmember Peterson asked about the current automatic aid agreements. Chief Tomberg responded
they were written agreements but automatic aid was provided as resources were available versus
providing services throughout the district via 11- stations. He advised automatic aid agreements with
other fire agencies such as Lynnwood would continue. Fire District 1 personnel obtained the 32
signatures necessary on the automatic aid agreement.
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July 7, 2009
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For Councilmember Peterson, Chief Tomberg agreed this was a step toward regionalization. He recalled
meetings held regarding the formation of a Regional Fire Authority were postponed due to annexation
issues in other areas. The intent was to combine resources for great efficiencies and greater effectiveness.
Council President Wilson commented he trusted Chief Tomberg and Fire District 1's expertise. He
commented on the importance of comparing "apples to apples" such as the $1 million savings as well as
negatives from the Edmonds Fire Department and Fire District 1's perspective. He referred to Chief
Tomberg's comment that Edmonds did more with less than a lot of fire departments and that Edmonds
department raised more of its program budget than many other fire departments, asking whether the City
adequately funded fire service. Chief Tomberg answered not in his opinion.
Council President Wilson referred to the list of services Fire District 1 could provide and asked which
were "need to have" and which were "want to have." Chief Tomberg commented most of the services on
that list should be provided by an urban fire department. He pointed out the importance of a training
facility. Council President Wilson asked why Edmonds did not take advantage of the capital investment
Fire District 1 and Shoreline have made in their training facilities. Chief Tomberg answered Edmonds
personnel did use those facilities periodically but it was when those agencies were not using the facilities.
Council President Wilson asked if Edmonds fire personnel were under trained due to the lack of a training
facility. Chief Tomberg answered training was critically important to the fire service and the best way to
provide training was to have a facility within or close to the community that personnel can access. If
Edmonds were partners in the Shoreline facility, greater access would be available. As part of Fire
District 1, half the stations train at one time while the other stations provide coverage.
Council President Wilson asked how much more money would be needed to adequately fund fire service
in Edmonds. Chief Tomberg answered he did not have the answer, but it would include building a fire
training facility and a Fire Department headquarters. He commented in the ten years since he has been
the Fire Chief, the budget has been flat lined and he did not anticipate that would change in the future. He
viewed the fire proposal, the levy and the Economic Development Commission as a three- legged stool to
increase City revenues. The City did not need to have its own fire department; it needed to ensure fire
and EMS services were available to its citizens and in his opinion the best way to provide those services
was via a regionalized service with Fire District 1.
Council President Wilson emphasized he was trying to figure out how to compare apples with apples. He
was a firm advocate of going to the public to ask if they wanted to spend more for certain services. If he
were able to determine how much would be required to adequately fund Fire Department operations as
well as funds for capital projects, he could compare that with the proposed contract and make an informed
decision.
Chief Tomberg recalled capital projects were one of the first causalities of the Citizen Levy Review
Committee. Council President Wilson commented the intent of the levy this November was not to solve
everything; with the passage of initiatives limiting property taxes increases to 1%, cities must go to the
voters more often. Regardless of whether the levy passed this November, he assumed the Council would
go to the public for another levy in the next few years. He summarized although a bond for capital
projects was not placed on the ballot this November, that did not mean it would never happen. Chief
Tomberg offered to provide the cost of acquiring the land next to Station 16 and to construct a training
facility and Fire Department administration headquarters as well as the cost to hire staff to provide the
additional services Fire District 1 can provide. Council President Wilson recalled in a recent report the
primary strategy to decrease response time was to reallocate stations and asked Chief Tomberg to
estimate the cost of reallocating stations. Chief Tomberg anticipated the costs would be monstrous.
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July 7, 2009
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Councilmember Plunkett referred to the list of other successful combinations and asked whether Edmonds
could afford to do its own SNOCOM. Chief Tomberg answered it would be cost prohibitive.
Councilmember Plunkett asked if the Council had complete local control over SNOCOM. Chief
Tomberg replied Edmonds had two votes on the SNOCOM Board. Councilmember Plunkett asked if
Chief Tomberg considered SNOCOM a successful regional effort. Chief Tomberg answered it was
extremely successful.
Councilmember Plunkett asked about the success of the 800 MHz radio. Chief Tomberg answered it
worked very well and was one of the best 800 MHz systems in the state. Councilmember Plunkett asked
whether Edmonds could afford to do its own system. Chief Tomberg answered no. Councilmember
Plunkett pointed out the Council did not have full control of the 800 MHz. Chief Tomberg advised the
City had one vote on the Board.
Councilmember Plunkett commented the City had representatives on the other boards listed under other
successful combinations and asked whether those organizations served the City well. Chief Tomberg
answered yes; for example the E -911 Committee administers a $9.2 million budget in 2010.
Councilmember Plunkett referred to the statement in Chief Tomberg's presentation that the City would
retain membership and financial responsibility for ESCA, SNOCOM and SERS. The draft contract states
the District shall represent the City on intergovernmental boards. Chief Tomberg answered it should state
that the City retains membership and financial responsibility, however, there may be committees on
which technical expertise is important and Fire District 1 personnel should represent the City.
Councilmember Plunkett asked why the contract proposed a 4 -year lease- purchase rather than a lump sum
purchase. Chief Tomberg answered it was more practical and was subject to negotiation.
Councilmember Plunkett asked about the information provided regarding Edmonds Fire Department
operating costs, overhead costs and other fire costs. Chief Tomberg answered it was an attempt to
illustrate the cost to operate the Fire Department for one year. Councilmember Plunkett suggested the
information be provided in a format that illustrated savings via contracting with Fire District 1. He asked
about other fire costs that could be eliminated such as fire station debt service, apparatus replacement and
pension transfer. Chief Tomberg answered for example when the fire stations were sold, the Council .
could pay us those funds to pay off the debt service if they chose.
Councilmember Plunkett asked Chief Tomberg to explain how the overhead costs ($401,040) were
calculated. Chief Tomberg answered the numbers reflect the Fire Department's 20% utilization of the
City's employees. He explained without the Fire Department, some of the overhead costs could be
reallocated; for example with 54 fewer employees, there was less payroll to calculate and that employee's
time could be reallocated.
For Councilmember Orvis, Chief Tomberg explained Fire District 1 did not have a Fire Marshal because
those services were provided by the Snohomish County Fire Marshal. Councilmember Orvis asked how
inspections would be conducted. Chief Tomberg answered nothing would change, the engine company
fire inspection program would continue.
Mayor Haakenson anticipated staff and he would return to the Council within the next month with another
update.
Councilmember Wambolt referred to the anticipated $1 million savings to the General. Fund, pointing out
comparing the Edmonds Fire Department to Fire District 1 was comparing apples to oranges because Fire
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July 7, 2009
Page 13
District 1 could provide more services. If Edmonds was providing those services, the savings would be
considerably more than $1 million.
7. MAYOR'S COMMENTS
Mayor Haakenson referred to Mr. Hertrich's comments regarding the outdoor dining at Daffney's next to
the theater, explaining after the street use permit was issued to construct the temporary structure, staff had
concerns with what was allowed by the Code. He assured the temporary structure was legal and in
accordance with what is allowed by the Code and was 44 inches from the curb to the bump -out. Staff
plans to make a report to the Council in a few weeks regarding how other cities address outdoor dining,
the Washington State Liquor Control Board's requirements for outside liquor sales, etc. He advised
Daffney's permit was for one year and would expire this winter. No other street use permits for outdoor
dining were being issued while staff reviews the Code.
8. COUNCIL COMMENTS
Council President Wilson read the resolution the Council approved as Consent Agenda Item. G:
A RESOL UTION IN SUPPORT OF THE CREATION OF A HUMAN RIGHTS COMMISSION
IN SNOHOMISH COUNTY
Whereas, the reduction of hate and bias crime saves community and personal revenue by
reducing property loss f om vandalism, litigation and court costs and reduction in use of emergency
services such as police and medical professionals; and
Whereas, a Snohomish County Human Rights Commission will provide for more local control
over content of the law and will be better able to respond to emerging trends in the community; and
Whereas, with local enforcement capability a Snohomish County Human Rights Commission will
have the inherent credibility to perform outreach education and dispute resolution functions necessary to
provide a more effective program; and
Whereas, a local Snohomish County Human Rights Commission can provide resources spent to
assist with local needs that are not prioritized at the state level in competition with the needs and issues of
the entire state; and
Whereas, the local community can better identify local resources that may be missed or not
utilized by the state to address local concerns and issues; and
Whereas, after one year of work, the Snohomish County Council is ready to pass an ordinance
creating a Human Rights Commission,
Now therefore be it resolved that the Edmonds City Council supports the creation of a Snohomish
County Human Rights Commission and endorses adoption, by the Snohomish County Council, of the
Ordinance to create a Snohomish County Human Rights Commission.
Council President Wilson explained the July 21 agenda will include a resolution to approve the levy for
the November ballot and the July 28 consent agenda will include an ordinance to send to Snohomish
County to place the levy on the November ballot. He advised he would be absent from the July 28
meeting due to work related travel.
Councilmember Peterson commended the Council for approving the resolution supporting the creation of
a Snohomish County Human Rights Commission. He thanked the Greater Edmonds Chamber of
Commerce for the 4th of July Children's Parade, noting there were over 2,000 participants in the
Children's Parade. He extended his thanks to the Chamber staff and countless volunteers for their efforts
on the main parade and fireworks, providing an Edmonds -kind of 4th of July.
Edmonds City Council Approved Minutes
July 7, 2009
Page 14
Councilmember Wambolt suggested if the initiative proposed by Tim Eyman to limit the revenue cities
collect to the rate of inflation plus growth in population passed, it may negate the City's levy. Council
President Wilson responded the initiative accepts voter - approved levies and if it did not, the State
Constitution allows citizens within a jurisdiction to tax themselves. Councilmember Wambolt
commented the wording of the initiative required a vote in a subsequent election.
Councilmember Wambolt recalled two weeks ago a citizen mentioned the possibility of the Edmonds
Post Office closing. Mayor Haakenson answered there was a consolidation effort occurring in the postal
service and consideration was being given to retaining the Perrinville station and closing the Edmonds
station next year. The postal service is looking for ways to economize and the Perrinville station was
much newer and in better condition. Councilmember Wambolt suggested the Council discuss whether an
effort should be made to convince the postal service to keep the Edmonds Post Office open.
With regard to the outdoor dining area near the theater, Councilmember Bernheim expressed his support
for outdoor dining, viewing it as an untapped potential revenue source. He noted in other countries streets
are closed to allow outdoor dining in summer months. He suggested holding a street dining festival in
Edmonds. He was supportive of Daffney's outdoor dining area as long as it did not violate the Code
which allows only temporary structures; however, the railings appear to be bolted into the sidewalk.
Councilmember Bernheim suggested in an effort to promote outdoor dining, the City replace at least one
parking space each year with a pedestrian sidewalk area. For example, in front of Daffney's, one parking
space could be converted into a mini esplanade. He suggested 3 -4 parking spaces in front of the property
the City purchased at Old Mill Town be converted into a pedestrian area.
Councilmember Plunkett commented the Council supported outdoor dining. He pointed out the
downtown sidewalks were widened 20 -25 years ago and bump -outs constructed to create outdoor dining
spaces.
Councilmember Plunkett thanked the Chamber of Commerce for their efforts on the 4t' of July parade and
fireworks, noting they incurred approximately $15,000 in debt to provide the 4`h of July festivities this
year.
9. ADJOURN
With no further business, the Council meeting was adjourned at 9:06 p.m.
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July 7, 2009
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