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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). Edmonds City Council Approved Minutes 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 Edmonds City Council Approved Minutes 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 — Edmonds City Council Approved Minutes 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 Edmonds City Council Approved Minutes 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. Edmonds City Council Approved Minutes July 7, 2009 Page 5 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 Edmonds City Council Approved Minutes July 7, 2009 Page 6 • 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 Edmonds City Council Approved Minutes July 7, 2009 Page 7 *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. Edmonds City Council Approved Minutes July 7, 2009 Page 8 • 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. Edmonds City Council Approved Minutes July 7, 2009 Page 9 • 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 Edmonds City Council Approved Minutes 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. Edmonds City Council Approved Minutes July 7, 2009 Page 11 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. Edmonds City Council Approved Minutes July 7, 2009 Page 12 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 Edmonds City Council Approved Minutes 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. Edmonds City Council Approved Minutes July 7, 2009 Page 15