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11/12/1985 City CouncilI THESE MINUTES SUBJECT TO NOVEMBER 19, 1985 APPROVAL EDMONDS CITY COUNCIL MINUTES November 12, 1985 Work Meeting The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag sa- lute. PRESENT Larry Naughten, Mayor. Steve Dwyer Laura Hall Jo -Anne Jaech Bill Kasper Lloyd Ostrom Jack Wilson Tammy Schwartze, Student Rep. ABSENT. r STAFF PRESENT John Nordquist Mary Lou Block, Planning Div. Mgr. Peter Hahn, Comm. Svcs. Director Steve Simpson, Parks & Rec. Director Jack Weinz, Fire Chief Bobby Mills, Acctg. Pub. Wks. Supt. Pat LeMay, Personnel Mgr. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Naughten congratulated the Council candidates who won election and re-election to the Coun- cil: Councilmembers Wilson, Hall & Dwyer CONSENT AGENDA COUNCILME14BER OSTROM MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE CONSENT AGENDA. MO- TION CARRIED. The approved items on the Consent Agenda included the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF NOVEMBER 4, 1985 (C) APPROVAL OF 1986 EQUIPMENT RENTAL RATES (D) APPROVAL OF INTERLOCAL AGREEMENT BETWEEN CITIES OF BRIER, EDMONDS, LYNNWOOD, AND MOUNTLAKE TERRACE FOR THEIR RESPECTIVE POLICE DEPARTMENTS TO LOAN EQUIPMENT TO ONE ANOTHER (E) AUTHORIZATION TO ACCEPT AND RECORD UTILITY EASEMENT FROM MR. AND MRS. DONALD HANSEN (F) AUTHORIZATION.TO ACCEPT AND.RECORD EASEMENT FRO14 MEDICAL CLINIC AT 216th S.W. AND HIGHWAY 99 BEACH RANGER PROGRA14 REPORT -- 1985 Parks & Recreation Director Steve Simpson noted that interest in the Beach Ranger Program has increased dramatically in the last year due largely, he felt, to Shirley Pauls, who helped to organize the program last Spring. Mr. Simpson showed a video tape of the educational component of the program. Beach Ranger Dale Dickinson related to Councilmembers that beach rangers were able to discern what people were interested in by walking the beaches observing activities and talking to them. He stated that a few problems had been encountered but were easily resolved through reprimands. Mr. Dickinson added that beach rangers see many of the children that attended the educational programs, noting that they retained much of the information. Mr. Dickinson thanked the Police Department, Fire Department, Steve Simpson and City Council for their support. Councilmember Jaech expressed a concern that the rangers have a lot of territory to patrol, which is time consum- ing. She asked Mr. Dickinson ,if motorized vehicles to transport them between beaches would be useful. Mr. Dickinson stated that patrolling the beaches is time consuming and that motorized vehicles would be useful, particularly in arriving at potentially hazardous situations. Council - member Wilson asked Mr. Dickinson if he knew what percentage of the Edmonds community was utiliz- ing the beach facilities as opposed to nonresidents. Mr. Dickinson stated, in general, between five to ten percent of Edmonds citizens utilize the facilities, noting that they tend to take their resources for granted and go outside the community for recreation. He added that he has observed a lot of out -of -county users as well as out-of-state users. Councilmember Ostrom asked Mr. Dickinson if he'd like to see any changes in the program. Mr. Dickinson replied that he was satisfied with their relationship with the City, but noted changes -could be made in the way of training and education. Councilmember Hall stated she felt the success of the program was attrib- utable to the demeanor of the rangers. Mr. Dickinson added that,badges were helpful in dealing with the public because it gives rangers an official appearance.; Shirley Pauls stated she has been a volunteer coordinator for the Beach Ranger Program and has worked off and on in her own capacity over the last few years. She said the educational program begins in Spring and runs through Summer. She added that the educational portion of the Ranger Program continues to grow and receives many requests for classes. Classes are offered from kinder- garten through tiie fourth grade. The total number of students in 1984 was 2,100 increasing in 1985 to 3,300. Up until this year, the rangers worked on a volunteer basis and are now being compensated for their time. Ms. Pauls said that a number of articles about the program have ap- peared in the Everett Herald, the Enterprise and Seattle Metro Monitor. Future plans in - elude a training manual, video training tape, slides, and pre- and post -teacher materials. Rang- ers will be selected this year from the community as well as from Shoreline Community College. In addition, a'more thorough Beach Patrol Training Program is planned to improve interpersonal training and activities throughout the city to enhance rangers' perspective of the total City picture. Ms. Pauls noted that the Beach Ranger Program continues to expand due to a larger de- mand for services and has wide acceptance in the community. She then introduced Head Ranger Dale Dickinson, Randers Vic Stanculescu, Darrell Leyde, and Stephen Wooding. Mayor Naughten expressed his appreciation to Ms'. Pauls and the rangers for their involvement in the community. PROPOSED ORDINANCE 2533 PROVIDING INDEMNIFICATION OF EMPLOYEES AND APPOINTED/ELECTED OFFICIALS AdministrativeServices Director Art Housler stated that the proposed ordinance had been previous- ly discussed with the Council Administrative Services Committee,,and it was -concluded that this issue be referred to the Council'for consideration. On October 8th the Council was supplied with ordinances from various cities, and the issue was discussed at that time. The Council reviewed the ordinances and instructed the City Attorney to prepare an ordinance which was patterned after Bellevue for the following meeting; however, discussion was deferred until November 12. Mr. Housler stated that the Staff reviewed the ordinance and concluded that the revisions to the ordinance completely diluted the original intent of the proposal, and he asked that the City Attor- ney submit a listing and format of revisions to the original ordinance. He added that the Staff was supportive of the original ordinance. Community Services Department Director Peter Hahn. made reference to a memo addressed to Mayor Naughten from Duane Bowman regarding the proposed ordinance. Councilmember Kasper objected to the manner in which the ordinance was presented the Council. Councilmember Hall asked Councilmember Kasper if he was recommending that the ordinance be remanded to the Committee. Councilmember Kasper replied negatively, adding that the Council had requested the City Attorney to discuss the revisions, and he was of the opinion that the Council wished it to be moved forth. Councilmember Ostrom asked Mr. Housler to clarify which amendments he felt were most damaging to the intent of the original proposal. Mr. Housler re- plied Item #2 regarding contract right versus the discretionary decision by the Council was the key point. Mr. Hahn reiterated the Staff's concern in their reading of the ordinance regarding "Scope of work" in that it was narrowly defined. He then cited examples of how "scope" may be interpreted. Mr. Hahn stated that he felt the four points added to the Bellevue model were very responsive and, if passed, would be beneficial to the Community Services Department. Councilmem- ber Ostrom stated he was perplexed over the controversy of the ordinance and would like to pass it with the revision to Item #2. Councilmember Kasper reiterated his objection to the manner in which the ordinance was presented to the Council, and expressed his concern regarding the Council. contracting away employees' rights of defense. Mr. Housler stated he felt he followed the instruc- tions of both the Committee and the Council in the presentation of the ordinance. Councilmember Ostrom stated that Staff members were concerned about potential liability in performing their job on behalf of.the City. Councilmember Kasper asked for City Attorney Snyder's comments. Mr. Snyder expounded on Items #1 through 9 noting particular emphasis on Item #2, stating Item #2 was a policy issuelfor the Council's consideration, and that the major issue of an ordinance such as this was that it creates a major unfunded liability for.the City and, if passed, creates more potential defendants than before. Councilmember Jaech asked Mr. Snyder why the proposed ordi- nance was different in that other ordinances were subject to change by another Council body. Mr. Snyder replied that the only exception to the rule was in the employee benefits area under con- tract rights. Mr. Snyder added that "Scope.of work" is a legal test that is a fact decision regarding whether an employee was within their scope of work. COUNCILMEMBER DWYER MOVED, SECOND- ED BY COUNCILMEMBER OSTROM, TO APPROVE THE ORDINANCE AS SUBMITTED INCORPORATING ITEMS IN MR. SNYDER'S ME140 DATED NOVEMBER 6, 1985 WITH THE EXCEPTION THAT PROVISION N2 BE DELETED. Councilmem- ber Hall expressed a concern on the "Scope of work" issue noting there was a real grey area in that Staff members may liable. themselves representing the City in dealing with the public. Mr. Snyder stated that the definition of "Scope of work" is a general legal test used to apply fact situations to, and employees would have to use common sense in balancing courtesy in work situa- tions. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 2 NOVEMBER 12, 1985 PROPOSED ORDINANCE 2534 IMPOSING A NO -WAKE ZONE FOR WATERCRAFT IN -SPECIFIC AREAS OF PUGET SOUND Police Chief Dan Prinz stated that an ordinance regulating the speed of watercraft was previously drafted to eliminate wakes in certain areas on the waterfront where people swim, snorkel, skindive, etc; however, enforcement of the ordinance had posed problems. As a result, the,ordi- nance was amended to add a no -wake zone in designated areas. Councilmember Kasper asked how the ordinance would be enforced. Mr. Prinz replied that he felt most people would abide by the ordi- nance, and those who did not would be identified by boat registration or apprehended in the har- bor. Councilmember Jaech asked who had jurisdiction over port waters. Mr. Prinz stated that the City of Edmonds did. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, FOR PASSAGE OF THE PROPOSED ORDINANCE IMPOSING A NO -WAKE Z014E FOR WATERCRAFT. MOTION CARRIED. PROPOSED ORDINANCE 2535 REVISING CITY CODE LIMITING THE CITY'S LIABILITY REGARDING BUILDING PERMITS Administrative Services Director Art Housler reported that a good risk management program at- tempts to transfer liabilities and reduce loss exposure where possible. He stated that the pro- posed ordinance would reduce exposure by limiting the class of persons that could sue the City because of actions of the Building Official. City Attorney Snyder stated that cases dealing with liability for the issuance of building permits require that an individual be specifically benefit- ed or have some benefit different than that from the general public, and the ordinance says the public, in general, other than the permittee, receive no benefit from the issuance of a building permit. Councilmember Jaech asked if the spouse of a decedent was allowed to commence a lawsuit against a city if the decedent died as a result of the negligence of a city official. Mr. Snyder stated that the decedent's cause of action would survive in his estate. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER OSTROM TO ADOPT ORDINANCE 2534.. MOTION CARRIED. REVIEW ACCESS TO LAKE BALLINGER (FROM NOVEMBER 1984) Parks & Recreation Director Steve Simpson stated that the Lake Ballinger access was modified last year after a series of hearings in an attempt to reduce conflicts between users and neighbors. He said that he has spoken with the neighborhood and, in general, they are satisfied with the modifications. RECOMMENDATION TO AUTHORIZE CITY OF EDMONDS TO JOIN OTHER CITIES IN SUIT CONCERNING VOTER REGISTRATION EXPENSES 800 Administrative Services Director Art Housler reported that County Auditor Dean Williams sent the City of Edmonds a letter advising that, effective January 1986, the City would be assessed charg- es for voter registration in the amount of $21,140. He noted that most cities in Snohomish Coun- ty objected to the charge and sent protest letters to the County Auditor asserting the possibili- ty of a lawsuit. Subsequently, the County Auditor reaffirmed his position. Hence, the City of Lynnwood asks that the Cities of Edmonds, Woodway,. Brier and Mountlake Terrace join in proceed- ings for a suit against the County. Mr. Housler stated that Superior Court charges amounted to $2,500, with a charge to the City of Edmonds of $800. He said that Staff recommended to pro- ceed. COUNCILMEMBER OSTROM MOVED., SECONDED BY COUNCILMEMBER JAECH, TO AUTHORIZE THE CITY TO JOIN IN THE SUIT. MOTION CARRIED. City Attorney Snyder stated in communicating the Council's action to Pat Curran he would inform Mr. Curran of two provisos: 1) that the Council desires to author- ize future steps taken on appeal and, 2) the Council be advised of costs in future involvement. STATUS/PROGRESS REPORT ON EMPLOYEE BENEFIT. COST CONTAINMENT Personnel Manager Pat LeMay stated ninety days ago lie met with the Council, and the Council indi- cated to City. Management at that time to pursue cost containment. Mr. LeMay reported oil the progress of discussions with the union and employee representatives, noting better understanding, acceptance and recognition by the union and employee groups on cost containment. He added that discussions have been successful, and he would like to continue with the process. He said that medical policy premiums under A.W.C. will be reduced to approximately 6% beginning January 1, 1986, and A.W.C. plans to introduce and implement several cost containment.features in their medical program, which will help to restrain and control future medical premiums. Mr. LeMay recommended, and asked for Council concurrence, 1) to continue with the A.W.C. plan on health and welfare coverages for 1986 and, 2) to continue with long-term discussions into 1986 on bene- fit cost containment with the union and employee representatives. Councilmember Ostrom asked if there have been any concrete discussions on cost containment possibilities. Mr. LeMay replied that there has been limited progress, and that another year of discussions is necessary. City Attorney Snyder stated. that there has been good cooperation between the majority of employee groups. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AUTHORIZE THE CONTINU- ANCE OF THE BENEFIT COST CONTAINMENT DISCUSSIONS AND AFFIRMATION TO CONTINUE WITH THE A.W.C. PROGRAM WITH A 6% REDUCTION. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 3 NOVEMBER 12, 1985 MAYOR Mayor Naughten passed around a thank you card from Peoples dank for the flowers. lie said a full report would be presented on the 19th on the flower program. The Mayor noted that the dedication and christening of the fire rescue boat was postponed. Mayor Naughten stated that Chuck March recently suffered from a cardiac arrest while he and two other workers were out on the field. Fortunately, they had completed C.P.R. training the day before and were able to administer C.P.R. until the police arrived. Mr. March is in good condi- tion. He then stated on November 21st Snohomish County Cities and Towns are having their monthly meet- ing in Arlington at Weller's Chalet, noting that it was in conflict with the Edmonds Fashion Show. Mayor Naughten reported he received a letter from Mountlake Terrace stating their policy in re- gard to wildlife control and stated they would respond to his letter of November 5 after the next Council meeting on November 18th. COUNCIL Councilmember Hall reported that she drove past the cemetery on Veteran's Day and the grounds looked nice. Councilmember Ostrom stated that he keeps receiving Centennial publications -and asked if any action was being pursued by the City of Edmonds to prepare for the Centennial. Mayor Naughten replied negatively. Councilmember Ostrom recommended that a citizens committee be formed. Mayor Naughten stated that his recommendation would be pursued. Councilmember Wilson noted that attendance at Town.Hall meetings has been meager and expressed his concern that Council's time was being taken up: He suggested that: the public be invited to Council meetings, and a portion of the meeting be set aside for Town Hall considerations. Council - member Ostrom said he thought some meetings had been very well attended in the past and good infor- mation was elicited from them. He did not want to. discontinue the meetings. Mayor Naughten said that Town Hall meetings needed reorchestration. Councilmember Kasper added that the best way to keep public interest was to invite them to Council meetings, and if attendance was poor to contin- ue with regular business. Mayor;Naughten said that -proper notice was essential to a good turnout. The meeting adjourned at 8:43 p.m. RCQ ELINE G. PARRETT, City Clerk L RRY S( NAUGHTEN, Mayor } EDMONDS CITY COUNCIL MINUTES Page 4 NOVEMBER 12, 1985