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20161206 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES Special Meeting December 6, 2016 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Kristiana Johnson, Council President Michael Nelson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Thomas Mesaros, Councilmember Neil Tibbott, Councilmember CALL TO ORDER/FLAG SALUTE STAFF PRESENT Al Compaan, Police Chief Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Mary Ann Hardie, HR Director Dave Turley, Assistant Finance Director Rob Chave, Planning Manager Rob English, City Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 6:01 p.m. by Mayor Earling in the Council Chambers, 250 5`h Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 3. PRESENTATION PRESENTATION ON PARLIAMENTA11Y PIZOCEDURE This item was delayed to a future meeting. 4. 5. APPROVAL OF AGENDA COUNCIL PRESIDENT JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA WITH THE FOLLOWING CHANGES: MOVE ITEM 10.2, 2017 LEGISLATIVE AGENDA, TO NEW ITEM 6.3, AND ITEM 9.1, ADOPTION OF THE 2017 BUDGET & USE OF REAL ESTATE EXCISE TAX FUNDS, TO FOLLOW ITEM 6.3. MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA ITEMS Edmonds City Council Approved Minutes December 6, 2016 Page 1 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE CONSENT AGENDA. Council President Johnson requested the Diversity Commission Chair speak regarding Item 5.5, Appointment of Donnie Griffin to the Diversity Commission. Chair Mario Brown explained the Diversity Commission had an opening created by the retirement of Gayle Ketzel. Twelve applications were submitted, the Diversity Commission interviewed three and selected Donnie Griffin. The Commission highly recommends the Council affirm his appointment. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF NOVEMBER 22, 2016 2. APPROVAL OF COUNCIL MEETING MINUTES OF NOVEMBER 22, 2016 3. APPROVAL OF CLAIM, PAYROLL AND BENEFIT DIRECT DEPOSIT, CHECKS AND WIRE PAYMENTS 4. OCTOBER 2016 MONTHLY BUDGETARY FINANCIAL REPORT 5. APPOINTMENT OF DONNIE GRIFFIN TO THE DIVERSITY COMMISSION 6. CONTINUED PRESENTATIONS 1. CARL ZAPORA PROCLAMATION Mayor Earling explained about five years ago, a new entity was organized, Verdant. Verdant's work, led by Carl Zapora, has been exemplary. He read a proclamation thanking Carl Zapora for his commitment to the health and wellness of the people of Edmonds and encouraging all residents to join in extending our gratitude and appreciation to him for his years of service. Mr. Zapora said Verdant was proud of the work that has been done over the past 5'/2 years, taking a public hospital district whose primary focus was running a hospital and medical care to an organization focused on answering the question, what would it take to make south Snohomish County the healthiest community in Washington? That requires more than just good hospital care, 80% of health and wellness is not dependent on medical care but on lifestyle, good choices, good food choices, healthy living, exercise and managing stress. Among the many joys in this job has been working with fabulous communities. He along with his wife Cheryl Foster are residents of Edmonds; the City, Mayor, Staff, Parks & Recreation Department and many Councilmembers have been great partners and they appreciate the ability to work in partnership to make the community as healthy as it can be. He thanked the Council for recognizing Verdant and its staff, six employees in addition to him. He was thrilled Verdant was making a difference and statistically was helping to improve peoples' lives. PROSECUTOR'S ANNUAL REPORT TO CITY COUNCIL Jim Zachor, Zachor Thomas, referred to the report describing the prosecutor's activity. He introduced members of his staff: Rachel Reich lead counsel for Edmonds prosecution; Melanie Thomas Dane; Molly Dimeson; Jim Zachor; and Chad Krepps and encouraged the Council to visit during court. He provided background, explaining he began providing prosecution in 2000 with Jeff Goodwin who was later appointed Judge to the South Division of the Snohomish County District Court. There have been a lot of changes since that time including the City's new Municipal Court Judge; a new public defender, the Snohomish County Public Defenders Associations; and new standards for public defenders. In the past, Edmonds City Council Approved Minutes December 6, 2016 Page 2 cases could be tried quickly; the new standards require public defenders spend time with their clients and learn about their case which results in negotiating, conferences, talking with witnesses, etc. Zachor Thomas prosecutes for ten cities and reads police reports daily; Edmonds is one of the top Police Department he has worked with. Zachor Thomas prosecutes more misdemeanor cases and more DUIs than the county prosecutor and Edmonds prosecutes more than Cascade District Court and almost more than Evergreen District Court so they need good police reports. They developed a training program to keep the Police Department updated regarding legal activities and changes in the law. They are also on call 24/7 for the Police Department to respond to field work questions about search warrants, arrest warrants, etc. They also do drug and felony forfeitures, a civil action when drugs, cash, vehicles are seized which benefits cities directly. He noted with a second DUI, the vehicle can be forfeited. Mr. Zachor commented the volume of cases appears to be peaking again and DUIs are up despite education; drugs comprise almost 50% of the DUIs. Their firm was hired to do PSR training for all the cities in Snohomish County updating them regarding DUIs. His staff takes classes regarding DUIs and they prosecute them hard. There have been changes in the breath testing machines and so far, they have been successful in overcoming challenges. They are extremely hard on drugs and represent the South Snohomish County Narcotics Task Force that Edmonds participates in; who also benefits from forfeitures and drug seizures. They also prosecute domestic violence cases; the Edmonds Police Department has a Domestic Violence Coordinator, who acts as a liaison between the Police Department and the Prosecutor's Office. Without that coordinator, it would be much more difficult to prosecute domestic violence cases. Ms. Reich is one of most successful prosecutor of domestic violence cases, one of the few who has prosecuted and won cases against domestic violence perpetrator where the victim refuses to cooperate. Councilmember Teitzel asked if DUIs associated with marijuana have increased since the State legalized marijuana. Mr. Zachor answered they still prosecute marijuana cases for people under 21; it is treated as a minor in possession (MIP). He estimated one-third of their cases are marijuana DUIs. A process has been established to get a search warrants to draw blood. In the past it required a warrant from the prosecutor and approval by the judge; that process has been streamlined to be pre -approved, submitted to the judge and blood drawn. The legislature established mandatory limits for marijuana that establish guilt; creative challenges to drugs and alcohol have made the system more complicated including efforts to make a BAC or drug reading evidence toward guilt but not establishing guilty. Councilmember Nelson thanked Mr. Zachor and his attorneys and staff for all they do for the City. Observing they represent ten cities and that he has been providing prosecution for some time, he asked if there were trends and/or crimes unique to Edmonds. Mr. Zachor said they review cases for filing; the list of cases in their report does not include all the cases Ms. Reich reviews for filing. There are new standards at Snohomish County; in the past if a person stopped for shoplifting had a vial of heroin, it would go to Snohomish County for prosecution. Snohomish County no longer accepts certain levels of drugs despite the statute that allow prosecution for a felony for even a drop of heroin. They are also seeing more paraphernalia cases, in some cities the charge is reduced controlled substance, a gross misdemeanor. He noted a consideration in prosecution is jail time which impacts jail budgets. They still do a lot of shoplifts; in half of the shoplifts, the person is carrying drugs. Fence units are fencing items people steal and turning the funds into drugs and gift cards. The Police Department is pursuing the fencers which will be felony cases. Drugs are the reason for most burglaries, shoplifts and DUIs. Heroin has become the cheapest drug to make. He commented on a recent meth case where a 27-year old looked 55 years old. Councilmember Buckshnis said $50,000 was added to the prosecutor's budget. She remarked his report was very well written and asked him to summarize why the additional funds were necessary due to standards set by the Supreme Court. Mr. Zachor responded the public defender now must spend time with Edmonds City Council Approved Minutes December 6, 2016 Page 3 defendants. In the past, they would do 25-40 pre -trials in one day, they now touch 80-90 cases during the same time period. Two people in this office do review and preparation; the public defender often asks for more time. The Supreme Court requires the public defender to interview people and talk with the Police; their office attends the meetings with the Police Department. DUIs are more complicated, his office is the highest trained DUI practice but it takes longer. If they do not set up cases right, they don't get a plea bargain and it goes to trial. Councilmember Fraley-Monillas asked him to comment on the increase in sex slavery crimes against women and children in Snohomish County, noting there have been some incidents along the corridor. Mr. Zachor described a case where a woman called and said she was being held. Research found she had been picked up in Portland brought to the Drift -on -Inn and used as a slave for prostitute services. The person responsible is now serving 25 years in federal prison due to the Edmonds Police Department's efforts and a special unit from the Snohomish County Sheriff s Office. Mayor Earling advised the Prosecutor's contract will be discussed later on the agenda. 3. 2017 LEGISLATIVE AGENDA Economic Development and Community Services Director Patrick Doherty explained every year the City prepares an agenda for the upcoming legislative session. In preparing the agenda, they look at what was left over from the previous session, liaison with other agencies in the area including Snohomish County, Snohomish County Cities, Economic Alliance of Snohomish County; Department Directors research issues; Ms. Ziegler identifies issues that have arisen since the last session and they meet with Councilmembers individually to address items of importance. The legislative agenda is a compilation and upon approval will become the City's legislative agenda and will be shared with the legislature. Jennifer Ziegler reviewed: • 2016 Interim Activities and Issues o Homelessness, Affordable Housing and Mental Health Reauthorization of portion of document recording fee, the primary funding source for homelessness and affordable housing services ■ $200 million request from the Housing Trust Fund for affordable housing • Potential for a local option ■ More funding for mental health beds o Infrastructure • Public Works Trust fund failing ■ Way to keep loan payments in the program ■ Ways to make financing more affordable for local government 0 1% Property Tax Cap Coalition ■ Proposal to allow growth to occur based on population and inflation with 5% cap o Public records stakeholder group o Criminal Justice Training Commission (CJTC) Funding Request ■ Without an additional $2.4 million for 8 additional classes, current wait time of 4-6 months will increase to 12-18 months o Federal Transportation Funding Distribution Local government will get more of new transportation funding but will be a competitive program o Model Toxics Control Act Governor's Workgroup ■ Do not anticipate this will be a reliable, long term funding source o B&O Licensing Work Group ■ Model ordinances especially for transient businesses o Growth Management Act House Local Government Work Sessions Edmonds City Council Approved Minutes December 6, 2016 Page 4 • Expect legislation to make changes o Use of Deadly Force Task Force • Expect legislation or way for officers to consider means other than deadly force o Body Worn Cameras Task Force Legislative Outlook o Continue to have close margins between Republicans and Democrats in both chambers, as well as new statewide electeds in some positions o Final biennium to fulfill state funding obligations for basic education. Most estimates are between $3 and $3.5 billion o State revenue projections are generally stable - marijuana revenues up sharply o We will have to play defense on state shared revenue Draft Legislative Priorities o Move Forward Highway 99 Capital Funding ■ $10 million Legislature provided in Connecting Washington Transportation Funding Package not available until 2021-2023 • City completing subarea plan for Highway 99 corridor • Accelerating $500,000 to the 2018-2020 biennium would enable detailed design work to begin o Capital Request for Frances Anderson Center • $350,000 to fund repair of leaking roof o Funding for Waterfront Crossing Alternative ■ City and local partners provide up to $300,000 seed money to leverage $600,000 State match in 2017 • Have SR-104 added as a designated Urban Connector on WSDOT's Freight Project list to qualify that corridor for greater federal/state funding sources o Public Records Cost Recovery and Policy • Stakeholder group meeting since June ■ State Auditor's Office released study that reported on funds spent on public records requests and found that 17% of requests are completed in one day and 47% in five days • May be support for fee for electronic records and customized access o Invest in Funding to Support Services that Address Homelessness and Affordable Housing • Support efforts to: - Retain and Increase the Document Recording Fee - Support the 1115 Medicaid Waiver for Permanent Supportive Housing - Fully Fund Housing Trust Fund Support Items o Edmonds Senior Center Funding o Bolster Resources for Infrastructure Investment o Criminal Justice Training o Public Defense Costs o Gun Safety o Property Tax Growth o Fiscal Impacts of Legislation and Rule -Making o Property Tax Growth o EMS Levy o Washington Wildlife and Recreation Program o Growth Management Act Review o Fiscal Sustainability for Local Governments o Environmental Issues o Puget Sound and Salmon Recovery o Opiate Overdose Prevention and Medication -Assisted Treatment o Support Other Partners' Agendas Edmonds City Council Approved Minutes December 6, 2016 Page 5 • Next steps o Adopt legislative agenda o Meet with legislative delegation 0 2017 legislative session begins 1/9 Councilmember Buckshnis commented the report was very complete and included the environmental issues she had concerns about. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE THE 2017 EDMONDS LEGISLATIVE AGENDA. Councilmember Fraley-Monillas asked about Medicaid Waiver for Permanent Supportive Housing and what would be eligible for Medicaid funding. Ms. Ziegler answered ways to get people into affordable housing such as partnering with a non-profit to assist someone receiving Medicaid services to receive affordable housing. Councilmember Fraley-Monillas asked if these were extra funds from Medicaid. Ms. Ziegler answered existing Medicaid funding but a different use of some of the funds. MOTION CARRIED UNANIMOUSLY. 9. ACTION ITEMS ADOPTION OF THE 2017 BUDGET & USE OF REAL ESTATE EXCISE TAX FUNDS Finance Director Scott James reviewed new reporting requirements mandated by the State Legislature: • During the 2015 legislative session, the state legislature placed significant additional restrictions on the use of REET funds for maintenance. Old Rule: The maximum amount of each REET fund that may be spent on O&M is the greater of $100,000 or 35 % of the available funds, not to exceed $1 million per year. New Rules: The maximum amount of either REET 1 or REET 2 that may be spent on maintenance is the greater of $100,000 or 25% of the available funds, not to exceed $1 million per year, and Meet New Reporting Requirements o The local government must prepare a written report demonstrating that it has, or will have, adequate funding from all sources of public funding to pay for all capital projects identified in its capital facilities plan for a two-year period o This report must be adopted as part of the city's or county's regular budget process and must include: ■ Information necessary to demonstrate that the local government has, or will have, adequate funding from all sources to pay for all capital projects identified in its capital facilities plan. ■ Exhibit B in Budget Ordinance contains schedules illustrating: — How revenues collected under REET 1 and REET 2 have been used during the prior two-year period and the succeeding two-year period: Street Expenditures — How revenues collected under REET 1 and REET 2 have been used during the prior two-year period and the succeeding two-year period: Parks Expenditures Mr. James displayed the Council Requested Budget Changes, hi hli ,htin new Items #14 and 15: Item # Budget Book Page Description Cash Increase (Decrease) Yes/No GENERAL FUND 1 Added 11/22 Add Social Worker $ 50,000 Yes 2 Added 11/22 1 Add ParkirIg Enforcement Officer 82,300 ? Edmonds City Council Approved Minutes December 6, 2016 Page 6 3 Added 11/22 Pedestrian Safety Training 15,000 ? 4 Added 11/22 Health District Contribution 41,000 Yes 5 Added 11/22 Increase Annual Senior Center Contribution 15,000 Yes 6 Added 11/22 1 Radar Speed Indicator Trailers 22,000 Yes 7 Added 11/22 Change Miscellaneous to Council Contingency $0 Yes 8 Added 11/22 Reduce Professional Services Budget from $12,000 to $6,000 (6,000) Yes 9 Added 11/22 Reduce Travel Budget from $3,000 to $1,000 (2,000) Yes 10 Added 11/22 Reduce Rental Budget from $10,000 to $5,000 (5,000) Yes 11 Added 11/22 Reduce Misc. Bud et from $13,000 to $5,000 (8,000) Yes 12 Added 11/22 Pine Street Lights 20,000 Yes 13 Added 11/22 Remove Decision Package (8,000) Yes 14 New Item Add $5,000 back to Council Miscellaneous Fund 5,000 ? 15 New Item COLA Salary Increase for the Ma or 3,108 1 ? Impacts to General Fund Budget $172,258 Item_14 - Add $5,000 back to Council Miscellaneous Fund Councilmember Buckshnis explained there was $7,000 in Miscellaneous last year; her proposal is to put $5,000 of the $7,000 back to provide funds for Council training, etc. She said the amount could be reduced but felt $5,000 was appropriate. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO ADD $5,000 TO COUNCIL MISCELLANEOUS FUND. MOTION CARRIED UNANIMOUSLY. Item 15 - COLA Salpa Increase for the Mayor Councilmember Teitzel explained he requested this addition; his research found there had been no increase in the Mayor's base salary except for a 2% COLA in 2012. Inflation over that time as increased since 2011 by 12.4%, effectively reducing the Mayor's spending power relative to the rate of inflation. The Council recently agreed to form a Salary Commission that will be implemented next year to consider the Mayor and Councilmember's salaries, however, it is appropriate to approve a minor COLA pending the Salary Commission's deliberation. The Mayor manages a $100 million enterprise which is more than a 40 hour job, and he is doing a great job. He supported a 2.5% COLA increase. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER NELSON, TO IMPLEMENT A 2.5% INCREASE TO THE MAYOR'S BASE SALARY. Council President Johnson agreed the Mayor was doing a fantastic job representing the City. However, she did not approve of providing a COLA at this time due to the Council's formation of a Salary Commission whose job is to consider the salaries of all elected officials including COLAs. Therefore, it would be imprudent for the Council to make an individual decision at this time. She preferred to allow the Salary Commission to consider COLAs since 2009 and make a decision. Councilmember Buckshnis said she has considered this for about six months and recalled the Council/Legislative Assistant Andrew Pierce provided an excellent presentation that included a much large increase. The proposed 2.5% COLA will bring the Mayor's salary to $118,000, a limited amount for someone overseeing a $110 million corporation, and show the Council's appreciation. She agreed the Salary Commission likely will establish a more justifiable rate. She supported the motion. Councilmember Fraley-Monillas said the City is not a corporation, it is a government entity and there are differences between the salaries for Mayors, County Council, etc. and private business. A COLA is also not a performance based increase. Although she agreed with Council President Johnson's point of having Edmonds City Council Approved Minutes December 6, 2016 Page 7 the Salary Commission consider the Mayor and Council's salaries, a 2.5% increase would be added to the Mayor's salary and would be part of what the Salary Commission considers. As the Mayor has not had a COLA in four years, she supported the proposed COLA. MOTION CARRIED (6-1), COUNCIL PRESIDENT JOHNSON VOTING NO. Mr. James reviewed the following Staff Recommended Budget Changes, highlighting new Items 42 and 3: Item # Budget Book page # Description Budget Increase (Decrease) Yes/No GENERAL FUND 1 43 Increase budget for Prosecutor contract $50,000 Yes 2 New Item Initiative 1433 — Minimum Wage Increase 4,000 3 New Item Senior Center Insurance 8,700 c _ Impacts to General Fund Budget $62,700 HOTEL/MOTEL FUND 2 95 Increase budget for Snohomish County Tourism ($200) Yes 2 95 Decrease budget for Miscellaneous $200 Yes Impacts to Fund 120 Budget $0 Item 2: Initiative 1433 — Minimum Wage Increase COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE ITEM 2. Councilmember Fraley-Monillas asked how the amount of $4,000 was determined. Mr. James answered it was determined by considering salary ranges, estimated hours, and the difference between the current rate and the proposed $11 minimum wage as well as FICA. Councilmember Fraley-Monillas asked how many staff are paid at that level. Mr. James estimated 12. Parks & Recreation Director Hite advised most of the Parks & Recreation part-time hourly and seasonal staff earn more than $11 /hour. The $11 /hour is the first year implementation; increases will be required in 2018-2020. This year's impact is minimal; there are 8- 10 people in that range. MOTION CARRIED UNANIMOUSLY Item 3 - Senior Center Insurance Mr. James said he was recently informed by WCIA that the City signed up for wrong policy for flood insurance in 2007. As the City currently owns the building, WCIA recommends increasing the level of flood insurance and the cost is $8,700 in 2017. When the Senior Center is rebuilt, they will own the building which will eliminate some expenses. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE ITEM 3. MOTION CARRIED UNANIMOUSLY. Councilmember Buckshnis thanked everyone especially Public Works Director Phil Williams, noting she has talked with every director and has reviewed the budget very carefully. She thanked Mr. James for the time he spent reviewing the budget with Council. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE ORDINANCE NO. 4054 AS AMENDED, AN ORDINANCE OF THE CITY OF Edmonds City Council Approved Minutes December 6, 2016 Page 8 EDMONDS, WASHINGTON, RELATING TO THE BUDGET FOR FISCAL YEAR COMMENCING JANUARY 1, 2017. MOTION CARRIED UNANIMOUSLY. 7. AUDIENCE COMMENTS —None 8. PUBLIC HEARINGS 1. PUBLIC HEARING AND POTENTIAL ACTION ON 2016 COMPREHENSIVE PLAN AMENDMENTS Planning Manager Rob Chave explained because a major Comprehensive Plan update was done last year, only minor amendments were required this year, 1) integrating the Marina Beach Master Plan, 2) adding an implementation action to the Capital Facilities element (similar to other plan elements, and 3) adopting the Capital Facilities Element. Council President Johnson recalled last week she asked questions regarding the Marina Beach property. Mr. Chave referred to the explanation in the agenda memo, explaining the Shoreline Master Program (SMP) does not specifically address dog parks, only parks in general which are allowed in the shoreline. If a specific application were submitted such as dog park, staff would consider permitted uses in the SMP and then the details such as how it is operated, etc. would be considered which could result in conditions. He summarized a dog park was potentially allowed in the shoreline environment. Council President Johnson referred to the August 12, 2015 Planning Board minutes that appear to contradict that statement; then -Chair Tibbott asked specifically about the dog park and Keely O'Connell explained "In general, they also know that the impact of waste (solid and urine), impacts water quality, and a park like the off -leash area would not likely be permitted on Puget Sound today. She summarized that, at this time, the City does not have enough studies to know, by the numbers, what the direct impact is. However, it is known that an off -leash park is not the best use of a beach property, especially one that is protected for marine habitat." Mr. Chave responded Ms. O'Connell was not necessarily talking about the SMP or the City's regulations. Council President Johnson recalled this was during a discussion of the Marina Beach Master Plan. The proposed change is to correct a discrepancy between the Marina Beach Plan and the Comprehensive Plan. The existing policy states the dog park should be relocated; the new policy says it should be consistent with the SMP. She commented that may be nonsense without knowing what it means. She asked whether the dog park was protected by grandfathering, commenting the proposed change to make it consistent with the SMP did not make sense to her. Mr. Chave responded there is nothing in the SMP that precludes the siting of a dog park, either where it is, its current configuration or a reconfiguration. Subsequent to the Planning Board's discussion, the Council approved the Marina Beach Master Plan which includes a reconfigured dog park. If there were an inconsistency with the SMP, it should have come up then. Council President Johnson pointed out it did not and that is the reason for the proposed change to the Comprehensive Plan to be consistent with the adopted Marina Beach Plan. She questioned the logic of changing the policy to compliment the Plan. Mr. Chave said the policy is not in the SMP, it is in the Comprehensive Plan. The intent of the proposed change is to resolve the language and since the action by the Council regarding Marina Beach led to the conclusion that it was compatible, it makes sense to close the loop and modify this policy that seems to potentially be in conflict. He summarized several different actions have been taken at different times; the intent was to resolve that and bring them into consistency. At Council President Johnson's request, Mr. Chave provided the new policy language, "Ensure uses in environmental sensitive areas are consistent with critical area regulations and the Shoreline Master Program." Council President Johnson said that's nonsense because there is nothing in the SMP or the critical area regulations regarding dog parks. Mr. Chave said, "Ensure that uses in environmentally Edmonds City Council Approved Minutes December 6, 2016 Page 9 sensitive areas..." is a broad statement that does not specifically address dog parks. The language states any use in this environment should be consistent with the SMP and the critical area regulations. Council President Johnson agreed but said that did not address the difference between the policies. Mr. Chave explained it is shifting from a specific policy or statement that conflicts with other actions the Council has taken and making it a more general, positive statement that would apply to a variety of uses. Councilmember Tibbott recalled in speaking with Keely O'Connell at the Planning Board about the dog park in relation to the potential daylighting of Willow Creek, she said the dog park would not prevent a fully functioning habitat for salmon. Councilmember Tibbott was satisfied with the proposed language and suggested proceeding with the understanding, 1) monitor how the dog park relates to the salmon habitat, and 2) whether there are recreational uses other than a dog park that would be more suitable for that environment. Mr. Chave said the State monitors water quality on beaches all over Puget Sound and are very aware of the uses at Marina Beach. It was his understanding, if the State finds a problem, they will notify the Health Department who follows up locally. That monitoring program is the appropriate way to ensure a particular use does not create problems. He summarized there are ways to condition or ensure that a particular use complies with the SMP and critical area regulations; it is unusual to single out a particular use such as relocating the dog park as it conflicts with other actions the Council has taken. The Marina Beach Plan will undergo permitting in the future. Council President Johnson relayed her understanding the State tests the water for fecal coliform; however, dogs produce a great deal of urine and the water is not tested for pH. She recalled testimony at the Planning Board that during low tide, the flora and fauna in front of the dog park is quite sterile, a visible difference. She suggested studying more than just fecal coliform. If the goal is to bring back salmon to the marsh, efforts need to compliment and encourage the return of salmon to the marsh. Mr. Chave commented that would be relevant during the permitting discussion. Mayor Earling opened the public participation portion of the public hearing. Hearing no comments, Mayor Earling closed the public participation portion of the hearing. Council President Johnson requested action be taken at next week's Council meeting. Councilmember Buckshnis pointed out no one spoke at the public hearing. She reiterated Edmonds was not the only dog park located near water. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE 2016 COMPREHENSIVE PLAN AMENDMENTS. Councilmember Teitzel pointed out the CFP includes $10,000 in 2017 for the trackside warning system but nothing in future years and a total cost in excess of $300,000. He asked how that cost would be reflected in the CFP. Public Works Director Phil Williams advised it would reconciled via the yearend budget amendment. The intent was to expend most of the funds in 2016 with a small amount carried over into 2017 but the opposite has occurred. A meeting with BNSF today indicated there was unlikely to be any progress this year but hopefully in first quarter 2017. Approximately $9,000 - $10,00 has been spent this year and the rest will be spent in 2017. Councilmember Teitzel recalled the Council approved this project last year not anticipating the problems that have been encountered with BNSF related to signal timing, etc. He recalled a commitment at one point to bring this back to Council for confirmation to proceed with the project knowing those challenges exist. He asked if double tracking would have any effect on the trackside warning system related to the number of horn blasts. Mr. Williams answered double tracking would not change the number of horn blasts; the number of trains could possibly reducing them. Currently there is sequential passing of trains Edmonds City Council Approved Minutes December 6, 2016 Page 10 on the single track. Double tracks would allow trains to go both directions at the same time, resulting in the activation of a horn for trains traveling north and southbound at the same time. How often that would occur would require further study but he did not anticipate the number of horns would increase. The location of the horns will work with double tracking. Councilmember Teitzel asked whether input had been sought from other communities on Puget Sound that have installed trackside warning systems. Mr. Williams answered several have been installed near Lakewood; they are very happy with their operation. Councilmember Teitzel how asked how to ensure train engineers did not blow their horn manually where entering a zone with a trackside warning system. Mr. Williams said under FRA rules, engineers have the right to blow their horn if they see fit to do so. Likely the only time that would happen is if they passed the whistle board and the signal system was not working or there was something on the track. They are not obliged to do so and are encouraged not to unless they feel it is necessary. Councilmember Teitzel concluded there would not be the same number of manual horn blasts plus the trackside warning signals. Mr. Williams said a manual horn would be a rarity, not a normal activity. Councilmember Fraley-Monillas asked Council President Johnson why she wanted to postpone action for a week. Council President Johnson said in general, a public hearing is an opportunity to get public input. Councilmembers also collect information via other methods and delaying a week after the public hearing provides the Council extra time before making a decision. Although no one spoke at tonight's public hearing, she and many others are concerned about the return of salmon to the marsh. She did not want to offend any dog owners or dogs and realized the dog park was a community asset beyond Edmonds, but it was important to have a thoughtful opportunity to consider whether the amendment is needed. Consideration may need to be given to monitoring the water for pH. She sees a potential conflict between dogs and salmon and wanted an extra week for the public to weigh in. MOTION CARRIED (6-1), COUNCIL PRESIDENT JOHNSON VOTING NO. Mayor Earling declared a brief recess. 2. PUBLIC HEARING ON THE FIRE DISTRICT 1 INTERLOCAL AGREEMENT City Attorney Jeff Taraday commented the Interlocal Agreement with Fire District 1 (FD1) has been in the works for some time. He introduced Finance Director Scott James and Dr. Stephen Knight, Fitch & Associates, who was hired to advise the City. The Interlocal Agreement in the packet is the Mayor's proposed amendment to the Interlocal Agreement with FD1. The Council makes the decision whether to proceed and there are other options if the Council is not satisfied with the Mayor's proposal. As background, Mr. Taraday explained the City entered into an agreement with FD1 for fire and EMS services in 2009 and service officially began January 1, 2010. For the first five years of that agreement, neither party could terminate. Now the agreement is terminable by either party upon two year's notice. In August 2014 the City received an invoice for $1.67 million attributable to a recently completed collective bargaining agreement between FD 1 and the union. The agreement was retroactive to 2013 which resulted in a large invoice. The invoice was somewhat of a surprise to the City; the City agreed to pay the invoice but decided to take a closer look at fire service in general. As the City needed expertise to assist with that, staff began researching fire and EMS consultants in April 2015; the City Attorney and Finance Director invited five firms and a local fire chief to interview and narrowed consultants to three for interviews by the Mayor and Councilmembers Buckshnis, Fraley-Monillas and Petso in May 2015 and ultimately Fitch & Associates was selected to guide the City through this process. Mr. Taraday explained the City and Fitch & Associates agreed on a scope of work and signed a contract on June 17, 2015. Dr. Knight made a presentation to Council in February 2016 of several different Edmonds City Council Approved Minutes December 6, 2016 Page 11 options for configuring fire and EMS service including the status quo. Fitch & Associates finalized its report in April 2016 and that information was used to begin discussions with FDI this summer. He was hopeful the Council would approve of the proposed Interlocal Agreement and take final action next week. Mr. Taraday displayed a map of FDI, identifying the three fire stations previously operated by City of Edmonds until the City began contracting with FDI in 2010, Stations 16, 17 and 20. Because the City contracts with 17131, the City is essentially being served by an entity with a much larger area so occasionally Station 19 and Lynwood Station 14 also serve the City. The primary sources of service are Stations 16, 17 and 20. He described the status quo: • Station 16: cross staffed engine and aid unit (EMT), total 3 staff members • Station 17: cross staffed engine and aid unit (EMT) plus a dedicated paramedic unit with 2 paramedics, total 5 staff • Station 20: cross staffed engine and aid unit (EMT), total 3 staff members • Total staff on duty citywide 24/7: 11 including 2 paramedics Mr. Taraday said one of the questions that prompted the City to consider if service improvements could be made was "What if two ALS calls occur at same time?" He referred to the map of stations, identifying the paramedic unit at Station 17, no paramedics at Station 16 or 20, explaining with two paramedics on the same unit, one call wipes out the City's paramedic capabilities which was not viewed as a good system design. Most of FD I has a paramedic at each station. Another question the City considered was how busy are Edmonds fire stations under the status quo? Mr. Taraday displayed a Unit Hour Utilization by Unit chart, included in Fitch & Associates report to the City, that measured the unit hour utilization for service at the three Edmonds stations. The utilization threshold established by the International Association of Firefighters is 0.30; Edmonds stations are at 0.10 or lower utilization, which basically says the current fire stations are not that busy. He assured this was not criticism of FDI or firefighters, they do a great job which was confirmed by Fitch & Associates. This analysis appears to indicate there is some excess capacity. The Interlocal Agreement established 0.25 unit utilization as a negotiation threshold for when the contract could be revised. Over time it is assumed call volumes will continue to increase to a point where service needs to be added to ensure firefighters are not too busy. Mr. Taraday explained Alternative 1, converting the 24-hour Medic 17 to a peak hour unit, is not being pursued as this issue is being litigated between FDI and the union. The union is opposed to part-time paramedic units and want all paramedic units to work 24-hour shifts. Alternative 3, which removed the engine from Station 17, reducing the number of engines in Edmonds from 3 to 2, is also not being pursued. The City has a three -engine capability today and will have three engine capability under the Mayor's proposed agreement. Mr. Taraday reviewed Alternative 2, the recommended proposal: • Station 16: Engine/medic — 3 staff • Station 17: Engine/medic — 3 staff • Station 20: Engine/medic — 3 staff • Total staff on duty citywide 24/7: 9 including 3 paramedics He displayed a pie chart illustrating the number of incidents, pointing out 30.3% of all calls to FDI are EMS/ALS. It was felt the City would be better served by adding paramedic to all stations. In addition to the advantage of adding a paramedic to each station, there is a financial advantage of going from 1 I total staff to 9, a savings of $1.36 million in 2017. If the City wanted to retain the status quo, another $1.36 million would need to be identified in the budget. He clarified the additional $1.36 million to retain the status quo includes an assumption that FDI would no longer be willing to continue with the current Edmonds City Council Approved Minutes December 6, 2016 Page 12 arrangement where the City only pays 77.79% of the cost of staffing Edmonds stations. Under the original Interlocal Agreement with FD1, the cost of operating the three stations was planned to be split per the following formula: a Edmonds: 77.79% Woodway: 9.13 Esperance (FD1): 13.08% Mr. Taraday reviewed several issues addressed in the agreement: Woodway Woodway no longer contracts with FD1 so the revenue that was contemplated in the original agreement is not being paid by Woodway. It could be argued that is FD1's problem, not Edmonds'. That is true in the short term but the contract is terminable by FD 1 upon two years' notice. FD 1 leadership team has made it clear to the City's negotiating team that the current 77.79% is not sustainable or acceptable going forward. Technically FD1 probably could be forced to honor that arrangement for two years; however, it would be invite a different relationship with FD1 and likely result in a notice of termination shortly thereafter, requiring the parties to return to the bargaining table and a similar proposal. No one wants there to be a question about who is providing fire service long term; the prospect of a terminal notice should not be entertained with any seriousness. The FD1 negotiating team has agreed that if Edmonds can bring Woodway back, the City has the right to subcontract with Woodway. He clarified the FD1 Board has not yet approved the proposed agreement. Negotiation Thresholds The agreement also includes negotiation thresholds that identify when to renegotiate, 1) unit utilization factor (0.20), 2) neighboring unit utilization factor (how often is Edmonds getting service from Station 14 or 19 or other stations) and 3) transport balance factor (outside Edmonds FD1 unit responds to Edmonds and transports but does not receiving transport fee). Out of Balance Transport Fees The proposed agreement includes a provision if transport fees are out of balance, a portion is withheld until balanced. Esperance Offset Under the original agreement FD1 paid 13.08% to service that area. FD1 is willing to transfer all the fire/EMS tax revenue collected in this unincorporated area to Edmonds via an offset in the City's payment to FD 1. City Retains Authority to Set Level of Service Language has been added to clarify that the City always retains the legislative discretion to establish the level of service for Edmonds. Turnout Time Fitch & Associates recommended reducing the turnout time in Edmonds stations closer to the national standard. FD1's standard is 2:15 which is not being met; FD1's turnout time is 2:51. District leadership is interested in improvement but there are potential financial impacts to improving turnout time. Once a dollar amount is determined, that information can be presented to the Council and FD1 and the City can discuss who bears that cost and/or if the turnout standard should be changed. Retroactive Invoices The City will receive an invoice on September 1 that establishes a reliable estimate of the eventual contract payment. Edmonds City Council Approved Minutes December 6, 2016 Page 13 Outstanding Issues The agreement includes language in Section 2.3 that FD1 may not be able to agree to. The current firefighters' shift is 24 hours and the schedule is one day on, one day off, one day on and five days off. Firefighters may trade days which results in straight 72 hour shifts. This was an issue for the City's negotiating team due to public safety concerns with working a 72-hour shift. Language in the contract states staff in Edmonds can only work a maximum 48-hour shift and if necessary, work a third day in another jurisdiction. This may need to be bargained and because the union does not want to give up the ability to have a 72-hour shift, FD1 may not be able to agree to this provision in the agreement. Mayor Earling opened the public participation portion of the public hearing. Mayor Earling relayed that Council President Johnson, Mr. Taraday and he agreed to allow 30 minutes for testimony; due to the number of audience members present, he asked how many audience members planned to testify. In addition to 3 on the sign -in sheet, 8-9 indicated they wished to speak. Mayor Earling advised each would be allowed 3 minutes to testify. Laura Johnson, Edmonds, thanked the Council for reviewing emergency services to ensure the community is covered with superior service. As the mom of an EpiPen child, emergency services and response time are vital. Before taking camping trips, they locate emergency services and the hospital and have altered plans based on their availability. One of the deciding factors in purchasing a home in Edmonds was the proximity to emergency services and the hospital. The decision made in 2009 to contract with FD1 was beneficial to the City; during 2009 negotiations, the Council made it clear they would not accept lowering the level of service, even as the City cut other costs due to the recession. After reading the proposal, she wondered what had changed. Rather than analyzing if a prudent decision was made in 2009, the review is geared toward cutting costs. Option 2 is a 20% reduction in FTE, going from 11 to 9, although it is packaged as enhancing service through cost cutting. She supported enhancement which may include reallocation of ALS personnel but enhancement via cost cutting reduction in personnel is rhetoric that has been tried before, often resulting in less than positive results. In this case, less than positive results could mean delayed response time and possibly death. Edmonds is growing, increasing the demand on emergency services and adding traffic which increases response time. The City is in a good financial position but that will not always be the case and she respected future planning. Cuts should begin at the bottom with less serious services, not at the top with vital life-saving services. The City currently has superior service including a 64% heart attack survival rate, one of the top in the nation. She understood that Option 2 adds additional life-saving personnel but it cuts three fire/BLS trained personnel which will have an effect on service. She concluded this was not an enhancement, it was a reduction, a reduction she was not comfortable with and one she urged the Council to reconsider. Sally Merk, Edmonds, a downtown resident for 29 years, expressed support for maintaining and possibly increasing fire station personnel. As Mr. Hoover noted in his comments to My Edmonds News, this pre-2001 standard is very inadequate. In 1997, she called 911 after her husband appeared to be having a heart attack, administering CPR while her 4-year old watched. The medic unit arrived 7 minutes later to her home 2'/s blocks from Station 17 because they were at another call. Going back to those standards could increase the risk of lives lost and another 4-year could lose a parent. Brian Borolka, Edmonds, said his brother-in-law is a firefighter and he appreciates the training, skills and risk firefighters take. Having said that, he referred to a letter to Council expressing his and his wife's support for Alternative 2. After reading the materials prepared by Mr. Taraday and Mr. James and reviewing the Fitch report, they believe Alternative 2 provides a precautionary approach that provides an adequate level of service as well as a monetary reduction. An in -home survivor of cardiac arrest, he assured he did not make that recommendation lightly. Looking at the risks and the needs the City faces, he and his wife recommend moving forward with Alternative 2. Edmonds City Council Approved Minutes December 6, 2016 Page 14 David Williness, Edmonds, City of Kirkland firefighter, relayed Option 2 is a bad choice for the City. The City currently has four emergency response units in service; the recommendation is to reduce that to three, a significant reduction in available emergency resources. He was satisfied with either a dedicated medic unit or spreading medics between units, however reducing the four unit system to three units was a bad idea. This staffing change affects his family's ability to receive emergency medical and fire suppression services as well as affects firefighters in the City. Not having enough firefighters at a fire makes it more dangerous for the responding firefighters. He expressed support for maintaining current or increasing staffing levels. As an Edmonds taxpayer, he would put his dollars behind that support. A. J. Johnson, representing the firefighters, said when a study is commissioned and the original question is how to cut costs in public safety instead of what is the best public safety service we can afford, the result is a flawed study. Over the last week, he has corresponded with most Councilmembers and he appreciated their responses. However when Councilmembers reply that the proposed plan is an increase in service, he said they were 100% wrong. Edmonds' population as well as call volumes have increased over the past six years. He questioned the choice to cut public safety services, pointing out that as cities around Edmonds are planning for future population growth and trying to meet the needs of their citizens by adding staff to their Fire Departments, Edmonds is doing the exact opposite. Edmonds' location on Puget Sound is unique because another jurisdiction cannot respond from the west, making it very important to appropriately staff the downtown station. FD 1 is proud of having one of the highest cardiac arrest survival rates. Fire personnel are not against single medic staffing but they are opposed to reducing staffing from 11 to 9. He urged the Council to reconsider. Drew Gardner, Edmonds, a firefighter/EMT on Whidbey Island, was shocked and saddened to learn about the proposed fire and medical service cuts the Mayor proposed. His department on Whidbey Island serves a population less than half Edmonds' population; they have two fully staffed medic units as well as engines and aid units that operate within the district 24/7/365. Over the last four years, the department has had a 25% increase in calls due to increasing residential population, similar to Edmonds and the rest of Western Washington. Their department is considering ways to add more positions to meet the increase in call volume and meet the community's needs. He urged the Council to think about Edmonds citizens' needs first; reducing first responder staffing is not an appropriate solution in balancing the City's budget. The City needs fire and medical services staffing maintained at current levels or increased at Stations 16, 17 and 20 to best serve the citizens of Edmonds. As a taxpayer, he urged the Council to consider his comments. Jolanda Matheson, Edmonds, referred to her email to Council stating her concern and appreciated the responses from Councilmembers Buckshnis and Mesaros. Although the proposal increases paramedics from two to three, she was concerned about the reduction in EMTs from six to three. She viewed this as a decrease in service and she did not understand why it would be done when the City's revenues are better than they were six years ago. Jim Matheson, Edmonds, said he served on the National Academy of Science Study of the Fukushima Daiichi nuclear disaster. Fukushima Daiichi played the statistics; statistically a tsunami would not happen so they did not prepare. A reactor to the north that prepared for disaster was undamaged and people sheltered there when the town was destroyed by a tsunami. He expressed concern with the methodology, relaying that at Fukushima Daiichi three reactors melted down; fire engines could not drive across the yard due to debris. Instead of a statistical response, he preferred to see disaster testing. He referred to a lecture at the library regarding the Cascadia Fault and suggested researching what would be needed in the event of an earthquake or train disaster. He feared being blindsided by a disaster when the study only considered business as usual. He referred to the Oakland fire and the amount of resources that would require. He suggested the recommendation be pressure tested against possible disaster scenarios to see which configuration performed best. Edmonds City Council Approved Minutes December 6, 2016 Page 15 Blaire Lynn Scrouse, Edmonds, explained they moved to Edmonds 8'/z years ago from West Virginia because their son required extensive medical coverage; services unavailable on the east coast were available at Children's. Her son has 13 different diagnoses including autism and loves the Fire Department. When they came to this area, they did not expect to stay long; the last five years have been in Edmonds. When looking for a house, they drew a 20-minute circumference around Children's Hospital. They spent the next two years in an ambulance, at Children's emergency room, living at Children's or living in fear when they went out. Moving from Mountlake Terrace which has a great fire department, they were told how wonderful the Edmonds Fire Department was. She suggested the Council imagine a child having a seizure lasting over 10 minutes and no longer breathing and the ambulance, paramedics and firefighters cannot get their quick enough. She emphasized the importance of the Fire Department and the disservice the Council is doing to the community. She tells people to come to Edmonds because she believes it's a great place to live but the Council needs to prove they believe it's a great place to live by not making this proposed change. Susanna Martini, Edmonds, said she relies on the Fire and Police Departments to help her whenever something goes wrong. She and her 9-year old daughter were proud to live in Edmonds and although she does the best she can in her wheelchair, she could not image a life without the support of the Fire Department. She lives on 3rd Avenue and drove her wheelchair to tonight's meeting. She urged the Council to look into their hearts and think about raising taxes; she assured she and other taxpayers would be willing to pay more to support the Fire Department. Firefighters mitigate the public's trauma and she could not image how strong they have to be to deal with other human being's life and death and major traumas. As an Edmonds resident, she urged the Council to think about what is happening and keep these wonderful firefighters in Edmonds. Strom Peterson, Edmonds, said when he was on the Council in 2009, citizens' number one priority was not to reduce service in Edmonds. The Council heard that and worked with FD1 and Local 1828 to ensure service was not reduced and that has proven to be an excellent model to date. Reorganizing staff within stations is one thing, but reducing the number of staff from 11 to 9 is a reduction in service. After spending a day training with firefighter, he saw the incredible amount of human power required for even simplest call. The trains through the City represent impending disaster on the waterfront as does increased traffic, homelessness, drug addiction and mental health. Cutting public safety is a disservice to the firefighters as well as the citizens of Edmonds and the surrounding jurisdictions that the City has interlocal agreements with. He was impressed by the speakers tonight who give a personal and historic perspective. As the Council looks at the long term, he suggested looking at the possibility of future regionalization of fire service. If/when those negotiations happen, Edmonds needs to be negotiating from a position of strength, ensuring Edmonds has the fire service the City wants and the citizens demand. Mayor Earling declared brief recess. 10. STUDY ITEMS 1. DISCUSSION ON THE FIRE DISTRICT 1 INTERLOCAL AGREEMENT Mr. Taraday advised that FD1 Board Chair FD1 Jim McGaughey and Assistant Chief Brad Reading were present as resources. Councilmember Teitzel asked the difference between an EMT and a paramedic with regard to what they can/cannot do in an advance life service incident such as a severe coronary. Dr. Knight said basic life support (BLS) EMT can provide lower level acuity treatment plan such bandaging, stopping bleeding, CPR, etc. Across the country, the trend is to allow BLS to provide greater levels of care than they could 20 years ago. A paramedic provides advanced life support (ALS) and critical interventions such as inserting respiratory tubes, intratracheal intubation, pharmaceutical medicines and IVs, shocking patients, Edmonds City Council Approved Minutes December 6, 2016 Page 16 etc., A paramedic provides more capabilities than BLS; the higher the acuity or the more serious a medical event is, the greater the need for intervention at the paramedic level. Councilmember Teitzel provided a scenario of someone in north Meadowdale having a critical medical event and an EMT is dispatched who does not have capability for injections, defibrillation, etc. and dispatching a paramedic from Station 17 would take several minutes. Dr. Knight said defibrillation can even be done by a lay person now automatic external defibrillators. The general premise is if a patient needs ALS care in a timely manner, EMTs would be unable to provide that. However, under the current system, plenty of treatment can be provided prior to the paramedic level. Councilmember Teitzel commented response time of a medic is improved via a better distribution of paramedics and they could cover BLS as well as ALS functions better than they are today. Dr. Knight agreed the overall coverage for ALS would be vastly improved with a three station model. Councilmember Mesaros referred to comments during public testimony regarding the ability to raise taxes to provide more resources to maintain or increase resources for fire services. Finance Director Scott James explained the deadline to raise property taxes for 2017 was November 30. Councilmember Mesaros provided a scenario where the paramedic unit at Station 17 is on a call and an issue arises in downtown Edmonds requiring ALS. Currently Station 14 or 19 would respond; he asked their typical response time for paramedic support. Mr. Knight said that information is in the report but it will be longer than with the current station plan. Councilmember Mesaros assumed that response time would be greatly improved if there were paramedics at Station 16 and 20. Dr. Knight agreed. Councilmember Mesaros referred to an email he received indicating an Edmonds citizen had gotten a response from Shoreline; he was unaware the City had an interlocal agreement with Shoreline to provide service in south Edmonds. Mr. Taraday explained Edmonds has auto aid agreements with all surrounding jurisdictions except Woodway who does not have any fire/EMS services. Councilmember Mesaros asked how often Edmonds provides support for other cities. Mr. Taraday agreed there are times when that occurs; the question is with all the paramedics concentrated at Station 17, they are not as able to quickly provide service further east. He assumed the City's paramedic response to other jurisdictions may be limited by virtue of where paramedics are currently located. He suspected by distributing paramedics evenly with one at each station, Edmonds would be in a better position reciprocate for ALS responses to neighboring jurisdictions the same as Lynnwood and Mountlake Terrace (FD1 Station 19) does with their paramedics. Councilmember Mesaros asked if there was a map of EMS calls in a year. Mr. Taraday advised there was a map for 2014 available at City Hall. Councilmember Nelson asked who was on the negotiating team for FED1. Mr. Taraday answered the team has been Board Chair McGaughey, Commissioner Meador, Chief Cockrum, Assistant Chief Reading, and FD1's attorney. Councilmember Nelson asked who was on the City's negotiating team. Mr. Taraday answered it has been primarily himself and Mr. James with consultation with Mayor Earling and Dr. Knight. Councilmember Nelson asked Mr. Taraday if he had any firefighting experience Mr. Taraday answered absolutely not. Councilmember Nelson asked Mr. James if he had any firefighting experience. Mr. James said he did not. Councilmember Nelson observed the City was relying on Dr. Knight for firefighting experience. Mr. Taraday said when they felt any fire expertise was needed, they consulted with Dr. Knight. Board Chair McGaughey and Commissioner Meador are also former firefighters. Councilmember Nelson said they are looking out FD1's interests. Mr. Taraday said they are looking out for FD1's interests at a certain level but all firefighters are interested in protecting public safety. For example, when Alternative 3 was originally proposed, the District essentially refused to pursue it. Edmonds City Council Approved Minutes December 6, 2016 Page 17 Councilmember Nelson asked Dr. Knight if he was a medical doctor. Dr. Knight responded he was not; his Doctorate is in curriculum and instruction with a minor in research and measurement, his Masters is in public administration, Bachelors in fire and safety engineering and he was a firefighters in St. Petersburg, Florida for 22 years. Councilmember Nelson commented the negotiations had been pursued privately with no Councilmembers present. Councilmember Nelson asked who showed up when an ALS call was received near Station 16 and Station 16 was available. Mr. Taraday answered Station 16 would be dispatched because it is the closest vehicle and if it was an ALS call, a second unit from Station 17 if they were available. Councilmember Nelson observed currently there were four units in the City; under the proposal there would be three units. With one paramedic call, staffing was down to one available unit. Mr. Taraday answered it depends on whether one or two units are dispatched. Councilmember Nelson asked if the standard was to have two paramedics respond. Mr. Taraday answered it was standard if they are available and he recalled one of the FD1 negotiators said 90% of the time one paramedic is sufficient and only in a rare instance are two paramedics needed versus a paramedic and 1-2 EMTs. Councilmember Nelson asked if standard policy was to dispatch two paramedics. Mr. Taraday answered that is the standard for a medic call but it is not required. Councilmember Nelson provided another scenario, a BLS call near Station 16 for a broken arm and Station 16 is available and asked who responds. Mr. Taraday answered under the new proposal, Station 16 would be dispatched. Councilmember Nelson observed under that scenario, a paramedic is responding to a BLS call, leaving two stations to respond to an actual ALS call. Councilmember Nelson summarized these scenarios illustrate the impact of reducing the units from four to three. Mr. Taraday said in the most recent scenario, there would still be two paramedics available. Currently if there Station 17 paramedics respond to a call, there are no paramedics available in the City; one ALS call wipes out the entire paramedic crew. Councilmember Nelson pointed out under the proposal, ALS units would be responding to BLS calls in Edmonds as well as in Lynnwood, Mountlake Terrace, and Brier, whereas now Station 17 is out of the way, inconvenient and responds primarily to Edmonds. Mr. Taraday explained FD1 dispatches according to automatic vehicle locator, always sending the closest unit. Mayor Earling appreciated that Councilmember Nelson wanted detailed information but it appeared he was grilling the lawyer. He welcomed general questions but not the debate that would result from trying to poke holes in the agreement. Councilmember Nelson pointed out Mr. Taraday is an attorney. Mr. Taraday welcomed the inquiry, assuring no one was trying to hide any of the details about the proposed change. Councilmember Nelson was asking important questions and he had no problem answering them. Councilmember Buckshnis said she was part of the consultant selection team; the reason for hiring a consultant was to have someone help the City understand. She asked the credentials of the people that helped develop options, prepare the report, etc. She assured then-Councilmember Petso, Councilmember Fraley-Monillas and she left no stone unturned regarding qualifications when interviewing. Dr. Knight said he began as a firefighter/paramedic and worked his way up the ranks through division chief of training, division chief of operations and division chief of EMS during his career and retired as an assistant chief. St. Petersburg is a quasi -metro size department, running about 60,000 calls a year, an ISO Class I department that is going through accreditation. He also worked for the accreditation group for the Commission on Fire Accreditation International through the Center of Public Safety Excellence for about 10 years while still with the fire service completing his degrees. He has been doing consulting full-time for approximately three years. Other members of the team that assisted include Dr. Bruce Moller, originally a police officer outside Chicago, who became the fire chief for Broward County, Florida which merged 13 different municipalities and the ambulance system, then a fire chief of a city similar to Edmonds' size, then serving as the city manager for 5-6 years before becoming assistant county administrator over public safety in Edmonds City Council Approved Minutes December 6, 2016 Page 18 another large county with a population of 1 million and 70 fire stations. The quantitative analysis was done by Dr. Gong Wong who has a PhD in operations research, finance was done by one of the budget director personnel from Miami Dade Fire Rescue and Guillermo Fuentes, the partner who oversaw the study, ran Montreal's EMS system, the 5th largest system in the world. Councilmember Buckshnis pointed out Edmonds was not Dr. Knight's first client. Dr. Knight said in accreditation and consultant he has done studies for approximately 30 cities and counties. Fitch & Associates currently has 13 projects in motion and has been doing public safety consulting for 30 years, has done work in all 50 states, 12 countries and every continent except Antarctica. Councilmember Buckshnis said Fitch's executive summary and data report is included in the packet. She clarified the City can no longer do the status quo because the status quo includes Woodway (Exhibit C) and Edmonds likely will be out of FDI in two years. Mr. Taraday relayed the FDI Board passed a motion last summer indicating they intended to negotiate all the contract cities in a manner to recoup the full cost of the service. He suggested Board Chair McGaughey could answer that question. Councilmember Buckshnis asked the amount of Woodway's share that the City would take on. Mr. James answered the contract gives the City the ability to subcontract with Woodway. Councilmember Buckshnis pointed out that was not an issue yet because Woodway would need two years to get out of their contract with Shoreline. If the Council moves forward with an alternative, the City must pay Woodway's share, approximately $983,000. Mr. James said the cost is based on 2014 because FDI has not settled the contract with its labor unit. The current estimate is $800,000 and he estimated the status quo would be in the high $800,000s. Councilmember Buckshnis commented Alternative 2 was actually a hybrid, recalling an alternative was considered where firefighters would stabilize and FDI would provide transport. Mr. Taraday said that was a supplemental medic unit that FDI was originally considering. FDI still needs to get over a hurdle with the union who is opposed to less than 24 hour shifts and does not want to allow peak hour medic units. Councilmember Fraley-Monillas asked who in management negotiates for the teamsters for Edmonds. Mr. Taraday answered HR Director Hardie and Sharon Cates, Lighthouse Law Group. Public Works Director Phil Williams said he also participates. Councilmember Fraley-Monillas asked whether Ms. Cates or Ms. Hardie had experience working in the sewage treatment plant. Ms. Hardie said no. Councilmember Fraley-Monillas said negotiators depend on the people they are negotiating with to get information. She asked who negotiates for the Police Department. Ms. Hardie said she currently serves as the lead, Ms. Cates, Chief Compaan and Assistant Chief Lawless also participate. Councilmember Fraley- Monillas asked if Ms. Cates or Ms. Hardie had any experience with animal control. Ms. Hardie answered not that she was aware of. Councilmember Fraley-Monillas asked if the chiefs had ever done animal control. Ms. Hardie answered it was possible. Councilmember Fraley-Monillas asked how staff determined the best way to negotiate a contract; did they assume what the animal control officer did or did they find out from the other side. Ms. Hardie answered it is a process, working with the management team as well as the union. Councilmember Fraley-Monillas said the City will never have people in negotiations who have done every job. She appreciated Dr. Knight's ability to answer questions and provide technical information. It was her understanding the fire commissioners have been very helpful to the City in providing information. She asked whether the City negotiates the effects of a reorganization with Local 1828. Mr. Taraday answered no, the City does not have a contract with Local 1828, FDI does. Councilmember Fraley-Monillas asked who negotiates with Local 1828. Mr. Taraday answered it was his understanding negotiations was done by a lawyer but he was unaware who was on the negotiating team. Councilmember Fraley-Monillas assumed FD 1 commissioners have some experience in fire services. Mr. Taraday answered two commissioners do. Councilmember Fraley-Monillas observed when FDI is Edmonds City Council Approved Minutes December 6, 2016 Page 19 negotiating with Local 1828, there is some experience at the table. Mr. Taraday assumed one of the chiefs or one of the commissioners is involved in negotiations but he did not know anything about their negotiation process or who was on the team. Councilmember Fraley-Monillas summarized it is not abnormal in a negotiation process for one side not to have experience in every aspect. Council President Johnson recalled Mr. James stating Woodway's cost was in the high $800,000s and it was previously stated FD1 was not interested in carrying that cost and all the costs must be covered by the contract cities. She felt it was a burden for Edmonds to cover the cost of another jurisdiction, Woodway. The proposal includes a provision whereby if Woodway returns to 17131, Edmonds could collect their contribution. Woodway would need two years to end their current contract with Shoreline. She asked if there had been any discussion about sharing the cost of Woodway with FD1 during the interim so it is not entirely the City's burden. That would result in a significant savings for Edmonds, up to $400,000/year. Mr. Taraday responded the primary focus in the negotiation was to contract for the right to subcontract to Woodway. That was felt to be an appropriate tradeoff given the additional cost the City was being asked to incur. There are other ways to approach problem and find a solution. He displayed the map of FDl and the three Edmonds stations, pointing out the only FD1 territory anywhere near these three stations is Esperance. The ask would be to for FD1 to pay a share of these three stations which exceeds the amount attributable to Esperance. The City's strategy was to focus on trying bring Woodway back and acquire the right through negotiations to subcontract to Woodway so that Edmonds is in the driver's seat and has a higher likelihood of bringing the Woodway dollars back to help finance the three stations. Council President Johnson appreciated that in the long run but in the short term, it could cost the City $1.6 million ($800,000/year for the 2 years until Woodway gets out of their contract with Shoreline) to pay for service Woodway is not receiving. Mr. Taraday responded under Alternative 2, Woodway's share was $602,000/year. The City has the ability to stand on the existing contract rights and see what happens. Council President Johnson recalled Mr. Taraday saying that would result in the same negotiations. Mr. Taraday agreed that was his prediction. Council President Johnson accepted his analysis but was interested in reducing the cost so it was not a burden to Edmonds. One of the ways would be to share it with FD1 over the next two years. Mr. Taraday said that is essential what the City would be doing if a decision was made to stand on the existing contract rights. Council President Johnson asked if there was something in between that would only cost Edmonds half the amount to subsidize Woodway. Mr. Taraday said that was not pursued in negotiations, the focus in negotiations was the right to subcontract to Woodway. The City has the right to stand on the contract language and theoretically ride it out for two years. What happens at the end of two years is unknown; he did not foresee FD1 would let that ride for two years. Council President Johnson understood the team negotiated the right for Woodway funds go into Edmonds General Fund but Woodway cannot do that without defaulting on their agreement with Shoreline. As a result, the cost of Woodway's contribution would be borne entirely by Edmonds for the next two years. Mr. Taraday agreed, commenting it could be argued that was appropriate given the areas served by Stations 16, 17 and 20. Mr. Taraday pointed out these issues dovetail nicely in that the City's utilization rate is currently quite low. The thinking was it would take some time to bring Woodway back but meanwhile, given these unit utilization rates, the City could pursue Alternative 2 while Woodway is brought back and the utilization will slowly increase. He anticipated by the time utilization rates reached the point where capacity needed to be added, it was likely Woodway would be back and essentially whatever service was needed could be added with Woodway's revenues to help pay for it. Council President Johnson asked the cost to Edmonds for the next two years to pay Woodway's portion. Mr. Taraday answered their share of the station labor costs under Alternative 2 are $602,000/year. Council President Johnson commented that was almost the cost of reorganizing Station 17. Edmonds City Council Approved Minutes December 6, 2016 Page 20 Councilmember Nelson referred to the comparison of labor contracts to this interlocal agreement, pointing out that was comparing apple to oranges. Labor contracts and job classifications are not comparable to the type of fire service the City wants, fire engines and paramedic and how they operate, call times, turnout times, etc. He referred to Mr. James' October 2014 comments in My Edmonds News that Edmonds has a unique service model that other cities do not, a dedicated paramedic unit. Dedicated paramedic unit costs more and it's possible Edmonds could receive the same level service without the extra expense. That's good common sense. Councilmember Nelson pointed out Mr. James was talking about getting rid of Medic 17 before Fitch conducted the study and now the recommendation was to get rid of Medic 17. Mr. James explained when the City received the retro bill, it opened the door for discussion about how to mitigate this huge cost. FD1 offered to change the paramedic service, indicating there was no study showing the levels of service Edmonds was providing. When Edmonds signed the contract with FD1, it was a prescriptive move, the existing levels of service. He recalled Medic 7 was originally operated through Stevens Hospital; when Medic 7 disbanded, Edmonds took on the paramedic service without benefit of a study substantiating the need for a dedicated paramedic unit at Station 17. Then -Chief Widdis acknowledged without benefit of a study, the City may be over capacity and one way to save money would be to reallocate the paramedic to three stations, essentially disbanding 17. Councilmember Nelson said the primary reason this idea came up was the cost. Lynnwood has a dedicated paramedic; FD1 has a dedicated paramedic unit, Medic 11, the busiest medic in the district; and King County has world renowned Medic 1. Mr. James said the demands in those areas are different than Edmonds. He referred to standards of coverage in the contract, FDl has been unable to meet many of the fire response standards, and the contact indicates FD1 will work on those standards. Mr. Taraday said those standards have historically not been met by the City's Fire Department or by FD1. He was unclear where those standards came from as they do not appear to be realistic, similar to FD1's adopted standard turnout time of 2:15 and their actual is 2:41. There is always an effort to reach the standard but they are frequently not met and he did not have an explanation for that. Councilmember Nelson observed the contract was proceeding with the idea that the standards for fire response have not been met in the past and there are no plans to meet them in the future. Mr. Taraday said FD1 will do the best job possible to respond quickly. Councilmember Nelson pointed out there is nothing holding them accountable. Mr. Taraday said there was discussion about moving to performance based standards; one of Fitch's overarching recommendations was instead of prescribing the number of positions, to move to a pay for performance based standard. Everyone thought that was a good idea but a lot of work would be required to develop a realistic performance based standard, one that was so consistently achievable that if it was not met, there would be a financial consequence. The parties are not in position to do that now but no one is abandoning that effort and ultimately want to get to that. Councilmember Nelson wanted to reach that sooner than later. Councilmember Nelson said the issue has always been about cost. In reading the Fitch study he repeatedly saw phrases such as realize savings, original cost productions, financial beneficial, fiscal analysis, value based analysis, explore fiscal efficiencies, no cost option, equivalent value, at no cost, minimal no cost options, provide the greatest return on investment, contain costs, reduction in expenditures, significant fiscal benefit, fiscal advantage, cost free. He compared the report to a stock prospective due to the number of references to return on investment. He was concerned the primary issue seemed to be cost. He referred to the cost for Woodway, $1.36 million and the $700-800,000 Edmonds would be on the hook for. Mr. Taraday referred to Exhibit C that would apply under proposed Alternative 2. Woodway's share of station staffing cost was calculated by multiplying Station Staffing Cost, $6,601,270, by 9.13%. Woodway's share of the total is calculated by multiplying the total Suppression/EMS Contract Cost $8,231,586 by 9.13%. He agreed it was a lot of money. Councilmember Nelson proposed a scenario, in two years Woodway no longer contracts with Shoreline and agrees to subcontract with Edmonds and asked how much money that represented. Mr. Taraday said Edmonds City Council Approved Minutes December 6, 2016 Page 21 the City gets to decide; he anticipated it would be slightly less than what Shoreline charges Woodway today. Councilmember Nelson commented that large amount may only exist for 1-2 years and it would be significant less to have the status quo assuming the City subcontracts with Woodway. Mr. Taraday said his assumption was not necessarily that the City would fully recoup what was formally known as Woodway's share, the 9.13%, because that may not be a price Woodway was willing to pay. He suggested Edmonds would be in a position to drive a bargain that Woodway would be hard pressed to refuse. Councilmember Tibbott referred to the UHU chart and asked how current it was. Dr. Knight answered 2014. Councilmember Tibbott asked if there was any indication of increase in the past two years. Dr. Knight answered overall growth was fairly flat in the last two years, less than 2%. He acknowledged two years was a short snapshot. Typically Fire Department's increase 3-5%/year nationally so 5% is a more reasonable projection. Councilmember Tibbott asked if Woodway was part of the service area in 2014. Dr. Knight answered no. Councilmember Tibbott asked how the proposed configuration of ALS at three stations compared to other stations in FD 1. Board Chair McGaughey answered with the exception of Station 11 in the far north, FD 1 has a paramedic and EMTs at every station. Councilmember Tibbott asked how many firefighters that represented. Assistant Chief Reading said every station has a minimum of one paramedic, a captain, and an EMT, sometimes two paramedics depending on staffing. Station 11 near Mariner High School has five staff, a dedicated medic unit with a minimum one EMT and one paramedic and an engine with three people including one medic. Station 10 and 21 have peak activity units 12 hours/day to assist with call load and they each have a paramedic and a firefighter. Councilmember Tibbott asked how FD1 was able to have 12-hour shifts at those stations. Assistant Chief Reading answered with great difficulty, they are currently bargaining that with the labor group. Councilmember Tibbott asked how well Alternative 2 would service Edmonds as it related to having ALS distributed around the City and response times. Assistant Chief Reading answered distributing paramedics among stations is done in the rest of the district and the Commission feels that is a better way to provide the service. Conversely, any time a unit is eliminated, it reduces staffing within the City. Councilmember Tibbott commented there would also be a reduction in the service area. Assistant Chief Reading advised Woodway has not been part of the service area since 2012. Councilmember Tibbott commented the City is looking for a way to right size forces. Distributing ALS services may be a way to serve the City in a superior way. Assistant Chief Reading said ALS at every station is the way FD1 is configured and they feel it provides a good level of service. The City's service level is determined by the City Council and FD1 tells the City how much that costs. Councilmember Tibbott was concerned about the possibility of increased population particularly if Woodway returned. Of the three existing stations, two appear to be in great locations and one is not the best. He asked which of the three would be the best location for a fourth unit or was there another location for a fourth unit. Assistant Chief Reading said near Stevens Hospital would be a good location for a medic unit, either a peak unit or a full-time unit due to the call load in that area. Assuming continued growth of residential and commercial on Highway 99, Councilmember Tibbott asked what future service requirement could be anticipated in 5-10 years. Assistant Chief Reading said there are openers in the contract as Edmonds grows. One of the issues with taller development is ladder response and dedicated ladders. Edmonds has a cross -staffed ladder aid car at Station 20. There may be a need for a dedicated later at some point in the south end to help with high-rises. Councilmember Fraley-Monillas commented she was elected on the first day the City no longer owned its Fire Department. She agreed the issue was cost; hiring Fitch & Associates was the result of the City's Edmonds City Council Approved Minutes December 6, 2016 Page 22 receipt of a $1.9 million bill and the Council's interest in determining whether there was a better way of doing business. Early discussions included the City restarting its own Fire Department and the associated costs, contracting with another Fire Districts such as Lynnwood. Where the discussion finally landed was figuring out what to do and maintaining FD1. The biggest issue is Woodway and she was unsure the contract would have been renegotiated if Woodway had not left. FD1 negotiated a contract with Woodway that allowed them an easy out. There were no provisions in the contract that Edmonds would pick up the cost of Woodway if they left. Woodway leaving also impacted the $1.9 million bill the City received. One of the options is a public safety levy to fund the Fire and Police Departments. Cuts have been made to the Police Department in the past and before FD1 took over the Fire Department, there were cuts to the Fire Department due to a lack of funds to pay for services. Costs are increasing; labor costs are approximately 80% of the Fire and Police Department budgets. She anticipated the only way to cover the increasing cost was a public safety levy. In the past, the City put a three-part levy on the ballot; all three failed because the City did a poor job publicizing them. The City needs to find ways to provide public safety, roads, and basic necessities such as stormwater and water via a public safety levy. If the City wants rich services in police or fire, there needs to be a funding mechanism. Citizens are not paying enough in taxes to afford really good, safe, secure public safety. Councilmember Buckshnis said to her it was not about the financial analysis but understanding how firefighters work. In 2009 she was a citizen proponent of not selling the City's Fire Department to FD1. She disagreed the Fitch report read like a prospectus; it talks about the number of Edmonds incidents, percentage of fire incidents, average calls, what firefighters do. This is a very emotional situation and because she is not a firefighter, she needed to understand how hard firefighters work, the number of calls, etc. The annual reports FD1 provides do not provide the details that the Fitch report provided. She encouraged the public to read Fitch's final report which provides the Council the tools to make good decisions. Councilmember Buckshnis pointed out FD1's attorney is also present tonight. She assured this has been a collaborative effort for a long time; the Council is trying to trying to figure out the best thing for the City and the firefighters in the short and long term. Councilmember Teitzel relayed he was impressed with FD1 and the quality of service they provide. If the Council approved the reduction of two staff in Alternative 2, he asked whether those individuals could be reassigned within FD 1 or would there be a reduction in head count at FD 1. Mr. Taraday said his understanding is those positions are easily absorbed elsewhere in the District and no one would lose their job as a result of this change. Mayor Earling asked whether staff planned to meet with the FD1 representatives again before next week. Mr. Taraday said no meeting is scheduled, but he anticipated some edits from FD1 on the last draft. Assuming the City Council is in favor of this proposal, ideally final action would be taken next week. He requested the Council provide a sense of whether they wanted to continue with Alternative 2 and staff will bring the agreement back next week for a motion on the contract and any amendments. It was his understanding FD 1 has requested the Council reach agreement so the new agreement could be effective January 1, 2017. Mr. Taraday suggested Councilmembers pose any technical fire response type questions tonight as Dr. Knight will not be present next week. Dr. Knight commented as an outsider to the process, he commended the Council for their transparent, open process. The team worked with City staff, met with Councilmembers, worked with Chief Widdis to ensure FD1 had advance notice of anything that was presented publicly, and a presentation was made to the FD1 Board. The reported looked at the services, applauded FD1 on providing high level services and found no deficiencies in the service delivery models, but identified potential opportunities for changing the status quo. He recognized this change was challenging and emotional. The Council could be assured it had been done in a highly professional and transparent manner. Edmonds City Council Approved Minutes December 6, 2016 Page 23 COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Fraley-Monillas asked whether it was absolutely imperative that the agreement be in place by January 1, 2017. Mr. Taraday said he could not speak for what FD1 would do if the agreement was not in place this month. A fair amount of the details in the agreement assume service starts under the new model on January 1, 2017 so significant redrafting would be required if it did not. He discouraged delaying the approval of the agreement for a few weeks without a compelling reason and was uncertain what additional information would be needed as the report was quite thorough. He understood it was a difficult decision. Councilmember Fraley-Monillas preferred to have a discussion with Council about a public safety levy anticipating a levy could be completed in a year. Mr. Taraday asked if Councilmember Fraley-Monillas' thought was to proceed with the levels in Alternative 2 and if a levy passed, the City could add service. If the levy did not pass, the voters will be saying they do not want to pay for a higher level of service. Councilmember Fraley-Monillas agreed that was her thinking. Mr. Taraday said a final draft will be presented to Council for possible action next week. 3. 20164TH QUARTER BUDGET AMENDMENT Mr. James reviewed the 41h Quarter Budget Amendment: ■ 6 Decision Packages o Additional costs identified in the replacement of Frances Anderson Center band shell - $62,275 o Bond refunding savings - $367,000 o Deputy City Clerk out of class pay - $4,120 o Waterfront Access Study - $50,000 o City did not receive a grant from Snohomish County Tourism — $40,000 o Economic Impact Study of the arts in Edmonds - $20,000 • $888,526 in revenues • $1,032,008 in expenditures * $143,482 decrease in fund balance COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE 4TH QUARTER BUDGET AMENDMENT. MOTION CARRIED UNANIMOUSLY. 4. PROSECUTOR'S CONTRACT RENEWAL Human Resources Director Mary Ann Hardie advised the current contract expired at the end of 2015 with a 1-year extension to December 31, 2016. HR along with Sharon Cates, Lighthouse Law Group, has been negotiating the prosecutor's contract with Zachor Thomas. This will renew the contract for two years with a $50,000 increase in 2017 and a $58,000 increase in 2018. Procedural changes in the court, in the indigent defense standards, and caseloads has result in increased prosecution service costs. It is further recommended that the City publish an RFP for prosecutor services by the end of 2017 or early 2018. Councilmember Mesaros recalled when the City renewed the City Attorney's contract, a process for evaluating their performance was established. He suggested doing the same for the prosecuting attorney and to include the evaluation system in the RFQ. Ms. Hardie agreed. Councilmember Tibbott said one of the messages he heard was the system has changed and there are more requirements. New information tonight was the State Supreme Court requires the defense attorney Edmonds City Council Approved Minutes December 6, 2016 Page 24 to spend time with their clients which he saw as a kinder, gentler approach but essentially an unfunded mandate for cities. He asked if there ways to accomplish this kinder, gentler approach other than with attorneys. Ms. Hite said the public defense contract includes social worker services and investigative services that are less than the attorney rate. She agreed it was an unfunded mandate from the State, but all cities were in the same position. One of the items on the legislative agenda is to look at public defense costs. Councilmember Tibbott asked if the legislative effort was for the State to be more directly involved with funding. Ms. Hite answered yes, noting there is a small amount of public defense funds but it is only for new services so the City did not quality this year. Councilmember Tibbott supported a bridge amount but was hopeful a better arrangement could be identified in the future. It was the consensus of Council to forward this item to next week's Consent Agenda. 5. PRESENTATION OF BIDS FOR THE VETERAN'S PLAZA PROJECT Parks & Recreation Director Carrie Hite reported a community group raising money to fund development of the Veterans Plaza has raised $525,000 to date. A few months ago staff asked Council to reject the first bid cycle for the project; one bid was $750,000 and the other was $480,000 and additional costs increased those amounts. The City went out to bid again and opened three bids today, ranging from $290,000 to $472,000. She requested Council authorization for staff to validate the low bid of $290,000 and return to Council with an award of bid next week so construction can begin in January. Staff will still need to work with the community group on the bid and the additional costs. Councilmember Buckshnis reported $8,500 has been raised for the K-9 Veterans statue. Councilmember Tibbott asked the difference between the $700,000 bid last time and the $290,000 bid this time. Ms. Hite answered, 1) this is a better time to bid and 2) bidders were only given two week for the previous bid and this bid allowed a month which allowed further investigation and a more accurate bid. When staff talked to the firm that submitted the $700,000 bid the first time, the contractor indicated he threw out a number because he didn't have enough time. Allowing a month for bids allowed contractors to prepare a more thoughtful bid. The project has a 60-day construction but it can be spread out between January and May with substantial completion in early May to accommodate a ribbon cutting on Memorial Day. 11. MAYOR'S COMMENTS Mayor Earling encouraged the public to think tomorrow about the importance of December 7, 1941, the attack on Pearl Harbor, in America's history. Flags will be at half-staff. 12. COUNCIL COMMENTS Councilmember Tibbott commented on the importance of pedestrian safety, relaying a near miss this morning when a pedestrian stepped in front of his car. Fortunately, the person was wearing flashing lights on her shoelaces which allowed him to notice her and stop in time. He reminded drivers to be extra vigilant and for pedestrians to carry a flashlight and/or wear reflective clothing. Councilmember Mesaros thanked Council President Johnson for adjusting the agenda, recognizing the Council would not have been able to complete all the agenda items otherwise. Councilmember Teitzel reported on a Sustainable Cities presentation by the Western Washington University students regarding zero waste where he learned machinery is used to separate recyclables and Edmonds City Council Approved Minutes December 6, 2016 Page 25 plastic bags, although recyclable, jam up the conveyor belt. He reported on the Snohomish County Conservation District meeting where Rondi Nordal, Students Saving Salmon, and several others received awards. He also attended a business attraction event organized by Mr. Doherty where Bob Drewel was the keynote speaker that highlighted benefits of Edmonds to businesses. He spoke with a woman considering relocating her Pioneer Square business to Edmonds because the floor space is less expensive. Council President Johnson expressed concern with pedestrian safety and urged pedestrians to wear light colors and reflective materials or gadgets on their clothing. She relayed a similar experience where a person wearing black clothes was only noticeable due to the reflection of their tennis shoes. My Edmonds News reported a pedestrian accident at 220th & 9`}'. She urged everyone to be very cautious when walking and driving. Councilmember Buckshnis thanked Mayor Earling and Mr. Doherty for the Western State students' presentations; she attended presentations on zero waste, construction waste and effective recycling. The students did phenomenal work in one quarter and she expressed interest in a phase 2. Councilmember Fraley-Monillas thanked Councilmember Nelson for his budget amendments related to pedestrian safety. Another accident indicates the need for pedestrian education as well as police to help drivers understand. The driver in the most recent accident was ticketed. Councilmember Nelson appreciated the concern about pedestrian safety, relaying the incident Friday highlights a perfect storm: dark and raining, driver alert, paying attention and driving at a low speed but did not see a pedestrian legally in a crosswalk who was wearing dark green clothing. Dark clothing is one of the top reasons drivers don't see pedestrians. He urged pedestrians to wear a reflective vests, blinking lights, etc., pointing out visibility makes a difference. 13. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.1101 i This item was not needed. 14. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 15. ADJOURN With no further business, the Council meeting was adjourned at 10:30 p.m. DAVID O. EARLING, MAYOR LOTT PA SEY, CaTY C K Edmonds City Council Approved Minutes December 6, 2016 Page 26