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20180717 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES July 17, 2018 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Michael Nelson, Council President Kristiana Johnson, Councilmember (by phone) Thomas Mesaros, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Frances Chapin, Arts & Culture Program Mgr. 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 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5t' 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. Councilmember Johnson participated by phone. 3. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF JULY 10, 2018 2. APPROVAL OF CLAIM CHECKS, WIRE PAYMENT AND PAYROLL CHECKS 3. CONFIRM APPOINTMENT OF TRACY LITTLE TO THE CEMETERY BOARD 4. MAY 2018 MONTHLY FINANCIAL REPORT 5. FAC PLAYGROUND PROJECT CLOSEOUT 6. FINAL ACCEPTANCE OF THE 228TH ST. SW CORRIDOR IMPROVEMENTS PROJECT Edmonds City Council Approved Minutes July 17, 2018 Page 1 7. AUTHORIZATION FOR THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT FOR SNOHOMISH COUNTY NATURAL YARD CARE OUTREACH 8. BELL ST. NO PARKING ORDINANCE 9. 76TH AVE/212TH INTERSECTION IMPROVEMENTS - CHANGE ORDER APPROVAL 5. PRESENTATION STUDENTS SAVING SALMON YEARLY COUNCIL REPORT 2018 Erin Francisco introduced members of Students Saving Salmon Club, Edmonds-Woodway High School: Emily McLaughlin Sta. Maria, Elena Sta. Maria, Aimee Fuji, Miriam Gold, Ava Wilson, and Grace Yockey. The club had over 30 members this past school year and is expecting 50 students in the coming year. Students Saving Salmon is a club formed to get Edmonds-Woodway High School students involved in local watersheds in order to learn about the protection of salmon and their habitat and to get hands-on experience collecting, interpreting and presenting data and other club findings. Many members of the club get involved because they wish to pursue similar subjects for careers or because they simply want experience with field work and community outreach. More importantly, they all care about the salmon and preserving the environment in Edmonds. Erin said since their last presentation to the Council, the club has continued volunteering with the Edmonds Stream Team on monthly water quality monitoring as well as participating in several salmon stewardship programs which include the salmon surveys, habitat restoration and work at the Willow Creek Hatchery. They have also done outreach in the community to spread news of their club and how the community can work toward the goal of saving salmon. Grace Yockey said students have appreciated the opportunity to participate in a project to collect accurate, scientific data on stream quality that can be used by government officials and for research. The water quality data they collect is directly comparable to that used by state agencies and other scientific research projects. The Edmonds Stream Team uses two electronic instruments, the YSA Pro Plus and the YSI Pros DSS, to measure factors in water such as pH, conductivity, dissolved oxygen, salinity, temperature, etc. to monitor water conditions for salmon. They now have almost three years of continuous monthly water quality data that can be analyzed and compared to the Washington State water quality standards. They also continue to collect water quality samples for analysis by an accredited laboratory for stormwater pollutions such as petroleum compounds and heavy metals. These lab analyses are very expensive and the funding provided by the City Council allows them to continue the study every year. They have also continued sampling for fecal coliform bacteria in creeks and the Marsh in cooperation with the Edmonds Wastewater Treatment Plant lab. High levels of these bacteria in creeks indicate the potential presence of pathogens that cause health problems for people and animals. Grace displayed a map of the monitoring sites, explaining the Stream Team monitors creeks throughout Edmonds including Shell, Willow, Shellabarger, and along the Edmonds Marsh, a total of 17 monitoring sites in downtown Edmonds. An additional site in upper Shellabarger Creek was added to improve monitoring of the entire watershed. Electronic instruments are used to measure water health to determine if streams are healthy for salmon and other aquatic organisms. Their work is supervised by project leader Joe Scordino, but all the data is entered by students into a data base that contains over 1000 monitoring events and further analyzes to determine if A, conditions match the state standards, and 13, to look for changes in water conditions that could later become a risk. Edmonds City Council Approved Minutes July 17, 2018 Page 2 Aimee Fuju provided highlights of several critical parameters. Once of the most important parameters is water temperature. Salmon native to Washington must live in cold water so water temperature is monitored to ensure temperatures are low enough. She displayed a graph, Water Temperature — All Sites, explaining the average water temperature of Hindley, Shell, Shellabarger and Willow Creek ranges from 57.8°F in the summer to 47°F in the winter. The maximum water temperature for salmon spawning, rearing and migration, set by the Washington Administrative Code (WAC), is 63.5°F. All the average temperature recordings from monthly monitoring fell under the maximum requirement; however, there was one reading in the summer in Hindley Creek of 63.8°F. Aimee displayed a graph, Water Temperature — Marsh, explaining the average temperature throughout the year ranged from 62.4°F in the summer to 45.8°F in the winter. All the measurements are under the maximum requirement of 63.5°F; however, the graph illustrates water exiting the Marsh along the north edge matched and exceeded the standard water temperature in spring and summer. The Marsh outlet had a high temperature of 73.3°F in the summer and 68.5°F in the spring. The north edge of the Marsh held a summer high temperature of 72.0°F. The graph illustrates both the streams entering the Marsh are below the state standard, however, the water exiting the Marsh at the outlets exceeds the state standard, illustrating water is warming up while inside the Marsh. Better circulation and vegetation may help address this problem. Aimee displayed a graph, Dissolved Oxygen (mg/L), explaining it is important to monitor dissolved oxygen levels because they must be above a certain level for fish to respire. The average dissolved oxygen levels in the creeks ranged from a low of 10.0 mg/L in the summer to a high of 11.3 mg/L in the winter. The lowest average of the year was 9.3 mg/L at the south fork of the upper Shellabarger in the summer. As the graph shows, all levels are well above the state standard for spawning, rearing and migration of 8.0 mg/L. Additionally, the dissolved oxygen levels in lower Shell Creek where salmon spawn in the fall and winter were 11.0 mg/L, the optimum level for salmon eggs in gravel. Aimee displayed a graph, Dissolved Oxygen (mg/L) at Edmonds Marsh, explaining the dissolved oxygen levels through the main flow of water in Edmonds Marsh average 9.3 mg/L at the outlet which is over the minimum standard. However, the dissolved oxygen levels measured at the northern edge of the Marsh along Harbor Square average 3.0 mg/L and was below 2.0 mg/L except during periods of rainfall. Levels this low are lethal to most aquatic organisms. The southern parts of the eastern edge of the Marsh along Highway 104 had dissolved oxygen levels averages of 5.0 mg/L and 1.6 mg/L, well below the state standard. The levels at the edge of the Marsh tend to rise during periods of rainfall which suggests a lack of circulation throughout the Marsh. Aimee displayed a graph of pH levels, explaining pH was within the Washington State standards of 8.5 to 6.5. The Marsh can be slightly acidic during certain times of the year, but overall pH is not an area of concern. However, monitoring is only done once a month which does not allow capture of all things that may flow into creeks outside the monitoring timeframes. There have been reports of foam and suds in the water as well as a solvent smell coming from one creek which may suggest people are draining detergent and other substances into storm drains. Although data shows Emily McLaughlin Sta Maria explained the Stream Team continues to collect water samples to be tested for fecal coliform bacteria at the Edmonds WWTP lab. Fecal coliform are bacteria found in feces of warm blooded animals. The graph illustrates varying amounts of fecal coliform have been found at each of the sampling sites. There are no Washington quality standards for'contact with fresh water aquatic life for fecal coliform; based on the Washing standards for recreational contact for humans for fecal coliform is 100-200 colonies/ 100mL, some counts were quite high. Although there have been many high counts, there have also been many low counts, providing no reason or pattern. Higher counts occur after periods of long rainfall, but samples have been collected several days in a row that yield varying results with no good reason for the Edmonds City Council Approved Minutes July 17, 2018 Page 3 higher counts. Due to the fluctuation, they hope to do further tests and determine the type of animal the fecal coliform may be coming from. Emily displayed a graph, Fecal Coliform Bacteria (colonies/100mL), that illustrates counts from creeks in the area. The highest counts, 900 colonies/ 100mL, are from lower Willow Creek and are significantly above the 100-200 colonies/100mL maximum. Sampling in Upper Willow has found lower fecal coliform levels. The graph accentuates the fluctuations in Shellbarger and Shell Creek, relatively low counts in 2016 that increased in 2017 and decreased in 2018. Levels in Willow Creek increased in 2017 and remained high in 2018. They will continue monitoring for fecal coliform bacteria and return next year with a better hypothesis for the extreme fluctuations and high counts. Beyond bacteria, they also continue collecting water samples for petroleum hydrocarbon and various heavy metals at the ALS Laboratory in Everett. The Students Saving Salmon thank the City Council for the funds to continue that testing. The samples are monitored for 18 specific types of PAHs (polycyclic aromatic hydrocarbon) that have been identified by the EPA as high priority pollutants; only ten have Washington quality criteria for human health. Some of the PAHs are carcinogenic and high levels have been found in some samples. Of the ten PAHs with Washington State criteria, five exceed the criteria. To date 59 different samples have been collected; of that 59, 39 have shown at least one of the 5 PHAs over the Washington State criteria. Sites that generally have the highest PAHs are along the Marsh edges including the eastern edge along Highway 104 near the storm drain and the north edge by Harbor Square which has had industrial activity in the past which may have contaminated the soil. Fortunately, at the Marsh outlet that leads to Puget Sound, levels of PAHs have generally been lower, indicating the Marsh is doing a good job filtering out PAHs. Emily referred to the graph and one bar that reflected high levels. She noted it is important to note PAHs have different levels of toxicity. Although a high level, it does not exceed Washington State criteria due to the high standard. She displayed a graph, cPAHs — Percentage exceeding WA State Criteria, pointing out benzo(a)pyrene exceeds state criteria in both creeks and the Marsh. She referred to a sample at the Marsh east storm drain by Highway 104 that exceeded the criteria by 649%. They will continue to collect data on PAHs with the funding provided by the Council and report on them next year. Emily displayed a graph, Heavy Metals Detected in Water Samples (except iron), commenting zinc has been found in the highest amounts. Iron is not shown on the graph because iron -is generally found in large amounts, making it difficult to compare with other metals. High levels of soft iron in waters are expected because it is naturally found in high levels in the area. They will collect additional samples for heavy meals and return next year with a more complete report. Emily explained along with numerical data, they also collect data on habitat around the watershed such as vegetation and bottom substrate found in the water. There are some areas of concern such as sediment flow in Shell Creek; the heavy flow has caused gravel to be covered making it difficult for salmon to spawn and caused blockages that make it difficult for salmon to traverse the creek. There also issues with woody debris; woody debris is essential for salmon because it creates pools and back currents that give salmon a resting place. Last winter someone removed all the woody debris from Shell Creek near Holy Rosary Church; likely with good intention, but it is important the woody debris remain in the creek. Miriam Gold reported on salmon stewardship in Shell Creek. Salmon surveys done in late November and December see salmon returning to Shell Creek from the ocean to spawn. Population surveys are taken to count the number of returning salmon, counting living and dead salmon as well as the places where salmon may have laid eggs in the gravel. Far fewer salmon were spotted this year than in previous years, both coho and chum and streamside residents also report they have seen fewer salmon this year compared to past years. Many streamside residents report they have frequently seen on and off years for the salmon run so it Edmonds City Council Approved Minutes July 17, 2018 Page 4 is hoped the population will bounce back in this year's surveys. Students Saving Salmon also do frequent habitat restoration on private properties in Edmonds such as the area on Shell Creek by Holy Rosary Church. Habitat restoration includes removal of noxious and invasive species such as Himalayan blackberry, morning glory and ivy which choke out other native vegetation and replanting with native species such as dogwood, ferns and spruce. Habitat restoration is funded with grants from Sound Salmon Solutions. This process has numerous benefits; plants shade the water keeping the temperature optimal for salmon and a greater variety of vegetation makes provide a better ecosystem for all aquatic life including salmon and the roots help prevent streamside erosion. A variety of vegetation also makes for a more aesthetically pleasing streamside. Miriam explained one of the most significant areas of salmon stewardship is the Students Saving Salmon's work with the Will Creek Hatchery, helping to raise the salmon at the hatchery from eggs to fry. This year the club did its second release of salmon fry into upper Shell Creek that had not seen salmon in decades due to multiple waterfalls and blockages that stop salmon upstream progress. The club also attempted to place salmon eggs into a hatch box in Shell Creek; the purpose of the hatch box is to mimic natural condition of gravel at the stream bottom. This was not successful because the area where the hatch boxes were placed had too much fine sediment which clogged the hatch box and killed the eggs. Although unfortunate, it helped educate the club on where to place the hatch box to ensure more success. Elena Sta. Maria said Students Saving Salmon also spread awareness of how to protect salmon and their habitat along with spreading awareness of the club. Besides visiting streamside residents on lower Shell Creek, they have presented analysis of water quality and streams and the Marsh to the Edmonds City Council annually for three years. They have also made several presentations about their findings to other community groups such as the Floretum Club, the Puget Sound Anglers, the Olympic Fly Fishers, Trout Unlimited as well as third graders at Brighton School. Representatives from Edmonds Community College Public TV interviewed club member Ava Wilson and club advisor Joe Scordino about their experiences. They have had a booth at the Watershed Festival at the Willow Creek Hatchery for the past three years and are planning to continue that outreach. They also had a booth at the Edmonds Waterfront Festival last month and hope to have that opportunity in the future. Both festivals allowed them to interact with kids and their parents to teach them different ways to help save salmon and streams. Ava Wilson relayed the Students Saving Salmon's recommendation that the current water quality monitoring project continue so that annual trends can be evaluated and baseline information can be established. This will provide long term data that will allow comparisons in the future to potential environmental or pollutant driven issues and probable effects of climate change. Additionally, this project has provided students with field science experience and expertise that will be valuable to future jobs and possible careers. Fields studies and activities continue to attract new students to the club. Students Saving Salmon greatly appreciate the continued support from the City and the City Council and their enthusiasm toward their efforts and hope the annual funding will continue as the funds are vital to obtaining supplies needed to conduct the project. Ava explained data gathered while monitoring the local watershed's water quality indicates the principle water parameters, temperature, dissolved oxygen and pH in the creeks, meet Washington water quality standards for salmon. Students Saving Salmon commend Edmonds residents for helping to keep streams in good condition. The data indicates water quality conditions in the creeks are suitable for salmon and efforts to reestablish viable Coho and Chum salmon runs should proceed. Unlike the streams, the Edmonds Marsh did not conform to state standards. Students Saving Salmon hopes their data will be considered in current studies on ecological function and restoration planning for the Edmonds Marsh. Better fresh water circulation, increased native vegetation such as trees and shrubs, and year-round tidal influx of saltwater may help alleviate the problems found in the Marsh. The occurrence of carcinogenic pollutants that exceed state criteria is an area of concern that warrants further investigation. This year they will collect additional Edmonds City Council Approved Minutes July 17, 2018 Page 5 water and sediment samples with the funding provided by the Edmonds City Council and report the results next year. Fecal coliform analysis needs to continue to better understand exactly when and why the spikes in bacteria counts occur. Although bacterial DNA testing is expensive, it is plausible that determining the source of fecal coliform bacteria in higher count samples such as dog, birds, humans or other warm-blooded animals will be beneficial. The Shell Creek salmon stewardship project should continue because the outreach to residents and restoration efforts will benefit existing and future salmon that utilize Shell Creek. They plan to continue raising coho salmon with the Willow Creek Hatchery so that release of juvenile coho salmon into the upper reaches of Shell Creek can further bolster the resident population. They hope to pursue avenues such as grants to determine the feasibility and cost of restoration projects to remove salmon passage barriers in creeks. They also hope to reestablish coho salmon in other creeks in Edmonds. Continued outreach to the community on the importance of water quality and stream habitat is needed to help restore salmon populations in Puget Sound. Their participation in events such as the Watershed Fun Fair and the Waterfront Festival help to get the word out about their efforts and hopefully attract attention and citizens who are willing to help. Ava relayed their appreciation for the opportunity to work with the Tree Board to improve vegetation on creeks and hope to continue working with them. Getting the community involved in projects such as removing invasive plant species and planting native plants is also a critical part of their community outreach because it is a way for citizens to actively contribute. The community needs to work together to reduce or eliminate the use of pesticides and herbicides that can enter waterways and preventing pollutants from roadways and other sources from entering streams, especially from storm drains that flow directly into streams and the Marsh. Together we can make the environment better for everyone including the salmon. She displayed a list of individuals and organizations and relayed the Students Saving Salmon's thanks for their help. Without help from the community, grant funding and Council support, the Students Saving Salmon would not have been able to enjoy the rewarding experience to improve the environment. The salmon are also thankful. Councilmember Buckshnis commended the Students Saving Salmon. She asked whether their analysis had been correlated with the closure of the tidegate. Emily responded they monitor for salinity. Councilmember Buckshnis suggested the lack of saltwater flow into the Marsh when the tidegate is closed be considered in their analysis, noting there will be efforts to keep the gate open year-round. She commended the monitoring that illustrate pollutants from SR 104 and Harbor Square. She expressed support for providing funding to the Students Saving Salmon in 2019. Councilmember Teitzel referred to language on page 5 of the report regarding nitrates, "...nitrates generally increased during the periods that the tidegate was secured open allowing saltwater to enter the Marsh during high tides. High nitrate levels can cause algal blooms which can deplete dissolved oxygen levels in water thus impacting fish and other aquatic organisms." He had presumed daylighting Willow Creek would be a net positive to the environment, but this language suggests as the saltwater intrusion is increased, it could cause increased algae blooms and decrease dissolved oxygen, thus harming fish. Joe Scordino responded that is a valid observation. Puget Sound saltwater carries more nutrients than are currently seen in the freshwater environment in the Marsh. High nutrient levels and algae blooms is one of issues the Puget Sound Partnership is addressing and seeking the source. One of the reasons is lawn fertilizer; reducing fertilizer use would reduce that concern. Councilmember Teitzel referred to the waterfall near the intersection of 7" and Glen on Shell Creek. He supported installing a fish ladder to allow salmon to transverse the waterfall and reach the upstream habitat. He asked what the City could do to help achieve that. Mr. Scordino said the first major step is getting the property owner to agree to have their property modified. Although there was some initial interest in studying Edmonds City Council Approved Minutes July 17, 2018 Page 6 the feasibility of modifying the property where the waterfall is located, more recently the property owner has stopped talking to them. With the property owner agreement, they hope to obtain a grant to do a feasibility study of what would be required to remove the waterfall, install a fish ladder, etc. Councilmember Teitzel asked if the City could help with the property owner. Mr. Scordino answered possibly. Councilmember Fraley-Monillas referred to the egg hatchboxes that were unsuccessful due to the sandy creek bottom and asked where a better location for the boxes would be. Miriam answered they will try to place the boxes in an area where the bottom is gravellier. This year's location included a bit of a back pool where the water circulated the sediment. When placing the hatchbox, they also take into account human activity to avoid any interference with the box. Councilmember Johnson said the Students Saving Salmon have done an excellent job with the assistance of the advisors and she appreciated the work they have done over the past three years. She asked why they did not expand to include Perrinville Creek. Mr. Scordino answered that has been considered but it comes down to the amount of time the students have to be engaged. The students currently give up one weekend a month to do monitoring; although that does not seem like much, they are involved in an amazing amount of other activities. Councilmember Johnson suggested with the expected increase to 50 members, they consider expanding to include Perrinville Creek in the future. 6. AUDIENCE COMMENTS Roger Pence, Edmonds, said he passes the welcome sign daily and has noticed it looks neglected as a result of deferred maintenance. When he viewed the proposed new sign, he liked that it was larger and longer and positioned to improve visibility to both roads, but was disappointed in the look and feel of the sign; it did not reflect the warm and inviting atmosphere of downtown Edmonds. He learned the appearance of the sign the result of instructions to the designer to follow the wayfinding sign standards. He pointed out this is not a wayfinding sign; it is an arrival/destination sign that a motorist is entering downtown Edmonds so the wayfinding standards should not apply. The proposed sign would be more appropriate for a corporate office park and does not reflect the City of Edmonds. He suggested sending the design back; following a conversation with Frances Chapin, he was confident a better sign could be designed, one that was more appropriate to Edmonds. Joan Longstaff, Edmonds, referred to a stop light on Edmonds Way, commenting they used to be able to watch until the light on 95' Place turned red which meant the traffic traveling east on SR-104 also had a red light, but that has changed. As a result, she got in a T-bone accident, was hospitalized and suffered a traumatic brain injury. She requested the light on SR-104 be red for eastbound traffic when the light on 95th is red. Sharon Mayo, Edmonds, a resident of Westgate apartments, said the corner at 95' is very dangerous; cars travel very fast, making it difficult to turn right or left. Every morning and night when she turns into the apartments, she prays she will not get hit. The speed limit is 35 mph, but no one goes that speed. She recommended the light be changed so an accident like Ms. Longstaff s does not happen to someone else; her car was totaled, and she was lucky she was not killed She requested the City change the light so it is safer for the residents of the apartment complex. Bernadine Lee, Edmonds, agreed with Ms. Longstaff and Ms. Mayo, commenting she was a passenger in the car of a friend when they came close to being hit on the passenger side when entering the parking lot. She agreed something needs to be done. Carolynne Harris, Edmonds, recalled a meeting at the City Council and a meeting at Edmonds Lutheran regarding low income housing. The thing most people are afraid of is crime increasing if housing is constructed that school teachers, police officers and others can afford. She pointed out there has always Edmonds City Council Approved Minutes July 17, 2018 Page 7 been crime in Edmonds, recalling when they bought their house in Emerald Hills in 1974, one neighbor was in the Greek mafia and two others were in prison. The neighborhood had block watch which allowed her to get to know neighbors within three blocks. She recalled living by a rapist for 12 years and another man who was imprisoned for trying to kill his wife. She recalled Councilmember Fraley-Monillas commenting about crime on Highway 99 in Edmonds. She requested block watch be reestablished, perhaps funded from the opioid response fund because crime is usually due to drugs. Laura Johnson, Edmonds, co -lead for Moms Demand Action for Gun Sense in America, said like MADD that was established to reduce drunk driving, MDA was created to demand action from legislators to establish common sense gun reform. They support the 2"d Amendment but believe in and work for common sense solutions to decrease the escalating epidemic of gun violence that is killing too many children and loved ones. Her family has not had direct experience with gun violence; however, her kids have grown up surrounded by the threat of gun violence. Her eldest was born one year after the Columbine shootings and was in 9" grade when four freshmen students were shot and killed by a classmate at Marysville Pilchuck Highschool. Her daughter was an acquaintance of one of the victim so the reality of a school shooting no longer seemed like something that happened somewhere else. Her son was in I` grade when 20 first graders and 6 teachers were murdered at Sandy Hook Elementary. When she had the "I want you to hear it from me first" conversation with him after the recent Parkland shooting, she noticed he was sad but not surprised. They both realized he has never known a reality where school shootings were not a semi regular occurrence. At school her kids regularly participate in active shooter response drills, a program called ALICE, where students are taught to fight back by causing distraction with the goal of slowing a shooter from going to the next classroom. In many school shootings, the shooter is a fellow student who acquired the gun from home. Had the weapon been responsibly secured, they would not have had access to a firearm and the shooting could have been prevented. It is common sense that gun owners should be required to store their guns securely and prevent children from accessing them. She applauded Council President Nelson for bringing forward this common sense gun legislation that will save lives. It does not take away any rights, it simply requires those who choose to exercise their 2"d Amendment rights to do so responsibly. Carol Megenity, Edmonds, referred to the safe gun storage ordinance, commending Council President Nelson for bringing this important ordinance to the City. It seems intuitive that gun owners would store their guns safety, however, almost daily the news reports another tragedy that could have been prevented if the gun had been safely stored away from the child who shoots another child, the individual with depression who commits suicide, the person with dementia, rage, etc. When someone dies in such a tragic way, it affects the extended family for the rest of their lives. Like the seatbelt law or the no texting while driving law, people seem to need laws to remind of them of their responsibility to use common sense. This is an important move by the City in the right direction for gun safety and to reduce gun violence. This law will truly make a difference for quality of life in Edmonds. Emma Johnson, Edmonds, said kids are tired of being scared and adults not fixing things to protect them. This year, her U.S. Government class studied the Bill of Right including the 2"d Amendment which states, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." They also studied the Declaration of Independence and her unalienable rights to life, liberty and the pursuit of happiness. The way that some exercise their interpretation of the 2"d Amendment is infringing on, or completely ending, someone else's right to life, liberty and the pursuit of happiness. A right to own a gun should not be a right to irresponsibly store the gun, allowing a child to play with it and accidentally shoot, injure or kill themselves or another. A right to own a gun should not be right to store it unsecured and allow a depressed teen or young adult to find it and in a state of temporary desperation end their life. A right to own a gun should not be a right to store it irresponsibly and allow yet another teenage boy angry at a girl to go into a school and kill her and possibly other students. At 15, she has never know going to a school without active shooter drills. These drills are necessary because lawmakers have failed to protect students. There is enough to deal with as a teen and she should not have Edmonds City Council Approved Minutes July 17, 2018 Page 8 to go into a classroom and consider where she would hide, what she could throw to protect herself or where the nearest window is to escape. She urged the Council to vote in favor of the proposed ordinance. Tiffany Teasdale, Edmonds, owner of Lynnwood Gun, said she was on KIRO News today. She expressed concern with the type of locking device cited in ordinance and suggested the Council confer with the officers in the Street Crime unit about people breaking and entering into homes who steal guns and cut through the locks suggested in the ordinance. Criminals should be charged for stealing guns instead of making law abiding citizens criminals for trying to save their own lives. She understood and agreed with the goal of having guns locked for safety, but people may not have enough money to purchase a lock or safe. She questioned whether the City would provide a Liberty safe to every resident who owned a firearm. She preferred to have the fee imposed on a person committing a crime instead of the lawful gun owner. When two juveniles, both felons with ties to gang activity, stole a firearm from her store, one got 18 days and the other 52 weeks. When the one got out of jail after 18 days, he committed a strong-arm robbery and shot and almost killed the homeowner. Sandra Herman, Edmonds, said in 1982 before it was known the NRA was a front to launder money for political campaigns, she passed a hunter safety course and received a card that proved she had been indoctrinated to the most important part of gun ownership - safety. The class taught her how to recognize the parts of a gun, where the safety was located, how to load, hold, shoot and walk with it, never point it at anyone, how to unload it and how to safely store it. As a gun -smarts advocate, she reads tragic stories daily that remind her of the benefit of a hunter safety class. The problem is too many gun owners do not have the proud heritage of gun ownership in their backgrounds. In her childhood home the doors were unlocked and keys were stored under the vehicle's floor mat; the only thing that was locked up were the guns and ammo separately. Her home also included asbestos siding, knob and tube wiring and lead paint; she didn't have a helmet, seatbelts in the back of the pickup, or drunk driving laws. Society has come a long way. The way we think about keeping our families safe has changed on a variety of issues; when organizations like the NRA shirk their duty to educate gun owners, something must stand in the void that is left. When dangers such as secondhand smoke, the need for CO2 detectors, or updated building code were recognized, local governments have always been the source of changing culture. Sensible gun culture is badly needed. Trigger locks are incredibly inexpensive and readily available. Gun safes save lives and for those worried about the "armed boogey man" touted by the NRA, fingerprint handgun safes provide access at the touch of a button. The proposal will save lives by bringing back the fundamental basic tradition of gun culture - safety. Rosie Bailer, Edmonds, cited statists: last month at least 14 U.S. children and teens unintentionally shot themselves or someone else. On June 26 in Missouri, a 3 year old boy fatally shot himself; on June 231 in Louisiana, a 4 year old fatally shot himself, on June 23`d in Louisiana, a 3-year old boy shot himself in the arm; on June 121h in Tennessee, a 13 year old boy fatally shot his 12-year old sister; on June 6" in Kansas, a 7-year old boy shot his 5-year old sister in the arm; on June 5" in Kentucky, a 6-year old boy fatally shot himself; on June 5' in Arizona, a 13-year old boy fatally shot his 14-year old friend; on June 4th in Washington, a juvenile shot a 14-year old boy in the chest; on June 41 in Michigan, a 4 year old girl shot herself in the finger; on June 4" in Illinois, an 8-year old boy shot a 5-year old brother in the neck; on June 4' in Ohio, a 13-year old boy fatally shot his 2-year old relative; on June 3' in Alabama, a 16-year old boy shot himself in the wrist; on June 1" in Louisiana, a juvenile shot a 7-year old girl in the neck; on June 1st in Louisiana, a 6-year old boy shot himself. Shootings by children can be prevented with responsible gun storage. The Washington State Department of health reported 47% of the 1.8 million Washington State adults who have firearms in their homes stated they are stored unlocked; 876,000 people in Washington. When she was young, she rode in a laundry basket in the car, she never had a bike helmet and she dined in the smoking section of restaurants. Society no longer considers these things safe for their children; common sense legislation has changed culture and she was certain common-sense gun storage legislation can do the same for her grandchildren. A member of Moms Demand Action for Gun Sense in America and a registered voter, she is paying attention. Edmonds City Council Approved Minutes July 17, 2018 Page 9 Heather Damron, Edmonds, parent and co -lead of the Edmonds Mom Demand Action for Gun Sense in America, said gun violence is pervasive in America, an epidemic. People cry out when mass shootings occur and beg for those in charge to do something and sadly often see more calls for thoughts and prayers than actual action from elected officials. She was heartened Edmonds was making strides to curb gun violence, legitimate efforts to keep the community safe and she applauded the legislation brought forward by Council President Nelson. Safe storage is simple and effective; it is common sense that storing firearms securely locked, unloaded and separate from ammunition is an effective safeguard to keep guns out of the hands of people who should not have them. These simple steps reduce a child's ability to access guns and helps protect kids from suicide and accidental shootings. Responsible storage of firearms keeps guns out of the hands of children who may turn those guns on their peers in anger or frustration. Her first memory of a firearm was about the age of 7 when some 12-13 year -old boys at her church found a gun in one of their homes that they thought was unloaded and one boy was killed from a gunshot to the head. A life taken prematurely, and two broken families left in the wake of a completely preventable tragedy. Children and unsecured guns are a dangerous and all too often deadly mix. In the United States, 1.7 million children live in a household with at least one unlocked loaded gun and every year hundreds of kids gain access to one of these irresponsibly stored firearms and use it to unintentionally shoot themselves or someone else. In the past three months, three separate instances of gun violence have forever altered the lives of her loved ones. It is time to set parameters and define exactly what responsible gun ownership means for the health and safety of the community. She urged the Council to put the ordinance into effect and lead by example and action and not with thoughts and prayers. Sierra Johnson, Edmonds, said during training to be a counselor at a day camp this summer, their training included emergency drills such as active shooting drills. The camp is held in an open park and they were taught if there was an active shooter, to tell campers to scatter and run as fast and as far as they can. She plans to continue her studies in elementary education and recently came to terms with the fact that as a teacher she needed to be willing to risk her life for students, which she is. She accepts that it is the job of a teacher to both teach and protect kids, just as she expects elected representatives to do their job to pass legislation to protect the community. In school shootings, it is often a student that does the shooting and they often acquire the gun at home. This legislation simply requires those who choose to own a gun do so responsibly so a gun does not fall into the hands of a child and result in a preventable tragedy. She thanked Council President Nelson for introducing this common-sense gun legislation and she urged the Council to pass it. Mike McMurray, said a survey on My Edmonds News found 70% did not like the new sign. He referred to his emails to the City and appreciated Frances Chapin talking with him. He recommended having more public debate about the sign including input from local artists. The sign will be in place for the next 40 years and should be considered an opportunity to do better. He hoped the Council would allow the public to submit design alternatives which could save the City money. He suggested Councilmembers drive by the mural painted by Mack Bennett at 550 Main. Mack Bennett, Edmonds, said he has been painting signs for over 50 years. With the advent of vinyl and digital, a lot of the aesthetics of signs have been lost. He preferred to preserve the welcoming sign, whether by him or another artists, noting there has been a resurgence and interest in in hand work. He liked the existing sign in its present state, preferring the worn old sign to a vinyl or computer -generated sign. He hoped the City would consider a different design. He recalled reading an obituary about a man who had been a graphic designer and his son said everything he did was cut and paste, he never used computers. One of his jobs was designing Microsoft's first logo. Sharon Mayo, Edmonds, said it's difficult to walk through the sand at the dog park and requested an ADA path to a bench. Edmonds City Council Approved Minutes July 17, 2018 Page 10 Marjorie Fields, Edmonds, said the proposed new sign is not reflective of Edmonds' ambiance. She supports protecting children from gun violence and urged the Council to pass the legislation quickly as this is an urgent matter. Ross Demmick, Edmonds, referred to the ordinance regarding safe storage of firearms, and the qualitative/quantitative statements on the first page or the ordinance, requesting the source of the statements be made available to judge the potential efficacy of the ordinance. Section 5.24.070.D of the ordinance related to reporting of lost/stolen firearms refers to penalties if a lost or stolen firearm is used by a third party to injure or kill another, stating it is a negligent act on the part of the owner unless the theft is report and it was stored with an approved device and in a manner to render it inaccessible or unusable to any person other than the owner or other lawfully authorized user. He asked how that standard could be met if the gun was stolen and used in the commission of a crime. He referred to prima facie evidence of negligence in the ordinance and asked if that same prima facie extended to how the weapon was secured at the time of its theft. 7. STUDY/POTENTIAL ACTION ITEMS 1. GATEWAY SIGN REPLACEMENT SR 104 & 5TH AVE S Parks & Recreation Director Carrie Hite displayed photos of the proposed design, explaining this gateway sign has been in the CIP for the past two years and funding was included in 2018 to replace the sign. The Parks & Recreation Department is responsible for wayfinding signs and other non -regulatory signs such as park signs, interpretive signs, etc. Most of the City's signage is fabricated and created in the internal Public Works sign shop. This sign was planned to be fabricated by a sign company; some of the interpreted panels are also fabricated by a sign company because they weather better in the saltwater air. There have been some concerns raised this week about the gateway sign. Historically, people in Edmonds are passionate about signs; so passionate in fact that comments in 2006 about the hodgepodge of signs led to a public process and an appendix that was adopted in the Streetscape Plan specifically about signs, criteria, aesthetics and the need for consistency and efficiency in the design. The Parks Department followed up on those recommendations and developed a wayfinding sign program with design guidelines in 2008. That sign program is available on the City's website under Parks Department planning documents. She explained: • The wayfinding sign program includes design standards for directional signs, parks signs, public parking and other unique signage. o Goals • Develop design parameters to provide a consistent look to City signage to assist visitors and residents in wayfinding; ■ Create design standards that can be replicated by the City Public Works sign shop; • Create affordable and easily maintained signs; • Reflect elements of City design already in use such as the wave pattern and the color blue) and identify key locations. o Review: design process in 2008 included presentation for discussion at DEMA meetings, Arts Commission and Planning Board o Importance of implementation of the wayfinding sign program referenced in the 2013 Strategic Plan and the 2014 Cultural and PROS Plans. • Over the past several years the Parks Department has used these guidelines for the implementation for new signage — for example, large directional signs downtown and in the Westgate District • Gateway signs o The 2006 Streetscape Plan also identified gateways to the City, including Five Corners, SR 99, SR 104 & Main at the ferry, and SR 104 & 5th Ave S. Edmonds City Council Approved Minutes July 17, 2018 Page 11 o The SR 104 & 5th Ave S. sign, originally installed in the late 1970's early 80's, was identified for replacement in the 2016 CIP with a $40,000 budget for design, fabrication and installation. o Location — WSDOT right of way — primary function is as a highway sign for SR 104 in an area where traffic is moving fast, 30 — 40 mph. o Goal to meet WSDOT requirements, but also be consistent with existing City sign program. o City paid WSDOT to review the City's sign standard and criteria in order to locate a sign on WSDOT property Arts & Culture Program Manager Frances Chapin displayed a photograph of the proposed sign superimposed on the site and explained because the Parks Department wanted a more inclusive approach for this sign and to provide a broader perspective, staff developed a process that included representatives from the Planning Board, the Arts Commission and the Economic Development as well as Parks and Economic Development staff. The committee and the designer were tasked with taking into consideration many things including the functional requirements of the site on a major highway right-of-way, keeping in mind the purpose of the sign as perceived by WSDOT is an entry to downtown Edmonds that is visible from both roadways westbound. The committee and designer were also tasked with working with a creative esthetic related to the existing wayfinding signs and sense of continuity as well as a way to tell a story for Edmonds. WSDOT's guidelines regarding size of the marker, size of the message area, potential for traffic distraction, safety, security, visibility, scale and context compatibility with the landscape and land use in that area were shared with the committee. Ms. Chapin displayed the preliminary concepts that the committee reviewed in 2017, explaining they quickly chose a preferred concept that had appealing elements such as a softer shape and the sign being on posts which reference the waterfront landscape. The committee then discussed the form, the base, the materials, visibility from both roadways and the overall setting and the designer further refined the design. The design was developed in conjunction with adjusting the location of the foundation and the landscaping to optimize visibility from both roadways and to ensure compatibility with the site. WSDOT did not want a massive concrete foundation that an out -of -control car could strike so the foundation was designed with posts set into an underground foundation with rusted Corten steel panels provide a wavelike curve that is set into the landscaping. Corten steel was also used in the Five Corners roundabout landscaping and the sculpture, referencing the waterfront, the railway, and other aspects of early Edmonds. Another important issue to WSDOT was visibility. WSDOT wanted the sign to face westbound traffic on SR 104, and for the sign to be clearly visible to vehicles traveling to the waterfront was well as to vehicles on 5th Avenue. The size and simplicity of the lettering was a concern to WSDOT, ensuring it was readily visible. There is no electricity to the site so consideration was given to solar lighting. She displayed an image of the sign at light, lit with solar LEDs. The sign form has a wavelike curve or could be interpreted to mimic the horizon and the lighting provides a glow along that horizon. The sign is constructed using two panels, a larger panel in the back and a smaller offset panel in front with lighting behind. The architectural 3D letterforms make the sign highly visible during the day and incorporating lighting will make the sign visible at night. The word "Downtown" is laser cut through the metal that allows back lighting. The two panels and the architectural letters provide more dimensionality to the sign, it is not a flat panel. WSDOT was also concerned with safety and security due to traffic speeds in that area. There is no pedestrian access to the site. The minimum clear zone is 10 feet so the sign foundation was moved 5 feet east and moved forward about 10 feet which provided more space and a larger, more graceful, bermed landscaping and improved readability from both roadways. Ms. Chapin summarized the committee was tasked with addressing the functional requirements of the site as well as reflect the natural beauty of the area including the Edmonds landscaping, shoreline and the sky which led to this sign as the recommended design proposal. Edmonds City Council Approved Minutes July 17, 2018 Page 12 Council President Nelson did not think a state agency should tell the City what the sign should look like. If the sign needed to be move to location where the City can control the design, it should be moved. Further, for $40,000, the sign should be able to do much more such include cameras that track vehicles looking for stolen cars, high frequency emitters to warn animals not to cross the roadway, Wi-Fi maps for tourists, etc. He recommended the cost of the sign and the landscaping be reduced. Although there was good representation from boards and commissions on the committee, it was still a small group and it's apparent more citizen involvement is needed. He recognized it is always a challenge when citizens do not hear about a project until the end. He preferred to redesign the sign with more public input. Councilmember Buckshnis recalled the lengthy process for the Five Corners art installation. She did not think the proposed sign looked like a wave or the horizon. She agreed with Council President Nelson that it was unfortunate citizens were not included in developing the design. Overall she did not mind minimalistic aspect of the sign but did not feel it reflected a wave. Councilmember Tibbott relayed his understanding the sign would utilize solar panels, a low-cost way to light the sign and create an entry to the City. He liked the proposed design and asked how the sign differed from public art. Ms. Chapin said this is it is a sign, not public art. A different, more extensive process and funding is used for public art such as at the Five Corners roundabout. Councilmember Tibbott asked whether the process for public art would be more extensive than for a directional sign. Ms. Chapin answered it would be. Councilmember Tibbott noticed the sign was consistent with other signage in the City and he appreciated references to the Five Corners roundabout. He asked whether downtown merchants were part of the review process for this gateway sign. Ms. Chapin answered they were not specifically involved but had had many opportunities to comment during the wayfinding sign process in 2008. This sign includes elements of the wayfinding sign standards; the committee was tasked with finding consistency with the wayfinding sign program, but not to do something exactly like the wayfinding signs. Councilmember Tibbott said he has done work involving monument signs in the Puget Sound area and was amazed a sign of this quality, landscaping, etc. could be done for $40,000. He has seen much smaller signs in that price range. He was surprised at the number of WSDOT requirement the sign had to comply with, noting none of them were artistic standards, they were related to safety, visibility, how motorist receive information, etc. He expressed support for the proposed design. He asked what sign existed before 1980. Ms. Chapin recalled Councilmember Johnson mentioning the connection to SR 104 was done in the late 1970s and the sign was installed at that time. She asked the museum to research and they were not able to find anything related to that site. Councilmember Tibbott observed this would be the second sign at that location. If a group was interested in restoring the sign and placing it in the museum, a business or other location where people take pictures with it, that would be an option to preserve nostalgia of sign and allow people to enjoy it versus seeing it driving by at 40 mph. Councilmember Teitzel commented this is change and change is hard. He was used to the old sign and it takes time to get used to it. He found it unfortunate the sign was not conveyed in 3D with the sea grass landscaping, backlighting, etc. He liked the sign and appreciated the work and input from the community. He has paid attention to the public input in local news publications and understood there was a lot of concern, some of which he felt may be due to the difficulty discerning the design scope from the photographs. With regard to the cost, the sign could be in place for the next 40-60 year, $40,000 for design, fabrication, installation and landscaping does not seem out of line. Councilmember Fraley-Monillas said there was no sign in this location prior to the installation of the existing sign. She noted the proposed sign says "Downtown Edmonds" not "Welcome to Edmonds" like the existing sign which has an Edmonds sort of feel. She questioned why the sign was not being replaced Edmonds City Council Approved Minutes July 17, 2018 Page 13 with another wooden sign with lighting. She couldn't remember another time when there had been so much public outcry about a sign, commenting perhaps there should have been public hearing. This sign is not a wayfinding sign, it is a welcome to Edmonds sign and the new sign does not give her a welcoming feeling. Councilmember Fraley-Monillas said as long as the sign meets WSDOT's requirements, it could be any design and does not need to be this modern feeling. The sign reminded her of the Five Corners roundabout but not of any other area of Edmonds. She favored having more public input, noting the committee was not representative of the 40,000 people in Edmonds; the Council is. She favored proceeding slowly, anticipating a less expensive sign could be achieved by replacing the old sign in a manner that meets WSDOT's requirements. Of all the comments she has received, only 2-3 said they like the new sign, the rest do not. Councilmember Mesaros said he has worked in large institutions during his career and has been involved in several signage projects, particularly monument signs that tell the public they have arrived at a location. He found the $40,000 budget well within what it takes to accomplish that. He asked whether the current sign would meet WSDOT requirements. Ms. Chapin answered not if it were changed. Councilmember Mesaros observed there was no lighting on the current sign due to the lack of electricity. He asked whether the deterioration of the current sign was driving this process to update the sign to match other sign standards. Ms. Chapin answered the sign is deteriorating. Councilmember Mesaros asked how long the current sign would last. Ms. Chapin was uncertain; Councilmember Mesaros recognized something needed to be done at some point. He agreed with Councilmember Fraley-Monillas that an opportunity for public input separate from a City Council meeting where there could be interaction and conversation followed by a recommendation from staff. He found the amount of input from citizens interesting and wished there was more input about other important issues the Council considers. He encouraged staff to seek additional public input and to consider various options. With regard to the gateway signs, due to this sign's location, it needs to be welcoming and doesn't have to exactly match other City signs. Councilmember Johnson commented the existing sign had been in place 50 years and replaced once. She was surprised so many people love the existing sign. The proposed sign is intended to be complimentary to the wayfinding signs. Five areas have been identified to have gateway signs and she preferred to take another look at the gateway sign program installation as authorization for the new sign did not need to be happen tonight or perhaps even this year. If 1000 people say they do not like the sign, that is instruction to the Council to take a second look. She was confident staff has heard from the public and the City Council and will return with a recommendation. Ms. Hite summarized staff will be happy to add more citizens to the committee, develop more designs and return to City Council. Councilmember Tibbott shared the interest in getting more public input. He did not see this as the gateway sign to Edmonds; the City has grown since the 1980s and there are 5 areas where gateway signs could be installed. He suggested the public process include input on the other four locations and potentially some consistency. Councilmember Fraley-Monillas agreed with Councilmember Johnson with regard to consistency in all the gateway/entrance signs. She suggested instead of adding people to the committee that staff hold an open house. Councilmember Teitzel referred to prominent aspects on the old sign, the wooden piling in the foreground and the ferry in the background and suggested integrating a stylized ferry and piling in the new design. He recalled the artwork at Five Corners evokes pilings. Edmonds City Council Approved Minutes July 17, 2018 Page 14 Councilmember Johnson commented one of most important visual cues on the existing sign is the word "Welcome." Mayor Earling said he was interested and amused by the discussion. He is a member of the Sound Transit Board which is involved with major art installations at all the stations. The Sound Transit Board is comprised of 18 people and most of the comments as they adjudicate proposed art pieces start with "I don't know anything about art, but..." and then go into design advice. He acknowledged this is a Council decision but there is a lot of similarity between a sign and art. Mayor Earling declared a brief recess. 2. PRESENTATION OF EDC MEMO ON POTENTIAL USE AND LOCATION OF CIVIC FACILITIES Economic Development/Community Services Director Patrick Doherty explained as with previous occasions when the Economic Development Commission (EDC) has discussed an issue and forwarded it to Council, this is a presentation of their memo. No decision or action is sought tonight, only direction whether to have this matter proceed to a committee for further discussion and consideration. EDC Member Matt Waldron explained this issue arose when the City acquired civic field and the designs for civic field came to the EDC for comment. During those discussions, the EDC considered what the immediately adjacent neighborhood would look like including the Public Safety Complex, the Police Department and City Hall. The EDC also discussed the best use for the City Hall and whether the Police Department was in the best location. As the EDC was learning about Highway 99, commissioners discussed the potential for a non-profit development to serve as a catalyst for other development. A subgroup considered all these concepts and a key topic was what is the best use of civic facilities in this neighborhood. He recalled Commissioner Aseem Prakash mentioning a development such as City Hall or the Police Department on Highway 99 would be the City's way of showing support for that area's evolution and progression, showing good faith and encouraging an area like Highway 99 to develop. The EDC wanted to determine early if this was an immediately impossible idea, so the subgroup met with one Councilmember to solicit feedback as well as with Councilmember Tibbott, the Council liaison to the EDC. The subgroup also met with the Police Chief about moving the Police Department who acknowledged both challenges and advantages. The EDC recognized it did not have tools or authority to recommend anything be moved/done without careful study. The EDC's agreed its deliverable to the City Council would be the list of considerations in the EDC's memo that include disruption, cost, opportunity, consistency with development of Civic Field, etc. The EDC recognized a real estate analysis would be required to determine feasibility in both neighborhoods, the current location and Highway 99. The EDC supports the City Council moving forward with discussion on this topic. Mr. Doherty reiterated the presentation of the memo was to share an idea with the Council; if the Council was interested, it could be referred to a committee for further discussion. Councilmember Fraley-Monillas inquired what is the EDC piece to this concept, whether it was develop City Hall and the Public Safety Complex into other uses. She noted if City Hall or the Public Safety Complex were moved, and she asked if the EDC piece was the construction of new buildings on Highway 99. Mr. Doherty answered there were two issues, 1) are the current properties and/or buildings providing the best activation and economic vitality to the downtown neighborhood especially as downtown is stretched to Civic Park, and 2) related to the Highway 99 Plan, a City or other entity is a great catalyst to providing activation and activity via the infusion of investment and employees which can be a signal to Edmonds City Council Approved Minutes July 17, 2018 Page 15 private developers, property owners and investors to follow suit. Councilmember Fraley-Monillas commented there are plenty of buildings on Highway 99 with plenty of staff; the hospital is the biggest. Councilmember Fraley-Monillas asked what use has been discussed for City Hall. Mr. Doherty said the EDC did not do an in-depth study. The question was whether City Hall was the highest and best use from an economic vitality perspective with the location on the north edge of downtown and whether there could be other uses for the properties such as commercial, residential, mixed use, hotel, offices, etc. Councilmember Fraley-Monillas said she did not see economic vitality in City Hall. She was curious about moving the Police Department to Highway 99 which would be closer to the work they do; however, a new building could cost $30-40 million. Councilmember Buckshnis had no interest in pursuing this and wished the EDC would work on ways to bring in tourism and visitors to the City. She has visited many cities throughout the world and City Hall is never on the outskirts; it is always in the center of town. She did not like the City Hall building, thought it was one of the ugliest buildings she has ever seen and was not aware how City Hall was moved to that building instead of a building like Bellevue or Kirkland's City Hall. She anticipated the citizens would rebel if the City Hall were moved to Highway 99 because many residents visit the second floor. Mayor Earling provided the history, explaining when he was active in the Chamber, City Hall was in two ramblers. It was decided a new City Hall building needed to be built or purchased. The owners of the building where City Hall is located decided to sell. When the numbers were run, moving to the existing building saved approximately $1 million versus constructing a new building. Councilmember Mesaros said he was the Councilmember who met with the subgroup. He found the idea interesting because he saw the value of economic development of a government or not -for -profit entity locating to an area and spurring further development. The City is fortunate to have a big not -for -profit entity, Swedish Edmonds, on Highway 99 which has spurred a lot of development. However, that development is not occurring south of 228'. He found it an interesting idea to create a study to consider the potential real estate and impact of that investment. Councilmember Mesaros said he has personally been involved in two projects in San Diego, the initial Kroc Center, an investment of $40 million in eastern San Diego that spurred development and transformed that neighborhood, and the Balboa Theater in downtown San Diego. He pointed out the various museums in downtown Tacoma have spurred a lot of development in an area where no one wanted to invest. More recently he was involved in a project in Augusta, Georgia where an abandoned theater reopened, an investment of $28 million of not -for -profit funds. He summarized opportunities abound around the country, but it is unknown whether this is an opportunity for Edmonds. On reflection, he said the opportunity was more for the Police Department than for City Hall. There are multiple options including selling the Public Safety property and reinvesting the funds in a new Police Department on Highway 99, moving City Hall to the Public Safety Complex and building a new Police Department on Highway 99, etc. Councilmember Teitzel applauded the EDC for thinking outside the box. He has heard criticism that the City is very bowl -centric and he could see benefits from the public's standpoint and from the growth stimulation standpoint of moving investment away from the bowl to the Highway 99 corridor. He recommended this idea not be dismissed as it warranted additional investigation. Council President Nelson said although it was an interesting idea, it should not go any further as clearly moving staff and building new buildings would cost a significant amount. He questioned the interest in constantly monkeying with the downtown. Highway 99 needs to be revitalized and the City has done a lot to facilitate that. He did not think moving governmental building would create economic development. He did not support funding a study. Edmonds City Council Approved Minutes July 17, 2018 Page 16 Councilmember Tibbott asked what a study would cost. Mr. Doherty answered that had not been researched; if the Council was interested, staff could do further investigation. He anticipated the general scope would be to look at the value and potential uses of the downtown properties and potential cost scenarios. Councilmember Tibbott asked if that could be done in-house. Mr. Doherty answered if the Council was interested in discussing this further and wanted cost estimates for a study, staff would talk to 3-4 firms who do that work and discuss it further in a committee meeting. Councilmember Tibbott asked whether Highway 99 needed a catalyst, noting there seemed to be quite a lot of interest from developers particularly in residential on Highway 99. Mr. Doherty agreed there has been some interest, but he was not confident the southern half of the corridor would see redevelopment soon. Councilmember Tibbott relayed his support for staff developing cost estimates and refining the scope. He recognized a lot of people visit City Hall, but for the Police Department and the Court, public transportation is much- better on Highway 99. He did not support a large study. Councilmember Fraley-Monillas commented the southern portion of Highway 99 is covered with hotels and until one of those sells, not much development will occur in that area. Although she has heard and read this is economic development, moving City functions to Highway 99 would detract from the economic development in downtown and she was unsure it would spur development activity on Highway 99. She would like to see more development on Highway 99 and wished the EDC would develop a magic wand to do that. Without more information, she did not support moving buildings around without a tangible reason. Mayor Earling suggested staff survey major realtors and get a ballpark on some of the issues and return to City Council. Councilmember Johnson said if the City Hall and Police Department were moved to Highway 99, the City would not collect property tax or sales tax, one of the City's number one economic drivers. She suggested the EDC take a closer look at the City's strategic plan with regard to economic development, noting it is nearly time to update the strategic plan. 3. SAFE STORAGE OF FIREARMS DISCUSSION Council President Nelson thanked the citizens who contacted him and other Councilmembers as well as those who spoke during Audience Comments both for and against and expressing their concerns. He takes all those comments to heart and if things need to be clarified or amended, he was happy to do it. He would rather debate signs and the location of City buildings and not have to talk about firearms. He never thought when he became a Councilmember that that would be something he would be doing but he also never thought he would hear his 6-year old, beaming with pride, say he now knows how to properly barricade himself from an armed gunman. There is something wrong with society when kids have to be trained to respond to a gunman coming into their school. Action is clearly not occurring at the state or federal level and the reliance is now on citizen initiatives. Council President Nelson relayed finding of a survey by the University of Washington Department of Public Health of 35,000 household, the most comprehensive study done in the last 10 years, that found only 6 % of the 36% of gun owners surveyed kept their firearms locked, the remainder kept their firearms unlocked. Everyone knows how easy it is for children to access firearms and study after study and body count after body count finds not locking up firearms results in accidental child deaths, increased risk of child suicide and provide criminals easy access to guns. He recognized locks cannot do everything; this law is written to provide options for citizens. His focus is protecting kids. He recognized the key part of safe storage was to educate people to lock up their firearms and if not, they will be fined, a civil infraction, up to $500. If a child or other prohibited person has access to a firearm that was not secured, the owner could be fined up to $1000. If that child or prohibited person hurts someone or themselves with an unsecured gun, the owner Edmonds City Council Approved Minutes July 17, 2018 Page 17 can be fined up to $10,000. The ordinance allows for hearings, appeals, mitigating factors, etc. The ordinance would be effective 180 days from passage to allow for education regarding the importance of locking up firearms. Council President Nelson introduced Snohomish County Health District Administrator Jeff Ketchel to describe the District's Lock It Up Program. Mr. Ketchel said he was here at the request of Council President Nelson and Councilmember Fraley-Monillas to discuss data and outreach related to firearms. The Board of Health of the Snohomish Health District has not taken a position on the proposed ordinance and he did not want his comments or presence to be construed as support or opposition to the ordinance but rather as the City's public health agency, providing public health information. Storing firearms unlocked and unloaded with the ammunition locked separately can reduce the risk of injuries and deaths involving children and teens as well as prevent firearm thefts. In 2016, according the Behavioral Risk Factor Surveillance System, an annual telephone survey in the U.S., approximately 1/3 of Snohomish County adults reported firearms in or around their homes. Among these adults, 1/3 reported the firearm was loaded, and 1/2 of those individuals indicated the loaded firearm was not locked up; 6% of all homes in Snohomish County have an unlocked and firearm inside. A study printed in the Annals of Internal Medicine reported that adolescents with access to firearms are 2.6 times more likely to die by suicide than adolescents without access to firearms. Between 2014 and 2016, 15 youth died by suicide in Snohomish County, 8 of the 15 used a firearm. There were 6 suspensions and 3 expulsions in school districts located in Snohomish County during the 2015-2016 involving a firearm on school premises, transportation system or school facility. In the 2016 Health Youth Survey, a survey given to all 6`h, 8th, IOth, and 12th graders in Washington State every 2 years, 4% of Snohomish County IOth and 12" graders reported carrying a gun to school on at least one occasion during the previous 30 days. In response to statistics such as these, the Snohomish Health District has long supported a Lock It Up program, a voluntary initiative urging the safe storage of firearms. The program works with police departments and gun retailers to provide education about safe gun storage and locking devices at the point of purchase or when containing a concealed pistol license. The Health District is happy to work with the City of Edmonds on outreach and education regarding the Lock It Up program and the safe storage of firearms. Councilmember Tibbott said he not see anything in the ordinance about a gun being transported. Council President Nelson answered the requirement to have the firearm locked would apply whether the firearm is at home or in an unattended vehicle. That would not apply if the firearm is on the person of someone who has a concealed weapons permit. Councilmember Tibbott clarified locked storage is required in a home or during transport. Councilmember Tibbott asked if heirloom guns that have been disabled such as the trigger removed or not usable would be considered locked. Council President Nelson read from the ordinance, "properly engaged so as to render such weapon inaccessible or unusable to any person other than the owner or other lawfully authorized user," clarifying if the gun is unusable or missing a part, that would be sufficient. Councilmember Teitzel commented over 30 years ago his younger brother got access to his father's loaded, unsecured firearm and committed suicide. He liked to think his brother would still be alive if that gun had been properly secured. He was supportive of common sense safe gun storage. He noted I-1639 has gathered sufficient signatures to be on the on ballot in November. Section 5 of I-1639 contains provisions similar to the proposed ordinance. Mr. Taraday agreed there were similarities but Section 5 states nothing in the section mandates how or where a firearm must be stored. Assuming the proposed ordinance and I-1639 passes, Councilmember Teitzel asked whether I-1639 would supersede Edmonds' ordinance. Mr. Taraday said the passage of I-1639 may make certain aspects of the Edmonds ordinance unnecessary to the extent that they overlap. The ordinances do similar things, but they are not identical. The ordinance requiring Edmonds City Council Approved Minutes July 17, 2018 Page 18 reporting of lost and stolen firearms is also touched on in the initiative but it is addressed as an affirmative defense so it is somewhat different. Councilmember Teitzel referred to Section 5.2.A of I-1639 which states, "Community endangerment due to unsafe storage of a firearm in the first degree is a class C felony punishable according to chapter 9A.20 RCW." In the Edmonds ordinance, such an infraction is a civil infraction. He asked whether state law would supersede Edmonds law in that instance. Mr. Taraday responded it was difficult make a direct comparison; I-1639 also identifies community endangerment in the second degree as a gross misdemeanor. Councilmember Teitzel asked if I-1639 and the ordinance pass, could both could continue to exist and the state law would not supersede Edmonds' ordinance. Mr. Taraday answered that was true in general. Council President Nelson said the deciding factor for him was the initiative was brought by citizens and nothing was being done by elected officials; people are asking elected officials to take action. He was unsure the initiative would pass and did not want to assume or wait until it passed if that meant in the meantime one child's life could be saved by not having access to a firearm. The main distinction is Edmonds' ordinance includes civil penalties and the initiative has criminal penalties. Councilmember Fraley-Monillas thanked Council President Nelson for moving forward with this ordinance, recalling every time a shooting occurs, Councilmembers react, urging something be done. Seattle passed an ordinance and last night the Mukilteo City Council passed a gun safety resolution. She read from the resolution, "Now therefore, be resolved that the Mukilteo City Council supports the following legislative and community actions: Universal background checks for all gun sales; [a number of] state-wide efforts; training for all public employees, school personnel, and volunteers in Adverse Childhood Experiences, trauma informed care perspectives and de-escalation dynamics; additional School Resource Officers in schools focusing on building relationships with students; additional mental health counselors in schools; opposing the arms of school staff and personnel; community forums and events to raise awareness about gun safety, mental health support and intervention, suicide prevention, and emergency preparedness; legislation requiring all guns in homes to be secured with significant consequences for failure to do so; improvements in mental health access, diagnosis and treatment; continuing distribution of free gun locks to Mukilteo residents and others at community events; and beginning a gun buy-back program in Mukilteo." She encouraged Councilmembers to pass the ordinances regarding safe storage and reporting lost and stolen firearms. Councilmember Buckshnis expressed support for the two ordinances, suggesting Edmonds adopt a resolution similar to Mukilteo's, a Resolution to Support a Holistic Approach to Ending Gun Violence. She agreed with Mr. Demmick and suggested using the statistics provided by Mr. Ketchel in the ordinance whereas clauses. - Councilmember Mesaros was supportive of the ordinances and looked forwarded to voting on it once the details were finalized. With regard to Councilmember Teitzel's concerns about I-1639, he agreed with Council President Nelson on moving forward with the City's ordinances and if any conflicts are encountered, adjustments could be made. He asked if there was anything restricting the City from pursuing criminal penalties. Mr. Taraday answered he would need to think about more about that; the City needs to be careful not to do anything that conflicts with state law. He has not evaluated that question because the ordinance did not include criminal penalties. Councilmember Mesaros said to someone who lost a child due to someone's negligence in not securing their arms and they were only fined, that would not seem to value the life of that child. He requested Mr. Taraday research criminal penalties. Councilmember Mesaros asked the City's limits as a municipality compared to what is available to the state and federal governments. He wanted to do the maximum to stop this problem from continuing to happen. Mr. Taraday answered that was an interesting question; there is a preemption statute that prevents the City Edmonds City Council Approved Minutes July 17, 2018 Page 19 from adopting certain types of regulations that address firearms. The Seattle ordinance has many similarities to the proposed ordinance; a commenter on the Seattle ordinance said it would inevitably end up in court. In light of that possibility, there were certain aspects that he would prefer to discuss with the Council in executive session. Councilmember Fraley-Monillas asked what Council President Nelson was seeking. Council President Nelson answered he was introducing the ordinances, gauging the Council's interest and seeking input on any additions/changes. No action is requested tonight but he will bring it back at a future meeting, potentially as early as July 24. Councilmember Mesaros requested the option of criminal penalties as well as civil penalties be explored. Council President Nelson agreed he wanted to have the strongest possible laws. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO EXTEND THE MEETING UNTIL 10:15 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Johnson requested Mr. Taraday comment on the email sent to the Council by David Slim regarding RCW 9.41.290. Mr. Taraday said given the likelihood this ordinance has to draw litigation, he preferred to discuss that issue in executive session. Councilmember Johnson believed everyone wants to keep the community safer for children. It is very difficult to hear about school shootings, and she was surprised to hear students live in fear. When she was a child, there were drills where students went under their desk in the event of a nuclear weapon discharge. She looked forward to having the ordinance come back to the Council. She suggested the Council start with a resolution of intent and move on to an ordinance. Mayor Earling said the resolution described tonight as well as the ordinances proposed by Council President Nelson are important for the Council to consider. He was convinced all the problems could not be solved in one fell swoop, but continued efforts will fill the gaps. He is a member of the National Mayors Opposed to Illegal Guns and it is small things like this that will make a difference. 8. COUNCIL COMMITTEE REPORTS COUNCIL COMMITTEE REPORTS AND MINUTES Finance Committee Councilmember Teitzel reported among other topics which are reflected in the minutes, the committee discussed the Second Quarter 2018 Budget Amendment which includes the addition of a Public Works Senior Accountant/Analyst and reducing the Finance Department Senior accountant by 50%. He recalled bringing these two items forward was a disjointed process that warrants further discussion. Councilmember Buckshnis and he plan to meet with Mayor Earling, Mr. Williams and Mr. James to develop an alternative approach to the two positions and bring it back for full Council consideration. Parks & Public Works Committee Councilmember Tibbott highlighted Item 8 on the committee's agenda, Funding of Walkway Projects. The committee was provided a detailed approach to building walkways in the City via hiring a concrete crew and the outcome would be building a mile of new walkways every year. The next step will be for Public Works Director to develop a decision package for consideration during the budget review process. He offered to distribute the plan to Councilmembers for review prior to the budget process. 9. MAYOR'S COMMENTS Edmonds City Council Approved Minutes July 17, 2018 Page 20 Mayor Earling reported Mr. Williams, Chief Compaan and Mr. Hauss met with residents about issues on Pine Street. Staff provided a great deal of factual information and will determine if anything can be done. 10. COUNCIL COMMENTS Councilmember Tibbott reported he also attended the Pine Street meeting; in addition to the data Mr. Williams presented, data was provided by the neighborhood. Much of the data was anecdotal and concern was expressed regarding several areas, especially children getting on/off buses in the dark. This is another reason for a walkway program so Public Works can respond more rapidly respond to these issues. He will be on vacation next week. Councilmember Buckshnis thanked Edmonds in Bloom and Tree Board volunteers and families who hosted their gardens for the garden tour. The tours were spectacular, approximately 450 tickets were sold. She will be on vacation next week. Councilmember Teitzel thanked citizens who weighed in on safe gun storage, commenting it was very important that kids are kept safe. He thanked Council President Nelson for his work on those ordinances. On Sunday, he had the pleasure of introducing the Cliff Perry Band at the first concert in the park at City Park. A large crowd enjoyed the beautiful day and the bluegrass music. Councilmember Mesaros relayed he will participate in his first sprint triathlon this Sunday. Councilmember Johnson appreciated the opportunity to participate by phone. She was surprised to read about the press conference regarding the safe gun storage idea in My Edmonds News and understood there was a second press conference tonight prior to the City Council meeting. She reminded that although the Council is comprised of seven individuals, they work as a team. Many years ago, a professional taught the Council how to work together; one of the key components was no surprises. She commented it was a bit of a showboat to take a highly controversial issue like gun safety and not give the City Council a heads up. She was personally offended with process. 11. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 12. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 13. ADJOURN With no further business, the Council meeting was adjourned at 10:15 p.m. a DAVID O. EARLING, MAW SCO PASSEY, CITY C Edmonds City Council Approved Minutes July 17, 2018 Page 21