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20181023 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES October 23, 2018 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Michael Nelson, Council President Kristiana Johnson, Councilmember Thomas Mesaros, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember (by phone) 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Linda Coburn, Municipal Court Judge Sharon Whittaker, Court Administrator 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 Rob Chave, Planning Manager Rob English, City Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk Nicholas Falk, Deputy City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:02 p.m. by Mayor Earling in the Council Chambers, 250 5' 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. Recognition of Sarah Brinkle Mayor Earling explained there was a fire a couple weeks ago at the Carmel Condominiums. In addition to South Snohomish County Fire, three City employees assisted residents, Officers Sutton and Machado and Sarah Brinkley, a custodian at the Frances Anderson Center. When the fire alarm went off, after checking that it was not the alarm at the Frances Anderson Center and upon seeing smoke coming from the Carmel Ms. Brinkley helped residents evacuate from the building. After confirming all the units had been vacated, a decision was made to unlock the upper floor of the library and move the people stranded outside into that space as well as open the restrooms. Mayor Earling acknowledged Ms. Brinkley for her initiative and her great work. 3. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS Edmonds City Council Approved Minutes October 23, 2018 Page 1 COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF OCTOBER 16, 2018 2. APPROVAL OF COUNCIL MEETING MINUTES OF OCTOBER 16, 2018 3. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS. 5. PRESENTATIONS 1. YOUTH COMMISSION RECOMMENDATIONS Parks & Recreation Director Carrie Hite recalled in June 2018, the City Council passed an ordinance to form a youth commission. This summer, when she and Council President Nelson met with the youth who spearheaded this effort, it became apparent it would be almost impossible to have work groups over the summer and the work groups were delayed to late September to accommodate the youths' school schedules. She met with several youth in the community to review the ordinance and discuss the formation of the youth commission and they developed several recommendations. The ordinance in the packet is based on their recommendations. Once the ordinance is adopted, she and staff will begin a recruitment/application process in November and have the commission seated in December so members have the opportunity to participate before school ends in 2019. Stephany Janssen highlighted the recommendations: • Age Limits o Incoming high school freshman to senior year students who reside in Edmonds, will be able to participate in the youth commission o At the end of the year the current students seated on the youth commission will reach out to middle schools to encourage rising 9" graders to participate • Diversity o Include language to encourage geographic and diversity representation 8. Recruitment of new Commissioners. New commissioners shall be recruited in May of each year for positions whose terms will be ending that year. Recruiting efforts should be structured to encourage candidates to apply from a wide range of backgrounds, perspectives, schools and neighborhoods. In June of each year, appointments shall be made from the body of applicants to positions whose terms are expiring. There shall be no term limits. So, existing commissioners may apply for reappointments. Kaleb Nichols reviewed: • Terms o Staggered beginning appointment • Four new members will be appointed from December 2018 — June 2019 • Five new members will be appointed from December 2018 — June 2020 it All members will be reappointed in 2020 o After 2020 all terms will be extended one year until possible reappointment in June All applications will be submitted in May, and appointments in June with the exception of the first commission o There will be no term limits Meetings 0 1St and 3`d Wed of the month from 6-7:30 o Location: Frances Anderson Center Edmonds City Council Approved Minutes October 23, 2018 Page 2 With regard to making appointments in June, Ms. Hite explained the youth she met with discussed the best time to appoint commissioners. It was thought if appointments were sought in September, it was unlikely a great deal of recruitment could be done because students are committing to other things. The youth thought it would be better to recruit before school is out, try to identify a day in the summer for a work group/retreat, and begin the work plan in September. Councilmember Buckshnis referred to the statement that there would be no term limits, pointing out students' participation would be limited by their years in high school. Ms. Janssen answered a student can serve for more than one term, e.g. if someone was appointed their freshman year, they could serve all four years of high school if they were reappointed. Ms. Hite summarized the maximum would be four terms. Councilmember Johnson asked if the youth had considered having alternate members. In her experience, people leave and it would nice to have alternate commissioners ready to serve. Ms. Hite advised the ordinance describes two alternates. The commission has nine members plus two alternates. Councilmember Johnson expressed appreciation for Ms. Janssen and Mr. Nichols' continued interest in a youth commission. Councilmember Teitzel thanked Ms. Janssen and Mr. Nichols for their continued interest and passion. He asked if the youth commission planned to meet during summer months. Ms. Janssen said reappointments would occur in June, a work group held in the summer to lay the groundwork for the coming year, and monthly meetings would begin in September. Observing the Council and Mayor make initial appointments, Councilmember Fraley-Monillas, asked if reappointments were also made by the Council and Mayor. Ms. Hite answered yes, reappointments would be made every June; the first June, half the commission would reappointed and in June 2020, all the seats would be up for reappointment. Council President Nelson asked when amendments to the ordinance needed to be approved. Ms. Hite answered tonight if the Council is amenable to not having a public hearing, but a public hearing could be scheduled. She would like to begin recruitment and schedule interviews with Council so commissioners could be seated by December. Council President Nelson asked if a public hearing and vote could occur at the same meeting, possibly November 5 and if that would provide enough time. Ms. Hite said that would work. Councilmember Buckshnis asked if a public hearing was necessary. City Attorney Jeff Taraday said a public hearing was not required to amend this ordinance. Councilmember Buckshnis said she was prepared to approve the ordinance tonight. Councilmember Mesaros was also amenable to approving the ordinance tonight. If the Council wanted to hold a public hearing, he suggested could occur recruitment before the public hearing is held. COUNCIL PRESIDENT NELSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE ORDINANCE NO. 4130, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE, CHAPTER 10.55 ENTITLED, "EDMONDS YOUTH COMMISSION." MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Robert Eastman, Deputy Chief, South Snohomish County Fire, reaffirmed SSCF's support for the Waterfront Connector project as proposed with bridge access for all emergency vehicles to use in the case of a complete blockage to the west side of the railroad tracks. South County Fire, previous Fire District 1, has been involved with this study since its inception and have looked at many alternatives including placing Edmonds City Council Approved Minutes October 23, 2018 Page 3 an unstaffed fire engine or staffed fire station on the west side. Those alternatives do not solve the problem and only provide a very minimal solution and are not supported by SSCF. SSCF understands there are many factors involved in the Council's decision-making, their position is based on emergency response needs only. SSCF will adjust its response based on whatever solution the Council finalizes, but feel it is important to reaffirm their position that the only realistic emergency response solution to the west side is to allow access for all emergency vehicles. Jim Distelhorst, Edmonds, a recently retired family physician, spoke in support of the Waterfront Connector project. A Waterfront Connector will help prevent unnecessary disability and death, not only by allowing quicker emergent care not delayed by trains, but also allowing quicker transport to a hospital. Many emergency conditions like fractures can be stabilized temporary by first aid measures without affecting the prognosis. A delay in hospital treatment of a few minutes can make a heart attack or a stroke worse. Most heart attacks are myocardial infarctions in which a blood clot blocks the blood flow and artery in the heart. The lack of blood flow causes a lack of oxygen to the heart muscle; changes in the heart muscle cells from lack of oxygen start within about 10 seconds. If the lack of oxygen lasts long enough, a matter of minutes, heart muscle cells die from lack of oxygen. Time is heart muscle. Similarly, most strokes are ischemic, also caused by a blood clot but in the artery supplying blood to the brain. If the lack of oxygen lasts long enough, a matter of minutes, brain tissue will die from lack of oxygen. Time is brain tissue. Any delay in definitive hospital treatment of these conditions including a train delay of only several minutes increases the risk of more dead heart muscle cells, heart failure and death in heart attack patients and increases the risk of more dead brain tissue, severe disability and death in stroke patients. A Waterfront Connector, by taking train delay out of the emergency, will decrease the risk of major disability and death in heart attack and stroke patients and will promote rapid and necessary hospital care. Time is of the essence of these patients; time is tissue which is one reason he supported the Waterfront Connector project. Bob Rinehart, Edmonds, member of the Senior Center Board, voiced his support for the Waterfront Connector. He commented a person's position is derived from what and how they measure. One can get mired in facts, zero in on different problems and solutions, consider whether the right things are being measured. For him, the compelling argument was the need to develop a desired outcome. Emergency vehicles are either going to an incident or transporting a patient to a hospital. He recalled being on Admiral Way, four cars from Dayton when the 4 -hour train blockage occurred. He watched first responders move a very pregnant woman across the tracks. He was not sure that could be accomplished in one of the situations described by Dr. Distelhorst. In future train blockages, there may not be the open car that allowed first responders to cross the tracks. The desired outcome is transporting a patient to the hospital. A person can be cared for on the west side of a train blockage, but the real care may need to occur east of the tracks. He strongly supported the Waterfront Connector as it will provide an open roadway for emergency vehicles. Jim Orvis, Edmonds, Port of Edmonds Commissioner, co-chair of the original Waterfront Task Force with Council President Nelson and co-chair of the Mayor's Advisory Committee with Councilmember Mesaros since January, assured there are no surprises in the proposal for the Waterfront Connector before the Council. It was presented to the Council at the public hearing, was developed at Council direction by a knowledgeable group of stakeholders with input from hundreds of citizens, and was what the Council approved in 2016 with the modifications Council directed. The Waterfront Connector is an excellent product, providing rapid 24-hour waterfront access by emergency equipment with consideration for costs, aesthetics and environmental impacts and has the added benefit of permitting pedestrian, bicycle and ADA access. The raised patio landing with easy access to public restrooms adds value to the experience at Brackett's Landing. Perhaps most important, by starting at the top of the Sunset Street bluff, height is minimized and the structure rapidly drops below the sight line. This project is a win/win. Public safety is a paramount duty of municipal government. Hundreds of thousands of people use the waterfront. Mr. Orvis recalled one of the problems encountered during the evaluation was the west side of the tracks is so crowded, there are few places for a ramp to land. The marina, businesses, residences, parks, restaurants, Edmonds City Council Approved Minutes October 23, 2018 Page 4 the fishing pier, the community center and the yacht club are all located on the waterfront. The City has an obligation to ensure public safety. He has heard some say that emergency personnel should be asked to risk their lives crossing stalled trains, that the City should construct a small building so personnel could access stored equipment or use carts to move resources to the scene of an emergency. Those and over 50 other ideas were evaluated and discarded. They are inadequate and do not provide the necessary level of service needed for the environment that has been created. The Seattle metro area is among the fastest growing places in the nation and that includes Edmonds. The future will bring more people, trains, ferries, medical emergencies, fires and police calls. The ability to respond to an emergency is inadequate now; if nothing is done, the problem will only get worse and the solution more expensive. Although he wished that was not true, but wishful thinking was irresponsible in determining public policy. The Waterfront Connector is preparing for the future. Suzy Schaefer, Edmonds, said she was initially overjoyed when she heard WSDOT's long term plans did not include moving ferry but was soon panicked over what would happen to that property. She was aware the decision was not up to City Council, that there will need to be a process with WSDOT, the City and citizens. This is an opportunity to create a wildlife sanctuary which will help save the Salish Sea, the most important thing that can be done in a person's lifetime. She summarized there was a unique opportunity to save salmon and orcas. Susan Paine, Edmonds, commented the youth commission was a great idea. With regard to WSDOT's long range plan, she pointed out the opportunity it presents to the community to expand the Edmonds Marsh and do something great for the environment on the Unocal property. The marsh is a jewel and this is a once in a lifetime in opportunity to preserve salmon, save orcas and provide opportunities for wildlife, fishing, etc. The Edmonds Marsh was listed as one of the Audubon Society's great Washington State birding trails, one of the best birding sites, there are numerous bird lists and over 200 species birds land in the marsh. This was a salmon stream in the past and it could be again with the daylighting of Willow Creek. Proper daylighting of Willow Creek includes more than just expanding the ditch but also opportunities for salmon to use the stream. Purchasing the Unocal property from WSDOT would be a terrific opportunity for the community and the entire region. Edmonds Marsh is the last saltwater marsh between Everett and Tacoma on the west side of Puget Sound. The opportunities are beyond what most people can image; the City needs to think big, partnering and doing preservation activities including possibly a wildlife refuge in that space. She encouraged the public to comment on WSDOT's long range plan online, only two days remain to provide input to ensure the community's desires are included in their planning documents. 7. BUDGET PRESENTATIONS 1. 2019 BUDGET PRESENTATIONS Economic Development/Community Services Economic Development/Community Services Director Patrick Doherty reviewed: + 2018 Accomplishments o Community Services ■ Worked with Diversity Commission on ambitious Work Plan including Youth Forum, World Cafe, Fourth of July parade, Film Series, grants program, incident responses, development of policy recommendations, etc. ■ Together with services of Carolyn Douglas as part-time public information officer/press relations coordinator, we have created a substantial, continuous public/media presence leading to increased regional media coverage, as well as increased and regular social media activity, etc. • Managed lobbying efforts in Olympia and Washington, DC on behalf of Edmonds interests — both legislative and financial ■ Led efforts to develop Edmonds' official Legislative Agenda Edmonds City Council Approved Minutes October 23, 2018 Page 5 ■ Collaborated with Public Works and our Olympia lobbyist in successfully securing commitment of $6MM for the Edmonds Street Waterfront Connector project ■ Represent Edmonds in regional forums, organizations, events o Economic Development ■ Related to Tourism: - Enhanced and promoted new tourism website and promoted greater use and visibility of the arts/culture/events calendar - Enhanced tourism -promotional ad presence in the region - radio, print, digital - including more robust campaign for upcoming 2018 holiday season, together with Ed! - Initiated Edmonds Tourism Partners - top 7 advertising entities to collaborate for greater impact & efficiency - Introduced Edmonds tourism videos to media campaign - Collaborated with Port of Edmonds on digital ad and video campaign targeted for Denver metro in the Spring, using whale -watching as the "hook" to drive visitors to Seattle/Edmonds (Port of Seattle grant + local monies) ■ Related to general economic development: - Currently initiating fourth season of Holiday Market - Together with Ed! have created substantially enhanced Holiday offerings/activities including holiday market, trolley, caroling contest, jazz/brass ensemble performances, dedicated holiday website, etc. - Provided more enhanced business -attraction advertising throughout region (Seattle Business magazine, Daily Journal of Commerce, 425 Business magazine, and KUOW radio) - Provided support to property owners and/or architects & developers on potential redevelopment projects - Co -led with Parks & Rec Dept effort to seek State Creative District designation, including public process, 5 -year program development, etc. • Application submitted Decision anticipated early December - Reconvened ad hoc Downtown parking committee late 2017, leading to parking enhancements in early 2018 (4th Ave S. parking lot, expanded "tick marks" for on - street parking) - Provided support to Economic Development Commission, including assistance with research, consideration and memos on such issues as: • Affordable housing, BD1 first floor height, Potential for city facilities, Dayton Street utilities/street project mitigation, etc., arts/culture/tourism initiatives, business attraction/recruitment, development feasibility, etc. - Collaborated with EASC and other SnoCo cities on Snohomish County WeChat site - to attract Chinese investment to the County - Collaborate with Small Business Development Center, offering Edmonds office hours in City Hall 1-2/month • 2019 Challenges/Initiatives o Community Services ■ Pursue Legislative agenda items, including future funding commitment for major projects in Edmonds: Highway 99, Edmonds Street Waterfront Connector, Waterfront Center, Edmonds Marsh, Civic Park, etc., especially to help leverage federal grant funding where available ■ Support the Diversity Commission and its 2019 Work Plan ■ Expand and enhance public outreach, communications and engagement efforts is Conduct second National Citizen Survey in Edmonds o Economic Development Edmonds City Council Approved Minutes October 23, 2018 Page 6 ■ Support property owners in Downtown, Westgate, Hwy 99, and other business districts to assist with appropriate redevelopment ■ Continue to seek hotel for Downtown ■ Enhanced and expanded business -attraction advertising, especially using "hook" of Creative District designation, if we are successful ■ Recruitment of new business/investment and retention/expansion of existing business ■ Pursue greater tourism -promotion opportunities Expenditures Expenditures 2018 Approved 2018 YE 2019 Reemd %age Budget Estimate Budget $557,482 Change Community $490,751 $487,723 Services 14% Economic $99,710 $99,750 $108,750 Development 9% Total $590,461 $587,473 $666,232 13% • Decision packages o Community Services ■ DP47 - $72,000 for federal lobbyist/strategist ■ DP49 - $18,000 to increase cope of service for PIO/Communications Specialist ■ DP50 - $20,000 for Diversity Commission contracted staff services (increase of $14,000) ■ DP51 - $1,000 for Diversity Commission Film Series expenditures (supported by revenues) ■ DP53 - $22,000 for 2019 Citizen Survey o Economic Development ■ DP48 - $10,000 for Creative District contracted staff support ■ DP52 - $6,00 for holiday market expenses (covered by revenue) ■ LTAC Tourism Promotion Program o Lodging tax revenues are used to fund the City's Tourism Promotion Program o Only permissible use of these funds per RCW o Revenues projected for 2019 are $118,000 (even with total revenue projected for 2018) o City's Tourism Promotion Program consists of: ■ Support and promotion of arts, culture and other events that attract visitors (25%) ■ General Marketing and promotion (ads, website, rack cards, etc.) (75%) o Proposed 2019 Tourism Promotion Program - Use of Funds ■ DP67 - Arts/Culture-related (25% of revenue): - $22,100 Arts Commission grants for tourism promotion: - $11,000 in Arts Commission pro,,rani expenditures: $2,000 - Cascade Symphony $2,700 - Olympic Ballet Theater DP54 - General tourism promotion (75%): - On-going Expenditures: • Professional Services $8,500 - Printing/distribution of rack card $1,500 - Promotion/support of Bird Fest $4,500 - Support of Snohomish Co. Tourism Bureau $2,500 - Edmonds Visitors Center Edmonds City Council Approved Minutes October 23, 2018 Page 7 $2,000 - Cascade Symphony $2,700 - Olympic Ballet Theater $1,400 - Art Studio Tour $2,600 - Driftwood Players $1,500 - SnoKing Chorale $2,500 - Art Walk $2,600 - DeMiero Jazz Fest $2,600 - Jazz Connection $500 - Edmonds Arts Festival 1 $2,600 - Cascadia Art Museum - $11,000 in Arts Commission pro,,rani expenditures: $2,000 - Cascade Symphony $2,700 - Olympic Ballet Theater DP54 - General tourism promotion (75%): - On-going Expenditures: • Professional Services $8,500 - Printing/distribution of rack card $1,500 - Promotion/support of Bird Fest $4,500 - Support of Snohomish Co. Tourism Bureau $2,500 - Edmonds Visitors Center Edmonds City Council Approved Minutes October 23, 2018 Page 7 $20,000 — Contracted staff support for tourism promotion/website/arts-events calendar $2,400 — Website hosting, technical support • Advertising $30,000 — General advertising $13,000 — Advertising in ECA Season Brochure • Miscellaneous $1,000 — Incl ad design work, photos, emerging opportunity • Interfund Transfer $4,000 — Promotion of Edmonds arts/culture events in Snohomish County Visitors Guide, CRAZE recreation guide and "Arts Access" (Snohomish Countywide) • TOTAL ON-GOING EXPENDITURES - $87,400 — One-time expenditures from fund balance: $1,000 — Grant for enhanced advertising for 2019 Waterfront Festival (if it happens) $500 — Grant for enhanced advertising for 2019 Chamber Chowder Cook -Off $1,000 — Grant for 2019 Taste Edmonds advertising $6,000 — Grant for Cascadia Art Museum advertising • DP #55: Log Cabin Maintenance: $4,500 TOTAL ONE-TIME EXPENDITURES - $13,000 Projected 120 Fund Balance: $74,762 Councilmember Johnson relayed the Rotary Club has decided not to pursue the Waterfront Festival next year. Mr. Doherty explained at the last Economic Development Commission meeting, Port Commissioner Bruce Faires reported the Port is looking for new sponsor for that event. Councilmember Johnson asked how the $10,000 for a Creative District would be used. Mr. Doherty explained when the ordinance was presented to Council, the application process required formulation of a five-year plan of activities to implement the Creative District. Many of those come from existing plans such Cultural Plan, 4" Avenue Corridor Plan, etc. and many of those initiatives would be kickstarted with the Creative District designation, including the 4" Avenue Cultural Corridor, engaging youth, attracting business, creating a brand/identity, etc. Starting those initiatives would be the most time consuming. The funds may not be necessary and existing staff will do a great deal but there may be a need for some support. Councilmember Johnson asked when the State will announce whether Edmonds will be designated as a Creative District and whether any funding is anticipated by the legislature. Mr. Doherty said a decision will be made in early December; Edmonds is the only city in the State that has applied. The State has 60 days to review applications and at this point there is not enough time for another city to be designated this year. The State Arts Commission submitted a budget request to the governor, including grant funds to assist communities. Councilmember Johnson recommended including that on the City's legislative agenda. Councilmember Fraley-Monillas referred to the decision package for $18,000 to increase the scope of service for the PIO/Communications Specialist and asked about current funding. Mr. Doherty said the scope of service is currently 5-8 hours/week; he offered to confirm the funding amount. The exact number of hours per week differs depending on what arises during the week. The decision package would increase that to 12/14 hours/week. Councilmember Fraley-Monillas inquired about the decision package for contracted staff for the Diversity Commission, noting it is currently 5 hours a month and asked how many additional hours would be funded by the $20,000. Mr. Doherty answered depending on whether it is an employee or contracted service, the position would be 1/4 (10 hours/month) to 1/3 FTE (12-14 hours/month). Edmonds City Council Approved Minutes October 23, 2018 Page 8 Councilmember Buckshnis expressed interest in the number of hours and the cost of the current PIO. Mr. Doherty said he would email that information tomorrow. Councilmember Buckshnis recalled when the Diversity Commission was developed, it was her understanding a consultant was preferable to a City employee because a consultant was more specialized. She asked whether that has changed to potentially using a part-time City employee. Mr. Doherty answered when the Diversity Commission started, a specialized consultant was hired to kick off the process of creating the commission, the work plan, the vision, assisting commissioners, etc. which included more hours and cost. That was reduced to five hours/month in subsequent years but that is not enough time for the consultant to provide meaningful support. For example, it is difficult for him to give assignments to the consultant because the assignment will consume so much time. The five hours/month covers only very small administrative projects. As a result, he and Cindi Cruz as well as commissioners have been providing support. He recognized a sustainable program required a 1/4 to 1/3 FTE. Councilmember Buckshnis suggested researching the hours provided by the Tree Board consultant. Councilmember Buckshnis asked why the National Citizens Survey (NCS)was conducted and why he was proposing it be done again. Mr. Doherty said the NCS was done in Edmonds two years ago. The NCS is a unique opportunity to engage the community in a statistically significant survey that has about 60 standardized questions and 5-6 questions specific to Edmonds that the City Council vetted, e.g. expenditures for parks, expenditures for transportation, discrimination, etc. The consultant who prepares the results said Edmonds had the highest level of confidence of any community they ever surveyed. There was almost no difference between the responses to the random surveys and the public survey (self-selected respondents) which validated the community was very consistent in its opinions. The results provided responses to the Edmonds specific responses as well as other communities in the nation and select communities that are Edmonds' size and on the west coast. When the NCS was presented, it was suggested the survey be done again in 3-4 years which would allow benchmarking responses against the previous survey to show progress that has been made. The NCS is an opportunity to engage the public on the standard questions and specific questions. Councilmember Buckshnis requested he resend the survey results to Council. Councilmember Buckshnis asked if the survey results could be used to update the Strategic Plan. Mr. Doherty said it is great tool to help craft action plans or determine if existing plans such as the Comprehensive Plan, CIP, etc. are being informed by the most recent information. Councilmember Teitzel commented there is a lot of pressure in the 2019 budget with one-time expenses including the NCS for $22,000. The NCS decision package is a priority 7 so it is not a high priority in 2019 and could be done in 2020. In view of the pressures in the 2019 budget, he suggested shifting it back to 2020. Mr. Doherty said when the survey results were presented, it was suggested it be done in 3-4 years and 2019 is 3 years. If the Council is interested in benchmarking against ourselves, it should not be delayed 6-7 years. Councilmember Teitzel said 2020 would be 4 years. Development Services Development Services Director Shane Hope • 2018 Progress o Handling high levels of permit and inspection activity, such as for: ■ Madrona Elementary School • Building 10 at Pt Edwards ■ Numerous other small and large projects o Development Code updates, including: ■ Critical area regulations — technical updates ■ Critical area regulations — wetlands update ■ Quasi-judicial land use decision process o Long-range planning activity a Draft Urban Forest Management Plan Edmonds City Council Approved Minutes October 23, 2018 Page 9 ■ Draft Housing Strategy ■ Climate Goals Project ■ Comprehensive Plan Update o Administrative • New electronic permit tracking system • Digitization of many records ■ EviroStars ■ Support to several City Boards and commission • Participation in regional organizations Challenges o Given continued high levels of permit activity and complexity for projects, difficult to: ■ Provide timely plan reviews ■ Have time to complete work on longer -range projects ■ Maintain staffing levels/expertise Graph: Building Permits and Revenue for January — September period 2001-2018 Exnenditures 2018 Budget 2018 YE Estimate 2019 Recomm. Discussion Total Det $3,318,150 $3,181,368 $3,228,150 3% decrease Salaries $1,623,298 $1,574,166 $1,665,849 Maintains staffing levels Prof. Services $789,960 $736,410 $709,8880 10% decrease Decision Packages/Changes o DP56 — Electronic Plan Review $32,00 o DP57 — Digitization and archiving $48,000 o DP58 — 5 Corners Consultant $30,000 o DP59 — Building plan review- professional services $10,000 o DP60 — Tree Board minute taking $1,500 Councilmember Buckshnis recalled the Tree Board had a minute taker when there was a consultant or an ordinance was being reviewed. She takes minutes when a consultant or other presenter is at the meeting. She feared if the Tree Board was provided funds for minute taking, other boards/commissions will want the same. With regard to the code update, Councilmember Buckshnis recognized code update have been done for items related to changes in law, the Critical Area Ordinance, SMP, etc. and asked when the code update will be finished. Ms. Hope commented the quasi-judicial issue is part of the code update as it sets the framework for how decisions will be made. Staff plans to begin working on elements in the code such as subdivisions and trees in 2019. Councilmember Buckshnis was disappointed not to see a city arborist in the budget, recalling last year staff preferred to wait until the Urban Forest Management Program (UFMP) was adopted. She supported having a city arborist on staff to create and manage the UFMP. Ms. Hope anticipated bringing the UFMP back to Council in November and that may be a good time to discuss the city arborist position. Councilmember Buckshnis requested Ms. Hope create a decision package with the cost of a city arborist to manage the UFMP as well as other tree issues that the City currently relies on a consultant for. Ms. Hope said she could work with other departments to develop options such as full-time or half-time position, sharing with another city, etc. Councilmember Buckshnis relayed the Tree Board's support for a full-time city arborist. Councilmember Johnson recalled from Ms. Hope's presentation that Development Services is fully staffed. A few years ago when the department was not fully staffed, the 2nd floor was closed on Wednesdays and now are open half day Wednesday. She anticipated when the department was fully staffed, it would be open Edmonds City Council Approved Minutes October 23, 2018 Page 10 five days a week and asked if that expectation could now be met. Ms. Hope answered the department is fully staffed as of Monday so there is still some learning curve. During an average day, there is no time for staff meetings, team meetings or to work on plans. Having four hours on Wednesday afternoon when the counter is open for miscellaneous small things, providing handouts, etc. and phone calls are directed to appropriate staff, seems to be working well for customers. She hoped to continue having time during the week for staff meetings, team meetings and to work on plans. Councilmember Johnson inquired about the existing counter hours. Ms. Hope answered 8 a.m. to 4:30 a.m., the counter is staffed during lunch and closed for most business on Wednesday afternoons. People can still come to the counter to pay a bill and urgent mattes can be addressed. Planning Manager Rob Chave said customers are encouraged to make appointments on Wednesdays. Councilmember Johnson said the goal is to provide customer service and she encouraged staff to reach out to customers to learn what their needs are and to meet those needs. Councilmember Teitzel relayed his understanding there is an employee in the Parks Department who is a certified arborist. Ms. Hope answered there are 1-2 certified arborist on staff. Councilmember Teitzel suggested rather than hiring a full-time city arborist in 2019, would it be possible to allocate some of those employees' time to tree issues. Ms. Hope offered to include that in the options she provides as well as the impacts of shifting staff duties. Parks, Recreation and Cultural Services Department Parks & Recreation Director Carrie Hite 2018 Accomplishments o Stadium removal and Design Development of Civic Field o Waterfront Development/Walkway Design and Permitting o Meadowdale Playfields o Veterans Plaza ■ Installing new educational kiosk in 2019 o Pickleball at Yost o Frances Anderson Center Playground o YMCA Yost Partnership o Health & Fitness Expo o Puget Sound Bird Fest o Beach Ranger Program o Student Conservation Program o City Park storage shed o Yost Park locker room updates o Softball leagues increased teams to 115 o Pickleball leagues increasing, 60-65 every Tuesday night o Fitness class participation increased by 700 so far this year o Continued forest restoration at Hutt Park o New partnership with Sound Salmon Solutions (fish hatchery) o More than 7300 visitors to Visitor Station o WOTS conference sold out 0 275 registered, 30 presenters, 14 states represented o Volunteer hours ■ 400 volunteers performed ■ 4200 volunteer hours or 2 FTEs • Challenges o Hot summer, constant maintenance of pool and spray park o Finding contracted instructors for the demand of classes o Facility challenge: roof leaks at Frances Anderson Center Edmonds City Council Approved Minutes October 23, 2018 Page 11 o Increased outdoor pickleball at Yost, noise o Funding for public art o Many projects do not contribute to 1% for Art 2019 projects o Preschool expansion at Meadowdale o Adult softball expansion o Bench program and gift catalog o City Park Walkway o Waterfront redevelopment, walkway connection o Outdoor Fitness Zones o Community Garden o Civic Park Design o Seaview Play Equipment Expenditures Expenditures 2018 2018 YE 2019 Discussion Budget Estimate Recomm. Administration $386,582 $381,476 $392,345 Budget shows $955,740 but already had Recreation $1,511,978 $1,365,824 $1,587,183 Recreation programming, decreased Rentals $147,000 $152,850 $153,000 professional services, Youth Leases $185,000 $185,000 $185,000 Commission Coord..5 FTE Programs $450,229 $433,363 $474,104 Athletics and preschool, increased Park $4,350 $4,350 $4,350 programming Park Main. $2,015,230 $1,927,317 $1,773,133 Picnic tables and chairs Flower $47,953 $47,953 $48,861 Program Total Budget $4,411,972 $4,155,993 $4,276,226 • Revenue Decision Packages o Picnic Tables: $5000 o Athletics increased programming: $6450, increased revenue= $33,000 o Preschool increased programming: $20,458, increased revenue = $41,840 o Youth Commission: $53,717 o PR General Fund changes = ($27,590) ■ Mainly professional services for recreation programs o Fund 122, Youth Scholarships: $1000 o Fund 123, Arts Tourism Promotion: $32,000 o Fund 127, Purchase of table/chairs Frances Anderson Center: $15,325 o Fund 127, Powder Coat benches: $11,250 o Fund 136, Graphic panel for beach ranger visitor station: $5,000 Photo of annual scarecrow entry Edmonds City Council Approved Minutes October 23, 2018 Page 12 2018 2018 YE 2019 Discussion Budget Estimate Recomm. Program $910,100 $820,154 $910,000 Budget shows $955,740 but already had Fees programmed in revenue for softball Rentals $147,000 $152,850 $153,000 Leases $185,000 $185,000 $185,000 Will be adjusting rates so this will go up by 2.9% Park $4,350 $4,350 $4,350 Donations Total $1,246,450 1 $1,162,354 $1,252,350 Decision Packages o Picnic Tables: $5000 o Athletics increased programming: $6450, increased revenue= $33,000 o Preschool increased programming: $20,458, increased revenue = $41,840 o Youth Commission: $53,717 o PR General Fund changes = ($27,590) ■ Mainly professional services for recreation programs o Fund 122, Youth Scholarships: $1000 o Fund 123, Arts Tourism Promotion: $32,000 o Fund 127, Purchase of table/chairs Frances Anderson Center: $15,325 o Fund 127, Powder Coat benches: $11,250 o Fund 136, Graphic panel for beach ranger visitor station: $5,000 Photo of annual scarecrow entry Edmonds City Council Approved Minutes October 23, 2018 Page 12 Councilmember Mesaros said he often walks by the spray park in the summer and usually waits for big bucket to fill and spill. In talking with people while waiting for the bucket to fill, he realized it is a regional park with people coming from surrounding communities. Ms. Hite relayed a contact from Port Townsend citizens who visited City Park, had lunch downtown, shopped and who were interested in building in a similar spray park Port Townsend. She commented that illustrates the impact the spray park has on the City's economy. Councilmember Buckshnis pointed out an anomaly, park donations of $4,350 yet the Edmonds Marsh fund has received $6,850. Ms. Hite advised park donations are in the general fund. Councilmember Buckshnis inquired about the proposal for a youth services coordinator at a cost of over $100,000 and asked if the intent was a consultant. Ms. Hite advised that is a half time employee which is less expensive than contract staff. Councilmember Buckshnis asked why that position is a priority 5. Ms. Hite said the priorities above it are recreational programming which are positive to the bottom line. Councilmember Buckshnis expressed concern that the annualization of the salary, $107,000, was high for a part time position. Ms. Hite answered most of the youth commissions are supported by a coordinator. There are coordinators in the Parks Department and this is a comparable market rate salary for a coordinator position. Councilmember Teitzel commented both his daughters were Yost penguins back in the day, and his family spent many happy hours at Yost Pool. The pool is a treasure and he hoped it can be retained forever, but recognized it is an aging facility that will require continued investment over time. He asked how long Yost Pool could be kept going without a major reconstruction. Ms. Hite answered the City has invested in capital infrastructure at Yost over the past 6-7 years. The pool is in good shape; it has new floor tile shell, boiler, hot water heater, and locker rooms. She did not anticipate any huge investments for the next 5-6 years, but systems would need to be replaced again in 8-10 years. If the facility is maintained, it will not need a huge rebuild. Councilmember Johnson relayed her understanding the benches at Brackett Landing North will be replaced and that they will be painted black like the benches in the downtown area. She liked the weathered look of the aqua colored benches that blend with the driftwood. She understood the existing benches need to be replaced but she preferred they not all be black as she did not find that as aesthetically pleasing. Ms. Hite responded the benches have already been ordered and they are standard black park benches. Black was selected because it's easier to maintain and it does not fade as much as the green benches. She acknowledged it was a matter of personal preference; park maintenance staff take pride in their work and they like the shiny black benches. She will add that to the list of things to consider in the future. Councilmember Johnson said she has made that comment in the past and was disappointed in the black benches. Mayor Earling declared a brief recess. Human Resources HR Director Mary Ann Hardie reviewed: • 2018 Accomplishments o Successful WCIA Personnel audit and MEBT audit. o Provided Active Preparedness training city-wide. o Posted 52 recruitments (to date- not including commissioned police officer positions) working through the selection process for filling these positions. o Completed Teamsters negotiations. o Continued EEA/WSCCCE negotiations. o Completed the Non -Represented Salary survey (to be presented 11/18). o Extension of Prosecutor & Public Defender contracts (through 2019). o Offered a City Health & Wellness Fair & Health Screening and flu shots with over 15 vendors and benefit providers. Edmonds City Council Approved Minutes October 23, 2018 Page 13 o Offered a City Health & Wellness Fair & Health Screening and flu shots with over 15 vendors and benefit providers. o Worked on updates to the City Personnel Policies. 0 Challenges o Legislation/regulation considerations — changing work environment, legal mandates, state paid sick leave law, etc. o Labor relations issues o Recruitments- finding different ways to attract the best pool of candidates with retirements and a continued low unemployment rate o Continuing to launch the APP -many moving parts and safety program costs, needing a safety specialist. o Managing increasing workers' compensation claims costs o Achieving the AWC Well -City Award (continuing challenge) • 2019 Projects o Filling recruitments and launching the NEOGOV onboarding program (if decision package is approved) o Continued negotiations (if not completed) for EEA/WSCCCE (AFSCME) union o Starting EPOA (commissioned police) and EPOA Representing Law Support Enforcement Services (non-commissioned police) union negotiations o Salary Commission process o Safety Training — continued implementation of the Accident Prevention Program (APP) 0 2019 City Personnel Policies update o Continuing to work toward achievement of the AWC Well -City Award (coordinating through the Wellness Committee) o Public Defense & Prosecutor contracts up for renewal o Supervisor training (performance management) o City-wide anti -harassment, anti -retaliation and cultural diversity training Expenditures Expenditures 2018 Budget 2018 YE Estimate 2019 Recomm. Discussion Human Services $467,314 $467 134 $590,331 Decision packages Civil Service $13,180 $13,180 $13,180 Decision Packages 1. Safety/Risk & Disaster Coordinator o Upgrade of the part-time Safety/Risk Coordinator position that currently has $20,000 wage funding budgeted. This position also has a potential of $10415,000 funding (from the LNI Stay -At -Work program- depending on early return to work opportunities). Additional $85,567 (ongoing wages and benefits) needed to increase hours of work and add disaster coordinator duties. 0 30 hours per week as a Safety professional and 10 hours per week as a Disaster/Emergency Management Coordinator. o Identified as an important position that will serve as a the subject matter expert (SME) to liaise with the community, perform maintenance of disaster and comprehensive emergency management plans, emergency operations center (EOC) exercises, serve as volunteer opportunity coordinator, work on emergency preparedness and manage the EOC in an actual disaster. o Will serve as the SME to continue the implementation of the city-wide safety plan/accident prevention program, providing expertise to analyze workplace accidents to reduce and prevent injuries and performing in house safety training, consulting and monitoring. 2. Onboarding module through NEOGOV o $5,886 for annual, ongoing cost ($3000 program and training cost in the budget). Edmonds City Council Approved Minutes October 23, 2018 Page 14 o Module offered through our applicant tracking system that integrates with the applicant tracking system. o Fully automates the hiring paperwork process. o Helps to streamline recruiting and payroll paperwork process, making the hiring paperwork process less cumbersome for employees and internal users. o Reduces time spent and document management in having all documents completed and located in one location that new employees can access in one place. o Has the capability to also provide ongoing onboarding (training videos, workplace culture and communications portal), not just orientation for new employees which has been shown to engage and help retain employees. o Includes "off boarding" for benefit exit interview paperwork and exit interview information (tracking reasons for separation of employment, etc.). Additional funds to professional services BARS (background check costs) o $5,000 (ongoing) is estimated to pay for the additional annual costs of these checks. o The HR department runs background checks for volunteers and seasonal/temporary/part- time and full time positions. The background check service provider the City has used for several years changed ownership and the services and rates changed significantly. o The City has been using DataQuest for background check services, credit check services and education verification (for example) for management and director level employees with a high quality of service. o DataQuest was the determined provider of choice due to thoroughness of their service provided. o We receive a custom "specially priced" package price of $50 (per check) for social security traces, county, state (through all district courts), and federal criminal background checks, no additional charges for AKA names, national sex offender registry checks, national criminal database search, and FCRA training and education and compliance notices. This also includes court fees, which were not included with the previous background check provider or with other providers. Councilmember Buckshnis asked if the $85,567 for the Safety/Risk & Disaster Coordinator position was the proposed salary or half the salary. Ms. Hardie answered there is currently $20,000 in the budget, the proposal is an additional $85,567 or approximately $105,500 including benefits which is slightly below market comps. Councilmember Johnson recalled staff was unable to fill a half-time position and asked about the length of time recruiting for the position. Ms. Hardie answered approximately six months. She acknowledged the position was underpriced for the duties/level of experience and she was hopeful someone who was retired from the field would be interested. A consultant was hired who did a lot of work at a low rate this year but that is not feasible in the long term. The challenge is finding someone with public sector experience. Councilmember Johnson asked if the consultant was available in 2019. Ms. Hardie answered he has own business and is unable to continue. Councilmember Johnson observed to get the work done, it is necessary to have a full-time person. Ms. Hardie answered yes, explaining when the Fire Department left, the disaster coordinator duties shifted to the Police Department. Unlike the Fire Department who have varied schedules and were able to dedicate more time, there is no longer the capacity to address this issue. Councilmember Buckshnis recalled last week the Diversity Commission reported hearing about implicit/explicit bias issues when they interviewed department heads. She observed HR conducts diversity anti -harassment training very three years and asked why it was not provided every year. Ms. Hardie answered the City goes by best practice recommendations in working with WCIA and researching other cities' practices. When new employees are hired, they view a training module that is focused on harassment but has also has a diversity component. That is supplemented by diversity training every three years. Edmonds City Council Approved Minutes October 23, 2018 Page 15 City Attorney Finance Director Scott James advised the City Attorney's budget is on pages 44-45 in the budget book. He reviewed: • Expenditures Ex enditures 2018 Budget 2018 YE Estimate 2019 Recomm. Discussion Total $847,480 $842,480 $889,560 Increased for City Attorney & Prosecutor Includes both the City Attorney's budget of $574,500 and the Prosecutor's budget for $310,060 Decision Packages o City Attorney: $22,100 (4% increase) o Prosecutor's Contract: $19,980 (7.5% increase) Councilmember Buckshnis commented the 7% increase for the prosecuting attorney seems high. She acknowledged their contract was extended for a year and asked if there was any ability to negotiate the increase. Mr. James answered 7% is the prosecuting attorney's request and there is no opportunity to bargain it. The reason for the increase is they are working more hours. Municipal Court Judge Linda Coburn said her state of the court address in March addresses accomplishments, challenges, etc. The paperless project has been started; staffing changes have delayed that project. She reviewed: • Courts are an Important service to our Community because o They help protect our Constitutional rights to equal protection and due process under the law o They provide access to justice o Laws are meaningless without a way to enforce them o What happens in court helps maintain civility and safety for every individual in Edmonds regardless of whether they ever step foot in a courtroom • Courts are Reactive to Filings & Responsive to Statutory Restrictions o Bar graph of filings and intake 2012-2018 ■ Filings are up, primarily due to parking infractions ■ Intake is up, 2018 surpasses 2017 ■ Courts are not a revenue center o By statute, '[t]he court shall not order a defendant to pay costs unless the defendant is or will be able to pay them.' RCW 10.0 1. 160(3). To determine the amount and method for paying the costs, 'the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.' -- State v. Blazina, 182 Wn..2d 827, 838, 344 P.3d 680, 685 (2015) • Intake *Includes $45,292 dedicated to Paperless Court project per previous decision packages Decision Packages o Operating Cost (230-19002) Decision Package 230-19002 2018 Actuals 2019 Projections Current Balance Court Improvement Fund $16,531 $16,531 $79,560* *Includes $45,292 dedicated to Paperless Court project per previous decision packages Decision Packages o Operating Cost (230-19002) Decision Package 230-19002 Amount Requested Increase Total $18,080 Anticipated Offset (Increased Credit Card Transaction Fee -$6,000 Net Budget Increase $12,080 o Court Security (230-19001) ■ Supreme Court General Rule (GR) 36 (effective Sept. 1, 2017): Edmonds City Council Approved Minutes October 23, 2018 Page 16 "[a] safe courthouse environment is fundamental to the administration of justice. Employees, case participants, and members of the public should expect safe and secure courthouses." Minimum standard not met per GR 36: "Weapons screening by uniformed security personnel at all public entrances. Uniformed security personnel shall perform weapons screening at all public entrances, using as a minimum metal -detector wand screening and physical examination of bags, briefcases, packages, etc." Estimated Annual Cost for Increase from Current Hourly Wage Full Time Security Court Security Costs $61,425 $31 per hour $64,480 $3,055 $45 per hour $93,600 $32,175 *Court currently pays either $55 hours for minimum of four hours or $45 for a minimum of one hour Councilmember Fraley-Monillas asked how much the court currently paid annually for security. Judge Coburn answered approximately $61,000. Councilmember Fraley-Monillas asked if the increased hours for that individual at $31/hour equated to the increase of $3,055. Judge Coburn answered yes, if they can get someone at that rate. Councilmember Fraley-Monillas said she did not see that in the court's preliminary budget. Judge Coburn answered it was not part of the preliminary budget and when she realized it was not included, she distributed the information to the Council. Councilmember Fraley-Monillas commented court security was important to ensure safety in the court and she recalled a friend who was killed in a Seattle court by her ex-husband many years ago. Council President Nelson asked if court staff have had to deal with individuals where a security officer was not available when she felt there should have been security. Judge Coburn answered yes, the court currently contracts with Puget Sound Security and the regular security officer they provide is a police officer in Mukilteo. When Mukilteo had a homicide recently, Mukilteo needed him and he left, leaving the court without security. That day there was a hearing involving someone known to have a volatile reputation. The court was left without security, requiring untrained staff to operate the security equipment. Council President Nelson asked if the people who come to the municipal court only have misdemeanor criminal histories or are there people with histories of misdemeanors, felonies, violent/non-violent crimes, etc. Judge Coburn answered the people who come to the court have a history of all those things. Although it is a court of limited jurisdiction that handles non -felony cases, some of the people who come to the court have violent histories. People who commit crimes in Edmonds have committed crimes elsewhere including violent criminal histories. Council President Nelson asked why the security decision package was not in the budget. Judge Coburn responded the system indicated "rejected" which she interpreted to mean it was not approved. Council President Nelson asked who rejected it. Judge Coburn said she was not sure. Council President Nelson commented the safety and security of the court was something that should obviously be addressed, and he appreciated her bringing it forward in her report. Councilmember Teitzel relayed his understanding there was a Supreme Court ruling regarding full-time security and asked if the Edmonds court was in violation of that rule. Judge Coburn answered it is mandatory without sanctions. In other words, the Supreme Court states this is the minimum and if a court does not, a report is required regarding why it is not being done. The reason for the rule is to urge jurisdictions to security and to collect data regarding who is not doing it and at what level so they can take the next step, whatever they choose that to be. Councilmember Teitzel observed the court budget included Edmonds City Council Approved Minutes October 23, 2018 Page 17 no funds for equipment, but $71,000 was budgeted in 2018. Court Admin Sharon Whittaker answered the $71,000 was for the paperless project including the Laserfiche electronic file cabinet, scanners and the first year of maintenance fees. Councilmember Mesaros said the few times he has visited the municipal court, he noticed the security officer tends to be an off-duty police officer from another jurisdiction. He recognized there would be times when the security officer was not available such as illness or an emergency in another jurisdiction. He asked whether security could be provided by the Edmonds Police Department so that any absenteeism could be coordinated with the Police Department. Judge Coburn relayed in past conversations regarding that topic, police officers are trained for law enforcement, not providing security. Law enforcement that provides security is the result of an officer choosing to do that as a second job. Making that part of the duties of someone in the Police Department is a decision the Police Chief would have to make but she highly doubted there would be a desire to do that because literally that is not what they are trained to do. At one time, the union expressed interest in providing security for the court, but issues included overtime pay and requiring officers to volunteer to provide the service which results in the possibility of no security if no one volunteers. Councilmember Mesaros anticipated even with full-time security, there would be issues as a result of absenteeism, vacation, etc. He asked whether the request is for a full-time staff person or a contract service. Judge Coburn said when a court contracts for full time service, dedicated persons are assigned to the court and the contractor is responsible for backfilling, versus Edmonds Municipal Court who calls when they need security. Councilmember Mesaros said the few times he has visited the court, the security officer is outside the door so although him is readily available, there is no security inside the courtroom. Judge Coburn said they have a procedure for alerting him and there is a crisis button. The security person can hear her voice in the hallway and if they hear something intense, they will step inside the courtroom. Councilmember Buckshnis expressed support for court security and the increase of $33,000. She did not support using the Police Department for security, preferring they be boots on the ground, and felt a security firm would be best. With regard to the paperless project she asked about the unexpended funds for equipment. Judge Coburn said those funds would be carried forward into 2019. Councilmember Johnson commented on the number of weapons King County confiscates via their metal detector. She remembered a time when there was no metal detector and now they have a large display of the various weapons they have encountered. She asked the experience in the Edmonds court with regard to weapons found via the metal detector. Judge Coburn said weapons have been discovered, but some are legal to possess but are not appropriate to bring into to the court. Those are confiscated and placed in a locker and the person retrieves it after court. The police can be called for an illegal weapon. The court needs to maintain better statistics which is one of the issues with the existing inconsistent security. The court is required to report statistics of any incidents, weapons that are found, etc. to the Supreme Court to show what is occurring and what is being done to ensure safety. Councilmember Johnson agreed security was important, noting the court was not in session full-time. She asked what a full-time security officer would do when the court was not in session. Judge Coburn advised even though court hearings are not full-time, the court is open at the clerk window. For example, the Tacoma Municipal Court, similar to Edmonds is located in the same building as the Police Department, requires visitors to go through security before going to the clerk window. Usually people that come to the Police Department are asking for help, victims of a crime, reporting crimes, etc.; the people who come to the court are alleged to have committed a crime, have committed a crime, are on probation, need to pay fines or submit documents, etc. The court is requiring a demographic that is of greater concern to interact with their staff on a regular basis. Councilmember Johnson summarized the court has a need for full-time security. Judge Coburn answered yes. Edmonds City Council Approved Minutes October 23, 2018 Page 18 Councilmember Fraley-Monillas asked why Judge Coburn's request was rejected. Finance Director Scott James answered all the decision packages were considered. Early in the budget process, it was thought the General Fund balance was being spent down more what was comfortable, and a process was undertaken to cut some decision packages. Court security was one of the decision packages that was cut. Councilmember Teitzel questioned the $45/hour wage when the average is $31/hour. The decision package states the desire to budget for the possibility of choosing a contract with an hourly cost of up to $45/hour. Although $45/hour would be the maximum, he assumed she would seek something more cost effective. Judge Coburn answered that was a range, it could be less than $45/hour. Councilmember Teitzel observed the $33,000 increase was based on the $45/hour rate but it could be less. Judge Coburn agreed. Continued_ Public Works Questions Councilmembers discussed whether to delay agenda items to a future meeting or ask questions regarding the Public Works budget. Public Works Director Phil Williams suggested Councilmembers submit questions in writing to staff. It was agreed to proceed with the agenda items. 8. ACTION ITEMS 1. CONTRACT RENEWAL WITH LIGHTHOUSE LAW GROUP PLLC (LIGHTHOUSE) Councilmember Teitzel recalled the last 4 -year contract was signed in late 2014 and it expires at the end of 2018. The Council needs to consider whether to continue with current contract terms or change them. The first issue to consider is whether there is any problem with cost or quality of the current representation. In his opinion, there was no problem with either the cost or quality of the current representation. Increasingly complex legal issues have occurred in the City and Mr. Taraday and his team provide representation on a wide variety of issues, very detailed nuanced legal representation. In his opinion, the City was getting good value, product and value from Lighthouse. Councilmember Teitzel explained the Lighthouse contract that began in 2015 had a flat monthly fee that increased 4%/year and is currently 42,500/month. He referred to the CPI for the greater Seattle area which indicates the CPI for mid -2018 was 3.4% and trending upward which justifies the 4% increase. He referred to the City Attorney's annual report which was presented in March 2018 which indicates Lighthouse worked 2800 hours for the City in 2017 and billed $532,000 in legal fees which averaged $188/hour. Councilmember Teitzel concluded that was a fairly competitive price. Councilmember Teitzel referred to the current Lighthouse contract and attorney labor rates which range from $260/hour for Mr. Taraday to $175/hour for junior attorneys with hourly rates of $230, $225, $245 for other attorneys. The average weighted rate for attorneys would be higher than $188/hour if the City were paying based on an hourly basis. This issue was discussed by the Finance Committee who concluded the value, performance and legal representation was very good and the committee supported renewing the contract under the current terms of a flat monthly fee with a 4% annual increase over the term of the contract. The contract is reasonable, competitive and a good value. Councilmember Fraley-Monillas said her concern is due diligence. Prior to this Council, there have been discussions about seeking bids from other law firms and hiring in-house city attorney staff which about half the cities do. She was not criticizing the current law firm but felt the decision should be made by the entire Council and not by two Councilmembers on the Finance Committee. A decision this important on a four- year contract should not be made without discussion or due diligence. Councilmember Mesaros recalled in 2014 when the Council was considering the current contract, Councilmembers Johnson and Fraley-Monillas and he created an evaluation form of the services provided by the Lighthouse Group. The evaluation created an opportunity for feedback to Mr. Taraday and his staff Edmonds City Council Approved Minutes October 23, 2018 Page 19 about how their services were perceived by the Directors and City Councilmembers and that dialogue strengthened the relationship. He has been pleased with services Lighthouse provides but agreed it was important to have that dialogue when renewing a contract, similar to an employee review. He agreed with Councilmember Fraley-Monillas' concern that the agenda allocated five minutes to make such an important decision. His concern was not judgment of the services provided by the Lighthouse Group but of the time allocated to consider the renewal of a four-year contract. Council President Nelson said he was not expressing an opinion regarding the job Lighthouse is doing but was concerned with the process. The Council is having this discussion tonight because he asked to have it on the agenda; the Finance Committee reviewed the contract renewal although it was not scheduled on their agenda. It was not on the agenda because the City Attorney advised them it was not necessary to put it on an agenda. The City Attorney was invited to attend the meeting when the contract was discussed by the Finance Committee meeting, but the public was not informed prior to the meeting. A decision was made to put the contract renewal on the Consent Agenda and there was no interaction with the public whatsoever unless they happened to be at the Finance Committee meeting. The 4 -year cost of the contract is $1.8M, something that important should be before the full Council where a full discussion of the merits can be debated. He was very concerned with the process that had taken place and agreed the Council needed more time to discuss this contract renewal. Councilmember Buckshnis pointed out tonight's packet was not complete. The agenda memo from four years ago was very detailed with regard to in-house versus contract City Attorney. The minutes from four years ago do not indicate a plan to seeks bids for City Attorney services as was implied by Councilmember Fraley-Monillas. She offered to assist Councilmember Teitzel in preparing a more complete packet. Four years ago, when evaluations were done, they started in June and only 3-4 Councilmembers completed evaluations. She did not support having an in-house City Attorney because the Mayor could fire at will. Councilmember Teitzel took exception to Council President Nelson's comments that this was somehow an underhanded move by the Finance Committee as the contract is before the full Council tonight for discussion. He referred to page 22 of the 2019 City budget, total compensation for City employees including sales and benefits, the increase in 2017 was 7.0%, 2018 was 5.3% and 2019 was 6.8%, all substantially greater than the 4% annual increase requested by Lighthouse. He reiterated the question whether there is a problem with the current contract terms of a flat monthly rate and 4% annual increase. He personally did not believe there was a problem, but he was willing to go through an evaluation process and have more process. As Councilmember Buckshnis stated, the evaluation process started much earlier four years ago; there is now only two months before the end of the year when the contract expires. He was concerned about the timing if the Council wanted to have more process. Councilmember Fraley-Monillas was appalled the Finance Committee would take this on without the Council President knowing it was coming to the committee. This is an important issue for the Council to debate. She was not concerned about the timing, recognizing the contract can be extended for a year while the Council does its due diligence. Due diligence is more than evaluations although that is part of the process, the other part is looking at other ways. This is the citizens' money and a Council decision. With regard to the concern with the ability for the Mayor to fire at will, other cities have in-house City Attorneys and the Mayor is not allowed to fire and the decision is made by the Council. Councilmember Fraley-Monillas echoed Council President Nelson's concern that this was added to the Finance Committee agenda and was not published as part of the agenda and was then was recommended to be scheduled on the Consent Agenda. She acknowledged the Finance Committee works hard but she felt they had overstepped their bounds this time. She found it unbelievable that the contract renewal would be forwarded to the Consent Agenda when neither the public nor the Council knew anything it. This was all the more reason to have committee meetings recorded so everyone knows what is occurring at the meetings. Edmonds City Council Approved Minutes October 23, 2018 Page 20 Councilmember Mesaros suggested developing a process for, 1) evaluating how to have City Attorney services provided, and 2) evaluating the work performed by Lighthouse. He was confident the evaluation of Lighthouse's services would be positive as he highly respected the services they provide. That process may take six months so there will need to be a short-term renewal of Lighthouse's contract. Councilmember Buckshnis said that process was developed four years ago. She pointed out the audio of the Finance Committee meeting is available. She expressed concern that some Councilmembers were acting like the Finance Committee was hiding something when in fact they were not hiding anything, it just happened. She was uncertain why it was not on the Finance Committee's agenda but recalled both Mayor Earling and Mr. Taraday were present at the meeting. COUNCIL PRESIDENT NELSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED (6-1), COUNCILMEMBER JOHNSON VOTING NO. Council President Nelson thanked Councilmember Mesaros for his suggestion. He agreed an evaluation process needed to be developed and accomplished in a timely manner. There also needed to be a discussion of what to do in the interim; he was open considering a one-year contract extension to accomplish that. He will provide further information regarding a process at a future meeting. 2. ORDINANCE RELATED TO SAFE STORAGE OF FIREARMS AND THE DEFINITION OF LOCKING DEVICE City Attorney Jeff Taraday explained this ordinance amends the two ordinances the Council adopted this summer related to safe gun storage. This ordinance does two things, first, it fills in the definition of locking device. In the initial ordinance, locking device was defined as any device, cable lock, barrel lock, storage container or other device approved of or meeting specifications established by the chief of police by rule promulgated in accordance with Chapter 5.26. The Police Chief and he recommend the Council adopt the list of devices attached to the ordinance which is a comprehensive, detailed list compiled by the State of California that lists over 1,000 permissible locking devices. Second, because the definition is being adopted in October (originally adopted in July), in order to provide additional time for compliance, it is appropriate to extend the 180 -day period of nonenforcement to 240 days; Section 3 of the ordinance states the ordinance would not be enforced until March 21, 2019. Council President Nelson thanked Chief Compaan and Mr. Taraday for their research, information and recommendation. COUNCIL PRESIDENT NELSON MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE ORDINANCE NO. 4131, AN ORDINANCE RELATING TO THE SAFE STORAGE OF AND ACCESS TO FIREARMS, RELATING TO THE REPORTING OF LOST OR STOLEN FIREARMS, AMENDING ORDINANCES 4120 AND 4121, AND DEFINING "LOCKING DEVICE" BY INCORPORATING A LIST OF APPROVED DEVICES. Councilmember Buckshnis asked if the list of locking devices was part of the ordinance. Mr. Taraday answered yes. Councilmember Teitzel recalled when the ordinance was brought forward, there was a notion that I-1639 might be on the ballot; I-639 is on the ballot and polls suggest it has a good chance of passing. If I-1639 passes, he asked if there would be list of locking devices that conflicted with this list. Mr. Taraday answered no, I-1639 provides an affirmative defense if one safely stores a firearm, but it does not require safe storage of firearms. Councilmember Teitzel concluded the list of storage devices will not create issue of conflict with I-1639. Mr. Taraday answered it should not. Edmonds City Council Approved Minutes October 23, 2018 Page 21 MOTION CARRIED UNANIMOUSLY. 3. EDMONDS STREET WATERFRONT CONNECTOR PROJECT Public Works Director Phil Williams advised Sandy Glover, Parametrix, City Engineer Rob English, and he were present to answer questions about last week's presentation. Councilmember Teitzel commented he was pleased with what he saw last week with carving out approximately $2M from the cost of the project, finding that a good value engineering effort. He still has some concern about the total cost of the project and hoped more value engineering would be done in the design phase. He asked when the project would go out to bid if it is approved by Council tonight. Mr. Williams answered there is a lot of design to do. The $6M from the State is not available until mid -2019 although staff will ask for early access to avoid hiccups between the currently planning phase going into design. Ms. Glover answered once design starts, it would take couple years; permitting is one of the longest lead efforts. Councilmember Teitzel recalled the overpass includes planter boxes on the upper portion of the bridge and asked if the cost estimate included irrigation and installation of the planter boxes. Mr. Williams answered yes. Councilmember Mesaros commented this is a monumental moment for the City, looking ahead to solving a problem that he recalled was a hot topic the first weeks he was on the Council in 2014. Now the Council is at the gate of saying yes to taking the next step. Taking the next step does not guarantee when the Waterfront Connector will be built because the funding still needs to be identified. The next step, the design phase, is a crucial step in determining actual costs and provides an opportunity for value engineering. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE HYBRID DESIGN AS PRESENTED AND MOVE FORWARD IN TAKING THE NEXT STEP. Councilmember Johnson clarified the recommendation had two steps, 1) approve the preferred alternative, and 2) begin the 30% design phase. She asked the funding source for the 30% design phase, whether it was the $6M from the State, and what the cost of the 100% design phase would be. Mr. Williams said there was $2.5M in design costs to reach the point of a package to go out to bid. There is some money left from the current funding which can be programmed into moving forward to mid -year if necessary until the funds are available from the State so the process is seamless. Councilmember Johnson asked if the $6M from the State will cover design costs. Mr. Williams answered yes. Councilmember Teitzel commented there has been discussion since last week about what the City is committing to; this is a $25-27M project in total, but the vast majority of the money is state and federal dollars and very little local money. If the City does not proceed with the project, those funds will go to another city or state. Mr. Williams agreed, staff is applying for funds that are available throughout the nation on a competitive basis; projects are ranked and funds awarded until the money runs out. Funding for projects that are not on the list or are withdrawn will go elsewhere. Councilmember Teitzel clarified the funds are not available locally for streets or sidewalks. Mr. Williams answered no. Council President Nelson provided the following comment: To me this is about priorities. Of course we should have reliable emergency access to the other side of the tracks, but the question is should this be our City's number one safety priority, a bridge. To answer that question, I've looked at what has changed since the Council voted to start this project. Changes have been made to public safety, for starters this administration and Council made cuts to public safety, we've lost firefighters and a battalion chief stationed in Edmonds from these cuts. It is hard to respond Edmonds City Council Approved Minutes October 23, 2018 Page 22 to emergencies quickly when your first responders have been cut 25%. A year after these cuts, it's taking our firefighters and ambulances longer and longer to reach emergencies citywide when we have heard that time is of the essence. I've heard repeatedly that safety is a paramount duty, yet we have a fire contract that recommends removing the downtown fire station. I have to wonder what is going to happen next. Are we going to have private ambulance services proposed? Changes since this project was proposed have also happened to our traffic safety. Traffic safety in our entire city is getting worse. In 2017 there were 815 vehicle crashes in our city, that's over two collisions a day, the most in the last five years. We're having a drunk driver arrested every three days and that's the people that are getting arrested. We have 65 miles of roadways without sidewalks. We exceed the statewide average for collisions resulting in serious and fatal injuries to pedestrians. We exceed the statewide average for crashes on major arterials by four times. The number of fatal and severe injuries from crashes has doubled in the last five years from traffic data studied in our city. It is no surprise to me why only 2% of our children bike to school. I keep on hearing that the funds are only for this bridge, if we don't use them they're gone. I'm looking at pedestrianibicycle funding opportunities, U.S. Department of Transportation, Transit Safety Highway funds revised August 9, 2018, lists 16 different federal grants and all kinds of criteria. We could just as easily have staff running around looking for traffic safety grants. We're choosing not to, we're choosing to look for bridge grants and multimodal grants and not these types of grants. We will have more people killed and hurt in traffic -related collisions in our city. I believe this project should be put on hold because we have more urgent safety needs. I believe we should prioritize traffic safety in our city. Imagine a future when our children and our seniors can walk to the park, school, grocery store, to a friend's house and home safely. That is the future we should all be working toward. Councilmember Buckshnis provided the following comment, noting she had also written a letter to the editor: To date the administration has provided glowing remarks as to how well this hybrid connector will assist in transportation issues and 24/7 access. But why don't we look at the more dark side; the massive out -of -scale connector project has created turmoil for the waterfront of Edmonds, the dive park is closed because the waters are so polluted from debris in, on, from and around the connector, the concrete monstrosity and free bathrooms have invited wild parties both on and under the connector. The police force has doubled in size to handle the homeless, transient, increased tourists, increased pedestrian conflicts via dogs, baby strollers, bikes or just mayhem created by skateboarders, hoverboarders or other forms of motorized pedestrian transportation who enjoy the rush of moving down the hill at all hours of the day and night. The connector is now being used by the third ferry as a daily loading and offloading, creating more traffic congestion, more pedestrian accidents, panhandling and of course noise and air pollution. The ambiance of the once quaint Sunset neighborhood and bluff has been destroyed by too many people and too much traffic, pollution, garbage, noise, and concrete and not enough parking. It's an Edmonds kind of day is a cherished slogan of the past. Councilmember Fraley-Monillas provided the following statement: I have spent the last six weeks or so contemplating the bridge over the railroad tracks and the meaning of it to our citizens. To understand, you must be able to go back to the beginning of our current administration's term. The first thing we heard regarding the waterfront was that concerns were being expressed from the State of Washington regarding needing an at -grade separation for ferry loading and unloading. The increase in rail traffic was increasingly causing late ferries and traffic was backing up on Edmonds Way, effecting businesses. The current administration started having meetings about the at -grade separation and the Mayor's beach rally was formed. I attended the beach rally and we looked at a couple of designs that were posted; one came out over the current ferry loading lanes and curved onto Main Street loading the ferry. This was a huge monster that was blocking the view of the waterfront throughout downtown, you could see nothing but concrete. Edmonds City Council Approved Minutes October 23, 2018 Page 23 Next the Mayor had a briefing with many citizens, the press, Senator Cantwell and a number of legislators. At this meeting I was asked by two legislators why I was opposed to this at -grade crossing, it would solve the ferry issue. My simple response was we have a lack of citizen input into the biggest and costliest project that would change the look and feel of Edmonds forever. They agreed citizens should have input. From that came the cry from citizens who refused this overpass because of destroying our waterfront, but indeed citizens started talking about an emergency tunnel to get medical emergencies out in case of a blockage. This was latched onto by this current administration which leads us to the bridge today which will allow for fire trucks, EMTs, foot traffic and boats to unload and load. I ask you all why DOT, State of Washington and the railroad have all contributed funds to the success of this project. I believe this to be another shell game being played, only a matter of time before this emergency access will be used routinely for ferry loading and unloading to benefit DOT, State of Washington and the railroad. All it takes is a change in Council and hundreds of cars running through downtown neighborhoods destroying our way of life, every boat. Then there is the destruction of our beach north of the ferry dock. Imagine looking at Edmonds from the water and seeing this monster of a cement block ruining our beach with water runoff from the road. Environmental groups have all spoken against this bridge. All in the name of emergency. Where is the public comment on this project? We have had no public comment since the final design has been suggested. Two public hearings in total. A number of open houses and when I asked when the roadshow was going into the neighborhoods, I was told they did on 4t' Ave for the neighborhood affected. So again, nothing out of the bowl. I would think for the biggest, costliest and beach altering project that Edmonds has ever taken on, the citizens have a right to speak and that includes areas outside the bowl. Speaking of emergency, let me talk about the promised work on Highway 99. As most of you know, I have been banging the drum and keeping the highway at the forefront of people's minds since I came on Council in January 2010. Out of close to a $100M project, we have raised $10M to start the work over 5-10 years in our future. Where is all the concern with this area? Need I remind you that we are prioritizing a $25M bridge to nowhere because of potential emergencies and we have in our midst a 2.5 -mile 7 lane (in some parts) highway that has actually killed citizens trying to get across it. Every year people are hit by cars and injured trying to get across the under -developed highway. We have prostitution drug dealers, homeless encampments and needles; stealing from businesses; and the highest crime in Edmonds to include burglary, property theft, problematic hotels and drunk driving. We have lack of sidewalks, lighting, and generally we have police officers stationed along the corridor. This administration did make a road cut through on 228' and Highway 99 that will lead directly to the new Sound Transit 3 station; the mayor serves on the board of Sound Transit. This cut -through has caused our neighborhoods to turn into drag racing cutting through the area in local neighborhoods without sidewalks or adequate lighting. We are the working-class neighborhoods in Edmonds and we are the neighborhoods of diversity. Perhaps this is why we are not a priority for this administration. The bridge to nowhere has taken thousands of hours of staff time to develop. That costs taxpayers money because they are unable to work on other important projects so there has been an extreme cost to our citizens. If this administration cared enough about the citizen neighborhoods along the corridor as much as they care about assisting the ferry loading and unloading, we would be well on our way to a better Edmonds for everyone. I am unable to support this project as a priority. Councilmember Tibbott said he has made a number of comments in support of the bridge project. He was shocked at the comparison of this bridge with Highway 99. The City is in the study phase of Highway 99 and recently approved a plan and is making good progress which he expected would continue as development occurs and the study of projects to promote for Highway 99 was completed. He did not see a Edmonds City Council Approved Minutes October 23, 2018 Page 24 comparison between the two projects and supported moving forward with the approving the design phase for the Waterfront Connector. Councilmember Fraley-Monillas said the Highway 99 project has been worked on since 2010 and the City is only to the design process. She has heard people saying the Waterfront Connector design should be done lickety-split with the $6M in available funding, all while people are injured and killed on the Highway 99 corridor. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS JOHNSON, MESAROS, TEITZEL AND TIBBOTT VOTING YES; AND COUNCIL PRESIDENT NELSON AND COUNCILMEMBERS FRALEY-MONILLAS AND BUCKSHNIS VOTING NO. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXTEND THE MEETING FOR FIVE MINUTES. MOTION CARRIED (5-2), COUNCILMEMBERS BUCKSHNIS AND JOHNSON VOTING NO. 9. REPORTS ON OUTSIDE BOARD AND COMMITTEE MEE Due to the late hour, this item was omitted from the agenda. 10. MAYOR'S COMMENTS Mayor Earling reminded the Hekinan delegation will be in the City here next Monday. He displayed a list of public events occurring during their visit: • Monday October 29 — Arrival Day o Mayor's Reception 2 pm @ hotel • Wednesday, October 31 o Keiko Sakakibara Memorial Dedication — 11:45 am @ Centennial Plaza o Chamber Trick -or -Treating 5-7 pm o Halloween Party Thursday, November 1 — 30th anniversary reception Saturday, November 3 — departure day Mayor Earling reported the Edmonds Center for the Arts auction last weekend was a great success, raising $450,000. 11. COUNCIL COMMENTS Councilmember Buckshnis wished Peggy Peterson, who passed away Sunday morning, rest in peace. Her last event was at the ECA. Councilmember Teitzel reported he was in Pullman this weekend; it was a great day to be Cougar. Councilmember Mesaros said the ECA auction on Saturday night was a wonderful event for the City. The City benefits from the opportunity to enhance arts in Edmonds. Councilmember Johnson thanked Mayor Earling for inviting the Council and the public to the Hekinan delegation events. She wished everyone a Happy Halloween. 12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. Edmonds City Council Approved Minutes October 23, 2018 Page 25 13. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 14. ADJOURN With no further business, the Council meeting was adjourned at 10:33 p.m. L� J F S . -A c DAVID 0. EARLING, MAYOR PASSEY, CITY L Edmonds City Council Approved Minutes October 23, 2018 Page 26