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20190805 City Council Special MeetingSPECIAL EDMONDS CITY COUNCIL APPROVED MINUTES August 5, 2019 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Adrienne Fraley-Monillas, Council President Michael Nelson, Councilmember Kristiana Johnson, Councilmember Thomas Mesaros, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember ELECTED OFFICIALS ABSENT Diane Buckshnis, Councilmember CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Shane Hope, Development Services Director Scott James, Finance Director Shannon Burley, Deputy Parks & Recreation Dir. Kernen Lien, Environmental Program Mgr. Emily Wagener, HR Analyst Steve Fisher, Recycling Coordinator Tom Brubaker, City Attorney's Office Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5" Avenue North, Edmonds. The meeting was opened with the flag salute. Mayor Earling asked for a moment of silence to honor the victims of the tragic shootings that took place over the weekend. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Councilmember Buckshnis. 3. APPROVAL OF AGENDA COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO APPROVE THE AGENDA, MOVING STUDY ITEM 8.1, CLIMATE GOALS PROJECT UPDATE, TO ITEM 7.1 AND RENUMBERING THE REMAINDER OF THE AGENDA. MOTION CARRIED UNANIMOUSLY. 4. AUDIENCE COMMENTS Stan Gent, Edmonds' Interfaith Climate Action (ICA), explained ICA is an interfaith organization that brings together people from diverse faith traditions to speak for the moral imperative of protecting the earth. Advocating for prompt action to address the impact of climate change is their primary purpose at the present time. The City of Edmonds recently completed its carbon emission inventory for 2017, the last year for which data was available. The certified company the City hired completed the study in accordance with industry standard methodology. ICA commends the City for taking this step and offers the following friendly observations as the City makes decisions about what actions to take next: ICA believes that the Edmonds City Council Approved Minutes August 5, 2019 Page 1 inventory, the first the City has taken using current industry standard methodology, recognize prior studies conducted in 2000 and 2005. With the addition of a per -capita goal, this inventory would make a good baseline to allow accurate measurement of progress toward carbon emission reduction goal set by the City. The City should track carbon emissions on a regular basis and report on the success of meeting those targets, establish an ongoing budget item to maintain accurate carbon emission data each year, set emission reduction consistent with the accepted world target of limiting an average temperature rise to 1.5°C, establish adequate annual budget amounts to meet the targeted emission reduction plan, establish permanent taxpayer incentive programs to encourage citizens to take steps to reduce their carbon emissions similar to the type of tax incentives provided by the federal government for home energy efficiency improvements for example, create a typical design for existing and new Edmonds' homes that would meet the carbon emission and clean energy standards so homeowners can see what carbon free, clean energy home might look like in the future. He referred to the cost of buying offsets and suggested the Council include it in the budget, funded via taxes and distribute it to citizens to encourage the actions he described. David Preston, Port of Edmonds, invited Councilmembers to the Port to see Sea Jazz, high school students from the Edmonds School District, who perform on the waterside of Anthony's Sunday afternoons 1-3 p.m. and Wednesdays 5 — 7 pm. Roger Hertrich, Edmonds, recommended the Waterfront Connector be moved south to the Unocal property, combined with a future ferry terminal. He anticipated the Save the Beach group would support that plan due to Washington State Ferry's future expansion plans which will impact other Edmonds beaches. He recommended the Council discuss the issue of moving the ferry terminal south combined with the Waterfront Connector and saving the beaches. 5. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JULY 12, 2019 2. APPROVAL OF COUNCIL MEETING MINUTES OF JULY 23, 2019 3. ACKNOWLEDGMENT OF CLAIM FOR DAMAGES 4. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 5. APPROVE UPDATED CONTRACT FOR JERRIE BEVINGTON 6. REPORTS ON OUTSIDE 110AEiD AND COMMITTEE MEETINGS Councilmember Teitzel reported the Lake Ballinger Work Group meeting included a report about water quality monitoring this summer; low oxygen levels in the lower portion do not support fish and efforts are underway to improve oxygen turnover. Summer water temperatures are also quite high which are harmful to fish and it is hoped that can be mitigated by additional churn in the lake. As milfoiI in the lake is removed, monitoring will be done to determine if that improves water conditions. A chemical treatment, ProcellaCOR, approved by the Department of Ecology that is safe for fish and humans will be applied to half the lake (west and north sides) this summer and the other half of the lake next year. Three treatments will be applied in July, August and September; no restrictions on swimming or fishing will be in place during applications. They are also focusing on restoration of Hall Creek which flows into the lake from the east; Mountlake Terrace is taking the lead. The Corps of Engineers is working on a project to change the Edmonds City Council Approved Minutes August 5, 2019 Page 2 course of the creek to meander in a more natural manner, adding boulders and logs to improve fish habitat. Construction will begin in 2021. Councilmember Teitzel reported the Puget Sound Regional Council (PSRC) Transit Oriented Development (TOD) is working on draft Vision 2050. The main goals are for 75% of new jobs created by 2050 and 65% population growth to be absorbed in urban centers and near high capacity transit terminals. The forecast calls for 1.5M new population in the Puget Sound region by 2050, an amount larger than the City of Seattle. The meeting included discussion regarding bus rapid transit (BRT) in the Vision 2050 plan; there are currently 8 BRT routes in the area which will increase to 42 by 2040. Councilmember Teitzel reported on the Port of Edmonds, the marina and Harbor Square is near capacity in and the Port is doing well financially. The Port is working on repairs to a wooden portion of the mid -marina breakwater that is rotting. The Port is also working on repairs to the south public boat launcher which has experienced a lot of issues recently. The Port is doing a grind and repaving of the southern portion of the Harbor square parking lot this summer. The first annual Family Day at the Marina in June which included classic yacht displays, jazz bands, food trucks, kid activities, and marine biology displays was very successful and will be done again in 2020. Councilmember Nelson reported the Youth Commission has taken a keen interest in the City Council, watching and studying the topics the Council has been discussing and they are interested in developing a platform to provide youth -centric feedback on topics including quarterly youth forums as well as releasing statements on current events in the City from their perspective. The Youth Commission participated in the annual Edmonds sand sculpture competition at Marina Beach and won in the organization category with their sculpture, Spirt of Edmonds. The Youth Commission is very interested in the Climate Goals Project and he anticipated the Council would hear the Commission's opinion on that subject. Council President Fraley-Monillas reported the Diversity Commission participated in 4' of July parade and will be meeting tomorrow. The Health District is considering acquiring land off 128' in conjunction with other public agencies such as the library and the Boys & Girls Club in a development called the Mariner Campus. The Health District is hiring a permanent health officer and an administer. Councilmember Mesaros reported the SeaShore Transportation Forum meeting included discussion regarding impending changes to Metro Transit routes in the north end of King County in light of the opening of the light rail station at Northgate as early as March 2020. A number of bus routes will no longer go into downtown Seattle and instead will drop riders at rail stations which will relieves some transit congestion on I-5. The meeting also included discussion regarding deterioration of the 60 year old pavement on I-5 from JBLM to Mt. Vernon which will cost billions to address. Councilmember Mesaros reported the SN0911 Board meeting is considering aspects of the news SERS network; taxpayers in Snohomish County approved a bond issue to fund. A contract has been awarded to Motorola but has not yet been signed. The Board also resolved some personnel issues related to the SN0911/SERS merger. Councilmember Mesaros reported the Edmonds Public Facilities District was founded in 2008 with much of their funding from sales tax revenue. He recalled sales tax projections were not realized due to the recession and the City has assisted the PFD through that transition. At the end of 2019, the EPFD began paying those funds back to the City. At their recent meeting, the EPFD received a clean audit; their financial gain from 2017 to 2018 was $711,000, a big turnaround which benefits the City and its citizens. Councilmember Tibbott reported the Economic Development Commission (EDC) discussed the new shuttle operating during August between 11 a.m. and 6 p.m. The EDC heard a preview of the audio Edmonds City Council Approved Minutes August 5, 2019 Page 3 announcement informing drivers in the ferry lane of things they can experience in Edmonds. He reported on the Alliance for Housing Affordability meeting which included discussion regarding HB 1460, a state program that impowers cities to fund affordable housing options. 7. STUDY ITEMS 1. CLIMATE GOALS PROJECT UPDATE Development Services Director Shane Hope introduced Mark Johnson, ESA; Kernen Lien, Environmental Program Manager; Steve Fisher, Recycling Coordinator; and Cynthia Pruitt, Climate Protection Committee Co -Chair. She also recognized several members of the Climate Protection Committee in the audience. Ms. Hope acknowledged that climate change is real, it is a climate crisis and goes beyond the terribly sad photos of starving polar bears while the ice melts and is present in our region, likely to get worse unless something dramatic happens and will have more effect on future generations than anything else. Examples include wildfires, smoke, and the damage caused to buildings and communities; increased flooding; ocean acidification and harm to aquatic wildlife and plants including orcas, salmon, etc. Ms. Hope said the Mayor recognized this important connection by joining the Mayor's Climate Action Group and the City Council recognized it with Resolution 1389: which states climate changes poses a grave threat to the health and wellbeing of this and future generations in Edmonds and beyond, according to the World Health Organization, human -caused climate change is already killing some 150,000 people every year around the world, people of color, immigrants, refugees, economically disadvantaged residents, older people and children, people who are homeless and people with existing mental or health conditions will experience climate change disproportionately. The 2015 EPA report on climate change in the U.S. states that global action on climate change would prevent nearly 70,000 premature American deaths annually by the end of the century while sparing the country hundreds of billions of dollars in economic losses. Washington State has already experienced long term warming, more frequent nighttime heat waves, sea level rise along most of Washington's coast, increased coastal ocean acidity, decline in glacial area and spring snowpack. The State Department of Ecology reported that human -cause climate change poses an immediate and urgent threat. Economists have concluded that Washington families and businesses are likely to incur billions of dollars of annual economic costs if Washington state and other states in the nation fail to drive reductions in climate change and greenhouse gas pollution. These economic impacts include increased energy costs, coastal and storm damage, reduced food production, increased wildland fire costs and increased public health costs. Ms. Hope said the underlying question and direction sought from the Council is what else has been learned about climate change and what is the City willing to do about it. Following on prior Council direction, the team has been doing it's homework. She recalled at a January 2019 meeting, a presentation was made about the greenhouse gas inventory; that inventory pointed out the biggest source of local emission of greenhouse gases is from transportation, meaning vehicles powered by fossil fuels. The next biggest source was residential buildings followed by commercial buildings. These findings are similar to findings in other areas of Washington. Clearly if Edmonds is going to be part of the solution, it needs to deal with transportation and building efficiency as well as many lesser, though still important, sources of greenhouse gases. Mr. Johnson reviewed: GHG Inventory o Fossil fuel inventory (local) ■ Local fuel combustion o "Local" inventory ■ Fossil fuel emissions ■ Imported electricity ■ Waste emissions Edmonds City Council Approved Minutes August 5, 2019 Page 4 ■ Fugitive emissions (refrigerant gases, local natural gas loss) o Local + Household Consumption (local + imported) ■ Local emissions ■ Emissions from imported food, goods and use of services (fertilizers, production, transportation)—Upstream fuel production Local emissions 0 305,962 MT CO2e 0 7.2 MT CO2e per capita o Buildings (residential) 35% o Buildings (commercial) 15% o Transportation 40% o Waste 2% o Refrigerant Loss 6% o Buildings (industrial) 2% Comparison of local emissions + household consumption -related emissions (imported) o Emissions from the production of imported food, goods, and energy consumed by the Edmonds community are larger than sources of local emissions Setting a Science -Based Target Science -based Targets Target Celsius 10 1.50 2° Fahrenheit 1 1.80 12.70 13.60 o A science -based climate target sets a rate of climate action that is aligned with keeping average global temperature increases below a specified level of increase compared to pre -industrial temperatures. o Keeping global temperature increases below 2°C will allow the majority, but not all, of the global population to avoid the worst social and economic effects of climate change (Paris Agreement) o The average temperature of the earth is approximately 1.2°C higher today than at the beginning of the industrial revolution. • What are the options? What rates of GHG reduction are required: o Climate Protection Committee (CPC) preliminary consensus is 1.5°C target ■ Net zero carbon footprint by 2050 Strategies and Policy Gaps o Reviewed City planning and policy documents o Found over 300 measures that pertain to climate action o Recommended 6 new measures under existing categories (Transportation, Land Use, and Buildings) o Added a new category —Wastewater with 4 measures recommended Strategies for o Selected 10 strategies to focus on and track o Built a tool for estimating results o With staff and CPC, developed preliminary goals for each strategy Edmonds City Council Approved Minutes August 5, 2019 Page 5 Target +1.0°C 350 ppm +1.5°C 400 ppm +2.0°C 450 ppm Average Annual Rate of Reduction to Meet Tar et (rounded) 8% 5% 2% Annual Reduction com ared to 2010 (values are rounded for simplicity) By 2020: 15% 13% 10% By 2030: 70% 50% 35% By 2050: 100% 100% 80% o Climate Protection Committee (CPC) preliminary consensus is 1.5°C target ■ Net zero carbon footprint by 2050 Strategies and Policy Gaps o Reviewed City planning and policy documents o Found over 300 measures that pertain to climate action o Recommended 6 new measures under existing categories (Transportation, Land Use, and Buildings) o Added a new category —Wastewater with 4 measures recommended Strategies for o Selected 10 strategies to focus on and track o Built a tool for estimating results o With staff and CPC, developed preliminary goals for each strategy Edmonds City Council Approved Minutes August 5, 2019 Page 5 • 10 Stratev,ies to Track CAP Metric Strategy TR -1 Additional Units in Commercial and Multi -Family Centers by 2035 and 2050 Number of housing units builtin activi centers TR -2 Percent of Commuters Using Transit by 2035 and 2050 Percenta e of commuters using public transportation (avoided VMT) TR -3 Percent of Commuters Walking or Biking to Work by 2035 and 2050 Percentage of commuters using an active mode of transportation (avoided VMT). TR -4 Percent of Commuters Carpooling and/or Utilizing an Alternate Work Week by 2035 and 2050Percentage of commuters carpooling, telecommuting, and/or working shorter weeks and longer hours avoided VMT). TR -5 Percent of Electric Vehicles by 2035 and 2050Percentage of Citywide fleet that is BEV and PHEV avoided VMT). W-1 Reduction in Solid Waste Generation by 2035 and 2050Change in amount of solid waste generated per capita as compared to 2017 levels EY -1 Number of New Residential and Commercial Solar PV Systems Installed by 2035 and 2050 Number of homes and businesses that installed solar PV since 2017 EY -2 Percent of Residential and Commercial Area Retrofitted by 2035 and 2050The total residential and commercial area (in square feet) that is upgraded with energy efficiency programs/ opportunities. Savings from 2017 Improvements to Wastewater Treatment Plant Amount of electricity and fuel oil saved from 2017 efficiency improvements to wastewater treatment plant EY -3 Percent of New, LEED-Certified Residential and Commercial Development by 2035 and 2050 Percentage of new development since 2017 that is built LEED-certified EY -4 Number of Trees Planted by 2035 and 2050Number of trees planted citywide since 2017 • Identifying "business as usual" (BAU), GHG reduction goals and the gap o Graph of emissions comparison: BAU forecast, target emissions and planned reductions 2015- 2050 • Reductions by Sector o GHG Reductions by Inventory Sector— Progress Toward 2035 Target ■ Graph comparing 2017 emissions and reductions by sector: energy, transportation, waste, target gap and remaining footprint in 2035 • Visualizing progress o Pie graphs to visualize progress in transportation and energy MTCO2e reductions • Addressing the gap o The 10 strategies are not the only actions the City plans to take o Largest gaps projected for Transportation and Residential Energy o Market forces, and federal and state regulations will help ■ All auto manufacturers are expanding electric vehicle production, driven by European and Asian markets ■ Federal auto efficiency standards will reduce GHG emission per vehicle mile traveled ■ State Clean Energy bills will decarbonize the state electric grid by 2050, and continue incentives ■ Solar power costs are expected to continue to fall ■ Heat pumps already cost less than gas furnaces to operate ■ Sequestration technology is being developed Edmonds City Council Approved Minutes August 5, 2019 Page 6 Ms. Hope reviewed: ■ Anticipated Next Steps o August ■ Review of Target and Strategies form Climate Protection Committee ■ Discussion of public outreach o Fall ■ Conduct outreach ■ Draft CAP ■ Finalize GHG tracking tool ■ Public open house and other outreach on draft CAP recommendation o Winter ■ Draft work plan for implementation of CAP ■ Additional public outreach ■ Council hearing and adoption of updated CAP o 2020 -ongoing ■ Implementation of workplan Ms. Hope asked for the Council's input/direction on the CPC's recommended target of 1.5°C by 2050 and engaging the public on strategies and action measures. Councilmember Mesaros commented this was not good news and asked what surrounding communities were doing to address this, commenting on the importance of the City being part of a collective to accomplish this. Ms. Hope answered Everett and Shoreline are working on this and several other cities are working on climate action and sustainability including Mountlake Terrace. Edmonds is a leader in this as well as other environmental issues. She agreed Edmonds alone could not make the difference but could do its part and influence others. Councilmember Mesaros agreed Edmonds doing its part and being a leader was a key factor. Councilmember Mesaros referred to the BAU slide and asked what goals would be necessary to exponentially move the planned reduction line to a greater significance and whether the CPC had thought about that and whether Mr. Johnson was aware of what those goals would need to be. Mr. Johnson replied in the transportation realm, the lion's share of things that this community can affect are getting land uses aligned so that people can live in places they are not so dependent on combustion based transportation; whether that's living in a place where they can walk instead of drive or live near transit. The other thing is electric vehicle adoption. There is a lot of pessimism in the United States around an aggressive adoption of electric vehicles, yet there are also people who think it will happen and that people will love electric cars. Many people who have electric vehicles say they cannot believe they once drove a combustion based vehicle. The expected penetration of electric vehicles is fairly low and there would need to be a more aggressive adoption to influence the planned reduction. Councilmember Mesaros said the City has a Transportation Benefit District that institutes a fee on vehicle licensing. It would be interesting to see if a significant reduction in those fees for electric vehicles would encourage/incentivize electric vehicles. Ms. Pruitt commented community members can make lifestyle changes such as reducing consumption because consumption creates greenhouse gases in other nations and areas where products are produced. Another way is to not eat meat. Ms. Hope said the CPC has discussed the importance of not only what the City does but also providing information to get citizens excited/interested. Councilmember Mesaros said becoming a more walkable city is key; for example, instead of taking five vehicular trips, reducing it to two and walking on the other trips. Councilmember Mesaros referred to the market forces and federal and state regulations slide, recalling he read that the federal government planned to lower restrictions adopted by the previous administration which Edmonds City Council Approved Minutes August 5, 2019 Page 7 moves this effort in the wrong direction. Mr. Johnson said even those lowered restriction will help move in the right direction; the auto industry also supports continuing to tighten efficiency standards. Councilmember Mesaros said the article he read indicated there may be two standards developed with some states having a higher standard; the auto makers may self -regulate at a higher level. Councilmember Mesaros concluded the information is sobering; the City doing its part and being a leader is crucial. Councilmember Nelson agreed with the CPC's recommended target of 1.5°C. Last year's report from the International Panel on Climate Change was specific regarding what happens when there is a target of 1.5°C versus 2°C, and what that 0.5°C would do: 1.7 billion more people would experience severe heatwaves once every five years, up to 700 million more people would be exposed to climate related risks and poverty, the coral reefs through the world would decline by as much as 99%, and global fishery catches would decline by 1.5 million tons. With regard to the gap (50,000 metric tons in 2035), Councilmember Nelson highlighted what the City can do such as 600 solar residential houses, 9,000 electric vehicles in 16 years. He expressed interest in a path/mechanism to make those a reality and asked what help would be necessary to make those goals a reality instead of an aspiration. For example, King County has a climate group; he did not believe Snohomish County had a similar group. Councilmember Teitzel echoed Councilmember Nelson's desire to have goals that were aggressive in moving toward the 1.5°C target, but also achievable. He recalled two key elements in Resolution 1389, passed in 2017, one of which was 100% renewable energy from municipal facilities in Edmonds by 2019. Ms. Hope advised that had been achieved by purchasing energy credits. Councilmember Teitzel said energy credits concern him because they are an esoteric, nebulous concept that may be an investment in future energy installations like wind farms, solar arrays, etc. When goals like that were set, he asked should the public be involved in determining whether to invest money in things like that or potentially creating local incentives for additional solar installations, a way to directly impact the target as a City versus investing in a regional solution. Resolution 1389 also includes a target of 100% renewable energy for the entire City's community electric supply by 2025, a very aggressive goal. He was not certain that could be achieved without buying energy credits and questioned whether citizens supported that or another path that may be more direct and measurable. Ms. Hope said that is still being worked on; it is important to reduce the City's carbon footprint both in reality and on paper. The City cannot accomplish the 100% renewable energy for municipal facilities by itself and plans to continue partnering with energy providers and new legislation. The City is also open to ideas from the public and the Council. Councilmember Teitzel recalled during a recent report, Ms. Hope reported solar permits issued in 2018 had declined fairly dramatically from previous years. He asked if that trend continued and how that trend could be changed. Ms. Hope answered solar permits have declined because the easy ones were accomplished. There was also a campaign in the past that provided incentives. She said the implementation strategy includes making choices about steps and investments and identifying partners. Councilmember Tibbott referred to the BAU, GHG reduction goals and the gap slide, recalling the City's streetlights were recently converted to LED and asked if that was a BAU function or a planned reduction and how that helped the City meet its goals. Mr. Johnson said he was unaware of when that occurred; if that occurred since the end of 2017, the forecast would not have taken that into account. If it occurred in 2017 or before, it would be reflected in the forecast. Mr. Williams advised it was implemented in 2018. Mr. Johnson said there are things the City is doing, but there is not a good way to measure the benefit so it was not reflected in this report. If those numbers are available, they could be added to the chart and adjust the BAU emissions line down. For example, the GHG savings for a planned change at the WWTP is not yet known. Edmonds City Council Approved Minutes August 5, 2019 Page 8 Councilmember Tibbott said the technology that will be implemented at the WWTP should significantly reduce the amount of energy use. He asked which line that would impact on the BAU, GHG reduction goals graph. Mr. Johnson answered it would affect the planned reduction line downward. Councilmember Tibbott commented that was good news for the City, infrastructure improvements that also improve greenhouse gas emissions. Councilmember Tibbott referred to deferred maintenance, noting one of the needed improvements is changing HVAC units on most buildings. He asked if that was a significant source of improvement. Mr. Johnson answered in the long run, that type of efficiency is a big thing and every building needs that kind of improvement. The City itself doesn't represented a very large piece of the total picture; the amount of energy City buildings consume is dwarfed by other residential and commercial buildings. Councilmember Tibbott said his family realized significant savings from replacing aluminum windows with vinyl double pane. He commented deferred maintenance in City buildings is an investment that will make a difference. Mr. Johnson said providing incentives and information to citizens, such as the value of replacing windows, is important. It is important for citizens to include energy efficiency when maintaining their homes. Council President Fraley-Monillas agreed with the CPC's recommended 1.5°C target. She recalled a former citizen who promoted solar panels and solar arrays on municipal buildings. The City has solar panels on Frances Anderson Center and there were plans for panels on other buildings. That citizen passed away and his work should be continued. She supported forming a regional group to avoid reinventing the wheel, partnering on projects, etc. She asked if PSRC had a regional group. Ms. Hope said PSRC has talked about the issue but she was uncertain if a group had been formed although she anticipated there would be discussions associated with Vision 2050. She was also interested in partnering with Shoreline who has done work in this area. Ms. Hope said she assumed the Council's direction was to move forward at least tentatively on the 1.5°C target, get more public input, and work on next steps. Mayor Earling thanked the five members of the CPC in the audience, recognizing their work in bringing this project forward. 8. ACTION ITEMS 1. REPORT ON BIDS FOR THE DAYTON STREET STORMWATER PUMP STATION PROJECT AND CONTRACT AWARD Public Works Director Phil Williams reviewed: • Photographs of flooding on Dayton Street o This project will resolve nearly all that flooding • Project Scope o Install 9.4 cfs (4,233 gallons per minute) pump station 0 200 feet of force main to connect the pump to existing outfall o New baffle manholes to divert stormwater from Dayton Street and Salish Crossing into the Dayton pump station o New generator • Aerial of the pump station location o New control panel and generator (above ground) o New pump (underground) o New power conduits (underground) o New force main (underground) • Bid Results Edmonds City Council Approved Minutes August 5, 2019 Page 9 Contractor Bid Results Amount BOSS Construction $1,529,420 Shoreline Construction $1,849,440 Engineer's Estimate $1,324,532 • Construction Budget Item Utility Project Contract Award $1,529,420 Construction M mt, Inspection & Testing $310,676 Historic Preservation & Archeological Observation $24,565 PUD Permittin $25,000 Management Reserve (15%) $229,413 Total $2,119,074 ■ Construction Funding Item Utility Project State Appropriation $515,000 Snohomish County PW Loan $545,000 Stormwater Utility 422 $920,20 Stormwater Utility (422) Transfer from Dayton 3rd -9'1' $200,000 Total $2,180,205 Staff Recommendation o Award a contract to BOSS Construction for $1,529,420.20 o Authorize a 15% Management Reserve of $229,413 Council President Fraley-Monillas asked what a force main is. Mr. Williams answered there are two types of mains, a gravity main where water flows downhill; a force main is a pump that pushes water. In this project, there will be a force main to a certain point until it enters the system near Olympic Beach Park and goes through the concentrator and out to Puget Sound. Council President Fraley-Monillas asked if the City is experiencing more and more bids that are over the engineer's estimate. Mr. Williams answered that was true lately. Council President Fraley-Monillas said it seemed like it was a new thing in government where projects were underbid and then cost overruns, noting the 15% reserve on this project. Mr. Williams explained the hope is the 15% reserve won't be needed but experience shows some of it will be necessary due to unknowns and associated costs when the contract is awarded. Council President Fraley-Monillas commented it seemed no matter where projects were located, the cost exceeded the estimate. Mr. Williams said the construction market has gotten very frenzied; the City does not receive as many bids, bidders do not spend as much time preparing the bids, they include extra risk money and have multiple projects occurring at the same time. That will correct itself over time when the economy turns. Councilmember Teitzel observed it appeared the location of the pump station was on the edge of the parking lot and asked if any parking stalls would be lost, noting parking is at a premium in that area. Mr. Williams answered probably two parking spaces would be lost. Councilmember Teitzel referred to the statement in the agenda memo, "Without the pump station, the Willow Creek Daylight project could not proceed without either assuming additional liability and costs for impacts of increased tidal inflows (such as increased flooding of private property), install a tide gate, or Edmonds City Council Approved Minutes August 5, 2019 Page 10 wall in all sides of the marsh with levees," noting there has been discussion about whether the installation of the pump station will be part of the Willow Creek daylighting project in terms of allowing tidal inflow to occur and without the pump station, there will be problems with the Willow Creek Daylighting project. Mr. Williams answered that is correct. Flooding occurs during very intense rain storms or snowfall melt and it is unknown whether that water comes from Shellabarger Creek and was unable to enter the marsh at a high tide and bubbles up in the street at Dayton or whether it is runoff from Salish Crossing or Harbor Square. It simply flows together in a large pool of impounded water. The pump station will put most of the water out through a force main to Puget Sound, keep a fair amount from going into the marsh which then allows Shellabarger Creek to flow into the marsh and still end up with saltwater exchange in the marsh during those times with the tidegate removed. There would not be as much saltwater exchange during storms. Councilmember Teitzel asked for confirmation that without installing the pump station, the Willow Creek Daylighting project would not function as anticipated or as it should. Mr. Williams agreed. Councilmember Teitzel concluded the pump station installation directly contributes to the Willow Creek Daylighting Project. Mr. Williams said it is a necessary antecedent project, something that should be done before the tidegate is removed. Councilmember Teitzel asked if there were two tidegates, recalling discussion about the 180 tidegate in the PPW Committee that is located on Unocal property that the City cannot access. He asked if there was another tidegate on Port property that the City can access. Mr. Williams said there are two rusty culverts, one of which has a gate on it, the other is an open culvert and both are open. They are both in an embankment with dirt over them which is an impediment to the saltwater/freshwater exchange during the tidal cycle. The tidegate at Admiral that is about 15 feet down can be opened and closed and the desire is to leave it open. Once the daylighting occurs, the channel will be open to Puget Sound and nothing would impede the exchange. The extensive funding for that project has not yet been identified. In the meantime, better saltwater exchange could be accomplished by leaving the tidegate open and the Dayton Street Pump Station project is necessary to stop flooding which will give the confidence to leave the tidegate open under almost any condition. Councilmember Teitzel clarified the 180 gate on Unocal property could not be removed until that property transfers to WSDOT. Mr. Williams answered not necessarily, staff is in contact with the State who does have access; WSDOT has a purchase and sale agreement with Unocal that states the State retains the right to access the property for almost any purpose and allows the State to authorize others to do so. Staff is working with WSDOT on obtaining access. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO AWARD THE CONSTRUCTION CONTRACT TO BOSS CONSTRUCTION, INC. IN THE AMOUNT OF $1,529,420.20 AND AUTHORIZE A MANAGEMENT RESERVE OF $229,413 (15%) FOR UNFORESEEN CIRCUMSTANCES. MOTION CARRIED UNANIMOUSLY. 2. WATERFRONT REDEVELOPMENT CONTRACTS -AUTHORIZATION Deputy Parks & Recreation Director Shannon Burley distributed W.G. Clark's proposal. Public Works Director Phil Williams summarized the request is the approval of three contracts that will facilitate the start of construction on the Edmonds Waterfront Redevelopment project. He reviewed: • Project Scope o Demolition of existing parking lot bulkhead o Realigned concrete walkway and seawall o Two concrete staircases and ADA ramp to beach o Restoration of shoreline habitat o Bioretention planters for treating stormwater Edmonds City Council Approved Minutes August 5, 2019 Page 11 o Asphalt parking lot with 71 parking stalls (77 existing) o Frontage improvements along Railroad Avenue o Benches, bike racks and drinking fountain o Landscaping with irrigation system Project Schedule o Construction Schedule ■ Phase 1 (2019 summer to 2020 spring) - Begin in -water work during 7/16/19 to 10/145/19 fish window - Walkway, seawall, ramp, bioretention planters, parking lot and frontage improvements ■ Phase 2 (2020 summer to 2020 fall) - Finish in -water work during 7/16/20 to 10/15/20 fish window - Bulkhead demolition, staircases, shoreline restoration and landscape plantings Project History o City Council voted to fund the Senior Center's 50% share of the parking lot and the entire frontage (additional $933,000) in November 2018 o On 5/9/19, the City received two contractors bids for $3,647,550 and $4,181,306 ■ C.A. Carey's low bid was determined to be nonresponsive due to the omission of their ESD number ■ A-1 Landscaping's bid was determined to be nonresponsive due to the omission of the Contractor Site Sharing Information Form o Since both bids were nonresponsive, City Purchasing Policies allow for a negotiated bid with any contractor of the City's choosing. The City approached W.G. Clark since they were already selected for the Waterfront Center building ■ W.G. Clark's negotiated bid proposal is $30,412 less than the previous low bid 2019 Design Budget Item Expenses Environmental Works (Eworks) Design Contract $239,262 City Staff Time - Design & Bidding $30,50 Buildin Permits $16,000 Advertising $1,741 Total $287,563 • 2019-2020 Construction Budget Item Expenses Contract Award $3,617,087 Management Reserve Q5%) $542,560 Eworks - Construction Support $178,465 KBA - Construction Mana ement $189,500 Ci Staff Time - Construction $135,000 Landau - Geotech Special Inspection $16,900 Ma es - Steel Special Inspection $9,800 Herrera - Technical Assistant $4,000 Artwork Contract $24,400 1 % for Art $24,921 Total $4,742,633 • 2019-2020 Project Fundis Item Fundis REET (Fund 125) $1,219,800 REET (Fund 126) $853,466 Park Impact Fees $1,100,000 WWRP $500,000 Edmonds City Council Approved Minutes August 5, 2019 Page 12 ALEA $500,000 Snohomish County $125,000 Total $4,298,266 • Bridging the Cap - Expenses Item Expenses 2019 Design n $287,563 2019-2020 Construction $4,472,633 Total $5;030;196 • Bridging the Gap — Funding Sources Item Fundin Existin Project Funding $4,298,266 Additional Funding — General Fund $200,000 Additional Funding — Fund 125 — Ending Fund Balance $100,000 Additional Funding — Fund 125 — Land Acquisition $100,000 Additional Funding — Fund 126 — Land Acquisition $100,000 Additional Funding — REET 125/126 2020 $231,930 Total $5,030,196 Staff Recommendation o Award a contract to W.G. Clark for $3,617,087.65 o Authorize a 15% Management Reserve of $542,560 o Authorize Mayor to sign a PSA for construction inspection services with KBA for $189,500 o Authorize a change of scope for Ework's existing contract to cover pre-bid and negotiated bid support o Authorize Mayor to sign a contract supplement for construction support with Eworks for $178,465 Councilmember Nelson observed the engineer's estimate was originally $2.4M and now the project is $3.6M, a difference of $1.2M. Mr. Williams agreed the difference was 48%. Councilmember Nelson asked how the difference could be that much, whether it was construction costs alone, noting he felt like the City was being taken to the cleaners. Mr. Williams said nothing he could say would offer any comfort. The true costs were not identified in the engineer's estimate. The true cost is unknown until bids are provided and in the case of this project, bid were rejected and a contract was negotiated in an amount for which the contractor was willing to build the project. It would have been nice to know that when the project started as it would have avoided this discussion about additional funds. City staff is also disappointed. Councilmember Nelson asked if there was anything that could be done on future projects to ensure the estimates were more accurate. Mr. Williams commented there will be a similar conversation in the future about Civic Park. He said this was not an inhouse cost estimate, it was prepared by Environmental Works (Eworks). Councilmember Nelson asked who hired Eworks. Mr. Williams said the contract was presented to the Council; Eworks competed for the contract and were selected as the most qualified and a contract was negotiated. One of their outputs was a cost estimate which has been updated a few times. When the project went to bid, the cost estimate was $2.4M and the bids were approximately $1.2M higher, 48% above the engineer's estimate. Councilmember Nelson asked if Eworks had been off by that amount in the past. Mr. Williams said he did not know; this was the first time they have done work for Edmonds. Council President Fraley-Monillas said this nearly clears out the REET 125 and 126 Funds and Park Impact Fees. She asked what balance would be left in those funds at the end of the project. Mr. Williams said REET 125 and 126 fund a number of projects; this will make a dent in those funds. The additional funding of $231,930 identified as coming from Fund 125/126 in 2020 has not yet been identified and may result in delaying other projects. Edmonds City Council Approved Minutes August 5, 2019 Page 13 Council President Fraley-Monillas asked what other projects would be impacted or delayed due to funding the Waterfront Redevelopment Project. Mr. Williams answered the intent is to get this project started in order to fit it into the 2019 fish window; with more time, that question could be answered in more detail. The REET funds receive approximately $3.5M in revenue annually; some years the balance increases and some years it decreases due to expenditures. This will be a significant hit to the funds and will require revising funding of CIP projects that use REET funds. Council President Fraley-Monillas found it difficult to make an educated decision without knowing what other projects would be impacted. What was originally envisioned as a $500,000 project plus the beachfront has gotten bigger and bigger and is now a $4M project for the parking lot, removing the creosote pier, etc. Council President Fraley-Monillas asked whether consideration had been given to project reductions. Mr. Williams answered some low hanging fruit had been removed. He recalled during the July 9"' presentation to Council by former Parks & Recreation Director Hite identified a $500,000-$800,000 shortfall which is now $730,000. Council President Fraley-Monillas expressed concern with not knowing the effect on other projects. Mr. Williams anticipated less REET funds would be allocated to paving, a reduction in improvements to City buildings, Parks CIP projects may get postponed a year or the scope changed. A great deal has been invested to get this project to this point. Council President Fraley-Monillas asked what happened if the work was not done this year within the fish window and whether it could be done next year. Mr. Williams answered portions of the Waterfront Redevelopment project needed to be done before the building is completed. Council President Fraley- Monillas asked what park projects would be delayed. Ms. Burley anticipated park projects would be delayed rather than deleted such as improvements at Hickman Park scheduled in 2020 in the CIP are pushed out a couple years, Other $50,000 Park CIP projects would be pushed out a few years. One of the obvious impacts is the land acquisition funds. The City is looking at a property to purchase but it is not forecast to happen in 2019 and could be funded from a future year's budget. She concluded it is a delay of parks projects rather than a deletion. Construction funding of Civic Park crosses two fiscal years which relieves some stress on the 125 and 126 Funds. Staff is also working with W.G. Clark on potential value engineering options. Mr. Williams said the law requires the City negotiate and sign a contract with the selected contractor after the bidding process resulted in no responsive bids. That contract has to be written using the same specifications, plans and expectations that were used in the bidding process. There have been preliminary discussion with W.G. Clark about additional construction savings, but those cannot be included in the contract without putting the City in conflict with the required process. He anticipated those discussions would commence after the contract is signed; staff has identified several changes to the existing scope to save money. Council President Fraley-Monillas referred to the $25,000 for art, plus the 1% for Art. Mr. Williams said $24,400 in art was designed into the project. The project will generate approximately $25,000 that will be placed into the I% for Art for future art projects in the City as required by code. Ms. Burley said the art is the swoops and medallions in the concrete to match the existing pathway on the waterfront. Councilmember Mesaros asked about the balance in REET 125 and 126 Funds. Finance Director Scott James said staff is in the process of developing the 2020 budget. He estimated the REET 125 would have an ending fund balance of $1,476,000 and REET 126 would have an ending fund balance of $2,236,000. He was unable to provide an estimate for 2020 as staff has not yet finalized priorities and projects. Councilmember Mesaros referred to the Bridging the Gap slide in the presentation that identified $200,000 from REET Fund 125 and $100,000 from REET 126 and potentially an additional $231,930 from REET Fund 125/126. He observed the additional funding from REET 125 and 126 did not deplete those funds. Edmonds City Council Approved Minutes August 5, 2019 Page 14 Councilmember Mesaros commented it was never good news to share the need for additional funds. This is a signature project for Edmonds and it is difficult to stop the tide at this point. He anticipated opportunities for value engineering and savings and looked forward to better news about cost savings as this project proceeds. Councilmember Tibbott observed a fair amount was being spent on outsourcing engineering. He asked if there was any benefit to having an in-house engineer manage the project. Mr. Williams answered this project will consume one FTE, Henry Schroder, who will be the City's contact on the project. Assigning another in-house engineer at this stage would not be possible due to other projects they are involved in. He acknowledged the costs for consultants is high but the percentages are in line with the expected costs for full-time inspection, project engineer, etc. The original costs for both companies were higher and have been pared down over the last month. Councilmember Tibbott asked whether at some point it was better for the City to hire another engineer to avoid outsourcing so much work, observing there was $350,000 in this project which was more than one FTE. Mr. Williams answered it would require hiring someone for 18-19 months. Civic Park is another large project that will occur at about the same time and will also include consultants. It would be difficult to hire and train staff and then lay them off at the end of those projects. He concluded it would be difficult to provide those services in-house. Observing that this project would extend over two years, Councilmember Tibbott asked if there were opportunities for additional grant funds. Mr. Williams said he was not familiar with grants for this type of project; Ms. Burley has some experience with park grants and Ms. Hite has a great deal of experience and is only a phone call away if staff has question about funding opportunities. There may be opportunities for grants for Civic Park to address stormwater management issues. Councilmember Tibbott found it more acceptable to fund this project by delaying other projects rather than deleting projects; prioritizing this project and keeping other projects in sequence. Mr. Williams agreed worthwhile projects would remain on the CIP and be moved into later years where funding would be available. Councilmember Johnson said she did not have the full impact of the funding gap policy. Although there has been discussion about deleting funds, no one has talked about eliminating land acquisition funds from Fund 125 and 126. Mr. Williams said the general idea was to prioritize $200,000 each year; there may not be any land acquisition this year, next year or the following year but the funds would accumulate in those years. Councilmember Johnson said that has not been done in prior years, those funds have been robbed every year. Councilmember Johnson did not find the gap policy acceptable. She recalled the addition of $900,000 for the parking lot and sidewalk; now there is an increase of $500,000-$800,000 more. Before she could approve that, she wanted to see the real numbers, the real projects that will be delayed or postponed. She was not confident that everything was known about Civic Park. She was unwilling to extend this credit over the life of the project and wanted to see the real numbers to make an informed decision. Mr. Williams said he believed these were the hard numbers for this project. He asked if Councilmember Johnson wanted to know what projects would be moved, changed or otherwise reshaped before providing authorization. Councilmember Johnson answered of course. Bridging the gap was now was $500,000-$800,000; a year ago it was $900,000. She wanted to know the consequences of bridging this gap on future public works and parks projects. Without that information she could not make a decision and she found depleting the land acquisition fund to bridge this gap unacceptable. Edmonds City Council Approved Minutes August 5, 2019 Page 15 Council President Fraley-Monillas agreed not knowing the long term impacts was concerning to her. Although other Councilmembers have said it would delay other projects, it could also delay paving which was concerning to her and to Edmonds citizens. It would also delay maintenance on City buildings, improvements to Hickman Park, land acquisition, and Civic Park; major projects will be delayed for one parking lot, pier removal, beach renovation project. She agreed there was not enough information for her to make a good decision for Edmonds citizens. She was concerned about delaying multiple other projects for this one project and was uncertain it was a fair tradeoff for citizens. She questioned how much of a delay there would be on those other projects. Councilmember Teitzel commented this was difficult to swallow because the numbers have grown so much. This is a large, signature project for the City and because the project is this far along, there needs to be efforts to make it happen. It is at a point where there is not much detail on future parks and public works capital projects but he personally trusted staffs professionalism to make the right decisions and said the Council should also. He looked forward to updates as more information becomes available. Acknowledging his disappointment with making choices and the unknowns in those choices, Councilmember Mesaros said delaying this project will add costs which will also need to be funded and may impact other project even more. He agreed with Councilmember Johnson that it was difficult to make decisions when there are unknowns, but the unknown in this project is approximately $232,000. If the Council votes to move forward, that includes a choice about the land acquisition funds, that this project is a higher priority. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE FIVE RECOMMENDATIONS AS PRESENTED BY MR. WILLIAMS: 1. AWARD A CONTRACT TO W.G. CLARK FOR $3,617,087.65 2. AUTHORIZE A 15% MANAGEMENT RESERVE OF $542,560 3. AUTHORIZE MAYOR TO SIGN A PSA FOR CONSTRUCTION INSPECTION SERVICES WITH KBA FOR $189,500 4. AUTHORIZE A CHANGE OF SCOPE FOR EWORK'S EXISTING CONTRACT TO COVER PRE-BID AND NEGOTIATED BID SUPPORT 5. AUTHORIZE MAYOR TO SIGN A CONTRACT SUPPLEMENT FOR CONSTRUCTION SUPPORT WITH EWORKS FOR $178,465 Council President Fraley-Monillas said she will vote no on the motion because she needs more information to make a good decision for the City. She reminded Council, noting it irritated her to hear Councilmembers say it, this was not a signature project for Edmonds. The City of Edmonds' signature project is Civic Field. This is a project created by a non-profit that the City has partnered with but is not the City's signature project. Councilmember Nelson said none of the Council was happy with where the project was but he will continue to support moving it forward. However, he wanted to avoid this happening again and whatever could be done to ensure estimates were more accurate. Moving forward he will be very skeptical when he sees these kind of numbers and it will dictate how he votes in the future. Because of the point this project is at and how it predicates other projects moving forward with the new Waterfront Community Center, he will support the motion. Mayor Earling commented virtually every Sound Transit Board meeting includes discussion about cost escalation. Competition for projects can lower costs; when there is little competition, costs increase. He was sympathetic and empathetic about the concerns voiced, but there are timing issues with moving two projects along at the same time that depend on each other. He was hopeful the Council would support moving the project forward, recognizing it was hard to do. Sound Transit is facing similar challenges with their projects, many in much larger amounts. Edmonds City Council Approved Minutes August 5, 2019 Page 16 UPON ROLL CALL, MOTION CARRIED (4-2), COUNCILMEMBERS NELSON, MESAROS, TEITZEL AND TIBBOTT VOTING YES; AND COUNCILMEMBER JOHNSON AND COUNCIL PRESIDENT FRALEY-MONILLAS VOTING NO. Mayor Earling declared a brief recess. 3. CRUMB RUBBER MORATORIUM EXTENSION Acting City Attorney Tom Brubaker explained this moratorium was originally imposed on December 8, 2015. The reason for the moratorium was concern about the impacts of crumb rubber used on playfields. The Council's intent was to extend the moratorium until reports from the U.S. Environmental Protection Agency (EPA) and Centers for Disease Control (CDC) were issued; part one of the report has been issued but they plan to issue a second part. The City is also awaiting a study from the California EPA which is not yet complete but scheduled to be released in 2019. The proposed ordinance extends the moratorium for six months; Council can reduce that time if information is received sooner. The ordinance is drafted as an emergency ordinance to ensure a seamless continuation of the moratorium. Passage of the emergency ordinance requires a vote of the majority of the full Council plus one (five votes). Councilmember Teitzel asked why part one of the CDC's report was not included in the Council packet. Deputy Parks & Recreation Director Shannon Burley advised a summary of the report is available and is included verbatim in the ordinance: According to the EPA, in general, the findings from the report support the premise that while chemicals are present as expected in the tire crumb rubber, human exposure appears to be limited based on what is released into air or simulated biological fluids (gastric fluid, saliva and sweat). Part 2 will include data to characterize potential human exposures to the chemicals found in the tire crumb rubber while using synthetic turf fields. Ms. Burley said it appears that while the EPA determined that very limited chemicals do transfer, the study of the impact of those chemical that transfer has yet to been released. Mr. Brubaker said the EPA/CDC is offering a webinar tomorrow on Part 1. Councilmember Teitzel recalled the UW women's soccer coach had concerns about crumb rubber and felt there was a high rate of cancer cases in goalies in particular who played on crumb rubber. However, all the UW soccer, football and soccer fields are crumb rubber. He asked if the UW had done any study regarding this issue to ensure their athletes are safe. Ms. Burley said she was unable to cite specific studies done by the UW to address that. Because it is being addressed on a national level as well as by the California EPA, cities in Washington are relying heavily on these findings. Councilmember Teitzel observed the moratorium has been extended a number of time awaiting the completion of the studies. He asked if there was any legal limit on the number of times the moratorium could be extended. Mr. Brubaker said there is a theoretical limit if it appears the extensions are arbitrary and capricious; however, in this case, the studies are being tracked and it has taken a long time for them to be released and there is a legitimate concern about children who are the primarily users of the fields. He concluded there were no real concerns with the length of time the moratorium has been in place. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO APPROVE ORDINANCE NO. 4157, PROHIBITING THE INSTALLATION OF STYRENE -BUTADIENE RUBBER (ALSO KNOWN AS SBR OR "CRUMB RUBBER") ON PUBLICLY -OWNED ATHLETIC FIELDS WITHIN THE CITY OF EDMONDS FOR AN ADDITIONAL SIX MONTHS AND DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS ORDINANCE. MOTION CARRIED UNANIMOUSLY. 4. CONFIRM APPOINTMENT OF CANDIDATE FOR CITY EMPLOYMENT Edmonds City Council Approved Minutes August 5, 2019 Page 17 Mayor Earling explained the City had gone through an extensive process to identify a new Human Resources Director. Approximately 44 candidates applied, interviews were conducted by three different interview committees and by the City Council and reference were provided to Council as requested. With Council confirmation, Mayor Earling was pleased to appoint Jessica Hoyson as the City's HR Director. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO CONFIRM THE MAYOR'S APPOINTMENT OF JESSICA NEILL HOYSON TO BE THE DIRECTOR OF HR FOR THE CITY OF EDMONDS. Council President Fraley-Monillas inquired about the severance agreement. Mayor Earling explained when the Finance Director accepted a position with the City, a severance agreement was included. Due to director instability, the request was a 3 -month severance package should the candidate be dismissed. That seemed agreeable and has been included in the past. Council President Fraley-Monillas said she has met Ms. Hoyson and she seems like a nice person and it definitely seemed like she could do the job. When this process started, she expressed her desire to Ms. Hite for mayoral candidates to have an opportunity to meet independently with Ms. Hoyson. The new mayor will have the ability to hire their own employees/directors or maintain existing directors and she was concerned this perhaps set Ms. Hoyson up for a situation that might not be the best. Council President Fraley-Monillas said she was disappointed Mayor Earling chose not to have the mayoral candidates interview Ms. Hoyson independently. She spoke with three of the four mayoral candidates and they all wished they'd had an opportunity to interview Ms. Hoyson independently and discuss their expectations. Mayor Earling responded that through a variety of conversations with Ms. Hoyson, she was comfortable with not pursuing her original request to be interviewed by the mayoral candidates. Council President Fraley-Monillas said she was glad Ms. Hoyson was comfortable but it was not solely her decision, it was an opportunity for the mayoral candidates to interview her. MOTION CARRIED (5-0-1), COUNCILMEMBER JOHNSON ABSTAINING. 9. STUDY ITEMS 1. STATE AUDITOR'S OFFICE FINANCIAL INTELLIGENCE TOOL PRESENTATION Finance Director Scott James introduced Duane Walz, Data and Systems Specialist for the Center for Government Innovation, Washington State Auditor's Office. Mr. Walz said he has been invited to several other Council meetings, evidence that there is a market for products the Auditor's Office is developing. He explained State law requires all local governments in the State to file a financial report to the Auditor's Office using a uniform chart of accounts. The law also states the Auditor's Office is required to publish the information in a statistical comparative manner. That law is the envy of a lot of states in the nation. When he started at the Auditor's Office in 1995, this was a big volume of tables and graphs. In 2005 the legislature provided funding which was used to create a Local Government Financial Reporting System. The State's PR and communication people hated that title so another product, the Financial Intelligence Tool (FIT), was created that melded everything into a single system. Mr. Walz explained once it was discovered what Washington had and what other states envied, it formed the basis for the system and lined up with Auditor McCarthy's vision about connecting with your community and building trust through financial transparency. There has been a significant effort by the Auditor's Office to reframe and reeducate people on what local governments do. Although the FIT is a data rich system, other goals and visions for the project included making Washingtonians the most civically educated and engaged population in the nation. The Center for Government Innovation (CGI), formerly the Local Government Performance Center, felt not only is information good for decision -makers, it will elevate people's understanding about local government. It also lines up with Auditor McCarthy's vision, Edmonds City Council Approved Minutes August 5, 2019 Page 18 increased trust in government. The CGI lines up those ideas and considered how to reframe what people thought of local government. They envisioned asking a group of people on Main Street terms that came to mind when talking about local government, and hearing people say things like high performing, efficient, good decision -makers, transparent, lean and fast. The Auditor's office has a role in communicating to the public when governments are doing an outstanding job. Mr. Walz demonstrated FIT, explaining his intent was to whet the public's appetite to try the system themselves. He highlighted information and functionality on the FIT website: • Government types and how they are funded ■ Government profiles o City of Edmonds' profile ■ Badges for noteworthy achievements ■ About this government • Annual filing data — Revenues, expenses and total financial summary 2014-2017 ■ Financial health indicators • Finances at a glance ■ This government's rankings • Governmental revenues and expenditures and compared to statewide Mr. Walz encouraged Councilmembers to interact with the site and to provide feedback. Councilmember Teitzel asked if there would be an incremental charge to cities or was this a service the Auditor's Office was providing at no additional charge. Mr. Walz advised the funding stream was I-900, the majority of which is used for performance audits. Since there is no feasible way to do performance audits on all 2,000 local governments, a slice of that funding comes to their team to identify issues that performance audits discover and they create resources and tools that are provided to local government at a fraction of the cost. Unless that money is no longer available, FIT will continue. Councilmember Teitzel commented it was a very nice tool. As a former State employee, Council President Fraley-Monillas asked whether information was available on State agencies in this format. Mr. Walz responded OFM had most of that information but it was not available in this format. The data for school districts is owned by OSPI; people are interested in having state agency and school district information within the FIT system. Those conversations are ongoing and they will be ready to add financial information when it is available. Professors at UW have asked to use FIT as part of their course work and Standard & Poors also uses the system. CGI tracks the number of people engaging on the site and have found that the numbers are up. Council President Fraley-Monillas commented this information is fabulous and transparent. REVIEW EVALUATION DOCUMENTS FOR THE CITY ATTORNEY AS PART ONE OF CITY ATTORNEY EVALUATION PROCESS Councilmember Mesaros said the proposed documents would be used in Part One of the evaluation process of the City Attorney services. Part Two of the evaluation will compare the cost of an external firm providing City Attorney services compared to the potential cost of an in-house City Attorney. He anticipated Part Two would commence in the next two weeks. The goal is to have the evaluation forms returned by August 31 sr Councilmember Teitzel explained the evaluation forms ask for detailed and, in some cases, sensitive input. He assured the information would be treated confidentially; the names of the respondents will be masked and the data aggregated. It is intended to be a constructive evaluation tool to show the City Attorney where Edmonds City Council Approved Minutes August 5, 2019 Page 19 they are doing well and areas where improvements is needed. He encouraged respondents to be candid and frank in their responses. Councilmember Nelson thanked Councilmembers Mesaros and Teitzel for their work on this process. Councilmember Tibbott said the questions on the evaluation form are excellent; there is a lot of detail that will be useful for the City Attorney and in the Council's decision-making. Councilmember Mesaros advised he will distribute evaluation forms to the Mayor, Councilmembers and Directors tomorrow. 10. MAYOR'S COMMENTS Mayor Earling announced the passing of former City Councilmember Ray Gould; services will be held Saturday, August 10 at United Methodist Church. Mayor Earling reported on the spectacular Olympic Ballet performance Saturday night, attended by approximately 300-400 people. He encouraged the public to attend a future performance. Mayor Earling reported he introduced Sunday's Concert in the Park, "Ballard Sedentary Sousa Band." 11. COUNCIL COMMENTS Council President Fraley-Monillas reminded of the Hekinan Student Delegation dinner 6-8 p.m. on Friday in the Brackett Room and requested Councilmembers interested in attending contact Carolyn LaFave. Councilmember Teitzel invited the public to a preliminary public scoping meeting regarding parking, primarily downtown parking, on Thursday at 6:30 p.m. in the Brackett Room. The meeting will provide an early opportunity for citizens to provide input regarding the range of problems. The public can also provide input via the online survey available on the City's website. Councilmember Teitzel commented the events of the last week have left him sickened, angry, frustrated, sad and a range of emotions. He read a statement: "Newtown, Connecticut; Aurora, Colorado; Clackamas, Oregon; Orlando, Florida; San Bruno, California; Las Vegas, Nevada; Parkland, Florida; Sutherland Springs, Texas; Seattle, Washington; Thousand Oaks, California; Virginia Beach, Virginia; Mukilteo, Washington; Gilroy, California; El Paso, Texas; Dayton, Ohio; these are just a few of the communities that in the very recent past, and three within the past week, have suffered incidents of multiple deaths and injuries at the hands of a gunman using a semi-automatic firearm. This simply needs to stop and it's going to take political courage to stop it. Citizen have the constitutional right to bear arms for self-protection and sport, but federal legislation was passed over 50 years ago to make automatic machine guns such as tommy guns which have the capacity to kill many, many people in a very short period of time illegal for private citizens to possess. This legislation was designed specifically to keep the public safer. It's time we pass similar legislation about semi-automatic firearms. I fully support the second amendment to our constitution. Citizens should have the right to lawfully carry handguns to protect themselves. Hunters should have the right to own hunting rifles to hunt big game. Sportsman should have the right to own shotguns to hunt game bird. However, semi-automatic firearms have one main purpose, to kill and maim as many people as fast as the shooter can pull the trigger. As elected officials, one of our primary duties is to keep our constituents safe and secure. We need to take action to reduce the potential for mass killings we continue to witness. I urge my fellow Councilmembers to join me in contacting our state and federal representatives to demand legislative action to ban the ownership of semi-automatic firearms by private citizens and would encourage Edmonds City Council Approved Minutes August 5, 2019 Page 20 our Edmonds constituents to do the same. And please support our State Attorney General Bob Ferguson's efforts to introduce legislation to ban semi-automatic assault rifles in Washington. Will these measures prevent gun violence? No, but if they result in a reduction of the number of fellow citizens killed or permanent injured in shootings in which semi-automatic firearms are used, they are well worth pursuing. Thoughts and prayers aren't enough; let's do something." 12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.114 1 i This item was not needed. 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 10:02 p.m. DA04, MAYOR SSCTT PASSEY,4CITYCK Edmonds City Council Approved Minutes August 5, 2019 Page 21