20190917 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
September 17, 2019
ELECTED -OFFICIALS -PRESENT
Dave Earling, Mayor
Adrienne Fraley-Monillas, Council President
Michael Nelson, Councilmember
Kristiana Johnson, Councilmember
Thomas Mesaros, Councilmember
Diane Buckshnis, Councilmember
Neil Tibbott, Councilmember
ELECTED OFFICIALS ABSENT
Dave Teitzel, Councilmember
CALL TO ORDER/FLAG SALUTE
STAFF -PRESENT
Jim Lawless, Assistant Police Chief
Phil Williams, Public Works Director
Brian Tuley, IT Manager
Dave Turley, Assistant Finance Director
Carolyn LaFave, Executive Assistant
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Jerrie Bevington, Camera Operator
Jeannie Dines, Recorder
ALSO PRESENT
Zach Bauder, Student Representative
The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council
Chambers, 250 5t' Avenue North, Edmonds. The meeting was opened with the flag salute.
2. LAND ACKNOWLEDGEMENT
Councilmember Mesaros read the City Council Land Acknowledge Statement: "We acknowledge the
original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes,
who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their
sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land
and water."
3. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present with the exception of
Councilmember Teitzel.
4.
5.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS,
TO EXCUSE COUNCILMEMBER TEITZEL. MOTION CARRIED (6-0-1), COUNCIL
PRESIDENT FRALEY-MONILLAS ABSTAINED.
APPROVAL OF AGENDA
COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED
UNANIMOUSLY.
PRESENTATIONS
1. DEAFTHRIVE DAY PROCLAMATION
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Page 1
Mayor Earling read a proclamation declaring September 21, 2019 as DeafThrive Day in Edmonds and
urging all citizens to recognize and honor our commitment toward full inclusion of people who are deaf.
Several members of the deaf community were present to accept the proclamation.
2. CHILDHOOD CANCER AWARENESS MONTH PROCLAMATION
Mayor Earling read a proclamation declaring September 2019 as Childhood Cancer Awareness Month in
Edmonds and encouraging all community members to recognize the serious impact of childhood cancer
and to support and embrace the significant role each of us can play in the awareness of childhood cancer.
Emily Hood and Jura McAfree accepted the proclamation.
3. OUTSTANDING WASTEWATER TREATMENT PLANT AWARD FOR 2018
Mayor Earling relayed the Wastewater Treatment Plant (WWTP) has been acknowledged by Washington
State Department of Ecology NW Region for the outstanding work they do maintaining the WWTP.
Ecology's announcement noted "The Edmonds WWTP has an outstanding record among the top municipal
wastewater treatment plants in Washington based on effluent submittals and overall plant compliance. The
Edmonds WWTP team should be commended for their perseverance, dedication, and award-winning
efforts. It is a great endeavor to operate and maintain a wastewater treatment plant in top -running order 24 -
hours a day, 365 days a year."
Public Works Director Phil Williams introduced WWTP Manager Pamela Randolph, Mike VanPelt who
has been employed at the WWTP for 41 years and Michael Derrick, the WWTP's newest employee. He
explained the award is given out each year and treatment plants must essentially have a perfect compliance
record on all discharge monitoring reports and other requirements of the permit throughout the 12 month
period. The WWTP has received this award six of the eight years he has been with the City.
Ms. Randolph thanked the City Council for their support, relaying as a result of that support, the WWTP
has achieved phenomenal things over the years in energy savings, improvements to the environment and
the condition of the WWTP. Most of the WWTP employees are busy this week due to a shutdown. Mr.
Williams clarified it was a shutdown of the City's incinerator; the WWTP works 24/7 365 days/year. Mr.
Williams also recognized Mike's wife Jill in the audience.
4. SALARY COMMISSION LETTER ESTABLISHING ELECTED OFFICIALS'
COMPENSATION FOR 2020 AND 2021
Salary Commissioner Chair Jay Grant reviewed:
• Background
o Established in Accordance to ECC 10.80.030
o Under the requirements of RCW of 35.21.015
o The Commission is required to meet between July 1 st and deliver findings by September 30th
o We deliver our findings in accordance with that requirement tonight, September 17, 2019.
o The Commission's binding decision has been delivered to the City Clerk as required
2019 Commissioners
o Commissioner Ava Dubno, Vice Chair
o Commissioner Don Hall
o Commissioner Jeff Hodson
o Commissioner Carl Zapora
o Consultant: Marilynne Beard, MMB Consulting
o Staff Liaison: Emily Wagener, HR Analyst
How we did our work
o Looked at historical compensation data
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o Considered comparable cities (salaries, benefits, form of gov't., population, tax base, # of
FTEs)
o Examined COLAs and cost -of -living trends
o Reviewed city budget
o Conducted public outreach and surveys (2 public hearings + 8 public meetings)
• Other approached we considered
o Could we link pay:
— To accountability for job responsibilities? (ex. Attendance)
— To a formula?
o We also looked at compensation for special district CEOs and elected officials (port, school
and hospital districts)
• One neighbor's method
o Lynnwood has "City Council Member Responsibilities" that lays out duties, from policy
making to land -use planning.
* It ties compensation to meetings:
* Full salary paid if all meetings attended.
■ Deducts $150 per unexcused meeting missed.
• We asked for input
o Surveys were made available:
• To council members
* To members of city boards and commissions
• To service clubs (Rotary, Kiwanis, Lions)
■ To business groups (Chamber of Commerce, Edmonds downtown Merchants Assn., etc.)
■ The public via the Beacon, My Edmonds News, The Herald, social media (including
Edmonds Moms' FB page, city FB page), and on Nextdoor.com listservs.
• Public Survey (100+ Responses)
o Do you agree or disagree with linking Council compensation to some measure of accountability
such as consistent meeting attendance?
■ Agree — 72
• Neither agree or disagree — 11
ON Disagree — 17
o The Council President has additional responsibilities such as working with the Mayor and staff
to set the meeting agendas and chairing the weekly Council meetings. Currently, the Council
President receives $200 per month over the Council's base pay. Would you agree that this
amount is commensurate with their added responsibilities?
• Agree -58
■ Disagree — 40
■ Council feedback (6 responses)
o Do you agree or disagree with linking Council compensation to some measure of accountability
such as consistent meeting attendance?
■ Agree — 3
• Neither agree or disagree — 1
■ Disagree — 2
o The Council President has additional responsibilities such as working with the Mayor and staff
to set the meeting agendas and chairing the weekly Council meetings. Currently, the Council
President receives $200 per month over the Council's base pay. Would you agree that this
amount is commensurate with their added responsibilities?
■ Agree — 1
• Disagree — 5
• What the public says ... (selected comments)
o These people are making multimillion dollar decisions for our community and we pay them
$1 k or so a month."
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o "They should be paid as professionals and their salary should reflect more respect by the City.
They do a lot of research, spend a lot of time meeting and communicating with citizens and
care about their representation. It is demeaning and inappropriate to pay them so little."
o Council should be paid at least 75 to 80 percent of what the mayor is paid. Pay well and we can
attract the best people for the job."
o "The voters decide in the long-term. In the short-term, why not consider an ongoing report card
or dashboard of publicly available 'performance metrics' for each council member that are
developed by council, the Mayor and some commission -representation of neutrals?"
o "Setting up a minimum number of required hours for coffee talks, town halls, or other outreach
with the community. If this requirement is instituted, the monthly compensation rate should be
increased."
o "Serving the city should be its own compensation. Council salaries are fine where they are."
Salary Commission Chair Grant explained the Commission's determinations included considerable
research and discussion; by their actions, they are ensuring that the Mayor and Council are fairly
compensated for their duties. They understand the amount of the salaries is not the reason for their service
to the community; however, it is important that reasonable compensation is reflected for that service. He
reviewed the Commission's determinations:
Mayor
o Graph comparing 2019 mayoral salaries and population for strong mayor cities
100,000 (Wenatchee, Mt. Vernon, Issaquah, Lynnwood, Bremerton, Edmonds,
Marysville, Auburn and Federal Way)
o Edmonds Mayoral ay vs. the Average in Washington Cities with Strong Mayors
Edmonds Mayor
Average mayoral a
$10,495/month
($125,940/year)
$11,995/month
($143,950/ ear)
30,000 to
Redmond,
* 16 strong mayor cities in Washington state (including Kent, Renton and Everett)
o Determination of mayoral pay
K Effective January 1, 2020, the Mayor's salary shall be increased by four percent (4%) of
the current salary to $130,972;
■ Additionally, effective January 1, 2021, the Mayors' salary shall be increased by four
percent (4%) of the current salary to $136,211; and
■ Also, the Commission determines the benefits package for the position of Mayor shall
remain unchanged and shall change in the future only if the benefits package for non -
represented employees' changes. The benefits package for Mayor currently mirrors the
benefits package for non -represented employees.
Councilmember
o Graph comparing Councilmember and Council President pay for cities 30,000 to 50,000 (Lake
Steven, Mt. Vernon, Burien, Lynnwood, Edmonds, Bothell, Issaquah, University Place and
Lacey)
o Edmonds Council Pay vs. Comparable Cities
* based on data from 23 cities in Washington state
o Other factors we took into consideration in our determination:
■ Some cities have not raised their Councils salaries in some time
■ Some cities do not have a salary commission, so Council has to raise their own salary and
we understand this is a challenge
o Determination for Councilmember pay
■ Council Members base salary for 2020 shall be increased by $1,000 a year over their
current salary to $16,000 annually;
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Edmonds Council
Average all Councils pay
$1,250/month
($15,0001 ear)
$1,888/month
($14,256/ ear
* based on data from 23 cities in Washington state
o Other factors we took into consideration in our determination:
■ Some cities have not raised their Councils salaries in some time
■ Some cities do not have a salary commission, so Council has to raise their own salary and
we understand this is a challenge
o Determination for Councilmember pay
■ Council Members base salary for 2020 shall be increased by $1,000 a year over their
current salary to $16,000 annually;
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■ Additionally, Council Members base salary for 2021 shall be increased by $1,000 a year
over their current salary to $17,000 annually; and
■ Also, the Commission determines that the current health benefits package shall remain the
same and shall change in the future only if the benefits package offered to non -represented
employees changes (either plan, or any contribution rate).
o Determination for Council President pay
■ Effective January 1, 2020, the Council President's additional compensation shall be
increased by $100 a month, for a total of $300 additional per month, which is $1,200 a year
more than a Council Member's pay.
Annual Fiscal Impact (iii addition to current salaries and benefits)
2020 2021
Mayor $5,037
$5,239
Councilmembers $7,000
$7,000
Council President $1,200
$1,200
Total 1 $13,237
1 $13,439
Council President Fraley-Monillas thanked the commission for their work, noting she had had multiple
conversations with Mr. Grant and Ms. Beard. This has been the most thorough process since she has been
on the Council and it has taken the commission countless hours.
Councilmember Mesaros thanked the commission for their work, noting it was very thorough and supported
by facts. He asked if the commission took into consideration vacation for Councilmembers compared to
vacation the Mayor takes and whether Councilmembers salaries should be docked for vacation. Chair Grant
said vacation for elected officials is typically not considered. The commission considered accountability in
many ways but did not consider vacation. If a Councilmember takes too much vacation, the press and other
Councilmembers would certainly bring that up and State law requires they attend a certain number of
meetings.
Councilmember Mesaros asked if commission had extrapolated what the annual salary of a Councilmember
might be if they were full-time rather than part-time. Chair Grant said that was part of the commission's
discussions including whether the Council's pay could be based on a percentage of the mayor's salary. The
commission looked at the City's current job openings which range from $4,000-$11,000/month for full-
time employees as well as part-time positions which are minimum wage. The only place where the amount
of work done by a Councilmember is documented is in the budget which mentions 25-32 hours/week. There
was concern with how the hours would be tracked. The commission and the feedback from the public was
they want to pay Councilmembers fairly for the amount of time but that it was difficult to track. Lynnwood
was the closest to that but the commission did not want to count meetings.
Councilmember Mesaros commented 32 hours is 8 hours/day 4 days/week which is considerably more than
part-time and nearly full-time. Chair Grant said that could not be documented. The commission also looked
at the state retirement system; under state law, Councilmembers are entitled to retirement benefits which
must be documented.
Councilmember Mesaros said one aspect that the presentation did not mention was the role
Councilmembers play in representing the City in regional meetings that are crucial to the City. For example,
Council President Fraley-Monillas spends an extraordinary amount of time on the Health District and he
spends a lot of time on SN0911. Chair Grant said the commission did consider that and he spoke with
Council President Fraley-Monillas about it. The commission was limited in what they could consider based
on what was documented. Councilmember Mesaros clarified his comments were inquiries and were not
intended to be critical. Chair Grant said a lot of the same comments are reflect in the commission's minutes.
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Councilmember Buckshnis expressed her appreciation for the work the commission did and thanked them
for the very complete packet. She thanked the public for their input, noting it was very informative to read
their comments. In reading some of the comments, she realized there was confusion about the legislative
versus the administrative role.
Council President Fraley-Monillas referred to her conversation with Chair Grant about the number of
meetings Councilmembers attend, commenting fortunately she is retired and has more time to serve on
multiple boards and commissions by choice. It is difficult to determine an appropriate level or compare
because some Councilmembers have the time because they are retired and others may not due to their
employment. The City does not pay enough so Councilmembers either have to work or be retired with some
source of income. Chair Grant said they looked at the offices of Mayor, Council President and
Councilmembers and were not trying to identify who goes to what meetings but look collectively as a group
at the amount of overall time. The commission understands some meetings are very intense and long and
others are shorter and perhaps less intense.
Mayor Earling thanked the Salary Commission for their great work noting they did even more research than
they did two years ago. It has been a pleasure to work with the same group of people again and that helped
clarify their work and the questions they asked. He also thanked Ms. Beard for coordinating the
commission's work.
6. AUDIENCE COMMENTS
Susan Paine, Edmonds, referred to the comparative study for City Attorney service and suggested the
Council also consider expenditures on claims and other litigation costs, where they are coming from within
City, and whether there were things that could be done internally to relieve attorney costs. In her experience
with the school board, they cleared up a lot of litigation and claims using a different HR director as well as
reduced some of their insurance costs.
Ken Reidy, Edmonds, said while researching City Council conduct requiring fee title property owners to
grant easements to third parties during street vacations, he attended the June 17, 2019 regular business
meeting of the Olympic View Water & Sewer District (OVWSD). He asked about the franchise agreement
between the District and the City of Edmonds and was told that the District has an operating agreement
with the City but not a franchise agreement at this time. The City's franchise agreement with OVWSD
expired in July 2014, over 5 years ago. Despite that, there is mention in tonight's agenda packet of $180,000
of franchise related compensation received from OVWSD which he said may be a mistake and it may have
been paid under the operating agreement. The now expired franchise was documented in Ordinance 3506,
a franchise that granted OVWSD rights that include the right to use public streets. OVWSD's June 2015
amendment to their 2017 comprehensive sewer plan, Appendix H, states, "also in 2004 the District and the
City of Edmonds signed an interlocal operating agreement and franchise agreement relating to water and
sewer service within Edmonds. The District is currently in negotiations to renew the franchise agreement
which expired in 2014." He emailed all seven Councilmembers on two occasions; on July 20 he asked each
Councilmember to notify the public that the franchise agreement had expired in July 2014 and to make a
full and transparent disclosure of how this happened and the plan to address it. As his July emails did not
produce any results, he was here in person to ask the City Council to notify the public.
7. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER TIBBOTT 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 SEPTEMBER 3, 2019
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2. APPROVAL OF COUNCIL MEETING MINUTES OF SEPTEMBER 3, 2019
3. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND
WIRE PAYMENTS
4. ACKNOWLEDGMENT OF CLAIM FOR DAMAGES
5. ORDINANCE AMENDING ECC 5.38 (OFFENSES RELATED TO LEWD CONDUCT)
6. JULY 2019 MONTHLY FINANCIAL REPORT
7. AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT WITH
BERGERABAM TO ASSIGN THE FISHING PIER REHABILITATION PROJECT TO
WSP USA
8. AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT WITH
TETRA TECH FOR THE 84TH AVE OVERLAY PROJECT
8. COUNCIL COMMITTEE REPORTS
1. MONTHLY COUNCIL SUBCOMMITTEE REPORTS AND MINUTES
Finance Committee
Councilmember Buckshnis reported on items the committee discussed:
• Quarterly Report from the Edmonds Public Facilities District
o Finances are improving
o The recent audit did not result in a management letter
• FTP Usage and Procedures — on tonight's agenda
• July 2019 Finance Reports
• Future Agenda Items
Parks & Public Works Committee
Councilmember Johnson reported on items the committee discussed:
• City Hall Elevator — on tonight's agenda
• Supplemental Agreement with BergerABM for the fishing pier
• Acceptance of a pedestrian and utility easement for 215' Place SW
• Supplemental agreement with Tetra Tech for 84" Ave overlay project
• Utility rate analysis and future adoption of utility rate ordinance — future presentation to Council
Public Safety, Planning &. Personnel Committee
Councilmember Nelson reported on items the committee discussed:
• Edmonds School District Security Camera MOU — on tonight's agenda
• Ordinance amending ECC 5.38 (Offenses related to lewd contact) — approved on Consent Agenda
o Allows criminal charges to be filed in municipal court instead of district court against
individuals who share intimate images of others in certain situations
9. ACTION ITEMS
EDMONDS SCHOOL DISTRICT SECURITY CAMERA MOU
Assistant Chief of Police Jim Lawless reported an interlocal agreement was negotiated with the Edmonds
School District to allow the Police Department to access live feed video at Edmonds-Woodway High
School. The Family Educational Rights and Privacy Act (FERPA) has stringent regulations related to the
ability to access information for students from PreK to University. The interlocal agreement is an option
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under FERPA and public disclosure laws to have that access. Access would be limited to emergency
situations whether in real time or following an incident to provide further evidence of a crime. The Police
Department will have limited access to the video via a log -in that will be tracked and audited by the school
district.
COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
APPROVE THE MOU AS PRESENTED. CARRIED UNANIMOUSLY.
2. AWARD OF CONSTRUCTION CONTRACT -ELEVATOR MODERNIZATION FOR
CITY HALL
Public Works Director Phil Williams explained the elevator was installed as part of the building's original
equipment in 1979, 41 years ago. In 2016 staff realized the elevator needed some major capital infusion to
continue to meet the requirements of state law and health and safety inspections. Most of the maintenance
has been done under contract with Thyssenkrupp and Krupp who provided an estimate in 2016 of $200,000
although the complete scope was unknown and further research resulted in the addition of several new
scope items. The scope is not just safety related items that the state requires but also ADA requirements for
the operation of an elevator that did not exist when the elevator was installed. In addition, the state requires
the machine room be air conditioned. He summarized several new elements arose that increased the price.
Mr. Williams explained the project was put out to bid and only two bids were submitted; with all five
alternates including a new hydraulic cylinder, the bids received were $347,000 and $374,000. The hydraulic
cylinder is a large project and requires removing the car, removing the existing cylinder, and excavating
for the new cylinder. It was unknown whether the cylinder casing had a welded hard bottom; without that,
if the cylinder leaks oil, it enters the soil. Replacing the cylinder costs $70,000 - $100,000. Fortunately, it
was confirmed the cylinder casing has a welded hard bottom so that element of the scope is not necessary.
The low bid had to be rejected because one of the forms was not signed. The engineer's estimate without
the hydraulic cylinder was $297,000, the qualifying bid was $298,860, plus $45,000 for management
reserve for a total of $343,860. The 2019 budget includes $190,000 for this project which will be
supplemented by savings from the Frances Anderson Center painting and another delayed project. He
recommended awarding the bid to RC Zeigler Company.
Mr. Williams commented the elevator will be down for approximately six calendar weeks as a result of this
project. Staff will do their best to schedule around events and plans to staff a desk on the first floor for
people unable to access the second floor via the stairs. Consideration is also being given to installing a
motorized chair on the stairs on the north side of the building. He assured staff will do their best to
accommodate special needs customers.
COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO
AWARD THE CONSTRUCTION CONTRACT TO RC ZEIGLER COMPANY IN THE AMOUNT
OF $298,680.00 AND AUTHORIZE A MANAGEMENT RESERVE OF $45,000.00 FOR CHANGES
OR UNFORESEEN CONDITIONS ENCOUNTERED DURING CONSTRUCTION. MOTION
CARRIED UNANIMOUSLY.
10. STUDY ITEMS
WEBSITE AND FTP PROCEDURES AND USAGE
IT Manager Brian Tuley explained the City uses a tool named "Wing FTP Server" to facilitate efficient
transfer of large files. Edmonds implementation of this product utilizes standard web HTTPS protocol and
a web interface for operations. The Edmonds email server limits message sizes to a maximum of 40
megabytes per message. When transferring files exceeding the maximum, an FTP server is faster and more
efficient. Conceptually, Edmonds uses Wing FTP as a City managed "drop box." He reviewed:
• Benefits
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o Files and access credentials are transferred using an encrypted format, not "in the clear"
o Intuitive web based interface
o Browser agnostic
o Fast and efficient
o Direct end user to server connection
o Segregated off the internal network for security
• Limitations
o Access to FTP requires account credentials
o _Not searchable across_ accounts -_ Individu_als performing -public records_ requests are unable to
search across all accounts
o Not publicly indexed or viewable — not available to search engines (i.e. Google)
o Does not "click and display" only transfers files.
o Staff and external users operate through the web interface. There is no direct "drag and drop"
access to the internal City network.
Recommended Best Practices for FTP
o Use the Wing FTP file transfer system as a transitory platform
o Primary files should be maintained on city network storage for organization and public records
request (PRR) retrieval
o Remove files from FTP server when no longer needed
o Do not share passwords unless account and purpose is designed for a specific reason
o Files to share with citizens should be placed on City website.
■ Single point of access
■ Searchable
Mr. Tuley explained the Council approved a 2019 decision package to renovate the website. He provided
an update on the website upgrade, explaining the new website will address issues including incorrect search
responses, broken links, software updates. He reviewed:
• New site will be hosted by Vendor
• Cross departmental City staff Web team of 15
s Process
1. Vendor develops template based on Web teams
2. Web team designs new menu structure based on
a. City objectives
b. Best practices
c. Existing metrics
3. Staff map existing live pages to new site
4. Vendor pulls pages to new template
5. When approved, template goes live
6. Total time 4 to 6 months
Councilmember Buckshnis inquired about the cost. Mr. Tuley said there is a one-time cost of approximately
$40,000 for design, development and migration and the ongoing cost is $4,100/year. Councilmember
Buckshnis commented that will save the City money. Mr. Tuley agreed, noting in the event of a failure
whether network, power or fiber, the website is in the Cloud and will still be operational.
Councilmember Buckshnis recalled the City of Mukilteo had a website crash. Mr. Tuley said Mukilteo had
a complete hardware failure where they lost everything and had to rebuild from paper. Councilmember
Buckshnis recalled the Edmonds Center for the Arts also had a hardware failure and lost everything. She
noted this was an improvement to the City's current system. Mr. Tuley agreed moving some things to the
Cloud was beneficial. Councilmember Buckshnis asked if it was hackable. Mr. Tuley said everything is
hackable but it is better against hacking because a big company is supporting the operating system and
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programs and they are able to maintain and patch it quickly versus City staff who does web development
and may not be the best about patching or being aware of vulnerabilities when they arise.
Councilmember Tibbott asked whether the FTP server would be available for public information
disclosures. Mr. Tuley answered it is subject to public information requests. If best practices are followed
and information is stored there temporarily, there should not be anything of consequence on the FTP server.
One of the difficulties with the FTP server is an entity like the Clerk's Office does not have access to all
the individual accounts on the server. When information is moved from FTP to the network storage,
departments doing records requests can access it.
Councilmember Tibbott asked if staff had consulted with the City Attorney regarding public information
requests that may be directed to the FTP server. Mr. Tuley said he spoke with the Clerk's Office about it.
Their suggestion was to implement best practices where information is not stored on the FTP other than
temporarily. For example, a staff member develops a presentation and emails the link to the file and log -in
credentials to someone. A public records request may identify the link but since it has been moved to
permanent storage, the link is invalid. Councilmember Tibbott summarized the FTP site was filled and
emptied on a regular basis. Mr. Tuley agreed it was a dynamic storage repository.
Councilmember Tibbott asked whether with these upgrades it would be possible for a citizen to search for
building codes related to a deck. Mr. Tuley answered yes, that is also available now; all the codes are online
and citizens can do text searches. Councilmember Tibbott asked if the upgrades would improve searches
for that information. Mr. Tuley answered yes, due to the technology the website currently uses, the top 4-5
searches are relevant and there will be a lot of inaccurate sub -searches.
Councilmember Tibbott relayed citizens' frustration with being unable to find regularly accessed document
on the City's website. He anticipated the new search capability would improve service to citizens. Mr.
Tuley said IT regularly receives reports of broken links, bad searches, etc. Under the current system, when
someone publishes an updated article and disables the old one, the old one is still resident in Google's
search index with results in citizens obtaining obsolete information. That situation will be fixed with this
new system.
Councilmember Buckshnis said one of the reason for training on the FTP server is information such as the
Windward report was placed on the FTP server and not moved to the website and the Clerk's Office was
unable to locate it. Training will address using the FTP server for temporary storage. The Department of
Ecology is also updating their website which has a lot of broken links, recalling the Tree Board encountered
a number of broken links. Mr. Tuley said once the new site is up, it will have tools that continuously fix
broken links.
2. INTRODUCTION TO THE COMPARATIVE STUDY ON CITY ATTORNEY SERVICES
Councilmember Mesaros said the packet includes a brief outline of information for Council consideration
and input. With regard to the selection of ten cities, he explained the intent is to select five cities with in-
house counsel and five that use external legal services and use those as comparators. The 18 cities listed
are part of the AWC actuarial group that is comparable to Edmonds. Of the 18 cities, 12 are in the Puget
Sound region.
Councilmember Mesaros relayed Mr. Taraday's comment that there may not be five cities with in-house
services and five that use external legal services from this list. Councilmember Mesaros invited Council
input on other cities that could be used as comparators and he will affirm at next week's meeting which ten
cities had been selected. He relayed a request from Councilmember Teitzel to add a letter "e" question
under In -House Legal Services and External Legal Services regarding the total hours of services.
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September 17, 2019
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Council President Fraley-Monillas commented she was used to working with the L5 list of cities that are
similar to Edmonds. She suggested including Lynnwood, Mukilteo and Shoreline as comparator cities. She
noted this was a good list of cities but Moses Lake, Port Angeles, Walla Walla, Pasco, Longview, and
Kennewick may not have same cost of living. She suggested considering that when selecting comparator
cities. Councilmember Mesaros said that was the reason for his comment that 12 of the 18 were Puget
Sound cities.
Council President Fraley-Monillas inquired about the L5 list of cities. Councilmember Mesaros said it
includes Bothell, Burien, Des Moines, Issaquah, Lacey, Lynnwood, Puyallup and Sammamis$; Mukilteo
and Shoreline are not on the L5 list.
Councilmember Buckshnis suggested another thing to consider is the asset size of the city; the more assets
a city has, the more trouble they may have. With regard to in-house legal services, she was interested in the
evaluation procedures and the independence of the attorney since he/she can be fired at will by the mayor.
She suggested researching how that is handled by other cities with in-house attorneys.
Councilmember Tibbott asked whether cities with in-house attorneys have a hybrid approach that includes
external legal services. The current City Attorney provides a full range of attorney services with different
levels of expertise which is an advantage that would not be available with an in-house attorney.
Councilmember Mesaros said Question lb, What are your additional costs for hiring legal services for
lawsuits or special projects? was intended to discover that.
Councilmember Nelson referred to the statement in the opening paragraph, In addition there will be data
gathered to assess the opportunity to provide prosecutor services through the same law firm. This was the
first he had heard about the law firm also providing prosecutor services. Councilmember Mesaros referred
Council discussion in July 2019 about the process which included evaluating whether to include prosecutor
services. That question was included in this survey so that other cities' procedures could be considered in
the evaluation.
Council President Fraley-Monillas asked if Councilmembers Mesaros and Teitzel were aware the HR
Department was currently working on the prosecutor's contract and interviewing. She suggested asking the
number of hours the in-house and external attorneys are present in the city. Councilmember Mesaros said
that was addressed by Councilmember Teitzel's suggestion for an additional question. Council President
Fraley-Monillas was specifically interested in the hours they spend in the city.
Councilmember Mesaros said when the ten cities are determined, Council/Legislative Assistant Maureen
Judge will conduct six surveys and as he and Councilmember Teitzel will each conduct two. Review of the
data is tentatively scheduled for review at the November 4 Council meeting. He hoped to present a summary
of the evaluations received at next week's meeting. Once that is presented, Council President Fraley-
Monillas requested a copy of the evaluations be retained in the Council office.
11. MAYOR'S COMMENTS
Mayor Earling referred to the fine art community in Edmonds, noting the opportunity to tour artists' studios
this Saturday and Sunday. The tours are a fabulous opportunity to see a lot of great art and talk to the artists.
12. COUNCIL COMMENTS
Councilmember Tibbott reported the studio tour is one of his favorites. He agreed it was a great opportunity
to see art up close and learn how creative people develop their ideas. While on a hike at Meadowdale Beach
recently, he picked up guides on Snohomish County trails for Councilmembers which are available in the
Council office. The guide includes a great description of Meadowdale Beach and other hikes in Snohomish
County.
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September 17, 2019
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Councilmember Buckshnis reminded of Paws in the Pool this weekend at Yost Pool sponsored by the
Edmonds Parks & Recreation. The pool will be closed for the season after this event. Dogs under 50 pounds
are welcome from 10 a.m. to 12 p.m. and 1 p.m. to 3 p.m. for dogs over 50 pounds. A number of sponsors
are also participating.
Councilmember Buckshnis displayed an Edmonds Tribute Review newspaper dated December 9, 1954
given to her by a friend, noting there were problems with Esperance even then. The newspaper is an
interesting read including Snake Road becoming Olympic View Drive. She hoped the newspaper could be
given to the historic museum. Councilmember Buckshnis reported she will be calling into the Council
meeting next week from Wisconsin.
Councilmember Johnson reported in addition to studio tour, this weekend is the first Edmonds Oktober Fest
at the Frances Anderson Center field sponsored by the Rotary Club.
Council President Fraley-Monillas invited any Councilmember interested in the Scarecrow Festival to put
together a scarecrow for display in front of City Hall. She encouraged the public to attend the Friendship
Festival at Harvey Airfield in Snohomish County on Saturday from 1-4 p.m., a free event that includes
rides, food, activities and a live band. She thanked Councilmembers Nelson and Johnson and Student
Representative Bauder for volunteering for the Indigenous People Outreach Task Force. Councilmember
Nelson will chair the task force and the members will determine meeting times. She looked forward to
future discussions.
Councilmember Mesaros reported two years ago when his wife and he went on the studio tour, his wife
won a door prize provided by one of the artists. He agreed the studio tour was a fun day.
Councilmember Nelson referred to the weight classifications for the Paws in Pool, noting he probably won't
bring his 165 pound dog.
13. CONVENE IN EXECUTIVE SESSION REGARDING POTENTIAL LITIGATION PER RCW
42.30.1 100)(i
At 8:37 p.m., Mayor Earling announced that the City Council would meet in executive session regarding
potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last
approximately 10 minutes and would be held in the Jury Meeting Room, located in the Public Safety
Complex. Action may occur as a result of meeting in executive session. Elected officials present at the
executive session were: Mayor Earling, and Councilmembers Johnson, Fraley-Monillas, Buckshnis,
Tibbott, Mesaros and Nelson. City Attorney Jeff Taraday was also present. The executive session concluded
at 8:50 p.m.
14. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN
EXECUTIVE SESSION
Mayor Earling reconvened the regular City Council meeting at 8:51 p.m. There was no decision as a result
of meeting in executive session.
15. ADJOURN
With no further business, the Council meeting was adjourned at 8:52 p.m.
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DAVID O. E RLING, M OR
PASY, CITY CLER
Edmonds City Council Approved Minutes
September 17, 2019
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