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20190924 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES September 24, 2019 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Adrienne Fraley-Monillas, Council President Michael Nelson, Councilmember Kristiana Johnson, Councilmember Thomas Mesaros, Councilmember Diane Buckshnis, Councilmember (via phone) Dave Teitzel, Councilmember Neil Tibbott, Councilmember ALSO PRESENT Zach Bauder, Student Representative CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Shane Hope, Development Services Director Rob Chave, Planning Manager Rob English, City Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. LAND ACKNOWLEDGEMENT Councilmember Teitzel 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. 4. APPROVAL OF AGENDA COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER WITH THE ADDITION OF "CLARIFICATION OF LEGISLATIVE INTENT REGARDING COUNCIL LIAISONS TO THE CITIZENS HOUSING COMMISSION" AS AGENDA ITEM 8.2. MOTION CARRIED UNANIMOUSLY. 5. JOINT DISCUSSION DISCUSSION WITH THE EDMONDS PLANNING BOARD Edmonds City Council Approved Minutes September 24, 2019 Page 1 Planning Board Members introduced themselves: Roger Pence (Alternate), Nathan Monroe, Matt Cheung (Chair), Daniel Robles (Vice Chair), Alicia Crank, Mike Rosen and Conner Bryan (Student Representative). (Planning Board Members Todd Cloutier and Carreen Nordling Rubenkonig were not present.) Chair Cheung listed topics the Planning Board has been working on since the last update: • Non -Conforming Building Code amendments • Street Map amendments • Update from the Parks & Recreation Department • Vision 2050 • Development activities • Comprehensive Plan • Climate Goals • Sustainability • Ruckelshaus Center RoadMap project • Urban Forest Management Plan • ECDC 20.70 Street Vacation amendment • Joint discussions with the Architectural Design Board (ADB) about their role in the design review process • Indigenous Peoples Land Acknowledgement Statement Vice Chair Robles reported the Planning Board enjoyed meeting with the ADB which is comprised of incredibly talented people. Meeting with them was very productive and the Board welcomes future collaboration with the ADB. Chair Cheung identified two topics they wanted to discuss with Council, 1) housing, including housing concepts the Planning Board can work on when the Housing Commission begins their work, and 2) communication between the City Council and boards and commission. With regard to housing, Chair Cheung said the Planning Board was interested in exploring detached accessory dwelling units (ADU) and has enjoyed collaborating with the ADB and Economic Development Commission (EDC) and was interested in future collaboration with them as well as with the Housing Commission. Board Member Monroe expressed interest in the Council's input regarding detached AUDs with regard to code requirements, setbacks, parking, etc. and things the Board can do to allow organic growth to occur in the community on a parallel path with the Housing Commission. Councilmember Johnson recalled past Planning Board presentations have included discussions about the Board's extended agenda and she requested an update on the extended agenda. For example, she recalled code amendments for the Five Corners area were referred to the Planning Board years ago and when the City Council indicated it was a lower priority, it was put on the extended agenda and nothing has happened. She asked when the Planning Board intended to consider that topic. Development Services Director Shane Hope said Planning Manager Rob Chave and she have discussed that; it is on the extended agenda, but will not be considered this year. Councilmember Johnson asked if the process would begin next year. Ms. Hope answered it will depend, she will report back to the Council. Councilmember Mesaros thanked the Planning Board for the work they do on behalf of the City, commenting most citizens would find it difficult to explain what the Planning Board does. With regard to the opportunity for detached tiny houses, he attends worship in a small church in the Madrona neighborhood of Seattle that put in a tiny house and have one resident living there who was previously homeless and who the church anticipates will live there 12-18 months. The church community has helped this person get settled, consistency in their work and help them feel part of a community with no obligation to attend church services. The church acknowledges they cannot solve homelessness but can help this one individual. He Edmonds City Council Approved Minutes September 24, 2019 Page 2 discussed this with a couple of Seattle City Councilmembers, pointing out there are 300 houses of worship in Seattle and the possibility of each one building one tiny house on their property and providing support to that individual or family. It would reduce the issues the government is dealing with because there would be a network of people helping their fellow citizens. Councilmember Mesaros suggested the Planning Board look at how many houses of worship there are in Edmonds and whether there was an opportunity to encourage them to offer this opportunity on their property with infrastructure provided by the .religious. community.. Board Member Monroe agreed that was an appropriate use of a detached ADU. Where he sees his friends using detached ADUs is they purchased their parent's home, and the parents downsize to a smaller unit behind which provides multiple benefits such as built-in babysitter, parents remaining in the same community, etc. Board Member Crank expressed appreciation for Councilmember Mesaros' idea, particularly as she works in downtown Seattle for an organization trying to eliminate homelessness. The challenge she sees is Edmonds is a smaller community, and does not have the space to accommodate that type of thing. She was hopeful when discussion begin about detached ADUs that the City looks at Santa Cruz's model, similar to Board Member Monroe's example, additional housing for existing family. Santa Cruz only allows one attached or detached ADU on a property and it must be occupied by a family member. She was also concerned that Councilmember Mesaros' example puts pressure on houses of worship's resources and suggested that would require consideration of what resources the City was willing to provide houses of worship. Councilmember Tibbott said he was very interested in variations of detached ADUs that are seen around the country. One of the variations is a family member which is becoming more difficult to define and whether to require owner occupied or allow non -owner occupied. Other considerations are how much of the property could be occupied, impervious surfaces, architectural design, what size lots could accommodate a detached ADU, etc. He suggested that would be a valuable discussion for the Planning Board to have to pave the way for the Housing Commission's discussion. He reported on an ADU he saw this weekend that was attached by a breezeway and had a beautiful view of the backyard landscaping and was a very nice living arrangement for the property owner's mother. He noted some tiny houses are built so poorly that they become disposable over 15-20 year and questioned whether that would be acceptable in Edmonds. Councilmember Teitzel thanked the Planning Board for their work and echoed Councilmember Mesaros' comments, finding the Planning Board a very insightful, well informed group whose work helps the City Council make better decisions. He referred to the comment about the Planning Board doing work in parallel with the Housing Commission on detached ADUs and expressed his preference to allow the Housing Commission to get some traction and the Planning Board work in an advisory capacity. When interviewing candidates for the Housing Commission, he heard concerns from several applicants about detached ADUs including additional parking in residential areas, the height of structures, additional density, etc. He preferred to let the community air those concerns before going too far in the discussion about codes. Vice Chair Robles commented the ADB is a hidden gem; individuals with extraordinary intellect and creativity. There are many variations of ADUs, detached, attached, split levels with two units, etc. The issues associated with ADUs are things that the ADB can address including impervious surface, security issues, parking, codes, etc. that need to be addressed before going forward with a viable strategy for aging in in place, family reunification, and affordable housing. The ADB will be an important part of that discussion. He would like the Planning Board to work closely with the ADB and the Housing Commission. Edmonds City Council Approved Minutes September 24, 2019 Page 3 Board Member Crank said the Planning Board was seeking clear direction from the City Council regarding the Planning Board's role in housing and who should be doing what and when so there is no stepping on toes. Vice Chair Robles suggested the Planning Board could help coordinate oversight. Council President Fraley-Monillas suggested after the Housing Commission received training, developing a subcommittee with representatives from the Housing Commission, Planning Board, ADB, City Council and staff to vet some of these issues. She relayed attached ADUs are allowed in Edmonds and there are approximately 7-9 permitted per year. In her conversations with community members about detached ADUs, issues include providing onsite parking, ensuring the owner lives on property, and determining how many ADUs are allowed on a property. She did not feel it was time to talk about housing the homeless in detached ADUs in Edmonds because clear direction with regard to the homeless has not be established. That may be a future discussion and she wanted to ensure there was adequate citizen input. Council President Fraley-Monillas commented on the Planning Board and the ADB coordinating their efforts, noting there have not been any ADB -related code changes in many years. She relayed citizens' concern with the box building look and suggested that was something the Planning Board could consider in coordination with the ADB, maintaining the look and feel of Edmonds while allowing for new and unique design. Chair Cheung said the primary reason for the focus on detached ADUs is aging in place. Recent housing data shows there are a lot of 1-2 person households in Edmonds, many living in 4-5 bedroom houses. Detached ADUs would increase the diversity of housing options available and allow an owner to live in the detached ADU and rent the house. Council President Fraley-Monillas said she has heard from citizens interested in doing that, building a detached ADU, moving into it and renting their house. The bigger concern is everything on the property being a rental and how that can impact the neighborhood. Chair Cheung said the Planning Board is interested in hearing residents' concerns such as parking, safety, etc. Council President Fraley-Monillas summarized it is doable, it is just a matter of planning and who is involved in the planning to ensure it is successful. Vice Chair Robles said definition is important so that citizens have the same opportunities as developers such as the ability to finance construction of a detached ADU or divide their house to create an attached ADU. The code needs to be clear so that the bank will loan money, the insurance company will insure it and the asset can be capitalized. Councilmember Mesaros clarified his comments were not advocating only for housing for the homeless. To Board Member Crank's comment about the City's obligation to help support houses of worship, in the instance of his church, they have no expectation that the City of Seattle will provide any support. With regard to separate water and electricity, his church decided that was part of their ministry to provide that for the tiny house. He summarized the tiny house his church provided is just one option of many. His small church which has 77 members with 35 regular donors made a thoughtful commitment to do this. It was not always easy, the building was red -tagged by the City. Interestingly, the neighbors who do not attend the church rallied around this idea and became advocates. The church building is 100 years old and located on three city lots; one small parcel is occupied by the tiny house. He summarized it can be done although he knew of only one other church in Seattle doing it. Councilmember Nelson expressed his appreciation for all the Planning Board does and the question about detached ADUs and which board/commission is doing what. He said it was helpful to read the Housing Commission's mission, "To develop for Council consideration diverse housing policy options designed to expand the range of housing available in Edmonds." The question was not whether or not detached or attached ADUs or opportunities to age in place were needed, everyone would argue there is a need, but he did not want to step on the toes of newly formed Citizens Housing Commission whose job is to provide Edmonds City Council Approved Minutes September 24, 2019 Page 4 policy recommendations to Council. He cautioned the Planning Board about delving into that before the Housing Commission has had first meeting and suggested waiting to see where it makes sense. He agreed with the Planning Board partnering with the ADB but was hesitant about them taking up ADUs. Councilmember Buckshnis expressed her appreciation for the Planning Board's work, commenting she thoroughly enjoys reading their minutes and watching the video of their meetings. She thanked City Clerk Passey posting the videos. She echoed Councilmembers Teitzel and Nelson's comments about not jumping into. the ADU. arena. ,She. recalled Board Member Cloutier cautioned the. Planning Board about being. directly involved with Housing Commission because it was just starting and their role was assigned by the City Council. She expressed interest in code updates, specifically new code related to the Urban Forest Management Plan (UFMP). She referred to the Planning Board's August 2019 minutes, and agreed there needed to be incentives to prevent clear cutting. She suggested the Planning Board could also concentrate on the Roadmap to Washington's Future. She summarized people do not realize how much work the Planning Board does, they are very thoughtful and thorough and make the City Council's job easier. Councilmember Tibbott commented there is a lot of work still to be done on the code update especially related to low impact development which can help maintain open space. The Board could also look at sustainable construction codes, handling of stormwater, nonconforming development on property that was previously in Snohomish County including where those transition zones exist and whether there conflicts between areas zoned for multi -family that are developed with single family or nonconforming uses. Those areas would be profitable for the City and lend to future discussion regarding housing strategies. Councilmember Johnson also appreciated the hard work the Planning Board does, commenting Councilmembers Tibbott, Nelson and she previously served on the Planning Board. She was concerned about the extended agenda, commenting some things have been discussed but never get done such as the subdivision code review. She recommended getting the code update on the schedule, noting it has been a sore subject for Council President Fraley-Monillas and Councilmember Buckshnis who have been on the Council for nine years. Chair Cheung asked what was the most effective way for boards, commissions and City Council to communicate and for the Planning Board to provide feedback to the City Council whether it should be a formal written motion with recommendation or comments in the minutes. Board Member Rosen thanked the City Council for their service. He commented the Planning Board serves at the City Council's pleasure; it is the Planning Board's understanding their role is to share their opinions and that can be done either independently or as group. Sometimes board members have strong opinions and sometimes they have a lot of opinions; comments in the minutes make it difficult for the reader to judge the weight or consensus. The Planning Board wants to ensure they are providing information to the Council in a format they can use. Councilmember Mesaros anticipated there would be seven different answers to that question. There are multiple ways to communicate; part of the issue is what message the Planning Board is trying to deliver. The Planning Board minutes are one opportunity to communicate; the Planning Board has an obligation to produce minutes and the City Council has an obligation to read them. Staff is another method for communication. Planning Board members can also ask to be on the agenda or to speak at a Council meeting. He summarized intentionality was always a good thing. Council President Fraley-Monillas commented the Council used to have stronger communication with the Planning Board including periodic reports. She agreed the City Council has an obligation to read the Planning Board minutes, but it may be worthwhile to discuss how to have more frequent dialogue between the Planning Board and the City Council. She suggested perhaps a monthly or quarterly report, and suggested discussing with staff what had been done in the past. Edmonds City Council Approved Minutes September 24, 2019 Page 5 Councilmember Tibbott appreciated that the Planning Board minutes reflect the deliberations and multiple points of view which helps broaden his thoughts when making decisions. If there is a heated topic, it is helpful for the Council to hear from Planning Board even if it is during Audience Comments. Councilmember Nelson recalled when he was on the Planning Board, forwarding a recommendation to City Council and the City Council changed it. He suggested an informal quarterly meeting between the Planning Board Chair and the Council President to discuss topics and reasons for recommendations and to maintain regular open lines of communication. He agreed with having an additional way of communicating besides the minutes. Councilmember Johnson explained when a recommendation is forwarded by the Planning Board, it is usually a written formal recommendation and includes all the minutes regarding the topic. That gives the City Council an opportunity for review prior to discussion at the City Council. She suggested more time for review would be helpful and invited the Planning Board to make a presentation to the Council on their recommendations. Councilmember Buckshnis said adding the Planning Board videos to the website was very helpful. She recalled items on which the Planning Board did a lot of work and it did not go anywhere or the City Council did not follow the Planning Board's recommendation. She concluded the Planning Board minutes are very thorough and capture commissioners' input. Board Member Crank appreciated the City Council's appreciation of the diversity of thought and ideas on the Planning Board. She recognized Board Member Rosen for recapping everything that was discussed. Vice Chair Robles said ADB members are licensed professionals. There are safety and other considerations related to ADUs. Once the technical issues are settled, it opens door for the Housing Commission to do their work. He asked about boundaries for what board members say, social media policy, and the science on crumb rubber and 5G and vaping that has not come to the surface. Chair Cheung advised the Planning Board planned to have a follow-up discussion with the ADB. The ADB expressed concern that their contribution occurs at the end of projects and they would like to be more involved at the beginning and to contribute to the design standards. The Planning Board will be discussing an amendment to the ECDC to allow lodging uses in the CW zone. Mayor Earling thanked the Planning Board for their work. Mayor Earling declared a brief recess. 6. AUDIENCE COMMENTS Ken Reidy, Edmonds, thanked the Planning Board for their public service; he has attended several meetings and they do a fantastic job. He relayed the City of Edmonds government knows it has operated with a flawed code for at least 19 years, both the Edmonds City Code (ECC) and the Edmonds Community Development Code (ECDC). On October 25, 2005, former Development Services Director Duane Bowman said he had been describing the need to update the zoning code since he was hired in 2000. A comment was made that the City's code dated to the 1980s and piecemeal amendments made it difficult to use and administer. In September 2007, a former Hearing Examiner stated that several code revisions failed to provide adequate guidance because of the use of the phrase, "and so forth" which creates ambiguities within various criteria for approval. Twelve years later, use of the phrase "and so forth" is still found in the City's code, ECDC 20.75.085 for example. Mr. Reidy relayed former City Attorney Scott Snyder stated in his November 2007 annual report that the biggest issue at the start of 2007 was the code rewrite. Mr. Snyder stated the intent was to begin the rewrite Edmonds City Council Approved Minutes September 24, 2019 Page 6 last year and finish it in 2007. Mr. Snyder summarized that the code rewrite was approximately a year behind schedule as of November 2007. The 2009-2010 budget included the following: major 2009-2010 budget issues: completion of the City's Shoreline Master Plan update and the ECDC rewrite will occur in 2009-2010. Completion of the code rewrite did not occur. In late 2012 during a public hearing on the 2013 budget, he stated that five years had passed since Mr. Snyder stated the intent and he questioned why the code rewrite had still not been completed. He urged the Council to include the proper amount in the 2013 budget to complete the long overdue code rewrite. Over the years hundreds of thousands of dollars have been budgeted,_ yet the City's co dip still flawed and has been s_o_ for at_least _19_yers_He_questioned why____ this budgeted priority has not been executed. Mr. Reidy relayed an open house in March 2015 trumpeted the City's just -launched code rewrite process, a process advertised as a major update of the City's development code. He attended the open house in hopes that finally the code rewrite would be finished. The City's website has a page for the update but no updates have been posted for 3'V2 years; the last update was March 2016. He urged the Council to finish the code rewrite, including the ECC which is also flawed. The code rewrite was supposed to be the top priority over a decade ago. 7. APPROVAL OF CONSENT AGENDA ITEM COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. (Councilmember Johnson was not present for the vote.) The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES 2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 3. AUTHORIZATION OF PARTICIPATION IN APPEAL OF FCC ORDER 4. ACCEPT A PUBLIC PEDESTRIAN AND UTILITY EASEMENT ON 215TH PL 8. STUDY ITEMS CITY ATTORNEY EVALUATION SUMMARY REVIEW Councilmember Mesaros distributed a City of Edmonds Performance Evaluation Summary for City Attorney Services September 24, 2019. He provided the following observations, first, this is a difficult process; it is the one position for which an evaluation is done in a public forum due to the vendor relationship. Second, this evaluation tends to be done when there is a renewal of the contract; other evaluations are done annually and there is good interaction, feedback, and interplay. Third, the City Attorney reports to the City Council and unlike other reporting relationships, does not report to one person. Some might say the Council President should be the supervisor or that the Mayor has a role in representing the directors, but that is not formalized. If someone has an issue with the working relationship with City Attorney, there is no one to go to arbitrate or discuss it. Another observations when reading the comments and reviewing the evaluations was there was a difference between reviewers' expectations. Councilmember Mesaros explained this is a multi -phased process and he has shared a majority of the information with City Attorney Jeff Taraday. Respondents were asked to respond to the questions with a rating of 1-7. The summary includes two columns with scores. Three of the respondents did not follow the instructions and, for the most part, did not utilize a numerical rating. The first column represents an attempt to apply a numerical rating to their answers on the questionnaire. The second column represents the elimination of their answers except when a numerical number was used or N/A was indicated. The summary Edmonds City Council Approved Minutes September 24, 2019 Page 7 reflects the number of respondents, number of N/A, highest score, lowest score, average score for each question. His general observation was typically the scores were 5 and above, a few 4 and 1-2 below 4; in general the responses were positive. The evaluation sheets included an opportunity for respondents to include their name; approximately half included their names. Councilmember Mesaros referred to the back page, a written response sent separately that was not included with an evaluation. The response is written in a plural format indicating it was reflected a group of people although there is no indication where it came from. There were a number of written comments in the evaluations and those will be available in a notebook in the Council office. He summarized there were many positive comments submitted in addition to the comment that was included with the summary. Council President Fraley-Monillas clarified the back page was submitted as one comment. She thanked Councilmember Mesaros for his work, commenting it will take time to review. Councilmember Mesaros said his intent was not to reach a conclusion tonight, just to introduce it. He emphasized the unusualness of this process for an item of a personnel nature, recognizing Lighthouse for their sense of courage. Council President Fraley-Monillas asked if some evaluations rated every question 7 or 1. Councilmember Mesaros said there were none with either all 7s or all 1 s, they were all mixed. He noted respondents who rated a question with a 1 would rarely rate another with a 7 and vice versa. Council President Fraley- Monillas commented it was probably statistically accurate then. Councilmember Teitzel thanked everyone who responded to the questionnaire. He remarked this is an important process because the Council is on the threshold of making important decisions about legal representation and it is important to understand where things are going well and where improvement might be needed. He commented the responses are potentially skewed because responses were not provided by two department heads who left the City within the last year and had worked closely with Mr. Taraday. Councilmember Mesaros referred to question 4b and 5a on page 7 and provided the following statistical observation: elimination of the three respondents results in a higher score and in 5b, there were 9 N/A leaving only two respondents and a high score of 6 and low score of 6. For one question there was only one respondent due to N/A and the high and low score was 7. Council President Fraley-Monillas asked why the three respondents were excluded. Councilmember Mesaros referred to question 1 a, the three respondents answered "yes" rather than with a rating. On question lb, the three respondents answered with a rating because the question specifically asked for a rating. Council President Fraley-Monillas asked if Councilmember Mesaros knew how many of the 13 respondents were electeds or staff. Councilmember Mesaros said no because not everyone provided a name. The questionnaire was provided to Council, Mayor and seven directors. Total possible respondents was 15 (8 elected and 7 directors) and directors were offered the opportunity to give the questionnaire to direct reports who work closely with the City Attorney. If the questionnaires from the three respondents who did not answer correctly included a name, Councilmember Buckshnis asked Councilmember Mesaros whether he reached out to them. Councilmember Mesaros answered two of the three did include names but he was compiling the information on Sunday and did not have an opportunity to contact them. He attempted to apply a number to their answer; if the respondent answered "yes" he gave that a 7, if there was hold back he gave a 5 or 4 and if the answer was no, he gave it a rating of 1. He acknowledged there was some judgment on his part which could be faulty which was the reason he included the second column. Council President Fraley-Monillas said perhaps the second column should not be included. She asked if he would be willing to contact the two. Councilmember Mesaros said he could do that by next week. Edmonds City Council Approved Minutes September 24, 2019 Page 8 Councilmember Mesaros suggested Mr. Taraday be offered an opportunity to respond. Mr. Taraday said this is an interesting and somewhat frustrating process for him. An evaluation was last done five years ago and he has not had any official review/evaluation since then. If the purpose of the review was to improve service, he recommended a different way of providing feedback to the attorney and a different level of frequency. He was interested in improving services to the extent that feedback indicates improvement is needed. He reiterated that Ms. Hite and Ms. Hardie were not among the respondents. That was particularly significant from his perspective because Lighthouse worked closely with those two directors. Ms. Hite worked with him monitoring- the Ebbtide litigation which in 2017 was the third most timely matter Lighthouse worked on and the single most time consuming in 2018. He summarized the single biggest project in their firm and the person who supervised it did not provide feedback to the Council. He had strong reason to believe that if Ms. Hite were able to provide feedback, her scores would have increased the average score and similarly if Ms. Hardie were able to provide feedback. Ms. Cate worked closely with Ms. Hardie; in 2017 Human Resources was the second most time consuming matter that Lighthouse worked on and the third most time consuming in 2018. Ms. Hardie's absence from the respondent class is significant. Because of the level of work Lighthouse provided to Human Resources and the high level of service Ms. Cate provided, had Ms. Hardie submitted an evaluation it would have been positive. Mr. Taraday remarked it is an interesting relationship when the City has a contract City Attorney. While he agrees there is no one single person who is his or his firm's direct report, the structure of the City is such that directors or staff who are unsatisfied with their work should be able to take that issue to the Mayor and if the Mayor feel it is appropriate, bring it to the City Attorney and ask them to address it. It could be as simple as a quick check-in while he is in the City during office hours twice a week, a telephone call or a formal meeting. The fact that there has not been that kind of negative feedback from the Mayor at least recently suggests they were doing a good job. It was disappointing to see what he believed were comments from a particular department. He did not want to name the department publicly but said he would be happy to give Councilmembers his impression privately. Further, it was disappointing those concerns were not taken to the Mayor and then to him. He acknowledged perhaps they were taken to the Mayor and he felt they were not significant enough to pass on which is the Mayor's prerogative. Mr. Taraday said one area where scores were not as high as other areas was timeliness. He commented timeliness is essentially a function of three things, first, competing prioritization; every department has priorities that compete with one another. He reprioritizes his work on a nearly daily basis and can reprioritize projects if he knows about it. Second, there is obviously a relationship between response time and resources. As with any service, response time can be increased by adding resources and vice versa. That was not to suggest that more resources needed to be added but timeliness needed to be viewed through the lens of resources. He referred to their annual report, the total hours worked on behalf of the City, divided by the total cost, the hourly rate was $141 which by any legal standard is a screaming deal for the City. He did not intend for that to sound like a complaint but they are working really, really hard for the City of Edmonds. If they are not turning things around fast enough, there needs to be a conversation about resources. Third is efficiency, how efficiently are they working. He did not mean to suggest Lighthouse cannot improve on their end; there are ways to restructure the workflow with an eye toward improving turnaround time. Mr. Taraday said he did not know how the Council would use the Performance Evaluation Summary and he hoped the Council found it more helpful than he did. It did not give him enough direction to know where or how they needed to improve. Obviously he would love for the evaluation summary to have all 7s. In the areas that do not have all 7s, all he knows is someone somewhere is dissatisfied and with the exception of the author of the comments on back, he did not know who those people were. He expressed interest in a distribution of the scores, suggesting if 1 of the 13 respondents submitted 1 and 2 ratings, that would drive down the averages. Having one outlier who was unhappy was a different issue than Lighthouse's Edmonds City Council Approved Minutes September 24, 2019 Page 9 performance. He offered to talk to Councilmembers privately in more detail about his performance and invited the Mayor to let him know where they can improve and reprioritize. Councilmember Mesaros thanked Mr. Taraday for comments, noting it was good for the Council to hear them. With regard to his comment about distribution of scores, he offered to prepare a spreadsheet with questions and responses. Councilmembers agreed that would be helpful. Council President Fraley-Monillas suggested Councilmember Mesaros reached out to Ms. Hite and Ms. Hardie. Councilmember Mesaros said he left a message once and neither responded; he will reach out to them again. Councilmember Johnson said she was one of respondents that did identify herself and offered to identify her responses. She said it would be extremely helpful to separate the Council and Mayor/Director responses. Councilmember Mesaros said that was not possible because a number of the respondents did not include their names. Councilmember Johnson suggested asking Councilmembers to identify themselves. Councilmember Teitzel read question 6a, "Are requested legal work and assignments completed within a clearly established time frame?" noting the average was 3.9 and 3.7, lower than many of the other categories. In thinking about his interactions with Mr. Taraday when he reaches out to him on an issue he thinks is important, it was his hope he would get a prompt response. His failing was he typically did not identify a timeframe. Without clearly communicating a timeframe to Mr. Taraday, he was unsure he knew what response was expected. The expectation should be to communicate a clear timeframe to Lighthouse and in exchange he can communicate what can be expected by way of response. He suggested having more rigor in the future with regard to communicating timeframes would provide an improved result. Council President Fraley-Monillas disagreed with Councilmember Johnson on anonymity. The original idea for getting a good evaluation was based on anonymity. The last time an evaluation was done, there were not a lot of responses because names were required on the evaluations. Councilmember Mesaros said this time half provided names and half did not. Council President Fraley-Monillas said to figure out who is who would require doing the survey over and people might put different answers if they were identified. Councilmember Mesaros interpreted Councilmember Johnson's request to be separating Council responses and administrative responses, not identifying the individuals. If he knows which questionnaires were completed by Councilmembers, the rest are administrative. Council President Fraley-Monillas preferred to retain anonymity. Councilmember Mesaros asked what Council wanted. Council President Fraley-Monillas said she did not see the purpose in identifying Council and Administration; the purpose was a blend of Directors and perhaps director's staff and Council. This should have been discussed in the beginning, whether the responses were anonymous or identified as Council or Administration. Councilmember Johnson said Mr. Taraday spoke eloquently about Directors he has worked closely with, but the Council was not aware of that. The reason she wanted the Directors and Mayor separated from Council was they have different experiences. It would be helpful to separate those groups and would provide more information to Mr. Taraday. Councilmember Teitzel commented it was a disservice to the respondents because this was identified as an anonymous survey and bifurcating the responses between Council and Staff erodes that anonymity. He did not support separating Council and Staff. Edmonds City Council Approved Minutes September 24, 2019 Page 10 Councilmember Buckshnis supported having the responses remain anonymous and attempt get an evaluation from Ms. Hite and Ms. Hardie. She agreed Council is not aware of the level of work Lighthouse does for staff. Councilmember Johnson said she was not aware when this started that she would like this information; after seeing the results, it does not provide the direction she needs as a Councilmember. She asked about the number of respondents that needed to be identified. Councilmember Mesaros clarified 13 responses were received, Qniy.half identified themselves. Mayor Earling commented this discussion was taking the Council temperature, but not Staff's. Changing the rules at this point was the wrong thing to do. He characterized his and Mr. Taraday relationship as uneven at least in the beginning, but over the years he has grown to respect his work, recognizes he carries a big load and is stretched thin and in the last few years has spoken highly of his work. Councilmember Mesaros said he will prepare a distribution of scores, try to include Ms. Hite and Ms. Hardie and reach out to the individuals who filled out the survey incorrectly. 9. CLARIFICATION OF LEGISLATIVE INTENT REGARDING COUNCIL LIAISONS TO THE CITIZENS HOUSING COMMISSION Councilmember Teitzel relayed the first meeting of the Citizens Housing Commission (CHC) is this Thursday. Councilmembers have done a tremendous amount of work to identify commissioners and alternatives and are pleased with the quality of people who were selected. When Resolution 1427 was adopted establishing the CHC, Section 1.F.2 Liaisons states, "Two Councilmembers shall be assigned to the commission as Council liaisons in an advisory (non-voting) role." The intent when the resolution was adopted was that there would be two permanent Council liaisons assigned to the CHC. It is important to identify those Councilmembers so they can attend meetings. Having consistent Council representation at meetings is very important as the commission is formed and beginning strategize. He acknowledged due to the election new Councilmembers will be seated but that should not be a showstopper for appointing liaisons. The Council has a regular process at the beginning of the year for appointing for Councilmembers to boards and commissions; this appointment is no different. In his opinion, the legislative intent was to establish two permanent Council liaisons when the CHC is seated. Council President Fraley-Monillas recalled talking to the Council about this previously and reaching agreement. For the next three months, the CHC will meet once a month to receive specific training on topics such as what affordable housing means, existing codes, etc. She wanted consistent Council participation and the only two Councilmembers who will for sure be on the Council next year are she and Councilmember Johnson. She and Development Services Director Hope discussed allowing different Councilmembers to attend the next three meetings. She previously asked the Council for volunteers and only Councilmember Tibbott responded. She assumed Councilmember Tibbott and she could attend the first CHC meeting and perhaps other Councilmembers would be willing. The resolution states two Councilmembers shall be assigned, it does not say how that will be done. A number of the candidates for Council are interested in housing so she did not want to limit the liaisons to she and Councilmember Johnson for the next year. Ms. Hope acknowledged there are various options for appointing Council liaisons. During the early months, the commission will be learning and getting to know each other. This commission is comprised of 15 people who have not previously served as board/commissioners before; they will need to learn about open public meetings, etc. as well as learning what is important to them. She summarized that process will take a while. Council President Fraley-Monillas said she was willing to appoint Councilmember Johnson and herself but thought all Councilmembers might enjoy being part of the CHC between now and the first of the year. Edmonds City Council Approved Minutes September 24, 2019 Page 1 ] Councilmember Mesaros liked Council President Fraley-Monillas' direction. It is unusual to have this much turnover on the City Council. The CHC will meet for 18-24 months and it will be a good idea to have the Council liaisons to serve for the entire time. It also provides an opportunity for more Councilmembers in this transitionary period to have the experience with the CHC. If Councilmember Tibbott and she attend the first CHC meeting, other Councilmembers can attend October and November meetings. Councilmember Teitzel said he was trying to ensure he understood Council's intent when the resolution was approved and that was not his intent. He suggested having a vote to ensure there was a clear understanding. Councilmember Tibbott agreed with Councilmember Mesaros. He did not see that the wording of the resolution prohibited appointments on a monthly basis rather than permanent. He suggested this was an opportunity for two Councilmembers to participate in each meeting while the commission was forming. Council President Fraley-Monillas suggested Councilmember Teitzel attend Thursday's meeting. Councilmember Johnson volunteered for the November or December meetings. 9. REPORTS ON OUTSIDE BOARD AND COMMITTEE MEETINGS Councilmember Johnson reported on the selection of the housing consultant; a selection committee comprised of Shane Hope, Brad Shipley, Rob Chave and she met with five consultants. She reported the City did not agree to sign a letter in support of Snohomish County's proposal to change the Urban Growth Area. Cities on the urban edges are supportive of Snohomish County's proposal. She recommended whoever attends the Snohomish County Tomorrow meeting explain the City's reasoning. Councilmember Tibbott reported the Economic Development Commission (EDC) meeting included discussion regarding the top five sales tax categories. Most years the highest revenue producer is retail automotive; however, construction was the highest in 2018 and both are near all-time highs. It will be interesting to watch those revenues sources in 2019. The other three categories also continue to increase, for example eating and drinking is on a steady incline leading to the question whether that is such a part of life in Edmonds that it can be expected to continue to grow. Council President Fraley-Monillas reported Snohomish County Transportation Coalition (SNOTRAC) has been taken over by the Worksource agency in Everett and will be meeting quarterly. SNOTRAC received an award from WSDOT for a link between Carnation and Duvall to Monroe. She has attended multipole Health District meetings as she serves on their executive, budget and building committees. The district is in the process of hiring a new physician and then will hire an administrator. The district is facing a budget crisis and is considering layoffs and program cuts due to inadequate funding provided by the state. Council President Fraley-Monillas reported the Diversity Commission's film series begins in October, posters are on display through the city with details. She encouraged the public to attend the free movies shown at the Edmonds Theater on one Saturday a month at noon. Councilmember Mesaros reported the Seashore Transportation Forum discussed the deterioration of 1-5 and the billion dollar cost to make repairs from Olympia to Mt. Vernon. There was also a presentation by Stephanie Stebbins, the director of maritime services for the Port of Seattle, formerly the environmental compliance officer, who outlined specific investments to improve the Port of Seattle's environmental impact on Puget Sound. He reported the SN0911 Board meeting included discussion regarding minor changes to the bylaws due to the merger with SERS and developing a purchasing plan to purchase a new radio system, as well as approval the new assessment formula by a super majority (13-1). The assessment saves Edmonds $90,000 in 2020. Last month's PFD Board meeting was primarily routine items. Edmonds City Council Approved Minutes September 24, 2019 Page 12 Councilmember Nelson reported the Lodging Tax Advisory Committee reviewed funding requests. The operator of the holiday trolley is getting out of that business; there was discussion about the future of the trolley including interest in a permanent trolley. There are outreach efforts to businesses, the Chamber and other entities and potentially a budget request. The Youth Commission plans to hold a forum on October lot" from 4 — 6 p.m. in the Plaza Room; topics include diversity, hate crimes, climate change and other environmental issues, sexual harassment and mental illness. The Youth Commission met with the Diversity Commission Chair and- looks forward to working with the Diversity Commission in the future. Councilmember Teitzel reported the Port of Edmonds' financials continue to be strong; tenancy at the marina and Harbor Square is close to capacity. Their balance sheet is strong and will improve further when they retire debt in mid -2020 associated with bonds issued to purchase Harbor Square. The Port's long range capital plan includes replacement of all the docks in approximately 25 years. The docks are in a very harsh marine environment and all are approximately the same age. The Port is working on a long term plan to fund that replacement, estimated to cost $200M. The wood planking in the center of the mid -marina breakwater has been rotting for some time; the cost of repairs is estimated at $700,000. The goal is to have repairs completed before winter storms because if the rotted planks were to fail, a storm surge could damage the interior of the marina. Monthly rates for dry boat storage have been relatively flat; because a few tenants are very heavy users, going in and out almost daily, the Port is introducing a new rate structure. Effective January 1, 2020, there will be a flat rate for up to 21 forklift moves per month, additional moves will cost $25 each. Councilmember Teitzel reported he met with the Museum Board to discuss the City placing an informational sign near the old Edmonds High School portico which is installed at the southeast corner of the Salish Crossing parking lot. The board supported that concept as the portico is an important historic object to the City and important for passersby to know its history. Francis Chapin has agreed to lead the effort to develop a sign. The cost will be about $5,000 for design, fabrication and installation. IIe plans to present a funding request at the next Council Finance Committee meeting. Councilmember Buckshnis reported the Mayor's Climate Protection Committee is working on the greenhouse gas reduction tool that was presented to the Council and ways to engage the public. The committee is also talking with the Interface Climate Action group. The Tree Board had a successful Saturday market, answering questions about right tree right place and the Urban Forest Management Plan. The Arbor Day celebration is October 5 from 9 a.m. to 12 p.m. Councilmember Buckshnis reported WRIA 8 discussed Puget Sound Acquisition and Restoration (PSAR) funding. After 10 years, River Bend, a $36M project in King County, has finally been funded and construction will begin next year. Snohomish County ended their participation in WRIA 8 last year, but Snohomish County staff have indicated their plans to rejoin. She reported on the Creative District Advisory Committee which has several subcommittees including a logo subcommittee and 0 Avenue Corridor subcommittee that is discussing the formation of a BD5 arts corridor zone. There are now two more Creative Districts in Washington. 10. MAYOR'S COMMENTS Mayor Earling reported he signed a letter in opposition to expanding the Snohomish County Urban Growth Areas. Everett and Bothell are also opposed. He will make a comment at Snohomish County Tomorrow this week but it is clear the opposition will be voted down. Mayor Earling reported this weekend's Oktoberfest, sponsored by Noon Rotary, was a very successful event and he anticipated it will continue next year. Edmonds City Council Approved Minutes September 24, 2019 Page 13 11. COUNCIL COMMENTS Student Representative Bauder reported several of his friends walked out of school to attend last Friday's Climate Strike in downtown Seattle. He did not attend but it was a great event for climate awareness. Council President Fraley-Monillas reported Peoples Bank is having a grand re -opening tomorrow from 4 to 7 p.m. in their new location in the former post office. She reported on her experience taking Sounder to/from the Seahawks game; after the game, she walked to the train and was home in 20 minutes. Councilmember Mesaros relayed seeing a group of orca whales by the fishing pier this evening. The ferry was stopped to allow passengers to view them. He commented it was spectacular to see nature at one's doorstep. Councilmember Nelson regretfully announced the unexpected passing of Steve Lyon, the general manager at Harbor Inn and a member of the Lodging Tax Advisory Committee. He enjoyed working with Mr. Lyon on LTAC and wished his family all the best during this difficult time. Services will be held Wednesday, October 2 at 1 p.m. at St. Brendan's in Bothell. Councilmember Teitzel reported Councilmember Mesaros and he met with staff yesterday to discuss the draft summary of the downtown parking survey. A significant amount of work went into the draft to summarize hundreds of responses. The intent is to release the draft as well as the raw data in the near future. Councilmember Buckshnis announced Windward's open house on Monday from 6 to 8 p.m. in City Hall Brackett Room. She thanked Kim Anderson for the successful Paws in the Pool event. 12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(l)(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 9:15 p.m. 0. PASSEY, CIT❑D Y Edmonds City Council Approved Minutes September 24, 2019 Page 14