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20191104 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES November 4, 2019 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Adrienne Fraley-Monillas, Council President Michael Nelson, Councilmember Thomas Mesaros, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember ELECTED OFFICIALS ABSENT Kristiana Johnson, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Al Compaan, Police Chief Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Linda Coburn, Municipal Court Judge Dave Turley, Assistant Finance Director Jessica Neill Hoyson, HR Director Shannon Burley, Deputy Parks & Recreation Dir. Brian Tuley, IT 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 6:00 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Tibbott 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 Johnson. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL TO EXCUSE COUNCILMEMBER JOHNSON. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes November 4, 2019 Page 1 5. AUDIENCE COMMENTS Maxine Mitchell, and husband Bill, Edmonds, residents overlooking Civic Park, said they have utilized the park for many years and they, along with many others in Edmonds, enjoy the views of the ferry, Puget Sound and the Olympics. They were thrilled when the City obtained Civic Playfield for development and have actively participated in public meetings and online forums and hoped their input played a part in shaping the design. Last week they were surprised to learn that the current park landscape design includes over 50 trees with a mature height of 50 feet or more, many reaching 100 feet which would block or severely impact their and their neighbors' views. They voiced their concerns to several involved in the process and met with Deputy Park & Recreation Director Shannon Burley last week who updated them on the park's design, listened to their concerns and assured she was already making progress with the Tree Board and others on selecting alternate trees with the goal of selecting appropriate trees with a maximum mature height of 25 feet whenever possible to minimize impacts on views. Ms. Mitchell emphasized the high value Edmonds residents place upon their Puget Sound and mountain views. As the final design of Civic Park gets closer to approval, they want to ensure residents' views are not significantly impacted and that the right trees are selected for the right place. Jeff Terry, wife Quyen, Edmonds, residents across from Civic Park, added their family's voices to Ms. Mitchell's comments. They enjoy living in Edmonds, the beautiful park and the views. He urged the Council to ensure the right trees at the right height are selected for the park design. Lisa Green, Edmonds, a resident on Alder Street, added her voice to the tree issue. She supported responsible tree ownership which includes heights and proper care. She loves trees and the birds in the trees including the hummingbirds she feeds. She accepted that a copse of trees blocked her view as they were there before she was, but did not want her views further blocked in the future or to have large roots disturb her driveway or ruin her foundation or plumbing system. She recalled a recent post on Nextdoor where a resident paid $11,000 due to a root from a neighbor's tree in their plumbing system. She urged the City to think about responsible ownership including height, who is responsible for the trees and proper care. Shaunta Hyde, Edmonds, said she and her family love living in Edmonds; the restaurants, shops, civic engagement and festivals make they feel a part of something special. They do not take for granted that they live in a beautiful part of the Pacific NW that allows daily access to pristine views of mountains, water and sunsets. With regard to the proposed landscape plan for the new Civic Park, she asked that the City consider residents interested in keeping their views because as taxpayers, they pay for that view. She was certain there was a middle ground that would allow beautiful landscaping and diversity while continuing to meet the needs of the existing community. Barbara Chase, Edmonds, a Tree Board member but speaking for herself, expressed appreciation for Ms. Burley's responsiveness to comments made by people interested in Civic Park. She commended the planting of Loebner magnolia as a street tree along 6" in front of the park, noting other trees are being evaluated and replaced when appropriate. The City along with citizen groups have worked to plant tall natives in other parks such as City Park, Yost Park, Meadowdale Park and the entrance to Shell Creek via arbor day plantings. Those same trees were not necessarily desirable at Civic. Another of the Tree Board's efforts is updating the City's Street Tree list including adding a diversity of choices. The pathetic -looking cherry trees on Main are the remnants of what was planted over 20 years ago. The intent of the Street Tree list is having the right tree in the right place. She suggested finding an area (possibly the flat land at 86t" and Main Street west of the emergency entrance to Shell Creek) where new street trees could be planted as a test. She thanked everyone involved in the plans for Civic park, anticipating it will be a great addition to the City. She summarized you can never please everyone but this plan will please a lot of people. 6. APPROVAL OF CONSENT AGENDA ITEMS Edmonds City Council Approved Minutes November 4, 2019 Page 2 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: APPROVAL OF COUNCIL MEETING MINUTES OF OCTOBER 22, 2019 APPROVAL OF CLAIM CHECKS, WIRE PAYMENTS AND PAYROLL CHECKS 3. SECURITIZATION REQUIREMENT FOR EDMONDS SENIOR CENTER GRANTS FROM THE STATE OF WASHINGTON PRESENTATIONS 1. BUDGET PRESENTATIONS ALL DEPARTMENTS Mayor Earling commented staff and he have enjoyed putting together the new format for departmental presentations. The HR Department and the City Clerk's office will not present tonight as they have not submitted any decision packages. The Directors will present departmental requests tonight, but there will not be an opportunity for Q&A. In an effort to move the budget process more quickly, it is recommended that Councilmembers submit questions in writing before the next several meetings. He and staff looked forward to working together with the Council over the next several weeks to assemble the 2020 budget. Finance Director Scott James reviewed: • 2020 Proposed Budget Book groups 112 decision packages into three sections: 1. 11/4 Decision Packages 2. 11/4 Streets & Parks Capital 3. Decision Packages < $5,000 o Will not be presented but Council is not precluded from asking questions about these • Decision packages helping to fulfill Council Priorities will be noted during presentation and amendments will be pointed out • Councilmembers were invited to email any amendments to Mr. James by noon Thursday for incorporation into the next Council packet and a summary slide of amendments • Council 2020 budget priorities 1. Increased safety on and around Highway 99. 2. Provide long-term planning for the environment including the marsh, waterways, open spaces, wetlands, and tree investments. 3. Create Human Service department to address/assist: seniors, disables, veterans, and low- income, etc. 4. Expand public engagement in all areas. 5. Increase crime prevention efforts. 6. Expand the Arts for economic development. 7. Expand utility tax rebate program and minor home repair assistance for qualified individuals. 8. Insure code updates are completed. Proposed Budget in Brief o Message from the Mayor o Developing the City's budget 1. Revenue forecast 2. Priorities 3. Capital Improvement Plans 0 2020 budget highlights ■ Public Safety It Quality of life Edmonds City Council Approved Minutes November 4, 2019 Page 3 ■ Utility services ■ Street paving and maintenance o Where the money comes from ■ Charts categorizing all the City's revenues o Where the money goes Charts summarizing all the City's expenditures by service area and by group as well as by category o The City's General Fund • General Fund revenue is derived from property taxes, sales tax, charges for services, franchise fees, grants and transfers from other funds • Graphs illustrating where General Fund resources come from and what they are spent on o Capital projects * Graphs of total capital sources and capital expenditures ■ 2020 Major capital projects — Civic Park — Dayton Yd to 91h — Community Garden — Guardrail installation — Outdoor Fitness Zones — Pavement preservation — Traffic signal upgrades — Highway 99 revitalization — Citywide pedestrian safety — Waterfront re -development — 0' Avenue Cultural Corridor o Category expense details ■ Citizen Wellbeing Public Safety enhancements +� Eco -friendly ■ Capital expense Future Council Action on 2020 budget o November 12' o November 19 — public hearing o November 26 — public hearing o December 3' — if necessary o December 10" — if necessary Council President Fraley-Monillas thanked Mr. James for his work, commenting on efforts to make this budget as transparent as possible for citizens, Council and staff. She explained tonight was an opportunity to get the budget in front of the Council and let it sink with regard to the decision packages. She urged Councilmembers to contact department heads with questions, clarification, conclusions, discussions or amendments. Discussion, debate and perhaps amendments to the budget will begin at next week's meeting. She emphasized tonight was not about reaching agreement on the budget; it was an opportunity to understand the budget and decision packages. The intent was a very transparent and democratic process. Council 2020 Budget Mr. James reviewed a decision package proposed by Council President Fraley-Monillas: • Decision Package #1 o 2020 Budget Adjustment $19,3000 —training for new Councilmembers ■ $500 for supplies ■ $1,000 for new iPads Edmonds City Council Approved Minutes November 4, 2019 Page 4 $2,000 for communications (connecting iPads, etc.) $10,800 for travel Shift $5,000 of the 2018s unexpended Council Professional Services to Council Contingency Mayor 2020 Budget Community Services/Economic Development Director Patrick Doherty reviewed: • Decision Package #2 o Half-time Human Services Coordinator: $63,814* (On-going) ■ Council Priority #3 ■ Half-time manager -level position to provide coordination across Departments in response to human -service needs, serve as clearinghouse for community information and resources, work in tandem with the Police Dept Social Worker, etc. *Revision from Budget Book • Decision Package #3 o City Attorney's annual 4% increase: $22,980 (On-going) • Decision Package #4 o Background Checks for Student Exchange: $1,400 (On-going) Edmonds Municipal Court 2020 Budget Municipal Court Judge Linda Coburn reviewed: • Courts are important service to our community because o They help protect our Constitutional rights to equal protection and due process under the law o They provide access to justice o Laws are meaningless without a way to enforce them o What happens in court helps maintain civility and safety for every individual in Edmonds regardless of whether they ever step foot in a courtroom • Courts are not revenue centers o By statute, '[t]he court shall not order a defendant to pay costs unless the defendant is or will be able to pay them.' RCW 10. 01. 160(3). To determine the amount and method for paying the costs, 'the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.' -- State v. Blazina, 182 Wn.2d 827, 838, 344 P.3d 680, 685 (2015) • Decision package #5 o Carry over $23,120 from paperless court project approved in previous decision package o Intake Intake 12019 12020 projections Current balance Court Improvement Fund 1 $16,250 1 $16,250 $73,635* *Includes $23,117 dedicated to Paperless Court project per previous decision packages • Paperless project o Implemented so far: Jury management - Respond online - Request reschedule online - Response to jurors via email - Database management Infractions Written Hearings Request - Submit online - Receive response via email Post -conviction Legal Financial Obligations Relief - Petition online Edmonds City Council Approved Minutes November 4, 2019 Page 5 — Receive response via email... o Still to come ■ Criminal cases process ■ Infraction cases process ■ Video in -custody process • Public portal access to public files Mr. James reviewed: Administrative Services 2020 Budget • Decision Package #6 o Tyler Annual Maintenance Fee increase $6,380 (ongoing) • Decision Package #7 o SAO Audit Fee Increase: $5,760 (ongoing) Nan -Departmental 2020 Budget • Decision Package #8 o Regional Fire Authority: $407,455 (ongoing) • Decision Package #9 o Civic Park Debt Service Payments $245,650 (ongoing) ■ Amendment: Standard and Poor's rated the City AAA and Federal Reserve lowered their benchmark interest rate by a quarter point lowered decision package to $236,975 for 2020 • Decision Package #10 o Snohomish County Health District $21,555 ($1/capita) • Decision Package #11 o 2020 Insurance Allocation: ($60,625) (ongoing) • Decision Package #12 o Non -Departmental Baseline Adjustment ($58,249) ongoing ■ Council Priority #2 ■ Memberships for AWC, Snohomish County Tomorrow and PSRC will increase $1,160 ■ Increase the budget for unemployment claims by $10,000 ■ Snohomish County Emergency Radio System (SERS) and SNO911 merger resulted in a $71,219 savings for the City Increase rental/lease budget by $1,400 to pay for 0 Avenue parking lot ■ Increase City's contribution to Puget Sound Clean Air Agency by $410 • Decision Package #13 o Enhance our Arts and Culture: $75,000 contribution to support Edmonds Center for the Arts ■ Council Priority #6 Information Technology 2020 Budget IT Manager Brian Tuley reviewed: * Decision Package # 14 o Department allocations: $183,434 ■ 2 years ago we setup IT to be self -funding. ■ Total of the following Technology DP's (less authorization request) distributed across departments • Decision Package #15 o Multi -factor authentication $21,500 (ongoing) • MFA blocks 100% of automated bot hacks (Google study 5/19/2019) ■ MFA is a simple best practice that adds an extra layer of protection on top of your username and password Edmonds City Council Approved Minutes November 4, 2019 Page 6 • Decision Package # 16 o Mobile users remote access (VPN): $5,700 (ongoing) • VPN = Virtual Private Network. It provides secure remote connectivity to a network ■ More web based services and mobile workers require tools to perform jobs away from the office network • Decision Package #17 o Online analyst staff position: $91,984 (ongoing) • Council Priority #4 ■ Edmonds current web maintenance model is decentralized results in: - Each department responsible for their own content - Inconsistent look and feel - Inconsistent skill levels across departments and staff - Departmental turn over often leaves web "vacuums". • Centralize web maintenance, returns hours to departments • Evaluate and best utilize existing citizen -facing tools (websites, maps, document management, social media) • Works open data initiative (DP#18) • Decision Package #18 o Open data initiative: $25,000 (ongoing) • Evaluate what / how open data portal and processes • Successful rollout dependent upon DP 17 Online Analyst • Decision Package 419 o Equipment Replacement Budget Authority: $106,000 • Request for authority to spend accrued dollars in equipment fund set aside to replace EOL hardware - $45,000 - desktops / laptops - $22,000 - update remote locations (off site backup, non -networked locations) - $39,000 - core computing platform • Decision Package #20 o Retention Policy archival device: $12,000 (ongoing) • Bring email archiving in line with Secretary of State policies • Decision Package #21 o Relocate wiring closet / fiber egress: $27,250 • Have a main wiring closet where it should not have been placed. ■ Relocate a wiring closet to new building Police 2020 Budget Police Chief Al Compaan reviewed: • Decision Package 422 o One-half salary and benefits of a sergeant assigned to the Snohomish County Regional Drug Task Force: $18,278 (ongoing) ■ Council priorities #1 & 5 • Interlocal agreement obligation for this funding. ■ Traditionally paid for/funded from 104 forfeiture funds. • Changes in federal rules related to forfeitures will not allow for this moving forward, requiring it be funded via general fund. • Decision Package 423 o Crime Prevention/Community Engagement Coordinator: $18,500 (ongoing) • Council Priorities #4 & 5 • Crime Prevention Officer position cut in 2009 due to budget constraints. Edmonds City Council Approved Minutes November 4, 2019 Page 7 ■ Edmonds School District elected to not place a SRO at Scriber Lake after funding had been approved (2019). • That SRO position and funding is being removed and replaced with this position. ■ Should the ESD decide to move forward with an SRO, the department will bring forward a funding request as a budget adjustment. + Decision Package 424 o Ballistic Shields: $7,816 • Council Priority #5 • Current rifle rated, ballistic shields are beyond warranty and working life. ■ Department has four designated patrol vehicles where the shields would be placed. • Provides immediate access in situations where a rifle rated shield is needed, e.g. armed barricaded subject, high risk search warrants, active shooters, etc. • Decision Package 425 o Noise suppressors for duty rifles: $22,927 • Council Priority 45 ■ The department issues duty rifles (35) to our officers. ■ The noise is such that it can cause hearing damage/loss. • Officers are required to wear hearing protection during training, not totally mitigating the noise and is not practical should an officer be forced to fire the rifle in non -training situations. • Suppressors will protect the officers' hearing and help mitigate potential L&I and/or civil claims associated with hearing loss. Decision Package #26 o Police TASER Agreement: $46,843 (ongoing) ■ Council Priority #5 ■ Contractual agreement for on-going maintenance and long-term replacement. ■ After budget approval in 2019 budget for replacement of all TASER's, company rolled out new model, would not support old versions any longer and changed the business model. ■ Request that the remainder of the 2019 funds ($46,843) be carried over to 2020 for year two of the agreement. On-going annual amount of $45,268 through 2023. Decision Package #27 o Hiring and Basic Training Costs: $25,000 (ongoing) • Council Priority #5 • Department hired seven officers in 2018 and six officers in 2019. Anticipate another five to ten officers being hired in 2020. • Basic Law Enforcement Academy charges department $3,500 per recruit. • Also covers cost of travel associated with background investigations. ■ Expect this trend of hiring to continue for the foreseeable future. Decision Package #28 o Evidence Drying Cabinet: $14,462 ■ Council Priority 45 ■ Department is in need of a new evidence drying cabinet to comply with proper evidence handling procedures (best practices). ■ We currently have an older locker, but are unable to process evidence from more than one individual without cross contamination. • Decision Package #29 o Additional staff vehicle: $35,000 • Council Priority #5 ■ Department currently has two staff vehicles. is Utilized by the training unit, administrative sergeants, property officer, officers attending out of town training/meetings, background investigators, etc. Edmonds City Council Approved Minutes November 4, 2019 Page 8 ■ Currently not enough vehicles to accommodate need. ■ Department has requested addition of Crime Prevention/Community Engagement Coordinator (DP #23) who will also need regular access to a vehicle. Community Services/Economic Development 2020 Bud et Mr. Doherty reviewed: ■ Decision Package #30 o Federal lobbyist: $72,000 • Council Priority #2 • Placeholder for services to be negotiated in 2020 • Other SnoCo Cities: Arlington, Marysville, Lynnwood, Everett, Mountlake Terrace; Monroe -Lake Stevens partnership 2020, Port of Everett. ■ Decision Package #31 o Half time PIO/Communications Strategist: $33,814 (above existing $30,000) • Council Priority #4 • Manager -level position to accommodate growing needs for community engagement, strategic communications planning and implementation. • Decision Package #32 o Diversity Commission Coordinator: $18,000 • Council Priority #4 • Continued 40 hours/month support to Diversity program • Decision Package #33 o Community survey in 2020: $25,000 • Council Priority #4 • Last survey 2016 • Decision Package #34 o Diversity Film Series expenditures with revenue from donations: $1,000 Council Priority #4 • Decision Package #35 o Purchase of trolley and operation of service: $75,000 ■ Council Priority #6 • $75,000 gross cost off -set by: • $20,000 from lodging tax funds ■ Ed! pledges to seek up to $11,000 in sponsorships • Port and/or other organizations • Budget: Up to $55,000* *Revision from Budget Book* Decision Package #36 o Creative District support: $10,000 it Council Priority 46 Decision Package 437 o Downtown Wayfinding Signage: $25,000 • Continue design and development of wayfinding signage throughout downtown Decision Package #38 o Tourism Promotion expenses (ongoing and one-time) from Lodging Tax Fund, as proposed by Lodging Tax Advisory: $125,250* • Council Priority #6 *Revision from budget book • Tourism -Promotion Detail: 120 Fund On -Goin Total $125,250 Professional Services: $33,400 Edmonds City Council Approved Minutes November 4, 2019 Page 9 Advertising: $53,587 Miscellaneous: $6,763 Transfer for CRAZE: 4,000 Subtotal $97,750 One -Time: Sno-King Chorale Wayfinding Signage. $ 7,500 Trolley Support: $20,000 Subtotal $27,500 • Associated Decision Package #52 o Tourism Promotion Detail con't 123 Fund On -Goin Total $33,900 Cascade Symphony Olympic Ballet EAF Art Studio Tour $2,000 $2,600 $2,100 Driftwood Players Sno-King Chorale DeMiero Jazz Festival $2,600 $1,600 $2,600 ArtWalk Edmonds Cascadia Art Museum Jazz Connection $2,500 $2,500 $2,600 Phoenix Theatre Edmonds Historical Museum Write on the Sound $2,000 $2,000 $8,500 CRAZE $300 • Decision Package #113 (New) o Edmonds Downtown Alliance 2020 Budget: $80,510 To be presented 11/19/19 Development Services 2020 Budget Development Services Director Shane Hope reviewed: • Decision Package #39 o Climate Goals Project/ Climate Change: $30,000 K Council Priority #2 ■ Needs public outreach • Decision Package #40 o Development Code Update: $25,000 • Council Priority #8 ■ Decision Package #41 o Records Digitization: $20,000 ■ Council Priority #4 ■ Decision Package #42 o Building Plan Review (for large-scale projects): $60,000 • Decision Package 443 o Building Code Update (which primarily includes code books from state): $6,000 ■ Council Priority #8 • Decision Package #44 o Maintenance Fees for MBuildingPermit.com (which provides online portal for public): $23,000 ■ Council Priority #4 Parks & Recreation 2020 Budget Deputy Parks & Recreation Director Shannon Burley reviewed: • Decision Package #45 o Youth Commission 2nd year: $30,600 (ongoing) Edmonds City Council Approved Minutes November 4, 2019 Page 10 ■ Council Priority #4 • Decision Package #46 & 47 o Recreation Operating Changes: $(33,982) (ongoing) ■ Decrease in Sunset Bay Registrations +/- ■ Increase in Adult Enrichment Programming ■ Increase in Fitness Programming • Increase in Gym & Weight room revenue... o Waterfront Center Prog. & Staffing: ($22,230) • Decision Package #48 o Anderson Center Flooring: restricted $9,500 • Decision Package 449 o Urban Forest Management Implementation: $23,800 (On-going) ■ Council Priority #2 Free Tree Program - $3,800 ■ Arborist - ongoing arborist support (10 hrs per week, out of class with seasonal backfill). ■ Decision Package #50 o Utility Adjustment: $56,717 (ongoing) • Parks Utility Adjustment $54,662 ■ Cemetery Utility Adjustment: $2,055 • Decision Package #51 o Fund 117 Municipal Arts: $56,500 ■ Council Priority #6 ■ Book drop/public art at library • Decision Package #53 o Fund 127 Gift Catdlog: ($36,500) ■ Waterfront bench replacements and repair • Additional memorial gifts, enhanced effort Public Works Director Williams reviewed: Public Works Department - Facilities 2020 Budge# • Decision Package #54 o Facilities Capital Renewal: $1,500,000 ■ Partial funding for $6.5M deferred maintenance backlog ■ Adequate funding of capital renewal is the key to safety and business continuity for all of our governmental operations • Decision Package #55 o Lead Building Maintenance Operator: $15,000 ■ Reclass Facilities Maintenance Operator to Lead Operator is Capital backlog combined with increasing funding results in more project management. A lead position will help organize priorities while mentoring staff and assisting with vendor management. • Decision Package #56 o Public Safety Chiller Maintenance: $13,000 ■ Public Safety Building/Fire Station 17 AC system is 20 years old. • This service agreement is for 5 years of factory authorized service ■ On-going diagnostic service and specialized maintenance is now needed to maintain performance and reliability. Decision Package #57 o City Hall HVAC annual service: $15,000 Edmonds City Council Approved Minutes November 4, 2019 Page 11 ■ HVAC systems at City Hall average 25 years old. As equipment ages more specialized maintenance is necessary. Agreement will have all units (35) serviced twice yearly • Decision Package #58 o Facilities operations budget adjustment: $12,000 ■ Requested increase in supplies to maintain City -owned building systems. This adjusts expenses to averages from 2017, 2018 and 2019 projected Public Works Departlraent — Engineering (Fund 0011 2020 Budget • Decision Package #59 o Update of the Comp Sidewalk Plan Official Street Map: $175,000 ■ Update of 1985 Comprehensive Sidewalk Plan Map and 1980 Official Street Map • Will allow us to receive dedications where we need them and not take them where we don't Decision Package #60 o Commute Trip Reduction - Employee Incentive: $36,000 ■ Council Priority #2 ■ Employee Incentives to increase participation ■ Continues to support for employee ORCA cards Decision Package #61 o Pedestrian TF Education Program: $20,000 ■ Working in 2020 to expand pedestrian education in ESD through education and incentives Public Works Department — Streets (Fund 111) 2020 Budget • Decision Package #62 o Street Division Seasonal Help: $6,200 • Addition of One Seasonal Helper for 347 hours to assist in right-of-way vegetation management ■ Clearing vegetation from sidewalks, intersections, alleyways, etc. to provide clear sight lines for safe vehicle and pedestrian travel. Decision Package #63 o Slide in cement mixer: $40,000 • This will drop into our 5 -yard dump trucks for transporting concrete from the mixing plant to the job site. • We now use small an open dump truck for transport. This will keep concrete fresher and dramatically reduce clean-up. Decision Package #64 o Commercial Driver's License Training: $25,000 • The cost of a Training School is approximately $5,000 and would allow for newly hired employees to acquire a Commercial Driver License (CDL) • Training for CDL has been done in-house up until now. But current requirements have made this much more difficult and reduced crew productivity Public Works Department— Water Utility (Fund 42.1) 2020 Budget • Decision Package #65 o Water purchased for resale: $570,000 ■ Amounts paid to Alderwood Water District will increase by $570,000 in 2020 ■ Alderwood Water rates are projected to increase 21.8% in 2020 and 9% in 2021. ■ Wholesale cost of water will go from $1.40 to $1.68 per CCF (equivalent to 748 gallons). ■ Utility rates to be discussed with Council on 11/19 Public Works Department— Storm Utility 2020 Budget • Decision Package #66 Edmonds City Council Approved Minutes November 4, 2019 Page 12 o Storm Division Seasonal Help: $6,200 ■ Same as in proposed Street budget ■ Addition of one Seasonal Helper for 347 hours of vegetation management and water quality structure maintenance. ■ Enhances our ability to maintain storm water assets in good condition Public Works Department -- Sewer /Treatirnent Plant Utility (Fund 422) 2020 Budizet • Decision Package #67 o Senior/Sewer/GIS/Inspector: $5,000 ■ Reclassifying senior Sewer Maintenance Worker to a Senior Sewer Maintenance/Inspector/GIS Worker ■ Decision Package #68 o Cured -in -Place Pipe (CIPP) spot repair: $50,000 ■ Cured -in -Place Pipe (CIPP) spot repairs We are finding more sewer main breaks in the City's system over time. This tool allows for a quick and permanent fix for smaller sections or spot repairs • Decision Package #69 o Lynnwood increase for capital: $350,000 ■ The City of Edmonds pays Lynnwood for both O&M (approx. 13% in 2018) and Capital (approx. 11.5% in 2018) Their 2019 capital expense will increase to $5 million. ■ The Lynnwood WWTP is experiencing similar challenges to those we face, including aging equipment, and increasing costs for regulatory changes these issues are driving up capital expenditures • Decision Package #70 o Operator in Training, Wastewater Treatment: $80,985 ■ Requesting $80,985, including benefits, to hire an Operator in Training (up to step 2). This will allow us to train and promote our next Operator, instead of trying to find outside candidates which has proven very difficult ■ This cost would be shared with our partners. The City would be responsible for approximately $39,683, on-going. We have two Operators expected to leave within 18-24 months Public Works Department -- Eclu i pment Rental (Fund 511) 2020 Budget ■ Decision Package #71 o B -Fund Vehicle Replacements: $628,000 (2019- $1.75M) ■ Vehicles scheduled for replacement for 2020 — 2016 Ford SUV - Police — 2008 Crown Victoria - Police — 2008 Ford Ranger - Police — GMC Transport Van - Police — 2007 Elgin Street Sweeper - Storm — 2003 Box Van - Facilities ■ Seeking to replace our mechanical rear broom sweeper one year early. Fund 422 has sufficient funding already in the B -Fund to purchase. ■ Workhorse Box van, will be replaced by a smaller Ford Transit Van with propane conversion • Decision Package #72 o Fleet operations budget change: ($5,000) in Operations changes are an increase in the cost of automotive supplies and propane and a decrease in the purchase of unleaded gasoline Edmonds City Council Approved Minutes November 4, 2019 Page 13 Public Works Department — CapitaI 2020 Budget • Decision Package #73 o Phase 11 waterline replacement 2021: $449,946 ($380,000) ■ Design next phase of Waterline replacement • Decision Package #74 o 2020 Waterline Overlays: $40,000 ($30,000) ■ Road pavement overlays to cover areas of roadways that were excavated and patched in previous years (2019) • Decision Package #75 o Swedish Waterline Replacement: $867,000 ($844,000) iff Replace and realign watermain on 76th Ave W, adjacent to Swedish and a portion of city- owned main located on the Swedish campus. We will also replace the water meter feeding the main hospital building and provide a new back-up water service. ■ Using a carryover from 2019 in the amount of $867,000 • Decision Package #76 o 2019 Waterline Overlays: $15,000 ($13,000) ■ Road pavement overlays to cover areas of roadway excavated and patched in previous years as part of the Waterline Replacement Projects. ■ Carryover from 2019 amounts to $15,000 ■ Decision Package #77 o Phase 10 Waterline Replacement Project (2020): $1,593,500 ($1,533,510) ■ Annual Water Main Replacement Project ■ Each year we install that year's water mains and design the next year's replacement project while paving over the previous year's project • Decision Package #78 o 5 Corners Reservoir Recoating: $16,700 ($11,700) ■ Construction is complete. These funds are needed to close out the project. ■ Carryover of $16,700 from 2019 • Decision Package #79 o Seaview Infiltration Phase 2: $241,000 ($40,250) ■ The City received $557,025 to design and construct Phase 2 of the Seaview Infiltration project. designed to reduce erosion in Perrinville Creek. This improves fish survivability and decreases City maintenance cost at the diversion structure. Requires 25% match (Fund 422). The total estimated project cost is $727,000. Design only in 2020 • Decision Package #80 o Willow Creek Daylighting Design: $750,000 ($700,000) ■ Council Priority #2 ■ Stormwater funding in 2020. Due to ownership issues, the project has been unable to enter the full design phase. ■ No appropriated funding would be spent without additional Council approval. This would show continued City support for the project. Decision Package 481 o Edmonds Marsh Feasibility and Restoration: $25,000 ■ Council Priority #2 ■ This is for consulting services to assist staff in researching and writing grants and developing other documentation in support of the Daylighting of Willow Creek. ■ Marsh Restoration is a high priority in the PROS plan and of the current council Decision Package #82 o Phase 1 Annual Storm Replacement Project: $1,979,500 ($1,853,000) ■ Project will replace the drainage pipe along 88th Ave W, between OVD and 185th Pl. This aging pipe has been identified by Ops staff as in exceptionally poor condition Edmonds City Council Approved Minutes November 4, 2019 Page 14 ■ This Carry -forward from 2019 amounts to $914,096 and with a similar amount of 2020 funding from Fund 422 will allow this bigger project to be completed • Decision Package #83 o Dayton Storm Pump Station: $15,000 ($5,000) ■ Pump station project relieves flooding of Dayton Street and Harbor Square. ■ The project intercepts runoff currently going to the Marsh and provides additional overflow protection from tidal exchange in the Marsh. ■ The project was planned for construction in 2019 but may extend into 2020, Carryover from 2019 amounts to $15,000 • Decision Package #84 o Lake Ballinger Regional Facility: $230,000 ($200,000) ■ Evaluate potential for a regional infiltration facility at Mathay-Ballinger Park. • The Lake is plagued with seasonal flooding, high levels of phosphorus, and invasive vegetation. The project seeks to treat and infiltrate a major portion of the drainage basin to reduce the impacts of urbanization on the Lake. ■ Carryover from 2019 amounts to $230,000. Funding for development phase only to 30% design • Decision Package #85 o Lake Ballinger Storm Drainage: $68,000 ($48,000) ■ Other costs for Lake Ballinger efforts i.e. Lake Ballinger Forum dues, maintaining Lake - level monitoring system, staff time associated with both, and minor projects undertaken as part of the forum (such as bathometry/depth study which was updated). Some funding is intended to develop reserves for equipment replacements ■ Carryover from 2019 amounts to $38,402 • Decision Package #86 o Stormwater Comprehensive Plan: $152,500 ($140,000) ■ The Stormwater comprehensive plan has not been updated since 2010. Generally expected every 6-10 years as needed. Plan will evaluate the levels of service, new NPDES permitting requirements, O&M needs, and new CIP lists. Project will not get initiated until late 2019 and will definitely carry into 2020, possibly beyond. ■ Carryover from 2019 amounts to $152,300 • May be removed from 2020 budget • Decision Package #87 o Lorian Woods Geotechnical Services: $15,000 ■ Geotechnical services related to slope stability ■ To be used if the slope becomes unstable during the rainy season. The City has hired Landau & Associates in past years to document conditions • Decision Package #88 o Perrinville Creek Flow Management Projects: $30,000 ■ This is for small projects in the Perrinville basin. Funding allows staff to pursue opportunities for flow reduction in Perrinville Creek. ■ A portion of the CIP funding will be transferred to Seaview Phase 2 to cover the City's match. Remaining funds to be used for rain garden projects • Decision Package #89 o Phase 8 Sewer Line Replacement Project (2021): $313,736 ■ Design of the next phase of sewer main replacement projects in accordance with the 2013 Sewer Comprehensive Plan R Decision Package #90 o Cured -in -Place Pipe Sewer Rehab Phase 2: $1,156,204 ($1,101,204) ■ Citywide CIPP rehabilitation of existing sewer mains. The 2013 Sewer Comprehensive plan and current video inspections of sewer mains identify the areas that are affected by Edmonds City Council Approved Minutes November 4, 2019 Page 15 root intrusion, infiltration and inflow, and damage that can be repaired using trenchless methods. ■ Carryover from 2019 amounts to $706,680 • Decision Package #91 o Lift Station 1 Metering & Flow Study: $106,115 ($65,000) ■ Study to develop improvements needed to upgrade backup systems and also factor in future population growth. ■ Alternatives include improvements to the existing station, a new station, and a gravity option. Carryover from 2019 amounts to $106,115 • Decision Package 492 o Lake Ballinger Sewer Trunk Study: $635,000 ($615,000) ■ Study to review current sewer pipe condition for large mains on the west and south shore of Lake Ballinger. Project will develop alternatives to increase capacity, improve maintenance, accessibility, and reliability. ■ Carryover from 2019 amounts to $635,000 • Decision Package #93 o 2020 Sanitary Sewer Replacement: $1,617,374 ($1,517,374) ■ Next phase of sewer main replacement projects. Will replace pipe and related appurtenances (laterals and cleanouts, etc.) at various locations • Decision Package #94 o Carbon Recovery Project: $11,037,000 ($5,605,361 —City's share) ■ Council Priority #2 ■ Total cost of Carbon Project in 2020. Edmonds share $5,605,361. 2,000 lbs. biosolids (20%) yields 200 lbs. biochar • Decision Package #95 o 2020 Pavement Preservation Program: $1,200,000 ($1,100,000) ■ This request will fund the 2020 Pavement Preservation Program. The $1.2M request is expected to pave approximately 6.5 -lane miles • Decision Package #96 o 2019 Pavement Preservation Program: $15,000 ■ The 2020 funds will be used to close-out the 2019 Pavement Preservation Program. ■ The entirety of this 2020 budget request is a carryforward from the remaining funds in 2019 • Decision Package 497 o 84t" Ave Overlay — 220t' to 212th: $10,000 ■ The 2020 funds will be used to close-out the project and are carried forward from 2019 • Decision Package 498 o Highway 99 Revitalization Project: $918,000 ($240,000 cost after staff time and grant) ■ Council Priority #1 ■ This project will install a raised median/C-Curb along the Highway 99 corridor from 244th St. to 212th St. in order to restrict left turns to and from the two-way left turn lane and improve safety. Openings within the median will be added to provide mid -block U-turn or enter specific private properties. $458,744 carried forward from 2019 • Decision Package #99 o Dayton Utility Project— 3rd Ave to 9th: $3,543,613 ($3,306,426 without staff costs) ■ Water, Sewer and Storm Replacement Project. Project will replace pipes and appurtenances. Since all sewer, water and storm utilities in this corridor need to be replaced. Carryover from 2019 amounts to $1,613,137 • Decision Package 4100 o Citywide Pedestrian Crossing Project: $1,432,000 ($428,430 net after grant funding) Edmonds City Council Approved Minutes November 4, 2019 Page 16 ■ Project will install pedestrian crossing enhancements at 9 intersections. Improvements include a HAWK signal (SR524 & 84th Ave W), a traffic signal (SR -104 & 232nd St SW), and RRFB at the other locations. ■ Carryforward from 2019 amounts to $1,268,493 • Decision Package 4101 o 2020 Pedestrian Safety Program: $20,000 ($19,000) ■ Install pedestrian safety improvements including; Rectangular Rapid Flashing beacons (RRFB's), sidewalk bulb -outs at intersections, red flashing beacons on Stop Signs and other signage and striping improvements throughout the City. This program started in 2019 as part of an effort to improve pedestrian safety (one of the top 2019 Council priorities). • Decision Package 4102 o 2020 Guardrail Installation: $20,000 ($18,235) ■ Replace or install new guardrail to improve vehicular safety near steep drop-offs. This program started in 2019 • Decision Package #103 o 2020 Traffic Signal Upgrades: $15,000 ($14,500) ■ Council Priority #1 in Install signal upgrades, including vehicle detection, vehicle and pedestrian head upgrades and other upgrades. These improvements will improve the safety of our transportation system. ■ Total Capital Expenditures 2011-2020 (proposed) o Graph of Capital spending 2011-2020 ■ Sewer * Storm ■ Water y Transportation total ■ Parks total Parks Capital 2020 Budget Ms. Burley reviewed: ■ Parks, Recreation and Open Space o CIP Criteria / PROS Plan ■ Assess resources and capacity ■ Embrace opportunity ■ Connect and expand ■ Enhance identity Advance big ideas ■ Activate Maximize Decision Package #104 o Yost Pool: $75,000 — Fund 125 ■ CO2 Chlorine Injector ■ Pool Grates ■ Pool Cover Decision Package #105 o Flower Pole Replacement: $20,000 — Fund 125 ■ Council Priority 6 ■ 10 per year Decision Package #106 o Marina Beach Park: $30,000 — Fund 125 ■ Council Priority #2 Edmonds City Council Approved Minutes November 4, 2019 Page 17 ■ Schematic design development ■ Utilized for RCO grants • Decision Package #107 o 4" Avenue Cultural corridor: $100,000 —Fund 125 ■ Council Priority #6 • Decision Package #108 o Community Garden: $24,000 Fund 125 + $300,000 Fund 126 ■ Council Priority 42 ■ Decision Package #109 o Outdoor Fitness Zones: $75,000 carryover Fund 125 N Installation in Civic and Mathay Ballinger Parks • Decision Package #110 o Waterfront redevelopment: $2,681,065 carryforward ■ Council Priority 42 ■ Funds 125, 126, 332 and Park Impact Fees • Decision Package #111 o Civic Park — 2020 Budget Request 1,990,000 ■ Council Priority #2 ■ $852,620 Park Impact Fee's ■ $1,000,000 REET 125 ■ $137,380 REET 126 ■ 50% Design It RFP Feb/March ■ Construction April/May ■ One year to construct ■ Presenting to Council 12/10 • 2021-2025 CIP o Future Improvements ■ Anderson Center Field/Court/Stage Repairs ■ Brackett's Landing Improvements ■ City Park Improvements Maplewood Park Improvements ■ Pineridge Park Improvements ■ Seaview Park Improvements ■ Misc. Unpaved Trail / Bike Path Improvements ■ Land Acquisition Mr. James said meetings to discuss the budget are scheduled on November 12, 19 and 26. If the budget is not adopted by November 26, additional discussion will be scheduled at the December 3 meeting. Mayor Earling observed two hours had been scheduled for presentations tonight; he complimented staff for completing it in 1 hour 22 minutes. He expressed support for this process even though tonight's presentation was long and provided a lot of information. To keep the process moving, he encouraged Councilmembers to contact staff with questions. Mayor Earling declared a brief recess. 2. COMPREHENSIVE PLAN AMENDMENT/HOUSING Development Services Director Shane Hope reviewed: • Comprehensive Plans must generally be amended no more than once per year Edmonds City Council Approved Minutes November 4, 2019 Page 18 • Besides CFP update, only proposed 2019 amendment is for 1 item in Housing Element • Current Implementation Action in Housing Element is: "Develop a strategy by 2019 for increasing the supply of affordable housing and meeting diverse housing needs" • In December 2018, City Council adopted Resolution No. 1420 to consider amending Housing Implementation Action during next amendment period • Resolution 1420 identified 2 options for amending Comprehensive Plan. 1. Delete entire Implementation Action t De ele it 9; -eAe b 2019 for- in ereasi ng tiles pl of a &rclitble i, 0 El s iiig. An d 8,; 2. Change only "due date" for housing strategy ■ After Resolution 1420, Council approved new process for Citizens' Housing Commission under Resolution No. 1427 R New Resolution calls for Housing Commission to develop "policy recommendations" for City Council consideration by end of 2020 ■ Staff identified a third option that reflects the establishment of the Citizens' Housing Commission in 2019: 3. Provide housing policy options by the end of 2020 for City Council consideration." • At their October 29" meeting, the Planning Commission recommended the following: 0 Develop a strategy by 2019 for inereasilig the Sklf3ply Ofaff-Wable heusing and Fneethig diver-se o Provide housing policy options by the end of 2020 for City Council consideration, incl:rdin� ii?put from the Plarrnju Board • Next steps: o Tonight, Council may provide direction on a preferred amendment option o Draft ordinance will be prepared for Nov. 26 public hearing Councilmember Buckshnis thanked Ms. Hope for her work on the Citizens Housing Commission (CHC), commenting she went to one of their meetings and it looks like they are firming up well. She recalled when the resolution was introduced last year, she favored removing the requirement to have a strategy for affordable housing because the Housing Element in the Comprehensive Plan includes strategies to promote affordable housing, administrative procedures, development standards, low cost housing production, preservation plans, housing financing strategies as well as housing goals and policies. She preferred to delete the requirement and allow the CHC to complete their work. Councilmember Teitzel spoke in favor of option 3, pointing out the Planning Board is comprised of dedicated, well-informed citizens who know a lot about these issues and it would be good to let the CHC do their work and develop draft proposals and options which would be reviewed by the Planning Board before coming to Council. Councilmember Tibbott said he also favored option 3. He asked whether option 3 included input from the Planning Board or would that be a 4' option. Ms. Hope said the Planning Board's recommendation is option 3 with the addition of "including input from the Planning Board." A question will be whether the Planning Board input comes prior to the end of 2020 or subsequently or both. If it occurs before the end of 2020, that means the CHC's work needs to be completed before that and the intent was to complete their work by the end of 2020. Councilmember Tibbott asked if the language would need to specify Planning Board input in 2021. Ms. Hope answered it could be left the way it is, knowing that means some flexibility or it could state, "provide housing policy options by the ed of 2020 for City Council consideration and subsequent input from the Planning Board." Councilmember Tibbott favored that wording. Edmonds City Council Approved Minutes November 4, 2019 Page 19 Councilmember Mesaros asked if a date was even needed. Ms. Hope said no, is not a state requirement; implementation actions typically have a date as they are intended to be time specific. Councilmember Mesaros suggested 2021, relaying his understanding of the importance of getting it done. Councilmember Buckshnis said if the intent was to include the implementation action in the Comprehensive Plan, 2020 would shorten the timeframe for the CHC's work. She did not want to constrain the CHC and preferred to include 2021 if a date was included. Ms. Hope observed including input from the Planning Board would fit within the 2021 timeframe. Councilmember Nelson was also satisfied with 2021. He commented including input from the Planning Board is a standard process and he was uncertain it had to be called out in the Comprehensive Plan. Ms. Hope said the Planning Board requested that language be included. Councilmember Nelson said the Planning Board's input is consistently considered and he did not favor a practice of calling that out in the Comprehensive Plan. It was the consensus of the Council to change 2020 to 2021. 3. CITY ATTORNEY CONTRACT EXTENSION Councilmember Mesaros requested City Attorney Jeff Taraday reviewed the proposed contract, particularly payment for services where the biggest changes are proposed. Councilmember Mesaros requestcd an opportunity to speak following Mr. Taraday. Councilmember Teitzel advised Councilmember Mesaros and he saw the draft contract before it was included in the Council packet; they suggested minor changes and this version reflects that input. Mr. Taraday pointed out the flat fee that Lighthouse charges the City of Edmonds on a monthly basis is proposed to be increased at a rate of 4%, the typical annual increase in their fee. The biggest change in the contract compared to previous contracts is in sections 3 b, c and d. He provided context for the change proposed in those sections. In the past Lighthouse has had two relatively long term contracts with the City; Lighthouse was initially retained in 2011 with a 4 -year contract that extended through 2015. In 2015, the contract was extended with a 3 -year contract. Last year Lighthouse was given a 1 -year extension so the City could do a performance evaluation which has now been completed. Mr. Taraday emphasized the following about the flat fee that the City has benefited from during the last 9 years. First, Lighthouse Law Group does not offer the flat fee to any other client; it is only provided to the City of Edmonds. Second, he was not aware of any other municipal law firms that offer a flat fee for city attorney services that includes litigation. Some will offer a flat fee for general services but if the city is sued, there will be additional charges for litigation. Under the flat fee agreement with Lighthouse, when the City has been sued on a case not covered by insurance pool, Lighthouse defended the City within the flat fee and the City did not pay litigation -related attorney fees, a highly unusual arrangement. Third, Lighthouse's annual report given in March 2019 converted the hours worked and fees received; the net result was rate of $141/hour, an affordable rate by any standard. Mr. Taraday said last year and some of the remarks made this year caused him to wonder whether the City intended to continue with their services, and certainly the Council could choose to go in-house, an option that is currently being evaluated. He acknowledged many cities have in-house lawyers; the flat fee provided to the City of Edmonds is intended to be a loyal client discount that is not offered to any other clients. When the flat fee was first offered, it was part of a long term contract. He would not generally sign up to work for $141/hour for any client. Edmonds City Council Approved Minutes November 4, 2019 Page 20 Mr. Taraday explained the reason he was providing this context was given the options currently being evaluated for the future, he wanted to ensure his firm was not put in a position of doing a bunch of severely discounted work only to be replaced by an in-house lawyer. That was not to suggest he was expecting that the City would go in-house as there are many good reasons not to which he said would become apparent in the analysis but, at the same time, he needed to look out for Lighthouse and ensure they were entering into a relationship that was fair for them. He and his partners want to ensure if they continue the flat fee arrangement it is not a situation where they work hard in 2020 under a flat fee and then be replaced with in-house counsel. That was not a risk he willing to take with the flat fee and was the reason for sections 3 b, c, d. Mr. Taraday explained Lighthouse is still committed to the flat fee as long as the City is committed to Lighthouse. All the things that would convert the flat fee to hourly rates are entirely within the City's control; Lighthouse cannot unilaterally decide to convert to an hourly arrangement. Conversion to an hourly arrangement are triggered by three things that are entirely within the City's control, 1) the City terminates the agreement with Lighthouse, which can be done with 60 days' notice, 2) the City approves an in-house city attorney position, or 3) the City does not renew the agreement with Lighthouse for 2021. These three triggers get at basically the same thing: if City the decides, despite Lighthouse's positive performance evaluation, to go in a different direction, Lighthouse wants to ensure they have not been taken advantage of. Mr. Taraday explained if any of those three things happened, Lighthouse has the option to either continue operating under the flat fee or convert to hourly. The hourly rates are set forth in the agreement and are essentially the same hourly rates they charge another city client. That city's contract resets on May 1 so the rate for the first four months of 2020 differ from the rates for the last eight months of 2020; section 3d of the proposed contract reflects a blended rate that would apply to 2020. In the event the City of Edmonds did one of the triggering things and Lighthouse opted to convert to hourly, the rates in section 3d would apply retroactively to January 1, 2020. If for example, on August 1, 2020, the City of Edmonds decides to bring a city attorney position in-house, that would be a triggering event. In that scenario, Lighthouse has until the end of the year or until the contract is terminated to decide whether to convert to an hourly fee. If the contract converts to hourly, Lighthouse would re -invoice the City on an hourly basis for all the work done January 1, 2020 until they exercised that option. In discussions with Council President Fraley-Monillas , she asked if the City could have another attorney look at the contract. If the City wanted to do that, it was appropriate, however, attorney fee agreements are subject to the rules of professional conduct. Most of the time when attorneys pose fee arrangements to clients, they are reviewed by a third party attorney. The rule of professional conduct is in place to ensure fee agreements are fair. He was happy to wait for the City to have outside counsel look at the proposed contract if that was deemed necessary and appropriate. As Councilmember Teitzel stated, Councilmember Mesaros said they had had an opportunity to review and comment on the contract and Mr. Taraday made some revisions in response to their comments. Councilmember Mesaros explained he was involved in a professional services firm for 21 years and was president and CEO of that firm for 11 years. One of the items in their contracts, often multiple month and sometimes multiple year contracts, was a 30 day notice of cancellation. Typically that contract was a flat fee for the period of time. However, when serving a client, the time provided each month is not always the same. Therefore, in the event of a cancellation, the contract reverted to time spent. When Mr. Taraday shared the proposed contract, it seemed natural to do that so the firm could recoup the cost of the time spent serving the City. He was comfortable with the proposed contract. Councilmember Buckshnis recalled going through this with Lighthouse in 2015, noting that process also took a lot of time. She observed it was obviously not possible to please everyone all the time. In 2015 there Edmonds City Council Approved Minutes November 4, 2019 Page 21 was an administrative issue that they worked through via one-on-one with the directors. The reviews from the administration were very good this year and she complimented Mr. Taraday and Lighthouse on the work they have done. To appease some of people some of time, she supported doing an RFQ which had been done with Ogden Murphy Wallace who had been providing city attorney services to the City for 23 years. Councilmember Buckshnis asked if an RFQ would be a triggering event. Mr. Taraday answered no, an RFQ would not be a triggering event that allows Lighthouse to exercise the option to convert to hourly. People do RFPs to the test market and to understand what the competition is charging to determine if they are getting a good deal. There are only 4-5 municipal law firms in Washington state and they regularly compete against each other and did so during this past year. Those rates are available and an RFP is not necessary to see what other firms charging because, 1) the 4-5 firms regularly compete with either other when there are vacancies, and 2) all the contracts are public so it is easy to see what firms are charging. Mr. Taraday agreed with the City getting the data it needed to ensure they were comfortable with the value they were receiving but if the City already has the data and still does an RFP, that signals to Lighthouse that they are not wanted in Edmonds. Councilmember Buckshnis said she would not make that stretch; the Council needs to protect the citizens. Neither the citizens nor she will not do all that public record work. An RFP was how the City ended up interviewing Lighthouse; the City did an RFP to test the market. She summarized Lighthouse's numbers look good and she was aware Lighthouse provided the City a good price. She questioned what happened if the City wanted to test market to see that Lighthouse was within the parameters. Mr. Taraday said the City could absolutely do that; an RFP is not a triggering event under the contract, but it is somewhat insulting to his firm. Councilmember Buckshnis apologized, commenting sometimes things happen. The numbers look very good this year; it is impossible to please everybody all the time. She expressed appreciation for Mr. Taraday and his staffs work, pointing out there are a number of attorneys at Lighthouse. Mr. Taraday answered there are eight attorneys at Lighthouse. Councilmember Buckshnis summarized she just wanted to get clarity, noting there will be a tremendous change next year and she wanted to ensure the City had a good path of professionalism. She recalled all the work that Lighthouse inherited from the City's previous city attorney, Ogden Murphy Wallace. Council President Fraley-Monillas said she was not sold on seeking an outside attorney to review the contract and believed the Council could make a decision although she acknowledged it was always prudent to have an attorney review a contract. She asked for clarification whether an RFP/RFQ would trigger converting to an hourly rate. Mr. Taraday said that language was included in an earlier draft but was removed. Council President Fraley-Monillas agreed with Councilmember Buckshnis about doing due diligence, recalling the Council did that with Ogden Murphy Wallace. She distributed and reviewed calculations she had prepared, commenting her concern was the budget. Taking Lighthouse's hours last year, 3,930 per Lighthouse's report, divided by 12 months equals an average of approximately 328 hours/month. For comparison, using the high end attorney's hourly rate on Mr. Taraday's list, $295/hour and the low end hourly rate of $221, if the City was back -billed by Lighthouse for $295/hour for 3,930 hours would be $1.2M for 2020. The back -bill would be an average cost of $72,000 - $96,000. From that, the approximately $50,000/month base that the City currently pays would need to be subtracted. Being back -billed by Lighthouse would cost an additional $46,000/month for the $295 hourly rate and an additional $22,000/month for the $221 hourly rate. She noted it was difficult to estimate without knowing which hourly rate was applicable to the work that was performed. Edmonds City Council Approved Minutes November 4, 2019 Page 22 Council President Fraley-Monillas said if the Council did its due diligence and found the "most perfect law firm" in June, the City would owe Lighthouse approximately $500,000. She was not comfortable with making a decision on the contract tonight. She appreciated Mr. Taraday saying Lighthouse did not have to back-bill to January 1, 2020 because it was her initial understanding that that would be done if the Council looked at attorneys. She summarized if the City does engage with another attorney, that would be the cost. That may be fair but the Council needs to consider the budget at least through 2020. Councilmember Nelson said he could appreciate the Lighthouse Law Group trying to exercise leverage against the City of Edmonds. He did not agree with the contract and did not need an outside attorney to tell the Council that it boxes the City in and limits what the City can do and explore. The City currently pays Lighthouse $600,000/year in attorney fees and needs to have flexibility and not be restricted. This contact, as written, will restrict what the City can do and he did not support it. Councilmember Teitzel reminded the Council of the fairly extensive process to evaluate the quality of legal representation the City is getting from Lighthouse and the generally very positive scores. There were some outliers that Mr. Taraday is aware of and will be addressing. That is Part A of the process. During the October 22 Council meeting, the Council approved an evaluation of attorney costs for 10 neighboring cities. Councilmember Mesaros and he are in the process of gathering that data for Council review and consideration. If the Council decides to issue an RFQ, that obviates the work Councilmember Mesaros and he are doing to gaining comparative numbers. Councilmember Teitzel commented the Council thinks it is getting a good deal; the data being gathered will confirm whether that is true. The Council needs to make a fact-based decision before doing an RFQ process. He found it premature at this point to do an RFQ until the data Councilmember Mesaros and he are gathering is provided. As a business person, he understood Lighthouse's concern about the City potentially making a change because it puts their firm at some risk. He cautioned the City not to make any decision in the near term until the evaluation regarding costs with neighboring cities was complete. Council President Fraley-Monillas expressed appreciation for the yeoman's amount work done by Councilmembers Mesaros and Teitzel, recognizing there is more information to gather. She contacted AWC regarding temporary attorney services beginning in January if the City is unable to reach an agreement with Mr. Taraday. The City's current contract with Lighthouse extends through December 31, 2019. She has not received an answer from AWC yet. She pointed out the City will have a new Mayor next year and a predominantly new Council; she did not want the current Council to lock a new Mayor and new Council into something that will extend years into the future. She recognized there was a 60-day cancellation in the current contract with Lighthouse. She will communicate with Council via email once she receives information from AWC regarding the cost and what it would look like if the City does not approve a contract with Lighthouse and Mr. Taraday says, "forget you people." Councilmember Buckshnis did not want to put words in Mr. Taraday's mouth and did not think he would say forget you people. She favored keeping the same attorney at least until next year because there will be a brand new Council and a Mayor. Most of the numbers in Lighthouse's evaluation look great, most are 7 out of 7. Her question was what if the City wanted to do an RFQ next year for whatever reason although she was not proposing that. She recognized how hard Lighthouse worked and the numbers looked great; other options were being evaluated due to rumblings about going to an in-house city attorney. She did not support an in-house attorney because they would report to the Mayor giving that person even more control. Mayor Earling relayed his understanding that Councilmembers Mesaros and Teitzel will continue their work and provide a report along with the information Council President Fraley-Monillas developed. Edmonds City Council Approved Minutes November 4, 2019 Page 23 Councilmember Mesaros suggested Council review the data provided by Council President Fraley-Monillas and he will work with her on a future agenda item to bring this matter to a close as soon as possible in a manner that would provide some certainty about the coming 12 months and as well as be fair to the Lighthouse Law Group. He suggested Councilmember Teitzel, he and Mr. Taraday consider the comments made tonight and possibly make some revisions to the contract. Councilmember Teitzel relayed the contract with Lighthouse expires at the end of 2019 so something needs to be done in fairly short order to either extend or terminate the contract. Mr. Taraday agreed that certainly something needed to be done before the end of year if the Council wanted him to work for the City next year. 8. REPORTS ON OUTSIDE BOARDS AND COMMITTEE MEETINGS Councilmember Mesaros reported on meetings/events he attended: • Seashore Transportation Forum o Discussed the impact of I-976 on the November 6 ballot o Looked at issues associated with the "Seattle squeeze" and things happening with Sound Transit especially as they connect the eastside light rail system to the existing light rail system at the International District station. Light rail will be closed several weekends as those changes are made. ■ SN0911 (attended several meetings) o Positive budget impacts as a result of the merger with SERS, similar to the positive impact of the merger between SNOPAC and SNOCOM ■ The City saved approximately $400,000 over multiple years and receives much improved service o Discussed changes to the bylaws (which he reported at a previous meeting) o Discussed a hiccup in the implementation of the new SERS ratio program that is being resolved by Motorola ■ Public Facilities District o October 24 agenda included routine items as well as the budget ■ Did not attend meeting due to breakfast fundraiser for new Waterfront Center that raised over $65,000 o October 25 ECA Auction • Very successful, fun, high energy event - raised $435,000 including over $176,000 via Raise the Paddle ■ Council President Fraley-Monillas and Mayor Earling also attended Councilmember Nelson reported the October l Ota' Youth Commission forum was very well attended and had great engagement by the teens who attended. The forum included very heavy topics including diversity, sexual assault, mental illness, climate change, hate crimes. He emphasize those are the topics that youth are facing and we need to lend a hand where possible. Council President Fraley-Monillas reported on meetings/events she attended: • Snohomish Health District's 2020 budget should be completed tomorrow and presented next week • Open house in Lynnwood on work release generated a lot of push back from the neighbors • ECA's Community & Cultural Development Reception and the auction which she agreed was very fun • Senior Center auction o A number of the Council candidates she invited also attended • Judge Coburn's community court meeting which will begin in January Edmonds City Council Approved Minutes November 4, 2019 Page 24 • Met with a member of the Housing Affordability Group to discuss ways to create more affordable housing; Hwy 99 is an appropriate location for more housing density Councilmember Teitzel reported on meetings he attended: ■ Lake Ballinger work group o Milfoil was treated twice this year with ProcellaCOR (safe for humans and fish) ■ Greatly reduced milfoil, improved water quality and clarity ■ Two more treatments are planned next spring and summer. o City of Mountlake Terrace working with Corps of Engineers on restoration of Falls Creek which enters Lake Ballinger ■ Construction begins in 2021 ■ Will greatly improve the quality of the creek for fish habitat • Puget Sound Regional Council Transit Oriented Development o In addition to light rail, Sound Transit is also expanding Bus Rapid Transit (BRT) routes ■ Existing 8 BRT lines in Snohomish County will be expanded to 42 by 2040 to serve areas beyond light rail o Transit boardings in the Puget Sound region increased in 2018 by 2.4M over 2017, the largest transit boarding increase of any of the top 50 metropolitan areas in the U.S. • Port of Edmonds o Presented 2020 budget — revenues: $ l OM, expenses: $8M o Purchased a new travel lift, cost $400,000. Lasts 15-20 years. o Working on a plan to beautify the boardwalk and the dock entries o Harbor Square Building 3 has significant rot issues due to leaking windows. Repairs will cost approximately $750,000. • Disability Board meeting o Pending request for the Board to pay providers directly for services that LEOFF members receive. Board currently approves reimbursement requests for medical necessities. The Board is concerned with the request due to policy, auditing, administrative, etc. issues. Proposal is still being investigated. o Several members require long term care which costs $6,000 - $9,000/month. Another member has notified they intend to enter long term care in the future. Councilmember Buckshnis reported on meetings she attended: • Disability Board o Thanked Councilmember Teitzel for his service on the Board for the past four years, recognizing his efforts to review the Disability Board policies • WRIA 8, Puget Sound Partnership, Mayor's Climate Protection Committee, Tree Board and Creative District are meeting this week Citizens Housing Commission o In educational phase including the Comprehensive Plan, zoning, etc. o Questions about how alternates participate Councilmember Tibbott reported on a meeting he attended: • Alliance for Housing Affordability o Presented an ILA cities would use to govern disbursement of funds AHA receives o Options for new revenue include allocation of a percentage of the state sales tax (which the Council approved earlier this year) o Working on the ILA with 17 other municipalities 9. MAYOR'S COMMENTS Edmonds City Council Approved Minutes November 4, 2019 Page 25 Mayor Earling reported the Council should have received notice from Environmental Program Manager Kiernan Lien that Ecology has signed off on the City's Shoreline Master Program. There is a 14 -day waiting period. Mayor Earling reported this year's Halloween celebration was absolutely extraordinary. He recalled when the downtown tradition started in the mid to late 80s, several hundred people attended; the crowd estimate this year was 8,000. Facebook, My Edmonds News, Edmond Beacon included reports and pictures of the event; it was so much fun to see the community having such a wonderful time. Merchants who have been working on this since the mid to late 80s still enjoy it. He thanked the community for supporting the event. A veteran of several elections, Mayor Earling assured some will rest better tomorrow night and some will not. He wished everyone a great election and luck to all the candidates. 10. COUNCIL COMMENTS Councilmember Nelson wished all the candidates luck tomorrow. Council President Fraley-Monillas wished her fellow Councilmembers who ran for office and the other Council candidates nothing but the best. She recognized how difficult it was to run for office as it took a lot out of your family and friends. Councilmember Buckshnis urged the community to vote and wished everyone good luck. 11. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(l)(i) At 8:57 p.m., Mayor Earling announced that the City Council would meet in executive session regarding pending litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 15 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Fraley-Monillas, Buckshnis, Teitzel, Tibbott, Mesaros and Nelson. City Attorney Jeff Taraday and attorney Jessica Goldman were also present. At 9:13 p.m., Mayor Earling announced a five-minute extension for the executive session. The executive session concluded at 9:17 p.m. 12. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION Mayor Earling reconvened the regular City Council meeting at 9:18 p.m. 13. ADJOURN With no further business, the Council meeting was adjourned at 9:18 p.m. q - DAM O. EARLING, MAWR C PASSEY C ERK Edmonds City Council Approved Minutes November 4, 2019 Page 26