20191126 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
November 26, 2019
ELECTED OFFICIALS PRESENT STAFF PRESENT
Dave Earling, Mayor
Adrienne Fraley-Monillas, Council President
Michael Nelson, Councilmember
Kristiana Johnson, Councilmember
Thomas Mesaros, Councilmember
Diane Buckshnis, Councilmember
Dave Teitzel, Councilmember (by phone)
Neil Tibbott, Councilmember
ALSO PRESENT
Zach Bauder, Student Representative
CALL TO ORDER/FLAG SALUTE
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
Dave Turley, Assistant Finance Director
Jessica Neill Hoyson, HR Director
Shannon Burley, Deputy Parks & Recreation Dir.
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 5°i 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. Councilmember Teitzel
participated by phone.
4. APPROVAL OF AGENDA
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY-
MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED
UNANIMOUSLY.
5. PRESENTATION
1. SMALL BUSINESS SATURDAY PROCLAMATION
Edmonds City Council Approved Minutes
November 26, 2019
Page 1
Mayor Earling recognized the importance of the small business community in Edmonds. He read a
proclamation declaring November 30, 2019 as Small Business Saturday and urged the residents of our
community, and communities around the country, to support small businesses and merchants on Small
Business Saturday and throughout the year.
Sheila Cloney, President, Downtown Edmonds Merchants Association (DEMA), and Matt McCullough,
President, Edmonds Downtown Alliance (E fl, accepted the proclamation. Mr. McCullough commented
Saturday is a big day for businesses in downtown Edmonds and small businesses add to the vitality of the
community. He encouraged the public to support small businesses, Shop Small and enjoy the holidays. Ms.
Cloney thanked the community for Shopping Small and supporting the Edmonds community.
6. AUDIENCE COMMENTS
Darrol Haug, Edmonds, a 45 year resident of Edmonds, thanked the City Council and Mayor for what
they do. He recognized Edmonds was about to undergo many changes in its government, a new mayor, four
new councilmembers, some new department heads, several retirements and a new council president, noting
was fortunate many of the current staff and most of the taxpayers will remain. He referenced the Council's
consideration of the Lighthouse legal services contract, commenting now was not the time to change the
legal staff. He provided examples to support his recommendation to stay the course and retain Lighthouse
including Mr. Taraday's ability to protect his privacy after a citizen's public record request attempted to
reach into his personal computer due to his serving on several City committees and commissions. Another
of Lighthouse's major efforts was the successful negotiation of the new fire contract. When the City first
went to a subcontracting model, the City saved approximately $2M/year and in the latest negotiations,
Lighthouse worked carefully to increase vital EMS services while saving the City what appears to be
$1M/year. Changing legal services at this point would be counterproductive to good government and he
urged the Council to make its decision based on practical considerations and not political considerations.
He spoke in favor of establishing processes and procedures that will provide the public easier access to
information which would also reduce the number of public records requests and save the City money.
Liz Brown, business agent for Teamsters Local 763 that represents the City's Parks & Recreation
employees, bid Mayor Earling a formal farewell. She explained Mayor Earling was one of the steps in the
grievance procedure; although there have been disagreements during his tenure as mayor, he was not a
pushover, he was tough and mostly fair, a good combination. She referenced specific instances where
Mayor Earling dealt with City employees who were struggling with personal crises with compassion and
deep humanity. In today's political environment, when someone commits an act of kindness, it deserves to
be called out and acknowledged and she thanked Mayor Earling.
Ava Dubno, Treasurer, Edmonds Chamber of Commerce, explained the Edmonds Chamber was chartered
in 1907, a volunteer organization serving over 440 business and professional leaders in several Edmonds
neighborhoods including downtown Edmonds, the Waterfront, Perrinville, Five Corners, Westgate and
Hwy 99. The Chamber's mission is to promote the economic vitality of Edmonds through efficacy,
leadership, education and community building events which include the Edmonds Kind of 4", Classic Car
and Motorcycle Show, Halloween Trick or Treating and the Tree Lighting Ceremony. Over the years the
Chamber has been able to fund these events through the generous support of its members and sponsors and
through the success of its biggest fundraiser, Taste Edmonds. However, with the work being done to Civic
Field in 2020 which will impact the Chamber's biggest fundraiser, there is a real possibility that the
Chamber will not be able to fund these events to the degree they have in prior years. Therefore, in the spirit
of cooperation and collaboration, the Chamber is requesting financial support from the City to supplement
the cost of these events. She expressed the Chamber's appreciation for the Council's consideration of the
request and looked forward to partnering with City so that events cherished by the people of Edmonds can
continue in 2020 and into the future.
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Finnis Tupper, Edmonds, said his comments have nothing to do with the performance of the Lighthouse
Law Group, but were related to the execution of responsibilities given to an ad hoc committee to evaluate
the firm. He was unable to find any record of the Council as a body making a motion and voting to delegate
that ad hoc committee the authority to renegotiate a contract. In reading ECC Chapter 2.05, any reasonable
person would conclude the contract does not adhere to the code. This Council should not approve a contract
that does not include an amount for each year. Due to the lookback poison pill trigger clause, the Council
has no way of knowing the billing amount in three years which he said is against the Washington State
constitution and the ECC. He recommended the Council table consideration of the city attorney contract,
complete the evaluation process and renegotiate contract in an open public meeting via a motion and vote
of the entire Council not just two Councilmembers.
7. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items
approved are as follows:
1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF NOVEMBER 19, 2019
2. APPROVAL OF COUNCIL MEETING MINUTES OF NOVEMBER 19, 2019
3. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND
WIRE PAYMENTS
4. INCREASE OF TOURISM PROMOTION AREA LODGING FEE
8. PUBLIC HEARINGS
COMPREHENSIVE PLAN AMENDMENT/HOUSING
Development Services Director Shane Hope reviewed:
• Comprehensive Plans may generally be amended no more than once per year
• Besides CFP update, only proposed 2019 amendment is for Implementation Action In Housing
Element
• Current Implementation Action in Housing Element is:
o 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 at next amendment period
• Resolution 1420 identified 2 options for amending Comprehensive Plan.
1. Delete entire Implementation Action
diver -se housing ea.
2. Change only "due date" for a housing strategy
• After Resolution 1420 , Council approved new process for Citizens' Housing Commission under
Resolution No. 1427
o New resolution calls for:
■ Housing Commission to develop "policy recommendations" for City Council
consideration by end of 2020
Since then, 3rd Comp Plan amendment option was proposed to better reflect new Housing
Commission's mission:
o To develop "policy recommendations", rather than "strategy"
o To recognize new timing for Commission (end of 2020, rather than 2019)
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Planning Commission, on 10/29/19, recommended 4th option:
housing ileeds
o Provide housing policy options by the end of 2020 for City Council consideration, includirt
inj2ut fiom the Planning Board
November 0 City Council Meeting Highlights
o Discussion to not specifically mention Planning Board in Comp Plan amendment, since
Planning Board would be involved anyway
o Concurrence on new Option 5:
■ To use Option 3 but with 2021 date
November 26' Public Hearing
o To clarify that a new "2021" date does not change the 2020 date set by Resolution 1427, a new
Option 6 is proposed:
■ "Provide housing policy options by the end of 2020 for City Council consideration, with
additional input in 2021"
o At hearing, public may comment
o At close of hearing, Council may give direction
Next steps
o Tonight, Council will:
■ Hold public hearing
■ Provide direction on amendment option for ordinance
o Draft ordinance will be prepared for Dec. 3 City Council action
a Ordinance to also include reference to amendment for Capital Facilities Plan (CFP)
Mayor Earling opened the public participation portion of the public hearing. There was no one present who
wished to provide testimony and Mayor Earling closed the public hearing.
Councilmember Tibbott spoke in favor of the 2021 date, commenting it was reasonable to extend the date
in light of the fact that the Housing Commission started six months later than originally planned. If the
Housing Commission completed their work in November, Councilmember Tibbott asked whether that
provided enough time for input from the Planning Board and others. Ms. Hope answered that was possible,
but not certain. For example the Planning Board could possibly provide input in 2020 but it would be wiser
to extend into 2021.
Councilmember Tibbott inquired about extending the due date for the housing options the Housing
Commission would provide to the City Council from 2020 to 2021. He asked if that would provide time to
elicit feedback from the Planning Board and others. Ms. Hope asked for clarification, the resolution calls
for the Housing Commission to bring back a recommendations by the end of 2020. The thought has always
been that there would be more opportunity for public input following their recommendation for as long a
period as the Council wants and that would occur in 2021. She also envisioned public input during the
process in 2020 from the Planning Board as well as individual citizens, other groups/organizations, etc.
Councilmember Tibbott asked if it was envisioned the Housing Commission would remain in effect in
2021. Ms. Hope said that would require an amendment to the resolution as the resolution states the
commission expires January 1, 2021. Another challenge with revising the resolution is the impact on
commissioners who were asked to serve for a time-limited period. The commission is working hard to meet
the deadline. Councilmember Tibbott preferred the commission meet the deadline but recognized it got
started late.
Councilmember Tibbott asked about the timeline for rewriting the Comprehensive Plan. Ms. Hope
answered it was 2023 but that effort would begin in 2020 including coming to the City Council for direction.
The information from the Housing Commission will be available for that process.
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COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO
ADOPT OPTION 3, AMEND THE EXISTING LANGUAGE TO REFLECT THE HOUSING
COMMISSION'S WORK AS FOLLOWS: PROVIDE HOUSING POLICY OPTIONS BY THE END
OF 2020 FOR COUNCIL CONSIDERATION.
Councilmember Johnson said she has been attending Housing Commission meetings; they are working hard
and she believed they would complete their work without exception. Once the commission's
recommendations are provided to Council, the Council can hold additional public hearings, refer it to the
Planning Board and provide additional input in 2021.
Councilmember Buckshnis asked if that was Option 6. Ms. Hope said Options 3 and 6 are very similar,
Option 6 makes it explicit. Councilmember Buckshnis said Option 6 allows the Council until 2021 to create
a housing policy. Ms. Hope answered the resolution calls for the commission sunsetting at the end of 2020.
The Comprehensive Plan only calls for developing recommendations, not adopting regulations.
Councilmember Teitzel agreed with the last two comments; if the options are provided by the end of 2020,
that provides an opportunity for the public, Planning Board and Council to do additional work in 2021.
MOTION CARRIED UNANIMOUSLY.
2. PUBLIC HEARING ON THE 2020 PROPOSED BUDGET
Finance Director Scott James advised there are two budget items on tonight's agenda, the public hearing
and continued deliberation by the City Council.
Mayor Earling opened the public participation portion of the public hearing.
Richard Bologna, Edmonds, a 40 year Edmonds resident, proposed more emphasis be given to
enforcement of traffic laws in Edmonds. A longtime resident of the Firdale Village area, he pointed out a
high percentage of vehicles on Firdale Avenue exceed the 25-35 mph speed limit, making crossing to
Firdale Village extremely hazardous for children and the elderly. He suggested a speed monitoring device
similar to the one entering downtown Edmonds to help deter speeding motorists. In general, he
recommended more funds and emphasis on traffic and law enforcement issues.
Kimberly Koenig, Edmonds, speaking on behalf of the Economic Development Commission (EDC),
relayed the Downtown Alliance has provided a holiday trolley connecting downtown and the waterfront
district since 2014. A trolley will again be a feature during the upcoming holiday season. The City's
Strategic Action Plan, approved by Council in 2013 and updated in 2015, includes a specific action item,
4a.14, that proposes establishment of a downtown/waterfront shuttle. The EDC adopted this proposal as
one of its tourism promotion initiatives which have been researched extensively. With the potential to
purchase a trolley and establish more regular service, the EDC discussed and reached consensus that the
trolley was a worthwhile idea that would enhance visitor experience in downtown as well as promote
connectivity between downtown and the waterfront, perhaps even linking remote parking facilities. To test
viability upon the suggestion of the EDC, the City operated the trolley for a trial period on five August
Saturdays. This short test indicated ridership would be good and would connect the waterfront and
downtown. While a specific business plan has not been detailed, it is expected a significant portion of the
operating costs will be offset by sponsorship and potentially future rentals for special events. The Lodging
Tax Advisory Committee (LTAC) has pledged $20,000 for the trolley purchase and/or operations and Ed!
pledged $11,000 in sponsorships. Other local partnerships can also be sought such as the Port and transit
agencies. The trolley will become an iconic part of the charm and provide indirect benefits to downtown
Edmonds. It will also improve accessibility between downtown and waterfront, generating sales tax
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revenues, jobs, offering additional parking and enhancing the Edmonds experience. For those reason, she
relayed the EDC's support for DP #5 to purchase an historic trolley and establish seasonal service in 2020.
David Brewster, Edmonds, Board Member, Edmonds Public Facilities District (EPFD), thanked the City
for its ongoing support of the EPFD and the operation of the Edmonds Center for the Arts (ECA) and urged
the Council to continue that support in the coming year. He also thanked Councilmember Mesaros for his
help and guidance as liaison to the EPFD and the EPFD Board looks forward to working with his successor.
By December 2019, the ECA will have hosted nearly 90,000 guests this year, attending ECA presentation
as well as events and shows from partners and rental clients Perhaps Councilmembers attended a recent
sold -out show by India Arie or Robert Cray; know one of 8,000 students and seniors the ECA has served
in its education and outreach programming; are part of a family that attended KidStock!; attend regular
events produced by partners Cascade Symphony Orchestra, Edmonds Community College, SnoKing
Community Chorale, and Olympic Ballet Theater; or attend events hosted by organizations such as Rick
Steves Europe, the DeMiero Jazz Fest, Edmonds Daybreaker's Jazz Connection, SnoKing Music Educators
and Community Christian Fellowship or one of the many shows produced by independent producers and
community gatherings in the gym, lobby and classrooms. ECA is a platform for local individuals and
businesses to express support for the arts in the form of sponsorships. One of those local small businesses,
Edmonds Bookshop, owned by his wife and him, sees a direct benefit from supporting ECA by
strengthening connections to the community. ECA has over 180 dedicated volunteers whose hard work and
friendly faces make any experience at ECA memorable and familiar. ECA is proud to be an important
aspect of Washington's first certified Creative District, a result of the City's stated goal of enhancing the
prospects for local arts and culture. As sibling cities such as Kirkland, Bellingham, Bremerton and Olympia
do for their performing art centers, he urged Edmonds to maintain the current proposed grant to ECA in the
City's 2020 budget. He thanked the Council for their attention and hard work and wished all a warm and
peaceful Thanksgiving.
Liz Brown, Edmonds, a ratepayer in the Olympic View Water & Sewer District, commented on DP #94,
replacement of the incinerator at the WWTP with a thermal chemical, pyrolysis. This project was first billed
as an energy savings project, but even the City's contractor, AMERESCO, now says the new process will
be a wash in terms of energy use or will require more energy to operate than the current treatment process.
In fact, the electrical systems at the WWTP will need to be reconfigured to handle higher demand and
pyrolysis will also use natural gas. The incinerator operates approximately 14 hours/day; the pyrolysis
project will likely run 24 hours/day to keep up with demand, resulting in higher energy usage, more
treatment chemicals and more staffing. The current incinerator needs to be replaced; the cost of a
rehab/refresh of the incinerator was estimated at $8-1 OM and a complete replacement with a new incinerator
was estimated at $13-15M. A new incinerator also could be housed in the current low profile of the WWTP
versus building a new structure over the City's height limit. This will be an extremely expensive capital
project for the City. With it, Edmonds would be the only city in the United States to rely solely on pyrolysis
to treat all its sewage sludge. The handful of other cities and utilities that use pyrolysis also have another
method of treatment. The most glowing reviews for pyrolysis are on the websites of companies selling the
technology. If pyrolysis does not work, the impact on Edmonds' rate payers could be huge. She was unsure
why a city the size of Edmonds wanted to be the canary in a coal mine for a project of this scope. She urged
the Council to examine the assumptions behind this project and how it became the preferred alternative.
Sheila Cloney, Edmonds, President, Downtown Edmonds Merchants Association (DEMA), speaking on
behalf of the Edmonds Downtown Alliance (Ed!) and DEMA in support of the request to set aside funds in
the 2020 budget to be used to reengage the process for wayfinding signs and business identification in the
Edmonds downtown core in conjunction with initiatives related to Edmonds' recent designation as a
Creative District. They envision working with Patrick Doherty and Francis Chapin with the goal of
increasing the economic vitality of downtown Edmonds. She invited the Council to contact her or Matt
McCullough, Ed!. She submitted written information. On behalf of DEMA, she expressed support for the
trolley.
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November 26, 2019
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Darrol Haug, Edmonds, commented the 176 page budget is like an onion with many layers. Expenses are
going up and revenues are going down, the ending fund balance is projected to go way down even with the
EMS tax increase of almost $1 M/year and some expenses are pushed into the future causing future
taxpayers to pay more for those services in the future. At over $8M, Fire and EMS services are one of the
largest expenses; however, it is impossible to find information related to Fire and EMS finances in the 2020
budget. He met with Scott James in April to develop a more complete understanding of 2019 revenue
components of Fire and EMS that include EMS taxes, insurance payments and monies from the General
Fund. To the taxpayer, it can be expressed in cost per 1000: EMS is $0.44/1000, the General Fund
contribution is $0.38/1000 or about $0.82/1000; insurance payments add approximately $800,000. Mr.
James confirmed that the cost in unincorporated Snohomish County is $1.87/1000 for Fire and EMS
services, making Edmonds' $0.82 a good bargain. The budget has 17 pages devoted to Police services, 31
pages to Parks and zero for Fire. Even cemetery maintenance and the opioid response fund each have their
own page in the budget. The 2018 Budget in Review had nothing about Fire, there is a little in 2019 but no
information in 2020. He suggested Councilmembers ask why information regarding Fire and EMS is not
contained in the budget so that the public can find the information directly without doing a public records
request.
Hearing no further public comment, Mayor Earling closed the public hearing.
9. ACTION ITEMS
1. AUTHORIZATION FOR MAYOR TO SIGN THE WATER ORALITY STORMWATER
CAPACITY GRANT FROM THE DEPT. OF ECOLOGY
Public Works Director Phil Williams commented the PPW Committee found this item interesting enough
to have it presented to the City Council to accept the funds offered by Ecology. He reviewed:
• Grant details
o Non-competitive grant for $50K
o Requires zero match from City
o Offered on two-year cycle since 2007 (first NPDES permit)
o Funds awarded without identifying a specific use
o All projects must support compliance with Phase II municipal stormwater programs (aka
NPDES permit)
• City of Edmond has used previous capacity grants
o Developing stormwater standards and codes
o Purchase of drain markers
o Education and public trainings
o Internal staff trainings
o Development of SWPPs for City -owned yards
o GIS mapping efforts
o Development of LID standards & IDDE procedures
o Purchase of asset management software
o Crew labor costs
o New equipment (video inspection truck)
• Potential Current Uses for Capacity Grants Funding
o Cover costs associated with new stormwater planning requirements
■ Permit now requires us to integrate stormwater elements into the City's comprehensive
plan and perform additional basin -scale planning efforts; staff or consultant time spent on
these efforts are eligible for reimbursement
o Cover costs associated with new source control — business inspection requirement
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■ Permit now requires stormwater staff to maintain a list of active business which qualify as
"high potential" for pollution per Ecology's definition, and must inspect 20% annually for
potential stormwater contamination sources. Staff and consultant time to on -board this
program are eligible for reimbursement
o Cover cost of new education requirements
■ Permit now requires the use of `social marketing' and revisions to current education efforts;
staff or consultant time, trainings, and cost of producing or providing educational materials
are eligible for reimbursement
COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
TO AUTHORIZE THE MAYOR TO SIGN THE WATER QUALITY STORMWATER GRANT
FROM THE DEPARTMENT OF ECOLOGY
Councilmember Johnson commented the PPW Committee wanted to share this good news with the full
Council.
MOTION CARRIED UNANIMOUSLY.
2. WASTEWATER TREATMENT DISPOSAL AND TRANSPORT CONTRACT
Public Works Phil Williams relayed the City signed a partnership agreement in 1988 with Mountlake
Terrace, Olympic View Water & Sewer District and Ronald Wastewater District as partners to build a new
secondary wastewater treatment facility in Edmonds to serve as a regional treatment facility. The focus of
that 30 -year agreement, which was extended for two years, was on building the plant, how the partners
would pay for capital projects and how the identified plant capacity was divided based on financial
contributions into a percentage of capacity in the facility. Those percentages are Edmonds 50.787%,
Mountlake Terrace 23.14%, Olympic View 16% and Ronald 11%. Each partner has the right to use that
much capacity in the facility. If a project were done that increased capacity, each partner would have that
percentage of increased capacity. That feature is included in the new contract.
Mr. Williams explained the contract also dictates how the operation and maintenance costs are divided
based on actual flows, not maximum capacity. There are a series of flow meters that measure wastewater
and reconcile the data to determine the gallons of wastewater that each partner contributes to the WWTP.
Partners pay for the operation and maintenance throughout the year and it is reconciled at the end of the
year. The proposed agreement does not change that concept. The partners meet periodically to hammer out
issues and have never reach an impasse until a few years ago when Ronald Wastewater District was in the
process of being assumed by the City of Shoreline. That took longer than the term of the agreement so it
was extended because litigation occurred which has now largely been resolved. Olympic View prevailed in
the Court of Appeals and have the right to provide wastewater services to whatever is developed at Pt.
Wells. That has been appealed to the State Supreme Court.
Mr. Williams recommended signing the new agreement which has nice features such as a severability clause
that may be necessary depending on the result of the litigation. Overhead expenses were limited in the
original contract; the partners paid 10% above their portion to compensation Edmonds for overhead
expenses such as general governmental which did not capture all the overhead. The new contract increases
that to 15% plus some items were added to the list of overhead so it is actually about 17% which will help
ratepayers. The proposed agreement will expire at the end of 2048. He hoped to have the agreement signed
by the end of 2019 because the 2 -year extension is about to expire.
Councilmember Buckshnis thanked Mr. Williams for answering questions from Mr. Murdock and Mr.
McMurray. She noted the City did not do 20 year bonds, why would the City do a 30 year contract when it
is known that Mountlake Terrace will be expanding rapidly in the next couple years. She suggested a 10 -
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Page 8
15 year contract would be more prudent. Mr. Williams said the feeling of the partners including Edmonds
was the 30 -year agreement went great and with the way it is structured, there is little that would cause
difficulty. If Mountlake Terrace grows rapidly, they have a fixed capacity in the WWTP although none of
the partners are currently anywhere near their capacity. Edmonds is growing slowly and appliances that
generate water that goes to a WWTP have gotten more water efficient over time. The net result is the
numbers are not changing very rapidly. Even if Mountlake Terrace grew twice as fast as they have been
currently, they would not challenge that number anytime in the foreseeable future and if they did, a process
is established in the contract whereby one partner could ask another partner to buy some of their capacity.
That would be negotiated between those partners. If they could not buy excess capacity, then Mountlake
Terrace would need to develop another option for that portion of their flow.
Councilmember Buckshnis suggested a 10 -year contract with a 10 -year renewal would be more logical with
a check-in and renegotiation if necessary. She envisioned one of the partners could be significant impacted
if they needed additional capacity and no one was willing to provide it. Mr. Williams said the proposed
contract protects Edmonds just as much or more than the current contract. Any flows that disappear from
the WWTP is also money that flows away from the partnership which impacts everyone's rates. If the
partners can be committed to a 30 -year contract and know their flows will come to Edmonds, the City can
bank on that revenue flow for 30 years.
Councilmember Buckshnis asked what happened if Mountlake Terrace doubled in size and needed 28%.
Mr. Williams envisioned Mountlake Terrace could double their size and not get to their purchased capacity;
they are not close now. Councilmember Buckshnis asked how the numbers were determined. Mr. Williams
explained when the partnership was first formed, the partners identified their needs for the foreseeable
future, the plant was sized based on that and a finite price determined and each partner paid that
share/bought that capacity. Edmonds owns the plant and as the managing partner, decides what capital
project are done and what the O&M costs are, but the costs are passed onto the partners.
Mayor Earling cautioned against stating Mountlake Terrace would double in size as that was not realistic.
Councilmember Johnson recalled the first contract was based on the useful life of the plant as designed 30
years ago.
Councilmember Teitzel referred to Exhibit A, Allocated Capacity and Proportionate Share, and said he
presumed that was not a fixed percentage for the four partners and could change over time such as if
Mountlake Terrace increased in size and their flow changed. Mr. Williams said Mountlake Terrace owns
23.14% of the treatment plant's capacity. If something happened that decreased the plant's capacity such
as a permit modification in the future, the percentages would remain constant but the capacity could go
down. Vice versa if the plant's capacity increased, the partners would have the right to increase their
capacity based on their percentage
Councilmember Teitzel said the concern expressed by citizens was if a partner like Mountlake Terrace grew
rapidly, would Edmonds end up subsidizing their growth. Mr. Williams answered no, they would still pay
their share of the O&M based on the increased flow from the growth they experienced and share of the
capital costs purchased when the plant was built.
Councilmember Johnson asked if it would be prudent to reconnect with the partners before doing something
expensive like the pyrolysis project to ensure they have the General Fund or bonding capacity. She
understood there was an implied responsibility for Edmonds and the other partners to pay their share. Mr.
Williams said the partners are well familiar with what Edmonds is doing, they meet frequently and have
had an opportunity to review the alternatives. Edmonds is in a leadership role but none of the partners are
in the dark which is the reason for some of the rate adjustments by partnership agencies. Councilmember
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November 26, 2019
Page 9
Johnson asked if they were onboard with the costs. Mr. Williams answered he believed the partners'
technical and financial representatives were aware.
COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO
APPROVE THE WASTEWATER TREATMENT, DISPOSAL AND TRANSPORT CONTRACT AS
PRESENTED BY MR. WILLIAMS. MOTION CARRIED UNANIMOUSLY.
3. PROPOSED CAPITAL FACILITIES PLAN AND 2020-2025 CAPITAL IMPROVEMENT
PROGRAM
City Engineer Rob English explained this was a continued discussion on the Capital Facilities Plan (CFP)
and Capital Improvement Program (CIP) following the November 12"' public hearing. He pointed out a
change based on a public comment at the public hearing related to the Edmonds Marsh/Willow Creek
Daylighting project to correct the year and amount of expenditure to show construction in 2022 and 2023
and to reflect a 75% grant allocation and 25% local match by the Stormwater Fund which could change
depending on the success of grants. The project sheet that explained the use of a consultant was removed
from Fund 125 in the CIP and moved into Stormwater 422 Fund and the narratives were updated to be
consistent in the CFP and CIP. Deputy Parks & Recreation Director Shannon Burley said the Marina Beach
narrative was updated to ensure a more complete description of the project and how it relates to the
daylighting.
Mr. English relayed staff's recommend for Council to approve the ordinance to adopt the 2019 amendments
to the City Comprehensive Plan (including the CFP) at the December 3, 2019 City Council meeting and to
approve the 2020-2025 CIP with the adoption of the 2020 Budget.
Councilmember Johnson referred to Mr. Williams' email with updated costs for Lake Ballinger, Pump
Station 1 and the Stormwater Comprehensive Plan. Mr. Williams explained a new technology has been
identified to provide the necessary information about the Lake Ballinger sewer line project that appears to
be much more cost effective which resulted in staff's proposal to reduce that project in 2020 by $500,000.
The other cost reduction was to postpone the update to Stormwater Comprehensive Plan for a year.
Councilmember Johnson inquired about Pump Station 1. Mr. Williams said the expenditure in 2020 is to
complete the study regarding alternatives. The likely recommended solution will be to construct a gravity
sewer on Sunset Avenue which would eliminate the pump station. Councilmember Johnson asked if there
was a cost reduction for that line item. Mr. Williams said no, the cost to complete the study for Pump Station
1 is $121,000.
Councilmember Buckshnis referred to her extensive review of the CFP and CIP, recommending the Council
scrub the CFP/CIP in August in advance of the budget preparation. She referred to an email she had sent to
Councilmembers with her amendments. She commented on the importance of placeholders in Park Fund
125, 126 and 322 and her efforts to rewrite it to be in line with the governor's capital budget. Her goal next
year is to work the scientific level through WRIA 8 and WSDOT mitigation and determine the
ownership/future of the property. In the interim, there need to be placeholders in the Parks documents. She
commented on the importance of describing it as salmon recovery and bring the marsh, stormwater and
Marina Beach together so people understand how they fit.
COUNCILMEMBER BUCKSHNIS MOVED TO AMEND TO ADD THE EDMONDS MARSH
ESTUARY RESTORATION (WILLOW CREEK DAYLIGHTING) BACK INTO TO PARKS
PROJECT FUND 125 WITH THE ESTIMATED COST TO BE DETERMINED. THE PROJECT
DESCRIPTION IS THE EDMONDS MARSH NEAR -SHORE ESTUARY RESTORATION WILL
RESTORE THE NATURAL TIDAL EXCHANGE BETWEEN THE PUGET SOUND AND THE
EDMONDS MARSH. THE PROJECT WILL ENHANCE ITS MANY ECOLOGICAL FUNCTIONS
AND WILDLIFE FOUND WITHIN THE INTERIOR OF THE MARSH. FUNDS WILL BE USED
Edmonds City Council Approved Minutes
November 26, 2019
Page 10
TO SUPPORT THE GRANT WRITING EFFORTS. PROJECT BENEFITS/RATIONALE WOULD
READ: THE NATURAL TIDAL EXCHANGE WILL ALLOW JUVENILE SALMON AND OTHER
MARINE LIFE TO UTILIZE THE ESTUARY. SIMILARLY, THE RESTORATION WILL
ALLOW COHO AND CHUM SALMON TO AGAIN MIGRATE INTO WILLOW CREEK FOR
SPAWNING; NOTE THAT THE WILLOW CREEK HATCHERY IS LOCATED ADJACENT TO
THE MARCH. CONDITIONS THAT SUPPORT MIGRATORY BIRDS AND WATERFOWL WILL
ALSO BE IMPROVED. LIKEWISE, INCREASED TIDAL EXCHANGE WILL REDUCE THE
ACCUMULATION OF CONTAMINANTS, INCREASE OXYGENATION WITHIN THE MARSH.
THE ESTUARINE FUNCTIONS INCLUDING ITS ROLE IN THE AQUATIC FOOD WEB AND
THE PROJECT IS INTENDED TO ADDRESS SEA LEVEL RISE...
Council President Fraley-Monillas raised a point of order, commenting the motion was very long.
Councilmember Buckshnis said it was an amendment, the project page was pulled from Fund 125 and she
was adding it back. She offered to provide a memo with her amendments for consideration next week,
adding that she has four similar amendments.
Mayor Earling said it was an administrative decision to include the project in Public Works. Public Works
and Parks likely speak weekly about it, but administratively he assigned it to Public Works. Councilmember
Buckshnis said the bottom line is the Edmonds Marsh is part of the PROS Plan in the Comprehensive Plan
and it behooves the City to have placeholders in Parks Funds 125, 126 and 322. If there are no placeholders,
next year's mayor will have to wait a year because the CFP/CIP are only updated annually. Her amendments
will provide flexibility to the future Council and Mayor because the CIPs governs the budget and the CFP
governs projects. She rewrote the description so it was not tied to a stormwater project and to follow the
guidelines of the PROS Plan, and the $363M in the governor's budget for salmon recovery, culvert removal,
water quality, water supply projects that will expand and improve salmon habitat.
Ms. Burley relayed her understanding of Councilmember Buckshnis' request was to add a placeholder to
the spreadsheets without associated dollars that states this project is within Fund 125, 125 and 332 and to
create a project sheet in Funds 125, 126 and 332 with dollars TBD with the description she provided.
Councilmember Buckshnis answered yes. Ms. Burley said that does not change that the project is assigned
to the Stormwater Department who also has funds set aside to fund the project. This is more of a clerical
entry to ensure there is a placeholder with no associated dollars.
Councilmember Johnson said she read Councilmember Buckshnis' email detailing her request so she
understands her suggestion. If others have not read the email, she suggested including it in the packet for
next week and taking action without reading it all into the record.
Councilmember Nelson supported Councilmember Johnson's recommendation to include Councilmember
Buckshnis' amendments in next week's packet.
Mayor Earling asked if that would be disruptive to the timeline. Mr. Williams said it would not.
Councilmember Johnson referred to the 4tn Avenue Cultural Corridor in the CIP. She recalled the initial
study was done at least 10 years ago and it was a general concept at that time. In 2017 when Councilmember
Tibbott and she asked the status of the 4"' Avenue Cultural corridor, they were told it wasn't a Council
priority. The Council reaffirmed it was a Council priority and asked when it could be done. The Council
was told resources were dedicated to the design of Civic in 2018 and it took one year for design (2019) and
one year for implementation (2020). Her understanding was the $50,000 for design of the 4" Avenue
Corridor was used for right-of-way work and the design for utilities was not as extensive as previously
thought. She was unsure if there had been any design for the corridor as the CIP has $100,000 for design in
2020 and $250,000 for design in 2021 for a total of $400,000 in design. She questioned that amount as it
only cost $100,000 and took one year to design Civic.
Edmonds City Council Approved Minutes
November 26, 2019
Page 11
Ms. Burley answered a substantial amount of the $50,000 was used to survey the entire corridor to
determine areas where design could occur and areas that were being encroached upon by property owners.
Following that, a neighborhood meeting was held to show property owners the survey data and explain how
their properties encroach, show the conceptual design and gather feedback. The conceptual design will be
advanced by the end of 2019 and all the $50,000 budgeted in 2019 will have been spent. Typically 10% of
the cost of construction is budgeted for design; there was $600,000 in design in 2019 for Civic Park in
addition to the Master Plan which was approximately 10% of the construction cost. The original conceptual
design for the 4"' Avenue Corridor was $6M which was higher than the Council wanted and staff was asked
to scale it back to $3.544M. The current CIP project focuses on the artistic development of the corridor
not the stormwater or utility aspects. In an effort get Civic to construction, the 4" Avenue Corridor project
has been delayed.
Councilmember Johnson said she would like to see the 4` Avenue Corridor project advanced. It was on the
books before the City even purchased Civic. It is a key feature as a component of the Creative District.
Instead of contributing $75,000 to the Public Facilities District, she preferred to spend that on the arts
corridor and complete the design in 2020 using whatever funds are necessary. She asked how the utility
design fit with this schedule if implementation was intended to begin in 2021. Mr. Williams explained it
originally seemed there would be a great deal of opportunity for utility work in 4th Avenue ahead of a major
surface improvement and that could absorb some of the costs. Further examination found the utility work
was not as extensive as originally assumed so the role of utilities in the project will be smaller. Staff has
been waiting to see how project evolved on the surface to prioritize utility projects ahead of that effort.
There has not been the impetus for that yet so staff has selected higher priority water and sewer lines.
Councilmember Johnson offered to work with Council to discuss priorities. She acknowledged different
people have different priorities related to Civic and the 4t" Avenue Arts Corridor; it needs to be progressed
at the expense of other projects such as beginning the Marina Beach design or other smaller projects. Since
she has been on the Council, the 4"' Avenue Corridor has been pie in sky, but it is time to complete that
project now that Edmonds has been designated a Creative District, the presence of the ECA and there is
interest in revitalizing downtown.
Councilmember Tibbott recall the $50,000 was to conduct a right-of-way study and early design work the
following year. He asked how that sequenced with the timing of RCO grants. Ms. Burley said she was not
aware of an RCO grant that would quality for this project. One of the greatest challenge is identifying grant
funding for this project. Ms. Chapin requested it be designed to a point where she could begin to shop it for
grant funding. The City is applying this year for RCO grants for funding provided next year.
Councilmember Tibbott asked about other sources of funding related to the Creative District. Ms. Burley
said staff is working on funding opportunities for the Creative District to make good on the work plan which
centers around the 4th Avenue Cultural Corridor. The sequencing of funding in the CIP allows design to the
level it can be shopped for grant funding for the construction phase. There is $100,000 in 2020 for technical
specification and graphic representation. Mr. Williams suggested economic development grants are another
a possibility although they are difficult to quality for. Private foundations that focus on the arts are another
potential funding source. He summarized it would likely be funded by a variety of sources.
Councilmember Johnson suggested the funding package could include a Local Improvement District (LID)
that would assess home and businesses along the corridor which has been done for other large projects such
as sidewalks. She recalled the assessment was 20 years to provide funds for something beneficial to the
adjoining businesses and residences.
Councilmember Buckshnis observed LIDs are not very popular. She asked if the TIP will be presented to
the Council. City Engineer Rob English answered the TIP is presented in June as it must be adopted by July
1. Councilmember Buckshnis referred to the sidewalk on Railroad Avenue from Dayton to SR 104 and
Edmonds City Council Approved Minutes
November 26, 2019
Page 12
asked if that was part of the Edmonds Waterfront Center project. Mr. English answered the existing
sidewalk is in poor condition; a project was included in the CIP and TIP in the event an opportunity for a
grant arose. Councilmember Buckshnis commented it would be nice to have the sidewalk redone in that
area.
Councilmember Teitzel referred to the estimated project cost for Civic of $13.1M and the cost breakdown
of $12.6M which is under the estimate. He noted the Boys & Girls Club is considering their options, to
remain there or potentially move. If the Boys & Girls Club moves, the building can be demolished or
repurposed and he asked the cost of either option. Ms. Burley answered the current Civic project does not
include that space. Utilities are being run to that location to make way for what could potentially be located
there. The Boys & Girls Club are considering options; their current lease expires at the end of 2020 and
includes a five year option to continue their current lease; they would need to provide notice to continue by
May 2020. She recommended reopening Master Plan regarding that location and inviting public input on a
Phase 2 of Civic. Civic is headed to permitting the first week of December; any decision the Boys & Girls
Club made in May would be considered in Phase 2. There are no cost estimates associated with either option
as the future of that space would be dependent on a future process.
Councilmember Johnson referred to a carryforward budget amendment of $465,940 in building
maintenance revenues and cash balances in 2019 in the CIP and asked if that was the elevator project. Mr.
Williams answered the elevator car will be built offsite and was delayed so that project is being carried over
into 2020. Another $100,000 will be carried over and applied to the project list in 2020. Councilmember
Johnson referred to Fund 112 traffic calming, pointing out she did not see any funds in 2020 and beyond.
Mr. English answered that had been funded by a previous decision package two years ago via a General
Fund transfer to Fund 112 which was changed to Fund 126.
Councilmember Johnson referred to the Annual Street Preservation program, commenting there was only
$400,000/year in 2020 and beyond. Mr. Williams said the net for street preservation in 2020 is $1.1M.
REET balances have been hit hard in 2019 and 2020. There was $1.25M in 2019 for street preservation but
that is reduced to $1.1M in 2020. Councilmember Johnson observed under the Public Works project, there
was only $404,070 and asked if there was another line item for overlays. Mr. English answered there was
$304,000 in Fund 125 and 126 in 2020 and $500,005 in the 112 Fund. Mr. Williams answered that would
pretty well wipe out the 112 Fund so it would be prudent not to spent it all.
Councilmember Johnson asked if all the REET funds in 2020 would be spent on parks. Mr. Williams
answered no, it is a heavy year for parks, but not all. Councilmember Johnson asked the split. Mr. English
estimated expenditures for parks from Fund 125 at $1.5M and $425,000 for Public Works. Councilmember
Johnson said it would be helpful to have a better understanding of how REET is divided between those
departments. Mr. Williams said staff could provide numbers for 2019 and 2020.
Councilmember Johnson recalled a long history related to allocation of REET funds. Many years ago it all
went to parks and anything over $750,000/year could be spent on roads. That was to the great detriment of
streets, the City did not have overlays or repairs, but over time it became more equitable. Cities are
mandated by RCW to provide fire, police, and utilities including streets; parks are optional so decisions
regarding parks need to be a conscious decision. When she looks at the CIP, she sees that is out of balance.
The City is spending a tremendous amount for Civic including General Fund, bonds and grants and she
reminded the Council to be very conscious of that decision.
Mayor Earling requested Councilmembers get any additional questions to staff by tomorrow, observing
outstanding issues include the marsh and the 4t" Avenue Corridor. He was hopeful all questions could be
answered next week and the plans approved at that meeting.
Edmonds City Council Approved Minutes
November 26, 2019
Page 13
Councilmember Buckshnis offered to draft the agenda memo with her amendments. Mr. Williams said staff
will review her email and contact her with any questions. Councilmember Buckshnis reiterated she was just
adding placeholders for park funds. Mr. Williams said the governor's budget and priorities are well known
to staff and will obviously be part of anything that is done related to the marsh. He reiterated the marsh is
a city project with a lot of funding sources. Administratively if a line item is included in the REET funds
with the cost to be determined, he asked if she wanted a concomitant change in the stormwater budget.
Councilmember Buckshnis answered no, she was leaving that as is. She was including the project in parks
for the next administration.
Council President Fraley-Monillas commented it did not sound like Councilmember Buckshnis'
amendment would change the cost or intent. She suggested incorporating Councilmember Buckshnis'
changes so the CFP/CIP did not have to be presented to the Council again next week. Mr. Williams said
Mr. English, Ms. Burley and he will confer and bring it back.
Mayor Earling declared a brief recess.
4. RENEWAL OF CITY ATTORNEY CONTRACT
Councilmember Mesaros said the information in the packet is same as last week so he had no additional
presentation. In response to comments made earlier by Mr. Tupper, Councilmember Mesaros referred to
the November 4"' meeting minutes that reflect Mr. Taraday presented a contract and following discussion,
the Council directed Councilmember Teitzel and he to meet with Mr. Taraday, review the Council
comments and Mr. Taraday developed a different contract proposal. He clarified Councilmember Teitzel
and he were not negotiating a contract with Mr. Taraday, just commenting on it.
Mr. Taraday said the contract in the packet tonight is not the original contract; he proposed revisions based
on Council feedback. Also in response to Mr. Tupper's recommendation that the Council review, comment
and vote on the contract, Councilmember Mesaros said that was exactly what the Council was doing tonight.
Council President Fraley-Monillas reviewed a timeline of how, what, when, where and why:
• July 2 — Councilmember Mesaros distributed a memo outlining the attorney evaluation process
with a goal of a September completion so the Council could make a decision in October. Council
gave Councilmember Mesaros and Teitzel the green light to proceed with their staff evaluation
survey questions
August — Councilmembers Mesaros and Teitzel updated Council on the 2 -part survey and notified
Council they were getting costs for in-house and contracted attorneys
September — first evaluation results shared with Council
October 15 — draft questionnaire approved
Council President Fraley-Monillas said he found no evidence regarding direction given to Councilmembers
Teitzel and Mesaros regarding their role in the process
Councilmember Teitzel explained there are two part to this issue, 1) whether the City is getting good quality
legal advice via the Lighthouse arrangement which the in-house satisfaction survey summarized in the
packet shows in general there is satisfaction with Lighthouse, and 2) is the City getting good value. Mr.
James has provided billed hour information from Lighthouse vouchers for 2016, 2017 and 2018; the average
hourly cost is $165. Having worked with a lot of attorneys over the past several years, Councilmember
Teitzel said he has paid more than that so finds it a fair value. Based on Council approval in October,
Councilmember Mesaros and he are surveying 10 other cities regarding their cost for city attorney services,
a major effort for those cities to gather that data.
Edmonds City Council Approved Minutes
November 26, 2019
Page 14
Councilmember Buckshnis commented her interest was piqued by Mr. Tupper's comments. She reviewed
the minutes which reflect a long deliberation about the contract and a statement by Councilmember Mesaros
that Council review the data provided by the Council President and he will work with her on future agenda
items to bring this matter to a close as soon as possible in a manner that will provide some certainty about
the upcoming 12 months as well as be fair to the Lighthouse Group. The minutes reflect that
Councilmember Mesaros suggested that Councilmember Teitzel, he and Mr. Taraday consider the
comments made tonight and possibly make revisions to the contract. Councilmember Teitzel said the
contract would be expiring so they would bring it back as soon as possible.
Council President Fraley-Monillas said she did not have much input into the process. Another thing that
hasn't been looked at are comps for in-house attorneys which would be equivalent to a flat fee. Her
preliminary research found the amount paid to Lighthouse would fund at least two full-time attorneys,
perhaps more, and an assistant attorney. In-house attorneys also work as many hours as needed. She was
not suggesting one way or another but was uncertain that appropriate due diligence had been done to grant
a three year contract. She said HR has a role and HR has not weighed in on the contracts. She could
understand a one year contract, but with a three year contract, the City would be paying an hourly rate if it
get bids from other companies. She commented it was appropriate to see what's out there when the City
has contracted with someone for eight years. She acknowledged the evaluation was fine, but was unsure
the Council had done its due diligence so she would not support a three year contract as she did not feel it
was in the City's best interest.
Councilmember Teitzel said the concern with an in-house attorney for Edmonds was the only way to get
estimates of the costs would be an RFQ which takes time and clearly there is not enough time between now
and the end of the year. The future Council has the ability to do whatever they want in that regard.
Lighthouse's contract expires at the end of 2019; it is incumbent on this Council to use the information
available to make a decision.
Councilmember Buckshnis cautioned that making a decision regarding in-house counsel will take much
longer than a year. Like a city manager, there are distinctive differences related to in-house counsel in that
they report to the mayor; the City will have a new mayor and four new councilmembers. She was very
concerned about providing stability and history with regard to current citizens, litigation, unions, etc. and
felt it would be risky not to continue with the current city attorney for at least 1-2 years. She recalled doing
an extensive review of the city attorney in 2014.
Councilmember Nelson expressed appreciation for the work Councilmembers Mesaros and Teitzel have
done to get the Council to this point. The Council gave them direction and they have done the best they
could with the time they had. He also appreciated the work that Lighthouse and Mr. Taraday have done for
the City to date. It is important for the Council to acknowledge its fiduciary duty to be good stewards of
public funds; moving forward with a three-year contract without a competitive process is a breach of that
duty. The Council should not take at face value that the City is "getting a good deal" because Lighthouse
Law Group says so.
Councilmember Nelson explained it is the Council's duty to review any contract up for to renewal and do
their due diligence. The proposed contract will potentially saddle the future Council for up to three years,
potentially cost hundreds of thousands of dollars and potentially set that Council up to fail. He agreed with
completing the process and was satisfied with an interim short-term contract while that is completed next
year. With regard to stability, he questioned how this Council could assure what the next Council wanted,
whether they wanted stability or progress and reform. The Council should not presume or dictate what the
next Council wants, particularly when a majority of the existing Council will not be here next year. He
summarized it should be left up to the next Council to determine the long term direction of the city attorney.
Edmonds City Council Approved Minutes
November 26, 2019
Page 15
Councilmember Mesaros relayed in the study Councilmember Teitzel and he are conducting, preliminary
data from two of the five cities with in-house attorneys, the cost is nearly $1M/year. Data from the other
three cities has not been provided yet. In comparison, the numbers provided by Lighthouse are favorable.
He reminded that the contract with Lighthouse is a 60 day contract, basically renewable every day. As the
data is provided and reviewed, the new Council could put Lighthouse on notice in the new year, their rates
will convert to billable time and the cost to the City will be minimal. He summarized the City would not be
locked in for three years; the new Council can make any decision they wish.
COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO
APPROVE THE CONTRACT PRESENTED IN THE PACKET BY THE LIGHTHOUSE LAW
GROUP.
Council President Fraley-Monillas said will not support the motion for the reasons she stated. She has
obtained costs for contracting city attorneys in comparator cities; the $1 M amount includes the prosecutor
and defense in most cases.
Councilmember Mesaros said the two examples he shared do not include prosecution services. Council
President Fraley-Monillas asked if the cities were comparables. Councilmember Mesaros said the Council
agreed to the 10 cities; 5 with in-house attorneys and 5 with contracted city attorney services. Council
President Fraley-Monillas said she was anxious to learn what two cities those were.
Councilmember Buckshnis thanked Mr. Taraday and Lighthouse for their services over the last 9 years,
commenting this process is marginalizing their hard work. She pointed out although she won the election,
42% of the population did not vote for her. In the evaluation of Lighthouse, less than 20% of evaluations
were not positive. Three citizens have complained but more than 20 have indicated the need for stability
for directors, staff, councilmembers and the new mayor. She agreed the contract has a 60 day clause.
Lighthouse has been involved in a great deal of litigation for the City and now some Councilmembers want
to try something new due to a new Council. She compared it to moving into a new house, you don't remodel
everything. For the benefit of staff, directors and council, she will support the contract.
Councilmember Johnson expressed support for the motion in a large part due to her experience with
Lighthouse and Mr. Taraday in particular. When she was Council President, she found him to be very
accessible and provided helpful advice. She did not see any reason to make a change at this time.
Councilmember Tibbott expressed support for the contract. He found it very useful to have multiple
attorneys available for different topics which provides expertise at a variety of levels and flexibility when
the need arises which he was sure would continue in the future. Everything he has heard in the past year
recommends continuing with Lighthouse; the processes have been streamlined, systems and processes are
in place, and good communications that will continue into the future. He concluded a three year contract
did not seem unreasonable.
UPON ROLL CALL, MOTION CARRIED (5-2) COUNCILMEMBERS JOHNSON, BUCKSHNIS,
MESAROS, TEITZEL AND TIBBOTT VOTING YES; AND COUNCILMEMBER NELSON AND
COUNCIL PRESIDENT FRALEY-MONILLAS VOTING NO.
10. UNFINISHED BUSINESS
2020 BUDGET REVIEW
Mayor Earling relayed Council President Fraley-Monillas and he agreed to have Councilmembers ask
questions and for the submitter of amendments to introduce them. No voting will occur tonight to allow
Councilmembers time to consider the ramifications of the amendments.
Edmonds City Council Approved Minutes
November 26, 2019
Page 16
Finance Director Scott James presented the 2020 budget amendments, advising 21 amendments have been
proposed by Council to date which add $1,371,744 to the budget. There are 7 staff amendments that add
$560,992 into the budget for a total of $1,932,736 added back to the 2020 budget.
STAFF PROPOSED AMENDMENTS
COUNCIL PROPOSED AMENDMENTS
Item #
Page #
New
Item
Description
Cash
Increase
(Decrease)
Submitter
1
DP 42
Remove New Half-time Human Services Coordinator
$63,814
Teitzel &
Johnson
Doherty
DP #3
Change City Attorney Increase from 4% to 3%
$5,745
Johnson
3
DP #10
Move Health District contribution to Opioid Response
Fund
$0
Teitzel
4
DP #13
Remove Contribution to Edmonds Center for the Arts
$75,000
Johnson
5
DP #29
Remove Purchase of new Staff Vehicle for Police Dept.
$35,000
Johnson
6
DP #30
Remove Federal Lobbyist
$72,000
Johnson,
Buckshnis
7
DP #33
Remove Community Survey
$25,000
Johnson
8
DP #37
Remove Downtown Wayfaring Signs
$25,000
Johnson
9
DP #40
Remove Professional Services for Code Updates
$25,000
Tibbott
10
DP #42
Remove/Change Construction Review Consultant
$60,000
Tibbott
11
DP #51
Remove Public Art at the Library
$62,000
Johnson
12
DP #52
Reduce expenses so that expenses = revenue for this DP
$400
Johnson
13
Page
Add $7,500 for Students Saving Salmon, total $12,500
($7,500)
Buckshnis
14
DP #80
Remove Willow Creek Da li htin Design
$750,000
Teitzel
15
DP #80
Reduce DP from $750,000 to $450,000
$300,000
Buckshnis
16
DP #81
Remove Marsh Restoration Consultant
$25,000
Buckshnis
17
DP #81
Move Marsh Restoration Consultant from Storm to Parks
$0
Buckshnis
18
New
Add Full-time Arborist, truck & equipment
($79,715)
Buckshnis
19
New
Add Non -represented Employee Salary Stud
($40,000)
Mesaros
20
New
Add contribution support for Edmonds Chamber
($10,000)
Mesaros
21
New
Add budget for consultant to review uses of all City rental
space
($15,000)
Johnson
Total of Councilmember Requested Changes
$1,371,744
STAFF PROPOSED AMENDMENTS
Item
#
Page #
DP#
New
Item
Description
Cash
Increase
(Decrease)
Submitter
1
DP #2
Correct Half-time Human Services Coordinator Costs
$21,636
Doherty
2
DP #35
Adjust Purchase of Trolley & Operation of Service
$5,000.
Doherty
3
DP #86
Remove DP for Stormwater Comprehensive Plan
$152,500
Williams
4
DP #92
Reduce request from $635,000 to $135,000
$500,000
Williams
5
Pa e #57
Add $2,500 for Students Saving Salmon, total $5000
($2,500)
James
6
New
Add PUD Green Power Program
($30,000)
Hope
7
Page #57
4% increase for Public Defender for l st half of 2020
($75,644)
Hodson
Total of Staff Requested Changes
$560,992
Mr. James introduced the proposed Councilmember amendments individually:
Edmonds City Council Approved Minutes
November 26, 2019
Page 17
1. DP 92: Remove New Half-time Human Services Coordinator - $63,814
Councilmember Teitzel said he thought it was premature to hire a human services coordinator. He referred
to the Koenig Report on Homelessness that included a recommendation to focus more str6ngly on devoting
resources to the issue. With regard to the local vulnerable population, Koenig also recommended
collaborating with neighboring cities due to the regional nature of the issue. He recalled Council President
Fraley-Monillas mentioning in August that Snohomish County Councilmember Stephanie Wright was
planning a meeting of South Snohomish County cities to discuss working together and potentially
contributing resources toward the problem. That meeting did not happen but is still being planned. He
preferred to discuss what could be done collectively rather than addressing the issue from a silo perspective.
Ultimately a person may need to be added in Edmonds, but the City should first wait to see what can be
done collaboratively. The Council's Legislative Assistant Maureen Judge has developed a resource guide
for seniors and income -challenged residents that is available on the City's website. The budget includes the
addition of a community engagement manager whose role should include communicating to citizens
available options to address their issues. He concluded with that in mind, it was premature to fund this in
the 2020 budget until more is known about what can be done collaboratively.
Councilmember Johnson said after several discussions with Council President Fraley-Monillas, she
understands why she wants this position and feels it is a good idea in the future but does not think the City
is quite there yet. For that reason she supports removing the position from the budget at this time. It could
be added as a mid -year adjustment once more is known about grants that could fund position and what
resources are available. She suggested expanding the resource guide and make it available to all City staff
to use when they encounter someone that needs assistance.
Mayor Earling cautioned the intent was to introduce the amendments, but not have a lengthy discussion.
Council President Fraley-Monillas commented this has nothing to do with homelessness, this is not a
homelessness coordinator, it is not a position that finds people homes. The human services coordinator will
design and coordinate human services with other city officials and across jurisdictions. They will prepare,
write and administer grants to help pay for programs including potentially paying for themselves. They will
manage all aspects of the human services contracts from the grants. They will research best practices in
other cities and provide links to Edmonds residents through various sites. This position is intended to assist
seniors, disabled, single parents with children and veterans, keeping people in their homes and preventing
them from becoming homeless. The Koenig report states people become homeless due to making decisions
between paying for food, medicine, and electricity. Edmonds unfortunately has a large group of people who
fall into that category. Her research found:
Shoreline has one dedicated full-time staff member and spends $716,000/year on services
• Issaquah has one dedicated staff and awards $495,000/year to service providers such as Hopelink
and Eastside Friends of Seniors
■ Sammamish has one dedicated staff person and awards $250,000 every two years in grants to
service providers
• Burien has one dedicated staff person and spends $370,000/year
• Lynnwood has no staff, the Human Services Commission spends $100,000/year on human services
• Bothell has no staff but awards $350,000/year to human service providers such as Hopelink and
Eastside Baby Corner
Council President Fraley-Monillas explained the thought behind this position is not to address
homelessness; if it were that easy, certainly Seattle would have fixed it with the amount of money they
devote to the issue. This is related to keeping people in their homes and providing safe, nurturing
environments for residents of Edmonds. Economic Development/Community Services Director Patrick
Doherty agreed a lot of cities have human services coordinators and typically couple it with a budget for
grants. He pointed out a city did not have to use their own budget to provide funds, and can apply for grants
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November 26, 2019
Page 18
and to foundations. While there is a great deal of information available that a person can access if they
know how, a human services coordinator would be a central person at the City.
Council President Fraley-Monillas pointed out there is currently no one in City that does this and Edmonds
is the only city of its size that does not provide that assistance. For example, a senior whose roof is caving
in and cannot afford to fix it and is about to live in their car. This would give them someone to call to assist
them with finding funding for emergency repairs. It is also related to veterans whose income is not
increasing but the cost of their housing is increasing, making them decide between paying for medicine or
food. The position could write grants for the food bank. She concluded this is a very broad subject, but it
isn't about homelessness.
Mayor Earling clarified the intent was to have the submitter introduce the amendment and limited retort but
not widen the discussion to include staff or to debate the amendment.
Councilmember Tibbott appreciated the list of cities Council President Fraley-Monillas cited, noting the
only one that benefits from Verdant is Lynnwood which is a tremendous resource that needs to be
considered.
2. DP 43: Change Chy Attorney Increase from 4% to 3% - $5,745
Councilmember Johnson said this is a moot subject since the Council just adopted the City Attorney
contract.
3. DP #10: Move Health District Contribution to Opioid Response Fund - $0
Councilmember Teitzel explained approximately $50,000 remains in the Opioid Response Fund and one
of Snohomish Health District's priorities is the opioid crisis. The funds have been in the Opioid Response
Fund for two years without any clear purpose identified; he recommended allocating the remaining $50,000
to underwrite the $1/capita donation to Snohomish Health District in 2020.
Councilmember Johnson referred to an email from Assistant Police Chief Jim Lawless that stated the drug
used in opioid overdoes, naloxone, will not be funded by the Snohomish Health District and he anticipated
the officers' supply of naloxone would expire in February. She said it would be prudent to provide funds
to purchase naloxone for the Edmonds Police Department and coordination with the Health District. She
recommended the request to move $50,000 be modified to retain some of the funds to cover that expense.
Mayor Earling explained if Edmonds contributes $1/capita to the Health District, they have agreed to take
over that program, supplying the Police Department with naloxone as well as overseeing the administration.
4. DP #13: Remove Contribution to Edmonds Center for the Arts - $75,000
Councilmember Johnson said until the ECA has paid the City back the $1.5M loan, she did not support
contributing annual operating funds. She preferred to focus any extra funding on the 4"' Avenue Arts
Corridor which would indirectly benefit the ECA.
Councilmember Mesaros said the ECA not only enriches the cultural life in Edmonds but it is also an
economic engine. The $75,000 investment provides much more in return. Due to refinancing of their long
term debt, the EPFD plans to make significant payments to the City on a regular basis and anticipate
repaying the City by 2024-2026. He concluded the City gets a high degree of return from the $75,000
contribution.
5. DP 42: Remove Purchase of new Staff Vehicle for Police Dept. - $35,000
Councilmember Johnson recalled last year's budget included the purchase of a new vehicle for the Scriber
Lake SRO, a position and vehicle that were later not funded. She suggested carrying forward the funds for
that vehicle to provide a new staff vehicle for the Police Department. If those funds are not available, she
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November 26, 2019
Page 19
in
suggested the best of the patrol vehicles that are being retired be retained as a staff vehicle. Mr. James said
that is the intent of this decision package. The SRO was not implemented due to a decision by the School
District. This decision package will carry forward the funds budgeted for the SRO vehicle to the new crime
prevention officer.
6. DP #3: Remove Federal Lobbyist - $72.000
Councilmember Buckshnis did not support having a placeholder in the budget for a federal lobbyist,
preferring that the new mayor make that decision and funding it via a budget amendment if necessary. She
suggested the new mayor go to Washington DC several times and decide what he wants. Mr. Doherty
agreed the intent was a placeholder to provide an opportunity for the mayor to seek federal lobbyist services
and allow for a smooth transition for lobbyist services in Washington DC regardless of whether it is the
current lobbyist or a different one.
7. DP #33: Remove Community Survey - $25,000
Councilmember Johnson observed the census would be done next year. Although the community survey
was valuable, she suggested doing it every 10 years, in the 5th year after the census so information would
be available every 5 years. Mr. Doherty said the community survey done 3-4 years ago was a qualitative
survey with questions asking opinions about public services, parks, public safety, utilities, engagement,
discrimination, diversity, etc. in an effort to understand the community better. He acknowledged concern
during the past year about more public engagement and more understanding of what the public wants. The
census does not ask any of those types of questions, the census questions are very factual, quantitative such
as age, income, demographics, etc. It is also important to do the community survey every 4-5 years to ensure
the baseline year is still relevant with the same demographic profile. Waiting 10 years, some of the
demographics will change.
8. DP #37: Remove Downtown Wayfaring Signs - MAO
Councilmember Johnson said there are funds in LTAC recommendation for wayfaring signage, possibly
$15,000. If the LTAC is funding the signs, these funds could be used for the 4th Avenue Corridor.
9. DP #40: Remove Professional Services for Code Updates - $25,000
Councilmember Tibbott said he also submitted an amendment to increase the funding to $50,000. His intent
was to understand whether $25,000 was enough to get something meaningful done and what would be the
priority. It may be better to eliminate the funding and wait until the City is ready to prioritize the code
amendments or fund it at a greater level in the coming year. Development Services Director Shane Hope
explained the original proposal was $25,000; there has been discussion about doubling that amount for a
consultant or staffing at half-time person at approximately $72,000/year or a fulltime person at
approximately $140,000/year. She summarized it depends on how much the Council wants to get done. She
believed the $25,000 plus carryforward from 2019 could fund some consultant help but staff needs to do a
lot of the work. She offered to email the Council the to-do list.
10. DP #42: Remove/Change Construction Review Consultant - $60.004
Councilmember Tibbott explained this amendment was not to remove the consultant; it was his
understanding the fees are paid through permitting process so it is essentially budget neutral. As this is a
professional services contract versus a consultant contract, he suggested renaming the decision package
from consultant to professional services contract.
11. DP #51: Remove Pub] is Art at the Library- $62,,004
Councilmember Johnson said she was seeking opportunities to fund the 4" Avenue Arts Corridor. There
has been discussion regarding public art at library for years, but that project has been stymied. Ms. Burley
said $35,000 of the $62,000 is restricted to public art at the library; the $62,000 is a carryover from a
previous year.
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4 �-�
12. DP #52 Reduce expenses so that expenses = revenue for this DP - $400
Councilmember Johnson had no comment.
13. Page 457: Add $7,500 for Students Saving Salmon, total $12,500 - ($7.500)
Councilmember Buckshnis said the preliminary budget only includes $2,500 as that is the minimum funding
needed. The cost to do water quality testing at Perrinville Creek, Lund's Gulch and Edmonds Marsh is a
total of $12,500. This has been funded from the Council Contingency Fund in the past. Mr. James advised
there is a staff amendment to add $2,500 to bring the total funding to $5,000; Councilmember Buckshnis'
amendment brings the total to $12,500.
Council President Fraley-Monillas asked if there was a description of how the funds would be used.
Councilmember Buckshnis said the $12,500 is for quarterly water quality testing.
14. OP #80:. Remove Willow Creek Daylighting Desi_ $750,000
Councilmember Teitzel said he submitted this amendment before the City received a $450,000 federal grant
for marsh restoration. As funds are now needed to match that grant, the amendment is no longer relevant.
He withdrew the amendment and deferred to Councilmember Buckshnis' amendment below.
15. DP #80: Reduce DP from $750.000 to $450.000 - $300.000
16. DP #81: Remove Marsh Restoration Consultant - $25,000
Councilmember Buckshnis said she wanted to move this back to where it has been for the past several
years. The Council needs to decide what to do since the City does not control the land.
17. DP #81: Move Marsh Restoration Consultant from Storm to Parks - 0
Councilmember Buckshnis said the consultant's background is Parks and the funding has been in Parks for
a number of years.
18. New: Add Full-time Arborist, Truck & Eguipment - 79 7I J5
Councilmember Buckshnis relayed her understanding that 10% would be added to the arborist employee's
current time to increase it to 20%. This is the third year she has requested funding for a full-time arborist.
The City has plenty of tree problems and someone needs to begin working on code changes related to the
Urban Forestry Management Plan.
Council President Fraley-Monillas said her research found the arborist employee currently works 10
hours/week so 25% of her work week is dedicated to arborist duties.
19. New: Add Non -Represented Employee Salary Study - ($40,000)
Councilmember Mesaros recalled presentations by the former Human Resources Director regarding Non -
Represented (NR) employee salaries and her recommendation that NR employees receive a 3% increase in
addition to other increases. There were comments made at that time regarding an external study. He has
discussed this with the Human Resources Director who feels there are things that could be accomplished
for less than $40,000 and he reserved the right to amend the amount, likely reducing it.
20. New: Add contribution support for Edmonds Chamber - ($10,000
Councilmember Mesaros said as he became more active in the downtown core, it became apparent that the
Chamber of Commerce invests a lot in the City's future and investing this amount in the Chamber will
return a lot to the City. In view of the number of events sponsored by the Chamber that attract people to
downtown, they are a tremendous asset and this contribution would be an affirmation of their work to
promote the City.
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November 26, 2019
Page 21
COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
MESAROS, TO EXTEND THE MEETING FOR 20 MINUTES. MOTION CARRIED
UNANIMOUSLY.
21. New: Add budget for Consultant to Review Uses of All City Rental Space - ($15,000)
Councilmember Johnson said this is not for just City rental space but all park buildings and facilities. The
Boys & Girls Club lease is up next year and there are other buildings such as Frances Anderson Center, the
new Waterfront Center, the Dayton Street complex, Meadowdale Clubhouse and the fieldhouse. It would
be very helpful to the new Parks Director as well as people who rent those facilities to assess their needs to
ensure the right space for the right tenants and to look at holistic needs.
Mr. James introduced and described the proposed Staff Amendments:
1. DP #2: Correct Half-time Human Services Coordinator Costs - $21.636
Mr. James explained the benefits for the human services coordinator were double counted in the preliminary
budget.
2. DP #35: Adjust Purchase of Trolley & Operation of Service - (55,000)
Mr. James explained this amendment corrects the amount to reflect actual funding commitments. There
may be other partnership opportunities.
3. DP #86: Remove DP for Stormwater Comprehensive Plan - $152.500
Mr. James relayed Mr. Williams' proposal to delay the Stormwater Comprehensive Plan until 2021.
4. DP #92: Reduce request from $635,000 to $135,000_- $500,000
Mr. Williams explained there is new technology to get information about the condition of the inside of the
sewer pipe without fully dewatering, bypass, etc. If it works as advertised, it will result in this savings.
5. Page #57: Add $2,500 -for Students Savin Salmon total $5,000 - ($2,5
See Item 13 above.
6. New: Add PUD Green Power Program - ($30,000
Mr. James explained the 2019 budget includes $12,500 to help implement Resolution 1389 regarding
renewable energy. Staff recently learned PUD plans to offer the program again om 2020 at a cost of $30,000
in 2020.
7. Page #57: 4% increase for Public Defender for 1 st half of 2020 - [$75,644]
Mr. James explained the Public Defender contract expires at the end of 2019. As contract negotiations likely
will not be concluded by the time the 2020 budget is adopted, this amendment will provide flexibility to
add a 4% increase for the first six months. The Council will finalize the Public Defender contract in 2020.
Councilmember Buckshnis said she had submitted some additional amendments. Mr. James said they will
be in the packet for next week's meeting. As information for the packet is due tomorrow, he requested
Councilmembers submit any additional amendments by tomorrow morning.
Mayor Earling relayed the intent is to make motions and vote on the amendments at next week's meeting.
11. REPORTS ON OUTSIDE BOARDS AND COMMITTEE MEETINGS
1. MONTHLY COUNCIL SUBCOMMIT'f'[J: REPORTS AND MINUTES
Due to late hour, this item was postponed.
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November 26, 2019
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12. MAYOR'S COMMENTS
Mayor Earling reminded of the tree lighting ceremony on Saturday. He wished everyone a Happy
Thanksgiving, commenting it was a time to celebrate, reflect, and value what we have as Americans.
Mayor Earling he referred to predictions for an upcoming cold spell and urged citizens to take precautions
as temperatures will be in the 20s at night for the next several days.
13. COUNCIL COMMENTS
Councilmember Mesaros wished everyone a Happy Thanksgiving.
Councilmember Johnson expressed her thankfulness to her friends and colleagues on the Council for their
support during this difficult year. She especially thanked Council President Fraley-Monillas,
Councilmember Teitzel and Councilmember Buckshnis.
Councilmember Nelson wished everyone a Happy Thanksgiving.
Council President Fraley-Monillas wished everyone a Happy Thanksgiving. She was hopeful not too many
homeless would be out in the cold. Lynnwood plans to open their cold weather shelter in early December.
Councilmember Tibbott wished everyone a Happy Thanksgiving. He looked forward to having his family
to his house, a wonderful time to draw together as a family.
Councilmember Buckshnis wished everyone a Happy Thanksgiving. She pointed out holidays sometimes
are a time of depression; she has had family members commit suicide during the holidays. She commented
on the availability of an online chat at SuicidePreventionLifeline.org.
14. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION
PER RCW 42.30.110(1)(i)
This item was not needed.
15. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN
EXECUTIVE SESSION
This item was not needed.
16. ADJOURN
With no further business, the Council meeting was adjourned at 10:11 p.m.
DAB '& EARLIN , MAYOR PAS Y, &Y R
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November 26, 2019
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