03/20/2012 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
II. 1
The Edmonds City Council meeting was called to order at 6:00 p.m. by Mayor Earling in the Council
Chambers, 250 5`" Avenue North, Edmonds.
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor
Strom Peterson, Council President
Frank Yamamoto, Councilmember
Joan Bloom, Councilmember
Adrienne Fraley- Monillas, Councilmember
Diane Buckshnis, Councilmember
ELECTED OFFICIALS ABSENT
Michael Plunkett, Councilmember*
*Participated via phone for Agenda Items I & I I
Lora Petso, Councilmember*
*Participated via phone for Agenda Item I
ALSO PRESENT
Alex Springer, Student Representative
STAFF PRESENT
Stephen Clifton, Community Services/Economic
Development Director
Phil Williams, Public Works Director
Shawn Hunstock, Finance Director
Carrie Hite, Parks & Recreation Director
Doug Fair, Municipal Court Judge
Joan Ferebee, Court Administrator
Carl Nelson, CIO
Frances Chapin, Cultural Services Manager
Rob English, City Engineer
Jeff Taraday, City Attorney
Sandy Chase, City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
1. CONVENE IN EXECUTIVE SESSION REGARDING A REAL ESTATE MATTER PER RCW
42.30.1100)(b), AND POTENTIAL LITIGATION PER RCW 42.30.110(1)(i).
At 6:00 p.m., Mayor Earling announced that the City Council would meet in executive session regarding
a real estate matter per RCW 42.30.110(1)(b), and potential litigation per RCW 42.30.110(1)(i). He stated
that the executive session was scheduled to last approximately 30 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 Yamamoto, Fraley- Monillas, Buckshnis, Peterson, and Bloom. Councilmembers
Plunkett and Petso participated via telephone for a portion of the executive session. Others present were
City Attorney Jeff Taraday, Public Works Director Phil Williams, Finance Director Shawn Hunstock,
Parks and Recreation Director Carrie Hite, Community Services/Economic Development Director
Stephen Clifton, and City Clerk Sandy Chase. At 6:35 p.m. Ms. Chase announced in Council Chambers
that 5 additional minutes was required in executive session. The executive session concluded at 6:45 p.m.
2. MEET WITH FOUR CANDIDATES FOR APPOINTMENT TO THE FOLLOWING
BOARD /COMMISSIONS: ARCHITECTURAL DESIGN BOARD (1), ARTS COMMISSION (1),
AND SISTER CITY COMMISSION (2)
At 6:45 p.m., the City Council met with candidates for appointment to the Arts Commission and Sister
City Commission (Beverly Shaw- Starkovich, Marlene Friend and Kay Vreeland). The meeting took place
in the Jury Meeting Room. Elected officials present were: Mayor Earling, and Councilmembers
Edmonds City Council Approved Minutes
March 20, 2012
Page I
Yamamoto, Fraley - Monillas, Buckshnis, Peterson and Bloom. Parks & Recreation Director Carrie Hite
was present as well as Cultural Services Manager Frances Chapin. Members of the public also attended.
Mayor Earling reconvened the regular City Council meeting at 7:00 p.m. and led the flag salute.
3. APPROVAL OF AGENDA
Council President Peterson asked to pull and amend Agenda Item 5, Confirmation of Appointments to the
Architectural Design Board, Arts Commission and Sister City Commission. Due to questions regarding
the Architectural Design Board (ADB) process and appointment, he requested the ADB appointment be
removed from Agenda Item 5 and rescheduled on a future agenda.
Councilmember Fraley - Monillas asked to remove Agenda Item 13, Proposed Ordinance Amending the
Provisions of ECDC 18.000.050 for Apprenticeship Participation on City Construction Contracts, and
reschedule it on April 3. She explained this item was discussed by the Parks, Planning and Public Works
Committee. Councilmember Petso is out of town and she needs to confirm the committee's
recommendation regarding that item.
COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED
UNANIMOUSLY.
4. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT
PETERSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY.
The agenda items approved are as follows:
A. ROLL CALL
B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 13, 2012.
C. APPROVAL OF CLAIM CHECKS #130945 THROUGH #131106 DATED MARCH 15,
2012 FOR $720,444.13.
D. APPROVAL OF LIST OF BUSINESSES APPLYING FOR RENEWAL OF THEIR
LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD,
FEBRUARY 2012.
E. APPROVAL OF 2012 TAXICAB OPERATOR'S LICENSE FOR NORTH END TAXI.
F. AUTHORIZATION TO APPROVE AN EASEMENT FOR STORM PIPE AND A CATCH
BASIN AT 220 7TH AVE N.
G. AUTHORIZATION TO PURCHASE LIGHT POLES AND ELECTRICAL
COMPONENTS FOR THE SR 99 INTERNATIONAL DISTRICT ENHANCEMENTS
PROJECT THROUGH US COMMUNITIES INTERLOCAL COOPERATIVE
PURCHASING AGREEMENT.
H. AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES
AGREEMENT WITH HERRERA CONSULTANTS TO PROVIDE CONSULTING
SERVICES FOR THE PERRINVILLE CREEK CULVERT REPLACEMENT AT
TALBOT ROAD.
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I. AUTHORIZATION FOR MAYOR TO APPROVE A RELEASE OF EASEMENT AT 633
2ND AVENUE NORTH.
J. AUTHORIZATION TO APPROVE UTILITY EASEMENT FOR THE SEWER LIFT
STATION REHABILITATION PROJECT.
K. TRAFFIC IMPACT FEE ANNUAL REPORT.
L. REFERRAL TO PLANNING BOARD OF PROPOSED CODE AMENDMENT TO
PROVIDE EXPANDED NOTICE REQUIREMENTS FOR STREET VACATIONS.
M. PARK IMPACT FEE STUDY PROCESS.
N. FIBER OPTIC SERVICE AGREEMENT FOR INTERNET SERVICE.
O. LEASE AGREEMENT FOR ACCESS TO FIBER FROM 110 JAMES ST.
5. CONFIRMATION OF APPOINTMENTS TO ARTS COMMISSION (1), AND SISTER CITY
COMMISSION (2).
COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO CONFIRM THE APPOINTMENT OF BEVERLY SHAW- STARKOVICH TO
THE ARTS COMMISSION AND MARLENE FRIEND AND KAY VREELAND TO THE SISTER
CITY COMMISSION. MOTION CARRIED UNANIMOUSLY.
Council President Peterson thanked the citizens for volunteering to serve as well as those already serving
on the Commissions. They will bring exciting additional expertise to the Commissions, a reflection of the
talent pool in Edmonds and the willingness of citizens to volunteer.
Councilmember Buckshnis commented on the qualifications of Ms. Shaw - Starkovich, Ms. Friend and
Ms. Vreeland.
6. ANNUAL REPORT - SNOHOMISH COUNTY TOURISM BUREAU
Amy Spain, Executive Director, Snohomish County Tourism Bureau, commented on the importance
of tourism to economic development. Visitors to Washington State spent $16.4 billion in 2011;
accounting for nearly $1 billion in local /state tax revenues. Travel spending increased by 5% in
Washington state from 2010 to 2011. The Washington State Tourism Office closed July 2011, making
Washington the only state without a state tourism office. Washington Tourism Alliance (WTA) was
established by industry stakeholders with the sole mission of sustaining destination tourism marketing for
Washington State. The organization is governed and overseen by the tourism industry and is not a state
government organization. The organization is evaluating other state organizational structures and funding
models and plans are being developed for a three year program of work. The state's tourism website and
content is now managed by WTA. A state tourism summit will be held April 5 to bring together all
sectors of the tourism industry. She encouraged the City to advocate for tourism development because
tourism is economic development.
Ms. Spain provided several statistics regarding tourism:
• The economic impact of tourism in Snohomish County includes 8,980 jobs, $190.8 million
payroll, $13.4 million in local taxes and $47.9 million in state taxes
• Visitor spending in Snohomish County was $880 million in 2011, up 8.6% from the previous year
• Visitors from outside of Washington (residents of other states or countries) generated $245 of tax
revenue for each Washington household. Resident travel within the state generated an additional
$145 of tax revenue per household.
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Recovery in the travel industry is being led by increased revenue (room rates) which saw a 6.8%
increase in Washington State over 2010 while room demand increased by just 3.3%
Snohomish County saw a 11.4% increase in revenue and a 6.6% increase in demand over 2010
Ms. Spain compared the 2011 Snohomish County Tourism Bureau's (SCTB) marketing budget and
economic impact to Whatcom, Pierce, Tri- Cities, Yakima, Spokane, Seattle and Vancouver WA,
summarizing SCTB is one of the least funded tourism organizations in the state.
Through the efforts of the lodging industry, SCTB and Snohomish County Sports Commission (SCSC),
the Tourism Promotion Area (TPA) was created. She noted that Mr. Clifton serves on the TPA Board.
Applications were submitted in December 2011 for funding. The TPA Board reviewed the applications
and funded 7 applicants for a total of $255,000. The SCSC was not funded; however, the TPA is
interested in supporting sports marketing and asked the SCTB to reapply specifically for the sports
market. SCTB recently learned they were funded to increase sports marking for Snohomish County.
Tourism related organizations are encouraged to apply directly to the TPA Fund managed by the
Snohomish County Office of Economic Development.
Ms. Spain also reported the following:
• Ads generated 15,123 requests for information, a slight increase from 2010. Additionally, there
were 11,152 visits to RoomsAtPar /StayShopAndSave websites as a result of advertising presence
• Ads placed in meeting and event planner, reunion and sports related publications generating over
500 requests for information, in additional to referrals from our meeting and packaged travel CD.
An additional 14,627 requests were received from leisure travelers (a slight increase).
• SCTB conducted 18 familiarization tours for group tour and international tour and travel planners
and domestic and international media in the communities of Arlington, Bothell, Edmonds,
Everett, Lynnwood, Marysville, Monroe, Mukilteo, Snohomish and Tulalip
• SCTB conducted 4 sales missions to Vancouver BC, Portland, Olympia and Colorado Springs,
resulting in 49 new leads for hotels and attractions in Snohomish County and distribution of 227
tourism guides
• SCTB participated in 16 trade shows generating 4,494 direct leads and distribution of 3,659
tourism guides in 2011
• SCTB assisted 43 local, state, regional and national groups with conference services, tour
itinerary planning and wedding assistance distributing 2,519 guides to attendees
• SCTB Visitor Information Centers (VIC) served 14,232 visitors. Visitor centers countywide
served 113,649 visitors in 2011.
• SCTB achieved $440,191 of free media coverage — up 13.5%
• 6,248 definite and 7,969 tentative group and convention room nights were booked in 2011
representing $23.4 million in economic impact, a 55% increase.
• Hotel occupancy levels were up 4.7% to 65.5 %; average daily rate (ADR) was up 4.5% leading to
an increase in RevPar (revenue per available room) of 9.4%
• Hotel motel tax collections were up 10.6%
• The sports market continues to be a significant segment, contributing $18.2 million in economic
impact
• Online ads, SEO and key word buys continues to grow in relation to our print ad presence.
Website visitation was up over 2010 by 28.9 %.
• SCTB distributed 50,000 copies of an official visitor guide and 55,000 seasonal calendars of
events
• SCTB developed four new cyber -tours in 201.1 in concert with local partners highlighting the
aviation attractions, Granite Falls, City of Snohomish and the Mountain Loop Highway. Recently
completed a cyber -tour regarding historic buildings in concert with Everett
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Ms. Spain commented on the publication of StoryLine, a bimonthly newsletter distributed to travel
writers, media sales missions, travel writers who visited Snohomish County in 2011; press releases and
media pitches that resulted in 58 articles regarding Snohomish County communities and attractions; and
expanded social media campaign with Facebook (five accounts specific to Snohomish County, sports,
weddings, meetings and convention market, and VIC), Twitter, blogs, and a Pinterest page. She provided
information regarding the VICs including the opening of a new center in Smokey Point, decrease in
visitors to VICs, 125 volunteers donated 11,786 hours to VICs which represents an in -kind contribution
of $254,813, 96 area businesses donated $68,811 worth of goods and services for SCTB and VIC
programs and 22 new volunteers joined the Bureau in 2011. Five familiarization tours were held in 2011
of attractions in Mukilteo, Lynnwood, Everett, Arlington /Snohomish and Tulalip.
SCTB also sponsored four countywide tourism related programs:
• Four Secrets of Marketing Success
• Lodging Tax 101 — Understanding the Hotel /Motel Tax
• Facebook For Business
• Washington State Tourism Alliance — The Future of State Tourism
• Mobile Technology Seminar
The SCTB continued a pro - active role in state and local issues affecting the tourism industry by serving
on several local, regional and statewide boards and committees.
Councilmember Buckshnis commented on the amount of information SCTB has available to smartphone
users. She suggested adding information regarding off -leash areas in Snohomish County. Ms. Spain
invited the Council to provide any additional suggestions in the future via Mr. Clifton.
Councilmember Bloom asked how SCTB is funded. Ms. Spain answered SCTB is funded via a portion of
Snohomish County lodging taxes. SCTB is not a membership organization; there is no charge to
individual businesses for SCTB's efforts.
Councilmember Bloom asked how SCTB allocates its time and funding to cities in Snohomish County.
Ms. Spain responded there are 19 cities in Snohomish County; SCTB supports them all as best they can
with their limited resources. They provide information on their website regarding cities, tourism entities,
lodging and anything else that is tourism related. SCTB works with the designated person in each city to
ensure the information they have about the city is accurate and portrays the city the way they want to be
portrayed.
7. ANNUAL REPORT - MUNICIPAL COURT
Municipal Court Judge Doug Fair welcomed new Councilmembers Bloom and Councilmember
Yamamoto and Mayor Earling. He also expressed his appreciation to Councilmember Plunkett for his
service to the City. He thanked Court Administrator Joan Ferebee Assistant Police Chief Gerry Gannon,
and Probation Officer Sherrie Conway for the data they provided for the annual report.
Judge Fair displayed a comparison of filings 2005 -2011, explaining 2011 was a record year for filings,
7,919 compared to approximately 7,700 the previous 3 years. He explained courts are reactive in nature;
their workload is driven by forces outside the court's control, legislation and filings in the Police
Department. He cautioned the Council that statutory changes that affect the court as well as Police
Department personnel decisions impact the municipal court and drive the number of filings up or down.
Judge Fair displayed and reviewed a comparison of case filings by year 2006 -2011. Filings in 2010 and
2011 were relatively stable in most categories; traffic infractions were up approximately 8% and parking
infractions were down 12 %. To those who may think the City is writing more traffic infractions to
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address its budget gap, Judge Fair explained if the police were interested in increasing revenue, they
would write more parking infractions because all that money is collected by the City and there is no split
with the state. He explained for any infraction written on the statewide code, the vast majority of moving
infractions, once a finding is made, the City owes the state approximately $75. In 2011 the police wrote
5,319 traffic citations. That amount divided by 365 days is approximately 15 traffic citations per day in
the entire City over a 24 -hour period or approximately one citation every 90 minutes. Adding the parking
infractions increases that number to approximately 17 /day. He summarized 17 infractions a day in a City
the size of Edmonds was not astronomical or outrageous.
Judge Fair displayed a comparison of gross revenues 2005 - 201.1.. Revenue for 2011 totaled $1,393,752,
up approximately 9.5% over 2010. He displayed net revenues by category which totals $857,606 in 2011,
a 7% increase over 2010. He displayed a comparison of expenses, summarizing the court ended 2011 with
$398,000 over their appropriation. Net revenue less net expenses results in a net positive of $98,000. He
cautioned the Council not to look at the court as a revenue - generator. The court's budget does not include
the public defender, jail or prosecutor. He summarized public safety is an expensive but necessary
endeavor for cities to undertake.
Judge Fair commented on the continuing downward trend in passport applications and revenue. The
availability of the enhanced driver's license as well as the economy has impacted the passport program.
Judge Fair reported the court continues to save substantial amounts via alternatives to jail such as
electronic home monitoring, alcohol sensor - monitoring bracelet and community service. He explained the
alcohol sensor - monitoring bracelet is typically a pre -trial release mechanism; it allows a person with an
alcohol problem to continue to be a contributing member of society until their trial date. A person found
to be in violation can be remanded back into custody. These three confinement alternatives saved the City
approximately $233,000 in 2011.
Judge Fair described the video in custody calendar. Previously the court had an in- custody calendar where
defendants were brought to the court weekly, a maximum of ten because that was the number the police
could reasonably, safely control. Video equipment was purchased for a video in- custody calendar. The
prosecutor, the clerk and he are in the court; the defendant and their attorney are at the jail where there is
also a video monitor. Hearings are held via remote video, eliminating safety issues and saving
approximately $28,000 /year in police overtime. The video equipment was purchased from the Trial Court
Improvement Account which is provided by the state because he is an elected part -time municipal court
judge. The current State House budget proposes to cut that fund. He urged Councilmembers to inform the
City's legislators how important the funds are for cities like Edmonds. He invited Councilmembers to
visit the court to see the video in- custody calendar on Monday afternoon or Thursday morning.
Judge Fair explained because few people now come to the court for video court, he has opted not to have
security. He is reconsidering adding security to video calendars and at the front door in light of the recent
shooting in Grays Harbor. That will be an additional expense. Lynnwood subcontracts with Edmonds on
the video courts and has agreed to pay half the cost of court security.
The Court Improvement Fund has a fair amount of reserve funds. The court is tentatively considering an
online payment system, a payment/information kiosk in the lobby and establishing a paperless file
system. Judge Fair summarized it is a privilege and pleasure to serve as the Edmonds Municipal Court
Judge.
Councilmember Fraley- Monillas asked whether eliminating the Trial Court Improvement Account is on
the City's legislative agenda. Judge Fair advised he has talked to several legislators. Councilmember
Fraley- Monillas encouraged him to speak with Mr. Clifton to ensure the City's lobbyist is aware. Mayor
Earling reported Mr. Doubleday is aware and has kept the City informed. Judge Fair commented the
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March 20, 2012
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Association of Washington Cities and the District Municipal Court Judges Association are also working
on this.
Councilmember Buckshnis asked Judge Fair's opinion about the recent Supreme Court decision to uphold
the use of red light cameras. Judge Fair answered he was not surprised because the legislature gave that
authority to the governing bodies in their enacting legislation. The dissenting opinion was that it was a
moot point because it has been resolved by the City Councils. In reality it was a good issue to resolve
because it has become a concern in many cities.
8. AUDIENCE COMMENTS
There were no members of the public who wished to provide comment.
9. FLOWER BASKET DONATION PROGRAM
Parks & Recreation Director Carrie Hite announced a new program, Adopt a Flower Basket. She thanked
Councilmember Buckshnis for her assistance with launching the program and credited Jack Bevan for the
idea.
Ms. Hite distributed an Adopt a Flower Basket brochure. The program allows community members to
donate $100 in support of each of the City's flower baskets. Each basket will have a name tag stating who
this basket was donated by or in memory of. Councilmember Buckshnis donated the first $100 in memory
of her dog, Buddy.
Ms. Hite also thanked Recreation Manager Renee McRae who worked closely with Councilmember
Buckshnis on this program.
10. DISCUSSION REGARDING TAKING MINUTES/NOTES DURING EXECUTIVE SESSIONS.
Council President Peterson explained this issue was discussed at the Council retreat. He explained there
are limited reasons under RCW for the Council to meet in executive session. There is legislation under
consideration regarding the recording of executive sessions and limiting what must be provided via a
Public Records Request.
City Attorney Jeff Taraday provided an overview of the issue. The Council adopted Resolution 853 in
1996 which is when the Council began taking notes during executive sessions. He emphasized the notes
that are currently taken are notes, rather than minutes. The distinction is minutes are reviewed and
approved at a subsequent meeting by the body conducting the meeting. While the notes taken of executive
sessions are generally accurate, they do not have a review and approval process. That is significant
because it does not provide an opportunity for a Councilmember to review them or request a change.
Mr. Taraday explained he has been uncomfortable with the current practice because in his opinion if the
Council records the meeting, it should be recorded completely with an audio recording so there would not
be any question regarding what really happened. The Council could then discontinue the practice of note
taking. He pointed out Edmonds is one of the few if not the only city in Washington who keeps notes of
executive sessions. It is up to the Council to decide whether to continue or change the current practice.
Council President Peterson commented his intent was to have a discussion; he did not foresee any action
tonight other than scheduling it on a future meeting agenda for public comment/public hearing and
potential action.
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Councilmember Bloom referred to SB 6109, recently passed by the Senate 39 -9, exempting video and
audio recordings of executive sessions. She recognized the bill had not yet been finalized. Mr. Taraday
offered to research the progress of SB 6109 and comment later in the discussion. His understanding of SB
6109 was it may give Public Records Act protection from disclosure of executive session records. One of
his concerns with taking notes is that although an argument can be made that the notes are attorney -client
privileged or work product protected or both, there is not a clear exemption in the Public Records Act for
executive session notes.
Councilmember Buckshnis suggested amending Resolution 853 because the current practice creates
notes, not minutes. Mr. Taraday agreed the Council either needed to change its practices to conform with
the resolution or change the resolution to conform to the practice. Councilmember Buckshnis advised she
was ready to do that tonight. Councilmember Bloom advised she was ready to begin recording executive
sessions now. Mayor Earling pointed out Council President Peterson's intent that this item was for
discussion only.
Council President Peterson commented his discomfort with note taking, minute taking or recording
executive sessions was because an executive session was an opportunity for the Council and Mayor with
the City Attorney and preferably not the City Clerk to have a free flow of ideas and discussion on a
limited number of sensitive topics including litigation, personnel, and real estate. He understood citizens'
concerns that things might happen behind closed doors or that deals are being struck; the Council, Mayor
and City Attorney keep each other in check should the discussion drift off topic. He recognized there is
distrust in government, pointing out Washington was one of the first states to have a Public Records Act.
The topics that can be discussed in executive session are not intended for the public and that is one of the
reasons Councilmembers are elected. The ability for Councilmembers, Mayor and City Attorney to keep
each other in check ensures the system works.
Councilmember Bloom pointed out the RCWs address everything Council President Peterson said. The
RCW identifies when the Council can have an executive session rather than a public meeting. The
advantage of recording executive sessions is it would provide proof in the event of challenge. A judge
would then review the recording and determine whether the Open Public Meetings Act was violated. It
was her opinion that recording executive sessions would instill more trust. She concluded it was very
important for the Council to "show our work."
Councilmember Buckshnis commented she was undecided about this issue but in light of the personnel
issues that occurred last year, feels note taking is the appropriate way to proceed in the future as they
provide a record. Audio recording may be problematic because some Councilmembers prefer to speak
less professionally in an executive session; that candor would not be possible if executive sessions are
recorded. She did not support recording executive sessions unless only notes could be taken for executive
session regarding personnel matters.
Councilmember Fraley- Monillas agreed recording executive sessions would reflect positively on
Councilmembers for the purposes of openness and transparency. Conversely, she questioned why
Edmonds is the only city currently taking notes. This may be a moot point depending on what the
legislature does.
Mr. Taraday explained SB 6109 has not yet passed the House. If it were signed into law it would exempt
video and audio recordings of executive sessions from disclosure under the Public Records Act. If
someone made a request for an audio recording of an executive session, under this exemption the City
would not be required to provide it. Currently if someone requests notes of an executive session, a
roundabout argument has to be made regarding why the notes should be exempt from disclosure. The bill
would provide an exemption for audio recordings but not for notes.
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Councilmember Yamamoto commented for each executive session he has attended, Councilmembers
know the topic in advance. The Council discusses only that topic and if anyone gets off track, another
Councilmember, the Mayor or the City Attorney brings them in check. He appreciated the opportunity for
Councilmembers to have a frank discussion; recording executive sessions could hamper that ability. He
clarified the Council only has discussions in executive session and does not make decisions.
Council President Peterson suggested the Council wait to see what the legislature does. There is currently
no hard and fast laws regarding what can be exempted under the Public Records Act with regard to
executive sessions. Until protection was provided, he was concerned that a Public Records Request could
require release of sensitive information. If SB 6109 is not passed into law, the Council can consider
amendments to the resolution.
11. CONTINUED DISCUSSION OF PROPOSED ORDINANCE AMENDING EDMONDS CITY
CODE SECTION 10.75.030(A)(2), EXTENSION OF ECONOMIC DEVELOPMENT
COMMISSION SUNSET DATE, AND OTHER ITEMS RELATED TO THE ECONOMIC
DEVELOPMENT COMMISSION
Community Services/Economic Development Director Stephen Clifton explained the Council packet
contains a draft ordinance and attachment which, if approved by the City Council, would amend ECC
Chapter 10.75 regarding the Economic Development Commission (EDC). The Council discussed
potential amendments on December 20, 2011, January 23, 2012 and March 6, 2012. During the March 6
meeting, the Council discussed four amendments:
• Section 10.75.030(A)(2): insert language that the EDC would focus primarily on economic
development related activities
• Section 10.75.030(A): extension of the sunset date of the EDC approximately 4 years to
December 31, 2015
• Section 10.75.010(B)(d): elected officials shall not be allowed to serve on the EDC but may serve
as non - voting ex- officio members. This would also apply to elected Port Commissioners.
• 10.750.030(C): staggering commission terms. Existing Commission members would be allowed
to serve through the end of the year. Commissioners have indicated their interest in continuing to
serve; approximately two - thirds expressed interest in remaining on the Commission. This will
ensure some continuity and institutional memory on the EDC. Staff will advertise immediately to
fill the remaining positions; terms filled this year would expire in 2014. Staff would re- advertise
at the end of the year and either new Commissioners or existing Commissioners could be
appointed. Appointments made in 2013 would expire at the end of 2015.
Mr. Clifton explained another option related to staggering is to have terms expire at the end of the
Councilmember's term who appointed the Commissioner. City Attorney Jeff Taraday clarified in addition
to the ordinance, the Council needs to provide direction regarding staggering of Commissioners' terms.
For Councilmember Buckshnis, Mr. Clifton explained approximately 5 -6 Commissioners have stated they
do not plan to continue serving on the EDC. Upon confirming existing members' desire to continue
serving on the Commission, staff will advertise to fill the vacant positions. As the former Council liaison
on the EDC, Councilmember Buckshnis commented there are often less than a handful of Commissioner
present at EDC meetings. She suggested each Councilmember have an opportunity to appoint at least one
Commissioner.
As Chair of the former EDC, Councilmember Yamamoto clarified there was always a quorum present at
EDC meetings. Most Commissioners informed staff when they would be absent and the absences were
for legitimate reasons. He agreed there were a couple Commissioners who did not attend meetings
regularly or notify of their absence. He agreed with the proposal to stagger terms.
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Councilmember Fraley - Monillas clarified the options are: Option 1 is based on the appointing
Councilmember's term; and Option 2 staggers terms based on when the Commissioner is appointed. She
asked if a Commissioner appointed by a Councilmember who is on the Council now and reelected would
serve for eight years. Mr. Clifton answered Option 2 would provide more opportunity for new
Commissioners. Under Option 1, when a Councilmember leaves the Council, the Commissioners they
appointed would leave the EDC and whoever replaces the Councilmember would appoint two new
members. Under Option 1 the only new members would be the two new members Councilmember
Plunkett's successor appoints and the appointments to fill the vacant positions.
Mr. Taraday clarified five elected officials began on January l., 2012, Mayor Earling and four
Councilmembers. The Councilmembers themselves may not be new but their term was reset. Under
Option 1, with each resetting of the term, the office holder would appoint EDC Commissioners to a 4-
year term. If a Councilmember were reelected to a second term, he /she would have the ability to replace
their EDC appointments at the beginning of the second term. Mr. Clifton advised staff has a record of
which Councilmembers appointed the existing members.
Mr. Clifton pointed out the ordinance will be adopted after the Mayor and four Councilmember have
taken office and there is no language in the ordinance about retroactive appointments. Mr. Taraday
clarified Option 1 has Option la and lb: Under Option la, the appointments of an elected Councilmember
continue through the term regardless of whether the Councilmember remains in the office. Under Option
lb, as soon as there is a vacancy on the Council, all related appointments are vacated and subject to
reappointment by the Councilmember's successor. If the Council did not want to have 4 -year EDC terms,
there could be a hybrid of the options such as each Councilmember makes a 1 -year appointment and a 3-
year appointment. He summarized staff understood the concept of staggering terms but was uncertain of
the goal of staggering terms. Mr. Clifton advised under Option 2, the Council has the ability to appoint
new commissioners or reappoint existing commissioners in approximately 9 months.
Councilmember Buckshnis suggested researching commissioners' attendance during the past year;
Commissioners who missed three consecutive meetings should not be allowed to continue. She preferred
to reappoint existing commissioners or new commissioners in April. Mr. Taraday pointed out Section
10.75.010(B)(c) addresses Councilmember Buckshnis' concern with attendance; for any commissioner
who fails to attend three consecutive meetings the position is deemed vacant and the office holder may
appoint a new member.
Councilmember Fraley- Monillas asked whether a hybrid model, where appointments are connected to
Council terms, would be difficult to track. Mr. Clifton answered it would not.
COUNCILMEMBER FRALEY - MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT
PETERSON, TO APPROVE OPTION #2.
Student Representative Springer supported the flexibility provided by Option 2 because it allows
Councilmembers to either reappoint existing EDC members or appoint new members based on
attendance, contributions to meetings, etc.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO AMEND THE MOTION SO THAT TERMS EXPIRE ON THE CURRENT
SUNSET DATE OF APRIL 29, 2012.
Councilmember Buckshnis explained under staff's proposal, the terms of commissioners who wish to
continue serving would end on December 31, 2012 and new members would be appointed or existing
members reappointed. Her amendment was to move that process up to the current sunset date of April 29,
2012.
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March 20, 2012
Page 10
Councilmember Fraley- Monillas asked Mr. Clifton's opinion of the amendment. Mr. Clifton responded it
would require staff to embark on a new application process by the end of next month. Mr. Taraday
commented if all commissioners were appointed/reappointed in April 2012, under the current language in
Option 2, there would be no staggering as all those terms would expire in December 31, 2014. If the
Council approves the amendments, another staggering mechanism will need to be developed.
Mr. Clifton pointed out there is a great deal of institutional memory on the EDC with existing members.
At least for the first six months of the EDC, staff embarked on an effort to educate commissioners
including identifying City issues, describing what economic development is and providing speakers from
the Economic Development Council, the Port of Edmonds, other cities, etc. If the Council approved the
amendment and chose to not reappoint existing commissioners, that process of reeducating the 17
members would begin again. The reason Option 2 appeals to staff is it retains at least two - thirds of the
existing members through the end of 2012. The Council would then have the opportunity to reappoint
existing members or appoint new members.
COUNCILMEMBER BUCKSHNIS WITHDREW HER MOTION WITH THE AGREEMENT OF
THE SECOND.
THE VOTE ON THE ORIGINAL MOTION CARRIED UNANIMOUSLY.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT
PETERSON, TO ADOPT ORDINANCE NO. 3876, AMENDING EDMONDS CITY CODE,
CHAPTER 10.75, RELATING TO THE CITIZENS ECONOMIC DEVELOPMENT
COMMISSION. MOTION CARRIED UNANIMOUSLY.
12. CITY OF EDMONDS MUNICIPAL ENERGY PLAN
Public Works Director Phil Williams explained in late 2010, the Council gave approval to a line item in
the General Fund for the Public Works Department to seek a consultant for developing a municipal
energy plan. In early 2011, staff conducted a selection process and selected Cascadia Consulting Group to
develop the plan. He pointed out that the City spends approximately $1.1 million/year on energy, the
equivalent of $28 from each citizen.
Spencer Reeder, Project Manager, Cascadia Consulting Group, explained the purpose of the project
was to document energy use, efficiencies and accomplishments and to recommend energy efficiency
actions and initiatives. He thanked Mr. Williams and his staff and particularly Jim Stevens and Steve
Fisher for the information they provided for the analysis. Their approach included the following:
• Compile baseline energy use data
• Audit selected facilities
• Extensive staff interviews
• Research best practices and record of success
• Identify and evaluate opportunities
• Conduct qualitative and quantitative assessment to development recommendations
Mr. Reeder explained the City's energy use was categorized into categories: facilities, fleets, outdoor
lighting, water delivery and wastewater. He provided pie charts that identified the 2010 energy use and
expenditures in each of those categories. He pointed out outdoor lighting represents about 13% of energy
used but 22% of total energy expenditures. That is related to Snohomish PUD's charge for outdoor
lighting on a flat rate rather than energy use. There may be an opportunity to negotiate with PUD
regarding charges for outdoor lighting. Expenditures for wastewater represent 35% of total energy
expenditures, facilities 23 %, fleet 20 %, and water delivery .2 %. He also provided a comparison of 2010
Edmonds City Council Approved Minutes
March 20, 2012
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energy use for the five categories based on fuel source, summarizing electricity was the dominant fuel
source. He noted hydrocarbon is a particular risk for local government due to price variability.
Mr. Reeder explained Edmonds City government has taken important steps to reduce its energy
consumption:
• Reduction in energy use by 1.5% from 1999 to 2010
• Since 2006, Edmonds has realized over $400,000 in reduced municipal government energy costs,
equivalent to a 6% reduction over that timeframe
• Invested $1.8 million in upgrades that will reduce city expenditures by $100,000 annually
Mr. Reeder provided a bar graph identifying historical energy use for the five categories in 1999, 2006
and 2010, noting total municipal energy use has decreased 15% since 1999. He also provided a graph of
trends in energy expenditures 2006 -2010. He summarized the more the City can move to alternative fuels
and electrifying energy use, it will insulate the City from swings in hydrocarbon costs.
Edmonds City government is transforming the way it does business:
• Entire diesel fleet converted to biodiesel mix
• LED signal lighting upgrades resulting in 60% energy savings
• Installed LED street lighting in Emerald Hills and working to improve street light efficiencies on
Main Street
• Maintains four hybrid vehicles and has purchased two electric vehicles for the City's fleet
• Tracks facility energy use and cost using EPA's energy Star Portfolio Manager
• Converted 217 computer monitors from CRT to LCD and retired nine servers
Mr. Reeder provided a chart of energy use per capita and cost per capita for Edmonds, Bremerton, Renton
and Auburn, noting Edmonds is a leader in energy efficiency. With regard to opportunities, Mr. Reeder
explained many cost - effective opportunities exist to further reduce energy use across all functions and
departments:
• 30 opportunities identified and 1.7 ranked by capital costs, energy savings and efficiencies, net
present value, and implementation risk
• Top recommendations include strategies addressing vehicle fleets, building energy use, and
lighting
Mr. Reeder provided a schematic of the output of their methodology that considered implementation risk
(maturity of the technology and perceived success rate), net present value, and estimated savings
potential. He identified opportunities in each category and overall city practices and recommendations
that include establishing a revolving energy fund. He provided their top five recommendations grouped
by category:
Category
Capital
Cost
Lifetime
Energy Cost
Savings
NPV
ROI
1. Invest in more efficient police fleet
$243,000
$445,000
$157,000
80%
•Install idling management devices in newer
police fleet vehicles
-Pilot hybrid police vehicles (3.7 year payback
period)
-Introduce more advanced fleet management and
tracking systems
-Pilot propane - powered vehicle conversion for a
subset of Crown Vies (3.9 year payback period)
2. Invest in key short -term facilities upgrades
$6,000
$17,000
$15,000
170%
-Add occupancy/vacancy sensors in City Hall and
Edmonds City Council Approved Minutes
March 20, 2012
Page 12
Public Safety building
-Installation of fresh air ventilation for server room
3. Work with PUD to improve streetlight efficiency
$1,052,000
$3,304,000
$200,000
210%
-Establish monitoring technologies to assess actual vs.
billed streetlight energy use (does expected use for billing
equal actual use ?)
-Push for additional pilot LED projects
-Work with PUD to negotiate lower rates for LED
streetlights
4. Where possible, de -lamp, reduce, or get off the grid
$1,500
$25,800
$25,000
1,500%
-Continue choosing solar for new school zone signals
-De-lamp or change bulb type of exterior lighting in
Public Safety building
-Reduce outer 5 garage parking lights by 6 hours a
day at City Hall
5. Conduct engineering and economic analysis of higher
Further analysis required
capital cost options
-Recover energy from incinerated biosolids
-Solar or geothermal water heating for Yost Pool boiler
replacement
-Cooler temperature asphalt mixes
-Methane recovery from wastewater treatment plant
TOTAL
$1,300,000 1 $3,800,000 $296,000
*Increasing the time -in- service of the City's police cruisers from three to six years could realize an additional
$37,000 in present value energy cost 1
Mr. Reeder summarized Edmonds has already made significant achievements in reducing energy costs
and improving efficiency. Edmonds can pursue energy savings opportunities that:
• Achieve an estimated energy cost savings of $3 million or move over next 20 years
• The opportunities, adjusting for capital outlays and an 8% discount rate, represents a positive net
present value of approximately $300,000
• Free up funding for other City improvements
• Protect against future energy cost risks
• Reinforce Edmonds' position as a regional leader in energy efficiency and creative energy
solutions
Council President Peterson referred to methane from the wastewater treatment plant as a potential energy
source. Mr. Williams answered the wastewater facility does not have digesters and therefore does not
generate methane like most wastewater treatment plants. The facility does generate a great deal of waste
heat from incinerating wastewater solids. It would be worthwhile to pursue strategies to reuse waste heat
although it is very expensive. Because the upfront costs are high, a market for the energy would need to
be identified; a logical candidate would be the current and redeveloped Harbor Square.
Mr. Williams advised staff plans to make a presentation to the Council for a propane delivery system at
the garage and as part of normal vehicle replacement, the purchase of three propane vehicles. He noted
that will provide not only energy and cost savings benefits, but also environmental benefits.
Council President Peterson expressed interest in further information regarding establishing a revolving
energy fund to keep these investments going. Mr. Williams advised he will work with the Finance
Department on that.
Student Representative Spring asked if propane vehicles or hybrid vehicles were more efficient. Mr.
Reeder responded it depends on the capital outlay for the vehicle. The capital investment for propane
Edmonds City Council Approved Minutes
March 20, 2012
Page 13
vehicles is quite low and existing vehicles can be retrofitted. The price of hydrocarbon fuel is projected to
continue to increase; as those increase, the cost of propane will also increase. Other factors include the
time horizon, vehicle turnover rate, the cost of fuel, etc.
Councilmember Bloom inquired about the suggestion to work with PUD to negotiate lower rates for street
lights. Mr. Reeder responded it appeared there was a disconnect between the amount of energy used and
what the City is charged. There is a potential opportunity to discuss with PUD how they bill the City for
outdoor lighting. Mr. Williams explained the City pays a monthly flat rate for outdoor lights. The lights
are owned by PUD; built into the monthly rate is eventual future replacement of the bulb and fixture and
associated maintenance plus the energy.
Councilmember Bloom asked how more LED street lights could be installed. Mr. Williams stated PUD
constantly evaluates the rapidly changing LED technology. He did not recommend a wholesale change of
all outdoor lighting to LED due to the huge expense until the technology matures. The pilot project in
Emerald Hills that replaced 23 lights was conducted by PUD. Other advantages of LED street lights
include environmental as well as reduced maintenance for bulb replacement because the bulbs last longer.
Council President Peterson asked whether all the City's traffic signals were LED. Mr. Williams answered
approximately 90 -95% of the City's signals and all pedestrian signals have been converted.
13. PROPOSED ORDINANCE AMENDING THE PROVISIONS OF ECDC 18.00.050 FOR
APPRENTICESHIP PARTICIPATION ON CITY CONSTRUCTION CONTRACTS.
This item was pulled from the agenda via action in Agenda Item 3.
14. SALARY RANGE TABLE
Finance Director Shawn Hunstock explained a salary range table had not been included in the discussions
or documentation prior to adoption of the 2012 budget ordinance which is inconsistent with State law that
requires either listing of actual salaries or listing of positions with a salary range. At the time of budget
adoption, in the haste to comply with state law, a salary range table was inserted into the budget
document. There have been changes /corrections to the table as noted on page 310 of the packet. His
research found a salary range table has not been included in the budget for at least the past ten years. For
any future budget amendments that include changes to budgeted positions, the salary range table will be
updated to reflect the changes.
Councilmember Bloom observed the ordinance states the actual salaries or a range can be included in the
budget. She asked why the ranges were chosen instead of actual salaries. Mr. Hunstock answered it is a
preference; most cities include ranges in their budget documents. Some cities include both.
Councilmember Bloom asked if the Council could decide whether to include ranges or actual salaries. Mr.
Hunstock answered it was his intent to include actual salaries in the body of the budget document as well
as a salary range table.
COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO APPROVE BUDGET AMENDMENT ORDINANCE NO. 3877, ADDING THE
SALARY RANGE TABLE TO THE 2012 BUDGET DOCUMENT AS AN APPENDIX. MOTION
CARRIED UNANIMOUSLY. (Councilmember Fraley - Monillas was not present for the vote.)
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Finance Committee
Councilmember Buckshnis reported the committee discussed the Fiber Optics Agreement for 110 James
Street which was approved on the consent agenda. The committee also discussed the salary range table, a
Edmonds City Council Approved Minutes
March 20, 2012
Page 14
leakage policy and a Finance Committee mission statement. During public comment, Mr. Wambolt
commented on reporting of reserve funds.
Planning, Parks and Public Works Committee
Councilmember Bloom reported the committee reviewed the Development Services Director and
Planning Manager job descriptions and delegation of authority by the Development Services Director.
That discussion will continue at a meeting between Mr. Chave and her on Friday. The committee also
discussed the reading of citizens' emails /letters aloud during Audience Comments. She will prepare
guidelines for review by the City Attorney and Council.
Public Safety and Personnel Committee
Councilmember Fraley - Monillas reported most of the items the committee discussed were approved on
the consent agenda. An amendment regarding expanded notice requirement for street vacations was
referred to the Planning Board.
16. MAYOR'S COMMENTS
Mayor Earling thanked the public and staff who attended the recent charrettes, particularly Mr. Clifton
and Ms. Cruz who assembled the charrettes. Approximately 150 citizens participated in the charrettes and
he found all the discussion groups to be enormously helpful. During the two events, 15 -20 staff members
participated as scribes. An open house with a summary of options the citizens considered will be held on
May 3.
17. COUNCIL COMMENTS
Councilmember Buckshnis apologized to Councilmember Yamamoto, Mr. Clifton and the Economic
Development Commission; her research of the 2011 EDC minutes found the average absence was 4.8
people.
Councilmember Buckshnis urged the public to adopt a flower basket.
Councilmember Bloom commented since she became a Councilmember she has been talking with staff
about the possibility of a blog on the City website. In the meantime she will continue writing on her blog,
EdmondsForum.com, tweeting, and posting articles on My Edmonds News.
Council President Peterson announced the Edmonds Business Forum will be held on Saturday at the
Edmonds Conference Center, also known as the Floral Center. It is an opportunity to learn about the
variety of service businesses available in Edmonds.
Councilmember Fraley- Monillas thanked everyone who attended the charrettes. She was disappointed
more young people did not attend and encouraged them to complete the survey.
Student Representative Springer thanked the students who attended the charrettes and encouraged
students and youth to participate in community meetings like the charrettes and to complete the survey.
18. ADJOURN
With no further business, the Council meeting was adjourned at 9:27 p.m.
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March 20, 2012
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