20160301 City Council
Edmonds City Council Approved Minutes
March 1, 2016
Page 1
EDMONDS CITY COUNCIL APPROVED MINUTES
March 1, 2016
The Edmonds City Council meeting was called to order at 7:02 p.m. by Mayor Earling in the Council
Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute.
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor
Kristiana Johnson, Council President
Michael Nelson, Councilmember
Adrienne Fraley-Monillas, Councilmember
Diane Buckshnis, Councilmember
Dave Teitzel, Councilmember
Thomas Mesaros, Councilmember
Neil Tibbott, Councilmember
STAFF PRESENT
P. Clark, Police Officer
Linda Coburn, Municipal Court Judge
Phil Williams, Public Works Director
Scott James, Finance Director
Joan Ferebee, Court Administrator
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Jerrie Bevington, Camera Operator
Jeannie Dines, Recorder
1. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present.
2. APPROVAL OF AGENDA
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED
UNANIMOUSLY.
3. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT,
TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda
items approved are as follows:
A. APPROVAL OF DRAFT CITY COUNCIL MEETING MINUTES OF FEBRUARY 23,
2016
B. APPROVAL OF CLAIM CHECKS #218694 THROUGH #218796 DATED FEBRUARY 25,
2016 FOR $582,520.48
C. CONFIRMATION OF APPOINTMENT OF ROBERT (DOUG) PETERSON TO THE
CITIZENS' TREE BOARD
D. CONFIRMATION OF JOSEPH HERR TO THE ARCHITECTURAL DESIGN BOARD
BUILDER POSITION
E. ADOPTION OF GMA COMPLIANCE RESOLUTION
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March 1, 2016
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F. AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES
AGREEMENT WITH TETRA TECH FOR THE SEAVIEW PARK INFILTRATION
FACILITY
4. AUDIENCE COMMENTS
Dr. Robert Mitchell, Edmonds, announced a Community Disaster Preparedness Town Hall on March
15, 6:30 – 8:30 p.m. at Edmonds Community College. The keynote speaker is Dr. Brian Atwater, world-
renowned USGS geologist, earthquake expert and UW professor. The event is sponsored by Fire District
1, Lynnwood Fire and Operation Military Families. The last Cascadia earthquake occurred in January
1700 as described in “Full Rip 9.0” by Sandi Doughton and in a recent New Yorker article by Kathryn
Schultz.
5. PRESENTATIONS/REPORTS
A. PRELIMINARY DECEMBER 2015 QUARTERLY BUDGETARY FINANCIAL REPORT
Finance Director Scott James Finance Director Scott James provided questions and multiple choice
answers to a quiz that would be revealed at the end of his presentation.
Mr. James displayed a General Fund – Funds Revenue comparison without bond proceeds, pointing out
the General Fund is $2,909,451 ahead of last year, due in part to an $800,000 transfer from the
Contingency Reserve to help pay the FD1 retro bill. He displayed a General Fund Re venue Budget to
Actual comparison, highlighting the following:
General Fund Resource Category YTD Actual
12/31/14 12/31/15 % Change
Taxes
Property Taxes 13,738,273 14,311,029 4.2%
Sales Tax 5,840,764 6,741,838 15.4%
Utility Tax 6,581,319 6,658,967 1.2%
Other Taxes 901,778 946,754 5.0%
Total Taxes 27,062,133 28,658,587 5.9%
He reviewed Sales Tax Analysis by Category December 2015 YTD, pointing out retail automotive is the
largest source of sales tax revenue followed by contractors. He displayed a bar graph of Change in Sales
Tax Revenue December 2014 compared to December 2015, pointing out contractors had the largest
increase, $526,253 higher in 2015 than 2014.
Mr. James displayed a General Fund – Funds Expenditure Comparison, advising General Fund
expenditures are 4.2% higher in 2015 than in 2014, primarily due to paying FD1 $1,682,000 more in 2015
than in 2014. He reviewed a General Fund Department Expense Summary, advising expenses YTD
December are below target with only 93% of the budget expended. However, a budget carryforward
amendment of $957,000 was approved earlier this year for items not completed in 2015 that reduces the
expense savings from 7% to 4%.
He displayed a Special Funds Revenue Comparison, advising special revenues are 41.2% higher in 2015,
due primarily to Street Construction Funds that are reimbursed with grant funds. Covering those expenses
required a $3 million interfund loan. He displayed a comparison of Motor Vehicle Fuel Tax Revenues
that illustrates a modest 1.4% growth over 2014. A graph of Hotel/Motel Lodging Tax Revenues
illustrates a constant upward trend, 12.5% higher in 2015 compared to 2014. REET Revenues continue to
increase; 43.6% over 2014 in 2015. Preliminary projections indicate this trend will continue into 2016.
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March 1, 2016
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Mr. James displayed a Special Revenue Funds Expenditure Comparison, highlighting a 56.1% increase
attributable to the interfund loan. He provided a comparison of Utility Fund Revenue, advising revenues
are approximately $2.5 million higher in 2015 compared to 2014 primarily due to water sales increasing
by $51,000 or 10% over 2014, stormwater sales increasing $47,000 or 4.9% and sewer sales increasing
$512,000 or 9.8%. He provided a Utility Funds Expense Comparison, pointing out the overall increase
over 2014 of $962,000, primarily due to capital expenses for waterline replacement.
He revealed the answers to the quiz questions:
1. How much new construction was added to our total assessed value for 2016?
a) $100,431,960 added in 2008
a) $18,004,460 added in 2011
b) $43,500,982 added in 2016
2. What was the amount of property tax revenues generated from new construction?
a) $118,044 generated in 2008
b) $33,290 generated in 2011
c) $85,768 generated in 2016
3. As of December 31, 2015 what is the Seattle-Bellevue-Everett unemployment rate?
a) 5.5 as of 12/31/12
b) 4.7 as of 12/31/15
c) 4.3 as of 12/31/14
He displayed a line graph of the unemployment rate, highlighting a low of 3.4% in 2006, a high of 9.4%
in 2009, dropping to 4.3% in 2014 and 4.7% in 2015. He overlaid the line graph on a bar graph of new
construction property tax revenues, pointing out how the two correspond.
Councilmember Mesaros asked how much new construction occurred in the not-for profit world which
would not be subject to tax but would generate revenue for the City. Mr. James answered he did not have
that information available tonight and offered to email it to Councilmembers. He noted it was fairly
significant as Swedish Hospital’s renovations were the reason for the significant increase in permit
revenue. Councilmember Mesaros commented typically the not-for-profit community is 10% of the
economy
Councilmember Nelson observed there was a significant increase in construction sales tax revenue yet
development permits were down 10% and asked whether there was a lag between the two. Mr. James
agreed there could be a lag; for example the Swedish Hospital construction permits were submitted in
2014 but much of the construction activity occurred in 2015.
Councilmember Teitzel asked whether the first two months of 2015 indicated the increase in new
construction revenue would continue at a high pace. Mr. James said a Development Services report
provided today indicates permit revenue is still healthy.
Councilmember Buckshnis asked the under budget amount for 2015. Mr. James responded the General
Fund revenue comparison illustrated only 93% had been expended; the carryforward of $958,000 brought
the under-budget amount to 4%. He referred to the Fund Balance report in the packet that illustrates the
General Fund grew $1.7 million.
Councilmember Tibbott observed utility expenses exceeded revenues and asked if the excess was paid
from reserves. Mr. James advised bonds were issued to cover the large capital outlay. Councilmember
Tibbott asked about future utility infrastructure improvements. Public Works Director Phil Williams
explained the capital expenditures are from bond proceeds which can distort the annual numbers. Staff
will return to Council this year to discuss the utility capital program for the next three years and potential
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March 1, 2016
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rate adjustments. The goal is to get water and sewer and eventually stormwater independent of debt for
pipe replacement to avoid paying ongoing expenses with bond proceeds. The City is about halfway
through that effort.
B. PRESENTATION OF 2015 STATE OF THE EDMONDS MUNICIPAL COURT
Municipal Court Judge Linda Coburn provided highlights of 2015:
Changes/benefits
o Makeshift in-court clerk’s desk
Reduces recording system problems
Increases efficient use of clerk time
Temporary until revamp of council chambers/court
o New expired-warrants process
Improves timely review
Improves administrative workflow
o Streamlined bail forfeiture procedure
Increases responsiveness of bonding companies
Efficient clerk time
o New interpreter scheduling procedure
Compliance with court
Improved access to justice
Efficient clerk time
o Began development of online payment
Faster way for defendants to pay LFOs
Efficient use of clerk time
o Continued research of best practices – paperless court
Improved efficiency
Improves tracking records
Reduces paper need
o Video in-custody calendar
Time for trial
Every other day
Reduced jail costs
o Electronic search warrant review
Increased availability
Increased efficient use of officer time
Challenges/impact:
o New judge
o Law enforcement
o Indigent defense
o Jail policies
Judge Coburn reviewed jail costs:
2014 2015 Percent change
Booking Fee $95.94 $115.00 20%
Daily Fee $66.63 $84-117 26-75%
Budget $496,397 $660,350 33%
Total Jail Cost $447,753 $478,111 6.77%
Total Jail Days Imposed $6,919 $7,006 1.26%
Criminal filings 1,031 907 -12%
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She commented on impacts to jail costs:
Revised video in-custody calendars – about 22 weeks in 2015.
Warrants issued – 1,564 (2014); 1,376 (2015)
Jail policies – refusal to book (recent heroin use); request to release high-needs inmates
Filings
She explained by statute, '[t]he court shall not order a defendant to pay costs unless the defendant is or
will be able to pay them.' RCW 10.01.160(3). To determine the amount and method for paying the costs,
'the court shall take account of the financial resources of th e defendant and the nature of the burden that
payment of costs will impose.'
-- State v. Blazina, 182 Wn.2d 827, 838, 344 P.3d 680, 685 (2015)
Judge Coburn displayed a comparison of total filings, criminal filings, civil filings and revenues 2010 –
2015, pointing out the number of filings are impacted by the number of police officers. She relayed Police
Chief Compaan’s expectation that the Street Crimes Unit will be operational by mid-year which will add
a sergeant and two officers. Further, a motorcycle officer on injury leave will soon be back on duty. She
reviewed expenditures:
Item Appropriation 2015 Balance Percent Used
Grand Total $883,826 $856,577 $26,719 97%
Prof Services (Security)* 39,000 41,331 -2,331 106%
Prof Services Interpreters** 25,000 33,779 -8,779 135%
Miscellaneous 55,100 12,882 42,218 23%
*Savings to the City from increased video in-custody calendar will not be reflected in Court budget
because jail costs not under the court.
**New probation officer who speaks fluent Spanish should reduce interpreter cost for probation meetings.
Judge Coburn introduced the new Probation Officer Omar Gamez. She reviewed revenues:
Item 2014 2015 Difference
Percent Diff Percent Diff
Gross total $1,078,460 $1,073,053 -$5,407 <.005%
Net total $719,012 $677,038 -$41,974 .06%
Beginning March 1, a $2 administrative fee will be assessed on debit/credit transactions:
Revenue Change Number of Credit
Card Transactions
Admin. Fee Per
Transaction
Total Anticipated
Admin Fee Collected
2015 5,697 $0 $0
Est. 2016 6,000 $2 $12,000
Judge Coburn commented on 2016 impacts:
Passport processing
o Plan to document time it takes staff to process passports
Public defender standards
Increased police staffing
o Expect filings to increase
Online payments
o Quicker payments
Paperless court
New AV system in courtroom/council chambers
o Permanently installed video in-custody equipment
New Court Administrator search
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o Will post position mid-year
She commented on the separation of powers (executive, legislative, judicial) and expressed her
appreciation for the Council’s recognition of the importance of a separation to provide checks and
balances and having an elected judge.
Councilmember Nelson referred to the rising heroin epidemic and asked how people who are clearly
violating the law and missing court but are not allowed to be booked into jail. Judge Coburn explained the
City contracts with Snohomish County Jail and Lynnwood Municipal Jail. Defendants with both
Lynnwood and Edmonds’ matters are book in the Lynnwood Jail and when the Lynnwood matter is
concluded they are transferred to Snohomish County. On occasion Lynnwood has transferred defendants
with heroin or other drug or mental health issues to SCORE (South Correctional Entity) in south King
County. Lynnwood has or is trying to establish video court; Edmonds does not have video court set up
with SCORE so an Edmonds officer must transport the defendant to court. Court Administrator Joan
Ferebee contacted the Lynnwood Jail and requested they not transfer defendants with a pending Edmonds
matter to SCORE.
Chief Compaan is discussing the possibility of Edmonds having video court with SCORE; she did not
have details regarding the cost, frequency, etc. SCORE is set up for high need inmates. Another option for
defendants with addictions is treating the addiction, the court providing a carrot and a bat; the carrot is the
potential to negotiate a better deal if they stay in compliance. The bat when other methods do not work is
jail. Many people need to hit bottom before they can climb up. Mr. Gomez will be attending a meeting at
Lake Forest Park’s municipal court to discuss the heroin problem and its impacts on courts, probation and
law enforcement. She summarized there is no magic wand.
Councilmember Tibbott referred to the comparison of criminal filings, observing there were 1,600 in
2010 and 900 in 2015. He asked what type of criminal filings are no longer occurring and what if any
impact that has in the community. Judge Coburn referred to the case filings by year by the type of filing.
She explained when Top Foods closed, thefts went down; when WINCO opened, thefts increased. When
the State allowed liquor to be sold in grocery stores, theft of alcohol went up because it is easier to steal
from a grocery store. She could not categorize a type of crime that is not being filed, she continues to see
all types including assault, domestic violence, theft, driving while license suspended III; overall filings
have decreased a little. There were 1,031 criminal filings in 2014 and 907 in 2015. Councilmember
Tibbott asked if 2010 was a bad year. Judge Coburn answered she has been told one of the reason filings
are down is due to lower law enforcement staffing. She has been told one of the benefits of the New
World system is better tracking of officer time such as discretionary time, time writing reports, time with
defendants, etc. which will assist the department with conducting their own analysis.
Councilmember Fraley-Monillas said she serves on the Snohomish County Law and Justice Commission.
Mental health is a big issue in the jail; 40% of all incarcerated individuals have some level of mental
illness. She asked where defendants who cannot be booked into the Snohomish County Jail due to their
mental health diagnosis go. Judge Coburn responded it is more defendants with heroin issues that the jail
will not accept. The jail accepts defendants with mental health issues but charges more. One of the issues
is people who are not competent; the court cannot proceed with a case until they are found to be
competent or found to be non-restorable. That is not being addressed due to the backlog in Western State
Hospital. The Edmonds prosecutor has been very reasonable with regard to addressing when an individual
is caught in that circle such as looking at the underling crime, whether it was a crime of violence or theft.
At some point if they are not going to be seen, a decision needs to be made whether to release them and
arrange for out-of-custody evaluation, dismiss and request an evaluation by Snohomish County mental
health professional to determine if they meet the requirement for a civil commitment , etc. She
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summarized the bar for competency is very low; a person can have a lot of mental health issues and be
found competent.
With regard to what else can be done, Judge Coburn explained the district court recently started a mental
health court and there has been casual talk among the district court judge and municipal court judges
about participating in that. The district’s mental health court needs to be well established before
proceeding with that discussion. One possibility is the municipalities in this area pooling resources so the
mental health court is a traveling court and the experts come to each court. For the mental health court to
work, it needs to be as local as possible; requiring a person with mental health issues to take bus to court
decreases their ability to succeed.
Councilmember Fraley-Monillas commented a high percentage of individuals with mental health issues
are homeless. She asked about defendants in the Edmonds court that are homeless. Judge Coburn said a
percentage of defendants are homeless; a lot of transient people come through Edmonds along the
Highway 99 corridor and commit a crime in Edmonds although they do not live in Edmonds. The
problem is getting people with no transportation or money for bus fare or family support system to return
to Edmonds. She considers a defendant’s ability to come to court but she cautioned it is not illegal to be
homeless. If someone who is homeless that does not have a record of not appearing or a record of serious
criminal offenses, being homeless cannot be the only reason they are not allowed to appear out of
custody. She explains to defendants that she will have to set bail if they do not appear. She summarized
Edmonds was not immune to a homeless population and not all homeless in Edmonds are transient; there
are also homeless people living in Edmonds.
Councilmember Buckshnis asked the difference between an infraction traffic and non-traffic. Judge
Coburn explained infraction non-traffic is any infraction that is not traffic related such as dog off leash,
barking dog, etc. In 2015 there were a lot of dogs-related infractions.
Council President Johnson commented the Council learned from her presentation and looked forward to
the new AV improvements for the court/council chambers.
6. ACTION ITEMS
A. REPORT ON BIDS OPENED FEBRUARY 19, 2016 FOR THE SECONDARY
CLARIFIER #3 STRUCTURAL REPAIR AND AWARD OF THE CONTRACT TO
MCCLURE AND SONS, INC. ($661,380 INCLUDING SALES TAX)
Public Works Director Phil Williams commented the upgrades to court/council chambers will be installed
March 25 – 29. Staff worked with Judge Coburn to change the court calendar for two days to provide five
days to complete the project. The first Council meeting in April will be in the revised space.
Mr. Williams explained the secondary clarifier #3 has been slowing failing for quite some time despite
repairs over the last 15 years. This project, complete replacement, was put out to bid and 7 bids were
received that ranged from the lowest responsive bidder by McClure and Sons at $661,380 to over $1.1
million. The engineer’s estimate was $845,000. The construction budget is $661,380 plus a $76,138
management reserve, and $60,048 for in-house project management for a total of $797,596.
Councilmember Teitzel asked the average lifespan of a clarifier. Mr. Williams explained the treatment
plant has 3 secondary clarifiers that have been in place for 25 years; 2 are fine. Something went wrong
with this clarifier possibly during construction; it has been slowly cracking and spalling much worse than
the other two. The other clarifiers are showing some signs of age, wastewater is very corrosive, and the
products it off-gases can be hard on concrete. Failure typically takes decades.
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Councilmember Fraley-Monillas encouraged new Councilmembers to tour the treatment plant.
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO AWARD THE CONTRACT FOR THE SECONDARY CLARIFIER #3
STRUCTURAL REPAIR TO MCCLURE AND SONS, INC. IN THE AMOUNT OF $661,380 AND
AUTHORIZE A MANAGEMENT RESERVE OF $76,138 FOR CHANGES AND UNFORESEEN
CONDITIONS DURING CONSTRUCTION. MOTION CARRIED UNANIMOUSLY.
7. MAYOR'S COMMENTS
Mayor Earling reported:
The Clam Chowder Cook-off on Saturday was a fabulous success. The Chamber organized the
event, 8 restaurants participated and 700 people attended.
Edmonds-Woodway Girls Basketball Team is going to State finals this weekend.
PSRC analyzed and approved the City’s Edmonds Comprehensive Plan. He distributed PRSC’s
notification.
He established the Mayor’s Task Force on Pedestrian Safety and appointed the following
members: Councilmember Mike Nelson, Public Works Director Phil Williams, City Engineer
Rob English, Transportation Engineer Bertrand Hauss, Police Sergeant Karl Roth; and citizens
Michael Reagan, Janice Freeman and Pam Stuller. The task force will consider conflicts between
pedestrian and automobiles and seek positive results from a community discussion.
He appointed Mike Schindler and George Bennett to the new Economic Development
Commission
8. COUNCIL COMMENTS
Councilmember Buckshnis thanked everyone who has continued to contact her with comments regarding
the Critical Areas Ordinance. She thanked City Attorney Jeff Taraday and Councilmember Fraley-
Monillas for helping her develop an amendment. She thanked the 17 citizens who applied for the EDC;
their resumes are great and reflect a breadth of knowledge. She will announce her appointment soon.
Councilmember Nelson commented the upcoming Council retreat agenda includes discussion regarding
homelessness. He relayed in January 2014, of the 966 people without permanent housing counted in
Snohomish County, 200 were under 18, 68 were veterans, 188 had serious mental illnesses, and 122 were
victims of domestic violence. He provided a quote from Mother Theresa, “We think sometimes that
poverty is only being hungry, naked and homeless. The poverty of being unwanted, unloved and uncared
for is the greatest poverty. We must start in our own homes to remedy this kind of poverty.” He looked
forward to working with the Mayor and Council at the retreat to begin remedying this kind of poverty in
the City and the community.
Councilmember Fraley-Monillas appreciated the Council’s new found interest in looking at the homeless
situation in Edmonds. For a long time she has felt like a single branch on a tree speaking out about the
homeless that live in and around her neighborhood. She noted the homeless may not be counted but they
are there. She reported on a mini-vacation she took to Disneyland with her family, returning today.
Councilmember Teitzel was pleased to read in My Edmonds News about the new art institute that is
purchasing the Mar-Vel Marble building site on 2nd and Main. Their plans include a mixed use building
with commercial or art space on the first floor and possibly residential space above.
Councilmember Mesaros thanked Councilmember Nelson for his well stated comments. He agreed with
Councilmember Fraley-Monillas it was time the Council spent some time, energy and effort on finding
solutions to homelessness. He recently returned from Arizona and while away, participated in Council
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meetings by phone and through video. He found it much easier to hear the meeting by watching the video
but there is a 15 second delay which was the reason he voted 15 seconds late at one meeting. He
anticipated the AV upgrades may improve that experience.
Council President Johnson announced the Council retreat on Friday (9:00 a.m. to 5:00 p.m.) and Saturday
(9:00 a.m. to 1:00 p.m.) in the Library Plaza room and offsite for part of the day.
9. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION
PER RCW 42.30.110(1)(i)
At 8:19 p.m., Mayor Earling announced that the City Council would meet in executive session regarding
pending or potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was
scheduled to last approximately 15 minutes and would be held in the Jury Meeting Room, located in the
Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session.
Elected officials present at the executive session were: Mayor Earling, and Councilmembers Johnson,
Nelson Fraley-Monillas, Buckshnis, Teitzel, Mesaros and Tibbott. Others present were City Attorney Jeff
Taraday and City Clerk Scott Passey.
At 8:35 p.m. Mayor Earling emerged from the Jury Meeting Room to announce that the executive session
would be extended for five minutes. The executive session concluded at 8:40 p.m.
10. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN
EXECUTIVE SESSION
Mayor Earling reconvened the regular City Council meeting at 8:42 p.m.
11. ADJOURN
With no further business, the Council meeting was adjourned at 8:42 p.m.