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20170110 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTE S January 10, 2017 ELECTED OFFICIALS PRESENT Thomas Mesaros, Mayor Pro Tem Michael Nelson, Council President Pro Tem Kristiana Johnson, Council President Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember ELECTED OFFICIALS ABSENT Dave Earling, Mayor 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT J. Shier, Police Officer K. Ploeger, Police Sergeant Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Dave Turley, Assistant Finance Director Rob English, City Engineer Mike Cawrse, Stormwater Eng. Technician 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 7:02 p.m. by Mayor Pro Tem Mesaros in the Council Chambers, 250 5 1 Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Mayor Earling. 3. APPROVAL OF AGENDA COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCIL PRESIDENT PRO TEM NELSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE AGENDA TO ADD DEPARTMENT OF ECOLOGY RECOMMENDATION LETTER AS ITEM 7.6 AND MOVE EDMONDS SAFE CITY RESOLUTION TO ITEM 7.1. MOTION CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNAIMOUSLY. 4. APPROVAI, OF CONSENT AGENDA ITEMS Council President Pro Tem Nelson requested Item 4.5, Confirmation of Alex Witenberg to the Position of Planning Board Alternate, be removed from the Consent Agenda and scheduled on a later date. Edmonds City Council Approved Minutes January 10, 2017 Page 1 COUNCIL PRESIDENT PRO TEM NELSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF JANUARY 3, 2017 2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 3. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM MARLIN PHELPS ($3,500.00) AND JANIS I. CUNNINGHAM ($2,000.00) 4. NOVEMBER 2016 MONTHLY BUDGETARY FINANCIAL REPORT 6. NEW JOB DESCRIPTIONS 5. PRESENTATIONS/REPORTS 1. CITY ATTORNEY ANNUAL REPORT City Attorney Jeff Taraday described the big picture, the City's relationship between: • Lighthouse Law Group - handles vast majority of civil legal work including all civil litigation not covered by Washington Cities Insurance Authority (WCIA) • WCIA ■ Bond counsel • Zachor Thomas - handles criminal prosecution Mr. Taraday reviewed: • Who is the client? o RPC 1.13(a) A lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents. o Attorney - Client Relationship o Attorney <*Organizational Client <*Duly Authorized Constituents • Duly Authorized Constituents? o Lighthouse Law Group ■ City of Edmonds - Individual Councilmembers - Boards and Commissions - Mayor - Directors - Staff - Judge • What about your constituents, the citizens? o Attorney <*City (City Council, Mayor, Judge) CgCitizens Same concept applies with all City legal relationships (Lighthouse, WCIA, bond counsel and Zachor and Thomas Mr. Taraday commented on the lighthouse's role with regard to oversight • Duty to investigate? o RPC 2.1, comment 5: A lawyer ordinarily has no duty to initiate investigation of a client's affairs or to give advice that the client has indicated is unwanted, but a lawyer may initiate advice to a client when doing so appears to be in the client's interest. Edmonds City Council Approved Minutes January 10, 2017 Page 2 ■ Request to investigate o The RPCs do contemplate that lawyers will be asked on occasion to investigate alleged violation of law. • What if lawyer knows of violation? o RPC 1.13(b): If a lawyer for an organization knows that an officer, employee or other person associated with the organization is engaged in action, intends to act or refuses to act in a matter ... that is a violation of a legal obligation to the organization, or a violation of law that reasonably might be imputed to the organization, and that is likely to result in substantial injury to the organization, then the lawyer shall proceed as is reasonably necessary in the best interest of the organization.... ■ Summary: If a lawyer knows of a legal violation, he must act in the best interest of the City. Sometimes that means reporting up. • Reporting Up: o RPC 1.13(b):... Unless the lawyer reasonably believes that it is not necessary in the best interest of the organization to do so, the lawyer shall refer the matter to higher authority in the organization, including, if warranted by the circumstances, to the highest authority that can act on behalf of the organization as determined by applicable law. • Highest authority o RPC 1.13 [comment 5]: The organization's highest authority to whom a matter may be referred ordinarily will be the board of directors or similar governing body. • What if "reporting up" doesn't work? o RPC 1.13(c) Except as provided in paragraph (d), if (1) despite the lawyer's efforts ... the highest authority ... insists upon or fails to address in a timely and appropriate manner an action, or a refusal to act, that is clearly a violation of law, and (2) the lawyer reasonably believes that the violation is reasonably certain to result in substantial injury to the organization. Then the lawyer may reveal information relating to the representation whether or not Rule 1.6 permits such disclosure, but only if and to the extent the lawyer reasonably believes necessary to prevent substantial injury to the organization. ■ Summary: In very rare instances, a matter is report all the way to the City Council and the City Council refuses to act in a manner that is necessary to protect the interests of the City, he would be authorized to reveal information to a third party but only if doing so would prevent substantial injury to the City. • Lawyer as a decision -maker? o RPC 1.13, comment 3: When constituents of the organization make decisions for it, the decisions ordinarily must be accepted by the lawyer even if their utility or prudence is doubtful. Decisions concerning policy and operations, including ones entailing serious risk, are not as such in the lawyer's province. • Lawyer not decision -maker, but... o ... when the lawyer knows that the organization is likely to be substantially injured by action of an officer or other constituent that violates a legal obligation to the organization or is in violation of law that might be imputed to the organization, the lawyer must proceed as is reasonably necessary in the best interest of the organization. • Special rules for City Attorney? o RPC 1.13, comment 9: ... in a matter involving the conduct of government officials, a government lawyer may have authority under applicable law to question such conduct more extensively than that of a lawyer for a private organization in similar circumstances. Thus, when the client is a governmental organization, a different balance may be appropriate between maintaining confidentiality and assuring that the wrongful act is prevented or rectified, for public business is involved. • So you aren't the client... are your communications still confidential? Edmonds City Council Approved Minutes January 10, 2017 Page 3 o RPC 1.13, comment 2: When one of the constituents of an organizational client communicates with the organization's lawyer in that person's organizational capacity, the communication is protected by Rule 1.6.... This does not mean, however, that constituents of an organizational client are the clients of the lawyer. The lawyer may not disclose to such constituents information relating to the representation except for disclosures explicitly or impliedly authorized by the organizational client in order to carry out the representation or as otherwise permitted by Rule 1.6. • For example: It is not uncommon for a Councilmember to tell him something he/she does not want everyone else to know about; this rule requires he keep communications confidential except when he is expressly/impliedly authorized to share. That duty does not go beyond confidentiality. Advisor o In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client's situation. Mr. Taraday reviewed the City Attorney Team and areas handled by each: • Jeff Taraday o City Council meetings o Elected official advice o Land use o Litigation o Coordination/special project o Office hours twice a week • Sharon Cates o Labor and employment o Contracts and ILAs o Bidding and procurement o Litigation o Disability Board o Office hours once a week • Patricia Taraday o Public Records Act o Code enforcement o Litigation o Office hours once a week Beth Ford o Research o Writing legal memos o Briefing o Other litigation work o Backup meeting coverage Mr. Taraday reviewed • City Attorney Team Stats January 1, 2016 through December 31, 2016: o 2,942 hour worked o $511,680 in legal fees Flat monthly fee regardless of hours worked o $174 average effective hourly rate • 2016 Top 10 Matters by hours worked (number in parentheses 2016 ranking) Edmonds City Council Approved Minutes January 10, 2017 Page 4 10. Wall v. Edmonds (6) 84 hours 9. Finance & Admin (5) 87 hours 8. Public Works (NR) 118 hours 7. City Clerk (7) 225 hours 6. Human Resource (2) 241 hours 5. Development Services (3) 283 hours 4. Mayor's Office (10) 297 hours * includes FDI negotiations 3. Police (4) 305 hours 2. Blomenkamp LUPA (NR) 440 hours 1. City Council (1) 518 hours 2016 Top 6 Litigation Matters (by hours worked) 6. Bernsein (Decl/Injunc Relief) 17 hours 5. Ronald Wastewater 25 hours 4. John S. Ryan (trustee sale) 26 hours 3. 76th @ 212`h (condemnation) 33 hours 2. Wall (LUPA) 84 hours 1. Blomenkamp (LUPA) 440 hours Litigation completed by Lighthouse in 2016 and result o Wall v. Edmonds LUPA ■ Dismissed after hearing on the merits o Three Graces Condemnation (76th & 212th) • Settled for $273,000 o RJ Willy Condemnation (228th Street) • Settled for $65,000 o John S Ryan • Stipulation resulting in payment of city's lien o Deutsch Bank Trust Co ■ Stipulation resulting in payment of city's lien o Green Tree Servicing i Stipulation resulting in payment of city's lien o US Bank v. Yamasaki • Stipulation resulting in payment of city's lien Pending litigation with Lighthouse o Blomenkamp v. Edmonds Blomenkamp's appeal of superior court decision in favor of city pending before Division 1 of the Washington State Court of Appeals o Bernstein v. Edmonds ■ City's motion to dismiss was drafted but not filed; case put on hold; seeking voluntary dismissal o Ronald Wastewater • City's motion to intervene in King County Superior Court case granted; currently waiting on Growth Management Hearings Board decision before case proceeds further... WCIA Coverage o Claims arising from alleged: o Employment related action, e.g. retaliation and harassment o Police excessive force o Land use damage o Auto liability o Defective street or sidewalk Edmonds City Council Approved Minutes January 10, 2017 Page 5 o Sewer obstruction o Premises liability o Other negligence WCIA Pending Litigation o Soule: Claim of excessive force; tried this November in federal court; verdict for City; Plaintiff's attorneys have withdrawn; Plaintiff Pro Se has filed a notice of appeal. o Sackville: Claim of discrimination against police officer by other officers; MSJ of defendants to dismiss was granted in part and denied in part. Trial is set for June 5, 2017. o Matera: Claim of injury and emotional damages from her having sex with former police officer while in custody; Snohomish County Superior Court; no trial date set. o La Porte: Claim related to flood damage to residence at 921 Daley St. o Sly: Claim of injured bicyclist that City had duty to maintain trail. Councilmember Buckshnis thanked Mr. Taraday for including the insurance claims, information citizens have requested in the past. She asked if he had any fiduciary responsibility to disclose the amount of money or was that disclosed once the claim was settled. Mr. Taraday answered with regard to pending litigation, he is happy to discuss it in executive session or to coordinate with WCIA's appointed counsel to attend an executive session or provide him an update. He has a duty to inform the Council about settlement offers. Councilmember Buckshnis recalled a citizen's request to disclose the cost once cases are completed. She was interested in how much was spent on public records requests, noting the City recently received a very large request. Mr. Taraday responded the slide regarding the top 10 matters in 2016 is intended to illustrate how the City Attorney resources are used. He noted the vast majority of the 225 attorney hours for the City Clerk's Office in 2016 were related to public records. That amount does not include the hours spent by the full-time person in the Clerk's Office who responds to public records requests or the City Clerk who oversees that process. He agreed public records requests were a fairly significant utilizer of resources. Councilmember Buckshnis expressed interest in the costs. Mr. Taraday advised WCIA provides a quarterly or annual report with all their open claims and attorney fees incurred by WCIA's appointed counsel. That report could be provided to the City Council attached to a confidential memo. Most of that information would not be appropriate for release to the public. Councilmember Tibbott asked to what extent the City is able to recover attorney fees or court costs when there is a settlement in the City's favor. Mr. Taraday answered it depends on the nature of the lawsuit. There are few instances where the City Attorney can collect legal fees for prevailing in lawsuits. There is a rule in land use litigation that if the City prevails at three successive stages, after winning at the third stage, attorney fees are available but he believed it was only for the final stage. Councilmember Tibbott inquired about frivolous lawsuits. Mr. Taraday answered under CR 11, the court can award attorney fees or sanctions or both for frivolously filed lawsuits. Councilmember Tibbott asked how Edmonds' cases compared to other cities. Mr. Taraday referred to the list of WCIA pending litigation, explaining although he represented other municipal clients, he did not represent enough other cities to be able speak at a macro level. He recalled a WCIA representative provided a report at a previous Council retreat regarding how Edmonds compared to other cities of its size. If the Council was interested in hearing that again, WCIA could make a presentation to the Council or provide a report. In establishing premiums, WCIA compares the risk profile, risk history, etc. of cities of similar size. The risk history does not include only judgments but also attorney fees WCIA paid to their appointed law firms; even if the city won the case, attorney fees are counted against its loss history. Edmonds City Council Approved Minutes January 10, 2017 Page 6 Councilmember Tibbott summarized WCIA would be a good resource for that information. Mr. Taraday agreed, especially if the Council was interested in that information at a macro level and how Edmonds compared to other cities. For example the strength of the Planning Department in fighting off land use judgments; he noted there has not been a land use damage claim judgment since Lighthouse has been the City Attorney. 6. AUDIENCE COMMENTS Laura Johnson, Edmonds, thanked the Council for considering the Safe City Resolution condemning bullying, intimidation, profiling, harassment, or any other acts of hate based on age, faith, race, national origin, immigration status, gender identity, ability, ethnicity, housing status, sexual orientation, economic status, or any other social status. She thanked Councilmember Fraley-Monillas for standing up for all residents of Edmonds and introducing this resolution. She gave special thanks to Councilmember Teitzel, recalling when he was campaigning for City Council, he enlightened her on the challenges faced in Edmonds by the homeless population and the large Ethiopian immigrant community. She appreciated his work with both communities and recognized the importance of the resolution to him. She said the resolution is a very necessary statement because hate crimes are on the rise. When hate has been emboldened, we must stand up and speak out against it. Sadly, this type of hateful rhetoric, anti - immigrant and anti -Islamic behavior is present in Edmonds. It is inherent on each of us to take a stand against this type of behavior creeping into the community and to loudly proclaim we will not accept it; this resolution does just that. She asked audience members present in support of a loving, inclusive, diverse and accepting Edmonds to stand; many members of the audience stood. She commented this was her kind of Edmonds; a community where we stand up for all our neighbors. Carol McMahon, Lynnwood, Democratic Precinct Committee Officer for Lynnwood 7, the 32i1 Legislative District Democrat PCO Coordinator for Lynnwood, Snohomish County Democratic Central Committee Woman for 32" 1 Legislative District Democrats and member of South Snohomish County Diversity Council, retired, and head of a multigenerational household shared her concerns as neighbors and regular consumers of business services sold by Edmonds merchants. Although her family does not always think alike, they vote and as voters they agree on one thing, human rights that include social economic, racial and environmental justice. The school district is currently reinforcing anti -bullying and the Pledge of Allegiance, which enforce human rights. She expects it from others and will defend it for others. The company from which she recently retired takes leadership very seriously; every project/program begins with the leader setting the tone of what will take place. It is critical to do so because it aligns those who are working together toward success of a common goal. The U.S. President- elect will do the same in the next couple days, setting the tone for his administration's goals for the next four years, some say a generation or more. It appears the tone he has set has normalized or legitimized racist and violent behavior, not what she and her family value. She cited a key passage in resolution, condemn bullying, intimidation, profiling, harassment, or any other acts of hate that are based on age, faith, race, national origin, immigration status, gender identity, ability, ethnicity, housing status, sexual orientation, economic status, or any other social status. The City Council as leaders have this opportunity to set the tone for Edmond and to influence the surrounding communities. She urged the Council to pass the resolution. Lala Wakefield, Edmonds, explained she and her husband chose to purchase a home in Edmonds about five years ago to raise their family. Her husband accepted a job in downtown Edmonds, her two children will attend Edmonds public schools, she is starting a business in Edmonds, her family shops and recreates in Edmonds, and she has served on the preschool board and fundraised for the preschool. She provided this information about her life to describe who she is, not an activist or a liberal but a neighbor. The resolution is very powerful for someone like her, a woman of color with mixed race children and who has experienced racist bigotry in this community. This resolution is a start toward something meaningful so she can walk with her head held high and continue to feel confident in her neighborhood. For any in Edmonds City Council Approved Minutes January 10, 2017 Page 7 opposition, she asked them to consider her, as their neighbor, and stand with her, a person like them with the same concerns and goals. Anne Ostrom, Lynnwood, commented she knows the people in this area and their values and has watched the area grow and become more diverse. People teach their children to be safe, that there is no room for bullying, discrimination due to race, county origin, religion, gender choice, or any other difference. In 2001 the U.S. suffered a devastating attack from a foreign country. As the U.S. began to heal, safeguards were instituted to prevent another attack and since then there have been no attack by a foreign entity on U.S. soil. There have been lone wolves who commit crimes and try to put the face of Muslim people on it, but that is a lie. Of the 30 major mass murders in U.S. history since 1949, only one was committed by a Muslim; Muslims are not the problem. Transgender people are blamed for crimes that do not exist, people are excluded because of their race or religion, and people try to protect themselves from contact with cultures they do not know enough about but that needs to stop; we are more alike than different. A paraeducator in the Edmonds School District, she sees the diversity of the population. In looking at the children and their families, she does not see them as a threat. The threat in society today is racism, discrimination, hate and intolerance. This community has the opportunity to stand up and say we respect and accept everyone regardless of who they are, where they came from or what god they pray to. She cited the inscription on the Statute of Liberty, "Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest -tossed to me, I lift my lamp beside the golden door!" She commented we are the gold door; Edmonds has the rare opportunity to make a similar statement, openly embrace diversity, condemn racism, prejudice, intolerance and hate. Edmonds can lead by example by treating all its citizens and visitors equally and let everyone know Edmonds is a place to celebrate diversity. She urge citizens, City Council and everyone here to declare in one voice that this City values all of its citizens. Kassie Goforth and son Jack, Edmonds, expressed her support for the resolution. To people in the audience who may be opposed to the resolution and may have felt rejection when audience members stood, she was hopeful they would not feel that way by the end of the meeting. The resolution is for everyone in Edmonds, people of all faiths, political persuasions, and ethnicities; it is as inclusive for those who disagree as people who agree. She referred to her 8 -year old son, commenting she also has a 1 -year old son who is a person of color. She saw the resolution helping her in her worries for her sons and preparing her son who is a person of color for the things he may face, things she will never have to prepare her 8 -year old son for. This resolution shows that her community supports her son who is a person of color as much as it supports her 8 -year old son and that both can feel safe in the community. The resolution is nothing extreme; it gives children an equal opportunity and values them for who they are. Many schools, communities and counties have adopted similar resolutions and she supported the Council adopting a resolution similar to the one that children are required to abide by in school. She thanked the City Council for supporting her 1 -year old and her 8 -year old in considering this resolution. Mushkir Davig, Edmonds, expressed her opposition to the resolution, not because she was opposed to the American values it cites but because it is already implied, the U.S. is a sanctuary country and a sanctuary city is unnecessary. She was opposed to and insulted by the resolution because the premise behind the resolution is that America is a terrible and unjust place and Edmonds is going to protect everyone from this terrible country. The United States is a great country and the world see us as a sanctuary country; the poor, the downtrodden, the persecuted come to the U.S. If the U.S. is such a terrible country, why is there an immigration problem and why don't thousands want to leave the U.S.? The U.S. is a wonderful and just country; it is not perfect because humans create flawed things. She acknowledged there are occasional problems and discrimination but there are laws to address that. She felt the resolution was a Sanctuary City Resolution and there was an implied threat that if the City Council did not like the federal law, they would not follow it. She agreed legal immigrants have enriched the culture and our lives and made our country strong. She felt the premise of the resolution was insulting Edmonds City Council Approved Minutes January 10, 2017 Page 8 to veterans who have fought for the country and she found the timing very suspect. If this country is so awful, she questioned why the resolution was not proposed eight years ago. She anticipated the people supporting the resolution were angry about the election results and under the delusion that the democratic election process was only valid if their guy/gal/law won. She reported having her tires flattened and her Trump sign vandalized. She often hears how awful Trump is, commenting people have been misled and need to look further than what they have been told. She found the resolution very insulting, commenting no one is against human rights and this country is not against human rights. Ed Dorame, Edmonds, Chair of Diversity Commission, voiced support for the Safe City Resolution. He believed approving the resolution gives the Council the opportunity to send a hopeful message to the citizens of Edmonds that the City will condemn bullying, intimidation, profiling, harassment, or any other acts of hate that are based on age, faith, race, national origin, immigration status, gender identity, physical ability, ethnicity, housing status, sexual orientation, economic status, or any other social status. He posed several questions as examples: • Have you ever been harassed or bullied because of the color of your skin? Some citizens have. • Have you ever been told you do not belong in Edmonds because of your nationality or religion? Same citizens have. • Have you ever been harassed or bullied because of who you love and the person you married? This has happened and is a reality for some gay citizens. • Have you ever been not waited on or taken to the back of a restaurant because of your nationality or color of your skin. Some citizens have. • Have you ever been refused service by an Uber driver because they did not want your seeing eye dog in their car? This happened to a former Diversity Commission member. He also had a bus driver drive by him knowing he couldn't see and anticipating he would not make a ruckus. He concluded these are some of the stories he has heard this past year as a member of the Diversity Commission and he was sure there were many more stories. Although the resolution is mostly a symbolic gesture, it's important because it lets Edmonds citizens know that the Council believes Edmonds is a welcoming, inclusive and safe community for all who live, work and visit. He urged the Council to approve the resolution. Rhienn Davis, Edmonds, urged the Council to adopt the Safe City Resolution as this designation sends the important message that Edmonds welcomes diversity, respects and loves all people regardless of ethnicity, lifestyle, creed or religion. Multicultural families like hers and those of her friends and neighbors live this message daily and wish to make it a formal declaration. Regardless of one's political leanings, living in fear of those we deem "others," people who may not look, believe or even speak like we do, only serves to isolate and divide the community and encourage discrimination. She urged the Council to send the message that Edmonds is a loving, diverse, inclusive community by designating Edmonds as a safe city. Julie Shayne, Edmonds, an 11 -year resident with 2 children in the Edmonds School District, and a professor at the University of Washington Bothell, thanked Councilmember Fraley-Monillas for introducing this resolution. She did not think the resolution goes far enough and despite what another speaker said, it is not a sanctuary resolution. She said Edmonds as well as the State of Washington should declare themselves as sanctuaries. She said the Southern Poverty Law Center received 1,094 reports of bias -related incidents in the month immediately following the election. The student body at UW Bothell is incredibly diverse with respect to race, ethnicity, social class and citizenship; she has been terrified for her students, especial her Muslim women and undocumented students. No one should have to live in fear simply because of the way they look, the religion they practice or the nations from which they hail. The Safe City Resolution is entirely symbolic, but in the face of such a real climate of hate, a citywide statement of safety matters. She read two points from the resolution, written in their opposite form, and asked Councilmembers to think about whether that was that the City stood for, "We do not recognize an Edmonds City Council Approved Minutes January 10, 2017 Page 9 uphold the rights of individuals to be treated fairly and to live their lives with dignity free from discrimination or profiling because of their faith, race, national origin or immigration status. We strongly support bullying, intimidation, profiling, harassment, or any other acts of hate that are based on age, faith, race, national origin, immigration status, gender identity, physical ability, ethnicity, housing status, sexual orientation, economic status, or any other social status." If those revisions sound offensive to the Council, she urged them to support the resolution as presented as a non-partisan vote of empathy and compassion. 7. STUDY ITEMS 1. RESOLUTION DECLARING EDMONDS A SAFE CITY Councilmember Fraley-Monillas read the resolution into the record, commenting there has been a lot of misinformation in the past 4-5 days regarding the resolution: A resolution declaring the City of Edmonds to be an equitable, safe, and inviting community for everyone who lives in, works in, and visits Edmonds WHEREAS, as City Council of the City of Edmonds, it is an honor and privilege to serve our community, and it is our utmost responsibility to uphold the rights and freedoms of the families and individuals we represent, and WHEREAS, we have heard from community members who have concerns about their safety and wellbeing and the safety and wellbeing of their family members, friends, and neighbors, and WHEREAS, with this Resolution, we affirm the following commitments to our residents: • We believe that the strength and vitality of our community comes from our rich diversity of cultures, experiences, and faiths and we celebrate thatdiversity. • We recognize and uphold the rights of individuals to be treated fairly and to live their lives with dignity, free from discrimination or profiling because of their faith, race, national origin, or immigration status. • We are committed to ensuring that Edmonds remains a welcoming, inclusive, and safe communityfor all who live, work, and visitEdmonds. • We strongly condemn bullying, intimidation, profiling, harassment, or any other acts of hate that are based on age, faith, race, national origin, immigration status, gender identity, ability, ethnicity, housing status, sexual orientation, economic status, or any other social status. • We will continue to work, in cooperation with our community partners, to ensure our services and social programs are accessible and open to all individuals. • We believe that, as elected representatives of the people of Edmonds, we have a special responsibility to speak out against hate and discrimination against any of our residents, and we choose to be a leader in protecting human rights, equity, public safety, and social wellbeing; and WHEREAS, in furtherance of the above-cited commitments, we created the Edmonds Diversity Commission in 2015 and continue to support the Commission's programs and activities intended to carry out its mission, which is codified at ECC 10. 65.040 as follows: A. Serve as a commission for city government and the community byproviding information, education, and communication that facilitates understanding of diversity and to celebrate and respect individualdierences. B. Recommend to the mayor and city council diversity opportunities to promote programs, and provide guidance to assure an accessible, safe, welcoming and inclusive government and community. C. Support, challenge, and guide government and the community to eliminate and prevent all forms ofdiscrimination. Edmonds City Council Approved Minutes January 10, 2017 Page 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL as follows: Section 1. The City Council is committed to making Edmonds an equitable, safe, and inviting community for everyone who lives in, works in, or visits Edmonds. Section 2. The City Council is committed to joining with the people of Edmonds in opposing hate, violence, or any acts of intolerance committed against our community members. Section 3. The City Council is committed to continuing our work to reach out to and connect with all members of our community to ensure that our programs and services are accessible and open to all individuals. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADOPT RESOLUTION NO. 1381, A RESOLUTION DECLARING THE CITY OF EDMONDS TO BE AN EQUITABLE, SAFE, AND INVITING COMMUNITY FOR EVERYONE WHO LIVES IN, WORKS IN, AND VISITS EDMONDS TO Councilmember Fraley-Monillas said she was sorry Ms. Davig had her personal possessions vandalized, stating Edmonds was no place for that regardless of which side someone is on any issue; violence and harassment was not acceptable. As a member of the Diversity Commission, she proposed this resolution due to a number of vandalism incidents in Edmonds in schools and on private property by individuals "splurting" hate. The resolution is one way the Council can stand up for citizens' expectation that the Council stands against that kind of behavior. Councilmember Buckshnis thanked everyone who attended the meeting and those who spoke. She read all the emails; after being gone for the weekend, she returned to find 78 emails. She noted some may have confused sanctuary city with safe city. She thanked Councilmember Fraley-Monillas for bringing the resolution forward. She supported the resolution which is intended for all to feel safe. Councilmember Teitzel agreed everything Edmonds does should be based on the notion of acceptance, respect and inclusion. Whether someone is a resident or visitor, they deserve human dignity. He asked for clarification that the intent of the resolution was not intended to be a Sanctuary City Resolution. Councilmember Fraley-Monillas agreed. Councilmember Teitzel asked Councilmember Fraley-Monillas the practical effect of the resolution, whether the Police Department would be asked to take any particular action. For example, some cities have said they will not do the federal government's work with regard to monitoring whether an immigrant is documented or not. It was his understanding the resolution did not address that issue. Councilmember Fraley-Monillas said the resolution is not a Sanctuary City Resolution. With regard to what the Council will do, the Council will write articles, call department heads, and do whatever needs to be done to protect citizens; the resolution does not give direction to anyone except the City Council. Councilmember Teitzel said he also received a large number emails, many in support and some in opposition who were concerned about sanctuary city. He emphasized this is not a Sanctuary City Resolution; it is a Safe City Resolution and he supported the resolution's vision of acceptance, respect and inclusion. Council President Pro Tem Nelson thanked Councilmember Fraley-Monillas for introducing the resolution, finding it very timely and important and he wholeheartedly supported it. He shared an excerpt from an Edmonds citizen's email who had concerns about the resolution, "I strongly feel Edmonds should fix potholes, balance the budget and keep the water flowing and not concern itself with social engineering. If some Edmonds residents want to help out undocumented non -citizens, they can quietly invite them to live in their homes, not involve City government in their mission." To that person, Council President Pro Tem Nelson said this is America, we don't leave people on the side of the road. We lend a Edmonds City Council Approved Minutes January 10, 2017 Page 11 hand, we help one another, we love thy neighbor. A city government does not get to choose who to help, we are obligated to protect all who come into the city limits, especially those who need more protection, not less. Those that are currently being targeted because they look different or sound different, are being harassed, threatened and hurt. People in our city and in neighboring communities have been exposed to hatred from perfect strangers because of their race. Some bystanders have sat silently witnessing this; others have looked the other way. Any community who has suffered acts of hate will tell you, silence signals acceptance. He assured he would not be silent and look the other way; he will speak up for those who are afraid to speak, stand up for them and say, you are in Edmonds now, our city is safe for all our residents regardless of their race, religion, ethnicity, sexual orientation or immigration status. For anyone who wants to spew hate and fear, he will tell them to go somewhere else, not in our town and not on my watch. Councilmember Tibbott said the resolution affirms what he has seen in every Councilmember; although Councilmembers have differences and voice them with energy, the Council stands for and affirms the statements in the resolution. He was proud to support the resolution, and was thankful if he stood to stop an incident, his fellow Councilmember would be with him. He was concerned there would be an implication on law enforcement and inquired with Police Chief Compaan whether the resolution would have any impact on law enforcement. Chief Compaan said no, and stated in all the years he has worked in Edmonds, there has never been a sustained complaint of any discriminatory or profiling activity; it is simply not part of the culture of the agency. The Edmonds Police Department has a diverse police force with various ages, colors and persuasions. Councilmember Tibbott said he also received many emails including some who wanted to go further and adopt a sanctuary statement. He urged those citizens to continue to lead the way, do their work as a private citizens, invite refugees and immigrants into their homes, do what they can as a citizen and involve their neighbors in extending the rights and privileges of American citizens. Councilmember Johnson thanked everyone who attended tonight's meeting and those who expressed their views. She received 53 emails and comments of which 10 were absolutely opposed. Part of the opposition was they did not want Edmonds to be a sanctuary city, they did not want Edmonds to be lawless, ignore federal laws and harbor illegal refugees. She assured that is not what this resolution is about. The resolution is a baby step, reaffirming the values and the general nature of the City of Edmonds, the friendliest city in the state that has always been tolerant and welcoming. She hoped everyone would leave the meeting with a sense of inclusion. She expressed her support for the resolution. Councilmember Fraley-Monillas encouraged the public to read the article Police Chief Compaan wrote about a month ago in the local newspaper. She has heard the call for a sanctuary city and urged one step at a time, slow down and consider what you are really trying to improve. She anticipated the issue of a sanctuary city could arise in the future as another Councilmember was interested in forming a sanctuary city. She thanked the audience for attending, recognizing how hard it is to attend on a weeknight. She appreciated the members of other cities who attended, commenting all as one is how we will make the world a better place to live. MOTION CARRIED UNANIMOUSLY. Mayor Pro Tem Mesaros declared a brief recess. 2. INTERLOCAL AGREEMENT WITH SNOHOMISH HEALTH DISTRICT Economic Development/Community explained the Snohomish Health District, founded in 1959, provides public health-related services throughout Snohomish County. From 1967 until the early 1990s local municipalities provided per -capita contributions to help fund the Health District, after which time the Edmonds City Council Approved Minutes January 10, 2017 Page 12 County assumed financial responsibility for the Health District, relying on a portion of Motor Vehicle Excise Tax (MVET) revenues. In 2000 the Washington State Legislature repealed the MVET and backfilled only 90% of the lost public health funds. As a result, together with population growth, inflationary costs for services, etc., the Health District has experienced a 22% decrease in funding since 2005 while the county population has increased by 14% since then. Consequently, the Snohomish Health District ranks 34th out of 35 local health districts in the state. In order to continue to provide vital public health-related services to communities throughout the County, including Edmonds, in 2016 the Health District approached the County and each of the cities with a request for a per -capita financial contributions for 2017. As a result of deliberations during the budget process, the Council -approved 2017 Budget includes an appropriation of $40,900 (equaling $1 per capita of the Edmonds population per the April 2016 OFM population estimate) to the Snohomish Health District. The attached Interlocal Agreement between the Snohomish Health District and the City of Edmonds formalizes the City's contribution to the Health District for 2017, with no additional future commitment at this time. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE INTERLOCAL AGREEMENT WITH SNOHOMISH HEALTH DISTRICT AND AUTHORIZE MAYOR EARLING TO EXECUTE THE AGREEMENT. Councilmember Fraley-Monillas reported she was elected Chair of the Health District for 2017 and will be able to provide information later this year regarding the Health District's finances. She summarized things may be improving. MOTION CARRIED UNANIMOUSLY. 3. EDMONDS FISHING PIER OWNERSHIP Parks & Recreation Director Carrie Hite explained this is the first discussion at Council to consider ownership of the Edmonds Fishing Pier. The City has been in partnership with the Washington Department of Fish and Wildlife (WDFW) since 1976 for operation of the pier, originally a three-way partnership between the Port, City and WDFW. The fishing pier was originally on Port property and is now located on an WDFW easement. WDFW built the pier and the City has maintained it since 1976. WDFW has been interested in giving the fishing pier to the City of Edmonds. Although the pier has been a huge asset to the community, the City declined discussions about ownership in recent years due to the need for capital repairs. Following a successful partnership with WDFW over the past 3-4 to secure $1.9 million to make the necessary repairs, the City is in a better place to consider ownership of the pier. The biggest benefit to the City in taking over ownership is local control. When funding was being sought for the repairs during the past 3-4 years and when a funding source for costs overruns was unknown, WDFW mentioned closing pier if it could not be repaired. Closing the pier would be huge a loss to the waterfront and downtown community. The repairs are nearly completed with the exception of 1-2 punchlist items. She sought direction from the Council whether to explore transfer of the fishing pier with WDFW and to present the Council appropriate paperwork. She displayed several photographs of rehabilitated pier and relayed an anecdotal story that during squid fishing season the past month, there have been 300-500 people on the pier at night between 8 p.m. and 2 a.m. fishing for squid which required staffing. It is a hugely popular pier, provide opportunity for a lot of fishing and it brings people to Edmonds. Councilmember Teitzel asked what happens if the City declines to take ownership of the pier and it is subsequently damaged, whether the State would demolish it. Ms. Hite answered the pier has another 40 year lifespan due to the repairs that were made. At the end of 40 years, it would be up to the State whether Edmonds City Council Approved Minutes January 10, 2017 Page 13 to pursue grants to repair it again. At that point, there would be discussion similar to what has occurred over the past couple years when WDFW said they would close the pier unless funding could be identified for the repairs. Councilmember Teitzel asked what additional capital expenses the City would be obligated to if the City takes over ownership. Ms. Hite answered neither the City nor WDFW have made any major capital contributions since 1976. The City does the daily maintenance including replacing some electrical wiring, plumbing, and benches. The primary capital cost of the pier is the structure; now that the structural rehabilitation has been completed, the pier is expected last another 40 years. She did not expect a large amount of capital investment over the next 40 years. In 40 years the City will need to identify funding such as pursuing grants. The pier is a regional asset and as one of last fishing piers on Puget Sound from Seattle to Everett, there is a great deal of support from the State. Other options include setting aside capital funds annually so that funds are available for rehab in 40 years or continuing to maintain it and in 30 years, begin a process of identifying a financial package to rehab the pier. Councilmember Fraley-Monillas commented when cleaning out her refrigerator today, she discovered a bowl of squid. She acknowledged the dock is well used for crabbing, shrimping, fishing for salmon and bottom fish, etc. Another advantage to City ownership of the pier would be the City establishing the rules. Ms. Hite agreed, noting it would still be under the jurisdiction of WDFW for licensing and WDFW will continue to enforce licensing. She agreed the City would have control of the hours, behavior on the pier, etc. Councilmember Fraley-Monillas said the fishing pier is an asset to the City; hundreds use the pier, many of whom come into the city and spend money. Council President Pro Tem Nelson said the fishing pier is a wonderful addition to City. The City already maintains it and might as well have local control of it. The pier has just been retrofitted and he supported the City doing whatever it could to acquire it. Councilmember Johnson said she is very fond of the fishing pier, having spent many long nights jigging for squid with young relatives. She inquired about a more balanced cost benefit analysis, expressing interest in more information about liability. She referred to recreational immunity and inquired who had that liability now. She was also interested in the cost to maintain the pier over 40 years, commenting the fact that it was not maintained for 40 years resulted in a large expenditure at the end for the retrofit. Ms. Hite assured the City has been maintaining the pier for the past 40 years. Councilmember Johnson suggested if major reconstruction is anticipated, the City should set aside funds. Ms. Hite agreed that was a policy question for the Council. Councilmember Johnson asked if the City's ownership of the pier would require more security and who provides that, the Parks Department or the Police Department. She supported the function the pier provides, an opportunity to fish for people without a boat. Ms. Hite answered the City's ownership of the pier would not require any more security than it does today. The City currently operates, maintains and secures the pier; WDFW is an absent owner. The pier is covered under the recreational immunity law; a claim made a year ago from a person who fell on the pier was rejected by WCIA due to recreational immunity. With regard to a cost benefit analysis, staff could provide the cost of annual maintenance as well as cost out the $1.9 million over 40 years and how much would need to be set aside annually. Ms. Hite summarized the Council's direction was to explore City ownership with the State and bring back financial information as well as information to authorize the transfer of ownership. 4. PRESENTATION OF THE SNOHOMISH COUNTY HAZARD MITIGATION PLAN Edmonds City Council Approved Minutes January 10, 2017 Page 14 Public Works Director Williams explained the City has been working on an Edmonds -specific Hazard Mitigation Plan (HMP). The City recently applied for a FEMA grant; the City needs to have an approved HMP to be eligible for the grant. Jason Biermann, Director, Snohomish County Department of Emergency Management, provided an overview of the County's planning process: • Snohomish County process began in mid -2013 • Snohomish County initial mitigation planning in 2005 • Plan required to be updated every five years o Updated in 2010 o Process began in 2013 to update the plan with anticipation of completion in 2015 • Plan is not regulatory or binding o Depending on the city, has no inherent fiscal connotations o Merely a vehicle for jurisdictions to reduce vulnerability to disasters o Opportunity to build resilience within the community o Opportunity for communities to leverage each other • Snohomish County's Plan is multijurisdictional o 38 planning partners, led by Department of Emergency Management in conjunction with Snohomish County Public Works Department • 18 jurisdictions/municipalities including Tribal entities • 16 special purpose districts • Current status of plan o FEMA approved Edmond's Annex to the Snohomish County HMP, pending local adoption • Goals of multijurisdictional team o Reduce natural hazard related injury and loss of life o Reduce property damage o Promote a sustainable community o Maintain, enhance and restore the natural environment's capacity to absorb and reduce the impacts of natural hazard events o Increase public awareness and readiness for disasters. Stormwater Engineering Technician Mike Cawrse explained the previous HMP was developed by a consortium of south Snohomish County and north King County cities and coordinated by ESCA. That plan expired in 2014. He reviewed: • Plan development o Kick off meeting with county, directors ■ Risk rating — Occurrence X impact to people/property/economy o Write the Plan • Review initiatives from previous HMP • Develop new initiatives • Prioritize and compile o Open house — public comment o Review of Plan by county, state, FEMA o Adoption by Council • Risk priorities TABLE 6.2 Hazard Risk Rankin Rank Hazard Type Risk Rating Score (Probability X Description of Risk Impact) (Describe the community impacts) 1 Earthquake 54 Property damage to buildings and infrastructure Edmonds City Council Approved Minutes January 10, 2017 Page 15 2 Severe Weather 48 Property damage due to extreme winds, rain, and 1 floodingl 3 Climate Change 18 Flooding and property damage due to sea level rise along shorelines and waterfront/downtown 3 Flood 18 Flooding and property damage along urban creeks, Lake Ballm:61er_. shorelines and waterfront/downtown 3 Landslide Mass/ Movement 18 Property damage/loss in landslide hazard area in North Edmonds and along critical/steep slopes 4 Tsunami/Seiche 12 Property damage and flooding along shoreline and waterfront/downtown 5 Volcano 9 This risk rating pertains to ash fallout.. N/A Avalanche 0 N/A Dam Failure 0 N/A Wildland Fire _ 0 Plan Initiatives — Table 6-7 0 23 projects; 14 from previous plan, 9 new o Programs and projects from all Departments o Proposed to mitigate variety of hazards including earthquake, severe weather, and climate change o Range of costs, variety of funding sources o Includes ongoing programs as well as short and long term proposals FEMA Hazard Mitigation Grant — Dayton/SR104 Stormwater Lift Station o Mitigate climate change, flooding, and severe weather o Installed to reduce flooding in Harbor Square/Dayton St., ferry terminals, Port of Edmonds o Preliminary cost estimate of $1.5 million o Grant application for $500,000 o FEMA -approved HMP required o FEMA currently reviewing Mr. Williams said the next step is adoption of the resolution in the packet. A public hearing on the resolution and Council approval of the resolution is scheduled at next week's Council meeting. Minor tweaks can be made to the resolution; a few changes submitted by Councilmember Teitzel will be incorporated into the Plan. Major changes would require the Plan to be reviewed again by FEMA which he preferred not to do. The City's HMP must be approved by the City Council for the City to be eligible for grants. Council President Pro Tem Nelson recalled following last year's disaster drill, Cascadia Rising, the largest disaster drill ever done in the Pacific Northwest, Washington State officials said we're grossly and inadequately prepared in terms of planning and now individual citizens/residents should be prepared to provide themselves with food and water for two weeks. He acknowledged earthquake was the number one threat in Edmonds and asked if that was considered in mitigation planning. Mr. Biermann answered the Cascadia subduction zone is a large consideration in the State. He also highlighted the Crestal Fault Line, the South Whidbey Fault Line, noting study, analysis and exercises began in 2010. Quite a bit of work has been done on earthquake preparedness and response, including in the HMP, to minimize the effect of an earthquake. The Cascadia Rising outcomes were reflective of the State's realization of how epic a catastrophe that would be; local planning for earthquakes began years ago as reflected in the HMP and in response and recovery plans. Councilmember Buckshnis relayed the materials indicate the Emergency Response Plan was adopted in 1981 and updated in 1998 and questioned whether that needed to be updated again. Mr. Williams said that was updated more recently, approximately three years ago. Councilmember Buckshnis relayed the Edmonds City Council Approved Minutes January 10, 2017 Page 16 document refers to the update adopted by Ordinance No. 3196. Mr. Williams said there are several documents associated with this topic including the Disaster Degree Management Plan, emergency preparedness, etc. They overlap and interrelate but are distinctive from a planning standpoint. This is the hazard mitigation piece, identifying things that could be fixed, strengthened, etc. so that when an event happens, there is less damage. Councilmember Buckshnis relayed her interest in the educational aspect of emergency preparedness. Mr. Williams said it was obvious at the public meeting, despite best efforts to distinguish hazard mitigation from emergency preparedness, a lot of the questions were related to preparedness and what do during/following a disaster but were not germane to the development of the HMP. Mr. Biermann said this plan covers a distinct phase of emergency management, reducing vulnerability. His staff met with Chief Compaan during the last year to discuss the City's Emergency Response Plan and the Comprehensive Emergency Management Plan. Councilmember Buckshnis summarized some of the dates and reference to ESCA in the document may need to be updated. Councilmember Tibbott asked whether seismic retrofits would happen in the context of the CIP or in the HMP. He acknowledged some of the City's buildings were not constructed with earthquakes in mind. Mr. Williams agreed, noting the best example is the Frances Anderson Center, built in 1929 although it has had some seismic retrofits. Staff has also considered the vulnerability of the utility infrastructure and makes improvements as they are possible. Some of the City's newer buildings have a higher level of compliance for seismic vulnerability. Councilmember Tibbott asked about the plan for seismic retrofits. Mr. Williams explained as an example, during preliminary engineering for a coating project for the Five Corners reservoirs, the seismic design was researched to determine necessary updates. It was difficult to find the relevant documents and there was concern at times that one or more of the reservoirs would need to be torn down. Staff recently found sufficient documentation to avoid that and will continue with the coating project. He summarized it is facility by facility and asset by asset. As those projects are identified, they will be added to the CIP. Councilmember Tibbott summarized his understanding was seismic retrofits were part of the maintenance schedule. Mr. Williams answered often it can be delayed until the asset is replaced or has a major upgrade. Mr. Biermann said the HMP allows Edmonds to compete for mitigation funding for those projects. Mr. Williams referred to the City's waterline replacement program, most of which are cast iron. In an event like was anticipated in Cascadia Rising, cast iron pipes could shatter. As that replacement program proceeds, more of the City's waterlines will be ductal iron pipe which is far more resistant. Councilmember Johnson referred to the $500,000 grant and asked the source of the other $1 million. Mr. Williams said the project is at 60% design and it is assumed construction will be $1.5 million. The City has already secured $500,000 via a low interest loan from Snohomish County and the remaining $500,000 will come from currently available stormwater rate revenue. Councilmember Johnson asked the timeline for implementation. Mr. Williams anticipated design will be completed in the first half of 2017 and a request for bids will follow. Councilmember Johnson referred to Table 6.3, Legal and Regulatory Capability, noting three subject areas indicate there is not an adopted plan, the first, a Floodplain or Basin Plan. Mr. Cawrse said Building Inspector Leif Bjorback said the City does not have those plans. Councilmember Johnson pointed out the table is intended to indicate regulatory capability and she was interested in the local regulatory capability. She recalled discussions a few years ago about doing a floodplain analysis for the Edmonds Marsh but those funds were reallocated to another project. That would be important information especially due to efforts to daylight Willow Creek and improve stormwater controls. Mr. Williams said the project is identified in the HMP. The pump station will assist with structure flooding in that area and will score well in the grant process. Mr. Cawrse said one of initiatives is to seek updated floodplain information. Edmonds City Council Approved Minutes January 10, 2017 Page 17 Development Services Director Shane Hope said there are floodplain regulations in the building code. Mr. Cawrse offered to confer will Mr. Bjorback. Councilmember Johnson commented Table 6.3 also indicates there is no adopted habitat conservation plan and suggested that be investigated further. The table also indicates there are no adopted regulations related to real estate disclosure. Mr. Cawrse offered to research. Councilmember Johnson commented the highest ranked projects are related to climate change, flood and severe weather which she found a good focus due to the City's location in a seismically active and coastal area. Councilmember Teitzel observed the hazards in this context are natural disasters. He noted another hazard in Edmonds is the explosion of an oil train on the waterfront. He asked if there was a nexus in planning for natural hazards and a hazard such as an oil train explosion. Mr. Cawrse advised that would be addressed in the Emergency Preparedness Plan as it would be related to response versus planning. Mr. Biermann said there was a conscious decision made with the HMP to focus on natural hazards. 5. REVIEW OF APPOINTMENT PROCESS IN CHAPTER 10.95 ECC FOR TREE BOARD Development Services Director Shane Hope Tree Board explained staff is seeking direction to amend the code to clarify the Tree Board appointment process. The Edmonds Citizen Tree Board was created in late 2010 by an ordinance codified in the Edmonds municipal code as Chapter 10.95. Per the code, each City Councilmember was to appoint one citizen to the Tree Board and the Council President or Mayor would appoint an alternate. For the first two years, it appeared this process was followed. Then a new process began that was not consistent with the code whereby the full Council appointed each Tree Board position that arose. Another issue is the term of appointment; the existing code language is somewhat confusing, in one place stating subsequent terms will be four years and also stating each subsequent term shall conform with the appointing Councilmember. The packet contains the existing code chapter as well as the appointment history and several questions to guide revisions to the code such who makes appointments (individual Councilmembers or full Council), term of appointments (2 or 4 years or tied to the appointing Councilmember), and whether the number of terms are limited. If the Council wants to have the full Council make appointments, consideration could also be given to whether to continue with the same number of Tree Board members. Councilmember Buckshnis said her preference is no term limits, using the example of Dale Hoggins who served on the Cemetery Board for 20 years. With regard to the appointment process, she had no problem with each Councilmember making an appointment but also would not have a problem with the Tree Board selecting board members which is done by the Diversity Commission. Councilmember Fraley-Monillas inquired about the process for removing a board member if there were no term limits. Ms. Hope answered it would be the same process for all boards and commissions such as unexcused absence or other inappropriate action. Councilmember Fraley-Monillas asked what the Tree Board wants to do. Ms. Hope answered they were not asked because it was viewed as a Council decision. All the existing Tree Board members are enthusiastic and interested in continuing. There are currently seven members; the appointments of four have expired and one position and the alternate are vacant. She suggested once the code is revised, the four board members be reappointed to clarify their terms. Councilmember Fraley-Monillas said one of reasons the Diversity Commission appoints their own members is to ensure there is balance. The Diversity Commission is the only commission that self - appoints. Edmonds City Council Approved Minutes January 10, 2017 Page 18 Councilmember Tibbott referred to code language regarding board members having interest/experience in in urban forestry, horticulture, etc. and could be arborists, botanists, horticulturists, etc. As the Tree Board is also involved in community engagement, planning events and has an educational component, he suggested in addition to those interests, it may be valuable to have board members with the capability/interest in community engagement. He recommend adding that to the list of experience/interest. Councilmember Tibbott asked what size board would be the most functional for carrying out the Tree Board's mission, envisioning 7-9 members may be larger than necessary. He would be completely satisfied with appointments being made by Council at large versus by individual Councilmembers. With regard to term limits, Councilmember Tibbott said it may be beneficial to have a reapplication every four years to allow new members to interject new vision and interest into the Tree Board. In his experience serving on boards with members with unlimited terms, some lost imagination, strategic vision, etc. after a period of time. Ms. Hope explained currently, at the end of their term, existing board members are invited to continue. If they wish to continue, the renewal is forwarded to the appointing person. Some members have chosen not to renew. That issue is addressed under the existing code. Councilmember Tibbott asked about opening the opportunity for other citizens to participate. Ms. Hope said there is always opportunity for the public to participate. Councilmember Tibbott asked Councilmember Buckshnis if the reappointment process had been working for the Tree Board. Councilmember Buckshnis said the Tree Board has had a revolving door; there has not been a lot of consistency. One person who has been on the board for more than two years would like to stay another few years. She preferred if a board member wanted to remain, they be a]lowed to continue. During the past year, the Tree Board removed two members due to absences. The Tree Board seeks help from citizens for events like Arbor Day. Councilmember Johnson did not have a preference and preferred to do what was expedient. Her overriding concern was the inconsistency between all boards and commissions and preferred to continue to finetune so that there was more consistency. She noted the Arts Commission also self -nominates. Whatever works now for the Tree Board was okay with her but she wanted the appointment process for all to be consistent. She suggested the Council/Legislative Assistant could do an analysis of all boards and commissions. Ms. Hope commented it would be appropriate to research the City's codes regarding boards and commission but not necessarily all at once. She pointed out it was a delicate balance and there were reasons not to have consistency. Another issue with the Tree Board is the meeting location is not specified in the code; the location needs to be specified so meetings are not considered special meetings. Councilmember Johnson said the analysis would be helpful to remind the Council who makes the appointments. Ms. Hope said most boards and commission have a staff member who takes the lead in preparing information. For a while the Tree Board did not have that consistency; there is now a process but some gaps in the code need to be clarified. Council President Pro Tem Nelson commented if all Tree Board members had been serving for ten years, he might be interested in term limits. However, turnover provides an opportunity for new board members and he did not find term limits necessary. With regard to the one -size -fits -all approach, he recognized some differences may be necessary. Ms. Hope asked for consensus regarding who appoints Tree Board members, whether individual Councilmembers or the full Council. Councilmember Buckshnis reiterated the most important thing was not having term limits. Either way of making appointments was okay with her. Edmonds City Council Approved Minutes January 10, 2017 Page 19 Ms. Hope relayed what she heard was continuing with individual appointments, four year renewable terms, no limit on the number of terms, and any technical corrections such as adding the meeting location. Councilmember Fraley-Monillas suggested instead of individual Council appointments, the Council confirm appointments. She had no opinion regarding whether they self -appoint or submit an application. Councilmember Tibbott asked what was the right size for the Tree Board. If the right number is seven, each Councilmember can make an appointment. The Board may prefer to self -appoint based on experience/education as individual Councilmembers may not have enough knowledge of Tree Board activities to know what expertise is needed. Councilmember Fraley-Monillas clarified her suggestion was not individual Council appointments. She preferred to use the same process that is used for most appointments where the Council confirms appointments. With regard to the size of the board, she recalled in the past, it was rare that more than 4-5 members attended meetings. Councilmember Buckshnis commented board members attend most meetings. Councilmember Johnson relayed her understanding she would appoint the vacant position for a four year term. Ms. Hope said Councilmember Johnson could make the appointment tonight and after the code is adopted, all the positions could be reappointed. In the interim, the Board is not taking any official action. Councilmember Buckshnis preferred once an individual Councilmember selects someone, the Council interview the person and they are confirmed on the Consent Agenda. Councilmember Tibbott recalled for the Planning Board vacancy, a notice was published, citizens applied and were interviewed by Mayor Earling, Mayor Earling made a recommendation, and the individual was interviewed and confirmed by the Council. Ms. Hope said there are 2-3 different ways commission/board members are appoint. For example, some are interviewed by the Mayor and confirmed by the Council; for the Economic Development Commission, individual Councilmembers make appointments. Councilmember Tibbott asked what would work best for the Tree Board, individual Councilmember appointment or the process used for the Planning Board. Councilmember Buckshnis commented the easiest would be to have individual Councilmembers appoint Tree Board members and the alternate selected by the current Council President. Once the selection is made, the person can meet with the Council and the appointment confirmed. That process was the consensus of the Council. 6. DEPARTMENT OF ECOLOGY RECOMMENDATION LETTER Mayor Pro Tem Mesaros relayed the City received a letter from the Department of Ecology today regarding the Shoreline Management Program. The January 24 agenda includes a presentation from Ecology on the letter. Development Services Director Shane Hope relayed Ecology staff briefed her, Senior Planner Kernen Lien, Mayor Pro Tem Mesaros and Council President Pro Tem Nelson. The letter received today states Ecology is okay with the recommendations from City Council regarding proposed changes to the draft SMP other than the buffers affecting the Harbor Square area where Ecology would like to have something more flexible at this stage and lock in more certainty with scientific study at the time of a development proposal. In some ways that corresponds to what was said by the public and Councilmembers, having a site specific, science based study without locking in the exact buffers in the plan. That would be subject to Council discussion. Ecology has requested a response by March 30, 2017. Ecology is eager to get the City's SMP updated; the current SMP is dated 2000, 17 years old. The SMP followed a huge amount of work and is acknowledged by nearly everyone to be of high quality, helping to improve conditions in the Edmonds City Council Approved Minutes January 10, 2017 Page 20 community to deal with climate change and other issues. Ecology staff will be present to explain and answer questions at the January 24 meeting and the Council can decide how to proceed. Councilmember Johnson recalled during the SMP process a new report was discovered and it was agreed consideration needed to be given to updating the Critical Area Ordinance (CAO). She asked about the timeline for that update. Ms. Hope assumed it would be done mid -late 2017 because there are so many other things going on. Perhaps at the retreat, the Council could discuss how it ranks with other priorities. Mayor Pro Tem Mesaros requested all Councilmembers be provided a copy of Ecology's letter. Ms. Hope advised the letter was emailed to all Councilmembers and staff also issued a press release. 8. ACTION ITEMS AUTHORIZATION TO PURCHASE - 2017 ALTEC 40FT BUCKET TRUCK Public Works Director Phil Williams advised this is a normal replacement of a vehicle with a 17 -year old lift. The new bucket truck will be purchased from Altec with funds in 511B replacement fund. The cost including shipping is $131,300. The reason for accomplishing this at one meeting is the truck has a 330 day build quote and the intent is to have it done by the end of 2017. Council President Pro Tem Nelson asked why it takes 330 days to build the bucket truck and whether it will be customized. Mr. Williams answered none of the trucks are built in advance. Most City vehicles include custom options. Lynnwood bought the same truck last year through this national purchasing organization. The truck could be purchased under the Washington State contract but this method was less expensive. Councilmember Teitzel observed the truck will be slightly larger than the truck it replaces. Mr. Williams agreed. Councilmember Teitzel asked if there were jobs that could not be done with the smaller truck. Mr. Williams answered yes, recalling changing the lights in two sets of signals on Highway 99 required the lift to be straight up and the technician to stand on three telephone books, not a safe situation. The new truck has four more feet of lift, making changing the lights in those signals much safer. There are more and more uses for this equipment including exterior maintenance on City buildings, decorating the Christmas tree, etc. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AUTHORIZE THE DEPARTMENT OF PUBLIC WORKS TO PURCHASE (1) 2017 ALTEC BUCKET TRUCK FROM ALTEC THROUGH NJPA PURCHASING GROUP UNDER NJPA CONTRACT #031014 -ALT. MOTION CARRIED UNANIMOUSLY. 9. MAYOR'S COMMENTS Mayor Pro Tem Mesaros commented his debut performance as Council President was actually as Mayor Pro Tem and said he enjoyed running tonight's meeting. As Council President, he appointed Gail Lovell as the Tree Board alternate under the current process. He was pleased to serve as the Council President and was working on the agenda for the upcoming retreat. He invited input on retreat topics. 10. COUNCIL COMMENTS Council President Pro Tem Nelson commended Mayor Pro Tem Mesaros for his smooth operation of the complicated sound system. Edmonds City Council Approved Minutes January 10, 2017 Page 21 Councilmember Teitzel echoed Council President Pro Tem Nelson commendation of Mayor Pro Tem Mesaros. Councilmember Teitzel reported on a presentation by the Department of Ecology last week sponsored by the League of Women Voters regarding the 2015 Oil Transportation Safety Act, HB 1449 that was enacted in October 2016. HB 1449 provides for advance notification to first responders when oil is transported on railways. First responders need to request they be informed; he will follow up with FDI. The HB also provides for an equipment cash grant program so that equipment and supplies can be pre - staged in areas along the railway with dense population clusters to allow quick response. This is a unique bill in the nation. Councilmember Tibbott reported on an emergency preparedness meeting he attended hosted by FDI and a newsletter he is now subscribed to. He recommended Councilmembers and citizens subscribe to FD 1's newsletter that describes how families can prepare for emergencies. One of the simple items on the to-do list is to get to know your immediate neighbors and learn their skill sets. Councilmember Johnson appointed Frank Caruso to a 4 -year term on the Tree Board. She and Councilmember Teitzel interviewed him; he is highly qualified, has a PhD in plant pathology, is a Snohomish County Master Gardner, is knowledgeable about botany, horticulture, plant pathology, entomology, soils, etc. and will be an excellent addition to the Tree Board. Mayor Pro Tem Mesaros thanked the citizens who attended tonight's meeting and voiced their thoughts regarding safe cities, the City Attorney for his presentation and staff for their presentations. 11. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i} This item was not needed. 12. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 13. ADJOURN With no further business, the Council meeting was adjourned at 9:54 p.m. DAVID 0. EARLING, MAYOR (;�5PASSEY, CITY I Edmonds City Council Approved Minutes January 10, 2017 Page 22