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.
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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.
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■ 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?
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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)
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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January 10, 2017
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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.
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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
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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.
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January 10, 2017
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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
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January 10, 2017
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