Loading...
20170214 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES February 14, 2017 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Thomas Mesaros, Council President Kristiana Johnson, Councilmember (participated by phone Michael Nelson, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember ELECTED OFFICIALS ABSENT Diane Buckshnis, Councilmember Adrienne Fraley-Monillas, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Jim Lawless, Assistant Police Chief Phil Williams, Public Works Director Shane Hope, Development Services Director Bertrand Hauss, Transportation Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk Andrew Pierce, Legislative/Council Assistant Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Marling in the Council Chambers, 250 5tb 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 Councilmembers Fraley-Monillas and Buckshnis. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO EXCUSE COUNCILMEMBERS BUCKSHNIS AND FRALEY-MONILLAS FROM THIS MEETING AND THE LAST MEETING. MOTION CARRIED UNANIMOUSLY. 3. APPROVAL OF AGENDA COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF FEBRUARY 7, 2017 2. APPROVAL OF COUNCIL MEETING MINUTES OF FEBRUARY 7, 2017 Edmonds City Council Approved Minutes February 14, 2017 Page 1 3. APPROVAL OF CLAIM AND PAYROLL CHECKS 4. CONFIRMATION OF LAURA BRAITHWAITE OTTO'S APPOINTMENT TO THE SISTER CITY COMMISSION 5. CITY PERSONNEL POLICY UPDATES 5. PRESENTATIONS/REPORTS 1. UPDATE ON ALLIANCE FOR HOUSING AFFORDABILITY Development Services Director Shane Hope explained the Alliance for Housing Affordability (AHA) is an interjurisdictional organization to which Edmonds belongs. Councilmember Tibbott currently serves as Edmonds' representative on the AHA Board. Chris Collier, Program Manager, Alliance for Housing Affordability (AHA) reviewed: • Introduction to the AHA o Need studied by SCT in 2009, AHA formally created in August 2013 o AHA's core mission: Facilitate the availability of housing within Snohomish county, meeting the needs of all income levels o Past Work by the AHA • Jurisdiction profiles • Assisted with Comp Plan housing elements ■ Jurisdiction dashboards o Work in the future • Help jurisdictions address their housing needs - Particularly for the 50-110% Area Median Income (AMI) bracket • Legislation tracking and updates ■ Outreach and education to community and government • Assist with research projects, presentations, and enhancing communication in the county • AHA Work Plan and budget o Data analysis • Reviewing the Census Bureau surveys and data - primarily American Communities Survey • Reviewing HUD data and policy documents • Research projects for jurisdictions o Technical expertise • Mapping (ArcGIS) • Web presence, programming, database management ■ Managing data gathering and automation projects for jurisdictions o Education and outreach • Presentations to councils and committees, working with community members to assist in connecting with the right people o Grants and Financial • Work to find funding for projects and new funding opportunities • Collaborative funding model similar to A Regional Council for Housing (ARCH) • The Alliance's budget request for FY2018 is $120,586 o The City of Edmonds is asked to contribute $3,841 of that • In practice: Data Analysis: o Many examples of data analysis work ■ On request: Highway 99 analysis of housing stock, affordability, and homeless services - Contributed to Edmonds' larger Highway 99 Area Plan Edmonds City Council Approved Minutes February 14, 2017 Page 2 - Included a phone survey of apartments in a specific area, and calls to homeless shelters and service providers ■ General research: Analysis of HUD and Census data - gaining clarity - Affordability now defined by HUD's "Seattle -Bellevue -Everett Metropolitan Statistical Area" - Tabulation of Census American Communities Survey data (more on that in Technical Expertise) • Independent analysis: Building Permit Survey • Units Permitted by Year 2012-2015 Snohomish County Jurisdiction Single Family Two Family 3-4 Family 5+ Family Arlington 114 10 0 16 Stanwood 135 0 0 47 Mill Creek 97 0 20 365 Lynnwood 72 0 0 338 Edmonds 162 10 0 43 Mukilteo 132 0 0 0 Marysville 566 6 3 846 Everett 469 26 4 671 Total 1747 52 27 2326 In Practice: Technical Expertise o A lot of data out there, but hard to put it into a complete picture o Snohomish County Assisted Rental Housing Inventory, last done in 2010 ■ Working with the County to bring that idea back ■ Develop this in a framework onto which more data can be placed ■ Similar to the profiles, develop data profiles for every jurisdiction • Develop a step-by-step guide to collect that data annually ■ Updated by (for example) an AHA intern in the summer months o ArcGIS Mapping - updating the housing profiles, other projects to increase visualization of county housing In Practice: Education and Outreach o Presentations like this one • Take updated profiles and other data/technical tools on the road to council and planning commission meetings ■ Small group meetings with city and county staff to inform, refine and update ■ Community meetings as well - Mandated by HUD's AFFH (Affirmatively Furthering Fair Housing) rule - Snohomish County is leading the AFH (Assessment of Fair Housing), but needs help with community outreach ■ Dispelling misconceptions about affordable housing Income Levels in Context Extremely Low Very Low Low Moderate Middle <39%AMI 30-50% AMI 50-80% AMI 80-110% AMI >110% AMI Teachers Social Workers Accountants Engineers Food Service Medical & Dental Real Estate Police Officers & Veterinarians Employees - Line Assistants, Home Agents & Brokers Firefighters Cooks, Servers, Health Aides Dishwashers, Baristas Manicurists Security Guards Graphic Architects Web Developers Designers Edmonds City Council Approved Minutes February 14, 2017 Page 3 In Practice: Grants and Financials o AHA currently not applying for grants to apply towards housing development o But happy to help members apply for, or review, grant and other financial applications o The end goal however, is collaborative funding, similar to ARCH in King County ■ Jurisdictions have the option to pay into the AHA through general fund, entitlement, fee waiver, surplus land donations, etc. ■ Applied regionally via loans and grants to developers to help get projects off the ground, in tandem with tax credits and other funding options • Typically assists with 1-4 projects annually Summary o Many paths to addressing housing issues in every jurisdiction, and every jurisdiction is different ■ Striking the right balance between the urban core and the missing middle ■ Done through zoning, code revision, ordinances, etc. • All this takes a lot of work, though o The AHA is here to help with this work so cities can meet their housing needs Councilmember Tibbott expressed appreciation to Mr. Collier for coming to the Edmonds Housing Task Force meeting. He asked how many cities participate in AHA. Mr. Collier answered there are 13 members; 11 cities, Snohomish County and the Housing Authority of Snohomish County. Councilmember Tibbott asked Mr. Collier to summarize the findings of the Highway 99housing survey. Mr. Collier said Highway 99 provides a range of rental unit prices. Most the units are one bedroom and tend to be in the upper price range which would price out 80% and lower AMI individuals although there are some more affordable units. Councilmember Tibbott expressed interest in providing that information to the Edmonds Housing Task Force Councilmember Tibbott referred to plans for collaborative funding via AHA and asked what the total grant pool would be. Mr. Collier said there have been preliminary discussion about collecting $500,000 on an annual basis from across the county. The rationale for those funds is when a developer applies for a loan, there are many requirements such as how long the units are held at an affordable rate, etc. His understanding in talking with developers is approximately $500,000 is the level where developers become interested and below that is more trouble than it is worth. The goal would be $500,000; it could be lower because it is somewhat less expensive to build in Snohomish County compared to east King County. Councilmember Teitzel commented churches and faith communities have been doing some work in the area of housing such as churches in Lynnwood who have provided property and built housing. He asked to what extent AHA was involved in the faith community and their efforts with the faith community's efforts. Mr. Collier answered he has not had many opportunities to reach out to the faith community; he viewed that as a great opportunity as the faith community is very interested in providing for populations in need. Enhancing collaboration across the county includes being a resource for the faith community when they are interested in assisting. He has had the opportunity to do a some of that in the past couple months but would like to do more. Councilmember Teitzel referred to tiny homes, recalling when they first were introduced 4-5 years ago, he thought they were a fad but has since realized they are here to stay. An Edmonds resident who wants to Edmonds City Council Approved Minutes February 14, 2017 Page 4 Hairdressers EMTs & Electricians Construction Paramedics Managers Childcare Receptionists Paralegals Registered Nurses Physical Workers Therapists Minimum Wage Construction Car Mechanics Loan Officers Financial Workers workers Advisors In Practice: Grants and Financials o AHA currently not applying for grants to apply towards housing development o But happy to help members apply for, or review, grant and other financial applications o The end goal however, is collaborative funding, similar to ARCH in King County ■ Jurisdictions have the option to pay into the AHA through general fund, entitlement, fee waiver, surplus land donations, etc. ■ Applied regionally via loans and grants to developers to help get projects off the ground, in tandem with tax credits and other funding options • Typically assists with 1-4 projects annually Summary o Many paths to addressing housing issues in every jurisdiction, and every jurisdiction is different ■ Striking the right balance between the urban core and the missing middle ■ Done through zoning, code revision, ordinances, etc. • All this takes a lot of work, though o The AHA is here to help with this work so cities can meet their housing needs Councilmember Tibbott expressed appreciation to Mr. Collier for coming to the Edmonds Housing Task Force meeting. He asked how many cities participate in AHA. Mr. Collier answered there are 13 members; 11 cities, Snohomish County and the Housing Authority of Snohomish County. Councilmember Tibbott asked Mr. Collier to summarize the findings of the Highway 99housing survey. Mr. Collier said Highway 99 provides a range of rental unit prices. Most the units are one bedroom and tend to be in the upper price range which would price out 80% and lower AMI individuals although there are some more affordable units. Councilmember Tibbott expressed interest in providing that information to the Edmonds Housing Task Force Councilmember Tibbott referred to plans for collaborative funding via AHA and asked what the total grant pool would be. Mr. Collier said there have been preliminary discussion about collecting $500,000 on an annual basis from across the county. The rationale for those funds is when a developer applies for a loan, there are many requirements such as how long the units are held at an affordable rate, etc. His understanding in talking with developers is approximately $500,000 is the level where developers become interested and below that is more trouble than it is worth. The goal would be $500,000; it could be lower because it is somewhat less expensive to build in Snohomish County compared to east King County. Councilmember Teitzel commented churches and faith communities have been doing some work in the area of housing such as churches in Lynnwood who have provided property and built housing. He asked to what extent AHA was involved in the faith community and their efforts with the faith community's efforts. Mr. Collier answered he has not had many opportunities to reach out to the faith community; he viewed that as a great opportunity as the faith community is very interested in providing for populations in need. Enhancing collaboration across the county includes being a resource for the faith community when they are interested in assisting. He has had the opportunity to do a some of that in the past couple months but would like to do more. Councilmember Teitzel referred to tiny homes, recalling when they first were introduced 4-5 years ago, he thought they were a fad but has since realized they are here to stay. An Edmonds resident who wants to Edmonds City Council Approved Minutes February 14, 2017 Page 4 site a tiny home in their backyard and rent it at an "affordable" rate has a very difficult time doing so today. He asked if AHA would be supportive of Edmonds considering a change to its zoning code to allow that type of building. Mr. Collier answered he would be supportive of considering the applicability of tiny housing in Edmonds and other jurisdictions, recognizing the importance of having housing for every step of the life process. He envisioned someone such as a recent college graduate may be interested in a tiny house. Councilmember Nelson asked about the timeline for collaborative funding. Mr. Collier answered in the most optimist timeline, it would be up and running by 2019 as 2018 budget and planning process officially begin in most jurisdictions in about April. He summarized 2019 at the earliest, perhaps 2020 would be more practical. Councilmember Nelson observed ARCH typically assists with 1-4 projects annually. He asked the typical housing sizes/units in those projects. Mr. Collier answered the projects ARCH assists with range from homeowner assistance to assisting with a multi-million dollar multi -family housing development. ARCH has been involved in 200 unit developments. He offered to research and provide that information. It was the consensus of the Council to schedule approval of the recommended budget and work plan on next week's Consent Agenda. 2. PRESENTATION OF THE REVISED CITY OF EDMONDS COMMUTE TRIP REDUCTION PLAN AND ORDINANCE ECC 17.95 Transportation Engineer Bertrand Hauss provided an instruction: • 1991: Washington State Legislature passed the Commute Trip Reduction (CTR) Law to call on employers to encourage their workers to drive alone less often, reduce carbon emissions and keep the busiest commute routes flowing. • 2006: Washington State Legislature passed the Commute Trip Reduction (CTR) Efficiency Act, amending the CTR requirements for local governments in Counties experiencing the greatest pollution and traffic congestion. • 2008: latest Edmonds CTR ordinance / Plan was adopted & expired in 2016 • 2016: a new CTR Efficiency Act was adopted with new guidelines / reason for revised plan & ordinance Mr. Hauss reviewed affected employers/main changes: • Three affected employers with more than 100 employees o Swedish Hospital o Edmonds Family Medicine Clinic o City of Edmonds • Main changes from previous version o Combination of northern half and southern half of Snohomish County • Previously - System split - 15% drive alone trip reduction goal in southern half, vs. 5% in norther half ■ Proposed - Combined into one - Provide consistency throughout entire county - Revised drive alone trips goal through county 7% (between 2017 and 2019) o Removal of identifying reductions in Vehicle Miles Traveled (VMT)/greenhouse gas emissions requirements o More frequent updates (from annual reports to quarterly reports) o Consistent with goals identified in 2015 Transportation Plan Edmonds City Council Approved Minutes February 14, 2017 Page 5 He provided a Quarterly Summary regarding the number of Non -Drive Alone Trips: Mr. Hauss described the ongoing incentives program at City level: • On-going since 2015 Advertised through monthly emails / posters • Participants log in trips on monthly basis on Community Transit website • 2016: $4,000 allocated to program o $1,000 from local fund o $3,000 from Community Transit (grant secured) o Monthly raffle for range of prizes ■ 2017: $2,000 allocated to program o $2,000 from local fund o (16) employees (— 10% workforce) participated in program in January 2017 o Participation has increased since program started in 2015. Mayor Earling commented Mr. Hauss is unrelenting in his efforts to encourage staff to drive alone less often. Councilmember Tibbott referred to the increase in bike lanes in the City such as on 76th and in other areas and asked what role bike lanes play in reducing commuter traffic. Mr. Hauss answered bike lanes improve the safety of a cyclist. The long --range goal is to add as many bike lanes as possible, the 76'h/212`h project will add bike lanes on 76th From 220`h to Olympic View Drive and on 212th from 72nd to Five Corners, approximately 3 miles of bike lanes on major arterials. The bike lanes also serve to decrease the speed of vehicles which increases the comfort level of bicyclists. He anticipated the bike lanes would result in additional biking and fewer drive alone trips. Council President Mesaros said he and Councilmember Teitzel often walk to Council meetings and asked if those could be counted;. Mr. Hauss answered he did not think so but he would check. Council President Mesaros said many people are seeking alternative modes of travel and is an important component in developing housing in a way that people can afford to live in Edmonds. Councilmember Nelson thanked Mr. Hauss for his efforts. He referred to the statement in the City's CTR Plan, "In Snohomish County 62% of greenhouse gas emissions are attributable to transportation. By working to reduce vehicle miles traveled, CTR supports both the Governor's and County Executive's executive orders on climate change and reduction of GHG," noting the update removes the requirement to track GHG emissions. He asked whether GHG emissions are tracked in any other way to demonstrate a positive impact in GHG emissions. Alex Mehn, Community Transit, explained Community Transit is the implementer of CTR programs throughout Snohomish County. The requirement to track GHG emissions was eliminated from the plans was because, 1) the State is now looking more toward increases such as in non -drive alone rate versus decreases in vehicle miles traveled (VMT), and 2) VMT and GHG Edmonds City Council Approved Minutes February 14, 2017 Page 6 2015 _ 2016 Network Name Q1 Q2 Q3 Q4 ' Total ' Q1 Q2 Q3 Q4 Total Total Reduction % City of Edmonds 764 1304 1089 1473 4630 1603 1386 1386 1846 6534 29% (Employees) Edmonds Family 641 774 462 772 2749 1009 745 536 570 2860 4% Medicine Clinic - Edmonds Swedish 1802 2253 2346 2633 9034 2472 2660 2509 1889 9530 13% Medical Cntr - Edmonds Mr. Hauss described the ongoing incentives program at City level: • On-going since 2015 Advertised through monthly emails / posters • Participants log in trips on monthly basis on Community Transit website • 2016: $4,000 allocated to program o $1,000 from local fund o $3,000 from Community Transit (grant secured) o Monthly raffle for range of prizes ■ 2017: $2,000 allocated to program o $2,000 from local fund o (16) employees (— 10% workforce) participated in program in January 2017 o Participation has increased since program started in 2015. Mayor Earling commented Mr. Hauss is unrelenting in his efforts to encourage staff to drive alone less often. Councilmember Tibbott referred to the increase in bike lanes in the City such as on 76th and in other areas and asked what role bike lanes play in reducing commuter traffic. Mr. Hauss answered bike lanes improve the safety of a cyclist. The long --range goal is to add as many bike lanes as possible, the 76'h/212`h project will add bike lanes on 76th From 220`h to Olympic View Drive and on 212th from 72nd to Five Corners, approximately 3 miles of bike lanes on major arterials. The bike lanes also serve to decrease the speed of vehicles which increases the comfort level of bicyclists. He anticipated the bike lanes would result in additional biking and fewer drive alone trips. Council President Mesaros said he and Councilmember Teitzel often walk to Council meetings and asked if those could be counted;. Mr. Hauss answered he did not think so but he would check. Council President Mesaros said many people are seeking alternative modes of travel and is an important component in developing housing in a way that people can afford to live in Edmonds. Councilmember Nelson thanked Mr. Hauss for his efforts. He referred to the statement in the City's CTR Plan, "In Snohomish County 62% of greenhouse gas emissions are attributable to transportation. By working to reduce vehicle miles traveled, CTR supports both the Governor's and County Executive's executive orders on climate change and reduction of GHG," noting the update removes the requirement to track GHG emissions. He asked whether GHG emissions are tracked in any other way to demonstrate a positive impact in GHG emissions. Alex Mehn, Community Transit, explained Community Transit is the implementer of CTR programs throughout Snohomish County. The requirement to track GHG emissions was eliminated from the plans was because, 1) the State is now looking more toward increases such as in non -drive alone rate versus decreases in vehicle miles traveled (VMT), and 2) VMT and GHG Edmonds City Council Approved Minutes February 14, 2017 Page 6 are affected by the mode of transportation as well as where people chose to live and work. The CTR as a goal does not have the power to implement land use changes to encourage people to move. By focusing on increasing alternate trips, it still captures worksites that make a difference in the community, people driving less and taking the bus, walking or biking more. Community Transit still tracks GHG and VMT via the log program; every CRT participant tracks their trips via a trip tracking system which still provides GHG and VMT numbers, but there are no requirements to meet those goals based on those numbers. That information is provided to the cities and employers for consideration in meeting individual climate change goals. It was the consensus of the Council to schedule approval of this item on next week's Consent Agenda. 6. AUDIENCE COMMENTS Dean Olson referred to the two resolutions on the Council's agenda, expressing support for the one related to informing the police when a person prohibited from owning a gun tries to buy one. He anticipated this would prevent a bad ex-boyfriend creating another victim. He recalled when growing up in unincorporated King County, being robbed of his bike at gunpoint when he was 10-12 years old. He expressed support for the second resolution regarding responsible storage of firearms so that kids do not play games with them. Janet Smith expressed support for the resolutions related to common sense gun safety. In particular, the resolution to encourage gun owners to safely store their guns and prevent children having access to them is something Edmonds should do to support the measure before the State legislature as well as sending a message to other cities that Edmonds believes in common sense gun safety. She referred to an email she received from Gabby Giffords that contained the shocking statistic that toddlers with access to guns have been responsible for killing one person/week for the last two years in the United States. There are many other shocking statistics about unintentional deaths that result from someone getting ahold of gun. Toddlers tend to point guns at themselves, young children play with guns, teens having a bad day may use a gun to commit suicide. It is a small thing ask people who own guns to store their guns safety to prevent these unintentional deaths. Leah Bernstein, Edmonds, recalled spending much of her early childhood bouncing around the backseat of her parent's station wagon with her siblings, seatbelt free. Her parents weren't negligent or wish them harm, they were simply uninformed and there were no seatbelt laws. When mandatory seatbelts became effect, her parents implemented the use of seatbelts, not finding the law an affront to their freedom and understanding the law was enacted after studies proved that seatbelts could prevent serious injury and death. Much like what was discovered about seatbelts, data/statistics prove the effectiveness of secure firearm storage laws. The rates of unintentional shootings and child suicides are lower in states with access prevention laws. A study by Everytown for Gun Safety revealed that 70% of unintentional child shootings would have been prevented had there been secure storage. She cited several examples such as a 3 -year-old in Lake Stevens who shot himself with his father's gun, a child in Bremerton who suffered irreparable and lifelong injury when a boy brought a gun to school in his backpack, the tragedy in Maryville and a teenager in Tacoma who grabbed his father's gun and took his own life because of an unexpected bad grade. In her experience as an advocate for gun safety, she has never heard of a parent who lost a child through an unintentional shooting say I wondered if my child would find my gun and shoot himself but I was willing to take that chance. They always say they never thought it would happen, that their child would never find the gun. She was encouraged the Council was considering the resolution to support safe storage laws. She relayed her teenage daughter saying she had heard a student at her school was arrested for bringing a gun to school, of hearing kids boast that they know the combination to their parent's gun safe and of a rumor that a kid brought a gun to a party last weekend. The City taking a stand this way can make a difference; the resolution can be used to spread the word about the importance of access prevention as well as to influence lawmakers. Edmonds City Council Approved Minutes February 14, 2017 Page 7 Lynn Carpenter, Edmonds, representing the League of Women Voters of Snohomish County, said the League has had a position on gun safety since 1994 and advocating for HB 1122. She was thrilled the City Council was considering the resolution, commenting the more people hear about firearm safety and how it makes sense, the better off the public will be. She read from the League of Women Voters' gun control position, measures should be taken to limit young people's access to firearms. These should include the following: gun free zones in school areas, an age limit and requirements for safe gun storage. Gary Gibson, Edmonds, explained he is the founder and executive director of Steel Magic Northwest, a new Edmonds -based 5013c non-profit providing after school steel band classes to children in the Edmonds School District regardless of their ability to pay as well as a local community band. His non- profit organization applied for a special event permit that required a short term street closure and was denied. After going through the process, he learned the City has a de facto policy against allowing non - city groups to close a street for an event, immediately evident when he asked the City Clerk's Office whether the City allowed street closures by non -city groups. He received neither a yes or no answer from the Clerk's Office, just "well the city really doesn't like to close streets for these types of events but you should apply anyway." In a follow-up conversation with Assistant Police Chief Lawless, he said closing street to vehicle traffic creates a pedestrian hazard and street closures are a hassle for the Police Department. In email thread about the application, some expressed the wish that the City could charge a fee for street closures to recoup the cost of staff time and other costs; he was surprised the City did not charge a fee and expressed willingness to pay for the additional required services. If non -City entities are not permitted to close the street, the form should state that, the City Clerk's office should state that and the option should be removed from the form. If the City wants to retain the option to offer street closures to non -City groups, there should be clear, written criteria accessible to the applicant so that all are judged equally. He referred to written information he provided that included Bellingham and Montpelier, Vermont's applications that encourages community celebrations and block party permit applications from Kirkland and Seattle, community events that Police and Fire often participate in. Emily Padnick, Edmonds, an employee of Edmonds School District but speaking about gun safety as a concerned parent of three children, said the safety of her children was determined by a few factors, most importantly what she has taught them, how they react to new situations and what situations they find themselves in. If the proposed ordinances are place, her children have a greater likelihood of surviving an encounter with a gun. Although she can tell them what to do in that scenario, they may not remember or be too scared to remember. If a firearm is secured with a lock or if the ammunition is also secured separately, the survival rate improves. She thanked the Council for considering the ordinance and encouraged the Council to take further steps if these ordinances are approved. Megan Wolf, Edmonds, the mother of two young children, expressed strong support for the gun safety measures. She is a parent who asks whether families have guns and whether they are stored safely before her children are allowed to go to the house and if not, they are not allowed at that house. Her family has nerf guns but no other guns. She wants her kids and all kids to be safe when they go to friends' houses. Safe gun storage is a simple ask of anyone who owns a gun. When telling 6 year-old where she was going tonight, he captured her feeling on the issue well, saying, why wouldn't anyone want to do that? She urged the Council to support the gun safety measures and support the community from gun violence. Laura Johnson, Edmonds, expressed support for both gun safety measures. It seemed to be common sense if a person chooses to exercise their Second Amendment right, they should also be required to do everything in their power to ensure their right to own a gun does not unintentionally result in someone else losing their right to life. Unfortunately, this does not always happen and tragedies occur on nearly a daily basis. She urged the Couticii io support oOtn measures in ail eiiun to reduce tragedies. Edmonds City Council Approved Minutes February 14, 2017 Page 8 Roger Hertrich, Edmonds, expressed concern with the fencing outside the building that required him to walk around to reach the building entrance and suggested providing a pathway to the parking area. He referred to a comment in the minutes by Councilmember Teitzel that the restroom on the waterfront will be removed when the flyover is constructed, pointing out there was no evidence that will be necessary. He referred to safe cities and sanctuary cities, commenting Edmonds was getting quite liberal and he hoped the City would not become a sanctuary city because of the resulting loss of funding. He described a business in Edmonds that stays open late and serves alcohol that has a limited number of employees. Recently three officers questioned an employee early in the evening and returned after midnight, telling customers pay and leave and the employee was taken away. The employee was denied the use of their cell phone, violating their rights. The employee was questioned until 5 a.m. and questioning concluded, required to walk back to their car unescorted. He suggested the City should be concerned about lawsuits and police behavior as a lot of rights were violated that evening. 7. STUDY ITEMS 1. REPORT ON BIDS FOR THE HIGHWAY 99 PIPE REHABILITATION PROJECT Public Works Director Phil Williams explained the cured -in-place pipe (CAPP) rehabilitation program that the Council approved in April 2016 included the sewer lime under the west sidewalk on Highway 99 between 210h and 220lb. The condition of the pipe was poor and lining it was believed to be the most cost effective approach to avoid removing the sidewalk. Upon closer examination, a portion of the pipe, approximately from the north side of the Starbuck's driveway to past the driveway of Dick's Drive In, was found to be worse than expected with the bottom of the pipe missing. With the missing piece, inserting a liner would not be a good long term solution. That section of pipe was removed from the CIPP and a decision was made to pipe -burst it, pulling a bursting head through the pipe with a cable to break what remains of the pipe, pushing it out of the way and dragging a new sewer line which should be a very effective technique. The specifications have been developed, the project went out to bid, three bids were received. The engineer's estimate was $167,000; the low bid was $108,740 with Shoreline Construction. He sought Council award of the contract award for the work. Additional cost include managing the project $16,000, management reserve, 15% of the project cost for a total of $147,000. He requested Council schedule approval on next week's Consent Agenda. It was the consensus of the Council to schedule approval of this item on next week's Consent Agenda. 2. POLICE DEPARTMENT SURPLUS PROPERTY Assistant Police Chief Jim Lawless explained the Police Department routinely collects property that is no longer serviceable, has been damaged and is no longer of use. The extensive list of property in the agenda packet includes bulletproof vests that have an expiration date which will be returned to the manufacturer for recycling. An outside vendor is used to surplus and auction the items. He requested authorization to surplus the items be scheduled for approval on next week's Consent Agenda. Councilmember Teitzel asked how the proceeds from auctioned surplused items are accounted for. ACOP Lawless answered a distribution of funds is deposited into the General Fund. It was the consensus of the Council to schedule approval of this item on next week's Consent Agenda. 3. ORDINANCE ADOPTING RCW 9A.44.132 - FAILURE TO REGISTER AS SEX OFFENDER OR KIDNAPPING OFFENDER Edmonds City Council Approved Minutes February 14, 2017 Page 9 Assistant Police Chief Jim Lawless explained an RCW provides for a gross misdemeanor charge for certain situations involving sex offenses and failure to report. As this RCW has not been adopted and codified into the ECC, when those situations arise, the charge must be filed in South District Court. Adopting the RCW in the ECC would allow crimes to be filed in the Municipal Court. Council President Mesaros asked if the ordinance was primarily the same as the RCW. ACOP Lawless answered it is exactly the same, the ordinance adopts it by reference so that whenever the RCW changes, any changes are automatically adopted. It was the consensus of the Council to schedule this item for approval on next week's Consent Agenda. 4. RESOLUTION TO PROTECT CHILDREN THROUGH THE RESPONSIBLE STORAGE OF FIREARMS AND AN ORDINANCE REQUIRING THE REPORTING OF LOST OR STOLEN FIREARMS Councilmember Nelson thanked Councilmember Buckshnis for her help and counsel in drafting these measures to prevent gun violence. He agreed with the comment by Megan Wolf's child, why wouldn't anyone want to do that? This agenda item includes a resolution and an ordinance which have different impacts. The State legislature has the primary authority related to the regulation of firearms. The resolution supporting the responsible storage of firearms to protect children supports HB 1122 which establishes criminal liability for a gun owner that does secure their firearm and a child gets ahold of it and hurts or kills someone. He shared facts to support this action: • The rate of school shootings in Washington State is 2.2 times higher than the national average during the past 20 years. • In Washington State, a child or teen is killed by a gun every 8 days 0 90% of fatal firearm incidences involving children occur in the home • 1 of every 3 handguns is kept loaded and unlocked • Almost % of children under the age of 10 know exactly where the guns are in their homes o In Washington State that equates to 987,000 unlocked guns • Parents with teenage children are less likely to store firearms safely than parents with younger children even though older children are at greater risk of firearm death • Particularly in Snohomish County, a person is 7 times more likely to die by suicide from a gun than by homicide • Impulsivity plays a significant role in suicide attempts • 1/4 of suicide attempts are decided within 5 minutes, 70% decided within an hour and easy access to firearms increases that risk • A King County study found the risk of firearm suicide by children is nine times higher when the firearm is stored in an unsafe manner ■ The practice of keeping firearms locked, unloaded and storing ammunition in a locked, separate location serve as a protective measure that reduces the unintentional injury and suicide in homes where guns are stored • 28 states have child access prevention laws for the responsible storage of firearms, yet Washington currently has no such law. Councilmember Nelson summarized his hope was that Edmonds would lead in promoting gun safety and preventing gun violence and encourage other cities in Snohomish County to pass similar resolutions to send a message so that this legislation is passed this year. Councilmember Tibbott asked how the language in the resolution compared to HB 1122. Councilmember Nelson said Section 1 of the resolution contains some of the language from HB 1122. Councilmember Tibbott asked about providing the resolution to neighboring cities as a model. Mayor Earling suggested sending copies to the other cities. Edmonds City Council Approved Minutes February 14, 2017 Page 10 Councilmember Teitzel expressed support for the resolution. His family has direct experience with gun violence; 30 years ago, his younger brother who was going through a rough emotional period, killed himself with his father's 22 hunting rifle. The rifle did not have a trigger lock and was not in a gun safe. He liked to think if it had been secured properly, his brother would be here today. For that reason, he supports the resolution. He also supports the Second Amendment and the right to bear arms but in a responsible manner. If that can be encouraged via this resolution, he was supportive of that. Council President Mesaros added his support for the resolution. He agreed with the earlier statements, why would anyone not want to promote gun safety. It is an important issue for people to consider for their own families as well as when children visit friends' homes in their elementary and teenage years. He concluded responsible ownership of firearms was a crucial element of the Second Amendment. COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO APPROVE RESOLUTION NO. 1383, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS SUPPORTING THE RESPONSIBLE STORAGE OF FIREARMS TO PROTECT CHILDREN. MOTION CARRIED UNANIMOUSLY. Councilmember Nelson explained the proposed ordinance requires the reporting of lost and stolen firearms. If a person's firearm is discovered to be lost or stolen, the person is required to notify Edmonds Police Department within 24 hours and to provide a description of the firearm including the serial number. Failure to do so will result in a civil infraction of a $500 fine. He provided facts supporting the ordinance: • In one year, 553 guns were reported stolen or lost in Washington, many went unreported • Lost or stolen firearms are frequently involved in the commission of crimes • 96% of stolen or lost guns in Washington were from private individuals not businesses • Individuals are often unable to report the serial number to law enforcement because they are not required to maintain records of the firearms they own for identification purposes, resulting in many lost and stolen firearms entering the secondary market undetected by those prohibited by law from possessing a gun ■ Laws that require the reporting of lost and stolen firearms to police promote public safety by enabling law enforcement to better track illegal guns and firearms used in the commission of crimes. • Every time a gun is stolen, an armed criminal is created Council President Mesaros asked whether there was a limit on the amount of the fine. City Attorney Jeff Taraday said he hoped this item would go to the Consent Agenda so he would have time do additional research. He wanted to ensure this is not preempted by State law and in the course of researching that, he could also check into the fine. Council President Mesaros suggested there could be a series of fines, $500 for a first offense, $1500 for a second offense, etc. Councilmember Tibbott expressed support for the ordinance, finding it a common-sense way to address gun safety. He asked how existing gun owners would be notified, anticipating some gun owners may not have the serial numbers. He acknowledged information could be provided to new gun owners at the time of purchase. City Attorney Jeff Taraday explained as a general rule, there is no notice requirement to inform citizens of general laws. Ordinances are published in the official newspaper. Councilmember Tibbott asked if he had any suggestions regarding how to inform citizens. Mr. Taraday answered the City has many ways of doing outreach such as its website, press releases, etc. Mayor Earling assured if the ordinance is passed, there would be a press release, information provided on the City's website, etc. Councilmember Nelson read a letter from Snohomish Health District Executive Director Gary Goldbaum in support of the Council's efforts to reduce gun violence, notably consideration of the resolution and Edmonds City Council Approved Minutes February 14, 2017 Page 11 ordinance. In 2013 Snohomish County Board of Health passed a resolution that calls on federal and state lawmakers to take meaningful action to address gun violence. The City's resolution aligns with the Health Board's decision. The resolution would urge the Legislature to pass HB 1122. Many statistics about gun violence highlight the marked increase of risk of youth suicide and accidental death in households where firearms are present. There's ample evidence that laws requiring secure storage of firearms reduce injuries and death of children while not preventing appropriate adult access to firearms. Washington State Association of Local Public Health Officials supports HB 1122 and he urged the Council to join his colleagues and him in passing the resolution. The ordinance requiring the reporting of lost and stolen firearms to law enforcement would prevent diversion of firearms for illegal use. He believed any efforts to reduce the number of firearms available on the street would reduce youth access and thereby reduce youth suicides. Suicide among youth is especially impulsive so ready access to a firearm dramatically increases the likelihood that depressed youth will succeed in killing himself or others. This contrasts to other means such as hanging or overdose which require more effort and could be more easily interrupted. He urged the City Council to pass the ordinance and applauded the City for recognizing gun violence as a public health issue that demands multiple prevention strategies. The resolution and ordinance are important steps to reducing gun violence. Council President Mesaros suggested scheduling the ordinance on next week's agenda as an action item to facilitate a discussion with the City Attorney. Mr. Taraday advised Beth Ford will be at next week's Council meeting and will be prepared to answer questions. Councilmember Nelson advised the ordinance regarding reporting of stolen and lost firearm was based on the City of Seattle's ordinance that has been in effort for several years and contains the same fine amount. 8. MAYOR'S COMMENTS Mayor Earling said he will be in Olympia the next 1'/2 days at the AWC Legislative conference where he will have an opportunity to talk to several legislators regarding the City's legislative agenda. 9. COUNCIL COMMENTS Council President Mesaros hoped Mayor Earling would express the City's support for HB 1122 during meetings in Olympia and encourage legislators to pass the bill. Mayor Earling agreed it will be a topic of conversation. Councilmember Tibbott announced the Highway 99 Plan draft plan is posted on the City's website and citizens have a final opportunity to provide comment. The Highway 99 plan will be very important to decisions related to housing as well as commercial development in the corridor. Councilmember Teitzel wish everyone Happy Valentine's day and remarked on how much he had enjoyed celebrating with his fellow Councilmembers. 10. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. Edmonds City Council Approved Minutes February 14, 2017 Page 12 11. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 12. ADJOURN With no further business, the Council meeting was adjourned at 8:24 p.m. DRV O. EARLING, MAYOR PASS EY, CITY CLE Edmonds City Council Approved Minutes February 14, 2017 Page 13