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20180123 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES January 23, 2018 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Michael Nelson, Council President Kristiana Johnson, Councilmember Thomas Mesaros, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember ELECTED OFFICIALS ABSENT Adrienne Fraley-Monillas, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Mary Ann Hardie, HR Director Rob English, City Engineer Jen Machuga, Associate Planner 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 Earling in the Council Chambers, 250 5" 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 Councilmember Fraley-Monillas. 3. APPROVAL OF THE AGENDA COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO PULL ACTION ITEMS 6.1, 6.2 AND 6.4 FROM TONIGHT'S AGENDA FOR FURTHER DISCUSSION ON A NON -COMMITTEE NIGHT AGENDA. Councilmember Tibbott commented tonight is a committee night and he anticipated significant discussion on these topics, he preferred to move them to a non -committee meeting. He was comfortable taking action on Item 6.3 as it had been discussed last week and there was no appropriate committee to review it. Mayor Earling commented it would be preferable to know there was interest in removing those items from the agenda as there were staff members present for those items. UPON ROLL CALL, MOTION TIED (3-3), COUNCILMEMBERS JOHNSON, BUCKSHNIS AND TIBBOTT VOTING YES; AND COUNCIL PRESIDENT NELSON AND COUNCILMEMBERS MESAROS AND TEITZEL VOTING NO. MAYOR EARLING CAST THE TIE BREAKING VOTE, VOTING NO, AND THE MOTION FAILED (3-4) Edmonds City Council Approved Minutes January 23, 2018 Page 1 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED 6-1, COUNCILMEMBER JOHNSON VOTING NO. Councilmember Johnson recommended if the Council was taking action on agenda items, the agenda should include an opportunity for public comments. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADD AUDIENCE COMMENTS TO THE AGENDA. Mayor Earling added Audience Comments as Agenda Item 5.2 MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF THE CONSENT AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF JANUARY 16, 2018 2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS. 3. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM TEENA MORSE ($3,000.00) 4. CONFIRMATION OF BRIAN POTTER FOR APPOINTMENT TO DIVERSITY COMMISSION 5. ORDINANCE AMENDING ECC CHAPTER 1.20 RELATED TO PUBLIC RECORDS REQUEST POLICIES, AND RESOLUTION ADOPTING THE STATE DEFAULT FEES FOR ELECTRONIC RECORDS 5. PRESENTATION 1. CITY PROSECUTOR'S ANNUAL REPORT TO CITY COUNCIL HR Director Mary Ann Hardie introduced Jim Zachor, Zachor & Thomas, the City's prosecutor. Mr. Zachor explained he began serving as the City's prosecutor along with Jeff Goodwin in 1996. When Judge Goodwin was appointed to the bench in 2004, Zachor & Thomas was formed. Zachor & Thomas has 10 attorneys and has been located in the Sunset Building on Highway 99 for the past 11 years. Mr. Zachor introduced the three attorneys from his firm who are primary for Edmonds, Elisabeth Gribble, Patrick Lynch, and Chad Krepps. Mr. Zachor explained he does felon, drug and firearm forfeitures for Edmonds and described a recent forfeiture that he prosecuted that included $22,000, drugs, and two guns. He prosecutes forfeitures for other cities that Zachor & Thomas presents as well as represented the South Snohomish County Narcotics Task Force that was recently merged with the regional task force. He recommended the South Snohomish County Task Force be reestablished. Mr. Zachor relayed a full report would be provided in the near future; Melanie Thomas Dane was unable to complete the report before being called out of town. Zachor & Thomas represents 10 cities in Snohomish County. One of the advantages is dealing with all the police departments, forms, etc. His staff is trained in Edmonds City Council Approved Minutes January 23, 2018 Page 2 handling drug and alcohol DUIs. He had been hopeful the governor's new education program would result in a decrease in DUIs but that has not happened. There are more marijuana and drug DUIs than there were in the past five years. His firm also prosecutes shoplifts; in over 60% of the shoplift arrests, the person is carrying drug paraphernalia. They are stealing so they can pawn the items for money for drugs. He commended on a fence operation in Mill Creek and efforts to find two more. Snohomish County no longer pursues shoplift cases so Zachor & Thomas prosecutes the majority of shoplift cases. Mr. Zachor commented on a unique case his staff prosecuted recently where the defendant was arrested for disorderly conduct and drug paraphernalia. The defense attorney claimed parts D and E of the five prongs for disorderly conduct were unconstitutional. In a hearing in Edmonds Municipal Court, Judge Coburn determined D was constitutional and one word in E was unconstitutional and dismissed the disorderly conduct charge, leaving only the drug paraphernalia charge. Prior to the hearing, negotiations with the public defender offered receive credit for time served if the individual pled guilty to disorderly conduct. The public defender declined the offer and requested a trial. As a result, two charges were added, harassment and obstruction of police officer. The case went to a jury trial and the individual was found guilty of paraphrenia, harassment and obstruction of a police officer. Mr. Zachor relayed a new prosecutor from Pierce County was hired recently. Rachel Hunter, who worked for Zachor & Thomas since 2009, left for private practice. Melanie Thomas Dane also prosecutes for Edmonds including reviewing reports. He reported: • 99 DUIs filings in 2017 • 308 Other traffic (reckless, negligent) filings in 2017 • 446 Non -traffic (shoplift trespass, domestic violence assaults) filings in 2017 • 851 Total filings in 2017 • 923 Total filings in 2016) • DUIs at a higher rate in January 2018 than January 2017 • 6 firearm DUI forfeitures to date this year • Officers wrote over 4,000 traffic infractions in 2017 Mr. Zachor explained his staff prosecutes domestic violence cases even if victim no longer wants to pursue. He expressed appreciation for the City funding the Domestic Violence Coordinator position who assists with putting cases together. He commended the Edmonds Police Department for its outstanding, extremely polite officers who comply with the law, and give people every break. Chief Compaan does an outstanding job managing his staff. Councilmember Buckshnis looked forward to receiving a written report; she will forward questions to him via Ms. Hardie. 6. AUDIENCE COMMENTS Joe Scordino, Edmonds, retired fishery biologist, requested as the Council looks at the final drafting of the scope of work for the marsh study, that time for public input on deliverables, especially drafts provided by the contractor be included. He encouraged the Council to allow members of the public with knowledge and expertise to provide input on the drafts to the Council as well as to the researcher, for example the report on buffers as many in the community have studied buffers. He encouraged the Council to have the contractor collaborate with ongoing studies to realize cost efficiencies as well as sharing of information such as Pilchuck Audubon's bird habitat study, collaborate on selecting sites for wildlife cameras, observation sites, etc. Similarly, the Students Saving Salmon and the Stream Team have established collection points for water quality and pollutant data in the marsh. If the contractor works with them and uses the same sites, the data can be used in future. The contract also specifies a meter they plan to rent; the Students Saving Salmon own that meter and can loan it to contractor at no cost. He summarized it will be Edmonds City Council Approved Minutes January 23, 2018 Page 3 important for the study to include the south side of the marsh although he was unsure if they would encounter difficulty with Chevron getting access to that area. It will be important to compare the south side of the marsh where there is a lot of vegetation to the north side and Harbor Square where there is less vegetation. 6. ACTION ITEMS APPOINTMENT OF TREE BOARD ALTERNATE Development Services Director Shane Hope explained in accordance with the City code, each Councilmember appoints a Tree Board member and the Council President appoints an alternate. Council President Nelson has nominated Suzanne Juergensen. COUNCIL PRESIDENT NELSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO CONFIRM THE APPOINTMENT OF SUZANNE JUERGENSEN AS THE TREE BOARD ALTERNATE. MOTION CARRIED UNANIMOUSLY. 2. GUNN STREET VACATION (FILE NO. PLN20170052) Associate Planner Jen Machuga explained the City received a petition to vacate a portion of unopened right- of-way adjacent to 10410 and 10430 231 st St. SW. The location is identified on a vicinity map included in the packet as Exhibit 8. State law and City code require the City Council to consider street vacation requests in a public hearing; the public hearing date is established by resolution and cannot occur less than 20 days or more than 60 days after the passage of the resolution. Staff prepared a resolution for Council consideration (Exhibit 1), setting a hearing date of March 20, 2018. Public notice will be issued in advance of the hearing and staff will provide a report and an analysis of the proposal for the public hearing. The requested action tonight is to approve the resolution scheduling the public hearing. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO ADOPT THE RESOLUTION IN EXHIBIT 1, SETTING A PUBLIC HEARING DATE OF MARCH 20, 2018. MOTION CARRIED UNANIMOUSLY. 3. WRIA $ WATER RESOURCE INVENTORY AREA 8 SALMON RECOVERY Councilmember Buckshnis advised the ten-year updates will be available in the Council office. Neither she or Jason Mulvihill -Kuntz, Salmon Recovery Manager, WRIA 8, received any questions from Councilmembers following last week's presentation. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT NELSON, TO APPROVE THE WRIA 8 2017 PLAN UPDATE. Councilmember Tibbott inquired about the fiscal impact of the City's participation in WRIA 8. Councilmember Buckshnis estimated the City's contribution at $3,000-$4,000/year and offered to research and provide the exact amount to Council. Councilmember Tibbott inquired about the involvement of City staff and City Council. Councilmember Buckshnis advised staff is only involved in seeking grants. The City has submitted and been awarded funding for four grants. She serves on the grant funding team. When the plan update was developed, she reviewed it with Development Services Director Shane Hope and then -Senior Planner Kernen Lien. Other than that, she was unaware of any staff time devoted to WRIA 8. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes January 23, 2018 Page 4 4. FINALIZATION OF SCOPE AND CALENDAR FOR EDMONDS MARSI-I S"]"tJ[)Y Councilmember Mesaros advised this was discussed at the previous Council meeting and he was hopeful the scope of the contract and draft calendar could be approved tonight. He referred to the calendar, noting one of the first items is to prepare a work plan which likely will alter the calendar. He referred to public comment, assuring ample time will be allowed for public comment on products developed by the consultant. Councilmember Johnson recommended including Task 5 in the initial scope of work; it is currently listed as to be determined in the future. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO INCLUDE TASK 5 IN THE AMOUNT OF $14,370. Councilmember Johnson commented Task 5 is a very important element. According to the proposal, it naturally follows Task 2 and was information she eagerly looked forward to. If the funds were available, she questioned why Task 5 was to be determined. She recommended including Task 5 and if any modifications were necessary they could be taken into account in the future. Councilmember Mesaros explained as the Task Force formed its recommendation for the scope, it was their full intent to include Task 5 and 6. In conferring with the consultants, the Task Force felt more data could be added to the scope after the other tasks were completed. He referred to the proposed calendar, pointing out Task 5 begins before Task 4. The intent was to get the data from Tasks 1 and 2 first. He did not support the motion as the intent was to include Tasks 5 and 6 in the study and to return with a more comprehensive budget to accomplish those tasks. The 2018 budget includes ample funds to accomplish all tasks. Councilmember Buckshnis said Task 1 includes the east side of the marsh, assuring there will be ample information available to review. Once the information from Tasks 1 and 2 is available, the cost of Task 5 can be determined. UPON ROLL CALL, MOTION FAILED (2-4), COUNCILMEMBERS JOHNSON AND TEITZEL VOTING YES; AND COUNCIL PRESIDENT NELSON AND COUNCILMEMBERS BUCKSHNIS, MESAROS AND TIBBOTT VOTING NO. Councilmember Johnson said she received answers to a series of questions she sent to Ms. Hope and Councilmember Buckshnis and wanted to raise the questions for the record. She asked who will manage the contract. Councilmember Mesaros answered the Task Force will manage the contract. The Task Force will meet with the consultant once the contract is approved. The new Council Assistant will also assist and the Task Force may seek Ms. Hope and/or her staff s expertise. Councilmember Johnson suggested there needed to be one point person. Councilmember Mesaros responded the Council President has requested he continue to chair the Task Force during the study; therefore, he will be the point person. Councilmember Johnson asked if there would be an oversight committee or how public comment would be obtained during the study. Councilmember Mesaros answered the intent is to develop a complete work plan that ensures ample opportunity for public comment. Councilmember Johnson suggested that be included in the scope of work and imbedded in the process. Councilmember Mesaros anticipated it would be included in the scope of work once a draft work plan is developed. Councilmember Buckshnis recalled the original proposal for a one -week turnaround was extended to two weeks to provide time for public comment. She assured the intent was to keep all Councilmembers apprised as it is a Council project. Councilmember Mesaros will be the point person. Councilmember Johnson Edmonds City Council Approved Minutes January 23, 2018 Page 5 commented it was good to have this discussion as none of that information was available to her. As she was not a Task Force member, she found it difficult to understand the process without this information. Councilmember Johnson suggested Shellabarger Creek be included in the modeling in Task 4. She noted there is a $2+ million project to install a pump station in an area known for tremendous flooding. Flooding has occurred for the past 40-50 years and she wanted to know if there were ecologically and fish friendly alternatives such as cleaning out the culvert and dredging a new area which require analysis and discussion. Although the City is awaiting FEMA funding, the budget includes $1.5 million for the project and this is a good opportunity to get that information before committing to that project. Councilmember Mesaros referred to the memo from Jenny Love, Windward, to Ms. Hope and a list of changes that apply to the scope of work for Task 1 — the baseline monitoring study — which indicates Shellabarger/Stella's Marsh will be included in the baseline study. Councilmember Johnson suggested it be included in the modeling so the impact of cleaning the culvert and dredging could be modeled. She recognized daylighting of Willow Creek was 6+ years in the future but maybe something could be done sooner for Shellabarger Creek. Councilmember Buckshnis recalled the Western Washington University study specified Shellabarger and some of their data could be retested as she believed pollutants from SR-104 were a big cause of nightshade. The culverts have been cleaned out under SR-104. Councilmember Johnson suggested the water quality loggers could be donated to the Students Savings Salmon (SSS) once the study is completed and perhaps the consultant could borrow the SSS's monitor. Councilmember Mesaros assured the City would utilize any equipment that is available and any equipment that is purchased would be used for monitoring following the marsh study. Councilmember Johnson suggested coordinating the sites for taking observations. Councilmember Mesaros said the study will build on data collected from previous studies as well as make that data available for future studies. Councilmember Johnson referred to Mr. Scordino's suggestion to collaborate with ongoing studies such as the Pilchuck Audubon observation sites. Councilmember Mesaros recalled that point was raised at the last Task Force meeting. There may be other regional studies that should be considered. Councilmember Johnson expressed appreciation for this discussion and the answers. She preferred that it be incorporated into the contract developed from the scope of work. She was accustomed to working with contracts that have much more specificity, especially around these key points. The information provided in the packet is essentially the same as was provided last week with assurances that everything will be taken care of and she preferred to see it in writing. Councilmember Buckshnis assured Ms. Love and Mr. Scordino have been in contact about the data loggers. One of the first tasks is a white paper/summary that identifies previous efforts including Western Washington University, WRIA 8, Shannon Wilson, SSS, etc.; all the studies that have been done in past and anticipated in the future will be part of the first phase so the contractor and the Council knows about all the data. She was certain everything will be shared, noting that Ron Gouguet, Windward, used to work with Dr. Mearns at NOAA. Councilmember Johnson suggested meeting dates be shared with the Council so the public and/or Councilmembers have an opportunity to observe. Councilmember Mesaros commented a contract has not yet been presented. The memo from Ms. Love to Ms. Hope refines the scope of work, budget and schedule. The original scope of work was a 3-year study which has been refined to 14 months to reduce the budget. More information will be provided as the process progresses. Edmonds City Council Approved Minutes January 23, 2018 Page 6 Councilmember Johnson asked if the Council would have an opportunity to review contract. Councilmember Mesaros assured the Council will approve the contract. Tonight is approval of the scope of work and budget and the City Attorney will develop a contract. City Attorney Jeff Taraday asked for clarification whether the contract will be returned to the City Council for authorization. Councilmember Mesaros answered yes. Councilmember Teitzel referred to Exhibit 1, Schedule and Timeline, pointing out Daylighting Willow Creek is shown as July to October 2019 and a footnote states it is assumed the Willow Creek daylighting project will be implemented in summer 2019 and that one additional year field data will be collected after that project has been completed. As all the funding for that project has not been collected, he doubted it would be completed in that timeframe. He asked if the consultant would be retained for another year and how that affected the cost of the contract. Councilmember Mesaros referred to the updated project schedule, advising the consultant was informed in late December that the daylighting of Willow Creek likely not take place in 2019 so it was not included in the updated schedule. Councilmember Teitzel referred to the updated project schedule and Task 4, Analyze Impacts from Daylighting Willow Creek using REA/HEA model scheduled January — February 2019. He suggested completing that modeling sooner. Councilmember Mesaros answered the intent is to build on the other data and the consultant recommended doing the other tasks first so that information can be included in the modeling. Councilmember Buckshnis suggested extending the study from May 31 to July 31, 2019. She was hopeful the gate could be left open as much as possible during the winter months anticipating that would have a large impact on spring/summer activity of the marsh. Councilmember Mesaros suggested as the start date of the study was unknown, extending the study for two months. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXTEND THE STUDY FROM 14 MONTHS TO 16 MONTHS. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER JOHNSON MOVED TO INCORPORATE ALL THE DISCUSSION, NOTES AND ANSWERS INTO THE SCOPE OF WORK SO THERE IS A TRACKING SYSTEM RATHER THAN JUST THE ASSURANCES THAT IT WILL BE LOOKED INTO IN THE FUTURE. MOTION FAILED FOR LACK OF A SECOND. Councilmember Johnson commented there has been a lot of discussion but no update to the scope of work. COUNCILMEMBER JOHNSON MOVED BASED ON THE DISCUSSION TONIGHT AND AT LAST WEEK'S COUNCIL MEETING, THAT THE LEADER OF THE PROJECT REVISE THE SCOPE TO REFLECT THE COMMENTS AND SUGGESTIONS THAT HAVE BEEN MADE ABOUT ASPECTS OF THE SCOPE. MOTION DIED FOR LACK OF A SECOND. MAIN MOTION CARRIED (5-1), COUNCILMEMBER JOHNSON VOTING NO. Councilmember Mesaros requested Mr. Taraday finalize the contract for approval on the February 6 Council agenda. Edmonds City Council Approved Minutes January 23, 2018 Page 7 7. ADJOURN TO COMMITTEE MEETINGS With no further business, the Council meeting was adjourned to committee meetings at 8:08 p.m. (Parks, Planning & Public Works Committee in the Jury Meeting Room, Finance Committee in Council Chambers and Public Safety & Personnel Committee in the Police Training Room.) . ' 1 0 4. �-6A J" I """ DAV O. EARLING, AYOR Edmonds City Council Approved Minutes January 23, 2018 Page 8