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20190115 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES January 15, 2019 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Adrienne Fraley-Monillas, President Michael Nelson, Councilmember Thomas Mesaros, Councilmember Diane Buckshnis, Councilmember Neil Tibbott, Councilmember Dave Teitzel, Councilmember (by phone) Kristiana Johnson, Councilmember (by phone) CALL TO ORDER/FLAG SALUTE STAFF PRESENT Al Compaan, Police Chief Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Mary Ann Hardie, HR Director Rob English, City Engineer Steve Fisher, Recycling Coordinator 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 7:15 p.m. by Mayor Earling in the Council Chambers, 250 51h 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; Councilmembers Teitzel and Johnson participated by phone. 3. APPROVAL OF AGENDA COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 6. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JANUARY 8, 2019 2. APPROVAL OF COUNCIL MEETING MINUTES OF JANUARY 8, 2019 3. APPROVAL OF CLAIM CHECKS, WIRE PAYMENTS AND PAYROLL CHECKS. 4. CONFIRM APPOINTMENT OF CANDIDATES FOR THE YOUTH COMMISSION Edmonds City Council Approved Minutes January 15, 2019 Page 1 5. SAFETY & DISASTER COORDINATOR JOB DESCRIPTION 6. APPOINTMENT OF 2019 ALTERNATE FOR EDMONDS CITIZENS' TREE BOARD 7. SELECT HOMES 7902 203RD ST SW DEDICATION 8. STREET MAINTENANCE WORKER & STORM MAINTENANCE WORKER JOB DESCRIPTIONS (UPDATED) 9. SENIOR STREET MAINTENANCE WORKER - CEMENT FINISHER 5. PRESENTATIONS 1. SOUND TRANSIT UPDATE Peter Rogoff, Sound Transit CEO, introduced Kamuron Gurol, North Corridor Director; Patrice Hardy, Government Relations Manager; and Kathy Leotta, Project Manager. He thanked the Edmonds City Council and taxpayers for lending Mayor Earling to the Sound Transit Board. Mayor Earling has served longer than any other board member and characterizes himself as the board member who can get to the meat of the matter the fastest with the fewest number of words. Sound Transit is grateful for his leadership and the vital role he plays, reminding the board of things that have been tried before with mixed success. Mr. Rogoff recognized the region's extraordinarily rapid growth; Puget Sound Regional Council estimates the population will increase more than 40% in the next 30 years to 6 million. Congestion has more than doubled in the last six years and that is expected to continue. The decision by the region not to build high capacity transit over 50 years ago is now rearing its head in terms of road congestion. Mr. Rogoff said 2019 is a big year for work in Snohomish County. He reviewed: • Long history of investing in Snohomish County • North Corridor Sound Move • Keeping tax dollars local o Sound Transit subareas ■ Snohomish County ■ North King County ■ East King County ■ South King County • Pierce County • Northgate Link Extension - under construction o Length: 4.3 miles o Stations:3 o Two underground stations: • University District ■ Roosevelt o One elevated station: ■ Northgate o Start of service: 2021 0 500 stall garage — already open o Project trending under budget and on time ■ Lynnwood Link Extension o Length: 8.5 miles o Stations: 4, plus 1 additional station added in 2031 Edmonds City Council Approved Minutes January 15, 2019 Page 2 o Start of service: 2024 o Removing 4,000 trees along right-of-way, replanting 20,000 Everett Link Extension o Length: 16.3 miles o Stations: 6 plus 1 provisional o Start of service: 2036 • Longest extension in capital program o Longest extension (16.3 miles) o Northgate is only halfway to Lynnwood o Lynnwood is only halfway to Everett Westlake 4 3.2 UW 44.3 Northgate 4 8.5 Lynnwood 16.3 Everett 2009 2016 2021 2024 2036 F 32.3mile corridor 4 • Bus Rapid Transit — Stride o Begins running in 2024 o Serving North, East and South of Lake Washington o Fast, frequent, reliable o Connecting to Link light rail at Shoreline, Lynnwood, Bellevue, Tukwila • System Expansion o Link Light Rail ■ 116 -mile regional system' • Connecting 86 cities across Puget Sound when fully built out ■ 8 new stations in Snohomish County ■ Serving Everett and all major cities in Central Puget Sound 0 91 miles of commuter rail o Largest transit expansion program in the United States o Bus • 45 miles of Bus Rapid Transit serving 12 cities, in the I-405, SR 522 and SR 518 corridors ■ Bus -on -Shoulder opportunities: 1-5,1-405, SR 518, SR 167 s Working Together o Integrating light rail with Swift o Map of Swift Blue Line and Green Line 0 2025 ST Express network plan o Community Transit restructure to serve Link light rail Mr. Gurol reviewed Edmonds and Mukilteo Improvements: • Overview o Provides for parking and access improvements at Edmonds & Mukilteo stations o Completion targeted for 2024 o $40 million for improvements o Plan does not indicate how to allocate budget between stations o Consultant team led by Fehr & Peers s Upcoming Tasks o Stakeholder and Public Meetings • Public and stakeholder sessions ■ Online open house and surveys o Additional data collection o Determine evaluation criteria and performance measures o Access improvements review, evaluation, and rating o Funding allocation o Develop & refine access improvement options Edmonds City Council Approved Minutes January 15, 2019 Page 3 o Advance to Sound Transit Board • Tasks Underway o Define project goals o Initial data collection and documentation o Review prior studies & identified potential improvements o Public Involvement Plan o Interagency Group Meetings — first meeting on February 5th ■ Projected Schedule Councilmember Mesaros referred to an email the Council received regarding parking around the Sounder on the waterfront that intimated a lack of coordination between Sound Transit and the City and that the City is holding up permission to park in a parking lot. The parking lot is empty so people have parked there and received parking tickets. The solution is likely signage regarding available parking. He noted before he retired, he often used Sounder to travel to downtown Seattle. Mr. Rogoff said Mayor Earling forwarded him the email and he chatted with the author. This is an issue in many areas but particularly in Edmonds. People are being asked to use transit assets in greater intensity during this period of maximum constraint, but there will still be needs beyond that three week period when the viaduct is closed and the tunnel is not yet open. Station agents have been instructed and announcements are being made to inform riders where parking is illegal and where parking may be available. For example, Sound Transit currently leases nine spaces at the Methodist Church; although it is a bus stop away, those spaces are not being highly utilized. That may be because Sound Transit needs to do a better job of informing riders of those parking spaces. Should those spaces fill, there may be an opportunity to lease more spaces although nine spaces is the maximum that can be leased without a permit. Councilmember Mesaros inquired about the growth of ridership over the last three years, particularly north to south. Mr. Rogoff answered it has been about 36% on Sounder North back to 2014 and has kind of plateaued although there is still potential to grow that. Traffic patterns in the region will continue to change even without the closure of the viaduct, tolling the tunnel and other changes due to increased congestion and drivers seeking a better trip. Councilmember Mesaros asked what the 36% represented in numbers. Mr. Rogoff answered there were 1265 weekday daily riders in 2014, about the same in 2015, 1722 in 2016 and 1729 in 2017. Councilmember Mesaros observed approximately 1700 people/day are taking Sounder North. Mr. Rogoff said growth on the south line has been greater. Sounder is somewhat constrained in the availability of railcars to serve north and south simultaneously. Councilmember Tibbott asked how Edmonds citizens will access the light rail station, observing one of the newest ways will be the 185" Street station in Shoreline. He asked what coordination could be expected with Sound Transit and Community Transit with regard to reliable service connecting downtown Edmonds to the 185" station. Mr. Rogoff said Sound Transit does a great deal of coordination in planning and operations with Community Transit. He could not say precisely what the plans were for an Edmonds/Shoreline connection. Mr. Gurol said he has heard encouraging discussion about a connection between the Edmonds and Mountlake Terrace stations. Councilmember Tibbott commented the Mountlake Terrace station is scheduled to open several years later. Mr. Gurol said the Northgate station opens in 2021 but both 185th and Mountlake Terrace stations open in 2024. Community Transit will make a determination regarding what is the best connection; SRI 04 would likely be closest to the Mountlake Terrace station. Sound Transit will continue to monitor that and report to the Council. Mayor Earling said that is currently under discussion; Community Transit is committed to providing a direct connection between the Edmonds waterfront and the Mountlake Terrace garage. Councilmember Nelson referred to the North Sounder rail line, noting there have been challenges with mudslides, train capacity and sharing tracks. He asked what the $40 million in shared improvements would Edmonds City Council Approved Minutes January 15, 2019 Page 4 fund. Mr. Rogoff answered the vision was primarily parking. The north line has had a good winter with only one interruption so far, reaping the benefit of investments that Sound Transit and WSDOT made in very high intensity mudslide areas. The intent of the $40 million is not for further mudslide mitigation but largely for parking. Mr. Gurol said the project description includes access which would include pedestrian and bike access. Council President Fraley-Monillas asked if Sound Transit has been in negotiations with the Port of Edmonds about parking. Mr. Gurol said he spoke with the Executive Director Bob McChesney today, following up on a meeting they had about two months ago. Mr. McChesney will serve on the interagency group for the project. The Port is in the early stages of a project and plan to proceed with it based on input they receive regarding the Sound Transit project. They agree parking is a high need in Edmonds, if there is a way for the two agencies to identify common goals and a project that could be commonly funded, that would be very encouraging, but it is too early to say whether that will be possible. He walked some of the Port -owned properties with Mr. McChesney that are proximate to the Sounder station; most have technical issues that would need to be addressed. Council President Fraley-Monillas observed that would be good for the future but she was curious if there were any parking areas that could be used while the viaduct is closed and before the tunnel opens. Mr. Gurol said Mr. McChesney indicated those spaces were committed. There is also the possibility of additional spaces at the United Method Church spaces. Council President Fraley-Monillas said she lives near Lake Ballinger and is aware that the Mountlake Terrace garage is filled most days with bus riders. She was curious how more parking would be created in that area, particularly with the construction of the transit oriented housing development across the street. Mr. Rogoff acknowledged that is the condition at almost all the parking lots which is the reason they work closely with other transit providers as well as transportation network companies (TNC) like Lyft and Uber regarding last mile service. During the viaduct/tunnel closure, there is a discount to take Uber and Lyft to a transit station. All four Lynnwood Link stops will be opened at the same time so the additional surge will be spread over the four stations and more parking is being constructed at the Lynnwood station. No additional parking is funded in the plan at the Mountlake Terrace station, but there are discussions about retaining the temporary construction parking lot with some financial recompense. Council President Fraley-Monillas commented people love their cars and it will be challenging to get them to take Uber and Lyft. When she visits the east coast, Uber is her primary transportation source and during a recent visit to San Francisco, she used BART, a transportation mode has engrained in that population for many years. She anticipated hearing a lot about the lack of parking, a challenge for Community Transit, Sound Transit and the cities around the stations. Mr. Rogoff agreed, referring to his comments that congestion had doubled in the last six years, anticipating it will likely double again. Although many want to superimpose the solution on current conditions, conditions could be quite different when Lynnwood Link is opened in 2024. Councilmember Buckshnis asked if the $40 million would be used for a parking structure. Mr. Gurol said all options are being considered; structured parking is very expensive. Some structured parking is being built in other communities and Sound Transit is learning from that experience. Although $40 million is a lot of money, it doesn't go very far for structured parking. It will be important to be as creative as possible to build what helps the local communities access light rail the best, whether that is additional surface parking, pedestrian or bicycle improvements, better transit access for CT, additional vehicle parking, etc. all of those are potential solutions. Their net is wide and includes structured parking. Councilmember Buckshnis echoed Council President Fraley-Monillas' comment that the Mountlake Terrace garage is often full after 10:00 a.m. pointing out there needs to be parking if people are going to ride transit,. Mr. Rogoff said several years ago the Sound Transit Board adopted a policy to eventually transition to paid parking. The first step has been taken where riders can purchase an HOV permit at a Edmonds City Council Approved Minutes January 15, 2019 Page 5 number of lots at an affordable rate such as $5/month. With Northgate, Sound Transit will be introducing single occupancy vehicle permits at market rates for approximately 25-50% of the lot; the spaces would be reserved until 9:00 a.m. and then open to all. Sound Transit is working on a timeline for rolling that out in a number of parking facilities as well as the rates that will be charged. Mayor Earling recognized Ms. Hardy who has been with government relations in Snohomish County almost as long as he has been on the Sound Transit Board. Councilmember Teitzel observed the total funding for ST3 was $54 billion. Mr. Rogoff said that was one of many different ways to measure the amount; it is a $54 billion package that includes debt service, ongoing operating funds and capital costs over a 25 year period., Councilmember Teitzel asked if voters will have an opportunity to approve additional funding if the project exceeds that amount. Mr. Rogoff said the hope is over a period 25 years as has happened in the past, there are years where there is very competitive pricing and a lot of projects can be completed for a comparatively low amount; the region is now in a very hot construction market which is the reason for cost growth on the Lynnwood Link extension and Federal Way. The hope is it all evens out over the decades. The ballot measure is structured so that voters adopted two things, 1) a map of projects to be built, and 2) a tax increase. If the projects come in under budget, the Board would roll back the taxes sooner than planned; if the program is more expensive, those taxes will continue to be collected until the entire map of projects is built. 2. SNOHOMISH COUNTY PROSECUTING ATTORNEY REPORT Adam Cornell, Snohomish County Prosecuting Attorney, said he is honored to be the Snohomish County prosecutor. As a newly elected prosecuting attorney, he appreciated the work the City Council does as public servants representing him and the community. He was grateful to have lived in Edmonds for 17 years and thanked the Council for the support they have shown him over the years. He looked forward to this role and trying to create safe, livable communities for everyone in Snohomish County including Edmonds. Mr. Cornell explained there are three divisions in the county prosecutor's office, criminal, family support and civil. With regard to criminal, along with the Snohomish County Sheriff Ty Trenary, he is the chief law enforcement officer for Snohomish County. They prosecute all felony cases as well as many misdemeanor crimes though they do not prosecute misdemeanor crimes for Edmonds. With regard to civil, he is the attorney for Snohomish County in the same way that Jeff Taraday is the attorney for the City. With regard to the family support division, it is responsible for making sure children and families are getting child support payments. There are 188 employees in the 3 divisions, a $29 million budget, 66 deputy prosecuting attorneys in the criminal division, 27 in the civil division and 9 in the family support division. As the elected prosecutor, he appoints all the deputy prosecuting attorneys who do the day-to-day work, appear in court and prosecute cases that affect the safety of the community. There are specialty positions in the civil division including a deputy prosecuting attorney assigned to the airport which is owned by Snohomish County. In the criminal division, there is an ID theft deputy prosecuting attorney, and attorneys assigned to the Snohomish County Regional Drug and Gang Task Force and the Auto Theft Task Force position as well as an attorney assigned to involuntary treatment commitment. They do not represent Edmonds in misdemeanor or civil matters other than juveniles misdemeanors. Misdemeanor juvenile crimes in Snohomish County with the exception of driving offenses are handled by the Snohomish County prosecutor's office. The criminal division had 5,600 referrals last year; a referral is case that come to them from law enforcement. He thanked Police Chief Al Compaan and the Edmonds Police Department for their efforts working with him. The police operate under a standard of probably cause; when they believe a crime has been committed and they believe it is more likely than not that a crime has been committed, they submit Edmonds City Council Approved Minutes January 15, 2019 Page 6 referral to their office. Of the 5,600 felonies referred last year, approximately 3,000 were fled by his office and his office declined to file charges on 2,200 of those cases. In juvenile court, there were 1,200 referrals, 545 cases filed and 626 referrals declined. In their district court that handles misdemeanors, there were 6,000 referrals; of those 3,600 cases were filed and 1700 were declined. Mr. Cornell explained there is a big difference between probable cause and proof beyond a reasonable doubt. As the county prosecutor, he and his deputies have an ethical obligation to only charge cases where they believe there are sufficient facts to make a criminal charge. He has no interest in charging or prosecuting people who are actually innocent or for whom there is not sufficient quantum evidence to prove the case beyond a reasonable doubt. That can be disappointing to members of the public who do not necessarily understand the difference between a referral from a police agency and the prosecuting attorney's high ethical obligation to meet the highest standard in the criminal justice system, proof beyond a reasonable doubt. Mr. Cornell acknowledged those can be difficult decisions. While he was a deputy in the special assault unit, he had to have very difficult conversations with children and families, where they knew something happened but there was not enough evidence to charge the case. The prosecuting attorney is ethically obligated to make their decision based on reason and reality. That would explain a lot of the cases that are declined or not charged by their office. The cases that are filed are those where there is sufficient proof and evidence and belief that the case can be proved beyond a reasonable doubt. About 95% of cases end up being resolved via a plea agreement which is made in consultation with victims. Contrary to what people see on TV, victims do not decide whether to press charges, prosecutors make the decision whether or not to charge. That is done with the input from victims, but the criminal justice system gives prosecutors the discretion to make those hard decisions. There are good reasons for that; for example, in a domestic violence case where there may have been a long pattern of domestic violence, the victim may have to reason to want to prosecute a case, but it may need to be done in the interest of justice and to protect the victim and the community. With regard to his priorities while in office, Mr. Cornell said he has already begun working on addressing the opioid crisis with a focus on treatment and prevention. He wants to be a prosecutor that in exercising discretion, just because someone can be charged does not necessarily mean they should. When those decisions are made, particularly with people who have been ravaged by this crisis and by substance abuse, it is done in a way that gets to the root cause of why someone is facing substance abuse disorder to help them not be a reoccurring member of the criminal class. The Snohomish County prosecutor's office has a very robust drug program and a very robust mental health program. Leading up to his election, he was given authority by his predecessor to negotiate the budget with the Snohomish County Council which included the creation of a felony diversion program that provides a second change for non-violent felons with no criminal history. Mr. Cornell explained for some people who have made a mistake willing and are willing to be held accountable, they can avoid felony a conviction in certain non-violent cases and pay restitution. It is not just about giving someone a second chance, but having people be productive, taxpaying members of the community. He had the full support of the Snohomish County Council for that effort. With regard to prevention, drug dealers in the community need to be held accountable and ensure those who are dealing opioids on the streets are held accountable and vigorously prosecuted. There also needs to be discussion about the pharmaceutical industry including a way to hold them and those closely associated with it accountable. More information about that will be made available in the coming weeks. Mr. Cornell said he hoped to be an innovative prosecuting attorney, someone who was willing to listen and look at creative solutions that make the community safer. Making the community safer does not always mean someone going to prison for a long time. The approach needs to be measured and thoughtful and Edmonds City Council Approved Minutes January 15, 2019 Page 7 consider the underlying, root causes of why people commit crimes. With regard to violent crimes and sexual assault crimes, he assured those would be vigorously prosecuted to protect the community. Not every case is the same and he intends to exercise the discretion he and his deputy prosecuting attorneys have in a way that honors the community and supports his efforts to make the community safer. As a prosecuting attorney's office, they are held to the highest standards; they are keepers of the public trust not only as prosecuting attorneys but as public officials. He intends to lead an office that understands they are the keepers of the public trust and to ensure the community has continued faith in work they do. Councilmember Nelson appreciated Mr. Cornell's interest in the drug problem and going after drug dealers. Like many, Councilmember Nelson was shocked and surprised to learn there was a drug stash house just out the city limits in Lynnwood that was regularly serviced by Mexican drug cartels, a multitude of different drugs and a multiagency, multistate investigation. He asked if other stash houses could be expected to be uncovered in Snohomish County and what could be done to combat that. Mr. Cornell said he served as a deputy prosecutor and special assistant to the United Stated States Attorney for five years and was assigned to the Snohomish County Regional Drug Task Force and prosecuted those crimes at the federal level and understood the impact those crimes have on the community. He said that question could also be addressed to Chief Compaan and others in the police department. The prosecutor's office has always worked hand in glove in those efforts to ensure major drug dealers are being held accountable and they have done a good job of that. He was involved in a number of multijurisdictional multidefendant prosecutions in that role and will continue to do that. Council President Fraley-Monillas asked if the prosecuting attorney's office was sending people to the diversion center next to the jail. Mr. Cornell said Council President Fraley-Monillas was referring to the robust diversion program that has been supported by Sheriff Trenary, Executive Somers and other County leaders. That program avoids his office entirely; the SCSO and other partners with embedded social workers assist people before they come into contact with the criminal justice system. He supports the work they are doing with regard to the diversion center but those cases do not come to the prosecuting attorney's office. Council President Fraley-Monillas was excited to hear what he had in store with regard to big pharma accountability. She was proud to have Mr. Cornell as a resident in the community. Councilmember Mesaros recognized there is not only big pharma but also those in the medical community that big pharma has utilized to write prescriptions. Mr. Cornell said the legislature has the power to pass laws to limit the time during which a prescription is valid. Consideration needs to be given to doctors writing prescriptions for lengths of time that may be too long; that is another way to keep opioids off the street. He suggested that was better directed to Senator Liias or Representatives Peterson and Ortiz -Self. 2. 2018 PROSECUTOR'S OFFICE ANNUAL REPORT Jim Zachor, Junior, Zachor & Thomas, the City prosecutor's office, introduced himself, explaining he has been with Zachor & Thomas for ten years. He is the supervising attorney for Edmonds, supervising Jim Zachor, Senior; Kristen Beck; and Charlotte Storey. Mr. Zachor Senior handles civil drug, felony and firearm forfeitures. Ms. Beck handles the probation review calendars and jail calendar on Mondays. He described her background; prior to joining Zachor & Thomas, she worked for the United States Air Force in several capacities as well as the Pierce County Prosecutor and Joint Base Lewis-McChord. Ms. Storey graduated from law school in May 2018 and quickly established herself as one of the brightest, most capable and most polished young attorneys. She is the in -court prosecutor on Wednesdays, handling all criminal cases and traffic infractions. Mr. Zachor introduced attorney Chad Krepps who occasionally handles some of the more difficult clients in Edmonds or covers for other attorneys. Mr. Krepps described his background; he has been with Zachor & Thomas approximately five years, an attorney for six years, starting his career prosecuting Bremerton Edmonds City Council Approved Minutes January 15, 2019 Page 8 municipal court cases as well as doing some defense work. He said their report will address many of same issues that Mr. Cornell spoke to on a county level. Two questions he brings to cases, 1) why did the suspect commit crime, and 2) what can the prosecutor do to prevent him/her from doing it or other crime again. Is it an issue of substance abuse, alcohol, drugs, untreated/undiagnosed mental health issue that is causing the behavior, etc. With regard to crimes that are charged, Mr. Krepps explained they adhere to the traditional deterrent theory, their action is most likely to have an effect if punishment is swift, certain and proportionate to the crime. Most of the cases that come to the Edmonds Municipal Court are direct filings from law enforcement via the SECTOR program which allows an officer, after conducting their investigation and determining they have probable cause that a crime has been committed, to file criminal charges by issuing a citation straight to the court and prosecutor's office. If the person is in custody, they are seen the next court day. In an out - of -custody situation, the person is brought to court within 1-2 weeks to be arraigned. That is beneficial because whatever act they are alleged to have committed, they are being held accountable, at least at an arraignment level, going through their rights, assigned to an attorney, and facing prosecution. Mr. Krepps explained charges can also be filed via referral, where an officer investigates and forwards the report to them for review. Mr. Zachor does most of the charging reviews for Edmonds. There may be a question regarding sufficiency of evidence, whether the alleged conduct is alarming or criminal behavior, etc. If further investigation is needed, law enforcement is contacted and asked to do supplemental investigation/reporting. If they do not believe there is probable cause for crime, they will inform law enforcement they are declining to file charges. There are situations where although probable cause may exist for a crime to be charged, charging that crime doesn't serve a public interest or deterrent effect. With regard to therapeutic justice, there is a move in Snohomish County, the State and Edmonds toward a therapeutic model, especially for misdemeanors. Not all crimes are committed by criminals; some are committed by someone who made a bad decision, there is a lesson to be learned and that lesson may not be jail. Edmonds Municipal Court started a domestic violence Moral Recognition Therapy (MRT) that is operated by the court's probation officer. MRT is a cognitive behavior plan where individuals reprogram the way they process information and make decisions. Often prior to a finding of guilt, the prosecutor's office enters into a stipulated order of continuance whereby someone can avoid a criminal conviction by taking accountability, recognizing the need for treatment or assistance to avoid committing the crime in the future. Similarly, they continue to support alcohol/drug evaluations and follow through with recommended treatment. With regard to case filings, there was an overall increase in case filings in 2018 across all reported offenses. Factors to consider include population increases, enforcement focuses, police staffing, and policy decisions. Not all crimes need to be charged and not all charges need to be convicted. There were 4,268 traffic infraction filed in Edmonds Municipal Court and 24 non traffic. There were 125 DUI/physical control charges filed in Edmonds through November, a 26% increase over last year even without December. The increase is likely due to the increase in population which translates to more drivers especially on Highway 99, increase in traffic infractions as DUI arrests often stem from a traffic infraction, and increased focus in their office and the Edmonds Police Department in training regarding what a DUI looks like. DUI is not just alcohol, marijuana DUIs continue to increase. For officers that are well trained such as Edmonds officers, prescription drug DUls are also increasing. Challenges with DUI prosecutions include a substantial delay with the Washington State Toxicology Lab for blood results. Breath test results are available instantaneously from law enforcement. If a defendant refuses to provide a breath test, the officer makes a decision whether there are sufficient facts to proceed with prosecution without knowing the contents of the person's breath/blood. If that evidence is necessary, the officers contacts a judge to issue a warrant to have Swedish -Edmonds draw blood which is sent to the Edmonds City Council Approved Minutes January 15, 2019 Page 9 Washington State Toxicology Lab. Alcohol DUI results have a two month turnaround; other substances can take 5-6 months. This is due to, 1) an increase in DUI enforcement across the state, increased training and officers' recognition that other substances affect driving, and 2) staffing constrains and issues at the State Toxicology Lab. If an officer stops someone on the suspicion of driving under the influence and they need to get blood due to a refusal to provide breath or it is not an alcohol-related DUI, if the person is arrested and taken into custody, they come to court the next day or the next judicial day if they are not in custody. Judge Coburn will review for probable cause and set conditions to ensure the person is not putting themselves or the community at risk. Mr. Krepps relayed there were no major legislative changes for the prosecution of crimes. There were some changes to how a court views and treats indigent defendants in regard to imposition of legal financial obligations. The legislature added that someone who is indigent is now considered a manifest hardship, allowing the court to waive almost all legal financial obligations. That causes some issues for prosecution of the case; not all crimes need jail and often a nominal fine is an appropriate sanction. However, for those who qualify as indigent and the court waives all fines, the only option is jail as a deterrent. To Councilmember Nelson's comment about the drug stash house, Mr. Zachor said their office is involved in the prosecution of civil drug, felony, firearm and DUI forfeitures. Civil forfeitures are a mechanism to go after drug dealers. The goal is to is take away the benefits of being a drug dealer such as money from drug transactions, firearms used to protect their drugs, and cars used to transportthe drugs. They rely heavily on the Snohomish County prosecutor's office because many of those cases are felony cases. Other than the 10% that goes to the State, proceeds from forfeitures go to the Police Department to help fund controlled substance related activities. In the last two years they have been able to forfeit approximately $41,000 in cash, a 2003 BMW, 3 firearms, numerous gift cards, and there are several pending forfeitures. That is an emphasis they can take to deter drug dealers from operating in Edmonds. Regarding substantive motions and trials, Mr. Zachor explained substantive motions are those where an officer appears and the City incurs costs for overtime. Substantive motions also occur when an officer doesn't do their job; through training, experience and input from their office, they did not lose one substantive motion in 2018. With regard to jury trials, there were 5 in 2018; most cases are resolved via a plea bargain because jury trials are expensive. Of the five jury trials, three resulted in conviction, one not guilty and one dismissed due to a jurisdictional issue; the three guilty verdicts are being appealed. With regard to the emphasis on the opioid crisis, Mr. Zachor advised their office is part of a task force whose focus is on lower level crimes committed to support a drug habit or survive. Jail is not working and the goal is identifying new alternatives to help people kick an addiction and become productive members of society. A tour is planned later this month of potential sites. Until that program is available, they have changed prosecution of those type of cases, focusing on treatment and getting people the help they need. Councilmember Nelson expressed appreciation for the data shared, particularly the increase in DUIs charges. Of the criteria cited, he anticipated the quality of individual officers plays a significant role. One DUI officer received statewide recognition for her tenacious efforts in pursuing DUI offenders. With regard to the delays at the Washington State Toxicology Lab, he asked if it would be helpful to inform legislators of the delay since that evidence is needed in a timely manner to prove guilt, particularly for repeat offenders. Mr. Krepps said the toxicology lab has contacted the Washington State Association of Prosecuting Attorneys to ask that charges not be filed until the blood results are received, but they do not feel that is a workable solution. Mr. Zachor said one of the difficulties with the toxicology lab's recommendation is repeat offenders. Judge Coburn is extremely tough on repeat offenders from keeping them in jail to requiring ignition interlock devices or an ankle bracelet that monitors alcohol consumption. Without filing a charge, those conditions cannot be imposed, putting the community at greater risk. If a case is delayed 3- 4 months, the person can continue to be monitored. In their and the Police Department's opinion, it is better Edmonds City Council Approved Minutes January 15, 2019 Page 10 to have people monitored to ensure safety. Every DUI conviction includes a mandatory $250 fee that is supposed to be used to fund the toxicology lab. He said the Edmonds Police Department is truly vigilant about DUI enforcement. Councilmember Mesaros found it disheartening to hear that it takes so long to get toxicology results. He asked if the City pays fee for processing blood tests. Chief Compaan said there is no fee. Councilmember Mesaros said there are good medical services throughout Snohomish County including Swedish -Edmonds in Edmonds. He suggested jurisdictions in Snohomish County could come together and establish the same level of criteria necessary from a legal standpoint for control of evidence and chain of evidence instead of relying on the State lab. Mr. Zachor said he and Mr. Cornell would love to have their own toxicology lab; unfortunately, it is highly technical and highly regulated by the WAC. Council President Fraley-Monillas referred to an article in the Seattle Times in the last six months about the state crime lab and the fact that they do not have enough staff to process evidence quicker. It is beyond blood work for DUIs, it includes rape kits and a variety of evidence. Until the legislature gives them enough staff, those delays will continue. 6. AUDIENCE COMMENTS Kari Marino, Verizon Wireless, commented on the importance of the work the Council is doing to support small wireless facilities. Macros have been around for a long time and provide coverage; the small wireless facilities are required to argument capacity. Capacity has become more important as a mobile data usage has increased; it has increased 35 times since 2016, and internet machine to machine devices have increased from about 36 million estimated in 2013 to 263 million by the end of 2018. More than 50% of households are wireless only and more than 80% of phone calls originate on wireless phones. Services provided by the wireless industry are integral to everyone lives, whether the doorbell ring cameras, shopping on phones, etc. Mr. Taraday has her contact information and she is available for questions during that agenda item. Carol Tagayun, Director of External Affairs, AT&T, provided comment on Agenda Item 10, Small Cell Wireless. She thanked the Council for taking on this policy decision, citing the importance of developing a good policy for the community and its residents. Consumers today are very reliant on devices, particularly with the advent of the Smartphone, people expect to have data capacity and service wherever they are. Since the advent of the iPhone, AT&T has seen a 360,000% increase in data usage on their network. Many wireless households depend on their cell phones to call 911, making wireless service critical in residential areas. For these reasons, AT&T continually upgrades it network to ensure there is capacity and coverage to meet the demand. AT&T is building out where the demand is needed which includes investing and building new technologies such as small cell service that adds data capacity in areas where there is already coverage. Building this out and ensuring coverage will allow AT&T to bring new services, faster high speed networks, etc. AT&T is interested in a workable code where they can provide services when they're needed. She is available to answer questions; Samm Jaenicke, Edmonds, referred to information provided at the presentation on January 10 regarding Compass Housing. When Compass CEO Janet Pope painted a word picture of how lovely the Blokable development will be, she talked about screening of potential residents and the presence of onsite managers. She also said some people would pay zero rent and they can do whatever they want in the privacy of their housing unit as long as they do not disrupt the community which Ms. Jaenicke concluded sounded a lot like low barrier housing. Although Ms. Pope said that Edmonds residents would be given advance notice in order to apply for housing early, she did not say people that currently work or live in Edmonds would have priority. Ms. Pope sited the Ronald project as an example of how well Compass Housing works. Ms. Jaenicke suggested one only needed to talk to people who live in that neighborhood to hear about people sleeping on their doorsteps who become belligerent when asked to leave, and human excrement and needles on private property. The subject is essentially moot because they have been granted the zoning to build at Edmonds City Council Approved Minutes January 15, 2019 Page 11 the Edmonds Lutheran Church. She hoped with community input, it could be avoided in other areas of the community. With regard to the Bartell development at Westgate, she has heard increased property values would result in increased tax revenue due to the development even though no property tax is charged on the housing units. She asked whether that increased tax could compensate for the infrastructure needs of 91 additional families for the 12 years of the multi -family tax exemption such as teachers, fire department, police, public works. With regard to the additional 1200 housing units needed by 2035, she asked about progress on those units, when they began being counted, and how many housing units have been built or are under development. She noted 1200 housing units in the 16 years between now and 2035 equals 75 units/year, an amount that would be smaller if the equation started prior to this year. Mayor Earling declared a brief recess. COUNCIL COMMITTEE REPORTS 1. COUNCIL COMMITTEE REPORTS AND MINUTES Finance Committee Councilmember Buckshnis reported the committee discussed: • 2019 Finance Committee Objectives and Primary Course of Action o Create a budget calendar o Schedule a budget retreat o Addressing hiring new staff outside the budget process • Non -Represented Staff Salaries — will be presented to Council in February Public Safety. Personnel and Planning Committee Councilmember Nelson reported the committee reviewed job descriptions for the Safety & Disaster Coordinator, Street Maintenance and Storm Maintenance Worker, and Senior Street Maintenance Worker — Cement Finisher. All were approved on the Consent Agenda. Parks & Public Works Committee Council President Fraley-Monillas reported the committee discussed: ■ Update on Wayside Horn Project — will be presented to Council in near future o Project will cost more than expected • Authorization to Purchase of Storm Division Vactor Truck — presented later on tonight's agenda • Dedication of Right -of -Way for 2 -lot subdivision — approved on Consent Agenda • Small Cell Wireless Facilities — presented later on tonight's agenda 8. PUBLIC HEARING 1. PUBLIC HEARING AND POSSIBLE ACTION ON THE BAN OF THE USE OF NON- COMPOSTABLE FOOD SERVICE CONTAINERS Recycling Coordinator Steve Fisher recalled last October Council President Fraley-Monillas led a discussion that proposed banning food service businesses in the City from offering expanded polystyrene, commonly known as Styrofoam, containers. That discussion led to further direction to include all non- compostable food service containers and drafting an ordinance that would work toward eliminating single use plastic food service items, particularly containers. This ordinance's focus is on containers such as plates, bowls, trays, cups, clamshell containers, condiments packets, etc. A companion ordinance is being drafted to specifically ban the remaining category of single use food service items such as plastic straws, utensils and stir sticks as a result of a resolution passed by the Council in summer 2018. Edmonds City Council Approved Minutes January 15, 2019 Page 12 Mr. Fisher explained serviceable compostable alternatives for common single use plastic items are widely available and businesses are highly encouraged to look at using or continuing to use durable foodware to reduce waste. His outreach program will assist businesses as necessary as they move toward compliance. The ordinance's effective date is January 2020. Council President Fraley-Monillas said this issue, the use of compostable products, has been discussed with the Council for about seven years. Her informal survey found most businesses are moving away from Styrofoam and non-compostable food service items. She anticipated the biggest challenges will be restaurants on Highway 99 where English is not a first language, but anticipated a year was a sufficient amount of time for outreach. She has visited Costco and other big box stores and found they have a variety of compostable containers, silverware, cups, etc. Councilmember Teitzel reported he and Mr. Fisher have begun the outreach effort including meeting with Edmonds School District Superintendent and the CEO of Swedish -Edmonds to give them advance warning and answer their questions regarding the single -use plastics/non-compostable food service item ban. Mr. Fisher explained Swedish -Edmonds and the Edmonds School District represent institutional cafeteria entities that this ordinance will affect. The meetings were an opportunity to provide information that will allow them to make changes to meet the intent of the ordinance. Swedish -Edmonds already uses a lot of compostable items in their food service and have had a compost collection unit for over 10 years. Both fully embraced the need and did not seem too concerned about the change. Councilmember Tibbott thanked Council President Fraley-Monillas and Councilmember Teitzel for their diligence in moving this forward. With regard to composable condiment containers, he noted a lot of those are from national sources and asked the likelihood of having composable condiment containers. Mr. Fisher said there are a variety of products that meet the compostable standards in the ordinance as well as condiments without packaging. Councilmember Tibbott concluded the food industry is beginning to embrace that. Councilmember Nelson commended Council President Fraley-Monillas for her leadership on this issue. He pointed out that the ordinance expands the ban on Styrofoam to a ban on non-compostable food service containers. He has heard from some restaurants that compostable condiment packaging will be labor intensive, requiring that they fill condiment packaging individually. He wanted to ensure there had been sufficient input from the restaurants community. Mr. Fisher said exemptions can be granted in the ordinance. Seattle has been a leader in this effort and recognizes there are challenges with some products and until the technology is available, exemptions can be granted in ordinance. Mayor Earling opened the public participation portion of the public hearing. Heather Trim, Executive Director, Zero Waste Washington, a statewide organization working to make trash obsolete, recognized Edmonds as a leader in this effort. Edmonds was the first in Washington to pass a plastic bag ordinance and now are taking leadership on another ordinance. The real benefit of this ordinance is it will help address food waste. The only disposal bin the Taco Time in Burien has is for compost. Taco Time has made a large effort to make everything compostable, allowing food and compostable products to be put in the compostable disposal bin to be commercial composted. Washington is an agricultural state so high quality compost is important. She said 17% of material going into landfills is food waste, half edible and half non -edible. The ordinance includes exemptions for materials that are prepackaged and come to the store presealed such as ketchup sachets. If ketchup were dispensed in the store, the condiment container would need to be compostable. She displayed a compostable cup stopper she found at Starbucks in Edmonds. She encouraged the Council to vote yes on the ordinance and continue its leadership in Washington. Edmonds City Council Approved Minutes January 15, 2019 Page 13 Hearing no further comment, Mayor Earling closed the public participation portion of the public hearing. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE ORDINANCE NO. 4139, AN ORDINANCE OF THE CITY OF EDMONDS WASHINGTON, ADOPTING A BAN ON THE USE OF NON-COMPOSTABLE FOOD SERVICE CONTAINERS BY FOOD SERVICE BUSINESSES WITHIN THE CITY. MOTION CARRIED UNANIMOUSLY. 9. ACTION ITEMS 1. AUTHORIZATION TO PURCHASE STORM DIVISION VACTOR TRUCK Public Works Director Phil Williams displayed a photograph of the existing 2007vactor truck, explaining this is a regular replacement of the vehicle on 12 -year schedule. The City has three vactor trucks, one each for water, sewer and street/storm. He displayed a photograph of the new vactor truck on a Freightliner chassis with a tag axle that allows it to pass inspection at the scales if necessary. This is a highly mechanical vehicle and carries up to 1500 gallons of water. The vehicle will be purchased through Owen Equipment in Portland. He reviewed: Major changes between 2007 and 2019 vactors are: o Single engine, PTO/hydraulic driven vacuum fans o Vac on the go hydrostatic drive 0 5x5 boom o Hydro Excavation system ■ Cost: $542,000 o Old vactor truck will be sold at auction for approximately $50,000-$75,000 used to offset cost • Funding source: stormwater rates Councilmember Buckshnis asked why three vactor trucks are needed. Mr. Williams answered all three are heavily used. The storm vactor is used year round; the sewer vactor is used to clean sewer pipes ahead of the video truck and the water division primarily uses the vactor for excavation and potholing. Each division has a slightly different use but they are well used year round and could not be effectively shared. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO AUTHORIZE THE DEPARTMENT OF PUBLIC WORKS TO PURCHASE (1) 2019 VACTOR 2100I COMBINATION SEWER/STORM CLEANER TRUCK FROM OWEN EQUIPMENT THROUGH NJPA PURCHASING GROUP. Council President Fraley-Monillas asked the funding source. Mr. Williams answered stormwater rates that have been accumulated over 11 years to replace the existing vactor truck. MOTION CARRIED UNANIMOUSLY 10. STUDY ITEM 1. INTRODUCTION ON SMALL CELL WIRELESS AND ORDER ISSUED BY THE FEDERAL COMMUNICATIONS COMMISSION (FCC). DISCUSSION ON INCORPORATING SMALL CELL STANDARDS INTO THE CITY'S WIRELESS CODE (ECDC 20.50) AND POSSIBLE INTERIM ORDINANCE City Attorney Jeff Taraday explained the City has a short timeframe to incorporate small cell standards into the City's wireless code due to federal regulatory action. The purpose of tonight's presentation is to get early policy feedback/guidance from the City Council to ensure the Council approves of the direction staff Edmonds City Council Approved Minutes January 15, 2019 Page 14 is taking in the development of the policy. An ordinance has not yet been drafted because staff first wanted to seek policy guidance from the Council. Mr. Taraday reviewed: • FCC Ruling (the "Order") released on September 27, 2018, titled Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment o The Order adopted new rules limiting how state and local governments may treat applications for the installation of small wireless facilities o January 14, 2019 — The Order goes into effect o April 14, 2019 — Local jurisdiction to have aesthetic rules in place Development Program Manager Jeanie McConnell reviewed: • What are small cell deployments? o Small cell deployments are complementary to towers, adding much needed coverage and capacity to urban and residential areas, venues, and anywhere large crowds gather o Streetlights, utility poles and slimline poles ■ Antennas connected to nodes receive and transmit wireless signals to and from mobile devices ■ Optical fiber connects to other nodes and carries data to and from communication hubs operated by wireless carriers ■ The cabinet holds equipment that process wireless signal for multiple wireless carries • Photograph of macro cell in Edmonds — Main Street o Macro antenna array o Equipment screened behind fence • Examples of small cell in other cities o Pole with antenna and equipment box o Standalone pole with antenna and equipment concealed Mr. Taraday explained the FCC has constrained the extent to which cities can regulate the aesthetic appearance of small cell facilities. Not only is there a very short timeframe to adopt the regulations, there also are limitation on the substance of those regulations. He reviewed the FCC's aesthetic requirements: • Reasonable • No more burdensome than those applied to other types of infrastructure deployments o Undergrounding Requirements - May be permissible under state law as a general matter. ■ Regulations cannot require that all small cell facilities be underground because they do not function underground ■ Any undergrounding requirement that materially inhibits wireless service could be found to be preemptive by the federal regulations • Objective • Published in advance Mr. Taraday displayed a map of small cell antenna spacing in the Long Beach waterfront area, relaying that industry need could place a small cell on every block. Although small cell antennas will improve service, there will be aesthetic impacts depending on the City's policy. Minimum spacing requirements can be upheld as long as they are consistent with other aesthetic regulations. Ms. McConnell displayed a map of existing macro site spacing in Edmonds. She reviewed staff s proposed location preferences for small cell antennas, noting locations outside of the right-of-way are preferred over locations within the right-of-way: Locate Outside the Right -of -Way 1. Existing structure Edmonds City Council Approved Minutes January 15, 2019 Page 15 2. Standalone pole Locate Within the Right -of -Way 3. Existing street light pole or traffic light (hollow poles) 4. New standalone pole or street light 5. Existing PUD single-phase pole (installation on top of pole) 6. Existing PUD transmission pole (installation in communication space) 7. Strand -mounted (installation in communication space) She displayed photographic examples of the proposed location preferences: Installations Outside of the Right -of -Way 1. Locate on existing structures (example at 4th & Main 2. SF Zoned property ■ Standalone pole within 5 feet of right- of -way; o Locate on same side of street as power lines; o Height limit 35 feet; • Other Zoned property — o Standalone pole consistent with zoning height • Rooftop placement (example on Puget Drive) Rip -ht -of -Way Installations 3. Existing hollow streetlight pole or traffic signal light 4. New standalone pole or new street light • Custom designs — Sternberg model currently used in downtown Edmonds • Sternberg makes a model specific for wireless facilities 5. Installation single phase power pole • Antenna in line with pole External conduit • External equipment 6. Installation on transmission pole • Antenna in communications space • External conduit • External equipment 7. Strand -mounted facilities • Installation on an existing pole ■ Antenna n the communication space ■ External equipment Ms. McConnell displayed photographs of clutter on existing wood poles. Future code updates will include working with carriers and the industry to better manage those systems. She displayed a photograph of equipment and wires, internal and external. Mr. Taraday reviewed the proposed project timeline: • January 8: Introduction to Council PPW Committee • January 9: Introduction to Planning Board • January 14: FCC Order goes into effect ■ January 15: Introduction to full Council • February 5: Public hearing and adoption of interim ordinance • February -March: Discussions at Planning Board, review interim ordinance and discuss refinements for small cell aesthetic regulations and bring back to Council • April 2 or sooner: Hearing before City Council • April 14: Local jurisdictions to have aesthetic rules in place Edmonds City Council Approved Minutes January 15, 2019 Page 16 Councilmember Nelson asked if his definition of "not being an eyesore" was a sufficient aesthetic regulation. Mr. Taraday answered that was a good example of a regulation that would not be objective under the FCC guidance. Councilmember Nelson said that generally expresses his sentiment. Although his family uses wireless and he understands the need, the proposal prefers standalone over existing poles in the right-of-way. He asked how far apart the standalone poles would be, how many there would be and could they be designed to fit into the community. Mr. Taraday said ranking 7 is what staff is seeking Council feedback on. This is staff's thinking about the proposed policy but want to ensure the Council agrees standalone is better than locating on existing wood utility poles. To Councilmember Nelson's question about spacing, jurisdictions have the ability to place spacing requirement to ensure there are not new standalone poles 50 feet apart. Councilmember Nelson said his preference would be to maximize spacing and to have them on existing structures. He preferred not to create a pole simply to site a small cell. Councilmember Tibbott agreed with Councilmember Nelson, and hoped whatever was on the outside of the building would be more aesthetic pleasing and smaller than what is located on the side of the building at 4th & Main. Ms. McConnell advised that is a macro facility. Councilmember Tibbott agreed with the first two priorities and with regard to priority 3, asked if there could be a distinction made between a decorative light fixture like the ones on Main Street versus a streetlight pole in neighborhoods. Mr. Taraday said the Sternberg example is related to ranking 4 as it would not be an existing Sternberg; it would need to be a new, specialty Sternberg pole. Councilmember Tibbott asked if it would be theoretically possible for a carrier to locate a small cell antenna on a Sternberg pole. Ms. McConnell said given there is a Sternberg pole option for wireless facilities, she did not foresee the ability to attach an antenna to an existing Sternberg pole. If there was a desire to locate a wireless facility where there is an existing Sternberg pole, it would need to be changed to the Sternberg pole that can accommodate a wireless facility. Councilmember Tibbott clarified he was opposed to any external antennas on existing Sternberg lights. Mr. Taraday said none of proposed rankings contemplate that scenario. Councilmember Tibbott requested the regulations make a distinction between a decorative light pole and other light poles. Mr. Taraday did not envision an ordinance that allowed a modification to be made to an existing Sternberg pole. If a carrier wanted to locate in the area where an existing Sternberg pole was, they would need to replace it with a special purpose Sternberg pole that accommodates the small cell infrastructure inside. Councilmember Tibbott asked if the new Sternberg pole would match the others. Mr. Taraday assumed if it were allowed, it would have to match. Councilmember Tibbott expressed concern that "assume" was objective. Mr. Taraday said on Main Street where a very clear, aesthetic pattern is already established, the regulations would be clear the pole would have to match the existing Sternberg pole. Councilmember Tibbott expressed concern ranking 3 did not make a distinction between a Sternberg pole and other poles. Mr. Taraday agreed that could be clarified. Councilmember Tibbott asked how much staff trusted the companies that were producing the antennas to accommodate the City's interests. If the regulations are very objective, he would expect them to abide by the code, but to push the envelope. There are many examples in the City where there is a lot of clutter and cables, for example 76th & 196th where they almost obscure the signal lights. He personally did not trust the carriers to police those issues. Mr. Taraday said an objective, enforceable ordinance will be drafted that tells the industry what the policy makers want to see. The industry has been cooperative, but staff does not tend to rely on trust. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXTEND THE MEETING FOR TEN MINUTES. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes January 15, 2019 Page 17 Councilmember Buckshnis recalled the long process when the Council considered regulations for cell towers. She agreed with not further cluttering already cluttered poles. She asked who paid for installation of the small cell antennas. Mr. Taraday answered the industry would pay all the installation costs including a new standalone pole if necessary. Councilmember Buckshnis asked if a small cell antenna was located on a building, would the carrier would pay for the antenna and seek the building owner's permission. Mr. Taraday answered if an antenna were located on private property, that would be between the carrier and the private property owner, but he assumed the carrier would pay for it. Councilmember Buckshnis asked if consideration had been given to allowing small cell antennas on large buildings. Mr. Taraday said that is the first choice - existing structure outside the right-of-way which could be public or privately owned property. Councilmember Buckshnis recalled when the Council considered cell towers, options to camouflage were considered such as trees. Mr. Taraday said that is not being contemplated. Councilmember Mesaros commented the church he attends in Seattle has a macro tower in the steeple which provides good cell coverage for the neighbors as well as a revenue stream for church. The private property owner worked out the lease with the carrier. Councilmember Tibbott said in his neighborhood in the past, wires have been strung across the street to connect homes to services. When the service arrangement changed and those wires were no longer needed, the wires still remained. He suggested a cleanup effort where carriers removed those overhead wires. Mr. Taraday said staff will develop a companion ordinance that imposes similar aesthetic requirements on other facilities. Councilmember Tibbott commented it would be great if the wires and poles around Civic Field could be undergrounded. Mr. Taraday asked for clarification, at one point there was a sentiment expressed for any existing structure over any new standalone. He asked if 5, 6, and 7 were preferred over 4. Councilmembers answered no. Mr. Taraday clarified the Council still preferred 4 over 5, 6 and 7. Mayor Earling said he was on the Council when the Council had to react to cell towers; he was the only Councilmember who voted against it. He encouraged the Council to maintain aesthetics in the community. 11. MAYOR'S COMMENTS Mayor Earling encouraged the community to participate in one or both of the Martin Luther King Day celebrations on Monday, January 21 at the Edmonds Center for the Arts, one in the morning that is more family and youth oriented and another in the evening. 12. COUNCIL COMMENTS Councilmember Mesaros noted although Martin Luther King Day is celebrated on January 21, today is his actual birthday. Council President Fraley-Monillas said the Martin Luther King presentations at the ECA are at 10:00 a.m. (free admission) and 7:00 p.m. ($10 admission). Councilmember Teitzel reported his knee replacement surgery went well and he is healing quickly. He thanked the Council for accommodating his participation by phone; he will return next week. Councilmember Johnson expressed her appreciation for the opportunity to participate by phone. Edmonds City Council Approved Minutes January 15, 2019 Page 18 13. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 14. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 15. ADJOURN With no further business, the Council meeting was adjourned at 10:10 p.m. DAVID O. EARLING, MAYOR "PAS&Y, Edmonds City Council Approved Minutes January 15, 2019 Page 19 - - - -_ - - -- - - - �- -� �x3_ - .-� _ '_ - -