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20190423 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES April 23, 2019 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Adrienne Fraley-Monillas, Council President Michael Nelson, Councilmember Kristiana Johnson, Councilmember Thomas Mesaros, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Al Compaan, Police Chief Don Anderson, Assistant Police Chief Linda Coburn, Municipal Court Judge (by phone) Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Mary Ann Hardie, HR Director Dave Turley, Assistant Finance Director Kernen Lien, Environmental Program Mgr. Frances Chapin, Arts & Culture Program Mgr. Maureen Judge, Council Legislative/Admin. Asst. 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 7:00 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. 3. APPROVAL OF AGENDA COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL TO REMOVE STUDY ITEM 9.1, FUND BALANCE / RESERVE POLICY DISCUSSION. Councilmember Buckshnis explained Finance Director Scott James indicated not all the documents had uploaded correctly. MOTION CARRIED UNANIMOUSLY. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS Edmonds City Council Approved Minutes April 23, 2019 Page 1 COUNCILMEMBER TEITZEL 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 APRIL 16, 2019 2. APPROVAL OF COUNCIL MEETING MINUTES OF APRIL 16, 2019 3. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 4 PFD BOARD CANDIDATE CITY COUNCIL APPOINTMENT 5. PRESENTATIONS BETTY LOU GAENG PROCLAMATION Mayor Earling read a proclamation thanking Betty Lou Gaeng for her community involvement, historical writings and research, and encouraging all residents to join him in extending our gratitude and sincere appreciation to her for her years of service. Ms. Gaeng thanked the City for the proclamation. She was sorry to leave Edmonds but was moving to Alaska to live with her son and grandchildren. Mayor Earling presented Ms. Gaeng with a small gift. 2. ARTS COMMISSION ANNUAL REPORT 2018 Arts & Cultural Program Manager Frances Chapin introduced Edmonds Arts Commission Chair Tanya Sharp. Chair Sharp explained the seven volunteer Arts Commissioners work with the Cultural Services Division on various projects, volunteering hundreds of hours each year. The Arts Commission works in partnership with many different arts organizations and funding partners who help make their programs possible. The Arts Commission was established by City Council 43 years ago to recognize the important role of visual, performing and literary arts in enhancing the quality of life in our community. Chair Sharp reviewed: Mission: o Ensure that the arts are an integral part of the: Central identity, ■ Quality of life, and ■ Economic vitality of Edmonds. Cultural Planning & Implementation 2014 — 2018 o Key Strategy — assessment of cultural tourism and economic impact of arts and culture in Edmonds. o Economic Impact of Arts & Culture Study ■ Economic Impact = about $50 million, and 440 full-time job equivalents and $17 million in labor income generated by Arts & Culture in the City of Edmonds. o Creative District ■ Application for new State Creative District certification • Edmonds designated the first certified Creative District in State of Washington December 2018 ■ Core Programs o Literary ■ 33 years of Write on the Sound writers' conference ■ Sold out - 275 attendees in Lodging revenue - overnight stays Edmonds City Council Draft Minutes April 23, 2019 Page 2 o Literary/Visual • 21 years of the Best Book I Ever Read Poster Contest for third graders o Performing Arts ■ Music at the Library - 7 free music presentations in the Plaza Room, fall - spring ■ Concerts in the Parks Series - 19 free summer concerts at City Park and Hazel Miller Plaza o Visual Arts ■ Rotating exhibits in the library and the Frances Anderson Center • Youth Display Case for local high school students ■ On the fence temporary art installations • Art in the Public Realm o City Art Collection - acquisition and maintenance • Over 150 original artworks located throughout City buildings ■ More than 35 permanently sited outdoor installations ■ 25 small sculptural artworks on new flower basket poles • Economic Vitality/Cultural Tourism o Provide workshop resources to support artists and arts and culture organizations o Recommended $21,000 from Lodging Tax funds to community arts and culture organizations for advertising events which attract visitors • Thank you partners, sponsors and volunteers o Over 1000 volunteer hours contributed for EAC o Partners and Sponsors include: ■ Edmonds Center for the Arts; Edmonds Library; Friends of the Edmonds Library; Edmonds Historical Museum; Wintergrass; EPIC Group Writers; Edmonds School District; Hazel Miller Foundation; Hubbard Foundation; Edmonds Arts Festival Foundation; Lynnwood Honda; Acura of Lynnwood; Edmonds Bookshop; Edmonds Theater; Harbor Square Best Western; Walnut Street Coffee; Windermere Real Estate Edmonds; Patricia Thorpe & Heather Krause/RBC Wealth Management Councilmember Johnson asked about the EAC's plans for the future. Ms. Chapin commented with the Creative District, there is a lot going on. There are ongoing public art projects and temporary art projects and they hope to do other larger projects. She advised of a new online public art walking tour map available on the Edmonds Arts Commission website of the City's collection of public art and other artwork that is visible in the public realm. Councilmember Buckshnis commented the first Creative Art District meeting included a lot of powerful people. She noted many people enjoy the Concerts in the Park and the concerts at Hazel Miller Plaza. Councilmember Tibbott commented he was in awe of the number of volunteer hours, noting those hours and activities help make visitors feel welcome and part of the community. He asked about the historical plaques in front of some buildings. Ms. Chapin answered the Stages of History plaques at 12 sites in downtown are part of the City's art collection and are considered one art installation. The plaques were installed in 2015 with matching funds from the Preserve American Program. The plaques recognize the community's heritage and each one is different and artist made. Ms. Chapin thanked all volunteers, especially the seven Art Commissioners and the Student Representative. She identified Commissioners Rhoda Soikowski and Patricia Oneill in the audience. 6. REPORTS ON OUTSIDE BOARD AND COMMITTEE MEETINGS Edmonds City Council Draft Minutes April 23, 2019 Page 3 Councilmember Mesaros reported the Seashore Transportation Forum meeting included discussion regarding King County Metro services updates to meet the demand; King County Metro is the fastest growing public transportation in the country. An update was also provided by Community Transit regarding the addition of a Swift Line from Bothell to north Paine Field that will reduce the commute time by about 30 minutes compared to regular public transportation and also takes cars off the road. Councilmember Mesaros explained the Snohomish County 911 Board discussed policies related to the purchase of the new emergency radio system that voters approved in November. The Board is comprised of half elected officials and half professionals working in police and fire. Due to the dedication of that group, when people dial 911, they get the best service. The legislature rated Snohomish County 911 as best 911 service in the state. Councilmember Mesaros reported the Edmonds Public Facilities District Board will meet on Thursday and their agenda includes routine financial information. Prior to tonight's meeting the Council interviewed the PFD Board's recommended candidate, Ray Liaw, and her appointment was approved on the Consent Agenda. He advised of the Edmonds Center for the Arts (ECA) Center Stage event on May 1 where the ECA introduces their upcoming season and auction sponsorships, an event that typically raises over $200,000. If anyone wants to attend, he invited them to contact the ECA. Councilmember Nelson reported the Lodging Tax Advisory Committee's retreat included an update on the Creative District and review of the current budget; lodging revenues are strong and Best Western indicated they have strong bookings through rest of the year. The committee also discussed a multi-year approach to lodging tax funds to potentially fund larger opportunities in the future. Councilmember Teitzel reported he and Councilmember Buckshnis serve on the Disability Board which administer benefits for the Law Enforcement Officers and Fire Firefighters (LEOFF), a group of 26 firefighters and police officers who retired decades ago for whom the City covers any medically necessary expenses not covered by insurance. There are currently two members in long term care and a third just entered long term care. The Board reviewed the medical data for this individual and agreed the care was necessary. Councilmember Teitzel reported on the quarterly meeting of the Lake Ballinger Watershed Forum. On March 14t", there was an accidental sewer valve closure by a King County maintenance worker that resulted in a 250,000 gallon sewage spill that covered the yards of approximately 10 ten homes on the south end of the lake requiring a massive cleanup. Procedures have been implemented to ensure that does not occur in the future and remedial training has been conducted. The Forum also discussed plans to use an environmentally friendly chemical, Procellor, to control milfoil. Machine harvesting was tried but did not work because it caused the milfoil to break and sprouts new plants. The meeting also included a report that Sound Transit 3 will include the removal of approximately 5,000 trees, many of them in the Lake Ballinger Watershed; 20,000 trees will be replanted, a net benefit for the environment over time. Councilmember Teitzel reported on the Port of Edmonds Commission meeting; the Port is beautifying the intersection of SRI 04 & Dayton to match the Cascadia Museum side. The breakwater lighting was damaged by a storm this winter and had to be totally replaced. Freedom Boat Club recently opened in the Port; they are targeting younger boaters and hope to have ten members for each of their four boats. The boardwalk on the north side of the marsh is owned and maintained by the City but there has never been an easement; the easement has been written and engaged in by both the City and the Port. Council President Fraley-Monillas reported Snohomish County Tomorrow reviewed housing and development 2040-2050. The Diversity Commission retreat included discussion of goals for the coming year. She met with Verdant and had three Snohomish Health District meeting including an awards Edmonds City Council Draft Minutes April 23, 2019 Page 4 ceremony last Saturday where the public health award was given to the Edmonds School District for their kitchens. A Joint Snohomish County Tomorrow & South County Cities including discussion on the need for housing for the future. Councilmember Tibbott reported the Alliance for Housing Affordability did not meet. He referred to the Economic Development Commission's (EDC) recent report to the City Council, commenting the EDC reviews economic data for the entire City including revenues by businesses. The EDC's meetings include updates from each of the members including the Port, Chamber, Planning Board, and the School District. One of the opportunities the EDC is considering is a joint advertising effort to make advertising dollars go further. He summarized the EDC serves an important purpose and have their eye on economic activities, sources of revenue and new opportunities. Councilmember Buckshnis reported the Creative District's first meeting included review of the five year strategic program which is available on the City's website. WRIA 8's grant funding committee is meeting for three days beginning next Monday to do walkabouts of 19 projects; the total ask is $5 million. Windward, the Council's appointed consultant studying the Marsh, has completed their third task which will be presented to the Council soon. The Earth Day ivy pull at City Park was well attended and very successful. Councilmember Johnson thanked the alternates who attended during her absence: Council President Fraley- Monillas who attended Snohomish County Tomorrow, Councilmember Teitzel who attended the Historic Preservation Commission and Councilmember Buckshnis for overseeing the Windward consultant contract. AUDIENCE COMMENTS Ardis Santwire, Edmonds, a resident of Maplevine Condominiums, was concerned about the legally nonconforming condominium issue. The City code did not take into consideration older buildings that were built before the current code. The code needs to be amended so people living in the 20+ buildings can sell their homes and buyers can get financing. Barbara Pruitt, Edmonds, a resident of Maplevine Condominiums, was concerned about the legally nonconforming condominium issue. She questioned why these issues were not investigated before the new code was adopted, noting buildings constructed in the 1960s and 1970s may not conform with new building codes. She was hopeful the Council would recommend to the Planning Board grandfathering these older buildings, many of which are owned by seniors and is their sole source of money when they need to sell and move into assisted living. Tom Sullivan, Edmonds, a real estate broker, said his client at Maplevine Condominiums expected to close escrow next week until he told her that was no longer possible. His client, a 72 -year old widow living on a fixed income and for whom the condominium is her sole asset, needs the money now. If she is not able to sell, she will experience negative consequences and the buyer, the broker and everyone involved will be upset. He estimated there were 260 units affected by this and it is the Council's job to fix it quickly. Samm Jaenicke, Edmonds, applauded the Council for forming the Housing Commission, a valuable step in ensuring diverse voices are heard. However, even though selecting members who are not members of other boards or commission was stated as a strong preference, it appears not to have been included in the resolution as a requirement. She requested when making selections for the commission, Councilmembers and the Mayor apply that standard, and select members who have not participated in other boards or commissions for the past two years. That would go a long way toward having a commission comprised of truly open minded individuals who do not bring biases into this work. Edmonds City Council Draft Minutes April 23, 2019 Page 5 Marge Plecki, Edmonds, referred to the nonconforming condominium issue, explaining she has a condominium on the market and learned last week it is on the list of nonconforming buildings. She urged the Council to move forward tonight with at least a temporary solution to this problem and a permanent solution in the coming weeks. She expressed appreciation to several Councilmembers who reached out to her following her inquiry. She expressed support for this issue proceeding as a single item and not packaged with other amendments. Margie Clark, Edmonds, an owner of one of the legally nonconforming condominiums, urged the City Council to grandfather the nonconforming buildings as soon as possible. She read a letter from a neighbor Robert and Luann Ogeltree, residents of a 41" floor condominium in Edmonds, who were informed it was not in compliance with the City's height limit although it was compliant when it was built. They invested hundreds of thousands to purchase and upgrade the unit, actions that were not opposed by the Council or Planning Board at the time they occurred. Now it appears they would potentially be prevented from selling or rebuilding should the need arise due to the change in height limits. This could be viewed as taking their investment without compensation and since nothing has changed legally since their purchase and the City, State, School District, etc. have assessed their property at much too high a value in the interim period. Taking their property without just compensation or any wrongdoing on their part is or should be illegal. They urged the City Council and Planning Board to adopt grandfathering language covering all similar buildings in the City. The alternative would be a protracted legal proceeding at great cost to the City and owners. Rebecca Anderson, Edmonds, referred to Action Item 3, Land Use Permit Decision Making and Quasi - Judicial Process and thanked the Council for taking time to carefully review this matter which speaks to their dedication and effort to carefully discern this important issue rather than hastily taking a vote to remove or retain this function. She opined that removing this function would bear undue burden on citizens; forcing residents to go outside the city limit to resolve an issue instead of having elected city government officials participating in the process. Liability continues to be main the reason this issue is being considered for removal. The logic is that by eliminating the quasi-judicial process from the Council, the risk to the City will be greatly reduced. It was her understanding this issue had been adopted and removed several times by the Council over the years. She encouraged the Council to consider the following before taking action, a) will removing Council from the process benefit residents of Edmonds today or in the future, b) will it make it easier for residents to resolve disagreements or issues or make it more complicated and costly, and c) will it keep the Council directly involved in all things Edmonds or give outside influence in the community? Abdicating this vital function will place a barrier between the Council and citizens who voted to place them in office and result in entities outside of Edmonds making important decisions for Edmonds instead of local elected government. Perhaps it is time to stop the game and figure out why quasi-judicial became such a hot potato in the first place and get to the root cause of the controversy instead of removing a Council function that best serves the residents of Edmonds. Michelle Dotsch, Edmonds, thanked the Council for passing the resolution establishing the new housing commission. However, in reviewing the resolution, an important part was left out. As the Council debated the creation of the commission including how to make it truly citizen driven, the practice of how City commissions, task forces, and boards are selected came up. Various groups include the Alliance for Citizens of Edmonds (ACE), a citizen group of about 29 residents, a grassroots citizens group of over 55 residents wrote and spoke to the Council recommending the Council include in the resolution that no residents be chosen who currently serve on any other board, commission or committee or have served in the last two years. She quoted Councilmember Tibbott, the liaison for the Economic Development Commission, who reported to the EDC last month that the Council voted to form a housing commission which will look at varieties of housing and a visioning process the next 10-20 years; no one on current boards/commissions will be eligible for an appointment to the housing commission. She requested the Council amend the resolution forming the housing commission to show they truly desire average residents to be included in Edmonds City Council Draft Minutes April 23, 2019 Page 6 the commission. Citizens are watching and listening for the Council to do the right thing this time, discard the old ways and be advocates for residents, the true stakeholders who elected the Council and ask to have their best interests at heart. Joan Longstaff, Edmonds, having had a real estate company in Edmonds for nearly 40 years and sold many condos, was horrified these residents would be unable to sell and buyers would be unable to get financing. She urged the Council to take the necessary action to prevent that from happening. Wendy Kondo, Edmonds, said what is needed most right now for the many people that have condominiums for sale is for the City to write a rebuild letter, a letter from the Planning Department that says the building can be rebuilt to the existing density. That is what started this issue and is what the bank she is working on the sale of a condo wants. With that letter, the condo sale can close; however, the Planning Department has said they cannot write that letter. Gary Nelson, Edmonds, spoke regarding the quasi-judicial issue, complimenting staff for the great overview in the packet. He explained with a vote tonight, the Council could overturn a Hearing Examiner or Architectural Design Board decision which the Council can do today. If the Council does not overturn that decision, residents are back to where they are today where the applicant or a citizen group has to go to Superior Court. It appears the Council is making a decision when it first comes to City Council so the Council might as well be making the final determination. 8. ACTION ITEMS 1. TEMPORARY EMPLOYMENT CONTRACT -COURT ADMINISTRATOR Municipal Court Judge Linda Coburn (participating by phone) explained the current Court Administrator Sharon Whittaker has accepted a position as the Everett Municipal Court Administrator which requires hiring a new court administrator and temporarily filling the position until a new court administrator is hired. The court administrator is an essential position for the court; the person basically runs the daily operations of the court and because Edmonds is a small court, existing staff cannot absorb that workload. Janet Vandiver is experienced and capable, temporarily held this position previously for former Court Administrator Joan Ferebee, and is available to start work May 1, Ms. Whittaker's last day. This is a temporary employment contract which requires Council approval. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER MESAROS, APPROVE THE PROPOSED TEMPORARY EMPLOYMENT CONTRACT FOR JANET VANDIVER. Council President Fraley-Monillas said she has discussed this position with Judge Coburn and agreed the position was warranted. She encouraged the Council to support Judge Coburn's request for a temporary employee until the position can be filled on a permanent basis. MOTION CARRIED UNANIMOUSLY. 2. OPTION FOR ADDRESSING NONCONFORMANCE IN LIMITED MANNER Development Services Director Shane Hope reviewed: • Multifamily nonconforming Issue o Before the 1980s, multifamily buildings were allowed by zoning code to have more density and height than now Edmonds City Council Draft Minutes April 23, 2019 Page 7 o Edmonds' nonconformance code does not currently allow multifamily buildings to be "grandfathered" to previously allowed density & other dimensions—except in commercial zones o So far, 633 units on 25 sites in town are known to be affected. ■ If they needed to be rebuilt, due to major damage (75% of replacement cost), they could be in limbo • Banks are beginning to turn down financing of these units... • Map of Sites Identified So Far 0 633 units on 25 sites o Not comprehensive o More affected units maybe out there • Parallel Tracks, based on April 16' City Council discussion Interim Ordinance • Short-term (180 days) No public hearing required Could be adopted by City Council as emergency ordinance (immediate effect) Longer Term Ordinance • Goes to Planning Board o Intro – April 24 o Public hearing (with 2 week advance notice) May 8 and recommendation o SEPA documentation • Goes to City Council o Discussed April 16 and 23 o Public hearing with 2 week advance notice May 14 or 21 and possible adoption Some possible longer-term ordinance issues for multi -family nonconforming o Address "grandfathering" only for the number of units? o Also address building dimensions and setbacks? o Need longer than one year after major damage to apply for permit (with complete building plans)? o Should reference be added to building code? Ordinance guided by Comprehensive Plan o Required by state law to implement and to be consistent with the Comprehensive Plan o Comprehensive Plan includes a goal about retaining and preserving housing where possible and policy about reexamining the codes to see what can be done to retain existing housing stock. o Would be discussed at Planning Board Recommendation: o Decide whether to aim for public hearing on longer term ordinance to be May 14? o NOTE: Min. 14 -day advance public notice is required Councilmember Mesaros encouraged Council President Fraley-Monillas to schedule a public hearing on May 14 so the issue can be resolved as soon as possible in a permanent manner to assure residents the investment they've made is truly a good investment. Councilmember Buckshnis spoke in favor of grandfathering, pointing out if a building were destroyed, it would be difficult to determine which unit did not get rebuilt. Common sense says the existing dimensions, height, etc. need to be respected. She supported adopting the interim ordinance, relaying in speaking with Mr. Lien, the language was taken from a previous ordinance. She assured Edmonds was not the only city where this issue arose; it was an anomaly found by an astute banker. Councilmember Tibbott agreed with Councilmember Buckshnis' comments. He asked what specifically changed in the last month that precipitated this issue. Ms. Hope answered the City received a call from a realtor whose client was in her 70's, had planned to sell her unit, had arranged a sale and made plans to Edmonds City Council Draft Minutes April 23, 2019 Page 8 move into assisted living, and the bank refused to finance. Staff also learned there were other buildings that had a similar issue. Councilmember Tibbott asked if the banks had changed their way of evaluating buildings. Ms. Hope agreed there was a general trend of banks getting tighter in the last several years which increased the likelihood that they would notice this issue. Councilmember Tibbott referred to Ms. Kondo's comment about a letter from the Planning Department allowing the condo to be rebuilt and asked whether the interim ordinance would allow that letter to be provided. Ms. Hope said the interim ordinance would allow the City to issue a letter to the bank because it would state under the existing code, it would be allowed to be rebuilt. Councilmember Teitzel was concerned about the problem that had been created for citizens, noting in some cases, the ability to sell their condominium was their lifeblood, thus the need for the City to move quickly to resolve this issue. He asked whether the interim ordinance would apply to apartments buildings, duplexes, triplexes, fourplexes, etc. Ms. Hope said it applies to multifamily; there are a number of apartment and condominium buildings. She did not believe it would apply to duplexes but buildings with more units. Councilmember Teitzel was uneasy the full universe regarding the number of units was not well understood. He was hopeful that as work on a permanent ordinance continued, that could be identified. He supported the interim ordinance due to the need to move forward quickly on a temporary basis. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO ADOPT THE INTERIM ORDINANCE. MOTION CARRIED UNANIMOUSLY. Ms. Hope asked about scheduling a public hearing on May 14. Council President Fraley-Monillas said she will research having a hearing prior to committee meetings. 3. LAND USE PERMIT DECISION-MAKING AND QUASI-JUDICIAL PROCESS Environmental Program Manager Kerner) Lien reviewed: • Tonight looking for consensus on Council role: o Quasi-judicial appeal, or o Council as appellant ■ Regardless of decision on Council quasi-judicial role, move forward with other previously presented related code amendments o Type IV -A (Final Formal Plats and PRDs) o ECDC 17.00.030 — Public Agency Variances o ECDC 20.100.040 — Review of Approved Permits o ECDC 20.06 (Open Record Public Hearings) and ECDC 20.07 (Closed Record Public Hearings) o Development Agreements COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS TO REMOVE THE TOPIC FROM THE TABLE. MOTION CARRIED (6-1) COUNCILMEMBER TEITZEL VOTING NO. Councilmember Johnson distributed a proposed amendment to 20.01.003.A Permit Type and Decision Framework. She expressed concern with the cost of outside counsel and staff resources following the quasi- judicial review of two major projects, the Burnstead subdivision near Hickman Park and Building 10 at Pt. Edwards. The Council discussed the quasi-judicial process at the Council retreat three years ago; this is an opportunity to consider all the public comments and give direction to staff. She proposed moving three decisions (design review, preliminary formal plat and preliminary planned residential development) from Type IIIB which includes Council review, to Type IIIA which does not include Council review. This would Edmonds City Council Draft Minutes April 23, 2019 Page 9 accomplish what she initially sought, to get the Council out of the protracted quasi-judicial hearing process, noting the Council's review of those two matters occurred prior to four Councilmembers being on Council. Mr. Lien displayed the table in ECDC 20.01.003.A. explaining generally Type IIIA decisions are not appealable to City Council and Type IIIB decisions are appealable to City Council. With regard to Building 10 and the Burnstead development, design review or a public hearing by the Architectural Design Board (ADB) is required. If that section were moved, it would apply to larger commercial developments as well. Generally projects that required ADB review also trigger SEPA, multifamily developments of five or more units or commercial developments with 4,000 square feet of commercial area and 20 new parking spaces. The Burnstead development was a preliminary formal plat and a planned residential development. If the Council only did not want to hear quasi-judicial on those type of projects, the simple fix would be to move them from Type IIIB column to the Type IIIA column and they would not be appealable to City Council which is basically Councilmember Johnson's proposed amendment. Councilmember Johnson asked City Attorney Jeff Taraday if that could legally be done. Mr. Taraday said there is no legal prohibition on creating different processes for different types of applications. If the Council wanted to retain its quasi-judicial role for a certain subset of applications and not have a quasi-judicial role for another subset, it was free to do that. Councilmember Mesaros asked if this was an action item. Mr. Lien said the action staff is seeking is direction whether the Council wants to remain in quasi-judicial and whether to bring back the other amendments. Councilmember Mesaros referred to public comment that there is less cost to appeal to the City Council compared to Superior Court and asked Mr. Lien what the fee was to appeal to City Council. Mr. Lien answered an appeal of a Type IIIB decision to City Council is $500; the filing fee for a judicial appeal to Superior Court is $240. The cost is in regard to legal representation; appeals to Superior Court may be more likely to have legal representation although appeals to City Council often have legal representation. For example, both the Burnstead and Building 10 appeals had legal representation for all parties involved. Councilmember Mesaros asked how many items that have come to the City Council for quasi-judicial review were then appealed to Superior Court, thereby adding a step for citizens rather than making it simpler. Mr. Lien said there have been four appeals to City Council in the last ten years (Burnstead Plat, Hillman critical area variance, Pt. Edwards Building 10, and the Willowdale Fence), two went on to Superior Court. There were two closed record appeals on the Burnstead development, one in 2007 that went to the appellant court and was remanded back to the Council. The second closed record appeal in 2012 was not appealed further. Building 10 was appealed to Superior Court; prior to a decision being issued in Superior Court, a settlement agreement was reached. Councilmember Mesaros said his concern was related to cost and the fact that if an appellant does not like the Council's decision, they have expended a considerable amount of money and then have to spend more to appeal to Superior Court. This is an opportunity for the City Council to be advocates for constituents which is not allowed under the current quasi-judicial process. During a quasi-judicial review, the Council cannot talk to constituents and can only review the record created by the hearing examiner. He referred to Councilmember Johnson's proposal, noting it may reduce the number of City Council quasi-judicial reviews thereby creating less bureaucracy for citizens. Mr. Lien said the packet included a comparison prepared by the City Attorney of the Council in the quasi-judicial role versus the other role. Councilmember Buckshnis said in the nine years she and Council President Fraley-Monillas have been on Council there have been eight quasi-judicial reviews where the Council either affirms or disagrees with the hearing examiner's decision and in most cases have affirmed the hearing examiner's decision. Mr. Lien displayed the chart in 20.01.003.A, advising in addition to appeals, the Council also makes quasi-judicial Edmonds City Council Draft Minutes April 23, 2019 Page 10 decisions such as formal plats, final formal plats, final planned residential development (PRD), site specific rezones, and public agency variances such as high school. He summarized there have been other quasi- judicial decisions that have come to the City Council, but only four Type IIIB quasi-judicial appeals. Councilmember Buckshnis said citizens have a right to speak to their Councilmembers rather than go to Superior Court. The change was made in 2010 and it has remained for 9 years. The problem she envisioned with the Council advocating was the possibility of a 4-3 Council vote. For example if she was on the minority side, City employees would be advocating for the majority and she anticipated this could become a political hot potato when the minority did not want staff to advocate for a citizen in Superior Court. Councilmember Buckshnis asked if respected Councilmember Johnson's proposal only addressed multifamily. Mr. Lien said if the highlighted decisions were moved, design review by the ADB would apply to design reviews that trigger SEPA which is multifamily of 5+ units or commercial of 4,000+ square feet. Councilmember Buckshnis referred to the quasi-judicial review related to locating a house in a critical area. Mr. Lien explained that was the Hillman Variance; critical area variances are now in the Type IIIA column. When the critical area code was updated a few years ago, based on the resolution that the Council wanted to get out of quasi-judicial review, those no longer come to City Council. Councilmember Buckshnis supported having the Council in a quasi-judicial role because she believed citizens have a right to appeal to City Council. Council President Fraley-Monillas supported retaining the City Council in a quasi-judicial role. If Councilmember Johnson's proposal is approved, individual homeowners could still appeal to City Council. Mr. Lien explained if the amendments proposed by Councilmember Johnson were approved, essential public facilities, conditional use permits which require a public hearing by the hearing examiner, zoning variances, height and setback variances and home occupation permits where a public hearing is required by the hearing examiner, would remain in the Type I1113 column. Council President Fraley-Monillas asked for examples of essential public facilities. Mr. Taraday answered it is anything that is difficult to site such as jail, a train station, garbage dump, or other public facilities that are essential to society that are generally difficult to site. State law required cities adopt processes for siting essential public facilities. Councilmember Tibbott said he has thought a lot about whether the Council should remain in the quasi- judicial process. He was not confident sending an appeal to Superior Court would serve their best interest. Due to ambiguities in the code, it serves citizens well for the City Council to hear appeals. He was in favor of the Council maintaining its quasi-judicial role. However, he appreciated Councilmember Johnson's amendment because it eliminated a couple of the topics he was most reluctant to review, partially because of what he witnessed as a Planning Board member when the Burnstead development and Building 10 came to the City Council. He was in favor of the amendments proposed by Councilmember Johnson and requested additional language in the code to help buttress the way reviews come to the City Council. Often the Council is surprised by them or not well informed in advance so there is the potential for Councilmember to hear additional information about a site outside the record. He suggested there be a better process for bringing information to the City Council and Planning Board. Councilmember Tibbott relayed his discussion with Mr. Taraday about a recent Council quasi-judicial review. In the beginning he had no conflict of interest, but as the process unfolded, he realized he had more information about the topic than was introduced. He suggested training for the Council that allows an executive session or ability to voice concern about continuing as an impartial member of the review panel. Mr. Taraday had assured him that could be part of the quasi-judicial process. Councilmember Tibbott said if WCIA is concerned about the Council's exposure to liabilities, it may be helpful for WCIA to provide Edmonds City Council Draft Minutes April 23, 2019 Page 11 training regarding how quasi-judicial reviews are conducted. He summarized he was in favor of retaining the Council in a quasi-judicial role and supported the amendment proposed by Councilmember Johnson. Councilmember Teitzel found the decision matrix very helpful. There has been a great deal of discussion about the cost to a citizen under the current quasi-judicial process to bring an issue to Council versus the new process. It was his understanding the cost to bring an appeal to the City Council was $500. Under the new process where a citizen brings an issue to Council and states their belief that an error has been made and Council agrees to advocate for the citizen, there is no cost to the citizen. Mr. Lien agreed. Councilmember Nelson expressed support for the Council's role in quasi-judicial reviews. It is a way for citizens to have an accessible form of quasi judiciary. It may be imperfect but it works and allows citizens to come to City Council. In practice, the Council rarely exercises the role. It is a small price to pay for that accessibility. Mr. Lien summarized a majority of the City Council wants to stay in the quasi-judicial role. Staff will prepare an ordinance, taking into consideration Councilmember Tibbott's comments. He asked for confirmation that the Council supported Councilmember Johnson's proposed amendment, remaining in a quasi-judicial role but moving the highlighted permit types into the Type IIIA column. A majority of the Council supported Councilmember Johnson's proposed amendment. Mr. Lien advised that change would be included in the ordinance. Mayor Earling declared a brief recess. Discussion about adding an agenda item regarding the Citizen's Housing Commission Council President Fraley-Monillas referred to comments during Audience Comments regarding the Housing Commission. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADD TO THE HOUSING COMMISSION RESOLUTION THAT APPLICANTS MUST NOT CURRENTLY BE SERVING ON BOARDS OR COMMISSIONS OR HAVE SERVED ON BOARDS OR COMMISSIONS OVER THE PAST TWO YEARS. City Attorney Jeff Taraday said as this was a regular meeting, items could be added to the agenda via a vote of the Council. If the intent is to amend a resolution that has already been adopted, that requires another resolution. Council President Fraley-Monillas asked why the resolution could not simply be amended. Mr. Taraday advised the resolution could be amended via another resolution. If the Council's intent is to vote on a resolution not currently before the Council and have it signed by the Mayor without coming back to the Council, that intent should be clear in the motion as that is not the normal process. Councilmember Johnson raised a point of order and suggested putting this on a future agenda due to procedural issues. Council President Fraley-Monillas suggested the Council adopt a new resolution, adding that no citizen currently serving on a board or commission or serving on a board or commission for the last two years for review at the next Council meeting. Mayor Earling spoke in favor of the point of order made by Councilmember Johnson. Mr. Taraday explained as the Council President, Council President Fraley-Monillas could schedule a new resolution on the next agenda without a vote of the Council. Council President Fraley-Monillas said the amendment does not change the intent of the resolution establishing the housing commission. Mr. Taraday Edmonds City Council Draft Minutes April 23, 2019 Page 12 relayed his understand that Council President Fraley-Monillas was directing him to bring back a resolution for the next Council meeting making that amendment. Council President Fraley-Monillas said she did not want to delay the process. She asked if the application process could proceed assuming that additional language. Development Services Director Hope advised staff is ready to seek applications. The current language states preference will be given to those who are not on a City -appointed board or commission; it does not say anything about other organizations that may already be taking positions on housing issues. She suggested slightly modifying that by indicating the Council intends to reexamine that issue and may exclude citizens serving on a board or commission or who have served on a board or commission in the last two years. Council President Fraley-Monillas asked if it was reasonable to inform applicants that a pending amendment could affect certain people's qualifications. Mr. Taraday said it would be okay to inform applicants of that. He suggested ascertaining if there was majority support for that concept by Council. Ms. Hope advised information on the website would be updated as new information arises. Councilmember Johnson reiterated her point of order point of order, expressing concern with just having a head -nod to make a decision this important. She requested it be added to the agenda or to direct the City Attorney to bring it back in two weeks. Councilmember Buckshnis agreed with Councilmember Johnson's point of order. She supported proceeding with the application process with the preference language and Councilmembers could review applications with that in mind. Council President Fraley-Monillas asked if a vote of the Council was required. Mr. Taraday answered as the maker of motion, if it was Council President Fraley-Monillas' desire that staff notify applicants that they may ultimately be disqualified by a future Council action, a vote tonight on that future Council action would be helpful. Otherwise there is no point in providing that notice to applicants. If the Council is content to accept applications and not say anything to the applicants and take action at the next meeting, no vote is necessary as the Council President can put the item on the next Council agenda. His understanding is the Council President has the authority to set the agenda prior to a meeting. Once the Council meeting starts, the agenda is controlled by the Council, not the Council President and adding an agenda item requires a vote of the Council. COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO ADD THIS TO THE AGENDA AS ITEM 8.4. Councilmember Teitzel said as drafted, the resolution did not ignore or disrespect citizen input, it was intended to create flexibility. For example, there was a representative from ACE on Ms. Hope's task force; if the amendment to the resolution is not worded carefully, that person, who has some very good, very definite, valuable thoughts about the housing process could potentially be precluded from serving on the new housing commission. He summarized the wording of resolution provided flexibility and the ability for Councilmembers to use their judgment in allowing citizens to participate. Councilmember Buckshnis agreed with Councilmember Teitzel that there is a difference between a board and a commission and a mayor -selected committee. MOTION CARRIED UNANIMOUSLY. 4. RESOLUTION FORMING CITIZENS' HOUSING COMMISSION Edmonds City Council Draft Minutes April 23, 2019 Page 13 COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER NELSON, TO CREATE A NEW RESOLUTION AS THE OLD RESOLUTION STATES WITH THE EXCEPTION OF ADDING ANYBODY CURRENTLY ON A CODIFIED BOARD OR COMMISSION OR HAS BEEN ON A CODIFIED BOARD OR COMMISSION IN THE LAST TWO YEARS SHALL NOT BE PERMITTED TO SERVE. MOTION CARRIED (6-1), COUNCILMEMBER JOHNSON VOTING NO. Councilmember Johnson commented there are many members of boards and commissions with experience with housing such as the Planning Board who has dealt with this issue in many ways. For that reason, she opposed the amendment. Mr. Taraday summarized the revised resolution will be on the May 7, 2019 Consent Agenda. 9. STUDY ITEMS 1. FUND BALANCE / RESERVE POLICY DISCUSSION This item was removed from the agenda via action taken under Agenda Item 3. 2. PRELIMINARY DECEMBER 2018 QUARTERLY FINANCIAL REPORT Finance Director Scott James 2018 financial highlights o Overall City-wide Financial Performance Results Include: ■ Revenues finished $2.9 million ahead of last year ■ Expenses finished $706,000 lower than last year ■ Debt was reduced by $2.507 million ■ Capital expenses totaled $13.1 million ■ Investment income totaled $917,754, an increase $264,000 o General Fund Financial Performance Results Include: ■ Revenues finished $2 million ahead of last year ■ Sales tax revenues increase by $1 million ■ Development related revenues decreased $426,000 ■ Expenditures finished the year at 91 % of Budget ■ Ending Fund Balance increased $707,886 o Comparison of General Fund Changes in Fund Balance ■ General Fund ending fund balance: $10... o Sales Tax by Source 12 months ended December 31, 2018) 2018 Total $8,406,296 Retail Automotive $1,770,393 Manufacturiny, $102,598 Gasoline $35,957 Eating & Drinkin $1,021,386 Health & Personal Care $235,903 Others $155,487 Construction Trade $1,80,883 Clothing & Accessories $244,814 Amusement & Recreation $87,647 Misc Retail $1,168,815 Wholesale Trade $309,738 Communications $241,468 Accommodations $47,962 Edmonds City Council Draft Minutes April 23, 2019 Page 14 Business Services $690,265 Retail Food Stores $297,098 Automotive Repair $191,884 Change in Sales Tax Revenue December 31, 2018 compared to December 2017 2018 Total $1,011,182 Retail Automotive ($51,189) Manufacturing $8,400 Gasoline $70 Eating & Drinking $78,474 Health & Personal Care $7,604 Others $107,528 Construction Trade $503,310 Clothing & Accessories $16,200 Amusement & Recreation $1,974 Misc Retail $213,661 Wholesale Trade ($9,360 Communications 414,763 Accommodations $531 Business Services $80,985 Retail Food Stores $25,876 Automotive Repair $12,356 • Comparison of top five sales tax categories (2013-2018) Source 2013 2014 2015 2016 2017 2018 Construction Trade $724,302 $835,645 $1,348,832 1,060,245 $1,397,738 $1,804,883 Retail Automotive $1,256,641 $1,522,374 1,630,09 $1,769,983 $1,819,035 $1,770,393 Misc Retail $677,361 $741,537 $813,560 $858,108 $955,035 $1,168,815 Eating and Drinking Similar to Misc. Retail 1 $1,021,386 Business Services $425,615 1 $430,383 1 $458,071 1 $499,728 1 $609,233 $690,265 • Investment Annual Interest Income o Investment Committee comprised of Mayor Earling, Assistant Finance Director Dave Turley and Finance Director Scott James o Investment income expected to increase in 2019 2014 12015 12016 12017 12018 $163,214 $335,926 1 $423,816 1 $653,690 1 $917,754 • Real Estate Excise Tax Comparison 2014 12015 12016 12017 12018 $1,879,861 1 $2,699,178 1 $2,589,551 1 $2,983,643 1 $3,583,153 • Recovery on Track to Break Record (Source: NEBR) o Average Recessions Lasted Approximately 14 Months o Average Recovery Lasted Approximately 75 Months o We are now in our 119th Month of Recovery 0 39 Days and Counting to Break 120" Month Record • City Fleet Environmental Improvements o Between October 2012 and January 2013, fifteen police vehicles and one street vehicle converted to propane o Now have a total of 36 propane and 10 hybrid vehicles out of a fleet of 118 Auto as Savings Report (through November 30, 2018) Fuel Savings Last 3 Months $13,193 Fuel Savings Last 12 Months $48,503 Edmonds City Council Draft Minutes April 23, 2019 Page 15 Total Savings to Date 1 $255,681 Summary Cost Savings Analysis CO2 Emission Reduction Overall (inpounds) Gasoline Average Price Last 3 Months $4.39 Auto as Average Price Last 3 Months $1.71 Average Savings Per Gallon Last 3 Months $1.49 Auto as Gallons Used Last 3 Months 9,849 Fuel Savings Last 3 Months $13,193 44% Total Fuel Savings to Date $255,681 51% Environmental Savin s Analysis to date CO2 Emission Reduction Overall (inpounds) 453,812 Gasoline Gallons Displaced Overall 151,885 • Graph of Outstanding Governmental Debt (2019-2030) o Current outstanding debt: $5.5M o Will be retired in 2030 • Graph of Outstanding Utility Debt (2019-2039) o Current outstanding debt: $42M o Will be retired in 2039 Councilmember Buckshnis commended staff on the investment income. She liked the new slides regarding the five top revenues. She commented on the great recession in the late 2000s in which Lehman Brothers closed, Goldman's became a bank, Chase absorbed Washington Mutual, etc., a total mess. With regard to being in the 119"' month of recovery, she anticipated months of recovery because the president continues to deregulate and past recessions have just been normal blips. Mr. James commented in December 2018 for the first time there was an inversion in the yield curve for treasuries, where short term rates paid higher than 10 year treasury bonds. That has been a signal in the past of a precursor to a recession, but it could be anywhere from 9 to 19 months later. He agreed the economy was still strong and the City is showing good financial results this year. Councilmember Buckshnis anticipated there would be some market adjustments but she believed the economy would still be good for a couple years. Councilmember Teitzel agreed it was a rosy picture, but that makes him uneasy because it will not stay rosy. There also can be disagreements about how long it will take for the cycle to go south; everyone knows it will as the economy runs in cycles. He wanted to be prepared to avoid headcount reductions, lack of street maintenance, etc. He referred to the sales tax by source pie chart, noting approximately 1/3 of the City's sales tax comes from retail auto sales and eating and drinking establishments, sources he considered volatile during a down economy as people stop buying cars and/or going out to eat. During the next economic downturn, 1/3 of the City's revenue could be at risk. He recommended being conservative and planning for that, acknowledging it was difficult to say exactly when it would happen but it was coming. Councilmember Johnson commented the presentation highlights some of the great things in the City. She thanked the fleet manager for all the conversions and fuel efficiencies and the investment committee for their investments which have paid off. With regard to debt, she expressed interest in learning more about utility debt and plans to reduce it over time and be self-funded, what the $5M was being spent on and how it could be spent in the future such as undergrounding utilities. She acknowledged the City still has roads, sewers, etc. to build and suggested this be discussed with the Finance Committee. Councilmember Tibbott especially liked the year to year charts showing changes and top five categories of sales tax. He suggested that information be provided to the EDC. Edmonds City Council Draft Minutes April 23, 2019 Page 16 3. DISCUSSION OF NON -REPRESENTED STAFF SALARY INCREASES Council President Fraley-Monillas explained their research found Non -Represented staff are paid within the median of salary; some comparator cities pay above and some pay below. With the assistance of Council Legislative/Admin. Assistant Maureen Judge, Council President Fraley-Monillas reviewed: • Background o At the December 11, 2018 Committee Meeting of Personnel and Public Safety, the HR department introduced a Non -Represented Compensation Study with the Mayor's recommendation to increase Edmonds Director's salary band and increases for two Assistant Police Chiefs and three employees with pay disparities, and give the Police Chief a $4500 one- time contribution to deferred compensation. In addition, provide a one-time, $500 per non - represented employee contribution to a health retirement account (HRA-VEBA). Optics o Mayor Earling's recommendation to increase Edmonds Director's, Police Chief and Assistant Police Chief's salary band—for the highest paid earners in the city— negatively effects morale of all of the city employees, in particular those at the top step of their salary band. This issue is not being addressed for the rest of the city employees o Fairness ■ 50 Rank and File Represented Employees: - Have not had a cost of living adjustment (COLA) since 2017; - They are paying more for health insurance in 2019 and are not beneficiaries of the VEBA one-time payment; - Many believe they are not being heard by this administration. o Parity ■ COLA Increases to director -level positions result in significant raises: - When you are an Administrative Assistant making approximately $50k per year, a 3% COLA amounts to $1,500 per year. - When you area Director and you make $159,700, a 3% COLA equals $4,791 per year. o Total s The Mayor's total requested increase of approximately 8% for Directors and Assistant Police Chiefs equals a low of approximately: - $12,080 each per year to a high of $13,036 each per year - Totaling approximately: $115,851 for (9) employees • The Council's comparator cities for Edmonds are o Within <10k> of Edmonds population of 41,820 o Within the greater four -county Metro area o Reminder: salaries should reflect the median, not the high or low end of each range • Positions for salary benchmark comparators o Public Works Director o Finance Director o Human Resources Director o Parks & Recreation Director o Development Services Director o Community Services/Economic Development Director o Assistant Police Chiefs Tables for each position comparing salaries in other cities/counties, Mayor's proposal, cost and notes Council President Fraley-Monillas apologized to the Director she used last week as an example in her presentation; it was not meant to be directed specifically toward one Director. She continued her presentation: Edmonds City Council Draft Minutes April 23, 2019 Page 17 Finally: Results of the study: o Net result of the salary research: current city salaries for the six Director positions, Police Chief, and two Assistant Police Chiefs are well within comparator -city range. ■ They currently reflect the MEDIAN o Mayor proposed increases are not aimed at employee retention The Mayor's proposed increases are excessive at a time when Edmonds citizens are reportedly being taxed out of their homes or are on the edge of losing their homes due to increased taxes in all sources. • The median income for Edmonds households: $82,697 (Source: American Community Survey, 2017) • Definitions: o According to Patrick Doherty who was asked what the average income for an Edmonds citizen: "That would come from the American Community Survey (subset of the US Census). BUT they don't show the "average" (btw, they use the word "mean") individual income. They do have the mean household income, estimated in 2017 for 2016 earnings, which is $112,186, or mean family income which is $137,537. The only thing close to what you're specifically asking for (what "people" make), I guess, would be the "median earnings for workers" BUT that's not a good figure to use for any comparison of other figures that is based on "averages" or "means" because "medians" are MUCH lower. For example, the median household income is $82,697, while the mean is $112,186. The mean is the typical mathematical average — each individual income number totaled up and divided by the total number of incomes. The median is just the midpoint numerically in the range from the highest income to the lowest income. It doesn't represent what the average person makes." • For context - State and County agency executive salaries for 2018-2019 are included to highlight positions with greater responsibility and scope of influence, as example: o Governor Jay Inslee: $177,107 k Employees: 64,039 o WA State Treasurer: $144,679 o WA State Commissioner of Public Lands: $138,225 o Snohomish County Executive Dave Somers: $183,939 o Employees: Over 2,500 o Snohomish County Treasurer: $136,356 o Snohomish County Sheriff Ty Trenary: $168,021 ■ Council action on April 2°d: o Increased salaries for the three employees with pay disparities outlined in the Non -Represented Compensation Study. o The Directors, Assistant Police Chiefs, among the 44 non -represented employees receiving a one-time $500 contribution to HRA-VEBA accounts and a 3% COLA. • Recommendation o No salary increases for Directors, Police Chief, or Assistant Police Chiefs at this time based on research on public employees. o Re-evaluate Directors, Police Chief, and Assistant Police Chiefs salaries and benefits in the next three-year review cycle for potential increases in 2022. Council President Fraley-Monillas said one issue that is not addressed that she would be willing to address if necessary would be the benefit packages which vary by city and count toward additional compensation such as extra time off, city -owned vehicles, clothing allowance, etc. which they did not have an opportunity to research. Two more comparator cities were added to their analysis. Edmonds City Council Draft Minutes April 23, 2019 Page 18 Councilmember Teitzel asked why the comparator cities were not the same as those used by HR Director Mary Ann Hardie in her analysis, in some cases they are different and the salary ranges differ. Council President Fraley-Monillas said they did not use every comparator city due to the time that would require. Councilmember Teitzel observed Ms. Hardie used eight comparator cities; Council President Fraley- Monillas used a different number. Council President Fraley-Monillas said they added the 3% COLA to the total compensation which may not have been added to Ms. Hardie's analysis. She did not receive Ms. Hardie's report until about 11 am today. The general rule of thumb is they believe the Directors are paid within the median. Councilmember Buckshnis apologized to the Public Works Director for being singled out during last week's presentation. She and Council President Fraley-Monillas have worked in the public sector and knew raises were not given, let alone 5% raises. Rather than a 5% increase, she suggested hiring a consultant to review the bands. Council President Fraley-Monillas said there needs to be a policy regarding what happens when employees reach the top step because there are a large number of City employees at the top step of their scale as well. When she worked in government, employees got promoted or changed jobs when they reached the top band. Councilmember Buckshnis reiterated it may be necessary to have an outside consultant conduct an independent review. Councilmember Johnson recalled that was last done in 2012. Councilmember Buckshnis recalled in 2012 Councilmember Johnson and then-Councilmember Bloom reviewed all the job descriptions. Council President Fraley-Monillas said it is common in government to work in a salary range/band and generally the only increase at the top of the band is a COLA which the Directors and Police have all received. For Councilmember Mesaros, Council President Fraley-Monillas assured in her years of public service and working for government, the bands were never changed. Councilmember Mesaros asked for clarification; if someone was working in an administrative role 3 8 years ago and their salary range was $10,000 - $25,000, the salary range was the same 38 years later. Council President Fraley-Monillas said the only time there was an increase in the band was when a particular job category was reviewed; she recalled that was done once every ten years. Councilmember Mesaros said he would like to see some facts around that because that statistic of 38 years with no change in the band seemed unrealistic. Council President Fraley-Monillas corrected him that it was 33 years and she did not say there was no change, just no changes that she remembered. She recalled there were changes made to job classes but not jobs as a whole, those were addressed via COLAs. Councilmember Mesaros said the current policy states the bands will be considered and adjustments made based on comparator cities. Human Resources is charged with that task and presenting information to the Council which the Council had an opportunity to review last week. The Council should be following that policy. Council President Fraley-Monillas said it is up to Council's purview. Councilmember Mesaros observed although Council President Fraley-Monillas was recommending the Assistant Police Chiefs (ACOP) not receive an increase, there is one Officer and three Sergeants who make more than the ACOPs in straight salary. Given there are opportunities they have to serve in different cities in the area, that is a disparity in salaries for the senior employees in leadership. Council President Fraley-Monillas said that is a factor for all employees. Councilmember Mesaros summarized those providing significant leadership should not be penalized. Council President Fraley-Monillas relayed their research found the ACOPs were paid within the median and most departments only had one ACOP, not two. Councilmember Mesaros asked which cities comprised "most." Council President Fraley-Monillas referred to the listed comparator cities, Lake Stevens, Lacey, Burien, Puyallup, Lynnwood, and Bothell, and said only Bothell and Edmonds have two ACOPs. She noted there were a number of no matches in the comparator cities. Edmonds City Council Draft Minutes April 23, 2019 Page 19 Council President Fraley-Monillas said their response today was primarily regarding parity and fairness versus specifically whether they should be paid one range up or down. Citizens are concerns about their own salaries and the fact that an average citizen's salary is $87,000/year. Councilmember Johnson raised a point of order, stating according to Roberts Rules of Order, it was not appropriate to have a one-on-one discussion between Councilmembers. Mayor Earling ruled Councilmember Mesaros could proceed. Councilmember Johnson requested Mr. Taraday research and Mayor Earling proceed to the next Councilmember. Mayor Earling reiterated Councilmember Mesaros would be allowed to continue. Councilmember Mesaros said what is missing is an overall view of salaries and suggested a fuller salary study needed to be done in the future. The current policy states a review of the bands using comparator cities and information presented by the Human Resources Department. The Council needs to follow the policy by looking at the data from the Human Resources who has provided that data in the past. To have a secondary set of data presented along with a lot of editorial comment is not a good way to review information. He summarized this was moving in the wrong direction. With regard to several Directors being at the top of their range, Councilmember Teitzel said the current policy under annual salary adjustment states, "Each employee will maintain the same step within the newly approved salary range that they held prior to the adjustment." He asked what that statement meant to Council President Fraley-Monillas relative to Directors that are currently at the top step within that range. Council President Fraley-Monillas said she did not have an answer. Councilmember Teitzel interpreted that to mean if a Director was at the top of their range and a new salary range was approved, that Director would move to the top of the range in the new salary band. Council President Fraley-Monillas agreed. Councilmember Buckshnis observed the Council previously did not have a Legislative Assistant. Having one now allows the Council to do due diligence to check financial information which is appropriate because the Council controls budget. Council President Fraley-Monillas agreed which is the reason she began this process. Councilmember Buckshnis said she was not happy there was a placeholder in the budget without a full Council vetting. Human Resources Director Mary Ann Hardie explained her presentation was follow-up to help clarify the Mayor's recommendation for the Directors, Chief of Police and Assistant Chief positions from the 2018 Non -Represented Compensation Study. • 5.5 NR Employees (Compensation Policy) o City Policy approved by Council in 2012. Created to help ensure equity and to maintain competitive salaries and benefits in order to attract and retain high quality staff and an effective work force and to maintain salaries that are internally equitable, in proper relationship to all other jobs within the City, within reasonable budget parameters. o Study of 45 employee positions (almost all exempt and salaried employees) Includes paraprofessional, professional and managerial and director positions. o Study analysis completed by HR staff every three (3) years as required by Council approved policy. o Based on the study results and policy language, the Mayor brings forward salary/benefit recommendations from the study to Council for approval. o The 2018 study was first presented to Public Safety, Personnel and Planning (PSPP) Committee on 12/11/18. • By policy, the comparable cities must be located in Snohomish, King, Pierce, [and] or Thurston counties; with a population that is no more than 10,000 over or no more than 10,000 under the population of the City of Edmonds. Edmonds City Council Draft Minutes April 23, 2019 Page 20 a o The application of the above criteria is then utilized to select a minimum of eight (8) agencies that are closest in population to the City of Edmonds. 0 2018 comparable cities (by population): Burien (51,850) Lake Stevens (32,750) Puyallup (41,100) Bothell (45,260) Lynnwood (38,260) University Place (32,820) Issaquah (37,110) Lacey (50,170) o By policy, the compensation philosophy is to pay at the median of the market comparators. o Benefits have been compared separately (as has been the study presentation practice), however, the benefits comprise an important part of total compensation. Study Analysis Methodology "Matching" o Each position is compared to other positions at the comparators cities to see if there is a "MATCH." o If a position is a "MATCH," then the position's duties, at Edmonds are at least an 80% match (by policy) for the scope of duties at the comparator city. o If not, they are considered a "NO MATCH." This may mean that a position of similar title or identical title at a comparator city may not be a match for the survey position in Edmonds. ■ For example, with the Public Works Director position, the City of Burien's Public Works Director position is not responsible for utilities, WWTP, fleet or facilities. For this reason, the survey reflects "NO MATCH." o Also, some positions have been "levelled" with up to an additional % added to the pay range (such as an extra 5% for the PW Director for oversight of the WWTP, which other cities do not have). Study Analysis Methodology — Midpoints o The Council approved policy language states: ■ Every three years, based upon the survey data, the Mayor will recommend salary range market adjustments for non -represented positions to City Council. The Mayor will consider the following criteria in developing the recommendation: — Maintain the mid -point of each salary range between 5% high/low of the mid -point of the comparator city — median. — Positions requiring adjustment will be assigned to the new salary range within the salary range table that places the position closest to the comparator city median. o All of the Director and Assistant Chief of Police positions (with the exception of the Police Chief position), based on the study, are out of alignment with the median of the midpoint by policy and are recommended for adjustment to the next pay band. They are also out of alignment with the top end of their salary range(s) for both 2018 and 2019, which can affect pay competitiveness and recruitment. Study Analysis — Midpoint o Median, Current Edmonds Range, Proposed Base Range for min, mid and max, and Edmonds current actual pay range for Assistant Police Chief, and all Director positions o Minus 5% from the midpoint of the median of the comparator cities, by policy it must be within 5% of the range and if not, by policy, the salary moves to the next pay range o Chart of Directors and ACOPs comparing 2019 data with 3% COLA with other cities ■ Salaries are still not in alignment with median midpoint Study Data Results o Independent study information was presented at the 4/16/19 Council meeting that was not the basis of the Mayor's recommendations. o The 4/16/19 study information presented at Council has been reviewed with the Mayor's recommendations (from the City policy based study completed by HR) in order to better understand the Mayor's recommendations. Edmonds City Council Draft Minutes April 23, 2019 Page 21 o In review, the Mayor's study data confirms the Mayor's study recommendations for the Directors (except the Police Chief — that position is not recommended for a salary range increase) and the Assistant Chiefs) salary increases and the 2.5% deferred compensation contribution for the Police Chief in order to maintain external equity and competiveness. o The resulting slides show a review of the information that was provided at the 4/16/19 Council meeting with data from the HR completed study. • Review of 4/16 Study Data Sheets for each Director and ACOP position o Many cities no longer have ACOP and have a commander structure; these are not comparator positions to ACOP. o Burien, who contracts with King County Sheriffs Office, is not a comparator city • 2018 and 2019 Study Data for the Mayor's Recommendations for each Director and ACOP position • Directors Leave Benefits — Study Data o The Director positions do not receive any "additional" compensation or "extra" benefits, which other comparator cities receive. o The City's Manager and also the Director positions receive Management Leave annually by Council approved policy: ■ 8.20 MANAGEMENT LEAVE to be more competitive in the market place, the City will provide non -represented employees who are ineligible for compensatory time with 24 hours of Management Leave annually. Management Leave will have no cash -out value and will not be carried over at the end of the calendar year. o The following data sheet shows a comparison of director position leaves compared to the comparator cities. This data was provided at the 12/11/18 PSPP Committee meeting as well as for the 4/2/19 Council meeting. ■ Bothell — Managers and Directors eligible for up to 80 hours of management leave annually ■ Burien — No additional leave x Edmonds — Managers and Directors receive 24 hours of management leave per year ■ Issaquah — Directors may accrue 150 compensatory hours per year ■ Lacey —No additional leave ■ Lake Stevens — Directors receive 80 hours of additional leave per year ■ Lynnwood — Directors receive up to 80 hours of merit/administrative leave per year • Puyallup — All employees may receive 16 hours of management leave per year ■ University Place — All employees may receive up to 40 hours of merit leave per year ■ Police Chief— Other Elements of Compensation o The Police Chief position (as well as the Assistant Police Chief positions(s)), when compared to the market (policy) study comparators, typically receive other, additional forms of total compensation (in addition to base salary) such as: deferred compensation, educational and/or longevity incentives, etc. o The Mayor is recommending a 2.5% base wage, employer contribution into deferred compensation for the Police Chief position. o Examples of the different forms of compensation that are provided by comparator cities. • Summary o The Mayor's recommendations are in alignment with the current, Council approved policy language and process for the study. o The Mayor is recommending adjustment to the salary wage ranges for the director positions (except the Police Chief) and the Assistant Police Chief positions(s) by one pay grade as reflective of the HR study results. This would add only one additional pay step (from the current pay grade) to the pay scale for these positions for a maximum total of a 5% increase. o By existing, Council approved, policy language, it will be three (3) years before another study of all of the Non -Represented positions will be performed. Edmonds City Council Draft Minutes April 23, 2019 Page 22 o The compensation study policy language is City policy approved by Council. It is solely within the purview of Council to approve changes to the compensation policy (including the labor market and comparator cities) should Council desire to do so. Council President Fraley-Monillas advised every city used in the data she and Ms. Judge compiled was a comparator city. Councilmember Mesaros commented two sets of information were presented tonight; supposedly they are both using comparator cities and he questioned how that was possible and why was there two sets of data. He agreed more with Human Resources' information because it seemed more comprehensive. Ms. Hardie said she could not speak to that without understanding the methodology used to compile the data Council President Fraley-Monillas presented and how the information was derived. She could only speak to the data she has researched. Councilmember Mesaros referred to Council President Fraley-Monillas' "optics" regarding fairness and using county and state elected officials as comparators. He asked if the City has ever used elected officials to compare Directors' salaries. Ms. Hardie answered not that she was aware of. Councilmember Mesaros commented there were a number of Directors at the county level that make more than the County Executive. Ms. Hardie agreed. Councilmember Mesaros said he has gotten to know the Snohomish County Sheriff quite well through his work with Snohomish County 911 and he knew all the Assistant Sheriffs make more than the Sheriff does. It is somewhat common for elected officials to be paid at a much lower level and he anticipated there were thousands of state employees who make more than the Governor. Councilmember Mesaros commented talking about salaries is always a tenuous thing, some make more than others and there is the idea of fairness and responsibility. During his career he was fortunate to work for organizations who did not want to pay their employees the average; they wanted to aspire to be above the average, not necessary at the top of the marketplace, but to ensure they paid their leaders at a level that attracted people to the job and retained them. The loss of personnel is a loss of institutional knowledge; losing institutional knowledge takes a long time to replace. He was appreciative of the work Ms. Hardie put into her analysis, it seems to be complete information, uses the comparator cities and follows the policy that the Council adopted many years ago. It does not seem to be practical to deviate from the policy at this point in time. Councilmember Teitzel referred to the Finance Director position, noting Bothell was not included in Council President Fraley-Monillas' analysis but it was included in Ms. Hardie's analysis. Bothell tends to be a highly paid city by comparison so omitting that would skew the medians. He did not necessarily like or dislike the policy but that is the policy that has been adopted and it was incumbent on the Council to look to the policy for guidance in establishing salaries. The work Ms. Hardie has done follows the policy. In looking at the high band in the current range versus the proposed range, it is within 5% of the median which complies with policy. With regard to Directors that are at the top of the range currently, Councilmember Teitzel referred to Item 4 on the last page of policy which states, "Any employee whose actual salary exceeds the top of the approved salary range will have their salary frozen until such time that market rates or pay range adjustment for their job classification" He asked what actual salary meant. Ms. Hardie said when the study was performed, if a position's actual salary was outside of the salary range it was supposed to be in, it would mean, study or not, their salary would be frozen until such time as there was a market rate or pay range adjustment which means no COLAs. Councilmember Teitzel observed the Council could potentially approve a new salary band and if a Director was at the top of that band, by policy they would not receive the next year's COLA. Ms. Hardie explained Edmonds City Council Draft Minutes April 23, 2019 Page 23 as part of the budget process the Council approves the COLA which is added to the range. There should not be a situation where a position would exceed the pay range; that would only occur with a market study. The COLA increases the bands each year. The Mayor's recommendation is a market rate adjustment to the next band. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO EXTEND THE MEETING UNTIL 10:20 P.M. MOTION CARRIED UNANIMOUSLY. Council President Fraley-Monillas acknowledged their analysis did not include every city due to time constraints, but they included a majority of the cities. She asked for confirmation that every Director received a 3% COLA in January and all other staff received a 3% COLA with the exception of ASMI. Ms. Hardie said Police and Law Support received 2.5% based on their contract, the Teamsters and Non - Represented received 3%. Council President Fraley-Monillas referred to the Mayor's Recommendation 2018 Director and ACOP Salary Adjustments, advising her analysis matches that exactly. For example, the Finance Director's current salary with a 3% COLA is approximately $160,000/year which increases the band. The Mayor's proposal is to increase the salary to $162,000. She summarized all the information in their analysis was included in the Mayor's Recommendation 2018 Director and ACOP Salary Adjustments provided by Ms. Hardie. Councilmember Tibbott asked if any wage adjustments were made before the COLAs for any other categories of employees. Ms. Hardie said there are reclassifications as part of the collective bargaining process. Market rate adjustments are not uncommon in that process because HR looks at the total costs of compensation and compares to similar cities. She could not recall which specific positions had been adjusted; the former SEI group included several market rate adjustments. A market rate study is not typically done during each negotiation. Councilmember Tibbott said he was interested in wage adjustment that had been made in other jobs. He asked if Ms. Hardie could recall a time when wage adjustments of this scale had been made in previous years, a wage adjustment of approximately 5%. Ms. Hardie said the difficulty is it is somewhat of an apples to oranges comparison because collective bargaining agreements include the total cost of compensation which includes longevity, educational incentive, deferred compensation, etc. that have been increased. The overall package would need to be compared and she could not speak to the cost of the overall package comparatively speaking because it is very different. They receive a COLA as well as other incentives. In recent collective bargaining processes, there have been increases in other forms of compensation. Councilmember Tibbott asked if those wage adjustments were prior to the COLA or rolled into the COLA. Ms. Hardie answered it is part of the overall package and it depends on what is being negotiated. Councilmember Tibbott said he would like to have an opportunity to study the tables in context with Council President Fraley-Monillas and Ms. Hardie's analyses to determine appropriate adjustments. Councilmember Buckshnis said she did not find any language in the policy about match or no match and asked HR to provide the Council the latest policy. The policy does state that the HR Department will conduct compensation surveys for each non -represented benchmark position no later than September 1St, which she said was not achieved. Ms. Hardie said the information provided last week by Councilmember Mesaros included the 5.5 Non -Represented Employees Compensation Policy; the last paragraph on the second page under Market Analysis addresses benchmarked positions and states classifications that are selected as comparable for survey purposes must match the benchmark positions by 80% in level of work and responsibility. The use of the phrase "match/no match" is common public sector practice for compensation studies. With regard to the timing of the survey, Ms. Hardie agreed the policy states September; due to timing issues, the earliest the surveys could be presented was November but it was moved from the November calendar. Edmonds City Council Draft Minutes April 23, 2019 Page 24 It was never intended to be a non -transparent process; she was not aware Councilmember Buckshnis wanted the study results to go through the Finance Committee and Council process. She emphasized it was simply a timing issue, not a lack of complete data. Councilmember Teitzel expressed confusion with matching up the numbers. He referred to the Mayor's Recommendation 2018 Director and ACOP Salary Adjustments in Ms. Hardie's presentation which does not include the 3% COLA which indicates the current salary/wage range for the Finance Director is $115,803 to $155,187 versus Council President Fraley-Monillas' numbers that state it includes the 3 %COLA. Councilmember Johnson left the meeting at 10:19 p.m. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO EXTEND THE MEETING FOR 10 MINUTES. MOTION CARRIED UNANIMOUSLY. (Councilmember Johnson was not present for the vote.) Council President Fraley-Monillas clarified the current salary in her analysis for the Finance Director of $159,843 included the COLA and the Mayor's proposal included the 5%. Councilmember Teitzel noted the 2019 Salary/Wage Ranges Recommended New Range in Ms. Hardie's presentation includes the 3% COLA plus the 5%. Ms. Hardie agreed when the information was originally provided it only included 2018 Salary/Wage Ranges because the 3% COLA had not yet been approved. The 2019 Salary/Wage Ranges do include the 3% COLA. Councilmember Teitzel referred to the 2019 Salary/Wage Ranges -3% COLA which reflects a minimum in the salary range for the Finance Director of $119,277 and Council President Fraley- Monillas' analysis reflects $115,803. The 3% COLA is not included in the Mayor's proposal figure in the information provided by Council President Fraley-Monillas. In response to an earlier comment by Councilmember Tibbott, Council President'Fraley-Monillas asked how many employees are at the top of the band for their position. Ms. Hardie estimated approximately half as the City had good tenure. Council President Fraley-Monillas asked how the band is increased for those employees. Ms. Hardie said for employees at the top of their band, the only adjustment they receive is a COLA. Council President Fraley-Monillas observed the bands also increased based on the COLA similar to the increase in Directors' band due to the COLA. Councilmember Buckshnis reiterated her suggestion to have an independent consultant do a salary comparison. She asked what that cost in 2012. Ms. Hardie recalled the contract was $50,000 including job descriptions, but due to HR's involvement, it was closer to $30,000. Councilmember Buckshnis asked Ms. Hardie's opinion about having an independent comparison done. Ms. Hardie explained the policy is under Council's purview; the salary comparison was done according to the policy. If the Council wants to hire an independent consultant, she will do whatever is necessary to assist that process. Councilmember Buckshnis said the policy states the analysis is to be done by September 1. Ms. Hardie said there were timing issues due to negotiations. Mayor Earling said Ms. Hardie had done a fabulous job assembling clear, concise information that follows the policy adopted in 2012 and was discussed again in 2015. The work had been done according to policy and it was troubling to have it disputed at this point. If another study was needed, he would support that, but recognized it would take a while and meanwhile 2018-2019 needed to be addressed. He appreciated the work Council President Fraley-Monillas and Ms. Judge had done but it is now April 23. Council President Fraley-Monillas said policy or not, it is within the purview of the Council to determine. She understood there was a policy, but 2012 was 7 years ago and things have changed since then. Mayor Earling agreed but the Council is now five months from when a decision process could have begun and have been made. Council President Fraley-Monillas said since then the Directors have received the same Edmonds City Council Draft Minutes April 23, 2019 Page 25 raise the rest of staff received, a COLA and VEBA contribution. Mayor Earling said staff has tried to make contact throughout this four month period to define the issues. If the Council wanted do another policy review, he was fine with that, but it did not address the current issue. Council President Fraley-Monillas said she understood Mayor Earling's concerns, but she had a less than a part-time staff to do this work and it had been a long process to pull this information together. It may have been clearer if they had had more time to clean it up. Councilmember Mesaros asked how often the salary ranges for other employees are looked at and adjustments made. Ms. Hardie said the last full study was in 2014. Councilmember Mesaros asked if there was a policy related to that. Ms. Hardie said there was not. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, THAT THE COUNCIL APPROVE THE RECOMMENDATION THAT'S PRESENTED BY THE MAYOR TO INCLUDE THE 2.5% FOR DEFERRED COMPENSATION FOR THE CHIEF OF POLICE. UPON ROLL CALL, MOTION CARRIED (4-2), COUNCILMEMBERS NELSON, MESAROS, TEITZEL AND TIBBOTT VOTING YES; AND COUNCIL PRESIDENT FRALEY- MONILLAS AND COUNCILMEMBER BUCKSHNIS VOTING NO. (Councilmember Johnson was not present for the vote.) Council President Fraley-Monillas expressed a desire to continue this discussion when the seventh Councilmember was present, noting Councilmember Johnson had to leave medically. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXTEND THE MEETING FOR SEVEN MINUTES. MOTION CARRIED UNANIMOUSLY. (Councilmember Johnson was not present for the vote.) COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO TABLE FURTHER DISCUSSION UNTIL COUNCILMEMBER JOHNSON WAS ABLE TO PROVIDE HER INPUT AS SHE WAS UNAWARE COUNCILMEMBER JOHNSON HAD LEFT. Councilmember Mesaros asked what was being tabled. Council President Fraley-Monillas answered further discussion regarding the salary increase. Councilmember Mesaros noted it had been approved via the previous motion; he restated his motion, to approve the recommendation that's presented by the Mayor including the Police Chief of 2.5% for deferred compensation. Several Councilmembers indicated they only heard the portion regarding the Police Chief s deferred compensation. Mr. Taraday said if there was confusion over the motion, a Councilmember voting in favor of the motion could move for reconsideration based upon the confusion. Councilmember Mesaros restated his motion: to approve the information presented by the Mayor, including the 2.5% deferred compensation for the Police Chief. COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO RECONSIDER THE MOTION. COUNCIL PRESIDENT FRALEY-MONILLAS WITHDREW HER MOTION (TO TABLE) WITH THE AGREEMENT OF THE SECOND. MOTION CARRIED (5-1), COUNCILMEMBER MESAROS VOTING NO. (Councilmember Johnson was not present for the vote.) COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO TABLE THE DISCUSSION ON ITEM 9.3 PENDING THE RETURN OF Edmonds City Council Draft Minutes April 23, 2019 Page 26 COUNCILMEMBER JOHNSON IN TWO WEEKS. UPON ROLL CALL, MOTION CARRIED (4- 2), COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS NELSON, COUNCILMEMBER BUCKSHNIS, AND COUNCILMEMBER TIBBOTT VOTING YES; AND COUNCILMEMBER MESAROS AND COUNCILMEMBER TEITZEL VOTING NO. (Councilmember Johnson was not present for the vote.) 10. MAYOR'S COMMENTS Mayor Earling reported on the auction for Clothes for Kids that raised $125,000 and the Easter egg hunt at the Frances Anderson Center field. 11. COUNCIL COMMENTS Councilmember Nelson expressed appreciation for the Council's decision tonight to support the interim ordinance on non -conforming condominiums and other multifamily buildings. The ordinance is a temporary measure and responsive solution to an immediate problem. Acting quickly to protect citizens from the City's error is what a responsive government should do. Council President Fraley-Monillas advised she will schedule discussion on the Non -Represented Staff Salary Increases early on a future agenda, likely May 7'. She reminded there is no Council meeting next Tuesday, April 30. Councilmember Tibbott suggested when the topic of Non -Represented Staff Salary Increases returns to Council, he would like to see the charts side-by-side and arranged in the same way to facilitate comparison. He announced today was Mayor Earling's birthday and his 25" wedding anniversary. Councilmember Buckshnis wished Mayor Earling Happy Birthday. She was ecstatic the legislature passed the orca-related bills including vessel noise and disturbance, oil transport which reduces the threat of oil spills, and habitat protection which keeps vessels further from orcas. 12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 13. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 14. ADJOURN With no further business, the Council meeting was adjourned at 10:40 p.m. i DAV! 0. EARLING, MAYOR S PASSEY, CITY C X Edmonds City Council Draft Minutes April 23, 2019 Page 27