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02/11/2014 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES February 11, 2014 The Edmonds City Council meeting was called to order at 5:30 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Diane Buckshnis, Council President Kristiana Johnson, Councilmember Lora Petso, Councilmember Strom Peterson, Councilmember Joan Bloom, Councilmember Adrienne Fraley-Monillas, Councilmember 1. ROLL CALL/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Carrie Hite, Parks & Recreation Director Rob Chave, Acting Development Services Dir. Kernen Lien, Senior Planner Rob English, City Engineer Renee McRae, Recreation Manager Sarah Mager, Accountant Brian Tuley, IT Supervisor MaryAnn Hardie, Human Resources Manager Jeff Taraday, City Attorney Scott Passey, City Clerk Linda Hynd, Deputy City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder City Clerk Scott Passey called the roll. All elected officials were present. 2. CONVENE IN EXECUTIVE SESSION REGARDING POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) At 5:32 p.m., Mayor Earling announced that the City Council would meet in executive session regarding potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 30 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. Action may occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Johnson, Fraley-Monillas, Buckshnis, Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday, Senior Planner Kernen Lien and City Clerk Scott Passey. The executive session concluded at 6:05 p.m. Mayor Earling reconvened the regular City Council meeting at 6:07 p.m. He deferred the gavel to Council President Buckshnis to conduct the next agenda item. 3. CONTINUED INTERVIEWS TO FILL COUNCIL VACANCY POSITION #6 The Council conducted a second, 20 minute interview of the following candidates for City Council Position #6 vacancy: • Deborah Anderson Edmonds City Council Approved Minutes February 11, 2014 Page 1 • Alvin Rutledge Council President Buckshnis returned the gavel to Mayor Earling. 5. POTENTIAL ACTION ON APPOINTMENT TO FILL COUNCIL VACANCY POSITION #6 Mayor Pro Tem Buckshnis explained that the Council's goal was to ensure all applicants felt they were treated fairly and equally; this continues to be the objective. The recommended process initially was to follow the previous process that included two nights of extended interviews. However, concerns were expressed that it could be advantageous if some applicants became aware of questions ahead of time. Other Councilmembers were concerned the length of the interviews would have to be shortened due to the number of applicants. In hindsight, the concern about applicants becoming aware of questions ahead of time was not resolved with conducting all interviews on one night because the interviews are live streamed. Regardless, a hybrid approach was utilized that allowed for shorter interviews of all applicants in one night and a second set of interviews afforded to those candidates that may have been less known to the community and Councilmembers. Council President Buckshnis commented she had not directly heard a single complaint from a citizen or applicant that this process was unfair. Council President Buckshnis explained prior to the second set of interviews, some Councilmembers were uncomfortable that some applicants were afforded additional time. Therefore the process was modified again to allow all applicants who wanted to have a second interview that right. Two applicants requested a second interview, with the others declining but providing written responses to additional questions. Council President Buckshnis summarized this hybrid approach may not have been a perfect process and the appointment process has never been a perfect process. But it was hard to argue that the applicants had not been afforded an opportunity to express in both writing and verbally, 1) why they would like to join the Council, 2) their perspectives about the community's values and priorities, and 3) what their goals may be. Considering the amount of time spent on this process, she suggested it may be valuable to consider adopting a formal policy for future appointments. She thanked City Attorney Jeff Taraday for his assistance during the process. City Clerk Scott Passey read the rules for nomination/election to fill Council vacancy which were contained in the Council packet: Nominations Each Councilmember may nominate one candidate from the list of applicants by placing an "X" beside the name of the applicant of his or her choice on the form supplied for that purpose by the City Clerk, and by signing the nomination form. The City Clerk will announce and maintain a permanent record of the nominations and of the Councilmember nominating each candidate. The Election Each Councilmember may vote for one candidate by placing an "X" beside the name of the candidate of his or her choice on the ballot supplied for that purpose by the City Clerk, and by signing the ballot. The City Clerk will announce and maintain a permanent record of each ballot and who voted for each candidate. A Deadlock A deadlock occurs after each Councilmember votes the same way on three consecutive ballots. In the event the City Council should deadlock, then previous nominations are declared null and void and the Council may begin a new round of nominations. Nomination 1 Candidate Councilmember Edmonds City Council Approved Minutes February 11, 2014 Page 2 Stephen Schroeder Buckshnis Kathleen Dewhirst Peterson Neil Tibbot Johnson Steve Bernheim Frale -Monillas, Bloom & Petso Candidate Votes Councilmember Ballot 1 Stephen Schroeder 1 Buckshnis Kathleen Dewhirst 1 Peterson Neil Tibbot 1 Johnson Steve Bernheim 3 Bloom, Petso & Fraley-Monillas Ballot 2 Stephen Schroeder 1 Buckshnis Neil Tibbot 2 Peterson & Johnson Steve Bernheim 3 Petso, Fraley-Monillas & Bloom Ballot 3 Stephen Schroeder 2 Buckshnis & Johnson Neil Tibbot 1 Peterson Steve Bernheim 3 Frale -Monillas, Bloom & Petso Ballot 4 Stephen Schroeder 3 Buckshnis, Peterson & Johnson Steve Bernheim 3 Fraley-Monillas, Bloom & Petso Ballot 5 Stephen Schroeder 3 Buckshnis, Peterson & Johnson Steve Bernheim 3 Fraley-Monillas, Bloom & Petso Ballot 6 Stephen Schroeder 3 Buckshnis, Peterson & Johnson Steve Bernheim 3 Frale -Monillas, Bloom & Petso The Council vote reached a deadlock (each Councilmember voted the same way on three consecutive ballots), making previous nominations null and void. Mr. Passey requested Councilmembers complete Nomination Form 2. Nomination 2 Candidate Councilmember Stephen Schroeder Buckshnis Neil Tibbot Peterson & Johnson Steve Bernheim Fraley-Monillas, Bloom & Petso Councilmember Petso thanked all the candidates who applied, noting the Council was fortunate to have a number of good candidates. She nominated Steve Bernheim because the Council was fortunate to have two former Councilmembers willing to return to serving on the Council, one of whom is Mr. Bernheim. She recalled during the interviews, Mr. Bernheim emphasized he would support process over outcome which she felt it would be valuable to the Council. Council President Buckshnis expressed her support for Stephen Schroeder, noting his answers to the interview questions were very well informed and illustrate that he has done his homework and watches City Council meetings. The information he provided on quasi-judicial matters was accurate and his background would be helpful in the code rewrite. In addition he is well-informed about the critical areas ordinance; after Edmonds City Council Approved Minutes February 11, 2014 Page 3 the Council's quasi-judicial consideration of the Hillman variance appeal, he and his neighbor purchased the property. She agreed many wonderful candidates applied; Mr. Schroeder is an excellent candidate. Candidate Votes Councilmember Ballot 7 Buckshnis & Johnson Neil Tibbot Stephen Schroeder 1 Buckshnis Neil Tibbot 2 Peterson & Johnson Steve Bernheim 3 Frale -Monillas, Petso & Bloom Ballot 8 3 Buckshnis, Peterson & Johnson Stephen Schroeder 1 Buckshnis Neil Tibbot 2 Johnson & Peterson Steve Bernheim 3 Frale -Monillas, Bloom & Petso Ballot 9 3 Frale -Monillas, Bloom & Petso Stephen Schroeder 1 Buckshnis Neil Tibbot 2 Johnson & Peterson Steve Bernheim 3 Fraley-Monillas, Bloom & Petso The Council vote reached a deadlock. Mr. Passey requested Councilmembers complete Nomination Form 3 Nomination 3 Candidate Councilmember Stephen Schroeder Buckshnis & Johnson Neil Tibbot Peterson Steve Bernheim Fraley-Monillas, Bloom & Petso Candidate Votes Councilmember Ballot 10 Stephen Schroeder Buckshnis & Johnson Stephen Schroeder 3 Buckshnis, Peterson & Johnson Steve Bernheim 3 Fraley-Monillas, Bloom & Petso Ballot 11 Stephen Schroeder 3 Buckshnis, Peterson & Johnson Steve Bernheim 3 Fraley-Monillas, Bloom & Petso Ballot 12 Stephen Schroeder 3 Buckshnis, Peterson & Johnson Steve Bernheim 3 Frale -Monillas, Bloom & Petso The Council vote reached a deadlock. Mr. Passey requested Councilmembers complete Nomination Form 4. Councilmember Bloom asked how many deadlocks the Council could reach. Mr. Passey responded there are no hard and fast rules about the number of deadlocks; it is the Council's process. There needs to be four votes for one of the candidates in order to appoint. Councilmember Fraley-Monillas recalled the Council completed 33 ballots before Councilmember Peterson was appointed. Council President Buckshnis commented Roberts Rules allow the Council to convene in executive session to discuss the candidates' qualifications. Nomination 4 Candidate Councilmember Stephen Schroeder Buckshnis & Johnson Neil Tibbot Peterson Steve Bernheim Fraley-Monillas, Bloom & Petso Edmonds City Council Approved Minutes February 11, 2014 Page 4 Councilmember Peterson commented Mr. Tibbot has shown a great deal of interest and dedication to the City over the years on the Planning Board, the Transportation Committee and other committees. He was very impressed with Mr. Tibbot's knowledge of the way the City works and his involvement with the City's processes on a number of different issues. He was impressed with Mr. Tibbot's interview as well as the quiet, often frustrating work done by committee members. Councilmember Fraley-Monillas explained one of the reasons she believed Mr. Bernheim was the best candidate was he served on the Transportation Committee as well as on the Council for four years. She said the Council needs a consensus builder, someone who the Council knows and has worked with, someone who will not jump the perceived sides; he is honest and direct and regardless of whether one likes his decisions, he stands by his decisions. For those reasons, she felt Mr. Bernheim was the best choice. Candidate Votes Councilmember Ballot 13 Stephen Schroeder Buckshnis & Peterson Stephen Schroeder 2 Buckshnis & Johnson Neil Tibbot 1 Peterson Steve Bernheim 3 Frale -Monillas, Bloom & Petso Ballot 14 Stephen Schroeder 2 Buckshnis & Johnson Neil Tibbot 1 Peterson Steve Bernheim 3 Frale -Monillas, Bloom & Petso Ballot 15 Stephen Schroeder 2 Buckshnis & Johnson Neil Tibbot 1 Peterson Steve Bernheim 3 Fraley-Monillas, Bloom & Petso The Council vote reached a deadlock. Mr. Passey requested Councilmembers complete Nomination Form 5. Nomination 5 Votes Candidate Councilmember Stephen Schroeder Buckshnis & Peterson Neil Tibbot Johnson Steve Bernheim Fraley-Monillas, Bloom & Petso Candidate Votes Councilmember Ballot 16 Stephen Schroeder 2 Buckshnis & Peterson Neil Tibbot 1 Johnson Steve Bernheim 3 Frale -Monillas, Bloom & Petso Ballot 17 Stephen Schroeder 2 Buckshnis & Peterson Neil Tibbot 1 Johnson Steve Bernheim 3 Fraley-Monillas, Bloom & Petso Ballot 18 Stephen Schroeder 2 Buckshnis & Peterson Neil Tibbot 1 Johnson Steve Bernheim 3 Fraley-Monillas, Bloom & Petso The Council vote reached a deadlock. Edmonds City Council Approved Minutes February 11, 2014 Page 5 Mayor Earling asked whether the Council was interested in continuing to vote, taking a break, or convening in executive session. Mr. Taraday explained per RCW 42.30.110(1)(h), the Council can go into executive session to evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public. Councilmember Petso asked whether the notes that are typically taken of executive session would be immediately subject to disclosure upon seating the new Councilmember or would they remain confidential. Mr. Taraday answered that is a debatable question; the Public Records Act (PRA) does not provide an express exemption for this type of record. To the extent that the City did not want to disclose that type of record, there would need to an argument that it fit within the rubric of other exceptions to the PRA. Mayor Earling declared a 5 minute recess. Mr. Passey requested Councilmembers complete Nomination Form 6. Nomination 6 Candidate Councilmember Stephen Schroeder Buckshnis, Peterson & Johnson Steve Bernheim Frale -Monillas, Bloom & Petso Candidate Votes Councilmember Vote Ballot 19 Buckshnis, Peterson & Johnson Steve Bernheim Stephen Schroeder 3 Buckshnis, Peterson & Johnson Steve Bernheim 3 Frale -Monillas, Bloom & Petso Ballot 20 Stephen Schroeder 3 Buckshnis, Peterson & Johnson Steve Bernheim 3 Fraley-Monillas, Bloom & Petso Ballot 21 Stephen Schroeder 3 Buckshnis, Peterson & Johnson Steve Bernheim 3 Fraley-Monillas, Bloom & Petso The Council vote reached a deadlock. Mr. Passey requested Councilmembers complete Nomination Form 7. Nomination 7 Candidate Councilmember Stephen Schroeder Buckshnis, Peterson & Johnson Steve Bernheim Frale -Monillas, Bloom & Petso Candidate Votes Councilmember Vote Ballot 22 Stephen Schroeder 3 Buckshnis, Peterson & Johnson Steve Bernheim 3 Frale -Monillas, Bloom & Petso Ballot 23 Stephen Schroeder 3 Buckshnis, Peterson & Johnson Steve Bernheim 3 Fraley-Monillas, Bloom & Petso Ballot 24 Stephen Schroeder 3 Buckshnis, Peterson & Johnson Steve Bernheim 3 Fraley-Monillas, Bloom & Petso Edmonds City Council Approved Minutes February 11, 2014 Page 6 The Council vote reached a deadlock. Mr. Passey requested Councilmembers complete Nomination Form 8. Nomination 8 Candidate Councilmember Stephen Schroeder Buckshnis, Peterson & Johnson Steve Bernheim Fraley-Monillas, Bloom & Petso Candidate Votes Councilmember Vote Ballot 25 Stephen Schroeder 3 Buckshnis, Peterson & Johnson Steve Bernheim 3 Frale -Monillas, Bloom & Petso Ballot 26 Stephen Schroeder 3 Buckshnis, Peterson &Johnson Steve Bernheim 3 Fraley-Monillas, Bloom & Petso Ballot 27 Stephen Schroeder 3 Buckshnis, Peterson & Johnson Steve Bernheim 3 Fraley-Monillas, Bloom & Petso The Council vote reached a deadlock. Mayor Earling commented a pattern was emerging. He suggested the Council take a week's break to think about the candidates and continue the process at the next Council meeting. Councilmember Petso commented if the Council chose to continue the process next week, she would watch the interviews of the two candidates again. If all Councilmembers did the same, that may lead to a solution. Council President Buckshnis expressed her appreciation to all the candidates who applied. She suggested Councilmembers also review the candidates' written responses to questions. Councilmember Fraley-Monillas said she would agree to a week's delay if the Council concentrated on the two candidates that the vote had deadlocked on five times. She did not want begin nominating other candidates next week. She suggested an executive session to discuss qualifications. She asked about the procedure for a continued deadlock. Mr. Taraday explained if the Council failed to appoint a Councilmember within 90 days of the occurrence of the vacancy, the County Council will make the appointment. The Council has at least six weeks until that deadline. Councilmember Bloom preferred to convene in executive session to discuss the candidates. Councilmember Peterson said he was agreeable to an executive session. If the Council decided to delay a decision to next week, he did not support limiting nominations to the two candidates. Mayor Earling suggested an executive session and the Council making a decision following the executive session whether to continue with nominations and voting tonight or delay the decision to next week. Executive Session At 7:57 p.m., Mayor Earling announced that the City Council would meet in executive session to evaluate the qualifications of a candidate for appointment to elective office per RCW 42.30.110(1)(h). He stated that the executive session was scheduled to last approximately 15 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. Action may occur as a result of meeting in executive session. Elected officials present at the executive session were: Councilmembers Johnson, Fraley-Monillas, Edmonds City Council Approved Minutes February 11, 2014 Page 7 Buckshnis, Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday and City Clerk Scott Passey. At 8:15 p.m. Council President Buckshnis announced to the public present in the Council Chambers that an additional 10 minutes would be required in executive session. The executive session concluded at 8:25 p.m. Mayor Earling reconvened the regular City Council meeting at 8:26 p.m. COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO EXTEND THE PROCESS UNTIL NEXT WEEK AS SOME COUNCILMEMBERS WANT AN OPPORTUNITY TO REVIEW THE INTERVIEWS AND THEIR NOTES. MOTION CARRIED UNANIMOUSLY. 6. ADJOURN TO COMMITTEE MEETINGS With no further business, the Council meeting was adjourned to committee meetings at 8:27 p.m. �l 4 DAVID 0, EARLING, M OR ip S CITY ERK Edmonds City Council Approved Minutes February 11, 2014 Page 8