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05/06/2014 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES May 6, 2014 The Edmonds City Council meeting was called to order at 6:00 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. 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 Thomas Mesaros, Councilmember STAFF PRESENT Al Compaan, Police Chief Carrie Hite, Parks & Recreation Director Shane Hope, Development Services Director Jerry Shuster, Stormwater Eng. Program Mgr. Leif Bjorback, Building Official Rob English, City Engineer Renee McRae, Recreation Manager Jeff Taraday, City Attorney Scott Passey, City Clerk Sandy Chase, Senior Executive Council Asst. Jeannie Dines, Recorder 1. CONVENE IN EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING PER RCW 42.30.140(4)(a) The executive session was cancelled. 2. INTERVIEW CANDIDATES FOR APPOINTMENT TO THE CITIZEN'S COMMISSION ON COMPENSATION OF ELECTED OFFICIALS At 6:00 p.m., the City Council met with Michael Meeks and Ellen Ernst, candidates for appointment to the Citizen's Commission on Compensation of Elected Officials. The interviews took place in the Jury Meeting Room, located in the Public Safety Complex. All City Councilmembers were present for the interviews. 3. INTERVIEW CANDIDATES FOR APPOINTMENT TO THE PLANNING BOARD At 6:41 p.m., the City Council interviewed candidates, Carreen Nordling Rubenkonig and Daniel Robles, for appointment to the Planning Board. The interviews took place in the Jury Meeting Room, located in the Public Safety Complex. All City Councilmembers were present for the interviews. Mayor Earling reconvened the regular City Council meeting at 7:00 p.m. and led the flag salute. 4. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 5. APPROVAL OF AGENDA Edmonds City Council Approved Minutes May 6, 2014 Page 1 COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 6. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Petso requested Item F be removed from the Consent Agenda and Councilmember Bloom requested A be removed. ITEM A: APPROVAL OF CITY COUNCIL MEETING MINUTES OF APRIL 22, 2014 Councilmember Bloom requested the following amendment to the minutes: • Page 10, 4h paragraph, first sentence, change WSDOT to Department of Ecology. COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, TO APPROVE ITEM A AS AMENDED. MOTION CARRIED UNANIMOUSLY. ITEM F: CONFIRMATION OF MAYOR EARLING'S RECOMMENDED APPOINTMENTS TO THE PLANNING BOARD Councilmember Petso read from the code, Although the City of Edmonds is not divided into political or geographic wards, it is the intent of this section that said board membership shall maintain a reasonable balance in geographic distribution throughout the City of Edmonds. She explained she will vote against the confirmation due to code provision, not with the intent to embarrass the applicants or Councilmember who vote to confirm the applicants. If the Council confirms the 2 applicants, 3 of the 8 Planning Board Members will reside north of Perrinville, a fairly small section of the City, no Planning Board Members will live south of 220`h, a fairly significant portion of the City and no Planning Board Members will live west of 9th Avenue, a significant portion of the City. She suggested in the future seeking Planning Board applicants from areas of the City that are current under -represented. Councilmember Johnson thanked the outgoing members of Planning Board who live in these geographic areas, John Reed and Kevin Clark, for their contribution to the Planning Board. She expressed support for Mayor Earling's recommendation to appoint the two applicants. Council President Buckshnis asked City Attorney Jeff Taraday to comment on his interpretation of the code. Mr. Taraday agreed the code reads as Councilmember Petso indicated; the problem with the phrase "shall maintain a reasonable balance of geographic distribution throughout the City of Edmonds," is it does not specify exactly what that means so reasonable minds can differ over the interpretation. The Mayor's appointment gives him the discretion to make a determination regarding what he thinks a reasonable balance means and, in the confirmation process, the Council can make its own determination. Council President Buckshnis relayed her support for the confirmation of the two applicants, finding them both extremely qualified. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE AGENDA ITEM F, CONFIRMATION OF THE APPOINTMENT OF CARREEN NORDLING RUBENKONIG AND DANIEL ROBLES TO THE PLANNING BOARD. MOTION CARRIED (6-1), COUNCILMEMBER PETSO VOTING NO. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: Edmonds City Council Approved Minutes May 6, 2014 Page 2 B. APPROVAL OF CLAIM CHECKS #208308 THROUGH #208395 (REPLACEMENT CHECKS #208317 $66.63 & #208361 $18,971.43) DATED APRIL 24, 2014 FOR $463,601.17 AND CLAIM CHECKS #208396 THROUGH #208501 DATED MAY 1, 2014 FOR $271,097.24. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #60933 THROUGH #60947 FOR $459,018.98, BENEFIT CHECKS #60948 THROUGH #60956 AND WIRE PAYMENTS OF $394,444.68 FOR THE PERIOD APRIL 16, 2014 THROUGH APRIL 30, 2014 C. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM SHELDON SOULE ($690,000.00), RICKI ANDREWS ($494.12), AND LIM DAVIDSON ($350.00) D. AUTHORIZATION FOR THE COUNCIL PRESIDENT TO SIGN A TEMPORARY EMPLOYMENT AGREEMENT (EXECUTIVE ASSISTANT TO THE CITY COUNCIL) E. CITIZENS' COMMISSION 2014 -APPOINTMENT OF MICHAEL MEEKS & ELLEN ERNST TO THE COMMSSION 7. SWEARING IN CEREMONY FOR NEWLY PROMOTED ASSISTANT POLICE CHIEF Police Chief Al Compaan commented an oath is an important public recognition of personal achievement and a personal pledge to the highest legal, ethical and professional standards critical to the law enforcement mission. He described Assistant Chief Anderson's background; he joined the Edmonds Police Department on March 16, 1989 and has performed the majority of assignments available in the department. In addition to serving as a patrol officer and patrol sergeant, he has been a proac officer, K-9 handler, major crimes detective, SWAT team member and public information officer where he was the face of the Edmonds Police Department. For the past seven years, Assistant Chief Anderson has served as the department's professional standards sergeant where he is responsible for interviewing new hire candidates, maintaining the civil service eligibility list, overseeing background investigations and department training, maintaining the policy manual and conducting department internal affairs investigations. He also served as the department's accreditation manager, guiding the department to two accreditations from the Washington Association of Sheriffs and Police Chiefs in 2009 and 2013. Due to his impressive preparation for the accreditation, he also became involved with State Sheriffs and Police Chiefs program, serving on the accreditation commission and the accreditation committee and volunteering as an onsite assessor in departments throughout Washington and developing the accreditation mentor program. His experience in so many aspects of the department's operations has prepared him well for the position of Assistant Chief. Chief Compaan recognized Assistant Chief Anderson's wife Lea, daughter Reagan and son Colton. Assistant Chief Anderson thanked his family and friends as well as past and present coworkers who were in attendance. He thanked his wife Lea for her support throughout his career and his daughter Reagan and son Colton. He recognized guests in the audience including his in-laws Bo and Laura, retired Assistant Chief Wean, retired Police Officer Debbie Smith and retired Fire Department Mike Smith, retired Sergeant Mike Drinkwine, retired Officer Bill Nelson, retired Officer Martin Speckmaier, Carolyn Pedersen, Phil Assink, and Steve Perry. Chief Compaan administered the oath of office to Assistant Chief Anderson and pinned his badge. Chief Compaan presented Assistant Chief Anderson a framed Certificate of Promotion. Assistant Chief Anderson expressed his appreciation for everyone who came to share tonight with him. He thanked Chief Compaan for his confidence in him, the members of the Police Department who have and continue to make it an exceptional place to work, and the Council for funding and making restoration Edmonds City Council Approved Minutes May 6, 2014 Page 3 of this position a priority. Chief Compaan invited the audience to a reception in the Police Training Room. 8. PROCLAMATION RECOGNIZING NATIONAL LAW ENFORCEMENT MEMORIAL WEEK Mayor Earling read a proclamation designating May 11-17, 2014 as Police Week in the City of Edmonds. He presented the proclamation to Chief Compaan. Mayor Earling declared a brief recess. 9. KIDS TO PARKS DAY 2014 PROCLAMATION Mayor Earling read a proclamation regarding Kids to Parks Day and urging residents to make time May 17, 2014 to take children in their lives to a park and to the Edmonds Health and Fitness Expo. He presented the proclamation to a group of children in the audience. Parks and Recreation Director Carrie Hite introduced the people behind the Health and Fitness Expo, Jenny Hershey and Jenny McLaulan, Edmonds School District and Recreation Manager Renee McRae. Ms. Hite explained similar to the police department, parks also save lives. Local parks create interests and habits that last a lifetime. Parks allow children to learn that it can be fun to be physically active through organized sports, programming and playing. Those habits are more likely to stay with them into adulthood, preventing sedentary lifestyles and chronic health issues. Studies show there is much higher use of parks when they are clean, safe, well maintained and close to where people live. When meaningful programming is added, like the Health and Fitness Expo, the percentage of use increases. In these fiscally challenging times when jobs and disposable income are scarce, it is even more essential to create, maintain and program local parks. She thanked the children for coming tonight and encouraged them to enjoy the City's parks. She invited the public to the Health and Fitness Expo on May 17. 10. EDMONDS CEMETERY BOARD UPDATE ON MEMORIAL DAY PROGRAM Dale Hoggins, Edmonds Cemetery Board, on behalf of the Cemetery Board and Chair Melissa Johnson, he invited the public to the 32"d annual Memorial Day program on May 26 at 11:00 a.m. The program remembers and honors the memory of those who died while serving our country. He relayed Army Private First Class Bowe Bergdahl from Idaho has been a POW of the Taliban since 2009. He expressed thanks for the return of the remains of MIA US Air Force Captain Ferguson, Lakewood who was shot down over Laos in 1969. June 6, 2014 is the 70st anniversary of D -Day 1944. This era is the theme of this year's program. The war memorial located in front of the Edmonds Memorial Museum lists 11 Snohomish County casualties and MIAs from 1941 to 1945 in the Atlantic, Mediterranean and European theaters. In addition, 2015 will be the 701h anniversary of V -J Day which will be the theme of next year's program. Guests this year include Fred Detrick and his wife Nancy, a member of 508th Parachute and Infantry Regiment. He invited those interested in history, the cemetery, and stories about those who are buried in the cemetery to apply for the Cemetery Board. He advised the Walk Back in Time will recognize remarkable women and the Veterans Day event will recognize Civil War veterans. Councilmember Fraley-Monillas commented she has attended this event for the last six years and found it a great way to support those who have supported the City and to understand the meaning of Memorial Day. She thanked the Cemetery Board for putting on this program. 11. AUDIENCE COMMENTS Edmonds City Council Approved Minutes May 6, 2014 Page 4 Mark Horn, Edmonds, expressed his appreciation for the Edmonds Police Department. A resident of the Seaview area, he referred to a development under consideration in the area. He remarked the City was lucky to have a great deal of greenery. The green movement comes largely from urban areas where there is not as much greenery; his family moved from Seattle to Edmonds largely due to the greenery. He urged the Council to consider this and not develop the corner at 80t'/l84"'. Dwayne Farman, Edmonds, a resident in the Seaview area, commented after attending a Climate Change Committee at the Senior Center, he was determined to save the trees at Angler's Crossing in the Perrinville Creek Watershed. He recalled a tree survey done in 2011 by the McNaughton Group that recorded 512 trees that exceeded 6 inches in diameter, mostly Douglas Fir, Maple and Alder including some Douglas Fir that were 4 -feet in diameter. He commented on the importance of trees in absorbing carbon dioxide, the primary greenhouse gas. A single mature tree can absorb up to 48 pounds of CO2 a year; an acre can absorb an amount equivalent to what is produced by driving a car 26,000 miles. Replacing the forest with 24-25 homes would reduce CO2 absorption by the trees and the new homes would increase CO2 emissions. He cited other reasons for preserving the property including its importance to the Perrinville Creek Watershed and control of stormwater runoff and for conservation, natural hydrology and wildlife habitat. He relayed the homeowners group's request that the City make a concerted effort to save the woods by acquiring the property with the help of outside financial resources or amend the contract rezone to return the zoning to R-12. Kurt Griener, Edmonds, reiterated the request he made to the Council on April 15 to reopen staff's study of the establishment of a quiet zone. To the concern expressed about the lack of safety in a quiet zone, he explained new regulations require the safety be the same or better and quiet zones must be approved by the Federal Railway Administration (FRA). There are 591 quiet zones in the United States, 8 in Washington. On April 15 a member of the public spoke against his recommendation due to the number of people who trespass on the railroad tracks. He pointed out, 1) the quiet zone would only be for crossings not all the tracks, 2) the FRA must approve quiet zones, 3) no system is foolproof and accidents may still occur but no more than before, 4) people have responsibility for their own safety, and 5) a quiet zone does not preclude trains from blowing their whistle if someone is on the tracks. The cost to establish a quiet zone in Vancouver where there are 3 crossings was approximately $800,000. This can be funded by the City or all or part by a Local Improvement District (LID). Vancouver's quiet zone was paid for with an LID. Bill Rankin, Edmonds, a resident of Seaview, referred to the property for sale at 7704 Olympic View Drive that is associated with the Angler's Crossing development. The online description of the property is 4 tax parcels, most of the work is already done for a 27 -lot plat approved in 1997, all the soil studies and other studies are done. He pointed out this was in conflict with the City's 2012 Comprehensive Plan. He relayed the community is very interested in working with the City to find an environmentally sound and safe use for the property. This property is 10 blocks away from the North Edmonds Landslide Hazard Area and has the same soils and elevation and similar slopes. Rowena Miller, Edmonds, referred to an email she sent to Councilmembers regarding Perrinville Angler's Crossing. She referred to a recent Sustainable Edmonds meeting she attended and envisioned the Council was interested in reducing Edmonds' contribution to climate change problems. She urged the Council to help the community save the Perrinville Angler's Crossing from development. Tree retention means cleaner air; cleaner water entering Perrinville Creek and Puget Sound; it saves birds, wildlife and wetlands and watersheds; and improves everyone's quality of life. She expressed her appreciation for the Council's vote to retain the City -owned portion of the property and urged the Council to use the City's resources and staff expertise to find a way retain this woodland as a wildlife refuge. Edmonds City Council Approved Minutes May 6, 2014 Page 5 Alvin Rutledge, Edmonds, announced the 4`l' annual car show at Top Foods on July 12. Roger Hertrich, Edmonds, requested Councilmember Johnson provide the goals for the $150,000 transportation study. He recalled when the treatment plant was constructed, the City's engineer provided a report to the Council every two weeks on the project including cost overruns. He suggested that procedure be instituted for other large projects. He expressed concern that agreements on the Consent Agenda did not include costs. Stephen Clifton, Edmonds, referred to Councilmember Petso's appointment on April 22, 2014 of a Seattle resident to the City's Economic Development Commission (EDC), expressing concern this was done without consulting the Council to determine whether they supported the appointment of non - Edmonds residents to the EDC. He was instrumental in the formation of the EDC and staffed the EDC for nearly five years and recalled the intent of the ordinance creating the EDC was to appoint residents of Edmonds. Resolution 1198 called for the creation of an ordinance forming a Citizens Economic Development Commission. Ordinance 3735, approved June 2, 2009, states it is in the public interest to establish an EDC in order to take advantage of the large number of highly qualified citizens who are interested in serving their community. The term "their" was and is intended to mean a resident of Edmonds. Councilmember Petso's appointment of a non-resident effectively denied a resident the privilege of serving on the EDC. During the nearly five years of the EDC's existence, there has been no shortage of applications from interested citizens wanting to serve; six applications were submitted recently by Edmonds residents for the Council's consideration in filling current vacancies on the EDC. If each Councilmember and the Mayor did what Councilmember Petso did, it is possible the EDC could consist of a majority of non -Edmonds residents. He referred to Councilmember Petso's objection earlier in the meeting to confirming Planning Board Members based on maintaining a reasonable geographical distribution, pointing out when appointing a EDC member, she choose someone living 15 miles south. He requested the Council direct the City Attorney to draft an ordinance to amend ECC 10.75.010.A to require citizens serving on the EDC be Edmonds residents. Ron Wambolt, Edmonds, relayed he was also shocked by Councilmember Petso's appointment. The extended agenda indicates a Council committee will discuss this issue next week; he hoped they would deliberate on the amendment Mr. Clifton suggested. As a Councilmember when the EDC was formed in 2009, he assured the intent was for it to be comprised of Edmonds citizens. The Planning Board, Architectural Design Board and Historic Preservation Commissions have provisions for members who live outside of Edmonds; they are no such provisions in the ordinance that established the Citizens Economic Development Commission. He summarized it was insulting to Edmonds citizens for Councilmember Petso to appoint someone who lived outside the City. He expressed support for an amendment that clarified the members of the EDC must be resident of Edmonds. 12. UPDATE ON THE NORTH EDMONDS EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA (ESLHA) Stormwater Engineering Program Manager Jerry Shuster explained given the tragic events in Oso, landslides are on everyone's minds. There are several areas in Edmonds with steep slopes and potential landslides. One area is known as the North ESLHA. He displayed a lidar map of the ESLHA, explaining it is located at the north end of Edmonds, approximately 52 acres, 2/3 mile long and 1/8 mile wide. Steve Wright, Principal Geotechnical Engineer, Landau Associates, displayed a geological cross- section of a typical Puget Sound bluff and described the geologic conditions that can lead to landslides. He displayed a map of Puget Sound landslide prone areas and explained: • Landslides within the Puget Sound region are fairly common • Typically along waterfront bluffs Edmonds City Council Approved Minutes May 6, 2014 Page 6 • Typically preceded by periods of extended heavy rainfall • Can range from minor slumps to catastrophic events (e.g. Oso landslide) He displayed the lidar map of the ESLHA, explaining the southern limit is 164th and the northern limit is approximately where 75th Place turns east. He displayed photographs of historic landslides in the ESLHA: • 1947 o 800 — 2400 feet wide and extending 1000 feet beyond the shoreline 1955-56 o 2 homes destroyed and many others damaged He commented on the history of ESLHA in the 1960s and 1970s: • Western portion of ESLHA annexed by City in 1963 • Eastern portion of ESLHA annexed by City in 1976 • Building moratorium imposed in 1979 (Resolution 428) • Geotechnical study of area authorized after building moratorium • Detailed analysis of ESLHA • Feasibility of minimizing landslide hazards He provided history of the ESLHA in the 1980s: • LID 210 established in early 1980s • Sanitary sewers and drainage systems constructed in mid-1980s o Public health benefit o Slope stability improvement • City staff have been monitoring groundwater levels within the ESLHA since 1980 o Groundwater levels dropped 3 feet following LID improvements o Groundwater levels have remained relatively constant • Building moratorium lifted in 1984 • Ordinance passed in 1988 outlining requirements for development within ESLHA He reviewed measures the City has taken to reduce landslide risks: • A drainage and sewer system has been installed and is being maintained (lowered water table and increased stability) • City has rigorous permitting process o Specific geotechnical investigation requirements for development o Designs must mitigate the risk for damage due to landsliding o Third party peer review process o Signing of hold harmless agreements by developers, engineers, geotechnical engineers and homeowners o Acknowledgement by owner that the risk of landsliding within the ESLHA is greater than other parts of Edmonds He described measures the City is taking to monitor conditions: • Long history of weekly site visits to inspect the condition of the drainage system • Monitoring and plotting groundwater levels on a period basis (5 times/year) • Engaging Landau Associates to review groundwater data and maintain groundwater monitoring wells as needed Mr. Wright provided a plot of groundwater levels from a series of monitoring wells within the neighborhood over a 4 year period, 2010-2014. The most recent data from the end of March, the wettest Edmonds City Council Approved Minutes May 6, 2014 Page 7 March on record, indicates the water levels are not any higher than historic levels, indicating the existing drainage system has enough capacity. He described similarities between ESLHA vs. Oso • Water and groundwater seepage are a triggering factor • Both areas have experienced landsliding for thousands of years • Both areas are still active slide areas • Both areas will experience slope movement in the future • Slope stability in both areas can be affected by human factors Mr. Wright described differences between ESLHA vs. Oso • No river at the toe of the ESLHA to remove the toe of the slope • No logging or extensive land clearing activities within ELSHA • Oso Slide Complex does not have a drainage system • Slope heights are very different (650 feet vs. 300 to 400 feet) • Loose deposits (Oso) vs. dense deposits (ESLHA) • Historic slides near Oso are much larger in scale compared to ESLHA He displayed a lidar image of Oso and other historic landslides and identified the Oso landslide which was a mile in width and a mile deep. He also displayed a lidar image of the ESLHA. Mr. Wright summarized: • The ESLHA is an active slide area • Continued ground movements within the ESLHA should be expected in the future • Recent groundwater level measurements do not suggest a dramatic rise in the water table due to recent heavy rainfall • City staff proactively monitoring conditions within ESLHA • The City's development code requires owners and designers to understand and acknowledge the landslide risks prior to development • New structures must be designed to mitigate landslide risks Council President Buckshnis asked if this was only slide area documented in Edmonds. Mr. Wright answered this is one, probably the largest, but there are other landslide areas in Edmonds. Council President Buckshnis referred to an email from a citizen in the Pt. Edwards area where some slide activity has occurred, possibly due to tree removal. She asked whether staff planned to review any other areas. Mr. Shuster answered there are no plans at this time. He will discuss the email with Mr. Williams when he returns from vacation. Councilmember Bloom commented on other factors that adversely affect slide areas such as placing fill at the top of a slope. She referred to Haines Wharf Park, recalling one of things that escalated the cost was removal of unsuitable soils and asked what that meant. Mr. Wright answered he did not have enough information regarding the details of that project to comment on why the soils were unsuitable. He speculated they could be organic rich or that the density of the soil was not suitable. City Engineer Rob English responded the organics within the soil material made it unsuitable. As a result a lot of materials that was planned to be used on site had to be excavated and removed and new material brought in. Councilmember Bloom asked whether the removed soil was similar to what Mr. Wright described in the cross-section of a landslide area. Mr. Wright explained in an undisturbed state, the soil is dense and strong; once it moves and slides, it becomes loose and saturated. The soil at the bottom of a slope can be unsuitable in terms of its ability to support structures. Edmonds City Council Approved Minutes May 6, 2014 Page 8 Councilmember Bloom observed the ESLHA has requirements for property owners before development occurs. She asked whether other landslide areas had the same requirements. Mr. Wright answered the ordinance only applies to the ESLHA. Building Official Leif Bjorback explained the presentation focused on ESLHA. The development code addresses other steep slopes similarly to the ordinance established for the ESLHA although the requirements for development are not quite as stringent as the ordinance for the ESLHA. Councilmember Bloom commented the Critical Areas Ordinance speaks to the preservation of trees due to their assistance with slope stability. Mr. Bjorback answered the ESLHA ordinance is very specific with regard to providing information about the impacts of vegetation removal and alteration. Councilmember Bloom asked whether the lots in that area are zoned larger to allow for setback from steep slopes. Mr. Bjorback answered some lots are larger than the average in the City but there are also a lot of smaller lots. Councilmember Mesaros asked about a percentage of developed and undeveloped land in the ESLHA. Mr. Shuster advised that calculation had not been done but he could provide it. 13. APPROVAL OF AMENDMENT TO ALLIANCE FOR HOUSING AFFORDABILITY INTERLOCAL AGREEMENT Development Services Director Shane Hope explained housing has many issues: • Types and choices to meet diverse needs • Adequacy and safety • Energy efficiency • Proximity to jobs and services • Affordability She explained affordable housing is more than a structure: • Housing is affordable if a household can live in it without sacrificing food, health care, and other essentials • Housing cost -burdened — household earning less than the median area income and paying more than 30% of their income on housing (SCT and national standard) She explained many whose work serves us or our children cannot afford to live near those workplaces. For example: • A teacher with 3 kids earns $41,000/year • Average rent of 3 bedroom apartment where she teaches: $1,395 • To afford that rent, she needs to make $53,240 Ms. Hope provided background on the Alliance for Housing Affordability (AHA) • New name for Inter urisdictional Housing Coordinator program • Effort arose from Snohomish County Tomorrow to which Edmonds belongs — to expand information and opportunity for attainable or affordable housing, consistent with local needs, in manner that would leverage coordination among jurisdiction in Snohomish County • 2009 feasibility study for SCT o ARCH model 0 2011 Memorandum of Understanding for Edmonds to work with other jurisdictions on crafting program o Committee work 2011-13 • Program concept o Cities and county to coordinate and share technical assistance and information on housing issues by sharing one full-time staff person (similar to ARCH) Edmonds City Council Approved Minutes May 6, 2014 Page 9 o Key focus over next 18 months to help jurisdictions prepare for major Comprehensive Plan and regulations update that is coming due — especially Housing Chapter of Comprehensive Plan She described the Interlocal Agreement: • Prepared for participating jurisdictions, agencies (2 year commitment) • Approved by Edmonds City Council late summer 2013 and signed by Mayor • 12 jurisdictions plus HASC originally signed on o Edmonds, Everett, Granite Falls, Housing Authority of Snohomish County (HASC), Lake Stevens, Lynnwood, Marysville, Mill Creek, Mountlake Terrace, Mukilteo, Snohomish, Snohomish County and Woodway. • Roles per Interlocal Agreement o One shared staff specialist ■ Selected by a committee of AHA in late 2013 ■ Officially employed by and housed at AHA current Administrative Agency (HASC) which provides office space, computer, phone, etc. ■ Receives direction from AHA Board • Mountlake Terrace is fiscal agency o Carries out basic fiscal duties such as keeping AHA Funds in account and providing payroll to AHA staff specialist Joint Board o Comprised of elected official from each participating jurisdiction, with limited support from jurisdiction's staff o Council President Buckshnis represents Edmonds on AHA Board with support from Development Services Director Ms. Hope described funding of AHA: • Program's main cost is one staff person with local government housing expertise • Gates foundation provided $500,000 in start-up funds o Through no guaranteed, amount may be renewed next year if program is moving forward • Each participating jurisdiction also contributes proportional share based on population, toward operating program o Edmonds' share for 2013 was $2,385; it will be $2,457 in 2014 (needs City budget amendment) Ms. Hope described what is happening now: • AHA Board continues to meet Delivery of draft Affordable Housing Profile for Edmonds late June After finalization Affordable Housing Profile information will be presented to Planning Board and City Council Continued work by AHA staff to complete housing profiles for all participating jurisdictions and follow up on other housing issues She described the current issue: • Arlington, not original member, wants to join o Current ILA does not cover new members o To include Arlington ILA must be amended • ILA Amendment has been drafted to include Arlington o No other changes o Edmonds and other jurisdictions asked to approve amendment Edmonds City Council Approved Minutes May 6, 2014 Page 10 Councilmember Mesaros asked if all the member jurisdictions have to approve the amendment or only a majority. Ms. Hope answered all the jurisdictions must approve the amendment. COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO AUTHORIZE THE MAYOR TO SIGN THE AMENDMENT TO ALLIANCE FOR HOUSING AFFORDABILITY INTERLOCAL AGREEMENT. Councilmember Mesaros asked the impact to Edmonds of the AHA. Ms. Hope answered there has not been much impact yet because it is just beginning. The impact over the next year will be better data regarding housing. MOTION CARRIED UNANIMOUSLY. Mayor Earling declared a brief recess. 14. AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH THE BLUELINE GROUP FOR CAPITAL PROJECTS CONSTRUCTION MANAGEMENT ENGINEERING & INSPECTION SERVICES City Engineer Rob English displayed a chart of the capital workload 2008-2014, explaining the final amount of capital projects in 2013 was $9.8 million, the City's biggest year in the last 5 years. Plans are to do $15-16 million in capital projects in 2014, a 60% increase. When the capital workload chart was presented in fall 2013, staff estimated approximately $19 million in capital projects; some projects are not going to construction in 2014 as originally planned including the 220th corridor project (in right-of-way acquisition phase) and the 236th and 238th walkway projects (in design phase). Mr. English explained one capital project manager position was added in 2013 and another position was added in 2014. The 2013 position, while an additional FTE, was not a net increase because from 2008 when development workload decreased to 2012, an existing staff member assigned to development review was used for capital project management. Once development review increased, that position returned to development review and a project manager position was added in 2013. The position added to the 2014 budget has not yet been filled. Staff is actively recruiting to fill the position but a candidate with the necessary qualifications and experience has not been identified. He explained one of the ways to manage workloads is hiring consultants to manage peaks and when existing staff does not have the necessary expertise. For example, when right-of-way acquisitions are made with federal funds, a private firm certified in right-of-way acquisition is hired. In the proposed contract, Blueline Group would be hired to provide construction management services that include inspection, contract administration for two construction contracts, the sewer main replacement and 2014 the water main replacement project. Mr. English highlighted construction management services that Blueline Group will provide: • Field inspection • Tracking field quantities • Pay estimates • RFIs • Submittals • Monitoring schedule • Coordinate material testing • Respond to citizens • Change order documentation Edmonds City Council Approved Minutes May 6, 2014 Page 11 Project documentation Project close out Mr. English reviewed 2014 Utility Projects: • Sewermain replacement (Phase 1) o $1.53 million — construction budget o $184,000 — construction management o Begin construction May 2014 0 1,800 lineal feet of new sewer main 0 1,000 lineal feet of new watermain • 2014 watermain replacement o $1.71 million — construction budget o $135,000 — construction management o Begin construction July 2014 0 6,400 lineal feet of new watermain He explained the project budget includes funds for construction management. He reviewed the budget for construction management, explaining Blueline's services and material testing will be paid from that budget: Project Budget Sewermain Phase 1 $184,000 2014 watermain replacement $135,000 Total $319,000 Mr. English reviewed other 2014 projects: • Sewer main replacement (Phase 2) o $2.5 million — construction budget o Begin construction July/July 2014 0 4,500 lineal feet of new sewermain 0 1,100 lineal feet of new watermain • Stormwater projects o Public Works Decant Facility Upgrade 0 4th Ave Stormwater improvements 0 238th stormwater phase I improvements Mr. English summarized: • Construction of City facilities should be properly inspected with required documentation to determine compliance with City specifications • Consultants are needed to support staff • Project budgets will pay for services • Expect additional supplements or contracts as more projects are awarded Councilmember Petso commented the Council packet did not include the other bids. She asked whether the City accepted the lowest bid. Mr. English answered consultants are selected based on qualifications and experience. Staff followed the City's consultant selection policy, issuing a Request for Qualifications (RFQ) and received Statements of Qualification, a consultant selection panel evaluated the qualifications and experience and selected Blueline. A priority list of two firms was also established in the event additional services were needed that Blueline could not provide. Councilmember Petso asked whether these were routine water and sewer replacement projects. Mr. English answered yes for the sewermain Phase 1 and the 2014 watermain replacement projects. Some of Edmonds City Council Approved Minutes May 6, 2014 Page 12 the other projects are not routine, specifically the stormwater project. Councilmember Petso relayed her understanding that staff may be stretched tight for engineering but asked whether the City's crew could do general oversight. Mr. English explained there are project manager functions that require a project manager for every project and there are duties that can be delegated or assigned to a consultant. Staff likes to retain the interface with the contractor and limit interaction between the consultant and the contractor. There is always a City project manager; the workload dictates how much work that project manager can do. For these two projects, a majority of the inspection will be done by Blueline. For Phase 2, it is hoped the in-house project manager can provide more inspection services thereby reducing the need to amend the Blueline contract for them to provide inspection. Councilmember Petso asked whether the City had public works crew that could do some of these functions. Mr. English answered public works operation and maintenance crews are tasked with ongoing maintenance of the City's sewer, water and storm systems; if those crews are taken from those tasks, ongoing maintenance would not be done and there is also potential for union issues. Councilmember Petso referred to the potential supplement to the Blueline contract, asking whether that had to be offered to all the respondents to the RFQ or only to Blueline. Mr. English answered it could be offered only to Blueline. He acknowledged it is difficult to scope the project due to the number of variables such as speed and effort of the contractor. The budget is for $170,000 or .65 FTE; if there is a need for more services, staff will return to Council. Councilmember Bloom explained she asked for this to be presented to Council due to her concern with allocating funds in the budget to hire a project manager to reduce consultant costs. In reviewing the contract, she became concerned with the hourly fees charged by Blueline. Comparing Blueline's hourly rates to the contract recently approved with David Evans for the Five Corners, she found David Evans's rates significant lower, in some cases 1/3 less. For example, Blueline's rate for an administrative assistant is $70/hour compared to $27/hour for David Evans. Blueline's rate for a project manager is $150/hour compared to $57/hour for David Evans. She observed in the next agenda item, KPG's rates are consistent with David Evans or slightly higher. Mr. English explained the rates presented in Blueline's scope are loaded rates, the direct hourly rate plus overhead plus profit. The rate in the KPG contract is the direct hourly rate. For a straight comparison, a multiplier of 2.7 is applied to the direct hourly rate to reach the loaded rate. The same is true with the David Evans contract. Councilmember Bloom asked why it was written that way in the contract; for example the hourly rate for a project manager in Blueline's contract is listed as $150 and $57 for David Evans. Mr. English reiterated the 2.7 multiplier takes the $57/hour up to a loaded rate of approximately $150 which is comparable to the Blueline contract. The Blueline contract is a federal contract which requires the fees be separated. Councilmember Mesaros how many project manager consultants the City is currently working with. Mr. English answered several including WHPacific for construction management on Five Corners. He noted construction management contracts provide different services; the Blueline contract is primarily for an inspector and contract administration to support the City project manager with items such as pay estimates, change orders, documentation, etc. Councilmember Mesaros pointed out it was always the plan to hire a consultant. Mr. English agreed. Councilmember Mesaros asked whether a consultant would be required if the fourth project manager position was filled. Mr. English answered yes but likely a reduced amount. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO AUTHORIZE THE MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH THE BLUELINE GROUP FOR CAPITAL PROJECTS CONSTRUCTION MANAGEMENT, ENGINEERING & INSPECTION SERVICES. Edmonds City Council Approved Minutes May 6, 2014 Page 13 Councilmember Bloom did not support the motion due to her concern with the cost and the potential increased cost in the future. Councilmember Petso did not support the motion, expressing concern the Council budgeted for a project manager and because that position has not been filled, an expensive contract is required for inspection services. Councilmember Peterson expressed his support for the motion, noting the complexity of government contracts. He recognized staff was trying to fill the project manager position but in the meantime there are water, sewer and stormwater projects that need to be done. He acknowledged the situation is not ideal but it was important to move these projects forward. MOTION CARRIED (5-2), COUNCILMEMBERS PETSO AND BLOOM VOTING NO. 15. AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH KPG, P.S. FOR DESIGN OF WALKWAY IMPROVEMENTS ON 15TH ST. S.W. FROM SR104(EDMONDS WAY) TO 8TH AVE. S. City Engineer Rob English explained this is a proposed contract with KPG to design a walkway on 15th Street SW between SR104 and Main Street. In 2013 the City received a $374,000 Safe Routes to Schools grant to build 600 feet of new sidewalk. This follows construction of a sidewalk constructed on 226th Street, south of SR104 to provide connectivity to Sherwood Elementary. He described the consultant selection process; a Request for Qualifications (RFQ) was issued in accordance with the consultant selection policy. Statements of Qualification were received from several firms; the consultant selection panel selected KPG based on their experience and qualifications. The original intent was to have one contract for the 15th Street SW and the 236"' and 238th walkways. For several reasons including that 236th is a federal grant, a decision was made to separate the scope and fee into 3 separate contracts. The design fee is $61,000 with a management reserve of $2,900. This is within the Mayor's authority but staff wanted to present it to Council. The scope of work for the 236th walkway and 238th walkway are being finalized and the contracts will be presented to the Parks, Planning & Public Works Committee next week. For Councilmember Petso, Mr. English explained the difference between this agenda item and the previous agenda item is this contract is related to design; the contract in the previous agenda item was related to inspection, engineering and construction management activities. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO AUTHORIZE MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT WITH KPG, P.S. FOR DESIGN OF WALKWAY IMPROVEMENTS ON 15TH ST. S.W. FROM SR104 (EDMONDS WAY) TO 8TH AVE. S. MOTION CARRIED UNANIMOUSLY. 16. COUNCIL VISION PLANNING FOR 2014 Council President Buckshnis explained this is a continuation of the brainstorming and vision planning done at the Council retreat. Her intent is to summarize the items and continue discussion at the May 27 work session. She reviewed items from Vision Planning at the 2014 Council Retreat: • Highway 99 o Flexible zoning o Development agreements o Connections to transit Edmonds City Council Approved Minutes May 6, 2014 Page 14 o Parking o Use and mix of use o Affordable housing • Development Agreements • Affordable housing • Long term predictable funding for street preservation • Mechanisms for historic preservation of downtown BD1-BD5 o Main Street program o TDRs • Construction Noise Ordinance • Business Incentives • Economic Development • Review Comprehensive Plan provisions for waterfront area • Rain garden program o Incentive funding from stormwater utility • Westgate and Five Corners • Comprehensive Plan Update • Solar projects (public and private) • Year-round market • Legislative/policy support of recycling program • Public safety (5-7 years) o Need for regional jail o Rebuild/replace countywide communication systems (SERS) by 2020 • Local versus regional municipal court • Public Defender contract 2015 and beyond • Stormwater funding • Single topic retreat • Transportation conflicts on waterfront • Fire District 1 contract She explained each Councilmember put dots by the items to identify their priorities. The top six goals identified via that exercise are: • Highway 99 (has been sent to the Planning Board) • Affordable Housing — Interlocal Agreement with Alliance for Housing Affordability • Long term transportation funding • Historic preservation in the BD1-BD5 zones • Economic development • Year-round summer market She asked the Council whether these were still their top six goals, how can the goals be achieved and how administration can assist the Council. Councilmember Mesaros suggested referring this discussion to a retreat where the Council can affirm that these are the six top priorities or reconsider the list. Council President Buckshnis explained that was the intent at the work session at the end of May due to the difficulty of scheduling retreats. Councilmember Fraley-Monillas suggested if these are the top six topics, each one could require a separate meeting to discuss how to achieve it. For example, the goal of affordable housing is not achieved via the interlocal agreement. Similarly, referring Highway 99 to the Planning Board does not achieve that goal. Reviewing each one will take time at either a retreat or a dedicated meeting. Edmonds City Council Approved Minutes May 6, 2014 Page 15 Councilmember Petso asked why only six top goals were selected, noting the list did not include some issues such as a quiet zone. Council President Buckshnis explained these six received the most dots. She suggested considering one item at each work session. Councilmember Mesaros agreed any list of goals needed to be dynamic enough to include current needs. This could be a starting point and other items could be added as they arise. Councilmember Peterson agreed with discussing at the next work session whether these are the top six and then discussing one topic at each subsequent work session such as establishing priorities and/or next steps for each item. Councilmember Bloom suggested having Jim Reid facilitate this discussion at the retreat on May 21. Council President Buckshnis responded that would require changing Mr. Reid's scope of work to include assisting the Council with goal setting rather than communication. Councilmember Bloom responded Mr. Reid's work with the Council is about communication and determining goals. Councilmember Peterson commented when the Council committee developed the contract with Mr. Reid, it did not include discussion of goals. He preferred to continue the existing process with Mr. Reid, fearing the addition of elements in the middle of the process would alter the focus. Councilmember Fraley-Monillas suggested asking Mr. Reid if this would be an opportunity for a workshop scenario on communication, process and reaching consensus. Council President Buckshnis explained the intent of this item was for the Council to develop goals for the future. Mr. Reid was hired as a consultant to assist the Council with communication. When she asked Mr. Reid about assisting the Council with goals, he said he did not want to get in the middle of things. Councilmember Bloom relayed Mr. Reid indicated to her that this would be an ideal opportunity to discuss shared goals. She summarized Mr. Reid is a trained facilitator who has done this exact thing with other Councils. Mayor Earling suggested Council President Buckshnis contact Mr. Reid regarding assisting the Council with goal setting. Councilmember Johnson explained the Council had a brainstorming exercise at the retreat in March to identify areas to work on in 2014; this was followed by a dot exercise where Councilmembers identified their priorities. The six top items Council President Buckshnis presented are the result of the dot exercise. She summarized there are 6 items that 3-4 Councilmember agreed on and she would like to have further discussion on those 6 items. She viewed this as separate from what the Council hired Mr. Reid to accomplish. 17. MAYOR'S COMMENTS Mayor Earling thanked the Council for confirming the three appointments tonight. He appreciated Councilmember Petso's clarification that her vote had nothing to do with the candidates' qualifications. Mayor Earling reported on an announcement at the last Snohomish County Cities meeting that the Puget Sound Clean Air Agency (PSCAA) plans to seek a 44% increase in their fee in 2015. He acknowledged other regional agencies have been holding down membership fees for the past several years in view of the budget crunch but will at some point need to increase their fees. There will be an effort by Snohomish County Cities as well as Sound Cities (King County) and Pierce County cities to request PSCAA Edmonds City Council Approved Minutes May 6, 2014 Page 16 formulate a better approach rather than 44% increase. This equates to $11,000 for Edmonds and much more for larger cities. 18. COUNCIL COMMENTS Council President Buckshnis reported the Edmonds Historic Museum is open and it looks beautiful. She encouraged the public to visit the museum. She reported on the wonderful walkabout she took with WRIA 8. Councilmember Bloom reported SeaJazz will kick-off on the family stage at the Port of Edmonds on May 31. Councilmember Mesaros reported discussion at the May 2 SeaShore Transportation Forum focused on the failure of the King County transportation measure that will result in a 17% service cut in Metro buses. The cuts, which will be phased in over 14 months beginning in September, equate to 30,000 more cars on road. 19. CONVENE IN EXECUTIVE SESSION REGARDING POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) At 9:47 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 15 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to 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, Bloom and Mesaros. Others present were City Attorney Jeff Taraday and City Clerk Scott Passey. The executive session concluded at 10:19 p.m. 20. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION Mayor Earling reconvened the meeting at 10:20 p.m. No action was taken as a result of meeting in executive session. 21. ADJOURN With no further business, the Council meeting was adjourned at 10:20 p.m. r DAVID O. EARLING, MAYOR r<;5� - SCOTT PASSEY, CITY- LERK Edmonds City Council Approved Minutes May 6, 2014 Page 17