Loading...
Cmd021820E D M ONDS CITY COUNCIL MEETING APPROVED MINUTES February 18, 2020 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Adrienne Fraley-Monillas, Council President Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Laura Johnson, Councilmember ALSO PRESENT Zach Bauder, Student Representative 1. CALL TO ORDERIFLAG SALUTE STAFF PRESENT Jim Lawless, Acting Police Chief Ken Crystal, Police Sergeant Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Rob Chave, Planning Manager Jessica Neill Hoyson, HR Director Mike Clugston, Planner Tom Brubaker, City Attorney's Office Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:05 p.m. by Mayor Nelson in the Council Chambers, 250 5" Avenue North, Edmonds. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Buckshnis read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. APPROVAL OF AGENDA COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO PULL ITEM 10 FROM THE AGENDA. MOTION CARRIED UNANIMOUSLY. COUNCIL PRESIDENT FRALEY-MONILLAS BUCKSHNIS, TO APPROVE THE AGENDA MOTION CARRIED UNANIMOUSLY. PRESENTATIONS MOVED, SECONDED BY COUNCILMEMBER IN CONTENT AND ORDER AS AMENDED. Edmonds City Council Approved Minutes February 18, 2020 Page 1 PROCLAMATION FOR JOE DWYER'S 100TH BIRTHDAY Mayor Nelson read a proclamation honoring Joe Dwyer's 100`x' Birthday and declaring February 20, 2020 as Joe Dwyer Day in Edmonds. 2. ADMINISTRATION OF OATH OFOFFICE FOR POLICE: DEPARTMENT PR()MC , ION Acting Police Chief Jim Lawless said this is an opportunity to celebrate the achievement of a department member, Ken Crystal, who is receiving a promotion to rank of police sergeant. Joining Sergeant Crystal tonight are his daughter Mattier, son Jake, and girlfriend Lisa. An oath is an important public recognition of personal achievement. Most importantly an oath is a personal pledge to the highest legal, ethical and professional standards that are so critical to the law enforcement mission. Sergeant Crystal has served the Edmonds community for nearly 22 years after being hiring as a lateral officer on July 6, 1998. He came to Edmonds with several years of police experience with the New Castle, Delaware Police Department and the Delaware State Police. During his time with Edmonds, Sergeant Crystal has been a property crimes detective, a narcotics detective, a motors officer as well as a patrol officer and has been a patrol corporal for the last 5'/z years. An interesting side note to Sergeant Crystal's work as a narcotics detective is that after leaving that assignment, he served a six month term as the law enforcement liaison to the Snohomish County Adult Drug Treatment Court, a therapeutic court that works with adult offenders whose charges stem from drug addiction or abuse. Off duty, Sergeant Crystal has for many year coordinated the EPOA sponsored Thanksgiving dinner for seniors as well as the EPOA Christmas gift giving program in Edmonds area schools. Sergeant Crystal has received two letters of commendation, a medal of valor for rescuing an individual from a fire and was the David Stern Officer of the year in 2012. Chief Lawless administered the oath of office to Sergeant Crystal. His daughter Mattier pinned his badge and his son Jake presented his hat which also displays a badge of rank. Chief Lawless presented a Certificate of Promotion to Sergeant Crystal. Sergeant Crystal thanked Council, Mayor, co-workers, family and citizens for attending. He explained he was being promoted because Sergeant Bob Barker is retiring. A poll at a recent shift briefing revealed the average age of officers in the department at the time was 56 and the minimum amount of experience on that day was 28 years. Conversely, the graveyard crew has an average age of about 30 and the average amount of experience is 3 years. There is a huge transition in the department and it is an exciting time to be invited into the leadership to help new officers as they grow in their career and he pledged to do the best he can to share what he has learned. 3. HEARING EXAMINER ANNUAL REPORT Hearing Examiner Phil Olbrechts explained he is the Hearing Examiner for about 20 jurisdictions including Mill Creek, Mountlake Terrace, and Kenmore as well as larger cities such as Lakewood and Federal Way. His clients range geographically from Mt. Vernon to Port Townsend to Mason County. Edmonds is one of favorite jurisdictions as some issues become contentious because people really care what happens in their community. He highlighted the three cases he held this year: Hitchens Shoreline Variance (3/27/19): Shoreline variance approved to build 4,690 square foot home 15 feet into a 50 -foot shoreline buffer. The lot had an existing nonconforming home that was located 5-6 feet from the shoreline. If the variance had been denied, the Applicant could have expanded the home landward from its existing location, creating far more view impacts to surrounding properties. In the alternative, if the variance were denied the Applicant could have built a new albeit smaller home further up the slope, also creating more view impacts to adjoining properties. There was no opposition to the project. However, Edmonds City Council Approved Minutes February 18, 2020 Page 2 one resident noted that neighbors were concerned that a narrow private drive would be used to access the new home. Staff took care of this issue by recommending a condition (which was adopted) that the private drive access be barricaded. Sound Transit Conditional Use Permit (4/25/19): Conditional use permit approved for 25 parking spaces at Edmonds Methodist Church at 828 Caspers Street to be used for commuter parking for users of the Sounder, with the Edmonds stop located about a mile away. Adjoining the church site is a Community Transit bus stop that the commuters can use to access the Sound Transit Station. Sound Transit and Community Transit have synced their schedules to facilitate use of the parking lot. No opposition. Edmonds Waterfront Center and Waterfront Redevelopment (6/7/19, reconsideration denied 7/20/19): Approved three shoreline substantial development permits, a conditional use permit and design review to redevelop the Edmonds Senior Center at 220 Railroad Avenue and to construct an adjoining overwater walkway in front of the Ebb Tide Condominium at 200 Beach Place. The proposal drew significant opposition from the residents of the Ebb Tide Condominiums, who's uninterrupted waterfront views of Puget Sound were to be interrupted by an overwater extension of the Edmonds waterfront trail built upon a concrete foundation similar to Seattle's monorail tracks. The overwater trail was to have the same elevation as the bulkhead for the condominiums. Ebb Tide condominium owners filed an appeal of a determination of non -significance 1 issued for the project in addition to opposing approval of the land use applications. The environmental appeal was overturned and the decision to issue a determination of non- significance was upheld.' The primary issues raised by Ebb Tide residents were impacts to forage fish, pedestrian safety, noise and easement rights. The evidence presented establishes that although the project may create some minor impacts to forage fish, overall project mitigation in the form of 3,000 square feet of new forage fish habitat was found to more than compensate for these impacts. As to pedestrian safety, the overwater walkway was only proposed to be ten feet wide with no significant guardrails. Guard rail requirements are addressed by building code standards. The final decision deferred guardrail implementation to building permit review, with the caveat that the City would have to implement measures to prevent access to the overwater walkway during storm events. As to easement rights, the City has an easement for the proposed trail extension but the Ebb Tide owners asserted that the scope of the easement did not authorize the elevated walkway proposed by the City. The decision concluded that easement rights are beyond hearing examiner jurisdiction. There was no opposition to redevelopment of the Edmonds Waterfront Center. The Ebb Tide residents were very accommodating in separating their appeal and concerns from the Waterfront Center so that construction on the Waterfront Center could move forward without delay. 'A determination of non -significance is a decision by the City's State Environmental Policy Act Responsible Official that an environmental impact statement is not necessary to review the impacts of the proposal because all impacts will not rise to the level of probable significant adverse impacts. Councilmember Buckshnis asked about the reconsideration on the Edmonds Waterfront Center and Waterfront Redevelopment that was denied but the permits were approved. Mr. Olbrechts answered the reconsideration was related to the trespass issue which was outside his jurisdiction so reconsideration was denied. 4. PROSECUTOR'S OFFICE ANNUAL REPORT Jim Zachor, Junior, Zachor & Thomas, introduced Yelena Stock, Ms. Stock has been an attorney since May 2009. She began her career at Zachor at Thomas in 2009. In 2014, she left Zachor and Thomas for the City of Seattle prosecutor's office. There she quickly excelled and became one of the City of Seattle's top trial Edmonds City Council Approved Minutes February 18, 2020 Page 3 attorneys, with a special emphasis on prosecuting crimes of domestic violence. During her tenure there, she also gained experience and knowledge, handling cases in many of the various community court programs offered by the City of Seattle. In June 2019, she came back to Zachor and Thomas and brought with her the knowledge and experience in prosecuting DV cases, but also her knowledge and experience with community courts. Ms. Stock is one of two supervising attorneys and handles the bulk of all City of Edmonds criminal matters as well as all cases currently in the newly formed Edmonds community court. Mr. Zachor introduced Sara Anderson who has been an attorney since October 2019. In her short time as an attorney, she has shown herself to be a smart and capable attorney who is passionate about the prosecution of misdemeanor cases. She currently assists Ms. Stock in the prosecution of the Edmonds criminal caseload and appears frequently at on the jail, arraignment, and review calendars. Mr. Zachor explained he has been an attorney since 2009. He is currently a supervising attorney for the City of Edmonds. His primary responsibilities are defending the City of Edmonds on RAU appeals and representing the police department in drug, felony and firearm forfeitures. He also handles the out-of-court administrative functions required by the court, assists Ms. Stock in preparing the legal updates and trainings for the police department, is the primary point of contact for police officers needing review of search/arrest warrants or with charging/arrest questions and is "on-call" 24 hours a day, 7 days a week. He is also responsible for all charging review cases Ms. Stock reviewed criminal filings 2018 compared to 2019: Mr. Zachor explained the Edmonds Police Department (EPD)is one of the more active departments for pursuing DUI offenders; even though 2019 decreased slightly compared to 2018, he liked to think that was due to the emphasis Edmonds Police Department places on DUI. The prosecution of DUI has become a much more burdensome and lengthy process. The primary mode of determining blood alcohol level is via blood testing where the EPD draws someone's blood at the hospital, sends it to the Washington State toxicology lab who runs tests on the blood to determine the alcohol, marijuana, illicit drugs, prescription drugs, etc. That process has become quite burdensome; 4-5 years ago the turnaround was 2 weeks; early last year the delay was 6 months, the current average delay to get results is 10-12 months even though the toxicology lab has hired more people. Toxicology results are important, especially for repeat offenders who typically have more experience with defense attorneys telling them how to get out of a DUI. The wait time for toxicology results does not deter the EPD or their office from prosecuting DUIs. On occasion a case has to be dismissed temporarily and refiled when the toxicology results are available. Ms. Stock reviewed jury trials • Number of Jury Trials: 7 o Number of guilty convictions at trial: 4 o Number of not guilty convictions: 1 o Number of trials ending in a mistrial: 2 ■ Jury Trials by case type and result: o DUI — 2 trials — 2 guilty verdicts (both on appeal) o Assault 4 Domestic Violence: 3 trials — 1 guilty verdict (on appeal) and 1 mistrial and on retrial defendant was found not guilty. o Domestic Violence No Contact order violation — 1 trial, resulted in mistrial, not re -tried o Obstructing a Law Enforcement Officers — 1 trial with a guilty verdict (on appeal) Edmonds City Council Approved Minutes February 18, 2020 Page 4 Other Criminal Total Traffic Non -Traffic DUI/Physical Criminal Non- Total Criminal Infractions Infractions Control Traffic traffic Filings 2018 4547 29 144 328 466 5514 938 2019 2804 38 135 343 507 3827 985 Mr. Zachor explained the Edmonds Police Department (EPD)is one of the more active departments for pursuing DUI offenders; even though 2019 decreased slightly compared to 2018, he liked to think that was due to the emphasis Edmonds Police Department places on DUI. The prosecution of DUI has become a much more burdensome and lengthy process. The primary mode of determining blood alcohol level is via blood testing where the EPD draws someone's blood at the hospital, sends it to the Washington State toxicology lab who runs tests on the blood to determine the alcohol, marijuana, illicit drugs, prescription drugs, etc. That process has become quite burdensome; 4-5 years ago the turnaround was 2 weeks; early last year the delay was 6 months, the current average delay to get results is 10-12 months even though the toxicology lab has hired more people. Toxicology results are important, especially for repeat offenders who typically have more experience with defense attorneys telling them how to get out of a DUI. The wait time for toxicology results does not deter the EPD or their office from prosecuting DUIs. On occasion a case has to be dismissed temporarily and refiled when the toxicology results are available. Ms. Stock reviewed jury trials • Number of Jury Trials: 7 o Number of guilty convictions at trial: 4 o Number of not guilty convictions: 1 o Number of trials ending in a mistrial: 2 ■ Jury Trials by case type and result: o DUI — 2 trials — 2 guilty verdicts (both on appeal) o Assault 4 Domestic Violence: 3 trials — 1 guilty verdict (on appeal) and 1 mistrial and on retrial defendant was found not guilty. o Domestic Violence No Contact order violation — 1 trial, resulted in mistrial, not re -tried o Obstructing a Law Enforcement Officers — 1 trial with a guilty verdict (on appeal) Edmonds City Council Approved Minutes February 18, 2020 Page 4 Mr. Zachor said a common question is why are the guilty verdicts on appeal; In Washington, defendants have what is called a direct appeal or appeal as a matter of right, meaning the defendant has a right to appeal a finding of guilty to a higher court. Most often, appeals are a result of a defendant being found guilty after a jury trial. Currently, all jury trial guilty verdicts from 2019 are in the appeal process. Including appeals from 2017 and 2018, bring the total to 8 pending appeals (total also includes 2 new appeals already filed in 2020). Appeals from jury trials often take several months to process for transcriptions, reviewing, brief writing, and oral arguments before the court are conducted. One such example, is a current DUI case on appeal resulted in a 660 -page transcript. Mr. Zachor and Ms. Stock highlighted notable cases in 2019: • Edmonds v. Sanchez — The defendant was charged with his 41h DUI in the last 10 years, 2 in the last two years in Washington and 2 in Texas. That case went to trial in April and he was found of DUI and is currently serving a one-year jail sentence because he was a repeat offender. The case is currently on appeal and has a transcript of 660 pages. • Edmonds v Bendzak — This was the defendants 3`d DUI. The jury trial took two days and was successful as a result of the Police Department and witnesses. In talking to the jury afterwards, they indicated the Edmonds Police Department and Prosecutors had done an excellent job. The defendant was found guilty at jury trial and sentenced to 30 days, 5 days in jail and 25 days on EHM, and 5 years of probation with requirements to obtain alcohol/drug treatment. The case is currently on appeal. The case highlights the difficulties posed by the long delay in receiving toxicology results from the State Toxicology lab. This case was originally filed in 2018 but had to be dismissed and re -filed almost 8 months later when the toxicology results were finally received. • Edmonds v. Curtiss — This stalking case began in 2012 and involved a young lady who was stalked for over 5 years by the defendant, resulting in her spending much of her time at home protected by her mother. The case was finally resolved in 2019, originally filed in 2017. His and Police Department's primary concern was to protect the victim; the case resulted in diversion agreement and a permanent/life-time stalking protection order and securing significant mental health treatment for the defendant. While the defendant is on this diversion agreement, should he violate any provisions or conditions, he will likely spend a year or more in jail. The diversion agreement also saved the victim from having to testify and relive the horrors she endured during this part of her young life. Mr. Zachor thanked the Edmonds Police Department for the time and effort they put into this case. Ms. Stock and Mr. Zachor reviewed prospects for 2020: Community Court — Edmonds Municipal Court began its newly formed community court in January of 2020. Currently, the program has had two court calendars and the new program appears to be heading in the right direction by improving the success rate of defendant's on probation. The location allows defendants to take the bus and the court is one -stop -shopping. Most of the defendants are indigent and do not know what resources are available. DWLS 3post-filing, re -trial diversion program — The prosecutor's office is currently developing a program to improve the re -licensing of criminal defendants charged with driving on a suspended license in the third degree. While there are various reasons for such a driving status, it primarily is a result of not paying or responding to traffic tickets. This program is designed to help people become lawful licensed and insured drivers and therefore less likely to be in the criminal justice system. Domestic Violence prosecution — Adding Ms. Stock as one of the supervising attorneys for the City of Edmonds instantly brought a wealth of knowledge and experience to the firm's DV prosecution. Additionally, having the City's DV coordinator, Jill Schick, significantly increases the contact and success rate of DV prosecutions. Combined, the effect has seen a reduction of repeat domestic violence offenders Edmonds City Council Approved Minutes February 18, 2020 Page 5 and improvement in victim/police/prosecutor interaction and this office looks toward continued improvement on Domestic Violence prosecution cases. Thanked Edmonds Police Department officers. Councilmember L. Johnson expressed her appreciation and shared in the excitement of implementing community court. She referred to the decrease in traffic infractions from 4547 in 2018 to 2804 in 2019 and asked why there had been a 40% reduction. Mr. Zachor said that was best answered by the Police Department, but it can be related to a reduction in staffing levels, officers pulling over drivers and discovering there is an associated crime, people are driver better, etc. He summarized there were a number of factors that could result in the reduction. Councilmember K. Johnson asked about domestic violence cases; how many cases have there been, whether they are brought to community court and how Ms. Stock works with the Domestic Violence Coordinator. Ms. Stock answered she did not have exact number of domestic violence cases, they are included in criminal non -traffic. Mr. Zachor estimated 1/3 are domestic violence so about 150-200. Ms. Stock said community court is a post -conviction court, cases only go to community court if there is a disposition, the defendant is on probation and there has been a guilty finding. Defendants qualify for community court as long as there is no safety risk since the community court is held offsite at Swedish. If there any safety risks, defendants are seen at the Edmonds courthouse. Her work with Domestic Violence Coordinator Jill Schick includes multiple emails and phone calls and she staffs select cases with Ms. Schick at least once a week. Councilmember Paine thanked the firm for their work in the domestic violence community. She spent nearly seven years of career in that field and found it tough and interesting and required a lot of heart. She was excited by community court and asked if there was any interest in clearing post and pre -conviction warrants closer to Hwy 99. Mr. Zachor answered the Public Defender's Office, Judge Coburn and their office have bench warrant quash motions filed routinely. The difficulty with people with warrants is getting in touch with them. That question is probably better answered by the Public Defender who actively reaches out to people before court and after court if they do not appear. As long as there has been some contact with the Public Defender's Office, Judge Coburn tries not to issue warrants because she would rather have them in court than in jail. Edmonds has liberal policy of quashing warrants; Judge Coburn makes it as easy as possible for someone to quash their warrant; typically they simply need to show up and the Judge will quash their warrant. Councilmember Olson referred to the staffing issue at the toxicology lab effecting the time it takes to issue results. She asked if that was an issue nationwide or locally. Mr. Zachor answered it was statewide. Ms. Stock explained the toxicology lab has hired people but they must complete a certification process that takes up to a year. Councilmember Olson suggested that could be an opportunity for a public service announcement for young adults and asked what background was required. Ms. Stock answered chemistry. Councilmember Distelhorst thanked Zachor & Thomas for their report and their work on domestic violence and community court. He asked if 2 of 7 trials ending in mistrial was more than normal, whether there were significant lessons learned, noting one was retried and one was not guilty. Ms. Stock answered mistrials are usually due to something procedural. The rules of evidence are set at the beginning where evidence that will/will be allowed is determined. The most common is information that is supposed to be suppressed ends up comes out during trial and the trial has to start over. Once a case has begun, everyone has seen everyone else's hand and it is more difficult to "play poker" the next time when you know everyone's hands. So the prosecutor has to reevaluate to see if the case can be won knowing the strategy and what evidence will/will not be allowed as the rules of evidence still apply to the next case. Councilmember Buckshnis recognized the lengthy delay in receiving toxicology reports and the delay in processing rape kits. She asked the timing to process rape kits. Mr. Zachor answered rape is a felony which is filed by the Snohomish County Prosecutor's Office. Edmonds City Council Approved Minutes February 18, 2020 Page 6 Council President Fraley-Monillas thanked Zachor & Thomas for participating in Judge Coburn's community court program. She also served on Judge Coburn's team and she appreciate them being flexible and willing to go where issues are occurring. The cooperation of the prosecutor and defense attorneys made a huge difference in the ability to implement community court. Mr. Zachor said they too are excited about community court, finding it a great benefit to the community. 5. POLICE CHIEF RECRUITMENT PROCESS Human Resources Director Jessica Neill Hoyson introduced Gary Peterson, President & CEO, Public Sector Search & Consulting, Inc. She clarified there is no action required of Council. Mr. Peterson explained PSSC, a California corporation authorized to work in Washington; is a boutique firm with 5-7 employees that specifically focuses on executive searches for police chiefs. They pride themselves on being response to their clients and limit the number of searches they take on at any one time. He is the President/CEO of the firm and will be the Search Consultant and lead this project. He has personally led over 35 executive search projects over the past 5 years, including 23 police chiefs searches. All 23 searches resulted in a selection; all selections are still in place. He highlighted the qualifications of the recruiters involved in this search: Gary Peterson, President/CEO 30 years public safety/recruiting experience Retired Police Chief — Martinez, CA JD, MS, BA FBI National Academy Senior Management Institute for Police (SMIP) Training Committee, California Police Chiefs Assoc Mr. Peterson reviewed: • Track Record o 2019 Mark Helms, Search Consultant 32 Years Public Safety Experience Ret. Chief— Lodi PD (CA); former deputy chief, Stockton PD (CA) Executive Fellow, National Police Foundation Board of Directors, California Police Chiefs Assn. MPA, BA FBI National Academy CA Law Enforcement Command College ■ Yakima WA — Police Chief a Redmond, WA —Police Chief ■ Grand Rapids, MI — Police Chief ■ Payson, AZ — Police Chief Wheat Ridge, CO — Police Chief o 2018 ■ City of Seattle, WA — Police Chief • University at Buffalo (SNY) — Police Chief • Rohnert Park, CA — Police Chief ■ City of Syracuse, NY — Police Chief • City of Albany, NY — Police Chief • City of Seaside, CA — Police Chief o 2017 ■ Los Rios Community College, Sacramento, CA Chief/Director of Public Safety • City of Kansas City, MO — Chief of Police ■ City of Dallas, TX — Chief of Police Edmonds City Council Approved Minutes February 18, 2020 Page 7 ■ City of Sacramento, CA — Police Chief ■ City of San Francisco, CA — Police Chief + City of Fairfield, CA — Chief of Police ■ University of California, Davis — Chief of Police ■ University of California, Los Angeles — Chief of Police ■ City of Shafter, CA — Police Chief Search Process o Establish candidate profile o Develop recruitment materials o Advertise the position o Source/recruit quality candidates o Screen/vet candidates o Forward candidates with recommendations Selection process o Goal: Inclusive Process 0 1" round interviews ■ Law Enforcement Panel (Partners and Edmonds) ■ Intergovernmental Panel (Leaders e.g. Schools, Mental Health, Fire) ■ Community Panel (e.g. Youth Commission, Senior Center, Diversity Commission and Other Community Partners) ■ Interview with the Mayor o Debrief Panels — Provide the Mayor with Strengths and Opportunities for Improvement for each candidate o Select Finalists Finalist Process o Suggested Multi -Day Process Community Forum ■ City staff forum ■ Meet and greet City — directors team ■ Interview with Mayor ■ Mayor selects 3 finalists ■ City Council interviews three finalists ■ Mayor makes the final selection and forwards to City Council for approval o Entire process 90-120 days Council President Fraley-Monillas observed Mr. Peterson was from California and recalling Edmonds' Police Chief prior to Chief Compaan was also from California. She asked if that was because there were more police departments in California. Mr. Peterson answered there are 350 police departments in California. Council President Fraley-Monillas asked how Councilmembers should provide their input. Ms. Neill Hoyson suggested Council could provide input now or email input to her. Council President Fraley- Monillas said it may be better if Councilmembers have an opportunity to think about it for a bit. Ms. Neill Hoyson commented this would not be the Council's only opportunity; it will take 7-10 days to develop the recruiting materials so there is time to provide feedback. Councilmember Paine said she has been a public employee and has had bosses who conducted national searches. She asked if there would be a public records request to obtain all the employment information regarding the top candidates. Mr. Peterson answered it would depend on where they come from. A records check will be done through First Check who will provide a screening report that includes a lot of information Edmonds City Council Approved Minutes February 18, 2020 Page 8 but he was uncertain it would provide all the employment data. Councilmember Paine assumed they would also do a thorough internet search. Mr. Peterson agreed. Councilmember Paine asked what he perceived to be the biggest challenge in the recruitment process for a city Edmonds' size. Mr. Peterson answered mainly the cost of living; it is expensive to live in the Seattle Metropolitan area which may dissuade some candidates. He recruited for Redmond which is similarly situated and had a very strong candidate pool. Councilmember Paine commented Redmond also has unique qualities. Councilmember Olson asked if the City would be responsible for moving expenses if an out-of-state candidate were selected. Ms. Neill Hoyson answered that can be part of the negotiation process once a candidate is selected. Councilmember Buckshnis asked the population of cities he generally conducts searches for. Mr. Peterson answered it ranges from small (18,000) to very large. Councilmember Buckshnis asked if their questions take into consideration the knowledge of the area, the area the chief will be managing, crime history, etc. Mr. Peterson said all that information is relevant and important to know and is taken into consideration and factored into the assessment. Councilmember Buckshnis warned him the City had experts involved in the Fire contract who provided some very valuable information that saved the City approximately $1M/year, but that went terribly with the union. Council President Fraley-Monillas observed Mr. Peterson was involved in hiring Seattle's Police Chief Carmen Best who was an internal candidate. She asked how many total candidates there were for that position. Mr. Peterson recalled there were a total of 65 candidates; their process called for advancing five candidates to the mayor. Eight candidates were interviewed by a 24 -person search committee who reduced the number to five. PSSC's involvement ended once the five candidates were forwarded to the mayor's process. Council President Fraley-Monillas recalled Carmen Best was not Seattle mayor's top choice. Mr. Peterson said that was well documented in the newspapers and he did not want to comment. Council President Fraley- Monillas said she was not necessarily interested in Mayor Durkan's reasoning but how Carmen Best was appointed. Mr. Peterson the five candidates submitted were reduced to three, one candidate dropped out, Carmen Best was added and was ultimately selected. Councilmember Olson commented it was a relief to see so many layers of community engagement in the process, recalling recalled the hearing examiner's comment that Edmonds citizens care a lot about the community. She encourage him to listen to the citizen feedback at every step in the process. 6. AUDIENCE COMMENTS Darlene Stern, Edmonds, speaking for herself, referred to an article she wrote recently and asked if Councilmembers had read it; several indicated they had. She posed the following questions: What does the Mayor believe is broken at the Police Department that needs fixing? What is the Mayors' direction for the Edmonds Police Department; citizens would like to know the plan before it is implemented. Is it his intent bring Edmonds into the sphere of influence of Seattle policies and politic and if so, is that in the best interest of the Edmonds community? What message, perhaps a loss of confidence, are you sending to rank and file of the department that you would look outside for new leadership when the department has qualified leadership within and is already a successful, cohesive organization? At this point with so many retirees, it is critical that new staff have cohesive education and support for their inexperience. As pointed out earlier, there is an average of 3 years' experience on the graveyard and the department is losing 38 years of experience. Bringing in new, outside leadership at this point doesn't seem wise from a management standpoint. A change of leadership should be stabilizing and use of this recruiting company does not seem Edmonds City Council Approved Minutes February 18, 2020 Page 9 to move in that direction. She was concerned that the amount of money spent was excessive and recommended individuals in the department be strongly considered. Marlin Phelps referred to a 2015 phone conversation with City Attorney Jeff Taraday in which Mr. Taraday told him the City had a new public defender. Prior to that time, the City used Feldman and Associates in Lynnwood who was heavily corrupt. He went to Feldman's office because he was fighting corruption in Edmonds; Mr. Feldman slammed his office door to the amusement of receptionist. When he left, he saw Mr. Feldman's silhouette through his half -open blinds, on the phone screaming "that expletive expletive is here right now." He commend on the crimes that went on in the Edmonds courthouse, the things they did and that there were no trials. James Zachor has trials but his father James Zachor, Junior, is a murderer, a cold blooded, old school gangster, murderer. Given adequate time and his story of what happened to him, he can point to the that James Zachor, Junior was responsible for the murder of a U.S. Attorney. In 2001 U.S. Attorney Tom Wells was shot 4 times while sitting at his computer in his Queen Anne home. James Zachor, Junior had his own grandson's father murdered. To know the history of this room and what went on will empower the Council. He encouraged the Council to know what they did and not be fooled. Jim Ognisty, Edmonds, highlighted State House and Senate Bills that could have a dramatic impact on the character of the City, SB 6536 and HB 2780, related to the elimination of single family zoning across the state, similar to what Oregon has enacted. He assumed the Council was passionate above the issue and wanted to bringing the bills to their attention as they are moving quickly through the House and Senate. He was curious whether the City would take a specific stance on either bill and if so, how that would be communicated to state representatives and residents. Ken Reidy, Edmonds, said he was unable attend earlier to watch the Hearing Examiner's report so did not what know what questions the Council asked. He hoped someone asked how for the second consecutive time the Hearing Examiner's term and contract expired without putting the position out to competitive bid. The Hearing Examiner office has been problematic for the City and citizens for some time. He encouraged the City Council to do a detailed investigation into the history of the Hearing Examiner position and to involve citizens in that process and allow citizens to participate in the evaluation of that office before putting it out to bid. The Hearing Examiner has a four year term; the December 31, 2014 expiration was overlooked, 10 months later citizens made the City aware and his new term expired December 31, 2019 without going to bid. The process is to go out to bid, the Mayor makes an appointment, and the City Council confirms and a contract is entered into. He urged the Council to do a detailed look into the Hearing Examiner's office and look at Chapter 10.35 which is an absolute mess 7. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF FEBRUARY 4, 2020 2. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF FEBRUARY 11, 2020 3. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 4. INTERLOCAL COOPERATIVE AGREEMENT BETWEEN EDMONDS SCHOOL DISTRICT AND CITY OF EDMONDS FOR POLICE COVERAGE AT SCHOOL DISTRICT EVENTS Edmonds City Council Approved Minutes February 18, 2020 Page 10 5. AUTHORIZATION TO ADVERTISE CALL TO ARTISTS 6. AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH MURRAYSMITH FOR THE PHASE 8 SEWERLINE REPLACEMENT PROJECT 7. AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH THE BLUELINE GROUP FOR THE PHASE 11 WATERLINE REPLACEMENT PROJECT 8. COUNCIL COMMITTEE REPORTS 1. MONTHLY COUNCIL SUBCOMMITTEE REPORTS AND MINUTES Finance Committee Councilmember Distelhorst reported on topics the committee reviewed: • Finance Committee Orientation — information only • Preliminary December 2019 Quarterly Financial Report — future full Council 2020 Carryforward Budget Amendment Ordinance — full Council in future Parks & Public Works Committee Councilmember Paine reported on topics the committee reviewed: 1. Authorization to Advertise Call to Artists (Civic Park and library) — approved on Consent Agenda 2. Presentation of a Professional Services Agreement with The Blueline Group for the Phase 11 Waterline Replacement Project — approved on Consent Agenda 3. Presentation of a Professional Services Agreement with Murraysmith for the Phase 8 Sewerline Replacement Project — approved on Consent Agenda 4. Level 3 Communications LLC Franchise Ordinance — future Consent Agenda Public Safety, Personnel &. Planning Committee Councilmember K. Johnson reported on topics the committee reviewed: 1. Discussion Executive Assistant to Council Contract — consider extending current contract and possibly hold executive session to discuss performance. May be further discussion by Council 2. Interlocal Cooperative Agreement Between Edmonds School District and City of Edmonds for Police Coverage at School District Events — approved on Consent Agenda 3. Edmonds School District Security Camera Inter -Local Agreement — full Council 4. Field Arborist Job Description — Consent Agenda following union approval 9. PUBLIC HEARINGS 1. ORDINANCE AMENDING ECDC UNIT LOT SUBDIVISION APPLICATION PROCEDURE(AM 11701900051 Planner Mike Clugston explained staff has identified the need for a minor change to the unit lot subdivision application procedure so that a building permit would precede the unit lot division application. Applying for the unit lot subdivision after the building permit application leads to processing inefficiencies for both staff and applicant. The change will save the applicant and staff time and money. Staff recommends approval of the ordinance following the public hearing. Councilmember K. Johnson commented in the past the Council has not made a decision at the same meeting as the public hearing and has made the decision at a future meeting to allow for additional questions and comments. She asked what process the Council intended to follow. Edmonds City Council Approved Minutes February 18, 2020 Page 11 Councilmember Buckshnis said she and Councilmember Paine plan to bring that issue up as part of a study session regarding Council procedures. She recalled times in the past when the Council did not take action at the same meeting as the public hearing and other times the Council did take action following the public hearing. She agreed with Councilmember K. Johnson that the Council should take action at the meeting following a public hearing. Council President Fraley-Monillas said her research found there was nothing in writing either way. In the past there have been numerous instances where a decision follows the public hearing. Councilmembers always have the right to make a motion. It would be good to have a written policy that the Council does not take action at the same meeting as the public hearing. Councilmember Paine said she preferred the Council have time to digest the information and consider comments received via email. Development Services Director Shane Hope clarified the intent of memo was not that the Council make a decision tonight, but simply to relay that staff recommends approval. Mayor Nelson opened the public participation portion of the public hearing. Ken Reidy, Edmonds, said when it comes to subdivision application procedures, the critical part is enforcement of the laws the City Council adopts. Enforcement of application procedures for subdivisions should not be contingent upon citizens monitoring applications and ensuring they file an appeal before the 21 day LUPA period expires. Citizens do not have time to monitor subdivision applications to ensure they are complete, consistent and legal; it is mayor's job to see that all laws and ordinances are faithfully enforced. He feared the 21 day LUPA appeal period creates a problem for citizens. Whatever the Council adopts, he recommended strong enforcement of the procedures. Hearing no further comment, Mayor Nelson closed the public hearing. 2. PUBLIC HEARING ON AN ORDINANCE AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE TO ADD "HOTEL" AS A PERMITTED USE IN THE CW ZONE Planning Manager Rob Chave displayed a diagram of the zoning on the waterfront, identifying the CW (Commercial Waterfront) zone west of the railroad. The other parts of downtown allow hotels; the CW zone is the only commercial zone in the downtown area that does not. The Planning Board recommended adding hotels as a permitted use in the CW zone. He reviewed the applicable code sections: • 24.30.070 SMP Urban Mixed Use environments Urban Mixed Use I. This designation is appropriate to water -related and water -enjoyment commercial and recreational uses. Urban Mixed Use II. This designation is assigned to areas that are suitable and planned for high- intensity, water -dependent uses related to commerce, transportation, and recreation. • 24.40.040 Public access and views. 11. View Protection Regulations. a. Within the urban mixed use 1, urban mixed use II and adjacent aquatic I and aquatic II shoreline designations no building or other major structure may be located within the following required view corridors: i. Landward of the ordinary high water mark, a view corridor must be maintained across 30 percent of the average parcel width.... Mr. Chave reviewed amendment options: 1. Planning Board recommendation draft ordinance: add "hotels" to the list of permitted uses in the CW zone Edmonds City Council Approved Minutes February 18, 2020 Page 12 2. If parking is a concern, this can be substituted in the ordinance: add "Hotels that include parking at one stall for every unit" (current residential parking requirement) Mr. Chave referred to the Council packet which includes questions and answers based on previous Council discussion as well as background from Economic Development Committee (EDC) related to permitting hotels in the CW zone. Council President Fraley-Monillas referenced the two buildings that have had some level of discussion, one has plenty of parking and the other has minimal parking and adjoins City's parking. She questioned how parking would be made available if there is only so much space. Mr. Chave answered the standard parking rate is 1 space per 500 square feet of floor area; another option would be to require the language in option 2, "Hotels that include parking at one stall for every unit." If that amount of parking was not available, a hotel could not be established at that location. Another option would be "Hotels that include parking at 1 space per 500 square feet of floor area." In either option, that much parking would need to be provided to establish a hotel use. Council President Fraley-Monillas commented that prohibits current waterfront buildings. Mr. Chave answered it would depend on the existing circumstances and what property was available. Economic Development/Community Services Director Patrick Doherty said the 1 space per 500 square feet of floor area that is uniform across downtown recognizes the changes in uses that have occurred downtown over the decades. Downtown buildings have had a variety of uses in response to market demands. Having a consistent parking requirement of 1 per 500 allows the same parking for the next use. Changing the parking requirement for hotels would mean other uses could continue to provide 1 per 500. Anyone interested in developing a hotel would need to determine the size based on available parking. Council President Fraley-Monillas asked if that was the same for the Port property, noting a majority of the CW zone was on Port property. Mr. Chave answered the CW zone applies to the Port property as well; the one exception is Harbor Square which has its own unique zoning and standards. Council President Fraley-Monillas referred to the zoning diagram and inquired about the green space with a P on it. Mr. Chave answered that was zoned Public. He identified the shoreline, noting the area zoned public is basically the beach. Developing a hotel on the Edmonds waterfront would not result in inaccessible waterfront because via covenants, public ownership, etc. public access to most of the waterfront is protected. Councilmember K. Johnson said she believes zoning is an extension of the police powers as was before the U.S. Supreme Court in Euclid V. Ambler. It is the protection of the health, safety and welfare of the citizens. One factor that hasn't been discussed is noise. She did not feel it was appropriate to have a hotel renovated in an existing location because in her experience while in those buildings, conversations have to stop due to the train noise. If the City had a quite zone or adequate passage to the waterfront area, it could be reconsidered. In the meantime, she did not find renovating an existing building for a hotel appropriate. She has heard complaints about the train from people at Harbor Square. In theory, Edmonds needs more hotels and in theory the waterfront is a beautiful area but this proposal is not appropriate at this time. She was also concern with how this was communicated and transmitted directly from the EDC to the Planning Board without first coming to the City Council. Councilmember L. Johnson observed Brackett's Landing North is also colored green on the zoning map and asked why the area south of the ferry terminal was not also green. Mr. Chave answered it was never zoned that way; it is owned by the City. Edmonds City Council Approved Minutes February 18, 2020 Page 13 Councilmember Olson said the comments about parking are relevant for today including concern with overflow onto the streets and using parking that should be available for other uses. She pointed out automation will change things, as well Uber and rental cars that park away from the hotel. In the short term and for the reality of today, possibly some parking language should be added, but it was important for the Council as a legislative body to readdress that as reality changes and not as much parking is needed even if a hotel has not come to fruition. With regard to noise, that is an issue for a developer to consider in developing a hotel, and there are great noise proofing construction methods. The proposal is changing the zoning so it is an option if the right developer can make a project work. She was in favor of the proposed change. Mr. Chave commented it is difficult to predict the clientele that would be attracted to a hotel in this location. One of the factors is the proximity to rail and ferry traffic; some people seeking lodging may not even have a car. Mr. Doherty referred to uses that are currently allowed, noting there are currently no restaurants north of the fishing pier. Restaurants are currently allowed and have the highest parking demand of all the uses being discussed, whether office, hotel or residential. Any one of those building could be reused for a restaurant at any time. The concept is to add another use to the pallet of possible uses. A hotel is not an outlier from a parking perspective when compared to the current list of uses. Councilmember Paine asked if one of the buildings were rehabilitated as a hotel, do they have access to parking permits beyond their employees. Mr. Doherty said no, recalling a two unit hotel on Dayton applied for parking permits and were denied because the current language does not state hotel guests. Councilmember Paine asked if hotel employees could obtain a parking permit. Mr. Doherty did not think the Railroad & Admiral area was in the permit area. Councilmember Paine said the noise concerns are impactful but are not much different than other uses in the area. She was not entirely opposed if it was related to renovating an existing building. If a new building were proposed, she would have more concerns. Mr. Doherty pointed out most of the existing building substantially exceed today's development standards and some do not provide any view corridor. If a building were demolished to construct a new building, they would be required to provide 30% of the lot as a view corridor which potentially could be 30% less building as well as potentially a lower height. Therefore, it would be very unlikely someone would demolish a building to rebuild a hotel. Mr. Chave agreed several of the existing building exceed the height limit. A new building would have to provide a view corridor as well as likely be shorter. Councilmember Buckshnis said she was baffled; the code is messed up, there are four different definitions for hotel and motel and there are higher priorities than adding hotels to the CW zone. She cited parking issues, sound issues, public issues, potentially rezoning the entire area, and concern with hotel creep into the MP Il zone. Had the Planning Board come to the City Council first, she would have said no. She summarized the definition of hotel motel is a can of worms. Councilmember L. Johnson referred to staff's indication that restaurants have the highest parking needs, commenting in her experience hotels often have a restaurant. Mr. Doherty said the issue is there is not a lot of square footage in any of the buildings. If anyone were to determine there was a higher economic return to renovate a building for lodging, they likely would want to maximize the number of units and meet the parking requirements. He did not envision there being enough parking onsite to accommodate a restaurant other than a small bar for guests and/or a breakfast room. It would be difficult to accommodate both a hotel and restaurant with the limited parking that exists unless they were to acquire additional property within a reasonable distance. He summarized it was unlikely there would be a hotel of any size and a full service restaurant because there would not enough building space or parking. Edmonds City Council Approved Minutes February 18, 2020 Page 14 Council President Fraley-Monillas explained the building north of the newly created waterfront/senior center used to have a very large restaurant and nearly their entire first floor is parking. That building would make the most sense for development as a hotel. She was interested in hearing from citizens. She recalled the building north of the fishing pier previously had a number apartments and are now offices; that building is set up for hotel rooms. Councilmember Olson said she was interested in citizen input. As someone who has served on citizen boards, she was aware of the frustration due to the lack of action on the work and proposals those citizen boards have done. This is likely an opportunity in one building closest to the waterfront/senior center and would only happen if a developer was interested. The EDC has considered this and talked to a lot of business owners and stakeholders; this could be an economic driver for the City. The City needs more hotel rooms and are losing room nights to Lynnwood because there are inadequate accommodation in Edmonds. She urged the Council to keep an open mind and remember the citizens who volunteer their time on EDC put their time and effort into this which was good enough reason for her to look at it more closely. Mayor Nelson opened the public participation portion of the public hearing. Kimberly Koenig, Edmonds, small business owner and EDC member, spoke in support of amending the ECDC to add hotel as a permitted use in the CW zone. There are so many fantastic reasons to visit Edmonds and it makes sense to capitalize on visitors and the dollars they spend. For example, research shows that day-trippers spend $45-85/day; overnight guests spend $175+. With the development of new waterfront/senior center, it is a natural partnership to allow existing building space to become a hotel and to create a true waterfront event experience. There is an opportunity for Edmonds to have one of the only beachfront boutique hotels in the greater Seattle area. As a member of the EDC and Downtown Edmonds Merchants Association, who also supports the amendment, they see the opportunity this change could create for economic growth and ask that the Council to consider the amendment. Lee Kimmelman, Edmonds, recalled speaking with a few Councilmembers two weeks ago when this amendment was first presented. His overall opinion was the amendment would be a great idea. The concerns expressed about noise, parking, etc. will play themselves out. It will be a business decision by the person who chooses to develop a hotel. In this day and age where people provide online reviews, if noise becomes an issue, the hotel will not attract customers. It will be up to the business owner whether a hotel would be profitable. He agreed a hotel could not operate restaurant, more likely they would form relationships with existing waterfront restaurants. The location of hotel on the waterfront in close proximity to the train station is a perfect match because people can walk to the hotel. This change offers nothing but opportunity. Any redevelopment would improve the architecture profile of the waterfront. He was looking hard for a downside and the only downside he saw was the hullabaloo in previous years about safety on the waterfront. David Preston, Edmonds, agreed code issues are an important point. He noted there is already a hotel on the waterfront, the Port of Edmonds has over 5,000 overnight stays on the water in boats per year. Hearing no further testimony, Mayor Nelson closed the public hearing. Councilmember Buckshnis asked about occupancy of Harbor Inn. Mr. Doherty answered the manager's email, which arrived after the Council packet was assembled, stated 55-65% occupancy is average during non -peak times such as this time of year; in the summer occupancy is 95-100%. He summarized there are times of the year where there is a need for more rooms and other times when another hotel would be a competitor in the marketplace. 10. STUDY ITEMS 1. CITY COUNCIL COMMITTEES. STUDY SESSIONS, AND STUDY ITEMS Edmonds City Council Approved Minutes February 18, 2020 Page 15 This item was removed from the agenda via action during Agenda Item 4. 12. MAYOR'S COMMENTS Mayor Nelson advised he will be a tasting judge at the Chamber of Commerce International Clam Chowder Cookoff on Saturday, February 22. There will be ten local restaurants participating and one participant from Japan. 13. COUNCIL COMMENTS Councilmember K. Johnson announced she has reappointed Scott Merrick to the Economic Development Commission. She announced the 28"' Annual Chocolate and Wine Gala presented by Domestic Violence Services of Snohomish County on Friday, April 3' at the Tulalip Resort Casino. Councilmember L. Johnson reported the South Snohomish County Cold Weather Shelter opened last night when temperatures dropped below 34 degrees. The shelter will be open through Thursday due to projected low temperatures. It is a lifesaving service that is staffed by volunteers and they are always looking for more volunteers. She plans to volunteer tomorrow; varying length shifts are available morning and evening. More information is available at weallbelong.org. Councilmember Buckshnis reminded dogs are not allowed on Brackett's Landing beach or any Edmonds beaches except the dog park south of Marina Beach. Council President Fraley-Monillas wished Mayor Nelson luck at the Clam Chowder cookoff as she does not like clam chowder. Councilmember Distelhorst thanked everyone who participated in the Citizens Housing Commission (CHC) open house last week. The survey is open until Friday and available in multiple languages. He thanked the CHC for providing an opportunity for those for whom English may not be their first language to complete the survey. Councilmember Olson reported the Memorial Day event will be expanded this year with an invitation to people who have been touched by the art of Michael Reagan's Fallen Heroes Project. There are a lot of special events for Gold Star families who have lost loved ones to the war on terror. She invited the public to contact her via the City website or at her talk then walk at 85°C Bakery Caf6 on Hwy 99 tomorrow at 8:00 a.m. Councilmember Paine thanked everyone who came to the Housing Commission open house, coming it was very interesting and there were many perspectives. She estimated the number of attendee at 100. She was pleased with the attendance and was encouraged about having traveling open houses. Councilmember Paine reported on her Police Department ridealong, five hours with Sergeant Barker, that she found fascinating and a terrific education. She did not expect so much to be going on behind the scenes in Edmonds. 14. ADJOURN With no further business, the Council meeting was adjourned at 9:22 p.m. MIC EL NELSON, MAYOR PASSEY, CITY CLE Edmonds City Council Approved Minutes February 18, 2020 Page 16