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Cmd022520EDMONDS CITY COUNCIL MEETING APPROVED MINUTES February 20, 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 ORDER/FLAG SALUTE STAFF PRESENT Jim Lawless, Acting Police Chief Phil Williams, Public Works Director Shane Hope, Development Services Director Scott James, Finance Director Dave Turley, Assistant Finance Director Jessica Neill Hoyson, HR Director Mike Clugston, Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Nelson in the Council Chambers, 250 5" Avenue North, Edmonds. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Paine 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 K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO MOVE STUDY ITEM 10.1, SWIFT BLUE LINE EXPANSION RESOLUTION, TO ACTION ITEM 8.6. MOTION CARRIED UNANIMOUSLY. COUNCIL PRESIDENT FRALEY-MONILLAS COUNCILMEMBER MOVED, SECONDED BY BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Edmonds City Council Approved Minutes February 25, 2020 Page 1 Marlin Phelps, Marysville, said he came here after work instead of going home because the truth is important. He opined that the Prosecutor's Office are criminals. Conversely, the Public Defender's Office is amazing; Kathleen Kyle supervises 72 attorneys who all respect her. Ivy League educated attorneys like Whitney Rivera who lives in Edmonds, work for Ms. Kyle. Municipal Court Judge Linda Coburn is a student of Ms. Kyle. Meanwhile, James Zachor is the most self -unaware person he has ever seen and his father is nothing short of a gangster. What they did to Edmonds and what he has done to remedy what has occurred in the past; he stood up for the City and comes here tonight to empower the Council to do the same. All the Council has to do is ask a few very difficult questions. His wife told him her father was dead; he was married for 10 years and lived in Edmonds. His wife's real father is James Zachor, Junior. Mr. Phelps said he was maliciously prosecuted by his brother-in-law which is actually a felony. They set him up to be the fall guy in the murder of a U.S. attorney. The Council are the gatekeepers, ask questions. Caleb Nichols, Edmonds, Co -Chair, Edmonds Youth Commission (EYC), presented a statement from the Edmonds Youth Council, supporting the Security Access Agreement between the Edmonds School District and the Edmonds Police Department. Growing up in wake of Columbine, Sandy Hook, Parkland and countless other school shootings, security has never been more important for students. Agreements like these began in the wake of the Columbine shooting as a way for police officers to more quickly and effectively understand a situation. As representatives of the youth of Edmonds, the EYC fully appreciates the need for police access to live surveillance footage of schools. That is not to say they are without reservations; stories of police brutality are as common as school shootings. However, while it is uncomfortable for many students to have increased police surveillance in schools, they are comforted by the knowledge that the system will only be used in situations where students are at risk. However, the decision to use the system has been left up to officer discretion which concerned members of the EYC but the EYC agreed this policy was not the place to address that concern. The EYC recommends approval of the agreement and investing in extensive training of all officers and keeping policies about gun violence at the forefront of the conversation. 6. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO REMOVE CONSENT AGENDA ITEM 6.7, PRELIMINARY DECEMBER 2019 QUARTERLY FINANCIAL REPORT, AND ADD IT TO ITEM 9.1, DECEMBER 2019 FINANCIAL PRESENTATION. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO REMOVE CONSENT AGENDA ITEM 6.8, ADDITIONAL 5 -WEEK EXTENSION OF COUNCIL EXECUTIVE ASSISTANT CONTRACT, AND ADD IT AS ACTION ITEM 8.7. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO APPROVE THE CONSENT AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF FEBRUARY 4, 2020 2. APPROVAL OF COUNCIL SPECIAL MEETING/RETREAT MINUTES OF FEBRUARY 7, 2020 3. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF FEBRUARY 18, 2020 4. APPROVAL OF COUNCIL MEETING MINUTES OF FEBRUARY 18, 2020 Edmonds City Council Approved Minutes February 25, 2020 Page 2 5. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 6. ACKNOWLEDGEMENT OF CLAIM FOR DAMAGES REPORTS ON OUTSIDE BOARD AND COMMITTEE MEETINGS Councilmember K. Johnson reported she attended the Sno911 Board and Historic Preservation Commission (HPC) meetings. She said it was always a pleasure to working with the HPC whose members are very dedicated, knowledgeable and have a passion for preserving Edmonds' history. The HPC is working on their 2020 work program. Councilmember Olson reported on the Citizen's Housing Commission (CHC), noting it had been a very busy month for the commission and staff. Over 100 people attended the CHC's public open house on February 12th at Edmonds-Woodway High School. The CHC's regular meeting on February 13t1' included advancing the policy framework and formation of a number of subcommittees who will meet outside of full CHC meetings and proposing policy related to their specific topics in the next two months. The first CHC survey, available in several languages, was available on the City's website as well as hand -distributed.; the deadline for completing the survey was February 21. CHC meetings a be viewed on the City's website, their meetings are open to the public and there is opportunity for 3 minute audience comment on any topic related to the CHC's work. Next month's CHC meeting is March 12th in the Brackett's Room of City Hall. Councilmember Olson reported the Economic Development Commission (EDC) meeting included planning for their retreat. The objective for the retreat is to develop a list of ten ideas they are interested in pursuing. They will then solicit input from the Council and the community about which of the ten there is the will and interest in moving forward if their research finds there is positive economic impact. She invited the Council and public to provide her or the EDC members their ideas. Opportunities where environment, art and business come together and multigenerational concepts were discussed as items that may generate the most community support. The EDC also discussed the important of remaining future focused. Past EDC successes included the trolley concept adopted by Council last year and included in the budget, the ferry lanes' EnjoyEdmonds.com, and a network of resources for new businesses. Councilmember Paine reported the Port of Edmonds is operating smoothly, they are very financial sound and stable. They are working on parking issues and environmental impacts associated with the boating season. She reported on the Disability Board related to the City's approximately 25 LEOFF retirees. One person is in long term care, one person has inquired about long term care and sadly there were two deaths in the last quarter. The Board approved the purchase of a hearing aid, reviewed long term care practices, approved changes to the dental policy that increases the annual cost from $175 to $700/year and requested a policy be developed so that dentures can be considered on case-by-case basis. Council President Fraley-Monillas reported the Diversity Commission is holding a retreat next week and will be considering goals for the coming year beyond the usual film series. The Health District has been busy due to Coronavirus. The individual who was hospitalized in Snohomish County has been discharged and is free to be in public. She relayed the Health District physician's announcement that as this point, the flu is more dangerous and results in more deaths than the coronavirus. As news reports indicate, the coronavirus is spreading in other countries and efforts are underway to contain the virus. Council President Fraley-Monillas reported the Snohomish County Transportation Coalition is looking at reorganizing and adding people from the Tribes, a consumer and from other groups to the executive community. She summarized the more people the better to provide ideas regarding transportation in Snohomish County. Edmonds City Council Approved Minutes February 25, 2020 Page 3 Councilmember L. Johnson reported on the Mayor's Climate Protection Committee who will be making a presentation to the Council regarding 2019. Their last meeting included planning for the presentation, committee input on priorities and vision for the 2020 Climate Action Plan, and working on an engagement and outreach plan for the coming year. Councilmember L. Johnson reported on the Youth Commission meeting. Their current focus is climate protection and they are planning a youth -centric outreach event soon. The commission is also discussing sexual harassment in schools, rising teen depression and anxiety, school shootings and lockdowns, as well as the lack of comprehensive sex ed in schools. She reported on the Community Transit Board of Directors meeting where she is an alternative. She was impressed with the professionalism and warmth displayed at the meeting where CEO Emmett Heath spoke for several minutes without notes recognizing an employee for his long term service which she felt was a good indication of the culture. She will be doing onboarding with Community Transit this on Friday. Councilmember Distelhorst said most of his outside appointments have not held meetings yet. He attended the CHC meetings and plans to attend the Snohomish County Tomorrow Steering Committee meeting tomorrow which will include an update on Vison 2050 which is expected to be adopted later this spring, Buildable Lands Report, Countywide Planning Policy and Growth Targets, Light Rail Committees, a presentation from the Alliance for Housing Affordability, and an action item related to Regional SCT CMAQ funding priorities for six transit and transportation projects to be recommended to be recommend to PSRC for federal funding. Councilmember Buckshnis reported the Lake Ballinger Work Group (Lynnwood, Mountlake Terrace, Lake Forest and Edmonds) meeting included a history of the group, finances (they are spending more than they are collecting), and continued discussion about evasive plant removal. She reported the Creative District meeting included presentation of a logo that was developed by a subcommittee which looks great. She also attended the WRIA 8 Salmon Recovery Council (comprised of 20+ cities and other organizations) where there was a lot of new members and included review of the 2020 work plan, additions to the state legislative priorities and draft letters to the legislature, predatory animals in the ship canal, studies on light exposure from the new 520 bridge, and ways to address priority knowledge gaps. 8. ACTION ITEMS 1. EDMONDS SCHOOL DISTRICT SECURITY CAMERA INTER -LOCAL AGREEMENT Acting Chief Jim Lawless reported this agreement was originally approved by Council in September 2019. Once it was sent to the Edmonds School District, the District realized some procedural steps had been overlooked and they made some modifications to the agreement. He determined the modifications were substantial enough to bring to the Council for re -approval. The agreement would allow the Police Department during an emergent situation to have real time access to live video feeds within the school. The agreement was presented to the Public Safety, Personnel and Planning Committee (PSPP) who recommended forwarding it to full Council. The original agreement approved in September 2019 as well as the revised agreement are contained in the packet. He was invited to the Youth Commission last week and was very impressed with their thoughtful and engaging questions. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE SECURITY ACCESS AGREEMENT BETWEEN EDMONDS SCHOOL DISTRICT AND THE EDMONDS POLICE DEPARTMENT. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, AMEND ADD A LINE UNDER II PURPOSE, "SCOPE. DIRECT ACCESS PROVIDES LIVE FEED CAMERA ACCESS TO THE EPD OF SCHOOLS DURING EMERGENCY INCIDENTS FOR Edmonds City Council Approved Minutes February 25, 2020 Page 4 QUICKER AND SAFER RESPONSE BY EMERGENCY PERSONNEL. THESE EMERGENCIES INCLUDE ACTIVE SHOOTER DRILLS, A THREAT OF ACTIVE SHOOTER, ARMED SUSPECTS ON THE PREMISES, BOMB THREATS, FIRE, NATURAL OR MANMADE DISASTERS, HOSTAGE SITUATIONS, THREATS TO PERSONS OR PROPERTY, OR ANY LIFE THREATENING SITUATION DEEMED TO BE EMERGENT AND THE USE OF THE SYSTEM WOULD PREVENT OR LIMIT LOSS OF LIFE." AND ADD UNDER PROTOCOL, "ALL SAFEGUARDS WILL BE ESTABLISHED AND FOLLOWED TO PROTECT THE PRIVACY OF ALL PARTICIPATING SCHOOLS AND THE STAFF AND STUDENTS THEREIN." Council President Fraley-Monillas asked the source of that language. Councilmember L. Johnson answered it was from Spokane Valley Sheriff's Department. Councilmember L. Johnson explained direct live access camera and access by law enforcement is one of the recommendations from the Parkland Report that studied the Marjory Stoneman Douglas shooting. As a parent, she wanted to know that everything was being done to protect students while they are at school. She was thankful to Deputy Director Parks & Recreation Burley, the Youth Commission and Acting Chief Lawless for including this item for discussion at the recent Youth Commission meeting. It is uncomfortable to be asked to agree to additional surveillance and loss of privacy when students already take on so much more than they should. The Youth Commission shared in their statement that this is the reality they face and they support the agreement. She supported the agreement with the amendments she proposed. After three weeks of studying the agreement and talking with a number of people, the number one question is what is a tactical emergency. Chief Lawless described that to her and shared it with the Youth Commission. The public deserves inclusion of the same definition in the agreement. She proposed defining that in the agreement as well as adding a line regarding safeguard and security. As a former school board member, Councilmember Paine recalled when cameras were added to buses and elsewhere, a decision that also considered privacy. It is a different era now and she supported the additional language Councilmember L. Johnson proposed to add clarity and a layer of privacy. Councilmember K. Johnson relayed this was discussed in the PSPP Committee. She was okay with the definition of emergency incident as long as it was agreed to by the District and the Police Department. She did not want to interject language from Spokane to define Edmonds' issues. She preferred to leave it to the District and Police Department to define what is an emergency. She recalled discussion that the live feed video would not be used for bomb threats, fires or natural disasters and invited Chief Lawless' input. Chief Lawless said all the language in the document as it currently exists is the District's language that the Council agreed to after review by legal. He had no issue with adding clarity and further definition, but he personally would rather be more restrictive than the recommended language. Chief Lawless explained access to the video is only intended to be in emergent, tactical situations. It is not intended to be for an officer to monitor the live feed for minor situations in the school. For example, if there were a fight between students, the intent is not for officers to respond and watch the live feed. The intent is to give officers immediate feedback on an immediate situation akin to an active shooter situation to address the threat as quickly and safely as possible to minimize the potential loss of life to everyone involved. For a bomb threat, it may or may not be used depending on the information available and certain parameters related to how the Police Department responds to those situations; active shooter situations yes, a natural disaster, probably not. Chief Lawless explained the intent is to maintain privacy and security for students. The agreement contains language related to the federal Family Educational Rights and Privacy Act (FERPA) regarding who retains the videos and how they would be released to the Police Department which is at the discretion of the school. The agreement has been approved and signed by District so procedurally, the additional of any language Edmonds City Council Approved Minutes February 25, 2020 Page 5 will be reviewed by legal, sent back to the District and the review and approval process by the District would begin again. Councilmember K. Johnson referred to the proposed additional sentence, "All safeguards will be established and followed to protect the privacy of all participating schools and the staff and students therein." Although she understood the sentiment, she questioned what it meant and how it would be achieved. Chief Lawless said the safeguards would be the policies and procedures that are in place related to legal requirements for records retention and release. The Police Department's ability to have the records is limited and controlled by the District who also operates under FERPA and state guidelines as they relate to records retention. Anything related to juveniles has multiple levels as it relates to public records retention ad release. Is someone requested the video, District would probably have to pixelate every juvenile's face in the video as required by law. City Attorney Jeff Taraday said his understanding is in general the video surveillance footage will remain in the possession of District. There is a provision in the agreement that allows the City to request footage. In the event the City were to request footage and be given direct access/possession of video footage, the City's ability to keep it confidential and privacy is limited by applicable law. Were a request made of the City for the video, the City would, as has been in other situations where privacy is a concern, notify the affected persons to inform the City may have to reveal the information and if they do not want that done, to seek an injunction. That happened recently in another situation. He was not able to speak about all the juvenile privacy laws. With regard to the question about the purpose of access, Mr. Taraday referred to existing language in Section c. EPD Duties, Authorized Access, "...any access to the System must be in furtherance of ensuring safety and emergency response of police personnel in the event of an emergency. Any use of the System for other purposes must have prior, written authorization of the District." The agreement contemplates the possibility that access to the system could be used for other purposes. While not the primary purpose of the agreement, it does not preclude use for other purposes and puts it in District's court to determine whether to grant use for other purposes. To Mr. Taraday's point, Chief Lawless said the access the agreement grants to the system is only the live feed, not any of the recorded video data generated by their system without a specific request and it is solely up to the District whether to release the video. The District has a 14 day period before their system overrides video and 3 days' notice is required; if the Police Department does not realize until day 12, the video may/may not be available depending on their ability to recover the video and release it to the Police Department. The crux of the agreement is the live time feed video that is already accessible to everyone within the school and the district. The agreement would allow the Police Department access remotely. Currently an officer could go to the dean's office and view life feed; the agreement would also officers on scene or when approaching to log into the account via MDC's in police cars to view the cameras and respond appropriately to the situation. Every time that occurs, the agreement requires it be logged by the officer who accesses it with the date, time and reason. The records retention part is secondary to the actual intent of the agreement; strictly for reviewing live feed data from a remote access point. Councilmember K. Johnson said this agreement is very important. It began in September 2019 and six months has elapsed. She did not have any major problems with the agreement and although there were concerns, she was uncertain it was necessary to go through another formal process over those two concerns. She expressed support for the main motion to approve the agreement. Council President Fraley-Monillas expressed support for the amendment. The only thing the amendment does is define emergency for access. She suggested adding "but not limited to," recognizing there could be something else that requires access. She had no concern with routing the agreement back through the Edmonds City Council Approved Minutes February 25, 2020 Page 6 District as she preferred to do it right the first time. Chief Lawless agreed with doing it right the first time and appreciated the Council's input. Councilmember Buckshnis observed if the Council approved the amendment, the agreement would need to go through the District's process again. She asked Chief Lawless' preference regarding amending the agreement. Chief Lawless said if it is the Council's will to approve the agreement with the amended language, he would resubmit the amended agreement to the District and go through their process. Councilmember Buckshnis asked about the Memorandum of Understanding (MOU). Chief Lawless explained the document the Council approved in September was an MOU. When the District received the MOU, they realized they missed steps in their process and responded with the Security Access Agreement. The Security Access Agreement replaced the MOU. He included both in the packet for comparison Councilmember L. Johnson welcomed the Edmonds Police Department providing their definition of tactical emergency and to include it in the agreement versus the definition she borrowed from Spokane. Chief Lawless offered to communicate with Councilmember L. Johnson and bring the agreement to PSPP or full Council. COUNCILMEMBER L. JOHNSON WITHDREW THE AMENDMENT WITH THE AGREEMENT OF THE SECOND. 2. ORDINANCE AMENDING ECDC UNIT LOT SUBDIVISION APPLICATION PROCEDURE (AM D20190005) Planner Mike Clugston explained this is the third time this item has been presented to Council, including a public hearing last week. He was present to answer Council questions. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO APPROVE ORDINANCE NO. 4173, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 20.75.045 TO CHANGE THE PROCESS FOR UNIT LOT SUBDIVISIONS. MOTION CARRIED UNANIMOUSLY. 3. AWC WORKERS' COMPENSATION RETRO PROGRAM HR Director Jessica Neill Hoyson explained AWC's timing has changed slightly and there is more time to make a decision although the timing of the HR employee going on maternity leave has not changed. She explained since she started at Edmonds, she began looking at the HR processes and functions to determine where adjustment could be made that benefited the City and the employees. One of those areas is Workers' Comp Management which includes both safety program and how claims are processed as well as follow up with L&I. Currently the City does not have a third party administrator for Workers' Comp; all the claims are processed inhouse. Staff receives Workers' Comp claims for injured employees, does the initial review and informs L&I if it is an accurate representation of what happened or if the City wants to challenge the claim. HR staff are not specialists in processing in processing Workers' Comp claims. Edmonds has a high experience factor which causes Edmonds to pay more for Workers' Comp insurance over time. Ms. Neill Hoyson explained the request is to enroll in AWC's Safety and Workers' Compensation Retro Plan which will increase internal safety initiatives as well as provide specialized assistance in process Workers' Comp claims. It is an outlay of funds in the beginning, a premium to AWC with the intent of reducing the City's experience factor over time to decease the additional funds paid to L&I for those claims. She assured there are other areas she has reviewed that will result in cost savings. HR is not revenue center Edmonds City Council Approved Minutes February 25, 2020 Page 7 but they continually look for savings for the City. She highlighted two changes that saved the City approximately $8,000. Brian Bishop, AWC, Workers' Comp Retro Program Manager, described his background, working for a national third party administrator and other private organizations and coming to AWC in 2013 when AWC brought the program in-house. He reviewed AWC's Workers' Comp Retro: • Mission: Every Employee I Home Safe I Every Night • Vision & Goals o We are the premier workers' compensation program in the State of Washington o We achieve the highest standards for comprehensive employee safety programs o We provide financial stability and exceptional stewardship of public resources • Membership today o AWC Workers' Comp Retro Program ■ 125 members o AWC Retro Pool ■ 55 Cities and Towns ■ 8 Counties * 2 Special Purpose Districts o Safety Alliance ■ 51 Cities and Towns ■ 5 Counties ■ 4 Special Purpose Districts • Workers' Comp Retro Program is a retrospective rating program, an optional incentive program provided by Washington State Department of Labor & Industries. Cities can choose to participate or not. • In 2014, at the request of cities, AWC formed a Retro Group with 64 cities and $4M in premiums (grown to 125 members and $19B in premiums today) • How a retrospective rating program works o Retro rating timeline January 2017 January 2018 1. January 2019 ➢ November 2019 —1" Adjustment for Retro Year 2018 2. January 2020 ➢ November 2020 — 2nd Adjustment for Retro Year 2018 3. January 2021 ➢ November 2021 — 3`d Adjustment (final adjustment) for Retro Year 2018 o L&I's voluntary incentive program to encourage workplace safety o "Retro Year" - lasts 12 months o Each "Retro Year" has 3 adjustments (look -backs) o L&I evaluates each Pool's premiums and claims costs to determine a refund or assessment..... o If Edmonds was in 2016 Retro Pool • 2016 Premiums = $403,626 • Retro Pool Claim Costs = $184,986 ■ Loss Ratio = 46% ■ Break -Even Pool LR = 71 % ■ Base Refund = $4,583 ■ Performance Refund = $29,262 Total Refund = $33,845 • It's all about service... o Safety & Compliance Edmonds City Council Approved Minutes February 25, 2020 Page 8 ■ Training ■ Onsite safety audits ■ WorkSafe Employer o Claim Management ■ Claim resolution ■ Transitional work/light duty ■ Protests and appeals • Communication and Outreach o Claims Management ■ Injured worker contact - Disability management - Return to work/transitional work • Stay at Work - Best practices - Reimbursement $ o Safety trainings ■ On-site training ■ Web conference series ■ Regional trainings ■ Regional workshops Individual Performance Report o 2019 Claim data Cost Type 2019 Claims YTD Claims % Of Target Funds Stay at work Reimb. Should Not Exceed Costs Used Claim Costs $36,690 $8,673 23.6% Developed claim costs $77,049 $18,213 23.64% ■ Claim costs benchmark set using 70% loss ratio ■ Loss ratio=premium : developed claims costs ■ 70% loss ratio will reduce premiums for all members ■ Developed claim costs should not exceed 70% of your standard premium o Stay at Work (SAW) ■ Stay at Work Utilization and Reimbursement Year Stay at Work Claims Time Loss Claims Stay at work Reimb. % Claims with Reimb. 2015 3 4 $6,411.18 75.0% 2016 6 7 $25,393,61 85.7% 2017 12 12 $39,442.84 100.0% 2018 11 11 $55,104.00 100.0% Total 32 34 $125,351.63 94.1% ■ Target is at least 35% ■ SAW reimbursements and time loss claims o Lag Report ■ Intermediate goal is 5 calendar days ■ Ultimate AWC Retro goal is 2 days ■ AWC Retro Pool average last year was 24 days ■ AWC Retro Pool average today is 13 days ■ Edmonds' average lag in reporting claims is 8.6 days — this is 63.7% less than the pool average ■ Ways to report to AWC Retro — Email incident report — Automated process Edmonds City Council Approved Minutes February 25, 2020 Page 9 - RiskConsole entry - Complete the AWC AOI o 2019 Premium Projection ■ 2019 Projected Premiums calculated using: - Individual employer rates and EF of projected year - Reported worker hours of prior year Experience factor is calculated using costs of claims compared with worker hours ■ 2019 experience factor uses claims with dates of Injury 7/1/2014 - 6/30/2017 ■ Focus on the difference of premiums compared to 1.0 EF ■ Premium projection and experience factors - Edmonds projected premium for 2019: $136,374 - Experience factor of 0.739 reduces projected premium by $48,165 The WorkSafe Employer Award o Recognizing those organization who are creating and maintaining a culture and system of safety that protects all their employees. 2020 Proposed Premium Projection o Service fee to AWC Retro: $26,971 Council President Fraley-Monillas said she had a very long career with the State of Washington and worked with L&I investigating and processing claims. Observing that light duty seemed to be the biggest bang for the buck, she asked if light duty was mandatory. Mr. Bishop answered light duty was voluntary. Council President Fraley-Monillas asked if that decision was made by the physician, employee and L&I or by the employee and AWC. Mr. Bishop answered it starts with the physician who completes an activity prescription form that establishes levels of work. AWC uses those restrictions to create a light duty job description which is sent to the doctor for approval. Council President Fraley-Monillas asked if a high percentage of injuries result in light duty. Mr. Bishop answered yes; 10% of the claims make up 90% of the costs. The other 90% of the claims go very smoothly and include light duty, return to work, modified/transitional work, etc. The other 10% represent larger injuries or a doctor that is not willing to release the employee to any light duty. AWC also has vocational rehab counselors who talk with physicians. Council President Fraley-Monillas reiterated light duty appeared to be the biggest bang for the buck. Ms. Neill Hoyson agreed with the importance of a robust and actively managed light duty process as well as reducing time loss claims. The physician analyzes the light duty job description and the City, as the employer, determines where to fit that person into light duty, potentially even in another department. Council President Fraley-Monillas asked who investigates the cause of injuries to ensure it does not happen again. Mr. Bishop said that is done via the work site. AWC works with safety committees to educate them how to conduct investigations to identify hazards and mitigations. Ms. Neill Hoyson commented half of the new Safety & Disaster Coordinator's time is internal safety and half is external emergency management. AWC provides additional support for that position working on internal safety protocols and investigating accidents to prevent future occurrences. Council President Fraley-Monillas said the goals is also to ensure staff stay safe and healthy. Councilmember Buckshnis was impressed the City's claim frequency and severity have gone down. She asked if that had anything to do with the City's aging workforce or are people understanding safety better. Ms. Neill Hoyson said she would like to say it was due to a better safety culture. She pointed out injuries occur no matter the age. Edmonds City Council Approved Minutes February 25, 2020 Page 10 Councilmember Paine expressed interest in everyone knowing how and feeling free to report safety incidents and that the City was addressing near misses. She asked the current cost compared to the payment to AWC. Ms. Neill Hoyson explained currently the premium costs are paid to L&I by both the City and the employee. The additional cost of $26,971 would be to AWC for the Workers' Comp Retro program for the remainder of 2020. There would be a premium assessment for AWC every year (based on 6% of the premiums paid to L&I) so the better the City performs, the lower the premiums are to L&I and to AWC. Mr. Bishop pointed out the potential for refunds depending on the City's performance. Councilmember Paine asked if there was a catalog of light duty opportunities and whether union contracts preclude employees working in different departments. Ms. Neill Hoyson answered the City does not have a catalog of light duty; she has been talking with her staff and other departments about creating one. Unions are a consideration and sometimes it is possible to get an agreement from the union for light duty because it is a temporary placement. Councilmember Paine commented getting people back to work as quickly as possible is best because they stay engaged, maintain relationships with co-workers, etc. She asked how AWC was involved in pain management for a serious injury including state guidelines for opioid management. Mr. Bishop responded L&I Medical Director Franklin is leading the nation in opioid management. AWC's involvement with long term injuries would be to ensure L&I claim managers are working within best practices and AWC has additional resources they can contract with internally like vocational rehab counselors to work with medical doctors. Councilmember Paine asked if there is a list of safety standards that everyone knows about and follows. Ms. Neill Hoyson said the addition of the Safety & Disaster Coordinator position has been impactful; he has been able to do evaluative processes about the baseline, be proactive in existing safety committees and developing new safety committee, and ensuring everyone is aware of safety guidelines for their work area. Councilmember Paine suggested showing where the City is as it relates to safety. Student Rep Bauder commented it obviously was good to get employees back to full health and back to work as soon as possible. He asked how employees with mental health issues or addiction problems are addressed. Ms. Neill Hoyson answered HR relies on medical professionals to provide diagnoses and recommendations regarding what the employee is allowed to do. The City has policies in place related to mental health or addiction to allow employees time to address those types of issues and it also covered under ADA and FMLA. The City ensures the employee has access to all their legally required time to address those issues and directs them to the systems they need so they can return to work. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE EDMONDS BECOMING A MEMBER OF THE AWC WORKERS' COMP RETRO PROGRAM AT A COST OF $26,971 THROUGH THE END OF THIS YEAR. Councilmember K. Johnson Edmonds recalled the City recently settled a Workers' Comp issue related to fragrance. She asked how an ADA type issue such as fragrance would have been handled if the City hadn't been sued. Ms. Neill Hoyson answered that was an ADA accommodation, not Workers' Comp. MOTION CARRIED UNANIMOUSLY. 4. PARKS DIRECTOR CONFIRMATION OF APPOINTMENT Mayor Nelson explained he was seeking Council confirmation of his appointment of Angela Feser as Director of Parks, Recreation and Cultural Services. She is the best candidate for the job and brings a wealth of experience in parks and recreation. She is currently the Parks Director for the City of Sammamish and has served in park positions in other cities throughout her career including as a parks planner, parks Edmonds City Council Approved Minutes February 25, 2020 Page 11 manager, and recreations supervisor. She currently manages 14 parks covering 632 acres, 18 miles of trails, maintenance and operation of 32 city facilities, an operating budget of $7.1 million, capital parks improvement plan of over $41 million, serves on the Washington State Recreation Conservation Office Park Grant Evaluation Team and the Washington Parks & Recreation Association Legislative Committee. She has also completed numerous ultramarathons and Ironman triathlons, which makes her well suited for some of the City's marathon council meetings. Mayor Nelson anticipated a lot of positive change coming to the City's parks under Ms. Feser's watch including tackling important projects already underway, acquiring more land to expand the city's park system, offering accessible parks for children of all abilities, and parks conservation projects including new habitat restoration efforts. He summarized Ms. Feser was the type of candidate who will hit the ground running and he was proud to recommend her. Mayor Nelson referred to interest from the community regarding the Parks & Recreation Director's salary, pointing out the City has already saved a significant amount ($94,450) due to the vacancy in this position for nine months which will offset the proposed 3% annual increase and the one-time relocation expense. Councilmember Distelhorst inquired about the relocation expense and asked if that was tied to moving within the city limits of Edmonds or was it a general relocation expense. Ms. Neill Hoyson answered it was not tied to moving within the city limits; that is not a requirement for any director position. Councilmember Buckshnis asked if providing funds for relocation was common. Ms. Neill Hoyson answered providing funds for relocation is fairly common particularly for high level positions but it was not something Edmonds has done in the past. She agreed Ms. Feser was wonderful. Councilmember K. Johnson was very happy to hear that Mayor Nelson made an offer to Ms. Feser although she had some concerns. The City's policy is to offer mid-level salaries so the Mayor can offer at Step 3 and his request is for City Council approve at Step 7. In addition, Mayor Nelson is asking for a retroactive 3% COLA increase so whatever COLA is approved in 2021 would be applied now. She was concerned with both those issues from an equity and fairness standpoint, however, she would be willing to increase the relocation expense to cover that amount. The total compensation would be same but she was concerned with starting a director at a salary higher than the other directors. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO APPROVE CONFIRMATION OF ANGELA FESER AS PROPOSED BY MAYOR NELSON. MOTION CARRIED UNANIMOUSLY. Ms. Neill Hoyson relayed the City attorney discovered if the salary is above the established range, an ordinance needs to be prepared to address it. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE ANGELA FESER'S CONTRACT. Councilmember Buckshnis asked for clarification about Ms. Feser's salary. Ms. Neill Hoyson answered Ms. Feser will be 3% above the top step because it anticipated a 3% COLA would be requested for Non - Represented (NR) employees for next year; the intent was to front Ms. Feser that 3%. If the Council does not approve a 3% COLA, she would remain at the frozen rate until the top step of the range catches up. Councilmember Buckshnis recalled plans to analyze the NR policy. Ms. Neill Hoyson said the Council requested a NR comp study be done this year. The intent is for that process to be completed in time for Council review and inclusion in the 2021 budget. MOTION CARRIED (6-1), COUNCILMEMBER K. JOHNSON VOTING NO. Edmonds City Council Approved Minutes February 25, 2020 Page 12 5. 2020 CARRYFORWARD BUDGET AMENDMENT ORDINANCE Finance Director Scott James reviewed: • The 2020 carryforward budget amendment is for items not completed in 2019 46 carryforward requests • All items were previously approved by City Council 0 Carryforward budget amendment will roll the unexpended 2019 budget into the 2020 budget a Correction to carryforward amendment to ensure completion of the design for the carbon recovery project (page 277 of the packet). Adds expense part of transfer that was inadvertently omitted. • Summary o Beginning fund balance increases by $5,437,671 o Revenues increase by $1,668,200 o Expenses increase by $7,105,871 o Ending fund balance remains unchanged • Administration recommends Council approve the 2020 Carryforward Budget Amendment COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO APPROVE ORDINANCE NO. 4174, APPROVING THE 2020 CARRYFORWARD BUDGET AMENDMENTS AS PRESENTED AT THE CITY COUNCIL MEETING ON FEBRUARY 25, 2020. Councilmember Buckshnis referred to the $230,000 IT project (Item 42) and asked if that impacted IT expenditures in 2019. Mr. James answered yes, two major projects, conversion to Office 365 and City website update, were delayed because staff was working on another project. Councilmember Buckshnis said she wished there were not so many carryforwards but commended staff for compiling the carryforward amendments. Councilmember K. Johnson referred to Mr. James' statement that all the items were approved last year and asked, due to the change in Council, whether any of the amendments could be revisited. Mr. James answered yes, but some projects may already be underway. Councilmember K. Johnson referred to Item 15, Informational Panel at the Salish Crossing. She recalled the previous Council approved that 4-3; this Council may not support the project at the same level. She relayed the HPC asked what action could be taken in the future so that they have authority over the approval of historic informational panels. The HPC does not feel this informational panel was appropriate and wants to prevent it from happening in the future. She asked whether the carryforward amendments could be approved with the exception of this amendment and that project be returned to Council for future discussion. Mr. James answered yes. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO AMEND THE MOTION TO EXCLUDE THIS PROJECT (ITEM 15, INFORMATIONAL PANEL $4,000). Councilmember Olson recalled when attending meetings as a candidate, this was not something she wanted to spend taxpayers' money on and she would like to delete it from the amendments if work has not yet begun. Mr. James was uncertain whether work had begun. AMENDMENT CARRIED (6-1), COUNCILMEMBER BUCKSHNIS VOTING NO. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. SWIFT BLUE LINE EXPANSION RESOLUTION. Edmonds City Council Approved Minutes February 25, 2020 Page 13 Councilmember Distelhorst advised he is employed by Community Transit and has worked on the Swift Blue Line expansion project. If the Council takes a vote, he will abstain; however, unless there is objection, he would like to participate in a factual discussion based on publicly available information. Councilmember K. Johnson explained she was asking the Council to consider taking action regarding Community Transit's proposed extension of the Swift Bus Rapid Transit (BRT) service. BRT is an easily accessible bus service that is characterized by frequent, specialized vehicles, roll in bicycle access, pre-paid ticket payment and stations. Swift is the name of the BRT line in Snohomish County created a decade ago. The northern terminus is at the Everett train and bus station and the southern terminus is at Aurora Village. Community Transit has proposed extension of the Swift line south two miles through Shoreline to the new light rail station at 185"Street. Councilmember K. Johnson recalled last Thursday, the Council received a newsletter that described the extension and offered the public three choices for routes. All three alternatives would replace the current transit center at Aurora Village. One of the alternatives would provide access to the Shoreline Park & Ride on Highway 99. In the future the 185"' location will be the new transit center. Community Transit intends to provide this new service by 2024. Councilmember K. Johnson said she brought this to Council for consideration and action tonight because comments are due tomorrow, Wednesday February 26". Under normal circumstances there would have more time for discussion either in committee or at the full Council. She appreciate Council's willingness to consider this as an action item tonight. The City has advocated for the extension of BRT or more frequent service on SR 104 for over a decade beginning when the initial project was proposed. The Edmonds Citizens Transportation Committee supported extending the Swift BRT line to the regional transportation center in Edmonds. Each update of the transportation element of the Comprehensive Plan has supported connecting multimodal transportation with BRT along SR 104. Councilmember K. Johnson explained she has extensive education and experience as a transportation professional. However, has very limited data to make an analysis. The City Council has the opportunity and responsibility to advocate for the best transit service for people traveling to and from Edmonds by bus. Everyone on the Council has the expertise of their personal experience and observations so she was asking the Council to consider a policy direction. Councilmember K. Johnson referred to the resolution she drafted for the Council's consideration tonight. The resolution is strongly worded to make a very clear statement. She said the best outcome would be to pump the brakes on the Swift extension and begin a more comprehensive discussion. Council President Fraley-Monillas said she asked a Community Transit representative to tonight's meeting to answer questions. She has a number of concerns with the resolution and asked for clarity regarding the SR 104 route and how Community Transit plans to get people from the train station and ferries to the Mountlake Terrace transit center. Christopher Silveira, BRT Program Manager, Community Transit, said Community Transit has committed to 15 minute bus service from the Edmonds ferry terminal to Mountlake Terrace in 2024, the same timeline as the Blue Line expansion. The 2024 timeline is built around Sound Transit Link light rail extension north; Mountlake Terrace and 185"" light rail stations will open in 2024. The Orange line is being built to accommodate light rail at Lynnwood. Council President Fraley-Monillas asked the what difference between a Swift bus and a rapid transit bus. Mr. Silveira answered Swift is Community Transit's rapid transit. The difference between a Swift vehicle and local service is the Swift vehicle is 60' feet versus 40', has an articulated joint in the middle, it is Edmonds City Council Approved Minutes February 25, 2020 Page 14 branded with the bird on side, and has onboard bike racks so riders can roll bikes directly on board. With typical 40' local buses, bike riders utilize the bike rack on the front of vehicle. Options for serving the Edmonds ferry also include double -tall vehicles between Mountlake Terrace and Edmonds. Council President Fraley-Monillas asked why Community Transit did chose not to put Swift BRT down SR 104. Mr. Silveira answered the goal with the Swift Blue Line is get to Link light rail and SR 104 to downtown Edmonds does not accomplish that. Community Transit is trying to do what is in the best interest of their customers who are trying to reach Seattle as that will generate the most ridership; they expect 1500- 2000 riders on Blue Line as a result of this extension. That level of activity is not something that is available elsewhere. Community Transit feels providing 15 minute service on SR 104 is the more appropriate service to link Edmonds with Link light rail. Council President Fraley-Monillas referred to a rumor that Swift BRT requires a separate lane. Mr. Silveira said Community Transit prefers to have Business Access and Transit (BAT) lanes like those on Highway 99, a lane from which automobiles can turn right but cannot go through intersections. BAT lanes help the reliability of bus service but they are not a requirement and BAT lanes do not exist everywhere there is Swift. Council President Fraley-Monillas clarified the lack of BAT lanes on SR 104 was not why Community Transit did not choose SR 104. Mr. Silveira agreed that was not the reason SR 104 was not chosen. Councilmember Buckshnis referred to the map of the service area that states Swift BRT is 10 minute frequency, but the proposal for SR 104 is 15 minute high frequency, a difference of 5 minutes. Mr. Silveira agreed, explaining industry standard for wait time is frequency divided by 2 so the average wait time would be 7'/z minutes compared to 5 minutes for Swift. He summarized it is not a large difference; across the country the standard for high frequency, although it varies by region, is 15 minutes which has the expectation that a schedule is unnecessary. Councilmember Buckshnis asked if Swift buses have more limited stops compared to high frequency. Mr. Silveira answered the high frequency service would be a local service that would stop every 2-3 blocks versus Swift where stops area are every 3/4 - 1 mile. Councilmember Paine said she has been a long time bus rider back to her early childhood. When she worked in downtown Seattle, she took the 416 that stopped at every bus stop. She understood that would change once there is light rail along the I-5 corridor with local routes to that spine. Mr. Silveira said commuter services are proposed to stop at Northgate in 2021 and in Lynnwood in 2024. The idea is by reducing the amount of hours on the freeway to reach downtown Seattle, those service hours will be relocated to local service which allow them to provide high frequency service from Edmonds to Mountlake Terrace. Councilmember Paine said her interest is superb local bus service for people who do not have cars and to provide access for people who work in Edmonds. She asked if that would begin in the next five years. Mr. Silveira said a lot of changes will occur in 2024 associated with the Link light rail extension as travel pattern in the region change. That includes rebuilding the transit network in South Snohomish County to accommodate Link light rail to ensure getting the best bang for Community Transit and Sound Transit's investments and the best value for Snohomish County residents via better and more frequent all day local service versus rush hour services only. Councilmember Paine commented in her experience there seems to be a barrier along the county line and asked if there would be better access from North King County into Snohomish County. Mr. Silveira said the Blue Line extension will push Community Transit further into King County because that extension is what is best for the Public Transit Benefit Area (PTBA), Snohomish County residents and workers. It is not a matter of the 185"' Street station being in King County but what is best for the riding public. Edmonds City Council Approved Minutes February 25, 2020 Page 15 Councilmember Olson questioned the assumption that everyone wants to go into Seattle and suggested some may want to come to Edmonds. Mr. Silveira said there is a much larger job market in Seattle which drives overall macro travel decisions. It is not a judgment call, the data says the travel demand is mostly toward Seattle. Councilmember Olson asked if the Blue Line extension would add service during non - commute hours. Mr. Silveira answered yes. Council President Fraley-Monillas asked if a study had been done on the frequency of need for transportation from downtown Edmonds to the Mountlake Terrace station. She recognized the ferry and the train are busy in the morning and evening and asked what happens the rest of the day. Mr. Silveira answered Community Transit would still provide service so there is access between downtown Edmonds and Link light rail which will operate all day. That service will allow people to go back and forth without worrying that they can only do so during peak hours. It will provide people more comfort and freedom to go without a car. For example, he rides Community Transit and currently there are only eight trips/day to their offices so he has to be very conscious of ensuring he leave his office by 6 as that is the last bus. All day service until 9 or 10 p.m. allows people to make decisions based on life instead of the transit schedule. Council President Fraley-Monillas observed the 15 minute local bus service in 2024 will deliver riders to the Link light rail. Mr. Silveira explained Link light rail is the spine of an overarching public transit system and local routes will feed that spine to ensure the most efficient movement of people because Link light rail can move more people very reliably. Swift currently runs on 20 minute intervals on the weekends; 15 minutes is the threshold for high frequency. Councilmember Buckshnis relayed her understanding Swift is a bigger bus and the high frequency is a normal bus. Mr. Silveira agreed the high frequency local service would be a 40' bus. Councilmember Buckshnis observed the Blue Line will end at 185t1, but there will be 15 minute high frequency to the Edmonds waterfront. She had planned to support the resolution but the City's Comprehensive Plan speaks to BRT or other high frequency transit service on SR 104. Councilmember K. Johnson said she was not informed that a Community Transit representative would be present and she was disappointed the discussion was highjacked as she has a very different point of view. When the Comprehensive Plan policy was created, there were no Orange or Green lines anticipated, there was only the Blue Line which was the basis for the policy. There is a proposed connection from downtown Edmonds up SR 104 through Esperance on 238t1' and through Mountlake Terrace to the Mountlake Terrace Park & Ride, but that would not provide the same function as connecting the Swift line to downtown Edmonds. If a person wanted to go from downtown Edmonds to the neighbor care center, it would require a transfer and waiting for one bus for 15 minutes and waiting for another for 10 minutes so theoretically a rider could wait 25 minutes trying to make a transfer. Anytime a transfer is required, the time for the rider is nearly doubled, making the trip twice as hard. Councilmember K. Johnson said she asked the City's Economic Development Director whether a connection between downtown Edmonds to Highway 99 would be beneficial to the overall economic development of Edmonds. Highway 99 and SR 104 are the City's two main commercial cores and include five groceries stores, five pharmacies, the hospital, health center, over 50 restaurants and innumerable businesses and jobs. She understood Sound Transit's theory was to create a spine and Community Transit wants to make connections to that spine but she was not interested in supporting travel to Seattle. Edmonds has other needs including a robust transportation system that is not dependent on transfers. Council President Fraley-Monillas asked whether the bus from the Edmonds ferry would go to Highway 99 and riders wanting to go north or south could transfer to Swift at Highway 99. Mr. Silveira said because this is a 2024 route, the stops are not expressly defined. It is feasible that bus could be an express so it does not stop at Highway 99 but continues on SR 104 or it could go to Aurora Village. Those options have not Edmonds City Council Approved Minutes February 25, 2020 Page 16 been determined. Council President Fraley-Monillas observed the bus from the ferry might stop at Highway 99 to connect to Swift but would then continue to the Mountlake Terrace transit station, meaning no transfer would be required to reach the transit station. A transfer would be required to go north or south on Highway 99. Mr. Silveira said this will not be the only route serving downtown Edmond; there is another route on 196" for example. The goal of the 2024 network is not one service to get people to/from Mountlake Terrace Link light rail but ensuring there is appropriate coverage to better serve Edmonds residents. Council President Fraley-Monillas asked if there would be a Swift bus on 196th. Mr. Silveira answered no, that would be a local route. Council President Fraley-Monillas said Community Transit will provide a full report to the Council next month. Councilmember K. Johnson read the resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, OPPOSING ALL OF COMMUNITY TRANSIT'S SWIFT BLUE LINE ALTERNATIVES THAT SHOW THE ROUTES EXTENDING FROM ITS CURRENT SOUTHERN TERMINUS SOUTH TO THE LINK LIGHT RAIL STATION TO BE CONSTRUCTED IN SHORELINE, WASHINGTON, AND URGING COMMUNITY TRANSIT INSTEAD TO EXTEND THE BLUE LINE FROM ITS CURRENT TERMINUS WEST GENERALLY ALONG SR 104 TO THE EDMONDS FERRY TERMINAL AND RELATED BUS AND RAIL STATIONS. WHEREAS, the February, 2020, Community Transit "Road Ahead Newsletter" contained an article entitled, "Swift Blue Line Expansion 2024," which described plans for expanding the more than 10 -year old Swift bus rapid transit Blue Line from its current southern terminus an additional two miles to the Shoreline North/185th Link light rail station in Shoreline, King County in time for the planned opening of the new Link light rail station in 2024; and WHEREAS, the newsletter showed three alternative routes being considered to connect to the existing southern terminus to the Shoreline Link light rail station, none of which would route along SR 104 or to or near the Edmonds waterfront, ferry terminal, or rail station; and WHEREAS, Community Transit offered the opportunity for individuals to share feedback through taking an online survey, to be open for responses until February 27; and WHEREAS, As elected representatives of the city of Edmonds, it is appropriate for the city council to provide its comments on the proposed extension and its alternatives; and WHEREAS, the adopted Transportation Element of the City of Edmonds Comprehensive Plan has goals and policies that should be recognized by Community transit as follows: Policy 2.2: Work with transit agencies to ensure existing and planned transit creates connections to existing and future employment and activity centers; and Policy 5.17: Encourage the provision of a bus rapid transit system or other high-capacity frequent transit service along SR 104; and Policy 3.16: Support transportation investments that advance alternatives to driving alone, as a measure to reduce greenhouse gas emissions and in turn reduce the effect of citywide transportation on global climate change; and Policy 6.3: Work with transit providers to ensure that transit service within the city is convenient and flexible to meet community and user needs; and Policy 6.8: Form a multimodal system that links ferry, rail, bus, auto and non -motorized travel providing access to regional transportation systems while ensuring the quality, safety, and integrity of local commercial districts and residential neighborhoods; and Policy 6.15: Participate on the boards of Community Transit and other public transit providers; and Policy 6.21: Regularly coordinate with WSDOT, Washington State Ferries, Community Transit, King County Metro, Snohomish County, the Town of Woodway, and the Cities of Mountlake Terrace, Lynnwood, Shoreline, and Mukilteo, to ensure planning for transportation facilities is compatible; and Edmonds City Council Approved Minutes February 25, 2020 Page 17 WHEREAS, transit service provided by Community Transit should first and foremost provide service in Snohomish County; and WHEREAS, the City of Edmonds has thousands of multi -family residents located within a quarter mile of SR 104 which is the recommended transit service area; and WHEREAS, within a quarter mile of SRI 04, the City of Edmonds has an estimated population of 8,970 and an estimated 1.725 million square feet of commercial building space, including the Westgate Commercial district, downtown Edmonds, and the Waterfront development area; and WHEREAS, the residents, business owners, and visitors to the City of Edmonds and the users of the Edmonds ferry terminal and the associated rail and bus lines near it deserve to be connected to the Community Transit Swift Blue Line network; and WHEREAS, the length of any connection to serve Edmonds and these affected users would involve an extension no longer than the proposed two-mile extension into King County WHEREAS, Metro and its RapidRide rapid bus and Link light rail programs primarily serve King County and not Snohomish County; and WHEREAS, copies of this resolution will be shared with all of the agencies listed in Policy 6.21 as well as with Sound Transit; and NOW, THEREFORE, the City Council of the City of Edmonds, Washington, hereby resolves as follows: Section 1. The Edmonds City Council formally opposes all variations to the extension of Snohomish County's Community Transit's Swift Blue Line south into King County to the future Shoreline light rail station at 185th St and I-5. Section 2. The proposed Blue Line extension alternatives do not comply with and contravene the goals and policies adopted in the Transportation Element of the city's Comprehensive Plan, and therefore, it is not in the best interest of the City of Edmonds to support extension of the Swift station into Shoreline as proposed. Section 3. Any extension of the Swift Blue Line should be routed westward along SR 104 to connect with the terminus at the Edmonds—Kingston Ferry and the Edmonds train and bus stations, thereby providing logical service between the Everett train/bus terminal and the Edmonds train, bus, and ferry stations, all of which are also less than two miles from the existing southern terminus of the Swift Blue Line and are wholly within the agreed Community Transit service area. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE RESOLUTION. Councilmember Buckshnis said Section 2 conflicts with Comprehensive Plan Policy 5.17 that states, "Encourage the provision of a bus rapid transit system or other high-capacity frequent transit service along SR 104." Councilmember K. Johnson said when the Comprehensive Plan policy was written, there was no other proposal for BRT or thel5-minute service and it is a completely different route. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND THE MOTION BY REMOVING SECTION 2 FROM THE RESOLUTION. Council President Fraley-Monillas said the reason she asked Community Transit to come to answer questions is the resolution is very long, convoluted and difficult understand on the fly. She recalled the Council discussed last week not taking action the same night a proposal is made. She cannot tell if the resolution makes sense and therefore will not support the motion or the amendment. UPON ROLL CALL, AMENDMENT TIED (3-3-1), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS, OLSON VOTING YES; COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS PAINE AND L. JOHNSON VOTING NO; AND COUNCILMEMBER DISTELHORST ABSTAINING. Edmonds City Council Approved Minutes February 25, 2020 Page 18 VOTING TO BREAK THE TIE, MAYOR NELSON VOTED NO, AND THE AMENDMENT FAILED (3-4-1). To Council President Fraley-Monillas' comment about the last minute nature of the resolution and voting on the same night something is proposed, Councilmember Olson agreed that was not how the Council wanted to do business but there was no opportunity for additional time as Councilmember K. Johnson realized the deadline for comments. Adopting the resolution will ensure these comments are included in the conversation. The Council could have further conversation with Community Transit if the Council changed its mind in the future. Councilmember Paine expressed her appreciation for the work Councilmember K. Johnson did and agreed the Council could benefit from a more responsive transportation element in the Comprehensive Plan. She acknowledged it is difficult for large agencies to manage fast moving and substantial changes; she wanted to ensure the City' comments are as well synchronized as possible and she was unsure that the resolution gets there other than opening the discussion. She was afraid the resolution would not result in increased ridership, connectivity, and reduction of greenhouse gas and therefore would not support the motion. To add context about deadlines and outreach, Councilmember Distelhorst explained these are long range plans that will be implemented more than 4 years in the future. There will be ample opportunity for jurisdictions in PTBA to have contact with Community Transit and to give feedback on the needs and wants in their community. Much of that work will occur in his day job and he assured there will be good engagement. Community Transit will make a presentation to the Council in April about one such project whose goal is a more connected transit oriented Snohomish County. Councilmember L. Johnson agreed the resolution makes a number of good points and she appreciated the work Councilmember K. Johnson did to compile it for discussion. Her challenge with the resolution was many of the points in the resolution are the same reason she supports expansion of the Blue Line. She does not oppose expansion of the Blue Line which this resolution does. She preferred to advocate for expanding transit from the ferry, Amtrak and Sounder but not via opposition to Swift Blue Line. Council President Fraley-Monillas said she was told by Community Transit that the email asking for public comment was sent a couple weeks ago. Mr. Silveira said public comment started February 6th, allowing 3 weeks for comment and it was also posted on a number of websites, newspapers, email lists, riders who signed up, etc. Council President Fraley-Monillas said people can still individually comment on the website. She asked if it would be appropriate for Councilmembers commenting on the changes to include their City Council position. Mr. Silveira answered that would be fine. The survey provides an opportunity to express ideas; it is not just expressing preferences about the options that are presented but also seeking other ideas. Council President Fraley-Monillas asked the deadline for comments. Mr. Silveira said the online survey closes to comments on Thursday, the end of a three week period. Council President Fraley-Monillas asked about opportunities for more input. Mr. Silveira answered the three week period is the initial period to get preferences from the public on these initial options to help Community Transit understand which corridors should be evaluated in more detail. After all the comments are reviewed, approximately 300 to date, Community Transit staff will pull the feedback into the evaluation process to determine what should be included in the project scope and then use data to make a recommendation about an ultimate proposal for expansion. At that point, approximately June -July, a proposed recommendation for the ultimate Blue Line extension will be made and the public will have an opportunity to provide feedback on that recommendation. Council President Fraley-Monillas asked if one of the options is to have Swift on SR 104. Mr. Silveira said that was not one of the options; the intent is to reach Link light rail and SR 104 does not achieve that. The Swift Blue Line is the heaviest ridership line in Community Transit, approximately 6,000 riders/day and Edmonds City Council Approved Minutes February 25, 2020 Page 19 getting to Link light rail achieves the needs of many of those riders. Aurora Village is the largest ridership station for that line now, primarily because it provides access to RapidRide E Line routes to go further into King County and vice versa for King County residents traveling north into Snohomish County. One of the options, Alternative B, preserves Aurora Village as a transit center that the Blue Line would continue to serve. The goal is regional connections. Councilmember K. Johnson commented RapidRide is Metro's BRT. It could provide direct access to 185tH street Link light rail station and meet all the transportation needs without investing any of the rolling stock drive time or other resources that could be used alternatively to reach downtown Edmonds. The connection at either Aurora Village or the Highway 99 Park & Ride lot would provide a connection and go down SR 104 into Edmonds. She hoped there would be an opportunity to talk about this further. Councilmember K. Johnson explained planning is a public decision making process. She has been working on this subject for 11 years and the first proposal to extend Swift is to 185"' Street in Shoreline which is what motivated her to do this work. She hoped to pump the brakes on the process that began with scoping, now alternatives are being reviewed and a decision made in 3-4 months followed by construction. There needs to be a better conversation of transit needs in Edmonds and she would like to work with Community Transit to collect and analyze the data. Councilmember K. Johnson said Edmonds is constrained by the water but it is also an important regional transit hub with the ferry and train. Edmonds may not have the ridership of Link light rail and it does not have to. It is important to consider what is best for Edmonds, not what's best for reaching the University of Washington, SeaTac, etc. She acknowledged the Sound Transit spine is integral to the regional transportation system but wanted to look more closely at Edmonds' needs which are not just connections to Link light rail. COUNCILMEMBER BUCKSHNIS CALLED THE QUESTION, SECONDED BY COUNCILMEMBER OLSON. CALL FOR THE QUESTION CARRIED UNANIMOUSLY. UPON ROLL CALL, MAIN MOTION FAILED (2-4-1), COUNCILMEMBERS K. JOHNSON AND OLSON VOTING YES; COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS BUCKSHNIS, PAINE AND L. JOHNSON VOTING NO; AND COUNCILMEMBER DISTELHORST ABSTAINING. Mayor Nelson declared a brief recess. 7. ADDITIONAL 5 -WEEK EXTENSION OF COUNCIL EXECUTIVE ASSISTANT CONTRACT (Previously Consent Agenda Item 6.8) AND PRELIMINARY DECEMBER 2019 QUARTERLY FINANCIAL REPORT (Previously Consent Agenda Item 6.7) HR Director Jessica Neill Hoyson explained this is an additional 5 week extension to the Council Executive Assistant's contract. The Council previously approved a 1 -month extension to allow time for the Council President to complete a performance evaluation as per the contract. The extension will provide time to complete the evaluation as well as allow time for contract terms to be discussed at committee prior to full Council. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE CONTRACT EXTENSION FOR THE COUNCIL EXECUTIVE ASSISTANT. Council President Fraley-Monillas said she has received written input from three Councilmembers and verbal input from another Councilmember. She invited the remaining Councilmembers to provide their input. Edmonds City Council Approved Minutes February 25, 2020 Page 20 Councilmember Buckshnis suggested having an executive session to discuss the evaluation. She recalled the Council requested that last year but ran out of time. Councilmember Paine said the contract is not clear whether the performance review would be included in the committee packet or be kept confidential as most performance reviews are. Ms. Neill Hoyson answered performance reviews are generally not subject to public disclosure so it would not be included in the packet. City Attorney Jeff Taraday offered to inquire with his staff whether a performance review was exempt under the Public Records Act. He relayed the Open Public Meetings Act allows an executive session to be held to discuss the performance of a public employee so performance reviews can be discussed confidentially. Councilmember Paine said that may need to be clarified in the contract. Council President Fraley-Monillas commented the contract for Jerrie Bevington, the video recorder, was a 2 -year contract expiring in 2021. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY-MONILLAS, TO EXTEND THE MEETING FOR 15 MINUTES. MOTION CARRIED UNANIMOUSLY. 9. PRESENTATION DECEMBER 2019 FINANCIAL PRESENTATION Assistant Finance Director Dave Turley reviewed: • Quiz 1. How many active funds does the City have to account for? Answer: City has 31 funds to keep track of. 2. Out of all the City funds, how many have a 2020 expenditure budget of more than $5M? Answer: 5 General Fund: $48.2M Sewer/WWTP Utility Fund: $31M Water Utility Fund: $12.8M Storm Utility Fund: $8.8M REET 1 and REET 2: $5.7M 3. What is the single biggest category of revenue to the City? Answer: Fees for Services. This category includes fees generated by the Utilities. For the General Fund alone, property taxes are the biggest revenue source. r 2020 Budgeted Expenditure Categories o General Fund — 37% o Utility Fund — 41 % o Parks and Street Construction Funds — 11% o Special Revenue Funds 7% o Internal Service Funds — 3% o Other — I% ■ General Fund — Year Ended December 31, 2019 o General Fund revenues are $5.3 million higher than last year, and $1.2 million higher than forecast o General Fund expenses are $1.1 million higher than last year, and $3.6 million under budget o Overall these are reasonable results. It shows that in the case of the General Fund, we try to budget safely enough that we won't have unpleasant surprises Edmonds City Council Approved Minutes February 25, 2020 Page 21 • Graph: General Fund 6 Months Trends — Revenues and Expenses, Budget to Actual • Graph: General -Fund -6 -Months — Actual -Revenues -and -Actual -Expenses • Graph: Citywide Revenues and Expenses — Preliminary Numbers Last Six Years 2014-2019 ■ Graph: Major General Fund Revenues (Sales Tax and Property Tax) 2013 — Budget 2020 • Graph: Interest Income 2013 -Budget 2020 • Summary o We have had over 10 years of recovery from the Great Recession, characterized by low inflation and mostly slow growth in the regional and national economies. o Edmonds remains in good financial shape. o The annual audit with the State Auditor's Office is scheduled to start about May 18 Councilmember Buckshnis commended staff on the Quarterly Financial report. She noted the Combined Street Fund 112 revenues are at 29% and expenses are at 26%. She asked what could be done to increase the percentages. Mr. Turley answered there are several reasons why that construction fund is under budget. The biggest project budgeted in Fund 112 in 2019 was $3M for the Waterfront Connector. Councilmember Paine asked what percentage of the budget is held in reserve. Mr. James relayed the Council recently passed a Fund Balance Reserve Policy that calls for 20% of General Fund annual expense. 11. MAYOR'S COMMENTS Mayor Nelson advised the new Parks & Recreation Director starts April 1St, but she may tour the City's parks before then. 12. COUNCIL COMMENTS Councilmember Buckshnis reported the Tree Board is working on "right tree right place" and updating their webpage. Councilmember Distelhorst expressed condolences to the family of Nagendiram Kandasamy. Councilmember L. Johnson said survey for input on the extension of the Community Transit Swift Blue Line is available at Communitytransit.org/SwiftBlue2024. Comment can be provided until February 27t1i Council President Fraley-Monillas commented living in the neighborhood where the 7 -Eleven clerk was murdered was upsetting to the community. Edmonds has never had a business owner killed. The gentleman was killed worked had worked at 7 -Eleven over 10 years. The staff at the 7 -Eleven are like family to people who live on the corridor and the clerk's cold blooded murder has hit the Hwy 99 area hard. Mr. Kandasamy's funeral is Thursday at Evergreen Washelli. Councilmember Paine extended her condolences to the family of the 7 -Eleven clerk. She thanked the people who have written to the Council regarding housing issues being discussed by the State Legislature. She relayed a request from ARC for a student position on a board or commission for a person with special needs. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO EXTEND THE MEETING FOR FIVE MINUTES. MOTION CARRIED UNANIMOUSLY. Councilmember Olson explained the State legislature is considering bills regarding housing density. She recommended citizens fight the bills which are blanket policies by talking to their legislators. The City needs citizens' support for the Citizen Housing Commission (CHC) who is working on thoughtful policy for housing density. She acknowledged housing density was inevitable and the CHC is an opportunity to Edmonds City Council Approved Minutes February 25, 2020 Page 22 embrace it in the most thoughtful ways and where makes the most sense in the community. She encouraged citizens to be involved in process, attend CHC meetings and work on a solution for some housing density in Edmonds. It will happen either by state edict or as a result of the community's own thoughtfulness. Councilmember K. Johnson thanked the City Council for the robust discussion about the Swift Blue Line. Transportation is her passion and she appreciated the attention the Council gave the issue tonight and for allowing her to pursue a resolution. Unfortunately the resolution did not pass but that will not deter her and she looked forward to future conversations on the subject. Student Rep Bauder reported one of his classes, Ecology, is focused on 3 -week trip to French Polynesia which may be canceled due to the coronavirus. The class covers human impacts of fishing, pollution and climate change. A 1-2 degree increase in water temperature can cause coral, via a stress response, to release phytoplankton and other organisms, its food source, and it ends up bleaching and dying and is no longer able to support fish which leads to an ecosystem collapse and whole populations depend on the coral. Measures to keep water temperatures from rising by even 1-2 degree are worthwhile. 13. ADJOURN With no further business, the Council meeting was adjourned at 10:18 p.m. MIC L NELSON, MAYOR ASSEY, CITY CLE Edmonds City Council Approved Minutes February 25, 2020 Page 23 ti: `