CITY OF SHORELINE
SHORELINE CITY COUNCIL
Monday, March 30, 2015 Conference Room 104 - Shoreline City Hall
5:45 p.m. 17500 Midvale Avenue North
PRESENT:
Mayor Winstead, Deputy Mayor Eggen, Councilmembers
McGlashan, Hall, McConnell, Salomon, and Roberts
ABSENT: None
STAFF: John Norris, Assistant City Manager; Margaret King, City Attorney; Jessica Simulcik Smith, City Clerk
At 5:50 p.m., the meeting was called to order by Mayor Winstead.
Ms. Simulcik Smith explained that staff was before Council to discuss retention and disclosure of handwritten notes, remind Council about the policies governing the use of electronic devices to conduct City-business, and to provide an overview of the City’s Public Disclosure Program.
Ms. Simulcik Smith reviewed that the City has received 85 public disclosure requests so far in 2015, which represents a 117% increase from this point in time last year. Of these requests, 66 have been closed, and 19 are open and still being processed. She pointed to historical data on the number of requests the City has received and noted increases every year. She stated what the data does not show is that, not only is the number of requests increasing but also the scope and depth of each request. This is due to the use of technology in the workplace and increase in the amount of electronic public records being created. Also certain types of records, such as email, are stored in a way that can only be retrieved by keyword. A search can result in thousands of emails that need to be reviewed for responsiveness and possible exemption. Ms. Simulcik Smith then reviewed the City’s procedures for responding to public disclosure requests, and reminded Council of their responsibilities in the process.
Ms. King reviewed that handwritten notes taken in a way that indicates a private purpose can be destroyed as soon as they are no longer useful to the person who took them. However, if they exist at the time of a public records request, and are responsive to that request, they must be handed over to the City Clerk’s Office. The City Attorney’s Office will then perform a review of the notes to determine if they are personal or public record, or if they contain any exempt information.
Ms. Simulcik Smith reminded Council of the City’s no texting policy, and that posts or comments on social media sites related to City-business are prohibited. She stated the creation of any City-business related documents from a personal device is permitted if a Councilmember saves it on the City server. And a call from a personal cellular phone can be placed if it is to a City phone.
Councilmembers stated they do not have remote access to the City’s network and asked how the City would like them to save electronic documents that they create. Mr. Norris responded that a Councilmember can email the document to City staff using their City email account. Ms. Simulcik Smith added that it can also be saved to a pen drive and provided to staff.
Councilmembers asked what records are requested most often and indicated a desire for the City to look for opportunities to post more records online to proactively get information out to the public and reduce the number of public records requests.
Councilmembers asked about the annual cost of server storage and amount of staff time spent responding to requests. It was suggested that the City look for ways to reduce labor costs and at hiring a junior attorney to help review records for exemption. Mr. Norris responded that server storage is inexpensive and the real cost is staff time spent searching for and reviewing records. Currently there are three City Clerk’s staff processing requests and many other staff members throughout the organization. He acknowledged the City cannot control the volume of requests it receives and that it must be responsive. The two options for managing the heavy workload are for the City to extend time estimates for fulfilling a request, or to increase resources.
Councilmembers discussed how to determine an appropriate level of staff time to be spent on public disclosure and asked if the City tracks the time spent on requests. Ms. Simulcik Smith responded that the City Clerk’s Office started tracking time starting this year. She shared that the City of Kirkland found that for employees whom responding to records request is not one of their core duties, the need to dedicate more than 10 hours a month would interfere with their essential job function. Mr. Norris stated the City would perform a time study and cost analysis before asking Council to make a policy decision on formally dedicating existing resources or adding new resources.
Councilmembers asked what to do when the public sends an unsolicited email to a personal account, or a text message to their City cellular phone. Council was reminded of previous instruction to forward the email and metadata to their City email account and then respond from there. Ms. King also stated it would be appropriate to not respond or for a Councilmember to contact the person explaining that the message was sent to a personal account and ask them to resend the message to their City account.
Councilmembers asked if the City has any relief from requests that are malicious or harassing. Ms. Simulcik Smith stated the Public Records Act requires that all requests be processed no matter the motive or how broad. Ms. King added that the Act does provide limited relief for requests made from inmates.
Councilmembers stated they appreciated the update and noted it would be helpful to know how much time the entire City is spending on processing requests.
At 6:40 p.m. the meeting was adjourned.
/S/Jessica Simulcik Smith,
City Clerk
CITY
OF SHORELINE
SHORELINE CITY COUNCIL
Monday, March 30, 2015 Council
Chambers - Shoreline City Hall
7:00 p.m. 17500
Midvale Avenue North
PRESENT: Mayor Winstead,
Deputy Mayor Eggen, Councilmembers McGlashan, Hall, McConnell, Salomon, and
Roberts
ABSENT: None
1. CALL TO ORDER
At 7:00 p.m., the meeting was
called to order by Mayor Winstead, who presided.
2. FLAG SALUTE/ROLL CALL
Mayor Winstead led the flag
salute. Upon roll call by the City Clerk, all Councilmembers were present.
Councilmember Roberts read a
proclamation declaring March 31, 2015 Cesar Chavez Day in the City of
Shoreline. Fred Wong, Executive Director Shoreline-Lake Forest Park Arts
Council; Kelly Lie, Shoreline-Lake Forest Park
Arts Council; Jeanette Sanchez, UW Bothell, Mirror
Stage; and Angie Bolton, Mirror Stage, dance and theater
professional, accepted the proclamation. Ms. Sanchez shared that while working
with high school students on a short political play she learned the quote, “in
non-violence there is never defeat”, spoken by Mr. Chavez. She shared how the
students are embracing this adage and informing other students about the
contributions of Cesar Chavez and thanked Council for honoring him. Ms. Lie
invited Council and the community to attend the Telling Stories: A family
Celebration of Cesar Chavez event on Saturday, April 4, 2015 at 7:00 p.m.
at the Shorecrest Performing Art Center.
3. REPORT OF CITY MANAGER
John Norris, Assistant City
Manager, provided reports and updates on various City meetings, projects and
events.
4. COUNCIL REPORTS
Councilmember Hall
reported that the Association of Washington Cities’ Legislative Board is working
on legislative issues in Olympia and stated that a Special Board Meeting is
scheduled on Wednesday to discuss revenue funding packages to support cities.
Councilmember Salomon
reported attending a Regional Law, Safety and Justice Committee meeting and hearing
about a Restorative Justice Program to help decrease re-offense rates, and seeing
a presentation by Sue Rahr, Washington State Criminal
Justice Training Commission, on Compassionate Policing and changing the culture
of officer training from a “military” style to a community relations
led program.
5. PUBLIC
COMMENT
Tom McCormick,
Shoreline resident, commented on the Annual Traffic Report and pointed out the intersection
at 3rd Avenue NW and Richmond Beach Road has the most collisions in the City. He
expressed concern over the addition of 10,000 vehicles to the intersection that
will be generated by the Point Wells Development, and asked Council what the
collision rate will be with the addition of these vehicles. He spoke about the
2013 and 2014 traffic volume analyses on Richmond Beach Road between 3rd
and 8th Avenues, and stated that a road diet applied to Richmond
Beach Road will result in exceeding traffic volume capacity.
Cheryl Roberts,
President of Shoreline Community College, announced that the College is Celebrating 50th Years of Great, and
shared that full tuition scholarships are available to Shoreline and Lake
Forest Park High School Seniors.
Karen Easterly-Behrens,
Shoreline resident, thanked Council for the Cesar Chavez proclamation and spoke
about his stance on non-violent demonstration in an attempt to be heard. She commented
on the Council’s 5:45 p.m. Special Meeting agenda item to discuss the public
disclosure process and acknowledged Council’s attempt for transparency in
conducting City business. She expressed sadness and embarrassment that
Councilmembers are not paying attention to people providing public comment and
suggested Council change their non-didactic approach to the meeting. She stated
she believes the community has lost trust in Council’s leadership and they feel
unrepresented.
John Behrens, Shoreline
resident, shared a story about his neighbor being forced to move because her
home was determined uninhabitable. He talked about properties being purchased
and turned into rental units, and stated they are not maintained by the owners.
He questioned what will happen to the rezoned homes from now until the actual
development and infrastructure are built. He requested that Council be careful
about the rezone plans and questioned what the hurry is.
Janet Way, Shoreline
Preservation Society, spoke about the Special Meeting regarding public
disclosure and public records, and noted that the agenda item reads Council
Operations. She stated the topic should have been discussed at a Council business
meeting and recorded. She said it is the public’s right to know what is being
discussed among Councilmembers and important topics should be discussed at a regular
meeting. She commented on Council’s Goal regarding public safety and public
housing and recommended that Council focus on how many houses in the City need
attention. She asked how blighted houses will be handled.
Wendy DiPeso, Shoreline
resident, commented on the house on 32nd Avenue that caught fire during a
remodel and explained that the house is not in violation of the Code because it
is properly boarded up, but stated she still feels it adversely affects
property values on that street. She expressed concern about the time it takes for
developers to accumulate properties, worries that properties will not be
maintained, and said a large rezone opens up the community to harvesting by
developers. She stated the community is not against Sound Transit or change,
and asked for Council’s help to maintain the community over the next 10 to 15
years.
Elaine Phelps,
Shoreline resident, read an email she sent to the president of Futurewise and
stated that it also applies to Councilmembers who voted in favor of 185th
Street Station Subarea Rezone. She read that she was shocked by their position
and talked about the destruction of natural areas.
Tom Jamieson, Shoreline
resident, commented that a lot of Shoreline residents have concerns about a
number of issues in the City, shared that he believes in law and order and that
he respects Council rules. He acknowledged Mayor Winstead’s
duty to maintain order in the Chamber and applauded her role in maintaining
order over the meetings.
Councilmember
Hall asked about the total land mass of the 185th Street Station Subarea. Mr.
Norris responded that he will provide that information to Council.
Deputy Mayor Eggen commented that blight is a real concern and should be
discussed in the future. Mr. Norris explained that a code enforcement program proposal
to address blight will be submitted to Council for review and approval. He then
discussed current code enforcement regulations.
6. APPROVAL OF THE AGENDA
The agenda was adopted by
unanimous consent.
7. CONSENT CALENDAR
Upon
motion by Councilmember Hall, seconded by Councilmember McGlashan and
unanimously carried, the following Consent Calendar items were approved:
(a) Minutes
of Business Meeting of February 9, 2015
8. STUDY ITEMS
(a) Discussion of Ordinance No. 710 Granting a
Non-Exclusive Franchise to Astound Broadband, LLC to Operate a
Telecommunications Fiber Optic System Within City Rights-of-Way
Alex Herzog,
Management Analyst, provided background on the non-exclusive Franchise to Astound
Broadband to operate a telecommunication system within the city’s rights-of
way. He reviewed the services they will be providing, potential connection
routes to existing cell towers, and the terms of the Franchise.
Deputy Mayor
Eggen shared he believes that the company will provide specialized
telecommunication services and sees the Franchise as a positive step for
bringing information technology businesses to Shoreline.
(b) Discussion of Incarceration Alternatives
and District Court Update
Mr. Herzog
introduced Judge Donna Tucker and Shoreline Prosecutor Sarah Roberts. He
provided background on court services and reviewed jail sentencing options and statistics.
He pointed out the budget shortfall and increasing challenges for King County Jail.
He explained that a King County Jail Population Management Workgroup has been
formed to develop a plan to address these issues. He presented the following alternatives
to jail sentencing: community center for alternative programs, community work
programs, consumer awareness classes, driving under the influence victims
panel, electronic home monitoring, restitution, treatment programs (for
alcohol, drug use, domestic violence, mental health issues), and work release
programs. He then presented costs associated with the alternatives. He reviewed
judiciary tools as regional Mental Health Court, regional Veteran’s Court, and screening
processes.
Councilmember
McGlashan asked about Mental Health Court and if offenders have to already be
diagnosed to participate. Councilmember Salomon said it is his experience that
they have to already have a diagnosis. Ms. Roberts added that it is her
understanding that the diagnosis needs to come before the referral to Mental
Health Court.
Judge Tucker talked
about cases handled by the District Court, software used to track cases, the
request for proposal for a new integrated case management software system,
E-mitigation, and King County dispute resolution.
Councilmember
Roberts pointed out the increase in home detention in 2013 and 2014. He asked
how the program is working, if people were violating their terms, and if more
people could be eligible for this program in an attempt to keep families
together. Ms. Roberts responded that electronic monitoring has worked well and that
the agency works in close contact with her office and contacts her immediately
if someone violates their arrest conditions. She stated more non-violent
offenders could be eligible for the program, and explained that she makes the
first assessment and then makes a recommendation to the judge.
Councilmember Salomon
discussed the importance of accountability when people break the law and shared
that he sees the same people in and out of court and jail with no
rehabilitation. He commented that the United States has one of the highest per
capita incarceration rates in the world and stated that it should be addressed.
He explained that the King County region is a leader in using alternative courts,
and commented on the low number of veteran participants and the challenges of Veteran’s
Court. He shared that he is interested in seeing restorative justice added as
an alternative to the court system.
Judge Tucker responded
that King County prosecutors, Superior and District courts and jails have a
number of programs looking into these issues. She provided the examples of the Law
Enforcement Assisted Diversion (LEAD) Program, implemented by the City of
Seattle, that takes addicts to a detox center instead of jail and finds services
that deal with the addiction issues; and the Familiar Faces Initiative which works
with individuals booked more than four times who have addiction and mental health
issues. She stated that King County is looking into ways to deal with these
individuals other than placement in King County jails, and that she is attempting
to secure grant funding to help expand mental health court and capacity and
address substance abuse issues.
Councilmember Salomon
maintained that treatment is not always affective and stated there is a need to
move towards different types of treatment programs and dispute resolution.
(c) Discussion of the Annual Traffic Report
Kendra Dedinsky,
City Traffic Engineer, reviewed the objectives of the annual traffic report, collision
data, and circumstances contributing to collisions. She presented mitigation
strategies are components of engineering, enforcement and education. She pointed
out high collision locations for intersections, and pedestrian and bike
collisions and explained corresponding mitigation strategies. She reviewed
action steps to be implemented in 2015 and highlighted 2014 traffic action step
implementations.
Councilmembers
asked if the no right turn located at 3rd Ave NW and Richmond Beach
Road contributed to the increase in accidents and questioned the removal of a
sign at 185th and Fremont. They discussed the contradicting speed
limit signs on the S curve on Richmond Beach Road and how the increase in
traffic from the Point Wells Development will be handled without causing delays.
They suggested a traffic sign at 185th Street as you make a right turn
to 8th Avenue. Ms. Dedinsky responded that the accidents at the
highest collision area were due to left and not right turns, and stated that the
Road can safely handle more traffic. She explained the sign at 185th
was removed as a result of distance review, that the warning sign on the S
curve resulted from conventional sign placement and stated she would like to
study that corridor for speed limits. She stated the protected phase change at
the intersection 3rd Avenue NW and Richmond Beach Road will help
reduce collisions and address traffic increases.
A discussion
ensued regarding increases to traffic, traffic delays and traffic bays. Councilmembers
asked staff to develop a video presentation to illustrate traffic mitigation
scenarios. They asked who determines traffic signage for exiting businesses and
about the road diet implemented on 15th Avenue NE. They affirmed
that the City can make exceptions to federal road standards and apply City standards
to address specific traffic areas. Ms. Dedinsky responded the City can work
with business owners to address traffic control issues and noted that accidents
have decreased at 15th Avenue NE since implementation of the road
diet.
Police Captain Konoske
reviewed traffic enforcement data results, complaints, and traffic
injuries/fatalities. He stated it appears traffic complaints have increased by
125% but pointed out the increase is a result of implementing measures to more
accurately track the complaints. He talked about traffic education/safety tools
and community outreach. He explained the plan to work with Engineering to support
strategic data led traffic enforcement. Ms. Dedinsky reviewed speed limit
results and noted the decrease from 2014 to 2013.
Councilmembers made
observations regarding the speed differential map and asked questions about the
Traffic Speed Study and how speed limits are determined. They commented on the
correlation between speed and the size of the road and the need to review other
solutions to ensure safety for vehicles, bicycles and pedestrians. They asked
for updates on how past traffic calming measures are working and it was stated that
any accident fatality is unacceptable. They asked if there is traffic data for
145th Street since it is not part of the City and suggested that it
would probably be the highest collision area. They commended staff for impaired
driving being at an all-time low and asked what contributed to the decrease.
Ms. Dedinsky
explained the factors involved in setting speed limits, including examining
upping speed limit where roads are safe and lowering them where they are not. She
explained that the City works with the City of Seattle and King County to
collect data for the 145th Street Corridor and that it is currently
being analyzed as a part of the Corridor Study. Captain Konoske responded that
the decline in impaired drivers can be directly attributed to hiring officers
that specialize in DUI enforcement.
9. EXECUTIVE SESSION
At 9:20 p.m.,
Mayor Winstead announced a recess into an
Executive Session for a period of 30 minutes as authorized by RCW 42.30.110(1)(i) to discuss potential litigation to which the City is
likely to become a party. City staff attending the Executive Session included:
John Norris, Assistant City Manager; Mark Relph, Public Works Director; Kendra
Dedinsky, Traffic Engineer; and Margaret King, City Attorney. At 9:50 p.m.
Mayor Winstead emerged to announce a 10 minute extension to the Executive
Session. At 10:00 p.m., the Executive Session was over.
10. ADJOURNMENT
At 10:00 p.m., Mayor Winstead
declared the meeting adjourned.
/S/Jessica Simulcik Smith,
City Clerk