Cmd020921EDMONDS CITY COUNCIL
VIRTUAL ONLINE MEETING
APPROVED MINUTES
February 9, 2021
ELECTED OFFICIALS PRESENT
Mike Nelson, Mayor
Susan Paine, Council President
Adrienne Fraley-Monillas, Councilmember
Kristiana Johnson, Councilmember
Luke Distelhorst, Councilmember
Diane Buckshnis, Councilmember
Vivian Olson, Councilmember
Laura Johnson, Councilmember
ALSO PRESENT
Brook Roberts, Student Representative
CALL TO ORDEWFLAG SALUTE
STAFF PRESENT
Patrick Doherty, Econ. Dev & Comm. Serv. Dir,
Shane Hope, Development Services Director
Angie Feser, Parks, Rec. & Cultural Serv. Dir.
Rob Chave, Planning Manager
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Dave Rohde, GIS Analyst
The Edmonds City Council virtual online meeting was called to order at 7:00 p.m. by Mayor Nelson. The
meeting was opened with the flag salute.
2. LAND ACKNOWLEDGEMENT
Councilmember Distelhorst read the City Council Land Acknowledgement 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."
ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present, participating remotely.
APPROVAL OF AGENDA
COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER.
UPON ROLL CALL, MOTION CARRIED UNANIMOUSLY, COUNCILMEMBERS K. JOHNSON,
DISTELHORST, BUCKSHNIS, FRALEY-MONILLAS, OLSON, AND L. JOHNSON AND
COUNCIL PRESIDENT PAINE VOTING YES.
Edmonds City Council Approved Minutes
February 9, 2021
Page 1
5. PRESENTATION
1. SNOHOMISH HEALTH DISTRICT UPDATE
Katie Curtis, Prevention Services Director, Snohomish Health District, reviewed 2020:
• Non-COVID
o Rebuilding the Agency
■ Online service delivery
0 IT infrastructure
Rucker Building Improvements
• Transparency and accountability
o Public Health Activities Continue
■ 4,500+ Inspections on restaurants, grocery stores, espresso stands, caterers and mobile food
vehicles
1,000+ Complaints addressed (food, pools, septic and solid waste)
■ —500 Permits for pools and spas that we routinely inspect
■ 200+ Public and private schools with kitchen permits and required safety inspections
o In Your Community
a Partnered with City on suicide prevention policy and events
■ 237 annual food establishment permits, 6 field consultation, 26 pre -opening inspection and
14 change of ownership reviews
• 56 childcare providers received consultations through Child Care Health Outreach
program, and 114 continuing education courses completed by providers
■ 16 children served through Children with Special Health Care Needs program
It 24 COVID case investigations in school and/or childcare settings
COVID-19 Response
o Web Resources (www.snolici.org/covid)
o COVID-19 Heat Map —Cumulative
o COVID-19 Rate by zip code (Jan 10-23)
o Cases are trending down
• COVID-19 Looking Ahead
o Healthcare System
■ Continue work with hospitals, LTCFs, DSHS, and other resources to improve flow through
the discharge system
o Disease Prevention & Containment
• Continue testing, case, contact and outbreak investigations
■ Support schools in implementing statewide guidance
o Vaccine
• Work with Vaccine Taskforce to increase supply to meet capacity
■ Develop reporting information on demographics, etc.
■ Collaborate with partners to increase access for underserved
• Continue to follow prioritization in vaccination phases
Moving Forward
o Implementing Our Strategic Plan
• Reduce the rate of communicable disease and other notifiable conditions
■ Prevent or reduce chronic diseases and injuries
■ Provide high -quality environmental health services
• Improve maternal, child, and family health outcomes
■ Provide legally required vital records
+� Address ongoing, critical public health issues
Edmonds City Council Approved Minutes
February 9, 2021
Page 2
■ Support increased access to medical, oral, and mental health care
■ Build a more sustainable organization
• Projected Revenues
2017
2018
2019
2020
2021
Actual
Actual
Actual
Amended
Proposed
Budget
Budget
Licenses & Permits
3,860,426
4,008,199
3,787,452
3,5577,892
4,314,297
Inter ov. Revenue
10,147,984
11,046 367
9,913,452
22,383,413
9,260,321
Charges for Goods
& Services
2,140,985
1,838,729
2,578,610
2,449,479
2,239,463
Misc. Revenues
298,909
580,829
401,213
257,818
114,557
Total 1
16,448,304
14,474,124
16,680 727
28,668,662
15,928,387
o 2021 budget Revenue by source
M Intergovernmental (5 8.1 %)
■ State grants 26.1 %
■ County grant 0.3%
■ County per capita 4.6%
■ County Tree Board and communicable disease funding 9.4%
■ City per capita 1.9%
■ Federal grants 15.8%
■ Licenses & Permits 27.1%
■ Charges for Goods and Services 14.1 %
■ Miscellaneous Revenues 0.7%
• Updated Six -Year Forecast
• Budget Projection 2022 — 2027
• Looking Ahead
o COVID Funding - continue engaging with federal delegation and local partners to ensure
extended & expanded
o Sustainable Funding - while 2021-2025 are fairly stable, current trends would leave the District
with an inadequate total fund balance to cover reserves starting in 2026.
o Increased Revenue — finalizing renovations to lease out space in Rucker Building, as well as
Sound Foundation for Public Health getting up and running.
■ Sound Foundation for Public Health
o New Foundation board members selected
o Anticipate filing paperwork Q1
o Finalizing MOU between Foundation and Health District
o Purpose: To provide support for priorities identified in community health assessments,
community health improvement plans, and/or emerging public health issues in Snohomish
County
• Stay in touch
o Blog & Newsletters
■ Sign up for blog, newsletters, alerts and more at www.snohd.org/notifyme
o Social media
■ Follow health district on Facebook, Twitter, YouTube, and Instagram
Councilmetnber Fraley-Moiiillas thanked Ms. Curtis, Commenting she was the new superstar in the public
health arena and she appreciated everything she did. Serving on numerous boards and commissions within
the Health District, she believed the District would be very successful into the future attracting funding for
public health, noting the biggest challenge is the lack of revenue.
Edmonds City Council Approved Minutes
February 9, 2021
Page 3
Councilmember Distelhorst thanked Ms. Curtis for all the work the Health District is doing, recognizing
the District may bear the brunt of the frustration regarding the vaccine rollout. It has been amazing to see
the team at the Health District staying focused on doing good work for public health and safety.
Councilmember Buckshnis commented the Edmonds Senior Center has been calling members to check on
them. She asked if that was what Ms. Curtis referenced in her presentation or was the Health District doing
that throughout Snohomish County. Ms. Curtis said early on the City of Edmonds reached out to the Health
District asking how they could help reach out to care facilities in the community; Todd Cort has been doing
that work. Parks, Recreation & Cultural Services Director Angie Feser explained Parks & Rec has been
calling 65 long term care facilities in the community weekly and asking a series of questions regarding
COVID responses, PPE, and the vaccination and sharing that information with the Health District,
providing a conduit between the Health District and the residents of long term care facilities in Edmonds.
Councilmember Buckshnis expressed her appreciation for all the work the Health District does in addition
to their work related to COVID-19.
Councilmember L. Johnson thanked Ms. Curtis for all she and the Health District have been doing to keep
the community safe during this challenging time. As family members are able to get vaccinated and begin
to resume more normal activities, she asked about the risk that presents to family members who have not
been vaccinated or are under 16 and will not be eligible for a vaccination for a while. Ms. Curtis said she
did not have an answer off the top of her head but would reach out to Dr. Spitters and request he send a
response. The CDC is still encouraging those who have been vaccinated to continue wearing marks and to
continue to be vigilant. This is a relatively new vaccine and while they think the efficacity is there, long
term studies have not been done. She cautioned against throwing masks away and going about life as usual.
As more time passes and scientists are able to do more research, mask restrictions may be lessened but that
is not the case yet.
Council President Paine thanked the Health District for their hard work. As it was likely COVID-19 would
last more than 1-2 years, she asked if anything had been heard about additional federal or state funding.
Ms. Curtis said the Health District thinks there may be ongoing funding; no quick answers are expected at
the federal level as they are dealing with other issues now. There is some chatter at the state level with
Governor Inslee's plans to do different things with public health so how that shakes out remains to be seen.
Council President Paine expressed best wishes for funding.
Councilmember Olson thanked Ms. Curtis on behalf of the community.
6. AUDIENCE COMMENTS
Mayor Nelson invited participants and described the procedures for audience comments.
TC Richmond, Edmonds, Co -Chair, Mayor's Climate Protection Committee, advised the committee's
annual report to Council on February 23rd will address 2020 accomplishments and priorities for 2021. Prior
to that presentation, the committee will be holding an open house on February 18d' via Zoom and phone
from 6 — 7:45 p.m. to launch the public outreach related to the Edmonds' Climate Action Plan Update. That
event is the start of an approximately yearlong opportunity for residents to influence the development of
actions and policies to address climate change. Additional workshops throughout the year will lead to an
updated Climate Action Plan that will be presented to Council by yearend. Further information and the
Zoom link and call in number are available at Edmondsclimate.com. The committee looks forward to a
good launch to this effort as well as subsequent opportunities for input.
Nicole Hughes, Edmonds, Chair, Economic Development Commission (EDC), said after hearing public
comments and Council deliberation regarding permitted uses in the Commercial Waterfront (CW) zone last
week, she wanted to reiterate support for the ordinance amending the ECDC to add hotel to the list of
Edmonds City Council Approved Minutes
February 9, 2021
Page 4
permitted uses in the CW zone. The issue was previously studied by the EDC and recommended for action
due to the potential economic benefits to the Edmonds business community. The EDC exists to help explore
and recommend ideas and actions to the Mayor and Council that will hopefully support and expand the
economic vitality of the City. This action aligns with the EDC's mission of recommending items that will
positively impact the City's economic stability. The EDC's work to evaluate this idea included a hotel study
and resulted in strong support from the EDC. Although the recommendation was made pre-COVID, it was
seen as way to open up the options for adaptive reuse of existing buildings which could offset economic
leakage associated with hotels. When visitors to Edmonds find lodging in nearby towns, the City's economy
misses out on the associated spending that occurs with overnight stays. As the City prepares for the
emergence of a post-COVID economy, this could have a significant impact on the City's recovery by
allowing the broadest possible options for buildings that could be repurposed for lodging. She emphasized
this would be a boutique small hotel, low occupancy that honors Edmonds' design and the waterfront
experience. This is a creative option to support the path back to economic vitality. She thanked the Council
for their thoughtful deliberation.
(Written comments submitted to Pub]icComment@Edmondswa.gov are attached.)
7. APPROVAL OF THE CONSENT AGENDA ITEMS
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT
PAINE, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The
agenda items approved are as follows:
1. APPROVAL OF COUNCIL MEETING MINUTES OF FEBRUARY 2, 2021
2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND
WIRE PAYMENTS
8. UNFINISHED BUSINESS
1. ORDINANCE AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE TO
ADD "HOTEL" AS A PERMITTED USE IN THE CW ZONE
Economic Development/Community Services Director Patrick Doherty summarized this proposal is an
amendment to the ECDC to allow hotels as a permitted use in the CW zone. Hotels are allowed in most
commercial zones in the City but have not been allowed in the CW zone. As mentioned last week and as
was referenced by Ms. Hughes, people who stay overnight spend a lot more than day-trippers; people who
stay overnight spend up to $180/night according to the Dean Runyon Associates' May 2019 report.
Edmonds does not have a lot of lodging although there has been some growth in private lodging such as
Airbnb and VRBO. There is a lot of competition for lodging in other cities. The EDC's proposal was
intended to capture some of that and support the arts and culture sector and the post-COVID activities at
the soon to open Waterfront Center with nearby lodging.
Mr. Doherty pointed out the proposal to add hotel as an allowed use is more important than ever. How long
the pandemic recession will last or how long it will take the economy to recover is unknown. A lot of people
are working from home and may not return to offices. It is unknown whether the vacancy rate of the office
buildings on the waterfront will be high or if tenants will renew their leases. It is important for the City to
provide as broad a platform as possible for property owners and business owners to pivot and face the new
post-COVID economic realities which could include providing for the possibility of lodging on the
waterfront via adaptive reuse of existing buildings.
Edmonds City Council Approved Minutes
February 9, 2021
Page 5
Mr. Doherty recalled the definition of hotel came up last week. Staff does not have a problem with the
current definition because nothing else matches it and other uses such as apartment, boarding house, etc.,
have their own definition. The packet contains an alternative ordinance with an alternative definition for
hotel. He displayed the alternative hotel definition:
21.40.060 Hotel
Hotel means awi-buildingeentaip.4iig five or- weep flg
PHIPPoses. a ,,..,l Weheiv--and-dh+�ig room-and4ftter-i-eater,,.,,, to the
geR-ei!&�Iie eam, be p id,d. Not-ii c4uded antia+l--heusing pen sens -tm.^R n�-w
req+4giiiedieal aten r ease-u facility n erirz transient lodging accommodations an a dailynr
weekly basis to the &p7eral public and which may r•ovide additional services such as restaurants ineetiia
room7s and r•ecreatiorr facilities. (See also, Motel.)
Councilmember Buckshnis asked if the City had any liability if a building was not up to the same standards
as a new building such as the Waterfront Center. She asked if a building would need to be retrofitted to
current standards or would the City be liability if the building was retrofitted and something happened. Mr.
Doherty answered there are code provisions that apply to all uses and occupancies and any proposal has to
meet them all. Once a project has been approved at whatever level of compliance that requires, the City has
done its civic duty and dispatched any liability.
Development Services Director Shane Hope said liability is not so much an issue because remodels must
meet the code. For example, in some cases critical area regulations will apply and in some cases what needs
to happen will depend on the soil conditions. With building renovations, there are thresholds for when a
building or the improvements have to meet the code, depending on the level of the rehabilitation in the
building. It can range from ensuring the portion that is being remodeled meets the current code or possibly
even the entire building would need to meet the new code depending on the proposal and where it is located.
Councilmember Buckshnis expressed concern with the environment with retrofitting. She recalled the
Frances Anderson Center had to be retrofitted for earthquake safety. She asked if there were standards in
place to ensure the environment was protected when a building on the waterfront was modified or improved.
Ms. Hope answered yes, explaining existing buildings are not required to make improvements; however,
once redevelopment or rehabilitation is proposed, depending on the level of rehabilitation, the building
would need to meet the new standards. Depending on which building and where it is located, it definitely
must meet the standards applicable to the project including critical area standards. Work internal to a
building would not require that, but external work would.
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
OLSON, TO APPROVE AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE CHAPTER 16.55 TO ALLOW
HOTELS WITHIN THE COMMERCIAL WATERFRONT (CW) ZONE; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
Council President Paine asked if the motion was to approve the alternative ordinance that included the
revised definition or to approve the original version of the ordinance. Councilmember Fraley-Monillas
answered it was the ordinance on packet page 100. Council President Paine said the alternative ordinance
on packet page 163 includes the new definition of hotel.
COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO AMEND TO INCLUDE THE UPDATED DEFINITION OF HOTEL IN CHAPTER
21.4 AS EXHIBITED UNDER 8.1.1 IN THE AGENDA PACKET, DEFINITION ON THE BOTTOM
OF PACKET PAGE 167. MOTION CARRIED (5-1-1), COUNCILMEMBER BUCKSHNIS VOTING
NO, AND COUNCILMEMBER K. JOHNSON ABSTAINING.
Edmonds City Council Approved Minutes
February 9, 2021
Page 6
Councilmember K. Johnson said she was opposed to adding hotels to the waterfront area for a variety of
environmental reasons: this area is located in a floodplain so parked cars will be subject to flooding, the
area is subject to sea level rise in the future and those impacts are unknow, and finally and most importantly,
there are potential impacts to this area from earthquakes particularly since the area has already been
identified as sensitive to that issue. While there may be a loophole by doing an adaptive reuse, these
fundamental objections should override any consideration of the addition of hotels. She recalled when she
served on the EDC over a dozen years ago, there was discussion about a boutique hotel but in the main part
of town. She was not opposed to that concept but felt it was inappropriate to put a hotel on the fragile
waterfront however lovely it may seem to be.
Councilmember Olson commented all the same impacts or downsides would apply to all proposed or
potential uses in the CW zone and hotel was just another use. She did not see that as a reason to say no.
MOTION CARRIED (5-1-1), COUNCILMEMBER K. JOHNSON VOTING NO, AND
COUNCILMEMBER BUCKSHNIS ABSTAINING.
9. NEW BUSINESS
OVERVIEW OF WCIA ANNUAL AUDIT
HR Neill Hoyson said the presentation includes some additional information about WCIA because she
recognized that some Councilmembers may not be familiar with the risk pool and its background. She
explained "audit" is somewhat of a misnomer; it is more a best practices review. WCIA contacts each
member to ask what type of review they are interested in for the calendar year, whether it was risk
management practices, review of a specific area such as contracting or fleet management, review of claims
history to look for patterns the member needs to address, etc. Unlike traditional audits such as the state audit
that looks at specific areas, the WCIA audit is more collaborative and a review of best practices and not an
audit with findings. She referenced a couple emails she received from Councilmembers that she had not
had time to respond to and was hopeful some of the questions would be answered during the presentation.
She reviewed:
+ WCIA Overview
o The Washington Cities Insurance Authority (WCIA) is a municipal organization of
Washington public entities that join together for the purpose of providing liability and property
financial protection to its members.
o Formed in 1981, as the first liability risk pool in Washington State. WCIA has evolved from
the original nine members to a financially strong liability and property pool of over 150
members, with one common goal; to aggressively manage members' financial risk.
o WCIA is fully funded by its members, who make annual assessments on a prospectively rated
basis, as determined by an outside, independent actuary. The assessment covers loss, loss
adjustment, reinsurance and other administrative expenses.
o An investment committee, using investment brokers, produces additional revenue by
investment of WCIA's assets in financial instruments which comply with all State guidelines.
o A Board of Directors governs WCIA, which is comprised of one designated representative
from each member. The Board elects an Executive Committee and appoints a Treasurer to
provide general policy direction for the organization. The WCIA Executive Director reports to
the Executive Committee and is responsible for conducting the day to day operations of WCIA
• Stewardship Report 2015-2019 (Edmonds use of discretionary service.,
Summary of Benefits
✓
Consultation
$3,014.60
Pre -Defense
$80,765.11
Edmonds City Council Approved Minutes
February 9, 2021
Page 7
Reimbursement $27,936.20
Total 1 $11 1, 715.91
• Comparison of Other Grout) Members
Edmonds Usage of WCIA Member
Services
Edmonds
Group 4 Avera e Costs
Consultation
$3,015
$1,401
Grants
0
8,420
Pre -Defense
80,765
2,584
Reimbursement
27,936
541
Coverage and Coverage Levels
LIABILITY PROGRAM
o Liability Joint Protection Program (no deductible)
Auto Liability, General Liability, Police Liability, Errors or Omissions Liability, Employment
Practices Liability, Employee Benefit Liability and Stop -Gap Liability. 100% occurrence
form.
Layer
Limits
Self -Insured Layer Limit
$4M per occurrence
Reinsured Layer — Governmental
$3M per occurrence
Entities Mutual Inc.
Reinsured Layer — Argonaut Insurance
$8M per occurrence and aggregate per member
Company
Reinsured Layer — Allied World
$5M per occurrence and aggregate per member
Assurance Company, Inc.
Reinsured Layer — Markel Global
$5M per occurrence and aggregate per member
Reinsurance Company
Total Limit
$25M per occurrence, subject to aggregate and
sub -limits
AUTO PHYSICAL DAMAGE PROGRAM
o Auto Physical Damage Joint Protection Program
Limits: Actual Cash Value (ACV) for schedule vehicles except optional replacement cost
coverage for vehicles over $25,000. Deductible waived for glass repair and damage caused by
fire or lightning.
Deductible: $1,000 (deductible shown only if program member)
o It should be noted that WCIA has changed the replacement cost base for vehicles to
$50,000 starting in 2021. Edmonds has reviewed and updated coverage for the fleet based
on this.
PROPERTY PROGRAM
o Property Joint Protection Program
WCIA self -insured (pools) the first $750,000 of covered perils other than flood and earthquake.
We purchase and follow a Lloyd's of London policy with the limits provided below:
Limits: $400,000 per occurrence
Sub -limits: $150,000 Earthquake per occurrence and annual pool aggregate
$100,000 Flood per occurrence and Annual Pool Aggregate, except $50,000
Flood sub -limit within Flood Zones A and V
Other sub -limits may apply
Deductible: Earthquake: 2% of Values Involved Subject to $250,000 minimum per
occurrence
Flood: $250,000 per occurrence, except within Flood Zones A and V 3% of the
total building/facility values involved in the loss subject to a $500,000 minimum
occurrence
All other Perils: $25,000 (deductible shown only if program member)
Edmonds City Council Approved Minutes
February 9, 2021
Page 8
EQUIPMENT BREAKDOWN (g0ILER AND MACHINERY) PROGRAM
Insured by the Hardford Steam Boiler Inspection and Insurance Company
Sub -Limits: $10,000,000 Business Income, Service Interruption
$5,000,000 Demolition, Ordinance of Law
$1,000,000 Extra Expense
$500,000 Perishable Goods, Expediting Expenses, Hazardous Substances
$100,000 Off Premises Equipment Breakdown, Contingent Business Income, Data
Restoration
Deductible: $10,000 Combined All Coverage Except
$25 per KW Turbine Generator Units with a $50,000 minimum
*$25 per HP motors, pumps, and deep well pump units
*$2.50 per KVA transformers
*$25 per HP A/C and refrigeration systems
*$25 per HP internal combustion engines and generators >=500 HP
Limits: $100,000,000 Maximum Limit (Equipment Breakdown)
*Subject to a $10,000 minimum deductible
❑x Checked only if program member
POLLUTION LIABILITY
Insured by Chubb Insurance Company
Limits: $2,000,000 Per Condition Pollution Condition or Indoor Environmental
Condition Limit of Liability
$10,000,000 Total Policy and Program Aggregate Limit of Liability for all
Pollution Conditions ad Indoor Environmental Conditions
Sub -Limits: $250,000 Maximum for "Catastrophe Management Costs" Arising out of all
Pollution Conditions and Indoor Environmental Conditions
Deductibles: a) $100,000 Per Pollution Condition or Indoor Environmental Conditions
b) 5 Days Days per Pollution Condition or Indoor Environmental Condition
for Business Interruption Loss
CRIME/FIDELITY PROGRAM
Insured by AIG — National Union Fire Insurance Company of Pittsburgh PA
Limits: $250,000: Employee Theft — Per Loss Coverage, Forgery or Alteration, Inside
Premises — Theft of Money and Securities, Inside Premises — Robbery or
Safe Burglar of Other Property, Outside the Premises, Computer Fraud,
Funds Transfer Fraud, Money Orders and Counterfeit Money,
Credit/Debit Card Forgery, and Faithful Performance of Duty as
prescribed by law. Blanket coverage for all employees unless excluded
under the insurance policy
Deductibles: $10,000 ❑x Checked only if program member
$50,000 Impersonation Fraud Coverage Deductible with a $250,000 sub -limit
INFORMATION SECURITY INSURANCEICYBER INSURANCE
Limits: $10,000 Aggregate Pool Policy Limit and per Member $1,000,000 Limit
Sub -Limits: $1,000,000 Security and Privacy Liability Insurance per Member
$1,000,000 Regulatory Action per Member
$1,000,000 PCI-DSS Assessment or Fine per Member
75,000 Affected Individuals Privacy Event Services per Member/5M Aggregate
Affected Persons
$1,000,000 Event Management Electronic Data per Member
$1,000,000 Event Management Event Response per Member
$1,000,000 Bricking
$1,000,000 Cyber Extortion Including Bitcoin Ransom Coverage
Deductibles: $25,000 Security and Privacy Liability Insurance Including Regulatory Action
Edmonds City Council Approved Minutes
February 9, 2021
Page 9
$25,000 PCI-DSS Assessment
100 Affected Individual Privacy Event Services
$25,000 Event Management, E-Discovery None
• 5-year risk profile 2015-2019
o Member Claims by Coverage
Member
Sub
Expected
Actual
Expected
Actual Total
Group
Member
Coverage
Claim
Claim
Total
Incurred
Count
Count
Incurred
4
Edmonds
Auto Liab.
30
20
$428 010.46
$38,882.26
4
Edmonds
Emaptoement
3
2
278,696.84
18,401.23
Prc4
Edmonds
Errors &
9
4
243,428.62
115,780.13
Omissions
4
Edmonds
General Liab,
146
102
921 685.88
347,635.82
4
Edmonds
Public Safety
33
12
1,042,409.63
65,576.32
TOTAL
221
140
$2,914,229.43
$586,255.76
o Group Claims by Coverage
Member
Sub
Group
Group Avg
Group Total
Group Avg
Group
Coverage
Claim Count
Claim Count
Incurred
Total Incurred
4
Auto Liab.
448
21.33
$6,485,549.35
$308,835.68
4
Employment
53
2.52
4,223,032.57
201,096.79
Practices
4
Errors &
135
6.43
3,688,590.63
175,647.17
Omissions
4
General Liab.
2,213
105.38
13,966,105.65
665,052.65
4
Public Safe
506
24.10
15,795,406.32
752 162.21
TOTAL
1
3,355
159.76
$44,158,684.52
$2 102 79.50
• 2021 Coverage Year Assessments
o Total Assessment: $920,264
Coverage/Program
Assessment
Auto Physical Damage
$34,166
Boiler & Machinery
9,457
Crime/Fidelity
2,537
Liability
665,738
Property
28 366
Ms. Neill Hoyson explained the only area that WCIA recommended the City focus on was Auto Liability.
Although the numbers are low, the City did have fairly high frequency as compared with the expected claim
count. The City does not have an established policy for training employees before they drive City vehicles.
She plans to request a WCIA grant to implement an online defensive driving program for employees who
drive City vehicles.
Council President Paine commented this information was fascinating. She asked whether there had been
any change in the level of liability during 2020 during COVID. Ms. Neill Hoyson answered the claims
included in the comparison are only through September 2020. She can look to see if there was any
differences in the claims that occurred in 2020 compared to previous years and whether there was a COVID
connection to it. Council President Paine answered there was no need, she thought the data was only through
2019. She was glad the only area for improvement was defensive driving.
Edmonds City Council Approved Minutes
February 9, 2021
Page 10
Councilmember Buckshnis said she sent several questions to Ms. Neill Hoyson. She requested Ms. Neill
Hoyson send her the actual reports which would address her first couple of questions. She thanked Ms.
Neill Hoyson for providing this information, recalling the Finance Committee had discussed this for many
years but had never had a presentation. Noting the City's numbers look great, she asked if this information
should be presented to the Council periodically. Ms. Neill Hoyson said when she was with the County, part
of the role of the director of risk management was an annual report on the risk pool, how the County was
performing, etc. During the audit, she asked the WCIA representative if they provide the Council an annual
report. The representative said that could be done, but it was typically left up to the organization. Ms. Neill
Hoyson said she plans to provide an annual presentation.
Councilmember Buckshnis asked if the Council should look at large claims or wait until the yearend review.
Ms. Neill Hoyson responded as a public entity, the Council gets a lot of attention for litigation which can
take up a lot of space and time and some claims are not supported by anything. When WCIA considers it a
valid claim, that may be an appropriate time to bring it to the attention of the Finance Committee rather
than reviewing all large claims. Councilmember Buckshnis recalled the Council has reviewed claims in
executive session in the past. City Attorney Jeff Taraday agreed over the years there have been occasions
when the Council has been briefed in executive session regarding pending litigation that WCIA may be
defending. He could not recall a situation where a claim was discussed in executive session unless there
was a very strong belief that it would result in litigation and it was just a matter of time. Councilmember
Buckshnis recalled discussing employee -related claims in executive session.
Councilmember Buckshnis observed a lot of the general liability claims were stormwater and asked if there
was a breakdown between stormwater and flooding. Ms. Neill Hoyson answered there are subcategories
that are broken down by department and by category. She had an opportunity to look that up prior to the
meeting; in the general liability line, sewer claims were $174,509 and stormwater claims were $9,500.
Councilmember Buckshnis said she was impressed by the actual compared to the expected, commenting it
was phenomenal how much money had been saved.
Councilmember Buckshnis commented liability in the 2021 assessment looks very high compared to actual
experience and asked if that was because liability was a catchall for everything. Ms. Neill Hoyson agreed
numerous claim types fall under liability coverage. Many factors are taken into account that impacts the
City's premium, not just how the City is performing, but also how the cohort group is performing as well
as the pool's performance. Another issue is insurers are leaving the Washington State market which results
in reinsurance costing more.
Councilmember Buckshnis recalled a large payout a while ago that caused rates to go up and asked if rates
then go down later. Ms. Neill Hoyson answered the assessment is based on a 5-year period, as the period
moves forward, claims drop off. One of the protections of being in a risk pool is it caps the City's actuarial
liability for what impacts premiums at $150,000. Therefore, regardless of how much is paid out, the amount
used in the analysis of the premium is only $150,000. Councilmember Buckshnis reiterated she was glad
to get this information and she looked forward to future presentations.
10. EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL LITIGATION PER RCW
42.34.I10(1)(I)
At 8:11 p.m., Mayor Nelson announced that the City Council would ineet in executive session regarding
pending or potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled
to last approximately 30 minutes. Action was anticipated to occur as a result of meeting in executive session.
Elected officials present at the executive session were: Mayor Nelson, and Councilmembers K. Johnson,
Fraley-WMdnillas, Buckshnis, Olson, Paine, Distelhorst, and L. Johnsen. Others presew were City Attorney
Jeff Taraday, Beth Ford, and Public Works Director Phil Williams. At $:41 p.m., NlayorNelson announced
Edmonds City Council Approved Minutes
February 9, 2021
Page 11
that an additional 10 minutes would be required in executive session. The executive session concluded at
8:51 p.m.
11. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN
EXECUTIVE SESSION
Mayor Nelson reconvened the regular City Council meeting at 8:51 p.m. No action was taken.
12. MAYOR'S COMMENTS
Mayor Nelson reported the numbers released by Snohomish Health District today indicate case counts are
decreasing although not as rapidly as in the past. Everyone needs to continue wearing masks, practicing
physical distancing and avoiding large groups. The Health District announced a new appointment system
where people can schedule their first and second doses online as well as limited waitlisting. It is hoped that
the system will be operational this week and will provide capabilities that have not previously been
available.
Mayor Nelson reminded of the Climate Action Plan update open house on February 18"' at 6 p.m. On
February 19"', the United States will official rejoin the Paris Climate Accord via an executive order signed
when President Biden first took office. That is helpful because the goals in the Action Plan are based on
Paris Climate Accord. He encouraged the public to attend the open house. Further information is available
at Edmondsclimate.com, a website specifically related to the Climate Action Plan.
Mayor Nelson wished Melissa Beard, a longtime Edmonds resident and South County Firefighter, a Happy
Birthday.
11. COUNCIL COMMENTS
Councilmember Olson thanked the members of EDC, a very dedicate group of citizens, anticipating they
were feeling happy and a sense of accomplishment after the Council's vote tonight. She thanked her Council
colleagues who supported that. Recognizing that Valentine's Day is coming up, she suggested eating and
drinking out to show love to Edmonds' businesses. In spite of efforts by many and a great deal of policy,
restaurants and bars are down 25% in 2020 compared to 2019 so they need the public's support to stay in
business. If anyone needs a reminder that they are loved by Edmonds, she displayed a Love Edmonds
charm.
Councilmember K. Johnson wished a Happy Birthday to Mr. Phillips who is turning 99, a former Edmonds
High School Vice Principal and a longtime member of the Edmonds Planning Board.
Councilmember Distelhorst urged residents to prepare for very cold and potentially snowy weather coming
this weekend. The South County Cold Weather Shelter in Lynnwood is open; they do not accept walk-ins,
only those picked up by their shuttle. The Lynnwood Hygiene Center is accepting donations of blankets,
handwarmers and other necessities to keep unsheltered community members warm during this cold
weather. He encouraged the community to continue to stay safe and take care of each other.
Council President Paine hoped everyone enjoyed Valentine's Day and avoid the treacherous mountain
passes in the snow.
Councilmember Buckshnis recognized Feed Me Hospitality who provided a blueprint for streateries that
was approved by the City's building department and the fire department. She recalled seeing building
materials downtown to construct the streateries. She thanked Shubert Ho and his brother-in-law for that
effort, noting it not only saves time, but also provided a valuable design that would have cost thousands
Edmonds City Council Approved Minutes
February 9, 2021
Page 12
that all the restaurants received for free. As Councilmember Olson said, restaurants are down 25% in 2020
compared to 2019 and she encouraged the public to bundle up and go out like she did last weekend. She
commended people for supporting local businesses.
Councilmember Buckshnis expressed sorrow at the passing of George Murray and said her thoughts go out
to .Linda. She also acknowledged the passing of Alison Hardwell who was involved with the Edmonds Arts
Festival. She commented Valentine's Day is coming and some people are sad and others have Valentines
to hang out with. For anyone feeling sad or depressed, she assured there is always someone to talk to. She
recognized suicides are up and stressed the importance of reaching out to others.
Councilmember Fraley-Monillas said because she left last week's meeting early due to not feeling well,
she missed the opportunity to send her regards to Bill Anderson's family, Pauline and Daren. Daren has
been a friend of her son's in Special Olympics for the last 10-12 years and she and Bill spent a lot of time
on bleachers watching games and activities over the years. IIe will be greatly missed not only by the
Edmonds community, but his family and particularly his son Daren. She extended her condolences to Daren
and Pauline Anderson.
Councilmember L. Johnson echoed earlier comments about the South County Cold Weather Shelter and
the Climate Action Plan update open house. She reminded the community to keep warm, be well, be safe
and have a good night.
Student Representative Roberts urged the public to wear masks, make safe choices and for those who are
eligible, to take advantage of the opportunity to get vaccinated. Businesses and the community depend on
each person's individual actions. He wished everyone a Happy Valentine's Day and to stay safe and well.
12. ADJOURN
With no further business, the Council meeting was adjourned at 9:00 p.m
MIC �AEL tLSON, MAYOR
ASS4CITYCLE
Edmonds City Council Approved MlnUleS
February 9, 2021
Page 13
Public Comment for 2/9/21 Council Meeting:
From: Ken Reidy
Sent: Monday, February 8, 2021 6:15 AM
To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council)
<publiccomments@edmondswa.gov>
Cc: Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov>;
Nelson, Michael <Michael.Nelson @edmondswa.gov>; Passey, Scott
<Scott.Passey@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com>; Hope, Shane
<Shane.Hope@edmondswa.gov>; Williams, Phil <Phil.Wllliams@edmondswa.gov>; Neill
Hoyson, Jessica <Jessica. Neill Hoyson@edmondswa.gov>; reed h@wciapool.org; Ann Bennett
<annb@wciapool.org>
Subject: Public Comments for the February 9, 2021 City Council Meeting
Packet Page 183 indicates Councilmembers will be allowed to ask "Questions?" at the end of
the Overview of WCIA Annual Audit on Tuesday night. Packet Page 171 declares: "WCIA has
evolved from the original nine members to a financially strong liability and property pool of
over 150 members, with one common goal; to aggressively manage members' financial risk."
Please take this opportunity t❑ represent your constituents and ask how far WCIA is willing to
o to "aggressively manage members' financial risk". History shows WCIA is willing to:
1. Go "well beyond" the Court and Hearing Examiner's Orders. (See Stephanie Croll's June
15, 2007 email to Duana Kolouskova, cc'd to Duane Bowman and W. Scott Snyder.)
2. Ignore knowledge of an incomplete subdivision application and simply exclaim "As
you know, the neighbor's right-of-way issue is goofing things up. Hopefully, the
permit(s?) will issue before Tuesday, and the Settlement can be approved." (See
attached Stephanie Croll email to Duana Koluskova).
Is WCIA really an organization the City of Edmonds wants to be affiliated with?
Please also remember Scott Snyder's famous September 16, 2010 email to former City
Councilmember Steve Bernheim that included the following:
"You are also aware of the liability issues_ relative to Thuesen that forced the city
(administration) to push the issue."
As I have long said, a City with integrity, does not "push the issue" due to so
called "liability issues".
The following is found in the December 1, 2009 Edmonds City Council Minutes (highlighting
added):
Edmonds City Council Approved Minutes
February 9, 2021
Page 14
Councilmember Bernheim inquired about the independent counsel who reviewed the matter.
Mr. Snyder explained he asked WCIA to do pre - litigation review of Mr. Reidy's claims.
Councilmember Bernheim asked if that was the same person who participated in the Thuesen
lawsuit settlement. Mr. Snyder answered Ms. Kroll was the co- counsel appointed by WCIA.
Councilmember Bernheim commented he was not aware that the independent counsel had
previous involvement and advocacy in this case. He was surprised to learn that the attorney
selected to conduct the independent review had been an active participant in the Thuesen
settlement agreement. Mr. Snyder explained he applied to WCIA for pre - litigation review and
WCIA assigned the attorney. He did not feel it appropriate to designate an attorney or
challenge the person they appointed. Councilmember Bernheim expressed concern that her
previous role had not been disclosed and with the appearance of non- objectivity.
In conclusion, is WCIA really an organization the City of Edmonds wants to be affiliated
with?
Thank you for reading this and giving it your full consideration.
Ken Reidy
P.S. Packet Page 183 indicates Edmonds used $80,765.11 of Pre -Defense WCIA Member
Services. The Group 4 Average was $2,584. Why the dramatic difference?
Attachment:
(425) 451-2818 (fax)
-----Original Message -----
From: Stephanie E. Croll (mailto:SCroll@kbailg E+ygm.com]
Sent: Wednesday, July 18, 2007 12:15 PM
To: Duana Kolouskova
Subject: Theusen permit
As you know, the neighbor's right-of-way issue is goofing things up.
Hopefully, the permit(s?) will issue before Tuesday, and the Settlement can
be approved. If not, then we may have to wait 2 weeks for Council to meet
again.
Should we think about entering an agreed Stay in the Court of Appeals if
we have to wait 2 weeks? I don't want us to get sanctioned for failure to
meet deadlines, etc.
Stephanie E. Croll
Keating. Bucklin & McCormack, Inc., P.S.
800 Fifth Avenue. Suite 4141 Sea ttle, WA 98104-3175 phone(206)623-8861
fax (206) 223-9423
Edmonds City Council Approved Minutes
February 9, 2021
Page 15
From: cdfarmen
Sent: Sunday, February 7, 2021 12:06 PM
To: Council <Council@edmondswa.gov>
Cc: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Tree code
Dear Council Members,
I was very glad to hear that UFMP and the term ecological were mentioned in your last
meeting. I am hopeful such a conversation will lead to a good tree code that provides tree
retention and protection over "cut and pay".
I understood that when the moratorium on subdivisions was approved, the primary motivation
was to protect as many trees as possible with respect to the proposed development of the
wooded property between Seaview Park and Perrinville. The new Conservation Subdivision plan
seems to have been added to the tree code to address that situation.
However, the new subdivision plan does not account for the unique nature of that property.
Based on Mr. Lien's case examples, it's application seems more appropriate for the usual
relatively level building site with a small cluster of trees. I do not see how that plan would deal
with a 5-acre wooded site consisting of two deep ravines, several steep slopes ranging from
83% to 134%, and a high plateau? ( The slope data is from the Geotechnical report found in the
2005 Angler's Crossing PRD files.)
This is a "one of a kind" like no other, privately owned property in the city. In addition, this is a
major part of the headwaters and drainage of Perinnville Creek that needs to be protected.
A separate flexible development plan needs to be created to preserve as much as the natural
features, ecology, and tree canopy as possible. Possibly the Conservation Subdivision plan can
be built upon allowing for the clustering of homes where the topography and tree groves
dictate where the building sites are located. Without significant modifications to that plan, the
direction of the new plan will do very little for Seaview/Perinnville woods.
There are specific aspects of the city's Comprehensive Plan that apply to such unique terrain
properties and needs the council's serious consideration.
Residential Goal A.6 Require that new residential development be compatible with the natural
constraints of slopes, soils, geology, drainage, vegetation and habitat.
Open Space Goal. A.2. All feasible means should be used to preserve the following open spaces;
A.2.d. Areas that have steep slopes or are in major stream drainage ways, particularly those
areas which have significance to Edmonds residents as watersheds or natural drainage ways.
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February 9, 2021
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Similar statements are found in the UFMP under the section titled "Private Land Clearing". It
references Chapter 18.45.00 "Purposes" section of the Land and Clearing and Tree Cutting
code.
There are also other alternatives being employed by different townships, such as the "cluster
developments" designed to maintain the unique character of a site, maintain and conserve
larger open space areas, and protects and/or enhances sensitive environmental and wildlife
areas. Some require as much as 50% open space.
I understand it's not an easy task to decide how areas with special topography, hydrology,
ecology, and an established tree canopy are allowed to be developed. But, it's not an
impossible task either as seen with other communities that have been faced with similar
challenges.
The following article discusses the concept of conservation subdivisions.
Terrain.org: "Cultivating Natural and Cultural Landscapes through Conservation Subdivision
Design"
February 10,. 2008, NorthAssocAdmin
"Terrain.org is an online journal devoted to smart growth that's integrated with the natural
environment. It won a 1999 Media Award for Sustainable Development and has an entire
category devoted to UnSprawl. Randall Arendt's article, "Cultivating Natural and Cultural
Landscapes through Conservation Subdivision Design", is a good example of increasing
sensitivity among Smart Growth advocates for development that respects existing natural
features and key elements of neighborhood character. Some excerpts:
If you have ever driven by a development site both before and after construction, you will
probably have noticed how drastically the pre-existing landscape, both natural and cultural, has
been altered, sometimes almost beyond recognition. Very typically, woodlands have been
felled, hedgerows have been pulled up and cleared away, the natural contours of the terrain
have been ironed out into dead -flat building platforms, drainages have been relocated, old
houses and barns have been razed.
Usually, not as obvious is the lack of necessity for many of those changes, which forever
impoverish the community by permanently erasing special features that are often impossible to
replace or replicate. The loss of habitat, familiar landscapes, and character -defining buildings
are often the result of indifference by developers and their engineering consultants, and
ignorance of practical alternatives by local planning staffs and officials who approve such
proposals, based on outdated zoning and subdivision codes which legitimize this kind of
corporate and municipal misbehavior...
At the heart of ["conservation planning"] is the idea that the residential subdivision design
process can be reformed so that such developments become a major tool for achieving a
community's conservation objectives, at no additional cost to developers. In fact, studies have
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shown they save money on expensive site grading and street construction, and that the lots
tend to sell more quickly and at premium prices...
The critically -important first step consists of inventorying resources worth designing around
and preserving, either because they represent daunting obstacles to development (such as
wetlands, floodplains, and steep slopes), or because they encompass special value -adding
natural or cultural features that are extremely vulnerable because they are NOT located in [
designated] unbuildable areas... "
My hope is that a good tree code in conjunction with a flexible subdivision plan can be
developed to preserve any ecologically sensitive site within the city of Edmonds. A code that
limits accommodations to the developer and boldly stands tall for the trees that make up the
city's canopy.
Respectively submitted,
Duane Farmen
Seaview resident
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February 9, 2021
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