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Cmd022321EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING APPROVED MINUTES February 23, 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 ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Angie Feser, Parks, Rec. & Cultural Serv. Dir. Jessica Neill Hoyson, HR Director Shannon Burley, Deputy Parks & Recreation Dir. Dave Turley, Finance Director 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 L. Johnson 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. 4. PRESENTATION ANNUAL REPORT -SOUTH COUNTY FIRE AND RESCUE Thad Hovis, Fire Chief, South County Fire, introduced Assistant Chiefs Jason Isotalo and Mike Fitzgerald; Deputy Chiefs John Chalfant, Bob Eastman, Shaughn Maxwell and David Wells; IT Manager Mike Vermeulen; and three members of the South County Fire Board of Commissioners, Board Chair Greg Urban, Bob Meador and Jim Kenny. Edmonds City Council Approved Minutes February 23, 2021 Page I Chief Hovis explained South County Fire (SCF) remains fully engaged in the additional work created by the pandemic which for SCF began January 21, 2020 they when transported the first known COVID-19 patient in the United States to Providence Medical Center in Everett. Since that first transport, SCF has transported an additional 566 COVID-19 patients to local area hospitals. New data from Snohomish County shows there have been nearly 29,000 confirmed COVID-19 cases. Over 1,900 of those cases required hospitalization and 498 of those people lost their lives to the virus. Today there are still 35 people hospitalized with COV1D-19 in Snohomish County and 5 of them currently require ventilators to breathe. There is hope and better news in the current data which illustrates the Snohomish County's case rate has been declining since January. Chief Hovis expressed gratitude to the City of Edmonds for taking an early lead in Snohomish County along with other cities to recognize that COVID-19 is, was and will be for some time a significant public health threat to local communities. Edmonds noticed that threat and declared a state of emergency within the City. He thanked Mayor Nelson, Councilmembers, the City's Safety and Disaster Coordinator Craig Cottrell, and the Police Chief for their collaboration with SCF these past 13 months. Chief Hovis noted all images shown in their presentation without masks and no social distancing were taken prior to the implementation of pandemic safety requirements. He reviewed: • South County Fire Service Area o Formerly 5 separate agencies (Districts 1 and 11, Edmonds Fire, Lynnwood Fire and Mountlake Terrace Fire) now within the RFA's jurisdiction o Covers 50 square miles, protecting over 250,000 residents with 14 fire stations o Map identifies apparatus and firefighters at each location o Personnel are led by Assistant Chief Isotalo and Deputy Chief Chalfant o All SCF stations have a minimum of three personnel on duty 24/day including all three Edmonds fire stations o Some SCF stations have 5-8 personnel on duty each day, staffing levels are based on service demands of the geographical area each station primarily serves • Serving our Citizens o Fires o Medical emergencies o Motor vehicle collisions o Hazardous materials incidents o Rescues o Marine response o Other hazards and emergency situations Emergency Medical Services, led by Deputy Chief Maxwell o Our most requested service: 86% of incidents in Edmonds are dispatched as EMS incidents o All firefighters are emergency medical technicians or paramedics o Our cardiac arrest save rate across the RFA is greater than 50%, well above the state and national average Community Paramedics, in partnership with the Verdant Health Commission o Non -emergency service to help reduce 911 calls and hospital use o Serves older adults, mental health patients, disabled people, homeless and veterans o Breaks down barriers and creates access to care o By the Numbers in Edmonds 11 months of data 12 months of data (average) Enrollments 151 164 Visits 94 102 Phone 612 667 Contacts email, text, fax) 125 136 Edmonds City Council Approved Minutes February 23, 2021 Page 2 o For Edmonds patients enrolled in the program in 2020 ■ 39% reduction in 911 calls ■ 43% reduction in emergency department visits Regional Training o Benefits of regional training ■ Sharing instructors and expertise ■ Reducing duplicated efforts ■ Breaking down borders with neighboring fire agencies will allow us to work together more effectively on mutual aid incidents o Sno. County Fire Training Consortium ■ South County Fire, Everett Fire, Marysville Fire, Snohomish Regional Fire & Rescue and Snohomish Fire District 4 Snohomish County Fire Training Academy, o Academy 2020-1: 23 recruits ■ 10 from South County Fire ■ 11 from Everett Fire * 2 from Paine Field Airport Fire o Academy 2020-2: 36 recruits ■ 17 from South County Fire ■ 2 from Arlington Fire ■ 4 from Everett Fire ■ 5 from Marysville Fire ■ 3 from North County RFA ■ 5 from Snohomish Regional Fire o Snohomish County Fire Training Academy Class 2021-1 ■ SCF Training Division led by Deputy Chief Wells ■ 39 recruits at two locations, including 14 from South County Fire ■ South County Fire Facility: Arlington, Arlington Heights, Camano, Marysville, North County, Tulalip Bay and South County Fire ■ Snohomish (Fire District 4) Facility: Everett, Fire District 4 and Snohomish Regional Fire & Rescue Edmonds Fire Prevention o Development Review & Construction Inspections 2020: ■ 216 business license inspections ■ 800+ maintenance/follow up inspections ■ Due to the pandemic, crew inspections ended in January, but the division did COVID-19 compliance inspections for the City, per state mandates ■ 415 construction inspections ■ 138 compliance inspections. These include public reports of non-compliance ■ 4 special event inspections ■ 56 COVID-19 related business inspections ■ 804 plan review hours ■ 85% of single-family homes constructed had sprinkler systems installed o Major projects: * Edmonds Post Office Phase II (Finished in March 2020) ■ Edmonds Senior Center ■ Main Street Commons Anthology Senior Living ■ Graphite Arts Studio ■ Graphite Apartments ■ Westgate Village (Finished in June 2020) Edmonds City Council Approved Minutes February 23, 2021 Page 3 ■ Westgate Apartments (Finished in June 2020) ■ Kisan Townhomes (18 units) ■ Magic Toyota (Finished in January 2020) ■ Doug's Mazda Service Center (Finished in September 2020) ■ Doug's Mazda (Finished in July 2020) ■ GRE Apartments (192 units) ■ 234th Apartments (240 units) ■ Community Health Expansion r Major Incidents o Pandemic, South County Fire, Patient Zero, January 20, 2020 o Fire Residential, 8109 205th St SW, February 06, 2020 o Fire Commercial, 9627 Firdale Avenue, March 13, 2020 o Fire Residential, 22414 72 PI W, June 18, 2020 o Rescue/Recovery, Lake Ballinger, July 19, 2020 o Fire Residential, 9315 220 St SW, July 20, 2020 o Fire Residential, 8721 191 PI SW, August. 14, 2020 o Water Rescue, 336 Admiral Way, September 7, 2020 (3 rescued) o Water Rescue, 498 Admiral Way, September 23, 2020, (1 rescued) o Fire Residential, 8104 220th St SW, September 24, 2020 o Med-X (Shooting), 22618 Hwy 99, September 29, 2020 (3 transported) o Fire Commercial, 24001 Highway 99, November 02, 2020 o Fire Commercial, 9601 Firdale Avenue, December 23, 2020 • Virtual Outreach and Education o Community outreach and education continues during the pandemic with online and virtual offerings. 0 154 residents of Edmonds participated in online classes in 2020. o Classes ■ ACT First Aid & CPR Disaster Preparedness ■ Child Car Seat Safety ■ Virtual Car Seat Checks * Home Fire Safety ■ Introduction to Zoom ■ Aging in Place ■ Child Safety & CPR o For kids and families ■ Online Kids Fire Camp ■ Online Kids Fire Academy ■ Virtual Classroom Visits o Videos and virtual events * EMS Open House ■ Edmonds Neighborhood Virtual Open House 9/11 Memorial Ceremony ■ Falls Prevention Education = Fire Prevention Week: Serve Up Fire Safety in the Kitchen ■ Community Risk Reduction, managed by Assistant Chief Fitzgerald o One of 25 departments in the nation selected to participate in a grant -funded pilot project on assessing community risks o Data -driven process o Identify, prioritize and plan to reduce risks specific to the communities we serve ■ COVID-19 Pandemic -Emergency Response Edmonds City Council Approved Minutes February 23, 2021 Page 4 o New precautions on 911 medical calls ■ South County Fire guidelines for PPE use and operations to protect firefighters and the public are being used as a model internationally. o Coordinated regional response ■ Fire Operations Center: Established with other county fire agencies to provide unified tracking, planning and response to the outbreak to better serve all our communities. ■ Snohomish County Emergency Coordination Center: South County Fire has been involved in the coordinating efforts countywide including securing PPE supplies for first responders and other long-range planning ■ COVID-19 - Community Outreach o Community Paramedics and Community Outreach staff are working closely with our community partners to serve many of the city's most vulnerable residents during the pandemic. o We're seeing more patients with more complex needs requiring more staff time. o Safely connecting: Porch visits, telehealth and weekly check -in calls. o Senior living support: Working closely with senior living communities. This includes ongoing communication for EMS related issues, helping with access to PPE and distribution of cloth masks. o Community Resource Guide: South County Resource Guide, created early in the pandemic and updated regularly on our website, helps those in need navigate community resources such as access to food, medical care, prescriptions and mental health assistance. Community partnerships: Edmonds Senior Center, Verdant Health, Homage and others. ■ COVID-19 Pandemic -Vaccinations o South County Fire is joining 22 other county fire agencies in taking a lead role in the massive effort to vaccinate our communities against COVID-19. All 23 county fire agencies are collaborating as part of the Snohomish County Vaccine Taskforce to manage several drive - through and mobile vaccination sites. All taskforce vaccine clinics are run under the guidance of the Snohomish Health District and Snohomish County Department of Emergency Management. o Deputy Chief Bob Eastman has been instrumental in this initiative as a liaison to the Director of Snohomish County Department of Emergency Management o Drive -through vaccination sites currently managed by Snohomish County fire agencies include the Evergreen State Fairgrounds in Monroe and the Arlington Municipal Airport. o Mobile vaccination units are currently visiting adult family homes and high -risk in Edmonds and other communities throughout Snohomish County. o In Edmonds, South County Fire teams have vaccinated 132 residents and staff at 23 adult family homes as of Feb. 15th. Deputy Chief Bob Eastman reviewed: ■ Emergency Responses - 2020 by the numbers and contract -required metrics o How many calls ■ Total incidents in the City of Edmonds in 2020: 4,977 ■ 2015: 5,291 ■ 2016: 5,294 ■ 2017: 5,215 ■ 2018: 5,555 ■ 2019: 5,486 ■ 2020: 4,977 o What Type of Calls ■ 86% of calls are dispatched as emergency medical aid - 33% Advance Life Support - 53% Basic Life Support Edmonds City Council Approved Minutes February 23, 2021 Page 5 * 9% fire ■ 5% other o Response Times * Looks at 8-minute response time in four categories * This measures Sno911's call receipt to arrival ■ Comparisons of data for 2018, 2019 and 2020 in Response times are getting longer o Percentage of calls within 8 minutes or less ■ 2018: 75.72% ■ 2019: 73.45% ■ 2020: 56.19% o Response time on 90% of calls in this category ■ 2018: 0:09:29 ■ 2019: 0:09:42 ■ 2020: 0:10:40 o COVID-19 has had an impact on response times * Snohomish County Fire Chiefs implemented Protocol 36 specific to pandemics that stopped expedited dispatch (dispatches closest fire unit before determination made of event type) and allowed dispatcher to complete all questioning to determine if met criteria for COVID-19 so crews could be advised whether call was a Protocol 36 response which requires appropriate PPE ■ Tends to increase dispatch time by approximately 1 minute. ■ Was done for approximately 6-7 months before South County returned to expedited dispatch. During the majority of pandemic, all responders have been required to wear full PPE (gowns, gloves, N95 masks, face shields) for every patient due to the prevalence of COVID-19 over the last 9 months in Snohomish County and to keep staff safe. o Turnout Time 10 Measures the time from when 911 call is dispatched to the time the apparatus leaves the station ■ The reporting standard in the contract is different from the city's adopted standard in the 1756 compliance report: 2:15 (contract) vs. 2:45 (compliance report) * South County Fire meets and exceeds the city adopted standard of 2:45 (93.02%) o Turnout time percentage at 2:15 2018: 75.445 '+ 2019: 82.34% ■ 2020: 81/28% 0 90% turnout time ■ 2018: 2:49 ■ 2019: 2:34 ■ 2020: 2:34 Neighboring Unit Utilization Factor (NUUF) o What it evaluates: ■ Response of units across jurisdictional boundaries o What the numbers mean: * 100% = an equal balance of cross jurisdictional response ■ Contract considers 90%-110% to be within balance range * Over 100% = units from neighboring jurisdictions are responding into Edmonds more than Edmonds units are responding outside the city o Why does this matter? It We have a regional emergency delivery system Edmonds City Council Approved Minutes February 23, 2021 Page 6 ■ This evaluates if level of service decisions in one jurisdiction negatively impact a neighboring jurisdiction • Neielihoring Unit Utilization 2018 2019 2020 Mountlake Terrace 133% 130% 157% Lynnwood 202% 210% 252% RYA 148% 162% 197% o Neighboring fire units respond into Edmonds more than Edmonds units respond into neighboring jurisdictions ■ Mountlake Terrace units: 57% more into Edmonds ■ Lynnwood units: 152% more into Edmonds ■ RFA units: 97% more into Edmonds • Unit Hour Utilization Factor (UHUF) o What it evaluates: Percentage of time a fire unit is on a call o What the numbers mean: The higher the number, the busier the unit is ■ Unit Hour Utilization Factor is up for Edmonds stations, but within compliance with contract standards ■ This number is up at all Edmonds fire station ■ 20% is the trigger to start looking at deployment options and additional resources o Unit Hour Utilization 2018 2019 2020 Station 16 15.06% 14.72% 13.79% Station 17 13.11% 11.75% 10.79% Station 20 17.36% 17.40% 15.94% • Transport Balancing Factor (TBF) o Looks at the balance between: ■ EDMONDS 4 OUTSIDE CITY - The number of times Edmonds -based units are doing transports outside the city ■ OUTSIDE CITY 4EDMONDS - The number of times South County Fire units based outside the city are doing transports in Edmonds ■ A factor of 1.0 means = in balance o In 2020, the factor was over 1.0 ■ OUTSIDE CITY units transporting in Edmonds MORE THAN Edmonds units transporting OUTSIDE CITY ■ Jan -June 1.162 ■ July -Dec 1.100 • 2019 1.135 Jan -Jun Jul -Dec 2020 RFA transports in the City 215 154 369 Edmonds transports not in the City 185 140 325 TBF 1.162 1.100 1.135 • Other required metrics o Transport fees billed and collected in Edmonds and Esnerance Edmonds Billed Edmonds Collected Es erance Billed Es erance Collected 2018 $2,374,490 $1,013,928 $135,776 $53,080 2019 $2,310,729 $973,880 $118,595 $48,838 2020 $2,164,260 $896,643 $85,807 $34,927 o Jhorelme units into Edmonds (measured in incident responses) ■ 2018 103 Edmonds City Council Approved Minutes February 23, 2021 Page 7 • 2019 119 • 2020 56 o Edmonds unit into Woodway (measured in seconds) ■ 2018 164 ■ 2019 5,288 2020 5,544 Standards of Cover Compliance 756 reDort and RCW Standard 2018 2019 2020 Turnout Time in Standard of Cover 2:45 2:49 2:34 2:34 Turnout time in contract 2:15 2:49 2:34 2:34 First arriving engine company to a fire 6:30 7:32 7:13 6:50 Full first alarm assignment at residential fire 7:45 1 8:32 11:36 8:39 Full first alarm assignment at commercial fire 9:00 10:57 11:49 12:00 BLS response 5:15 6:00 1 6:17 6:31 ALS response 6:45 5:40 6:02 6:13 With regard to vaccinations, Chief Hovis relayed there are 49 adult family homes in Edmonds registered with the Snohomish Health District. SCF has vaccinated 132 residents and staff in 23 of those homes, and a pharmacy vaccinated residents and staff of 15 others. Eleven homes are pending and will be vaccinated by either SCF or another resources such as a pharmacy. In 6 of the 23 adult family homes (35 individuals), SCF has provided a second dose of the vaccinations. SCF is also doing outreach to long-term care facilities and adult family homes throughout the RFA. The total number of field vaccinations provided by SCF to date is 1400. He commented it is often better to bring the vaccine to someone who has a difficult time getting to a mass vaccination site. The plan is to continue these efforts as public health assigns them until everyone who wants to be reached has been. Chief Hovis recalled when SCF made their presentation to Council in October, he mentioned that SCF had a 6-year fire benefit charge on the November ballot. Although the fire benefit charge does not apply to residents of Edmonds, he reported the measure passed with over 70% voter approval. In 2021 SCF will continue to minimize risk to employees and their changed role in keeping residents of the City of Edmonds and all the RFA safe by providing effective fire and EMS response as well as assisting with vaccinations when they can. The valued 11-year partnership between SCF and the City is going strong. He emphasized everyone can do their part to help against COVID-19 by practicing the 3 Ws — wear a mask, wash your hands and watch your distance as those truly do appear to be having a positive impact along with vaccinations. Chief Hovis summarized he was proud and honored to lead the men and women of SCF and humbled by the Commission's confidence in the entire leadership team as well as the City's trust and support to carry out their agencies mission to protect life, property and the environment. Councilmember Buckshnis congratulated SCF on the passage of the benefit charge. She referred to the response time graph and asked if response times for other cities were available for comparison or was the breakout for Edmonds provided due to a requirement in the ILA. Chief Hovis answered by contract SCF is required to provide an annual report and compliance report to Edmonds followed by a meeting with Council and the Commission. Mountlake Terrace's contract also requires a single meeting to provide an annual report and the 2020 SCF annual report will be provided to Brier; they do not request a specialized report. When the SCF 2020 annual report is completed and presented to Brier, it will include a breakdown of each contract city as well as the RFA in general. Edmonds City Council Approved Minutes February 23, 2021 Page 8 Councilmember Buckshnis applauded SCF for instituting Protocol 36 to keep the front line safe. She referred to the Neighboring Unit Utilization Factor and asked if there was information on when Edmonds responded to other cities. Deputy Chief Eastman answered this information is specific to the ILA; it looks at the three contract city stations' units and how often Mountlake Terrace (station 19) goes into Edmonds, the three stations in Edmonds going into Lynnwood and Mountlake Terrace, Station 15 and 14 (minus the battalion chief) total time on task, the three cities' stations response into all the RFA and all the RFA into the City of Edmonds. None of the other agreements require this comparison. Councilmember Buckshnis asked if that will be part of the annual report. Chief Hovis said the annual report will provide a global look regarding mutual aid given and received for all agencies. Councilmember L. Johnson thanked SCF for the presentation and everyone at SCF for their dedicated service. She referenced SCF's Community Paramedic Program and commended them for serving at risk individuals with a focus on breaking down barriers and the notable reduction in 911 and ER visits. She asked how long the program had been in place, how it came about, whether there were plans for expansion, and did the program partner with cities that have human services programs. Deputy Chief Shaughn Maxwell explained SCF did a lot of research for the program internationally; the final model is based on Canada which is way ahead of the U.S. in this work. At the time, the laws in Washington State did not allow EMTs and paramedics to do this so SCF led an effort to change the law in Washington State to allow these programs. These programs are now operating all over Washington, the United States and Canada. The Community Paramedic Program is a branch of the fire service and is a growing area that differs from emergency medical and fire services. The need is great and could be expanded as much as cities and counties want. Chief Hovis added SCF has an imbedded social worker as part of the program. Legacy FD1, now SCF, worked with the Verdant Health Commission and Chief Maxwell is the main point of contact with Executive Director Lisa Edwards and her team. SCF has also done outreach to law enforcement who have a vested interest in face-to-face contact and outreach. Several other Snohomish County cities have expressed interest in expanding and integrating with the Community Resource Paramedic Taskforce that is led by Chief Maxwell. Councilmember L. Johnson that fabulous and very exciting. Councilmember K. Johnson suggested next month SCF address section 4 of the contract regarding Council - adopted standards not met. The presentation identified a number of standards that have not been met, but did not discuss the predictable consequences of failing to meet the adopted standards and the steps necessary to correct deficiency in order to achieve compliance. In some areas, there were only four incidents and one threw the standard off. She suggested it would be helpful to have those kinds of statements in the summary as well as any steps necessary to correct deficiencies. Chief Hovis appreciated the comments and said they would love to have that discussion. It was his understanding that since the Council adopted that standard, based on a legislative standard, it has not been met since 2006. The primary drivers for increased service or decreased response time are related to personnel, apparatus and station placement. The existing ILA which dates back to 2010, revised in 2016, sets the standard of one captain, one firefighter, and one firefighter -paramedic at each station. Next month's discussion could take a deeper dive into that Councilmember Olson reaffirmed her and the Council's interest in the exchange between cities and how Edmonds also supported other cities. She always enjoys SCF's presentations and thanked them for the variety of things they do and ways they serve the community. Chief Hovis thanked Councilmember Olson for her comments and said they enjoy visiting with the Council even virtually to discuss the services SCF provides. He assured Chief Eastman would provide those NUUF numbers and the exchange between cities. Council President Paine thanked SCF for the interesting presentation. She asked about the expectations of the Community Paramedic Program, whether it had been in place since 2013 or only since the new legislation was passed. She also asked if SCF expected to see a reduction in the number of calls and how Edmonds City Council Approved Minutes February 23, 2021 Page 9 that would impact response times. Deputy Chief Maxwell commented those were complex questions that might take more than he can offer in this meeting. He explained some of the people are not getting their needs met. One of their first patients had called 911 for police and fire 82 times. The person ended up being a very sweet lady who was a U.S. Air Force veteran. After 82 calls, the community medic had a cold cup of coffee with her and was able to connect her with the VA. Eight -two calls resulted in a visit to the VA and a community member feeling that someone took an interest in them. Although it is sometimes hard to quantify individual cases, they know it makes it a difference. Deputy Chief Maxwell explained the program started with a partnership with the Verdant Health Commission in 2013; Verdant has been a strong partner but their funding has been stepping down in the last few years. Unless Verdant choses to renew the funding, this will be the last year they will provide funding for this program. Council President Paine thanked him for the example, commenting the program has provided a nice reduction in 911 calls, recognizing that not all 911 calls result in a response to someone's home. Chief Hovis commented the program started with one community resource paramedic in 2013, Lynnwood who joined the RFA in October 2017 also had a community resource paramedic and a third was added, for a total of three community resource paramedics as well as a single imbedded social worker and an admin assistant who does data analysis and outreach. The scope of the team has greatly expanded, but it is not something in the contract between Edmonds and SCF, but something that Verdant has supported financially and legacy FD 1/SCF has seen the value to the community. It will be an important tissue for the RFA, partner cities and unincorporated areas in the RFA to think about how to help these people if that funding ends. Council President Paine expressed her appreciation for all the work SCF has done for the community, particularly during this past year when conditions have been so treacherous for emergency responders. Councilmember Fraley-Monillas said she was pleased to hear about the work SCF is doing with their imbedded social worker and their important connection with the community. She referenced the introductions of assistant and deputy chiefs and asked if any of them were women. Chief Hovis answered not right now. Councilmember Fraley-Monillas asked the percentage of women to men. Chief Hovis said there are 275 FTEs in the uniform staff, approximately 15-20 are women. He offered to provide exact statistics for SCF and nationally, noting SCF exceeds national numbers. The SCF's HR Director Sandra Hollenbeck has done tremendous outreach; there are a number of female firefighters in the current recruit academy. SCF is engaged in letting people know a career in the fire service does not have to be something you decide in high school, and is not gender or race specific. People start their careers at many different ages; Gen Y, millennials and beyond may want to step into a different career. He commented on the amazing transformation change since he was a volunteer firefighters in Edmonds in the mid-90s and hired in Mountlake Terrace. Councilmember Fraley-Monillas was pleased to see more and more women were representing fire departments. She knows a couple female firefighters and was amazed at the work they do and she was proud SCF was moving forward in that direction. Councilmember Distelhorst thanked Chief Hovis for the presentation and Chiefs Maxwell and Eastman for sharing additional information. He expressed appreciation for all the partnerships from regional at the county level to health districts, SnoCo DEM, public hospital district and the work the community paramedics do in Edmonds that show the full breadth of services. Hearing the story from Deputy Chief Maxwell illustrates the importance of focusing on the individual and residents. He thanked SCF for all their work and looked forward to next month's discussion. Chief Hovis thanked Councilmember Distelhorst for his comments, noting they were a "shot in the arm" for all the chiefs and commissioners who appreciate the Council and Mayor Nelson. Councilmember Distelhorst said he was looking forward to his shot in the arm when he was eligible. Edmonds City Council Approved Minutes February 23, 2021 Page 10 Councilmember Buckshnis referred to the standard of cover compliance and asked about the statistic used to create the graphs, specifically whether Edmonds had a first full alarm fire. Deputy Chief Eastman answered Edmonds had 3 commercial fire incidents and 4 first alarm assignment for residential fire in 2020. Chief Hovis referred to major incidents listed in slide 9, some of which are reflected in the standard of cover compliance numbers. For example, the Firdale Village incidents, a first -alarm assignment at a residential fire is a minimum of 15 firefighters on scene and full first alarm assignment at commercial fire is a minimum of 18 firefighters on scene active fire, a commercial or residential confirmed. Mayor Nelson said he looked forward to seeing SCF in person in a year from now. He thanked Chief Hovis, the assistant and deputy chiefs and commissioners, looked forward to seeing them soon and urged them be safe. 5. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson invited participants and described the procedures for audience comments Hrithik Nayer, Edmonds, said he is new to Edmonds and this is his first time attending a City Hall meeting. He wanted to introduce himself and say Edmonds is a really wonderful city, he loves living here and would like to learn more about things he heard in today's meeting. He is a former political science student with some experience related to government. He was born and raised in California and found the information provided by South County Fire interesting, particularly what they go through with regard to COVID-19. He is new to the idea of municipal government but found it fascinating to witness, living in Edmonds. As a person raised outside the area, he is learning more about western Washington, districts and how political maps are drawn. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) 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 16, 2021 2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 8. NEW BUSINESS CITY'S CLIMATE ACTION Development Services Director Shane Hope explained as the Council knows from all the work the Council, Mayor and public has done, climate has been a big issue in the City for a number of years. A lot of work and actions have taken place to develop climate solutions, sustainability solutions which includes establishing the Mayor's Climate Protection Committee (MCPC), establishing a Climate Action Plan (CAP) in 2010, etc. In more recent years, the Council adopted Resolution 1389 to increase and renew some Edmonds City Council Approved Minutes February 23, 2021 Page I 1 of that work which include a new greenhouse gas inventory, updating the CAP and developing clean energy strategies. A consultant conducted the greenhouse gas inventory and identified strategies for reducing greenhouse gas including a target which the Council later adopted, 1.5°C for any change to the City's share of the temperature with net neutrality for greenhouse gases by 2050. The City has been working on a number of efforts to help that happen including working with the MCPC and City staff as well as actions the Council has taken to approve actions and budgets to move these things forward. Ten strategies were identified along with goals for each that relate to buildings and energy, reduction of greenhouse gases, transportation, waste, natural resource protection, carbon sequestration, etc. The strategies helped form the basis for where to go next with the updating CAP. An open house was held on February 18' for the general community about climate change and what City can do, particularly looking at the CAP update. The CAP was developed in 2010 and plans are underway to update the plan. In addition to the open house, a climate action webpage has been developed, a special site to provide comments as well as an online survey and mailed survey. The intent is to increase awareness about the climate crisis and what can be done but also gather input about what the City and private individuals can do to reduce climate effects. The City also plans to hold a workshop on March 25"'. Ms. Hope was excited about these opportunities and having the CAP updated before the end of the year. The next several months will be an opportunity for community engagement and input, developing a draft, seeking further input on the draft, and presenting the draft to the City Council. A lot of work has already been done, but it is important get community input to ensure citizens are aware of opportunities and to seek ideas. She recognized Edmonds by itself cannot fix the climate crisis, but can do its share to make things better, encourage other communities to the same as well as be an example. Edmonds has worked on a number of things over time including infrastructure projects such as improvements at the WWTP, adopting new building standards to improve energy efficiency, etc. Future efforts include updating regulations related to tree protection, energy infrastructure, electric vehicle charging, etc. that relate to programs such as encouraging more solar usage. Installation of solar panels is one of the measures for addressing climate affects. Technology is helping to reduce the gap between what can be accomplished with the strategies and what's left to reach the ultimate goal by 2050. Some of that gap can be reduced via actions taken by the state legislature related to energy usage and energy resources. Great strides are being made in batteries to store electricity, use of natural resources (wind, solar), electric vehicles and alternative energy equipment. Ms. Hope recognized the Council and Mayor's commitment to reducing the City's climate footprint. Efforts to respond to the climate crisis and identify useful ideas and actions will continue including the formation of a City Climate Action Team comprised of representatives from each department to restart work that was postponed due to the COVID-19 crisis. The needs are still there, the ability to respond, be creative and think of new ways for the City. She looked forward to updating the City Council as this work continues. Council President Paine commented this is a wonderful overview of all the things the City is doing with the community and bringing education, information and useful tools to the people who live and work in Edmonds. She recognized this was a monumental piece of work to accomplish and she was glad to see the commitment to the environment. She invited Ms. Hope to inform the Council if anything was needed. Councilmember Distelhorst thanked Ms. Hope for the presentation and for leading this work. He recalled an area that has been discussed before, in addition to transportation being the sole largest emitter, is buildings and building electrification. He was uncertain if the bill the governor requested was still alive in the legislature, but a number of cities have passed building electrification measures and a Puget Sound working group has been formed. He asked if that would be considered in the CAP or was something the City Council could work on alongside the CAP. Ms. Hope responded requiring electrification for new Edmonds City Council Approved Minutes February 23, 2021 Page 12 development will be considered; there are a lot of issues associated with it and more research needs to be done before it is presented to Council. Councilmember Buckshnis relayed she attended the open house as did a couple other Counci lmembers. She relayed concern she has heard that the names of all the participants at an open house are not shown and participants can respond anonymously compared to an in -person open house where attendees can see who is there and who is speaking. She heard a couple of those complaints from this open house, but also at the Housing Commission where there was concern that without knowing who people were, people were attending to direct the messaging a certain way. She asked if there was any way to make open houses transparent and to show who the participants are. She recalled during the exercise "where we were putting things in the boxes," she saw a lot of City employees. She also expressed concern that not everyone with input was being reached. Ms. Hope answered the virtual nature of things makes it very challenging. Even if you cannot see everybody at once, virtual online meetings are useful because some people like to be anonymous and observe. Other techniques will be used, including the survey, other open houses, and the workshop where it is hoped chatrooms can be held. She pointed out online meetings are a great tool but it is not the best tool for everybody, recognizing that in -person meetings are not the best tool for everybody either. It is good to have a lot of options. If things change and in -person meetings can be held, that will be done. Technology options for smaller settings will be explored as well as online and mailed surveys and a postcard mailed to addresses in the City to inform them of ways to provide comment. Councilmember Buckshnis said the membership of Puget Sound Partnership increased due to Zoom meetings and everyone is identified at those meetings. She has heard complaints about online open houses including the one for the bike lanes and encouraged staff to think outside the box to ensure they are hearing from people. Councilmember Buckshnis referred to Recycling Coordinator Steve Fisher, now retired, who the City shared with Lynnwood, recalling he was a valuable resource for understanding recycling. She asked if there were plans to replace that position. Ms. Hope recalled that was a grant funded position. Public Works Director Phil Williams agreed Mr. Fisher did a lot of great work on recycling, waste reduction and solid waste issues. That position has not been filled; it was funded in part by a grant and he was shared with Lynnwood. Lynnwood discontinued its share after Mr. Fisher retired which increased the City's financial burden for filling the position. In addition, the grant continued to decline annually to approximately $12,000 and the cost of the position was $125,000 for the FTE, benefits, supplies, equipment and vehicle. As Mr. Fisher spent some time on water conservation, in the past the Water Utility paid the difference between the grant and Lynnwood but that amount kept increasing. It would be difficult to justify Water contributing that much to a position focused on solid waste. He agreed that was a good topic for discussion; the remaining grant funds are being used to implement an online program similar to Shoreline where people can learn about several environmental topics. Councilmember Buckshnis summarized that position was quite valuable, especially to the MCPC which Mr. Fisher co-chaired for a long period of time. Councilmember Buckshnis asked how the Climate Action Team differed from the various action groups that look at climate protection such as the Tree Board, Youth Commission, etc. and whether the Team would integrate with those groups. Ms. Hope explained the Climate Action Team is different than those groups who have their own mission, The Climate Action Team is comprised of representatives from each City department to identify things the City can do to reduce its carbon footprint such as recycling, energy savings in City buildings or fleet, etc. Councilmember Buckshnis summarized it was kind of like a suggestion box. Ms. Hope agreed, but these are people who have experience in their departments. She said Mayor Nelson is very interested in this and wants to pursue whatever suggestions make sense; some of Edmonds City Council Approved Minutes February 23, 2021 Page 13 those will come to Council as needed. Councilmember Buckshnis suggested opening that to citizens, although she acknowledged staff may get bombarded. Councilmember Buckshnis recalled the 2010 CAP was prepared by citizens and the Administration. She asked if consideration would be given to benchmarks, being Edmonds specific and how the City performed relative to the original CAP. Ms. Hope said that is being done but much of the data needs to be updated and there is new thinking and new information. Some of same citizens will be involved in providing input. Initially, consideration was given to updating the existing plan, but soon realized it needed to be rewritten. A consultant who analyzed the Comprehensive Plan and CAP found there are approximately 300 policies. The intent now is to consolidate those and establish actions and measures so there are strategies for moving forward that can be tracked. Ms. Hope explained the City deliberately moved away from an international model which although great, it is so detailed in terms of data that a great deal of time is spent on the data and not as much time on taking actions. A more streamlined version was chosen with a smaller number of measures, things that were doable, trackable and meant something such as solar panels, tree planting, electric vehicles, etc. and would help reach the goals. Also part of the CAP is identifying what else can be done and what the community contribute to the effort. Councilmember Buckshnis said she enjoyed her five years with the MCPC. She agreed the 2010 CAP could not be updated, it needed to be rewritten. The City's Strategic Action Plan with 87 items also needs to be streamlined. 2. MAYOR'S CLIMATE PROTECTION COMMITTEE ANNUAL REPORT Development Services Director Shane Hope introduced T.C. Richmond, co-chair, Mayor's Climate Protection Committee, who has been very involved, and has a good resume on climate and legal issues. Ms. Richmond explained this oral report is intended to supplement the written report in the Council packet. She reviewed: Highlights of Historic City's Climate Action 0 2006 — Mayor's Climate Protection Committee formed by Mayor 0 2009 — City conducted 15t Green House Gas Inventory 0 2010 -City adopted Climate Action Plan (CAP) 0 2019 — Updated Green House Gas Inventory — reviewed by CPC Mayor's Climate Protection Committee o Committee Members ■ T.C. Richmond, co-chair ■ Lisa Conley, co-chair ■ Nives Dolsak ■ Lisa Herb • Dawna Lahti ■ Hank Landau ■ Jenna Nand ■ Cynthia Pruitt • David Schaefer • Zen Wolfang ■ Laura Johnson — Council Rep • City Staff ■ Shane Hope, Development Services Director ■ Kernen Lien, Environmental Program Manager ■ Rob Chave, Planning Manager o Citizen members appointed by Mayor Nelson or his predecessor Edmonds City Council Approved Minutes February 23, 2021 Page 14 o Committee is advisory only ■ Bring their experience, expertise, energy and extreme energy to promote and support climate mitigation and adaptation action by the City MCPC Mission o Encourage citizens to be part of the solution o Encourage City staff and citizens to conserve current resources o Work with the City Council to implement ideas o Effectively address the future impacts of climate change 2020 Achievements of MCPC o COVID-19 forced to think/do things differently o Strengthened partnerships with other citizens o Provided input on public engagement plan for CAP update o Published articles in local media on related topics o Submitted letters of support to Council for City actions o Met monthly (online from March on) • Growing Public Support* o Global Warming is happening ■ Snohomish County - 78% • Washington- 75% o Global warming is caused mostly by human activities — 65% o Most scientists think global warming is happening - 65% o Global warming is affecting the weather - 69% *Yale University Climate Opinion Maps Sep 2, 2020 ■ Our Warming Planet from Space NASA Chart o Temperature anomality from 1880 to 2020 o Quote from Texas A&M University Andrew Dressler in responding to journalist regarding how to describe the warming planet, "It's simple, just say that every year for the rest of your life will be one of the hottest on record." • 2021 MCPC Focus o Increase thinking on diversity both in MCPC membership and outreach o Review Climate Action Plan (CAP) Update o Support City staff with public engagement o Surveys, workshop and special events ■ I" virtual workshop o- Thursday March 25 o Invite and encourage resident participation o Continue support to Mayor and City Staff ■ Future focus on adaptation leadership o Manage public health crisis that arise ■ COVID-19 and wildfire smoke o Budget for vulnerability assessment of City infrastructure o Prepare for sea level rise by reducing flooding o Implement affordable housing actions Councilmember Fraley-Monillas asked if Ms. Richmond had watched Bill Gates' greenhouse gas emissions report on 60 Minute last Sunday. Ms. Richmond said she found it very inspiring; he is so thoughtful in his approach and what she appreciated most is he recognizes there are a lot of ideas, is not a naysayers and encourages trying different ideas. Councilmember Fraley-Monillas found it fascinating that Mr. Gates said people will no longer be eating meat in 30-35 years and everything will be plant based. She also found it fascinating to hear him talk about cattle and the effects on greenhouse gases. Edmonds City Council Approved Minutes February 23, 2021 Page 15 Councilmember Buckshnis said Bill Gates also had a good discussion on Yahoo Finance where he encourages people to change. She expressed appreciation for the MCPC's articles especially the one by Jenna Nand about going vegan. She also enjoys well written reports with supporting data, commenting she plans to look up the reference to the Yale University Climate Opinion Maps. After seeing Bill Gates, she was excited about the work the City is doing, commenting this year's weather should be a wakeup call. For example, her sister in Oregon is on day 12 with no power due to ice storms and the weather and subsequent events in Texas. Councilmember L. Johnson thanked the MCPC co-chairs for putting the presentation together and Ms. Richmond for the presentation. She can attest firsthand that the CPC members are a wealth of knowledge and extremely passionate about the work and the urgency of the work to address climate change. The world is in the middle of crisis now, but when we get to the other side of the COVID, the world will still be in crisis with climate change which although a slower moving crisis, is just as important or possibly more important. She wished the climate crisis was met with the same urgency by all. She applauded the CPC members for everything they have done to pivot and adjust to ensure the goals, needs, education and urgency of the climate crisis stay in forefront of everyone's mind. She encouraged the public to join their meetings, the first Thursday of the month at 8:30 a.m. Further information is available on the City's website; the MCPC would love to have more people share information. Council President Paine was excited to see the new components and to be able to watch and participate in the workshop as a resident. She loved the new direction, using data in ways that allow people to participate in a more meaningful way. She looked forward to future presentations. Councilmember Distelhorst thanked Ms. Richmond for all the work she and the MCPC are doing. He was happy to see affordable housing included as a focus of the MCPC moving forward. Many environmental organizations are increasing their focus on land use policies and how that impacts transportation, energy efficiency, etc. Ms. Richmond recalled seeing Mr. Gates on PBS News Hour talking the impact of Texas' weather on climate migration. 9. UNFINISHED BUSINESS 1. CONFLICT COUNSEL COMPENSATION REVIEW HR Director Jessica Neill Hoyson explained this is an analysis and recommendation for the compensation of conflict counsel attorneys. Robert Boruchowitz, a public defense assessor, conducted this analysis and will present it and his recommendations to Council. Mr. Boruchowitz reviewed: • Conflict Panel Counsel o Take cases when the primary contract defender, Snohomish County Public Defender, has a conflict of interest. o All of their clients are poor and face possible jail time as well as fines and fees. o Their clients often have significant mental illness. o Their clients are disproportionately of color. • Recommendation o Conflict Counsel compensation is significantly lower than the rate paid to Snohomish Public Defense and the City's contracted prosecutors. o In order to reduce this discrepancy, compensation would need to be increased to $125 per hour. o Keeping in mind budgetary constraints, incremental increases are proposed over a 3 year period. Edmonds City Council Approved Minutes February 23, 2021 Page 16 o Increase trial counsel payment from $50 per hour to $65 per hour for 2021, and $85 per hour in 2022, and $125 per hour in 2023. o Increase appellate counsel payment from $55 per hour to $65 per hour, and $85 per hour in 2022, and $125 per hour in 2023. o Through 2022, these still would be at least $168 to $178 per hour lower than what the City pays its other lawyers • Estimated Increased Annual Cost o Approximately 65 cases were assigned to conflict counsel in 2019. o Based on a review of invoices, if the hourly rate were to increase by 30% (from $50 to $65), the increase per year would be approximately $6100. o If it were to increase 70% (to $85), the increase would be approximately $14,053. o Increasing to $125 would cost an additional approximately $29,974 for a total of $50,050 • There were fewer conflict cases closed in 2020 o Conflict counsel closed 41 trial court cases and one RALJ appeal in 2020. That is fewer than in 2019 o Most of the invoices came in at the $300 level o In six of the cases, counsel billed more than the flat rate, up to $870 for 17.4 hours • Current Presumptive Rate o The current presumptive payment is $300 per case, with increases depending on the hours spent by the lawyer. o Under this proposal, the presumptive payment at $65 per hour would increase to $390 per case in 2021 o The presumptive payment for six hours of work would be $750 at the $125 per hour rate • Examples of Private Sector Payments o One of the panel lawyers charges $300 per hour in civil cases. ■ She charged $200 per hour for a criminal case client who was unable to pay going rates. ■ Her flat fees for privately retained misdemeanors generally range from $2,000 to $8,000 depending on a variety of factors. o For DUI cases, private counsel in our region routinely charge $5000 and up. ■ City Pays More for its Other Lawyer Work o In the City's contract with Lighthouse Law Group for civil City Attorney services, there is an option for some matters to be charged hourly. For 2021, those hourly rates range between $243 and $324 per hour. For 2022, those rates range between $253 and $337 per hour ■ Provisions in the Prosecutor Contract in addition to base monthly fees o Any RALJ appeals exceeding the four included in the Base Fee shall be billed at the rate of $250/hour o All RALJ appeals filed before January 1, 2020 shall be billed at the rate of $125/hour; o Extreme Risk Protection Order cases filed at municipal court and superior court shall be billed at the rate of $125/hour o Writ of certiorari or writ of review filed in connection with a criminal case a Representation shall be billed at the rate of $250/hour. ■ Unfairness and Disproportionality o There is no reason that prosecution work on an RALJ appeal should be paid $125 per hour or $250 per hour while paying the defense attorney on the other side of the case $55 per hour. ■ Even at $65 per hour the compensation will be comparatively low o A "billable year" should be somewhere between 1650 and 1800 hours. At $65 per hour for 1650 hours, a gross "salary" would be $107,250. Realizing that that figure has to provide funds for overhead costs of running an office, the net annual salary for someone at that hourly rate would be approximately half, or about $53,625. That is far below even a starting attorney salary in this area. And it is below salaries for other professionals working for the City. • Conflict Attorneys Have to Pay Their Own Overhead Edmonds City Council Approved Minutes February 23, 2021 Page 17 o Overhead includes office rent, equipment, insurance, utilities, electronic legal research costs, 15 hours per year of CLE training, compensation, including benefits, for any support staff they have, state bar dues ($468 for 2021), transportation costs, and their own medical and dental insurance and retirement benefits. • Electronic Legal Research is Expensive o The most basic Westlaw plan begins at $89 per month, or $1068 per year. To have the full service to which recent law graduates are accustomed from school costs from $344 per month. • In 2020 o There was one RALJ appeal for conflict counsel and she won a reversal of the case. ■ She billed for 37 hours of time. • When the case came back to Municipal Court, it was dismissed. • In 2019 o The three conflict lawyers billed for 66 cases, for $20,443.50. Some clients had multiple cases. ■ In five cases, the lawyers billed more than the presumptive six hours, ranging from 7.34 to 12.6 hours. o If the hourly rate is increased from $50 to $65, as I recommend for 2021, and if there are 66 cases in 2021, the increased cost would be in the ballpark of $6133. • In 2020 o Conflict counsel closed 41 trial cases and one RALJ appeal o Their invoices totaled $1,768.30 • if Edmonds Does Not Increase its Compensation, It Likely Will Have Trouble Attracting Experienced and Able Lawyers • Whatcom County o Recently issued an RFQ for Criminal Conflict Attorney Services for 2020 with a proposed base rate of $500 per adult misdemeanor case assigned with $180 for each half day spent in trial. o Edmonds has been paying abase rate of $300 per case. • The Increase o Will Bring Edmonds into Reasonable Compensation o The City Should Be able to attract and retain capable and experienced counsel into the future ■ Recommendation o Increase trial counsel payment from $50 per hour to $65 per hour for 2021, and $85 per hour in 2022, and $125 per hour in 2023. o Increase appellate counsel payment from $55 per hour to $65 per hour, and $85 per hour in 2022, and $125 per hour in 2023. o Through 2022, these still would be at least $168 to $178 per hour lower than what the City pays its other lawyers Council President Paine said she was very eager to hear how Council responded to this because she was ready to make a motion tonight. Payment of conflict counsel at less than $85/hour was a disservice to the entire community. The disparity in the pay rates between what the prosecutor is paid and what conflict counsel is paid is a real problem. It is an access to justice issue and almost the definition of criminal law and equity problems all rolled into one. She was encouraged to see Mr. Boruchowitz's analysis and concerned the City was facing the possibility of not being able to find conflict attorneys worthy of doing the work and who were not pressed by caseload issues. Councilmember Fraley-Monillas explained this came before the PSPP Committee and the committee agreed it was most appropriate for Council make this decision. Although the recommendation was a gradual increase, she did not believe $125 was out of line by any means. She found the $55/hour rate humorous after recently hiring an attorney for a personal matter and noting a mechanic would not work on her car for $55/hour. She appreciate Mr. Boruchowitz's analysis and said if the City wants the best service, it needs to Edmonds City Council Approved Minutes February 23, 2021 Page 18 pay a decent wage and $125/hours is not even equivalent to what the City pays the City Attorney. She concluded increasing the rate was important to ensure the City was able to find good conflict counsel. Councilmember Distelhorst thanked Mr. Boruchowitz for the comprehensive presentation and for providing it in the Council packet. He echoed Council President Paine's comments, he was prepared to support a motion, especially if it was a shorter than three year phase -in period. There is a major equity component to this and he would like the City to get in line as soon as possible. Councilmember L. Johnson thanked Mr. Boruchowitz for the informational and surprising presentation. She agreed with Council President Paine that this was an access to justice issue and equity issue both for defendants and counsel. Councilmember Olson said although she tends to be thrifty, she surprised herself by thinking the City needed to do better than this starting point. Recognizing that other Councilmembers were interested in starting with a higher rate, she preferred to increase the rate to $85 for the current year and then increase it to $125. Councilmember K. Johnson relayed she had considered the numbers since the presentation to the PSPP Committee and suggested instead of a $15 increase the first year, $20 increase the second year and $40 increase the third year, being more progressive by providing a $25/year increase which would result in a higher salary this year and the second year. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO INCREASE THE TRIAL ATTORNEYS' FEES TO $125/HOUR FROM $50/HOUR AND DO THAT IN $25 INCREMENTS OVER THE NEXT THREE YEARS. Councilmember K. Johnson suggested having even increments over three years would be more programmable for the City and it would be better to have a larger increase initially so the rate increased from $50 to $75, a 50% increase, until the rate reached $125/hour. Mr. Boruchowitz said trial lawyers are paid $50/hour and appellate are paid $55; there was only one appellate case in 2020. Council President Paine urged Councilmembers to vote against the motion simply for the fact that in three years, costs will be even higher. Councilmember Fraley-Monillas also urged a no vote on the motion. Paying attorneys half of what the City pay its contract attorney and stringing it out for three more years is unreasonable and it also does not make sense from an equity and justice perspective. Councilmember Buckshnis recalled the change from the current rate to $125 would be a net impact of $30,000. Mr. Boruchowitz agreed that would be the total if the number of cases were similar. Councilmember Buckshnis recalled the cost at $85/hour was $14,053 and $29,120 at $125. Mr. Boruchowitz agreed, commenting it could be substantially less if there are fewer cases. Councilmember Buckshnis did not support the motion as she preferred to approve the full amount. Councilmember K. Johnson said when this was presented to the PSPP committee, both Councilmember Fraley-Monillas and she agreed to Mr. Boruchowitz's recommendation. Three people have spoken against the recommendation so she was confused about what the committee recommended. Councilmember Fraley- Monillas said she did not recommend following Mr. Boruchowitz's recommendation; she recommended it be forwarded to Council and the Council to make the decision. She supported the higher rate due to the equity issue. MOTION FAILED (1-6), COUNCILMEMBER K. JOHNSON VOTING YES. Edmonds City Council Approved Minutes February 23, 2021 Page 19 COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO HAVE THE HOURLY RATE FOR CONFLICT COUNSEL FOR STANDARD COUNSEL AND APPEAL COUNSEL TO BE MOVED TO $125 PER HOUR STARTING THIS YEAR. UPON ROLL CALL, MOTION CARRIED (6-1), COUNCILMEMBERS DISTELHORST, FRALEY- MONILLAS, BUCKSHNIS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBER K. JOHNSON VOTING NO. Mayor Nelson declared a brief recess. 2. EDMONDS SOLAR COOPERATIVE PROPOSED ASSET PURCHASE Council President Paine recused herself from the discussion and vote as she has a remote interest as the owner of a Solar Slice and she did not feel it was appropriate for her to engage in the discussion. Public Works Director Phil Williams explained about ten years ago a non-profit, Edmonds Solar Cooperate (ESC), was formed whose goal was to advance the interests of solar energy in Edmonds. The City formed a partnership with ESC supplying the roof of the Frances Anderson Center and a location to fund, build and operate a solar array. In 2011 they finished the second phase for a total of 110 solar panels that generated approximately 23 kW of electricity. The total cost of the system was approximately $172,000 which included credits that helped offset the cost and 88-90 people, primarily Edmonds residents, contributed or bought Sun Slices to raise money to provide the difference between what was available from the tax credits and the cost of the system. The system has performed quietly over all that time, turning energy into kilowatts that are net metered at Frances Anderson Center into PUD's system. Panels were purchased from two different in -state sources (in -state purchase was a requirement of the program). Panels from one source did not function as well and many of them failed or their output decreased. The ESC is reaching the end of the 10-year lease and is not interested in renewing the lease or continuing to operate the system. ESC approached him to inquire if the City was interested in purchasing the remaining assets. ESC will remove the failed and failing panels, leaving about 40 working panels of a type and brand that has performed well and should continue to do so at least for the remaining 15 years. ESC estimated the value of a new 9.6 kW system at approximately $30,000 and a 10-year old system at $18,000419,000 and are offering to sell the City their remaining interest for $5,000. He requested ESC leave the mounting hardware for the failed/failing panels in place in the event the City has an opportunity to replace them with new panels and return to the 23 kW system that existed in the past. He summarized this is a good opportunity for the City and fits with the earlier discussions about climate change and sustainability and it seems like a natural fit for the City to take over the project. The system would be managed via the facilities division as part of the Frances Anderson Center. He recommended the City enter into a purchase and sale agreement with the Edmonds Solar Cooperative for a $5,000 purchase price. Councilmember L. Johnson agreed this seemed to fit within Edmonds' goals for clean energy. She asked about the downside. Mr. Williams said he was not aware of any although there may be; there is always equipment that could fail and could change the financials in the next 15 years such as the inverter which may not last 25 years and it is not uncommon that that would need to be changed. Any surprises would be on the maintenance side, but he had no way of knowing what those would be. Councilmember L. Johnson concluded with the value of the system and the asking price, it was unlikely the downsides would make up the difference. Mr. Williams answered there are 40 individual panels so if one fails, the remainder continue to function. He did not have a price estimate for the inverter but that was the only complex, potentially expensive item that could fail. The panels are sealed and self-contained and do not require a great deal of Edmonds City Council Approved Minutes February 23, 2021 Page 20 maintenance other than occasional cleaning. A new roof was installed under the panels that sit on the roof with ballasts holding them down. There are no screws or fasteners through the membrane of the roof and there have been no problems with leaks. Councilmember Olson thanked a citizen, Diane Talmadge, for looking hard at the possible downsides. She also thanked Mr. Williams for the investigation of possible downsides. She thanked the ESC investors, noting it had been a great, collective thing the community did to achieve a total win -win. She reminded the public that the Waterfront Center is still funding their solar panels and encouraged anyone who had the means to invest $1000 in a solar panel and be on the solar panel wall as a supporter. Mr. Williams said the investors in the solar project got a share in the project, but their return rate was less than 1% year, not even keeping up with inflation, not really an investment but a way to stimulate the solar movement in Edmonds and have a real life example close to home. There were no larger solar systems in Edmonds at the time this was installed. It served the purpose of stimulating the solar movement; nobody made any noticeable money OD it, but participated out of the goodness of their hearts. Councilmember Fraley-Monillas expressed support for this. She was on the Council when the solar panels were put in and slices sold to investors. She urged the Council to think about Chris Herman who worked very hard on this project and passed away about 6-7 ago following a courageous fight with cancer. She thanked Carlo Volti for taking this over and moving forward with it, noting it was important to have people in the community who care about things like solar energy. She also thanked all the investors including Council President Paine and former Councilmember Strom Peterson and others who invested in the ESC over the years. A lot of people invested and did not make a lot of money other than seeing the benefit of the City having solar panels. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO AUTHORIZE THE MAYOR TO SIGN A PURCHASE AND SALE AGREEMENT WITH THE EDMONDS SOLAR COOPERATIVE TO PURCHASE THE SOLAR INSTALLATION AT THE FRANCES ANDERSON CENTER FOR $5000. MOTION CARRIED (6-0). (Council President Paine did not participate in the vote as she has recused herself from this item.) 3. OLD PUBLIC WORKS ZONING CHANGE CONSIDERATION Public Works Director Phil Williams said Public Works employees moved from the old Public Works building in 1992 when a new facility was built on 210"' near Highway 99. The building was retained as the property is the only possible place where the WWTP could expand. A plan is underway to handle biosolids and replace the incinerator without expanding the footprint, but other issues are coming up that could require the use of the additional property. The northern two-thirds of the building has been rented to the Arts Festival Foundation and the Driftwood Players for many years at a reasonable rate. Those leases have now expired and need to be renewed. When new leases were being prepared, it was discovered the property is not zoned to continue those uses as the property is zoned Public and although the users are non -profits, they are not public. Working with the City Attorney, a work around was developed; signing an initial six-month lease with a possible additional six months that could be authorized and during that time go through the normal, non - hurried public process of making amendments to the zoning code that could allow those uses to continue. Nothing would change for the tenants and the use would be legal. The proposal does not affect rents or use of the property but limits the term. All future leases are still subject to the City's overriding interest in owning the property and, with due notice, being able to use it. Councilmember Olson said she definitely supported the interim change. She suggested the Council think about the possibility of putting a parking lot on the property instead for the short term future. It is a great location for transit and would be easy to remove if/when the property was needed for expansion of the Edmonds City Council Approved Minutes February 23, 2021 Page 21 WWTP. Although that proposal was not directly related to this agenda item, there were other spaces available in the City for storage. Mr. Williams said the southern third ofthe building is used for City storage. Sprinklers were installed to allow storage of archived records on the second floor and a lot of expensive equipment is stored on the first floor such as paint truck, vactor truck, WWTP supplies, park storage and Police Department storage of vehicles that require storage in a secure location due to ongoing trials or appeals. The City makes a lot of use of the property, use that could be reversed if the need arose on short notice. He summarized the storage was very handy and saved the City a lot of money. Councilmember Buckshnis recalled that that location was removed from consideration for a Sound Transit parking structure because the City's Administration determined the building was too valuable. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE THE ATTACHED INTERIM ZONING ORDINANCE AND AUTHORIZE THE MAYOR TO EXECUTE A SHORT TERM LEASE AGREEMENT WITH THE EXISTING TENANTS COVERING THE NEXT SIX MONTHS WITH OPTIONS FOR AN ADDITIONAL SIX MONTH EXTENSION IF NEEDED. MOTION CARRIED UNANIMOUSLY. 4. SOCIAL WORKER JOB DESCRIPTION REVIEW/APPROVAL AND BUDGET AUTHORIZATION Economic Development/Community Services Director Patrick Doherty said the packet contains a memo as well as the job description approved in concept as part the human services program. The Council approved a human services program for 2021 with funding of $500,000 intended to fund a social worker as well as a decision by Council for up to $50,000 for an administrative assistant if deemed necessary. There are 3-4 items included in this agenda item; the Council may not get to them all tonight, but approving the job description and the pay range were the most important. Approval of those two would provide substantial foundation for further work. Mr. Doherty highlighted the following in the job description: • Essential functions and responsibilities o The main focus of this position is to help at -risk populations within Edmonds who are dealing with issues such as housing stress or homelessness, addiction, mental or behavioral health challenges, disabilities, isolation, among others, while decreasing barriers, providing resources, and finding alternatives to their current situation. This position functions predominantly as a case manager to bridge the gaps left between other social services agencies, providers, law enforcement and/or emergency medical response and the social needs of people within the at - risk population. This position will directly contact and/or accompany emergency medical responders and/or law enforcement on patrol to assist individuals belonging to the target populations in accessing mental health, substance use, and/or homeless or other social services. • Illustrative examples of work/essential functions:, o Cultivate contacts and establish and maintain positive, effective, collaborative working relationships with Edmonds Police Department personnel, South Snohomish County Fire and Rescue personnel, and local/regional human services other law enforcement agencies, emergency medical response agencies, court system, community leaders, Snohomish County Human Services, federal, state, regional and local -agencies, homeless shelters, area community service and faith -based groups, staff of state and local hospitals and health providers in an effort to care for and assist Edmonds residents in need of social services. o Develop working relationships with the Compass Health Crisis Triage Center, the Providence Behavioral Health Urgent Care facility, and other voluntary outreach teams o Screen and access individuals for mental and behavioral health and/or substance abuse disorders. Facilitate patient engagement and follow-up care. Provide education about common Edmonds City Council Approved Minutes February 23, 2021 Page 22 mental and behavioral health and/or substance -use disorders and the available treatment options. o Provide or facilitate outside referrals to community behavioral health services as needed o Assist the target populations served with obtaining basic resources such as shelter, food, medical services, and other social and human services as needed o Assist Human Services Program Manager in: ■ Developing and recommending procedures for identifying and screening people with social service needs. ■ Establishing and administering tracking systems for target populations and service providers. ■ Studying and analyzing program participation, including recommendations and reports for improvement of existing and development of new programs. ■ Reviewing statistical data and identifying future trends. • Collecting and preparing data for daily status reports and weekly/monthly outcome summaries. o Provide supportive data to develop and recommend programs, policies, procedures, and projects in conjunction with the Human Services Program Manager that will assist in efficiently addressing the human and social service needs of the target populations served within the Edmonds community. • Required knowledge o Symptoms, common behavioral and social characteristics, and other manifestations of the disabilities affecting the population served. o Special needs of homeless populations • Required knowledge of o Symptoms, common behavioral and social characteristics, and other manifestations of the disabilities affecting the population served. o Special needs of homeless populations o Presentation of mental illness related behaviors and appropriate clinical interventions. o Addiction process and chemical dependency (CD) treatment approaches and expected outcomes. o Medicaid, Medicare, and Social Security Disability Income (SSDI) guidelines o Local, state and regional resources and programs for the homeless, mentally ill, substance - abusing o population and those with other social service needs o Availability of community systems and resources • Required Skills in: o Communication, speaking and interpersonal, etc. • Ability to: o Establish and maintain rapport with the population served o Recognize personal signs of secondary trauma and prioritize self -care • Minimum qualifications o A Master's degree in social work, counseling/behavioral health, psychology, nursing, or counseling or related field; and two (2) years' experience in the direct work o OR Bachelor's degree in social work, counseling/behavioral health, psychology, nursing, or counseling or related field and five (5) years' experience o Possession of and the ability to maintain a valid Washington State Driver's License within 30 days of hire. o Bilingual communications skills desirable • Required Licenses or Certifications o Desirable but not required: One of the following licenses issued by the State of Washington: 0 A valid Licensed Independent Clinical Social Worker (LISCW) Edmonds City Council Approved Minutes February 23, 2021 Page 23 — Can provide direct clinical therapy, psychotherapy, mental health therapy, addiction therapy, ability to directly refer A valid Licensed Advanced Social Worker (LASW) — Provide above services under the supervision of LISCW Mr. Doherty said the first thing is to approve the job description. The salary range is based on comparators for social workers, $6,224/ month to $8,216/month. This position will be funded from the human services program. The salary range is targeted at the top rate in the event a candidate is identified that meets the highest level of requirements and may require paying the higher rate. The funding also includes a 32% benefit surcharge. The request outlined in the packet is to approve a transfer of approximately $132,000 from the human services program to cover this position. HR Director Jessica Neill Hoyson clarified the compensation level was established not by polling the City's normal comparators because a social worker position does not exist in those comparators, but by looking at what social workers are paid regionally for this type for work as well as looking at how that position compares internally. Councilmember Fraley-Monillas said she will support a clinical social worker because a social worker that is not a clinical social worker will have to find someone with a clinical degree to approve their actions which she found counterproductive. With regard to required knowledge of the special needs of homeless populations, she said this position should not only address the needs of the homeless; it should also address the needs of seniors in their homes having problems, people with disabilities, and various groups that need extra support. She was uncertain this job spec gives that across-the-board view or that knowledge of the special need of the homeless population was more important than the special needs of seniors. Councilmember Fraley-Monillas relayed someone said the clinical social worker could write prescriptions for community members who need support. She said that was not accurate as they are not medical personnel and cannot write prescriptions. She suggested the human services program manager report to the social worker and the admin assistant report to the program manager. She recalled when Councilmember L. Johnson proposed funding an administrative assistant, it was proposed as a new position and not only if it was needed. Koenig has indicated there will need to be someone, such as an administrative assistant, to keep track of things. Councilmember L. Johnson thanked Mr. Doherty, Ms. Neill Hoyson and the Human Services Program Manager Mindy Woods for this detailed and in-depth proposed job description. She referred to the following phrase under essential functions and responsibilities, "This position will directly contact and/or accompany emergency medical responders and/or law enforcement on patrol to assist individuals belonging to the target populations in accessing mental health, substance use..." and asked if that was considered imbedded, whether there was a legal definition of imbedded or was it just working alongside. She referred to working conditions and the requirement for "possible variable work hours that may include nights, weekends, and holidays" and "field work in variable weather conditions and day or night conditions" and asked how the person's hours would be set and whether the person would be on call. Mr. Doherty explained things are included in a job description to cover all possibilities; it does not mean everything in the job description will be what the person does all the time. Including the statement in the job description, "accompany emergency medical responders and/or law enforcement on patrol to assist individuals" allows the person to do that as the demand may require versus surprising them with the possibility. It is not specifically a police or fire imbedded position, but the job description would allow that person to accompany law enforcement or emergency medical responders if necessary. With regard to work hours, Mr. Doherty said the City recognizes an employee has a life outside of the position, but this job description informs candidates the work hours may vary and there may need to be Edmonds City Council Approved Minutes February 23, 2021 Page 24 some flexibility in the person's schedule over time. There may also be a need to schedule evening hours. Councilmember L. Johnson recognized the current human services program manager has done some work during evening hours. Mr. Doherty said one of the discussions during the interview could be having the person being on call. The position will need to be very fluid as things often happen on nights and weekends. Including variable work hours in the job description allows that conversation to happen with applicants. An applicant's flexibility would be a high scoring characteristic in the interview process. Councilmember Buckshnis thanked Mr. Doherty for answering her questions. She had no problem with this position, but did have concerns with the lack of structure, mission, information, setup. For example, Councilmember Fraley-Monillas says the person could not administer drugs, but the description states the social worker provides psychotherapy, substance abuse and can prescribe drugs. She expressed interest in having a very defined mission or history. She referenced Kirkland's social worker and said the Council does not have sufficient information about the needs and how they will be addressed. She recalled the Police Department's imbedded social worker gave presentations to the Council. As a Councilmember, she would like to have more information about the needs, where, and how a social worker would work with seniors. She wanted more solidity in the mission for this program because one Councilmember wants it one way and another Councilmember wants it another way. She wanted clarity on the position and program so everyone understood. The job description is very detailed but she did not see how it fit with the dated statistical data the City has. She said she had emailed Councilmember Fraley-Monillas to ask about getting updated information from the Koenig Group. Councilmember Buckshnis said she had no problem with the job description but was concerned with how it was moving forward and how it was being set up. Mr. Doherty referred to the memo which states an LISCW can prescribe therapy; drugs are a kind of therapy but that was not implied in this case. Instead it was therapy such as being prescribed to a program, intervention, halfway house, etc. It does not specifically mean drug therapy. Council President Paine commented this is a very lengthy job description and asked if it should include supervisory or program development skills. Ms. Neill Hoyson answered it depends on the level of licensure. If the City direct -hires a Licensed Independent Clinical Social Worker (LISCW), the City will need to consider contracting to have someone audit their casework because the City does not have a structure for that, compared to contracting with an agency that has that oversight function. Council President Paine asked whether the person in this role would have any supervisory responsibilities. Ms. Neill Hoyson said that gets to Councilmember Buckshnis' question regarding structure. If the Council was considering a direct hire of employees, the structure of that function will need to be considered; whether it is the best use of this person's time for supervision or should that be another employee's role. That is a valid question that depends on whether the position is structured internally or externally. Mr. Doherty said the proposed job description was not a supervisory position; the person would focus on social work. Council President Paine said it might be helpful to include that as a possibility. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO EXTEND TO 10:30. UPON ROLL CALL, MOTION CARRIED (6-0-1), COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, OLSON AND L. JOHNSON VOTING YES; AND COUNCILMEMBER K. JOHNSON ABSTAINING. Council President Paine said when the discussion is concluded, she will make motion to include supervisory skills to provide some flexibility. Edmonds City Council Approved Minutes February 23, 2021 Page 25 Councilmember Olson said the job description clearly states this will be an appointed position; however, it has not yet been determined whether this will be a contracted position or a City employee. She asked for clarification if the Council approved the job description that includes the word "appointive," would the Council be locked into that. Mr. Doherty explained a job description would say that. If the Council wishes to do something different, the job description would serve as the scope of work for a contract position. Councilmember Olson asked if the regional comparators were based on City employees. Mr. Doherty answered they were based on agency employees, not necessary city employees because not a wealth of cities particularly comparators, have an on -staff social worker. It was a mixture of larger cities, counties and agencies. The City has a list of comparator cities and of those, very few have direct -hire social workers so Ms. Neill Hoyson conducted a broader survey of larger cities, counties and agencies that have that position. If the Council chose to proceed with a contract position, Councilmember Olson asked if there was a regional comparison of social workers at a non-profit with these qualifications. Establishing the job description for an appointive position versus a contact position, the cost may not be the same. Mr. Doherty said the job description is foundational for whatever path the Council takes, either a job description for an in-house position or the scope of work for a contract position. With regard to the rate of pay, Administration researched it as in-house position. If the Council wishes to change that direction, staff could research what agencies charge. The request to appropriate from the human services fund is an up to amount for either a direct hire or through a contract. Mayor Nelson reported Ms. Neill Hoyson left the meeting momentarily because she lost power. Councilmember K. Johnson commented there has been a lot of discussion regarding licenses and certificates, but they are not required. A candidate could have education in a variety of subjects from social work, counseling, psychology nursing, or a related field and a valid licensed independent clinical social worker from the state is desirable but not required. If this were an in-house position, she asked who they would report to, whether it would be to human services program manager or would the human services program manager report to the social worker. Mr. Doherty answered the human services program manager is a program manager not a personnel manager so the social worker would not report to that position and the human services program manager reports to him. He was open to whatever made the most sense in City government, whether it was another department or division, whatever was the most efficient way with the most support. He summarized currently the social worker would report to him or another department manager and not to the human services program manager. It was also not currently envisioned that the human services program manager would report to the social worker but that could be changed. Councilmember K. Johnson asked if the salary was compared with the social worker at the Waterfront Center. Ms. Neill Hoyson answered it was not. Councilmember K. Johnson suggested looking into that. Councilmember Distelhorst thanked Mr. Doherty, Ms. Neill Hoyson and Ms. Wood for all their work on this, recalling hiring a City social worker was the top budget priority at the 2020 budget retreat. The Council funded the human services program in the 2021 budget so it is exciting to have this come to fruition, a position to serve the community's vulnerable residents. He appreciated the comments made by other Councilmembers such as including all the populations that may need to be served in the job description as well as the potential addition mentioned by Council President Paine should the department need to be restructured to best serve the community. In his experience, it is difficult to build a program without staff so he saw the importance of approving the scope for this position and hiring someone with the professional experience and education to develop a successful program for Edmonds. He looked forward to moving the job description forward so this work can get underway. Edmonds City Council Approved Minutes February 23, 2021 Page 26 Councilmember Fraley-Monillas agreed with Councilmember Distelhorst, the social worker needs to be part of the process and discussion. The person will need to address homelessness but also seniors, veterans, the disabled, children, and everyone who needs help in Edmonds, many of whom Councilmembers have heard from during the pandemic. She agreed with looking at the social worker at the senior center and cities outside the comparators that have social workers. The Koenig report, although over a year old, contains information regarding cities with clinical social workers. The Council can decide what they want this person to do as part of the job spec and once the person is hired, consideration can be given to how that person serves the citizens of Edmonds. She suggested looking at the pay and job responsibilities for state and county social workers as well as non -profits such as the senior center as comparators, noting she worked for the Department of Social and Health Services for 33 years. Councilmember Fraley-Monillas said when she proposed a City social worker, the intent was in-house not contracted out. She was pleased the job spec shows the position is in-house. She questioned establishing a job description for a contracted position, anticipating that would not work well. She expressed appreciation for Councilmembers' questions and said this is something the City should be doing this for the citizens of Edmonds. She suspected the job description needed further finetuning before being brought back to Council. She envisioned this position addressing issues such as the person sleeping under the library cover or the senior with no electricity or disabled persons living on their own who do not know how to take care of things. Having a social worker shows how much the City cares for its residents and not just one group of people. She noted there are veterans experiencing difficulty connecting with services or getting a COVID vaccination. All of that could be easily handled between the clinical social worker and the human services program manager. Mr. Doherty observed the amendments to the job description offered by Council include: • Potential for supervisory duties • Being more expansive in the description of people served such as the homeless, veterans, domestic violence, at risk youth, etc. Mr. Doherty recommended the Council approve the job description with those amendments as well as the pay range. The other two items could be approved at a follow-up meeting. Councilmember Olson raised another issue with the job description; if the position is in-house, it needs to be a clinical social worker so they do not need approval for referrals, etc. A social worker within a non- profit does not need to be a clinical social worker because they could seek approvals from others within the organization. A licensed social worker would be a lower cost and would not require an audit. Council President Paine raised a point of order, requesting Councilmembers speak to the review of the job description. Councilmember Olson said including the clinical social worker in the job description will depend on whether it is contracted or in-house. She suggested the Council tackle that issue first, commenting she had a list of reasons why a contracted position would be a smarter way to go. For Council President Paiute, Mayor Nelson clarified Mr. Doherty opened his presentation by mentioning there were other options that could be discussed and other Councilmembers have also referenced other options. Councilmember Olson questioned the insistence on an in-house staff member and whether there was someone in mind for this job that was waiting in the wings and the job description was being constructing for someone specific. Edmonds City Council Approved Minutes February 23, 2021 Page 27 Councilmember Fraley-Monillas raised a point of order, opining that Councilmember Olson's comments were meant as a slight to staff or other Councilmembers. Mayor Nelson requested Councilmember Olson refrain from making such remarks. Mr. Doherty reiterated the job description which includes a desire for the stated licenses, is the foundation for either an in-house hire or the scope of service for a contract position. The Administration cannot proceed without approving the job description. If the Council proposed it be a contract position, it would be based on the approved scope of work that the job description turned into. Councilmember Olson asked if he would agree having a clinical social worker in the job description depends on whether it is an in-house or contract position. Mr. Doherty said as written, that is desirable, not required. Councilmember L. Johnson relayed she has clearly heard that moving forward with the job description was urgent and it was holding up other steps. She understood staff was willing to include the amendments Council requested and she understood by approving this job description, the position could be in-house or it sets the framework for an out -of -house position. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE 1 AND 2 WITH THE TWO AMENDMENTS MR. DOHERTY MENTIONED AND MOVE THE STAFF RECOMMENDATION OF APPROVING THE FULL TIME SOCIAL WORKER AS WELL AS THE SOCIAL WORKER JOB DESCRIPTION.. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO AMEND TO MAKE IT A CLINICAL SOCIAL WORKER WHO CAN WORK INDEPENDENTLY. Councilmember Fraley-Monillas explained the reason she was so interested in a clinical social worker was a licensed social worker would need approval to get someone into a program such as drug rehab. She worked in social services for 33 years and understands social worker positions and what they do. In her opinion, it made no sense to hire someone who cannot do the job they are hired to do. Having the ability to write a prescription to get someone in somewhere was the point and not waiting until the next day. Councilmember Olson said if the social worker was under the umbrella of a non-profit, that approval would be a text away. She questioned whether a signature was required or was only approval required. She did not want the Council to be locked into an in-house position which would be the only reason that level of license would be needed. Councilmember Buckshnis did not support the amendment, pointing out in the information from Mr. Doherty and Neill Hoyson, that license is desirable but not a requirement. She has heard Councilmember Fraley-Monillas say this many times before and she was on board with the need for a human services program. However, it is still in its infancy and she preferred to get something approved rather than bickering over it. Staff has stated that many agencies do not require social workers to be licensed; requiring a license would substantially reduce the applicant pool. She recommended following the Administration's recommendations as the program is in the early stages. She recalled discussing a contract position with Mr. Doherty last year and said the job description was a good start. Councilmember Fraley-Monillas said every social worker is licensed; there is a difference between a clinical social worker and a social worker. She appreciated the work done by Mr. Doherty and Ms. Neill Hoyson but neither are in the social worker field or in social services. They are simply saying what they have been told by Verdant and other sources. She has spoken to people the City should be speaking to such as Koenig, who did a report for the City and are social workers, to determine the best approach. She spoke with Koenig late this afternoon and they questioned why the City would not have a clinical social worker to cut through the red tape of dealing with social service issues. Social services are new to the City and Mr. Edmonds City Council Approved Minutes February 23, 2021 Page 28 Doherty and Ms. Neill Hoyson are taking what is told to them by a place like Verdant which has minimal social workers compared to other agencies. With regard to contracting for a social worker and not needing signatures, Councilmember Fraley-Monillas said signatures are required to place someone in a rehab program. She questioned the Council's hesitancy other than perhaps it was because she was advocating for it. For a small amount more, the social worker would not need to find someone to authorize what a social worker was hired to do. She suggested the ship has sailed with regard to whether the position will be contracted out or hired in-house. She suggested the Council vote on whether the position would be in-house or out -of -house and then vote whether the position would be a clinical social worker or not. Mayor Nelson asked if she wished to withdraw her amendment. Councilmember Fraley-Monillas said she was not. Mayor Nelson said he was debating Councilmember Fraley-Monillas' criticism of staff and may address it later. Councilmember L. Johnson admitted through this process she was leaning toward in-house and toward having a social worker that can offer more rather than less. However, not having the same background as some others and feeling this is in the early states, the job description allows for a range of applicants. At this point she was still comfortable with it as it will come back to City Council again. She preferred to keep the job description open and see what is out there. She was not ready to limit applicants' qualifications and preferred to keep the City's options open. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO EXTEND UNTIL 11. MOTION CARRIED (6-0-1) COUNCILMEMBER K. JOHNSON ABSTAINED. Councilmember K. Johnson said she believed a social worker would do many things during a day. If an opportunity arose to commit someone into a program, although it would take a lot of time, that would be a small part of their entire job. Requiring a specific license at this point is narrowing the field and does not truly reflect all the work the social worker would be asked to do. She did not support the amendment for that reason. Councilmember Distelhorst appreciated having this as desirable and not required; that way it can lend credence to people who have that license or certification or have completed that many hours of work. He was concerned about limiting scope of who can apply and whether the City would get enough applicants to move forward with hiring. He was comfortable keeping that license as bonus points for individuals who apply but not limiting the scope. COUNCILMEMBER FRALEY-MONILLAS WITHDREW THE AMENDMENT, Mayor Nelson restated the motion: TO APPROVE THE JOB DESCRIPTION WITH THE TWO AMENDMENTS MR. DOHERTY SUGGESTED. Mr. Doherty advised the amendments were adding reference to all the different populations throughout the description and adding the potential for supervisory duties. Mr. Taraday said he understood Councilmember L. Johnson's motion differently, that she was moving the first two items of the four in the agenda memo along with the amendments. He suggested getting clarification from Councilmember L. Johnson. Edmonds City Council Approved Minutes February 23, 2021 Page 29 Councilmember L. Johnson agreed that was her motion. The job description includes the pay grade. She recalled Mr. Doherty saying staff recommendations 1 and 2 were the most important, but in reading the rest of staff s recommendation, maybe the other items should be approved as well. Mr. Doherty said recommendation 3 in the agenda memo was redundant as it was expressly stated in the job description. Mr. Taraday said he did not consider it redundant. If the Council adopts the first three of the four items in the agenda memo, it authorizes the Mayor to hire an in-house social worker. He observed several Councilmembers have commented that the issue of whether the position is in-house or contract will come back for discussion at a later date; however, if the Council adopts the first three items, the Mayor would be authorized to make a hire. Councilmember L. Johnson asked the impact of Council approving 1-3 but not authorizing the transfer; would that approve the job description and open the position for applicants but without the transfer of money, the Council has not actually approved it. Mr. Taraday disagreed, stating the Mayor would still be authorized to make a hire with approval of the first three. The transfer is related more to the longevity of the position, not whether the Mayor would be authorized to make a hire. If the Council votes yes on the first three items, if asked, he would advise the Mayor he was authorized to make a hire. Councilmember L. Johnson asked whether Council approved the hire in the end. Mr. Taraday answered no, there would be no basis to bring it back to Council. Councilmember L. Johnson asked how to word the motion so there was a basis to come back to Council. Mr. Doherty recommended the Council consider approving recommendation 2, the job description, 3 is implied but it could be expressly approved if the Council wished and if the Council wished to continue the discussion whether the position is a direct hire or contract, that could either be done tonight or brought back to a future meeting. Once that decision is made, the funding would need to be approved. He relayed Finance Director Turley was also interested in identifying the exact vehicle for the transfer. Councilmember L. Johnson restated the motion: TO APPROVE STAFF RECOMMENDATIONS 2, JOB DESCRIPTION, AND 3, SALARY RANGE. COUNCIL PRESIDENT PAINE AGREED WITH THE RESTATEMENT OF THE MOTION. COUNCILMEMBER FRALEY-MONILLAS MOVED TO ADD "IN-HOUSE SOCIAL WORKER." MOTION DIED FOR LACK OF A SECOND. MOTION CARRIED UNANIMOUSLY. 5. CARRYFORWARD BUDGET AMENDMENT Finance Director Dave Turley said neither this item nor the next were time sensitive. He offered to make a presentation next week. Councilmember Buckshnis agreed, commenting there were only two hours of agenda items on March 2"d. She preferred to have fresh minds for the amendments, noting there had been a couple additions. Council President Paine said there are a lot of items on the March 2" d agenda. She agreed fresher minds were a good idea and these items will be scheduled as quickly as possible. It was the consensus of Council to postpone Items 5 and 6 to a future agenda. 6. 2020 YEAR END FINANCE PRESENTATION 10. REPORTS ON OUTSIDE BOARD AND COMMITTEE MEE Edmonds City Council Approved Minutes February 23, 2021 Page 30 1. OUTSIDE BOARDS AND COMMITTEE REPORTS 11. MAYOR'S COMMENTS Mayor Nelson relayed the Health District reported encouraging COVID news, the case count is down to 1 l 9/100,000, a 75% reduction from the height of December so people are doing outstanding work. To echo Fire Chief Hovis, he recommended continuing to practice the three Ws - wear a mask, wash your hands and watch your physical distance. 12. COUNCIL COMMENTS Councilmember Distelhorst said it was very encouraging to see infection rates dropping precipitously and he urged residents to continue what they have been doing. The United States has lost 500,000 fellow Americans in the last year, an absolutely staggering number that includes 54 Edmonds neighbors. He urged residents to keep their friends, families and neighbors in mind moving forward. Councilmember Distelhorst announced opportunities for public input on exciting transportation and infrastructure projects including a bike lane open house tomorrow night and a Highway 99 neighborhood open house on Thursday. He encouraged residents to participate in those virtual events and have their voices heard. With regard to a social worker and the needs of the community, Councilmember Distelhorst reported the Snohomish County unemployment rate is 7.8% which is 3 times higher than it should be and the highest in the three county (Pierce King and Snohomish) area. The City may not always have the most up-to-date reports from consultants, but having seen the $580,000 in CARES funds quickly distributed to residents in need and seeing the unemployment rate, it is evident that there is great need in the community. He was excited about moving forward with the social worker position and appreciated the work done by the Administration and approval by Council to begin implementing the top priority set by the Council last year. Councilmember Olson thanked the staff who waited around for the agenda items that ended up being postponed and for their graciousness in postponing those items. She did not intend to disparage staff with her earlier comments, noting they have been very open with regard to the social worker position. Her request was for pros and cons for an in-house versus contracted social worker so the Council can make a good decision for the City. With regard to bike lanes, Councilmember Olson said the Council's vote on that issue was based on retaining 50% of the parking and she felt offering no parking as an option should not have been posed to the public. There is a lot of concern about the bike lanes because of that. She encouraged residents to participate in the process; she at least did not think that option would move forward. Council President Paine was thankful for all tonight's presentations. She was very excited about the work being done by the Mayor's Climate Protection Committee, particularly their outreach and embracing the virtual model and being proactive and thoughtful. She was pleased the COVID were numbers coming down; eventually the Council will need to look at how to navigate the governor's and the OPMA requirements. She recommended a hybrid model that would allow people to speak to the Council electronically once it was safe to meet in person again. She looked forward to the Climate Action Plan update and to seeing people in public again, but anticipated that day was still a long way off. Councilmember K. Johnson commented the Council had had a long discussion tonight about what they hoped the social worker would bring to the City. For anyone that has needs now, she encouraged them to speak to the Human Services Program Coordinator Mindy Woods who has compiled a list of resources and is now managing the senior resource page. She thanked everyone who wears a mask because they are Edmonds City Council Approved Minutes February 23, 2021 Page 31 responsible for lowering the case count in Edmonds. She also thanked the essential workers who have been working during the pandemic and keeping themselves safe as they helping others. Councilmember Buckshnis agreed the 500,000 deaths from COVID was a tough milestone; President Bident had a nice memorial. She appreciated citizens continuing to reach out to her and encouraged residents to make their voices heard; she will listen, help them understand or get further information. She appreciated the complete packet compiled by Mr. Doherty and Ms. Neill Hoyson regarding the social worker, an issue that has been near and dear to Councilmember Fraley-Monillas' for many years. She was hopeful there could be more structure and planning so everyone understands. For those who are too young for a COVID shot, Councilmember Buckshnis reported Bloodworks is again checking for COVID antibodies. Negative donors receive a letter from Bloodworks, she used that letter to go to Virginia and visit her nephew on a military base. It is always good to donate blood and the antibody test is an added benefit. Councilmember Fraley-Monillas thanked Council for the decision to move forward with the social worker. Living on the Highway 99 corridor where most household have two working family members, where communities of color predominantly live as well as the disabled, veterans and seniors, she was disappointed with the delay. Police calls in that area are ten times higher than other parts of the City. She suggested Councilmember keep that in mind, that not all Edmonds residents are equal and living in certain environments creates differences in the way someone looks at things and the type of services they need. Student Rep Roberts urged everyone to please wear a mask and get vaccinated as those are the only ways to prevent more deaths. Although recovery from COVID will be a long road, looked forward to the recovery and hoped to reach it once everyone wears masks and the case counts continue to decrease. Councilmember L. Johnson recognized the lifesaving efforts made during the previous weekend's snowstorm. While many were inside staying warm, others were out in the freezing elements unsheltered. Due to the persistence and a lot of last minute work by a number of residents, volunteers and people in certain positions who recognized the urgency of the situation, they were able to open a day warming center at College Place Middle School which literally prevented people from freezing to death. Many, many volunteers dedicated their time, made phone calls, etc. Edmonds School District and Verdant played a big part as did We All Belong which operates the emergency overnight cold weather shelter. The need is still great for donations and volunteers especially for those who have been vaccinated. Further information is available at WeAllBelong.org. The senior center has been used as an overnight shelter in the past; she looked forward to the Waterfront Center opening and determining if it could again be offered to the unhoused members of the community. She thanked everyone who came together to do that; she greatly appreciated them looking out for the most vulnerable in the community. 13. ADJOURN With no further business, the Council meeting was adjourned at 10:54 p.m. MICHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK Edmonds City Council Approved Minutes February 23, 2021 Page 32 responsible for lowering the case count in Edmonds. She also thanked the essential workers who have been working during the pandemic and keeping themselves safe as they helping others. Councilmember Buckshnis agreed the 500,000 deaths from COVID was a tough milestone; President Bident had a nice memorial, She appreciated citizens continuing to reach out to her and encouraged residents to make their voices heard; she will listen, help thern understand or get further information. She appreciated the complete packet compiled by Mr. Doherty and Ms. Neill I-Ioyson regarding the social worker, an issue that has been near and dear to Councilmember Fraley -Mon illas' for many years. She was hopeful there could be more structure and planning so everyone understands. For those who are too young for a COVID shot, Councilmember Buckshnis reported Bloodworks is again checking for COVID antibodies. Negative donors receive a letter from Bloodworks, she used that letter to go to Virginia and visit her nephew on a military base, It is always good to donate blood and the antibody test is an added benefit, COUncilmernber Fraley-Monillas thanked Counci i for the decision to move forward with the social worker. Living on the Highway 99 corridor where most household have two working family members, where communities of color predominantly live as well as the disabled, veterans and seniors, she was disappointed with the delay. Police calls in that area are ten times higher than other parts of the City. She suggested Councilmember keep that in mind, that not all Edmonds residents are equal and living in certain environments creates differences in the way sorneone looks at things and the type of services they need, Student Rep Roberts urged everyone to please wear a mask and get vaccinated as those are the only ways to prevent more deaths. Although recovery from COVID will be a long road, looked forward to the recovery and hoped to reach it once everyone wears masks and the case counts continue to decrease. Councilmember L. Johnson recognized the lifesaving efforts made during the previous weekend's snowstorm. While many were inside staying warm, others were out in the freezing elements unsheltered. Due to the persistence and a lot of last minute work by a number of residents, volunteers and people in certain positions who recognized the urgency of the situation, they were able to open a day warming center at College Place Middle School which literally prevented people from freezing to death. Many, many volunteers dedicated their time, made phone calls, etc. Edmonds School District and Verdant played a big part as did We All Belong which operates the emergency overnight cold weather shelter. The need is still great for donations and volunteers especially for those who have been vaccinated. Further information is available at WeAllBeiong,org, The senior center has been used as an overnight shelter in the past; she looked forward to the Waterfront Center opening and determining if it could again be offered to the unhoused members of the community. She thanked everyone who came together to do that; she greatly appreciated them looking out for the most vulnerable in the community. 13. ADJOURN With no further business, the Council meeting was adjourned at 10:54 p.m. dMIZEL NELSON, MAYOR a-COPASZSEY, CITY CL Edmonds City Council Approved Minutes February 23, 2021 Page 32 Public Comment for 2/23/21 Council Meeting: From: joe scordino Sent: Wednesday, February 17, 2021 1:35 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; Lien, Kernen <Kernen.Lien @edmondswa.gov>; Hope, Shane <Shane.Hope@edmondswa.gov> Cc: Wippel, Teresa (My Edmonds News) <myedmondsnews@gmail.com> Subject: Draft tree code needs major rewrite I would like to recommend that the City Council consider the following in giving advice to City staff for amending/rewriting the draft tree code. The draft is in serious need of rewrite because of its lack of focus on BIG trees (i.e., 8" diameter or more) and unnecessary complexity and exceptions that create HUGE loopholes in the City's effort to preserve its tree canopy. [NOTE: I didn't provide the below as a public comment at last night's Council meeting because many in the public are feeling more and more that the Mayor, the Council, and City staff are not acknowledging "informed" public comments). PROTECTION: Focus the tree code regulation on protecting BIG trees and preventing them from being cut down to the maximum extent possible with due consideration for public safety and residential development where/when it is possible without reducing existing tree canopy and wildlife corridors in Edmonds. City should not be involved if someone wants to cut down an apple tree or prune small trees and shrubs on private property (unless they are in critical areas). Focus should be on reducing/stopping the cutting of BIG trees throughout the City regardless of type of parcel. BIG trees should be clearly defined in the tree code (e.g., those with 8" diameter or greater) and the tree code should pertain only to BIG trees. REPLACEMENT: Require replacement of every BIG tree removed with "ecologically equivalent" number of same or similar species of BIG trees. Evergreen trees must be replaced with same or similar species of evergreen trees. One approach for REPLACEMENT is to have the sum of the diameters of the replacement trees equal the diameter of the BIG tree removed. Edmonds City Council Approved Minutes February 23, 2021 Page 33 The replacement trees should be planted on same parcel or in same watershed and contribute to the existing tree canopy in that watershed except for watersheds where "views" are an established priority for that watershed (e.g. the Edmonds Bowl in the Shellabarger watershed). TRACKING and ENFORCEMENT: To enforce prevention of BIG tree removal and allow for tracking of the existing tree canopy in Edmonds, a permit system must be implemented for all BIG tree removals. Removal of BIG trees should be prohibited without a permit issued by the City of Edmonds. Permit application fees should NOT apply to developed parcels requesting a permit for removal of trees for public safety purposes or instances where trees are impacting utilities. The tree code should establish conditions for permit issuance based on purpose and locations of proposed tree cutting. The tree code should allow discretion by the City Development Director on permit conditions but only for discouraging BIG tree removal. Permits should not be issued for removal of BIG trees on developed parcels except in instances of public safety or where trees are impacting utilities. Undeveloped or subdivided lots proposed for development should be limited on the percentage (e.g., 50%) of BIG trees that can removed from that lot. INCENTIVES: The tree code should include economic incentives to discourage the removal of BIG trees. A BIG tree removal fee (e.g., $3,000 to $5,000 per tree) should be established for undeveloped or subdivided lots as an incentive to developers to retain as many BIG trees on the lot as possible. Tree removal fees should be placed in a Tree Fund that is used by the City to improve the existing tree canopy. Edmonds City Council Approved Minutes February 23, 2021 Page 34