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Cmd051821EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING APPROVED MINUTES May 18, 2020 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 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Shane Hope, Development Services Director Jessica Neill Hoyson, HR Director Rob English, City Engineer Bertrand Hauss, Transportation Engineer Jeanie McConnell, Engineering Program Mgr. Jeff Taraday, City Attorney Angela Tinker, City Attorney's Office Scott Passey, City Clerk 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 Fraley-Monillas 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." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present, participating remotely. 4. PRESENTATIONS 1. RESOLUTION HONORING THE LIFE OF NATALIE SHIPPEN Councilmember Fraley-Monillas recognized members of Ms. Shippen's family in the Zoom audience. She read a resolution honoring Natalie Shippen and acknowledging that her contributions to the City of Edmonds will be missed. Edmonds City Council Approved Minutes May 18, 2021 Page 1 Councilmember Fraley-Monillas said she worked with Ms. Shippen over the years and although they didn't always agree, they had a good relationship and found ways to work through those issues. Council President Paine invited family members to speak. Sarah Shippen, Natalie's daughter, thanked the Council for recognizing their mother. Our mom committed her life to advocating for the Edmonds she loved. In 1942, at age 15, she moved with her parents from Montana. She attended the old.Edmonds High School (now the performing arts center), graduating in 1946. The high school later became Edmonds junior high where all four of her children graduated. The creation of a performing arts center was also one of the projects she advocated for and she happily attended the Cascade Symphony performances into the 2020 season. From an early age, she applied herself energetically to her interests. At Edmonds High, she was an editor on the school paper and achieved a varsity letter in three sports. She attended the University of Montana her freshman year, then transferred to the University of Washington, graduating in 1952 with a degree in anthropology and a teaching certificate. She met their father, Herbert Shippen, a WWII veterans attending the UW as an anthropology graduate student on the G.I. Bill and they married in Edmonds in 1953. Our father took a job in the territory of Hawaii where they started a family and moved back to Edmonds in 1960, building a house on Euclid Avenue where she lived the rest of her life. Ms. Shippen explained her mom had two great passions in her life, the great outdoors and local politics. As a family, they hiked and skied all over the Pacific NW while growing up. After her children left for college, she became a backcountry volunteer park ranger in the North Cascades National Park, living in the wilderness for several summers. Her parents continued to ski and hike into their late 80s. Her interest in local politics began in the 1960s with her membership in the League of Women Voters. Some of her youngest brother's first words were, mama go to meeting? While on the Edmonds Council, she advocated for underground wiring, corner parks, the hanging flower baskets, the fountain at 5' & Main, building height restrictions, music in the park, and maintenance of a publicly accessible waterfront. As adult children, she and her siblings frequently helped her type and read her letters to the editor. This could be an uncomfortable experience as she could be searingly direct in her opinions. She may have clashed with some people in her spirited defense of her opinions, but it came from her love of Edmonds. She is missed and her children appreciate growing up in Edmonds. Council President Paine commented it was nice to get view from the family's side of the woman who represented Edmonds so well. The difference that she made is visible. Councilmember Buckshnis said she knew Natalie well; she was a rebel. She was very good friends with her neighbor Janice Johnson and they often hiked and skied together. Natalie was extremely educated and she pushed for transparency, listening to citizens, and protecting the environment. Councilmember Buckshnis was saddened to hear of her passing; she left great a legacy and was a wonderful gem for Edmonds. 2. 2020 PROSECUTOR'S OFFICE ANNUAL REPORT 7:08 Jim Zachor, Zachor and Thomas, introduced Velena Stock. Mr. Zachor and Ms. Stock reviewed: • Personnel o Attorneys ■ Yelena Stock — Supervising Attorney ■ Winston Choe — Associate Attorney ■ James Zachor — Supervising Attorney o Firm Total * 9 Attorneys ■ 1 Full Time Legal Assistant ■ 2 Part Time Legal Assistants Edmonds City Council Approved Minutes May 18, 2021 Page 2 • Prosecution in a Time of Pandemic ■ Courts and COVID-19 o Case filiiicom arison Year Traffic Infractions Non -Traffic Infractions DUI/Physical Control Other Criminal Traffic Criminal Non -traffic Total Total Criminal Filings 2017 3825 53 90 331 502 4801 923 2018 4547 29 144 328 466 5514 938 2019 1 2804 1 38 135 1 343 1 507 1 3827 1 985 2020 1 1819 1 32 105 183 5121 2651 1 800 March Traffic Non- DUI/Physical Other Criminal Total Total Infractions Traffic Control Criminal Non -traffic Criminal Traffic Filings 2019 267 3 13 42 50 375 105 2020 74 2 9 8 34 127 51 April Traffic Non- DUI/Physical Other Criminal Total Total Infractions Traffic Control Criminal Non -traffic Criminal Traffic Filings 2019 334 2 11 36 44 427 91 2020 20 5 4 3 33 65 40 May Traffic Non- DUI/Physical Other Criminal Total Total Infractions Traffic Control Criminal Non -traffic Criminal Traffic Filings 2019 238 9 11 1�7 43 338 91 2020 55 3 7 54 128 70 • DWLS 3: Diversion/Relicensing Program o DWLS 3 Case Statistics .. Since 1/l/20-5/11/21 - Cases filed (includes bench warrant cases): 168 - Cases pending (includes bench warrant cases): 97 - Cases dismissed for relicensing (or in interests of justice): 82 - Cases amended to NVOL 2: 3 - Cases with guilty finding: 3 - Dismissal for other reasons (Motion, refiling or plea to other charges): 5 ■ Since 1 l/1/20-5/11/21 - Cases filed: 20 - Cases pending: 14 - Cases that qualified for filing of DWLS 3 charge: 19 - Cases dismissed (or set for dismissal): 6 - DWLS 3 cases filed on day of general order: 1 (would have been NVOL 2 but for being filed prior general order.) Update 0 2020 • Jury Trials ■ Appeals o Prospects for 2021 ■ Return of Jury Trials ■ Return of Community Court ■ DWLS 3 Divers ion/Relicens ing Program launch Edmonds City Council Approved Minutes May 18, 2021 Page 3 Councilmember Buckshnis referred to Appendix B which seems to indicate a lot of people have numerous offenses. Mr. Zachor said the names of the offenders have been redacted; the name on that report is the police officer's name. Councilmember Buckshnis asked if anything could be done about repeat offenders of DWLS 3. Mr. Zachor answered with DWLS 3, they try to take a compassionate accountability approach. The goal of the Prosecutor's Office, Public Defender, the City Council, and the State is to get them relicensed. The Public Defender's Office is extremely skilled and knowledgeable in navigating the Department of Licensing. He hoped most of the repeat offenders charged with DWLS 3 will enter the diversion/relicensing program where they can avoid criminal charges and avoid jail time for not showing up in court and still get the opportunity to work with the Prosecutor's Office and the public Defender's Office to help them get relicensed and not face a criminal charge. The goal is to focus on getting chronic DWLS 3 individuals relicensed, but they have to be willing to accept that help. Ms. Stock commented for repeat offenders it may be difficult to maintain their license. Just because that happens, their office doesn't just ignore them, they try to help them get relicensed again. Mr. Zachor said the new legislation signed last week, SB 5226, removes it from suspension when a person fails to pay. One of the long time arguments is that people don't pay or respond to their tickets. The action the legislature has taken will hopefully help people not feel so intimidated by the court system when they cannot pay. The Department of Licensing (DOL) is reviewing driver histories and removing suspension for failure to pay which has resulted in people having their licenses unsuspended and reinstated. That bill goes into January 2023 which will give the DOL time to go through their records to determine who should get their license back. Councilmember Distelhorst expressed appreciation for the collaborative approach to DWLS 3 program development, both from the Prosecutor's Office, The Public Defender, the Municipal Court and especially the Diversion and Relicensing program. Getting people relicensed has to be the number one goal of that program. It will be approximately 18 months until the state law effective. He appreciated the Prosecutor cooperating with the other stakeholders on that work and appreciated the benefit to Edmonds residents and people who come into contact with Edmonds Municipal Court. Mr. Zachor said it has been their pleasure working with the Council, the Public Defender's Office and the Court on getting a relicensing program started by July. There will be kinks to work out, but the parties are working well together and will make it happen. Council President Paine agreed with Councilmember Distelhorst comments, expressing her appreciation for the time and effort they have put into the DWLS 3 Diversion program. She asked how many outstanding trials they have and how long it will take to get through the backlog. Ms. Stock answered they have about 12 cases set for trial between now and three trial sets. Not all of those will actually go to trial; some will reach resolution and some because they are so old, there may not be witnesses. When they get back to normal speed, it is not unusually to have 3-5 cases set per trial period. Council President Paine asked if there had been an increase in domestic violence charges in the past 9-10 months. Ms. Stock said there was not an increase in domestic violence charges, but a change in the type of domestic violence charges. Victims' ability to protect themselves by leaving or finding solace in public areas was eradicated by COVID which forced people to be in their homes. There was an increase in violence against children as children were not in view of mandatory reporters. There was an increase in overall domestic violence charges in the state, in Edmonds they saw more violation of no contact orders. That was because an order would be put in place, the offender would go home and due to COVID there was nowhere else to go. Tensions would increase and a neighbor would call the police, or a fight would break out and the police would be called, etc. Because COVID forced everyone indoors, they saw more violations of no contact orders, more alcohol related incidents, although there was a decrease in DUIs. Edmonds City Council Approved Minutes May 18, 2021 Page 4 Councilmember Olson referred to the tracking of NVOL II infractions and the City Council resolution regarding tracking the filing of NVOL II to ascertain whether the desired effect of getting drivers relicensed was working. The report states the Prosecutor's Office does not appear on the majority of infractions so does not have the ability to track the requested track data. She asked who has the data, whether it is the Edmonds Police Department, or who would work on that report if multiple departments each have part of the data. Mr. Zachor answered his office does not appear on unrepresented traffic infractions; they only appear when an officer is subpoenaed or a speed measuring devise expert is subpoenaed or they have an attorney. People are unrepresented in the vast majority of the NVOL II tickets. if they request a hearing, it is simply before the judge. Either the Police Department or the Court would have that data. Mr. Zachor presented the Voice of a Victim — Pam Jenness, recognizing Domestic Violence Coordinator Jill Schick for her work with domestic violence victims. The Jenness family's nightmare began eight years ago when their daughter began taking classes at the local community college and sat next to an individual with severe mental health issues. Rejected attempts to study with her ended up with their daughter becoming his obsession. The harassment became dangerous when she rebuffed his romantic advances. He appeared at her work place and came after her with a sword in 2013. During that assault, a co-worker physically removed the individual from the work place and was also assaulted. The individual led the police on a high speed chase through Edmonds and Lynnwood at speeds reaching 90 mph. After a period of calm, fear struck their world again on Christmas Day 2017 when the individual appeared in the driveway of their home. He was subsequently arrested and a determination made by the Edmonds Police Department on criminal stalking charges. In December 2019 after a long conversation with the Jenness family, the City agreed to enter into a diversion agreement with the individual, focused on significant mental health treatment, medication compliance and a permanent protection order. That diversion agreement is set to expire in December 2021. The individual has done extremely well; he has obtained the mental health treatment he needed, continues in counseling, moved several hours away after the determination of the Police Department and the Jenness family to hold him accountability, and he has been compliant with his medication to the point where he now has a job and has not contacted the Jenness family or their daughter. Their story is one of many, but rarely has a family and community come together like the Jenness family and their neighbors. Since filing criminal stalking charges 3+ years ago, the Jenness family has suffered through the failure of Western State Hospital and the mental health system, but have persevered. They have appeared at over 50 hearings during that 3 year time period, just wanting their voices heard in a criminal justice system that rarely affords people in their situation an opportunity to be heard. Voices of so many victims are rarely heard and are sadly silenced. He introduced Rick and Pam Jenness. Rick Jenness said they have had the fortunate/unfortunate opportunity to spend a lot of time with Mr. Zachor over the past 8 years. Their daughter is a victim of a criminal justice system that is profoundly broken. The components of that criminal justice system in Edmonds perform at the highest level which seems like a dichotomy, but starting with the Edmonds Police Department, whom he held in highest regard, Mr. Zachor's office who has been compassionate on an individual level when his office is bombarded by so many cases, and Municipal Court Judge Coburn who has heard most of those 50 hearings. Each component of the system is confronted with a dizzying array of contradictions and forced to choose between horrible alternatives. For example, after the assault of their daughter, this individual committed numerous other crimes in Edmonds including assaulting several Edmonds police officers, assaulted individuals in Mukilteo and has spent a good deal of time in Snohomish County Jail. From the time of his daughter's first assault to today, she has been in fear for her life for over 3,000 days. For 104 of those days, this individual was incarcerated in jail or at Western State Hospital. When the first assault occurred, she was 23 and is now 30; much of her life has been taken from her and it is as if she is the one in jail, not the person who has stalking her and causing her such fear. The members of the Edmonds Edmonds City Council Approved Minutes May 18, 2021 Page 5 criminal justice system have performed near perfection, but the system itself has failed. This individual was in jail in Snohomish County, awaiting an evaluation at Western State. Western State did not have time to do the evaluation, the jail did not have space for him so a hearing was set to release him. He and his wife were outraged that there would be no jail time, no punishment, and no evaluation for this mentally ill person. They realized that was how the rules are set up; if there is mental illness or mental disability in a case, there are numerous exit doors for dangerous individuals. Judge Coburn acknowledged this several times, but it was with Mr. Zachor's help that a stipulation was made for release and a GPS tracking was placed on this individual with a radius of 1000 feet from their house. He noted 1000 foot radius is not as far as it seems, but he had absolute confidence that if this individual penetrated that radius, the Edmonds Police Department would beat him to their driveway; that is how responsive they are and how much they care. He and wife are forever grateful for that. Mr. Jenness summarized there is an opportunity to make the case for closing some of these backdoors out of the criminal justice system that the criminals know about; victims are powerless. This individual committed upwards of 20 crimes after he assaulted their daughter, some of which were quite violent, an individual who was out due to one of the exit doors from the criminal justice system. The pain they and their daughter feel is caused by the fact there are so many opportunities for criminals to be set free from the justice system and have no accountability for their crimes. It is the design of the system, not the practitioners who have been flawless; the system allows these people too many freedoms. Their daughter is a victim who wants to be called a survivor and wants to live a peaceful life, but cannot do that. Pam Jenness thanked the Edmonds Police Department, Domestic Violence Victim Advocate Jill Schick and the Prosecutor's Office. She has learned during this ordeal that being present, being at every hearing, and having a relationship with the Prosecutor's Office and Police Department is important. It has taken a lot of time, but there is never too much time to keep one's family safe. They will continue their efforts to keep their daughter safe, but there needs to be a change. In the current climate, there is a lot of focus on people's rights and ensuring everyone is heard, but a lot of victims like their daughter feel like they are ones on the back burner or second class citizens when they hear in court all the things that need to be done for the defendant. If there is anything the Council can do with regard to legislation or their influence, that is something she and her husband continue to work on, being part of the change in the mental health system. Their reason for speaking tonight was to make the Council aware that there are people in the community who should not be free and are a danger. Even though this individual is doing well and is compliant with his medication, keeping their daughter safe still weighs heavy on their hearts. It has affected their neighbors, they have cameras all over their property, neighbors check in monthly for updates. Their daughter is a survivor but works hard every day to ensure this individual does not have a disabling effect on her. She extended her thanks to the Edmonds Police Department, the Prosecutor's Office and the City's Domestic Violence Coordinator Jill Schick for their help and support. Mr. Zachor commented without Ms. Schick, prosecution of a lot of the domestic violence crimes would not be successful. She is one of the most underpaid and underappreciated people working for the Police Department, but does more work than anyone to maintain contact with victims of interpersonal crimes. 5. APPROVAL OF AGENDA COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA iN CONTENT AND ORDER. Councilmember Buckshnis requested items 7.1, 7.3, 7.12 and 7.13 be removed from the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Edmonds City Council Approved Minutes May 18, 2021 Page 6 Mayor Nelson invited participants and described the procedures for audience comments. Linda Ferkingstad, Edmonds, referred to the new tree ordinance passed by the City Council which requires Edmonds land owners and soon every homeowner to pay for an arborist assessment and a fee equal to the worth of their tree to the City before removing it from their property. The City charges from $3300 to $12,000 for each tree over 24" DBH before removal. Councilmembers have sworn to uphold the constitution; it's ironic she is now pleading with the Council to reverse an ordinance that violates property rights given to them by the constitution. Individual property rights are now second to the agenda regarding trees that do not belong to the City. The move to punish property and homeowners who need to remove a tree while adhering to the strict guidelines of Edmonds defies the duties of City Council. The Council voted to place undue hardship on Edmonds land and homeowners; it is a taking of property without compensation to accomplish an agenda the Council feels is more important that constitutional rights. They worked with City planning for four years and have spent $100,000 to adhere to City guidelines, only to have delays and goalposts moved. They cannot trust what they have been told at their preapplication meeting. They have been given two options, pay $250,000 to the City in tree charges to fulfill their dream to build three modest homes where they want them on their land or pay $150,000+ in tree charges by placing their homes 10-15 feet apart and shrinking two of the lots, thereby lowering their value. The largest lot with the most potential view would have to retain the most trees and would be mostly unbuildable. They have lost property value, time, money and the joy of building and living next to her parents and hold the Council personally responsible. The people who commend this ordinance live on land where trees have been previously cut for their homes to be built. It is hypocritical to place restrictions and burdens on others once you have what you want. Rescind the taking of property rights and value that the Council is inflicting on all of Edmonds taxpayers. If the trees removed are sold for lumber, landowners optimistically hope to recoup part of the cost of their removal. If they do make money from their trees, it is their constitutional right to keep it, not the City's right to take it. When you sell your home, you're allowed to keep that money. Trees are owned by the property owner, not the City. She urged the Council to consider what they have done. Natalie Seitz, Edmonds, commented on the City's intent to regulate the maintenance of trees on private property. Although she understood the City's desire to keep trees, if climate predictions are true, trees can play a vital management strategy for the changing climate. However, regulating tree removal will not result in trees being retained or maintained to a large tree size that will be most beneficial. Regulating the removal of trees with fines, prohibitions, and replacement clauses creates negative relationship between trees and their owners which will result in their premature removal or neglect which then results in their removal. Trees in the urban environment require maintenance, maintenance that is likely to increase with changing climate as trees become more stressed and likely will require watering in many situations and increased maintenance to manage deadwood in the canopy, maintenance that is costly for large trees. Regulating trees at certain diameters, owners who already face significant barriers will evaluate whether they should continue to maintain a tree past a regulated size at the risk of permanent encumbrance on their property, knowing they will never be able to have a garden, lawn or other uses in the critical root zone area or facing increased scrutiny and permitting for the use and enjoyment of their property or simply remove the tree and either replant it or undertake other beneficial uses. The smaller the diameter regulation, the earlier this decision will happen and the resulting urban forest will become younger and younger with reduced benefits. Regulating trees in many contexts is also inequitable and places a disproportionate burden on owners of less developed properties who tend to correlate with overburdened communities. It is also inequitable because those with financial resources can argue a taking while those without those resources or empowerment face increased hazards and the burden of providing a "community resource" on their property. She has come to this understanding through her experience and asked that the City Council change course and consider other, more equitable and effective options to promote trees in the landscape. Edmonds City Council Approved Minutes May 18, 2021 Page 7 Rebecca Wolfe, Edmonds, recommended the City take a good, long look at other places in the U.S. that have passed ordinances regulating 5G telecommunication. She was concerned as a Snohomish County PUD Commissioner as well as for Edmonds. She referenced a document she sent to the City Council from the executive director of Environmental Health Trust who works with Elizabeth Kelly. She attended a 4-day conference, Science Appeal on 5G, that included a lot of doctors and scientists from the U.S. as well as Italy and central Europe who have done research about how non -ionizing electromagnetic radiation can cause genetic mutations, cell tissue damage and other problems. There are also lawsuits from people who feel they have been charged opt -out fees for the energy that is being provided to them and are suing to get the fees back because of the damage to their health. She hoped the City would take a hard look at that. James Deal, Lynnwood, an attorney, recommended Edmonds stand firm against the 5G small cell tower proposal and not just say they cannot be 200 feet or 1500 feet from a home, but ban them entirely because the constitute an assault. The state and cities retain power over health issues; this is a health issue. This is a quantum leap above all the other towers which broadcast at about 0.9 GHz; these will broadcast at 27+ GHz. At that level, the power densities increase as the wavelength diminishes, making them hotter. Worldwide the insect population has been in decline since the inception of the cell phone and insects are one of the bases for all life. He encouraged the Council to defy any federal statutes that prohibit the City from banning 5G because such a law is unconstitutional because 5G towers as well as the new 5G cell phones will have beamforming which mean it can be directly aimed. He provided the website for his organization, Coalition Against Smart Meters and 5G, JamesRobertDeal.org/smartmeters. He encouraged the Council to stand up, be brave, and to protect the health of Edmonds residents. He summarized more people need to stand up to PUD who is going down this boondoggle of smart meters; self -reporting is done by ConEdison, people log into a website to report their meter readings, avoiding a $9M expenditure to collect meter readings. (Written comments submitted to PublieComment@Edmoiidswa.gov are attached.) 7. APPROVAL OF THE CONSENT AGENDA ITEMS COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE THE CONSENT AGENDA. Councilmember Buckshnis reiterated her request to pull Items 7.1, 7.3, 7.12 and 7.13 from the Consent Agenda. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 2. APPROVAL OF CLAIMS 4. CONFIRM APPOINTMENT OF BOARD/COMMISSION CANDIDATE 5. 2020 TRAFFIC IMPACT FEE ANNUAL REPORT 6. APPROVE 10-FT STREET DEDICATIONS ALONG PUGET DRIVE AND 9TH AVE N ADJACENT TO 1414 9TH AVE N 7. REPORT ON BIDS AND AWARD CONSTRUCTION CONTRACT FOR THE 2021 OVERLAY PROGRAM PHASE 2 PROJECT 8. APPROVE SUPPLEMENTAL AGREEMENT WITH BLUELINE, LLC FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Edmonds City Council Approved Minutes May 18, 2021 Page 8 9. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES (DEA) FOR THE ELM WAY WALKWAY PROJECT 10. APPROVE THE WHPACIFIC NO COST -SUPPLEMENTAL AGREEMENT FOR THE 84TH AVE OVERLAY PROJECT 11. AUTHORIZATION FOR MAYOR TO SIGN LOCAL AGENCY PROFESSIONAL SERVICES AGREEMENT WITH KPG FOR THE 76TH AVE. W @ 220TH ST. SW INTERSECTION IMPROVEMENTS PROJECT 14. MARCH 2O21 QUARTERLY FINANCIAL REPORT ITEMS REMOVED FROM CONSENT 1. APPROVAL OF COUNCIL MEETING MINUTES OF MAY 11, 2021_ Councilmember Buckshnis said she pulled the minutes to abstain from approval because she was absent from the meeting. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE ITEM 7.1, COUNCIL MEETING MINUTES OF MAY 11, 2021. MOTION CARRIED (6-0-1), COUNCILMEMBER BUCKSHNIS ABSTAINING. 3. CONFIRM APPOINTMENT OF BOARD/COMMISSION CANDIDATE Councilmember Buckshnis advised she pulled this item to abstain from the vote. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE ITEM 7.3, CONFIRM APPOINTMENT OF BOARD/COMMISSION CANDIDATE. Councilmember K. Johnson suggested Councilmember Buckshnis actually wanted to pull Item 7.4 and suggested she clarify which appointment she wanted to abstain from. Councilmember Buckshnis said she wanted to abstain from the appointment to Position 5. MOTION CARRIED (6-0-1), COUNCILMEMBER BUCKSHNIS ABSTAINING. 12. 2020 TRANSPORTATION BENEFIT DISTRICT REPORT Councilmember Buckshnis said this report was provided to the Finance Committee and recommended for full Council. In reading RCW 36.73.160(2), some people interpret that as the TBD shall issue an annual report and it should go to the public. The Finance Committee recommended the TBD report go to full Council which Public Works Director Phil Williams agreed with and some people do not believe the law is being followed by having it on the Consent Agenda where people have to go through the data to find the report versus having a five minute presentation to full Council. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO MOVE A PRESENTATION ON THE 2020 TRANSPORTATION BENEFIT DISTRICT REPORT TO A DATE IN THE FUTURE. Councilmember Fraley-Monillas asked if there was a timeline for when the report needs to be approved. City Attorney Jeff Taraday said he was not aware of a deadline and certainly not one that would require action tonight. Edmonds City Council Approved Minutes May 18, 2021 Page 9 Council President Paine said she would argue against moving to a date certain and offered a counter motion to have it approved tonight. The report has been reviewed by two committees and the committees' questions were very limited. She would like to have the report approved tonight and then published. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO APPROVE THE 2020 TRANSPORTATION BENEFIT DISTRICT REPORT. Councilmember Fraley-Monillas raised a point of order, stating a Councilmember cannot make a counter motion. The options are to make an amendment or to table the motion. Mayor Nelson ruled point taken. Councilmember L. Johnson commented the report was provided to two committees, recordings of the committee meetings are available online for the public to watch, and there were minimal questions by the committees. She did not support the motion, noting the Council has a packed agenda. Councilmember Buckshnis commented her motion would not impact tonight's agenda. During past reports, Mr. Williams has always asked the Council about increasing the TBD fee but there was no discussion about that at the Finance Committee. There was a swift presentation at the Finance Committee due to a packed agenda and the committee recommended a presentation to full Council. In her opinion, according to law, an annual review that the public can see is required and she would like to discuss increasing the TBD fee. Councilmember Distelhorst commented the 2020 report is a look back which is different than looking forward and considering an increase to the fees. He agreed the report was reviewed by two committees and recordings of those meetings are available to the public. The PPW Committee had 10 items to get through in an hour, the Council has a very long agenda tonight and likely will continue to have long agendas in the future. This is an FYI report only that needs to be published to the public. Councilmember K. Johnson explained the TBD was established about a decade ago; its sole purpose was to provide funding for street projects within the City and as such it was a separate entity although the TBD Board was composed of Councilmembers. After some years, it was recognized that the City Council and TBD members were the same so a process was undertaken to integrate it into the City Council. She did not see the report as an ordinary, look back report; it is an opportunity for staff to bring forward the entirety of the TBD. She agreed with Councilmember Buckshnis' motion, likely because they have been on the Council for so many years and have seen the evolution. She did not want the report to be diminished due to its importance to the City's function. Councilmember Fraley-Monillas pointed out another option is for Councilmembers to encourage fellow Councilmembers to vote no on a motion. The report is an overview of what occurred over the past year. If Councilmembers Buckshnis or K. Johnson want to make a proposal to increase the TBD fees, they could do that as a separate issue and that would be appropriate for the Council to consider. The report was presented to two committees and she did not see any point of spending time on a presentation to the full Council. She did not support the motion. Councilmember Olson commented the Council has missed the boat by not having a Council retreat as evidenced by the number of philosophical things that keep coming up. When she read the guidance from the City Attorney, it seems clear that if the committee recommends something go to full Council, that is what occurs. According to the City Attorney, items go to Consent with unanimous support of the committee members or the Council President can choose to put it on the agenda for full Council. If there is not unanimous support, one of those two things has to happen. Continually putting items on Consent when the committee recommends full Council is contrary to good process and the Council continues to disagree philosophically about what's appropriate instead of having the 5-10 minute presentation that would have occurred. She did not see that changing unless the Council changes the guidance in the code; in her opinion, the guidance in the code is clear, if the committee recommends full Council, then that is what happens. Edmonds City Council Approved Minutes May 18, 2021 Page 10 Council President Paine pointed out the home committee recommended Consent which is what she based her decision on. She understood there was some discussion at the Finance Committee about the report going to full Council but she gave more weight to the PPW Committee's recommendation. Mr. Taraday pointed out since it was pulled from the Consent Agenda, it is now on the full Council agenda. Councilmember Fraley-Monillas commented it is up to the Council President to make that decision. She experienced the same issue, one committee wants an item to go to full Council. Councilmember K. Johnson raised a point of order, referencing Mr. Taraday's comment that the item had been pulled from Consent and was now on the full Council agenda. Mr. Taraday said Council still needs to take action on this item, but once it is pulled from Consent, it becomes a regular agenda item. There is a motion pending on a regular agenda item to move the report to a date in the future for presentation. The Council is currently debating a regular agenda item. Councilmember Fraley-Monillas asked who is the parliamentarian of this meeting. She commented Councilmember Olson has a point about stuff going back and forth. As the senior Councilmember, she said in 111/z years on the Council, she has never seen so many items pulled off the agenda as she has in the last 1'/z years. That needs to be considered, why so many items are being pulled from the agenda because that takes a lot of time. She recognized that also happened last year today and she found it very frustrating. Mayor Nelson requested Councilmembers keep their comments to the topic at hand, which is Agenda Item 7.12, and not discuss past issues. COUNCILMEMBER L. JOHNSON CALLED THE QUESTION. VOTE TO CALL THE QUESTION CARRIED UNANIMOUSLY. UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; AND COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE THE 2020 TRANSPORTATION BENEFIT DISTRICT REPORT. Councilmember Distelhorst said he would be happy to have a presentation/discussion looking forward and evaluating future options regarding the TBD. This report is a look back at 2020 and those two things do not necessarily need to be done at the same time. Councilmember K. Johnson said she thought by pulling this item, it automatically went on tonight's regular agenda as Item 11.2. Mayor Nelson said the Council is discussing it right now. Councilmember Olson asked if the presentation could be made now. By pulling it from the Consent Agenda, that was the expectation. Councilmember Fraley-Monillas raised a point of order, stating her motion was to approve the report. Mr. Taraday agreed the motion on the floor was to approve the report. He was unsure anyone was available to snake a presentation right now. The prior motion that was defeated was to have a presentation made so it appeared a majority of the Council was not interested in a presentation. Councilmember Buckshnis said she will not create a memo for a look forward because she did not have time. If this item had been placed on the full Council agenda as recommended by the Finance Committee, a presentation would have been made. Edmonds City Council Approved Minutes May 18, 2021 Page 11 UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS DISTELHORST, FRALEY- MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING NO. 13. RENEWAL OF VERIZON CELL TOW ER LEASE -FIVE CORNERS Councilmember Buckshnis explained Item 7.14 was the March Quarterly Financial Report. The Finance Committee vetted the report and recommended a presentation to full Council as has been done in the past for quarterly financial reports. Instead, the report was placed on the Consent Agenda. Many citizens look forward to the quarterly report and it is a matter of transparency. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO MOVE THE QUARTERLY BUDGET PRESENTATION TO A FUTURE DATE. Councilmember Fraley-Monillas asked if the Finance Committee meeting was recorded. City Clerk Scott Passey advised the meeting is recorded and the recording is posted online. Councilmember Fraley-Monillas pointed out citizens who want to see the report can find it on the City's website. Mr. Passey said citizens can join the meeting live on Zoom and once the meeting concludes, he posts the video to the City's website. Councilmember L. Johnson pointed out the item Councilmember Buckshnis pulled was 7.13, but she is now discussing Item 7.14. The Council already passed Item 7.14. Councilmember Buckshnis said her intent was to pull Item 7.14, and asked Mr. Taraday how she should proceed. Mr. Taraday recommended she make a motion for reconsideration of Item 7.14. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, FOR RECONSIDERATION OF AGENDA ITEM 7.14, MARCH 2O21 QUARTERLY FINANCIAL REPORT. Councilmember Olson said if a committee recommended an item be referred to full Council, it should be on the agenda for full Council. Councilmember Distelhorst pointed out the Finance Committee meeting minutes contain some bullets and other information including a statement that the first three months have gone according to budget, nothing negative to report, and the video is available. He asked if there was some specific, relevant vetting beyond what was contained in that discussion and report. Councilmember Buckshnis said the presentation historically provided by the Finance Director shows sales tax, the investment portfolio and other information in a graphic format as well as a narrative which was not part of the Finance Committee meeting. Citizens who watched the Finance Committee meeting will hear the Council discussing various things but will not see a presentation regarding the quarterly financials. There is a big difference between vetting the financial statements and quarterly financial presentation which many citizens are interested in. Councilmember K. Johnson said the issue seems to be the role of the committees. Committees review a great deal of information and make decisions whether items go on Consent or to full Council. Councilmember Fraley-Monillas raised a point of order. Mayor Nelson said while that may be an issue for future Council consideration, Councilmembers should keep their comments to the motion on the floor. Councilmember K. Johnson said her comments are related to the motion and the role of the Council President when a committee recommends an item come to the full Council. Edmonds City Council Approved Minutes May 18, 2021 Page 12 Councilmember Fraley-Monillas commented not every financial report came to the full Council last year. People can watch the video, look at the graphs and if they have questions, call the Finance Director. She encouraged the Council to move on as this discussion is getting bogged down. Council President Paine said she made the decision to allow the Council to move forward with the work that is before the Council. Councilmember K. Johnson raised a point of order, stating the comments were not germane to the question. Council President Paine withdrew her comment. UPON ROLL CALL, MOTION FAILED (4-3), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; AND COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE ITEM 7.13, RENEWAL OF VERIZON CELL TOWER LEASE - FIVE CORNERS. MOTION CARRIED UNANIMOUSLY. 8. PUBLIC HEARING 1. PUBLIC HEARING FOR THE 2022-2027 SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM Public Works Director Phil Williams introduced the 2022-2027 Six -Year Transportation Improvement Program. Councilmember Buckshnis raised a point of order, relaying that some people believed this public hearing had not been noticed properly because it was scheduled before the TIP was presented to Council. She suggested continuing the public hearing. City Attorney Jeff Taraday said there is no legal compliance issue; to the extent the Council wants to have a public hearing a week after the presentation, the Council could continue the public hearing to next week. Mayor Nelson asked when that needed to be determined. Mr. Taraday said it could occur at any time during this agenda item. Traffic Engineer Bertrand Hauss reviewed: 0 Introduction o Revised Code of Washington (RCW) requires that each city update their TIP by July 1st o Document contains all significant transportation projects that a city possibly plans to undertake in the next six years. o City of Edmonds policy: TIP financially constrained first three years o Federal Grants, State Grants, and Local funds are programmed as revenue source for TIP projects. Construction Projects in 2021 • Annual Street Preservation Program (Project 41) o Project Details ■ — (5) lane miles of variable depth overlay along local streets throughout the City ■ (11) curb ramps upgrades (completed by City crews) ■ Annual Funding Goal: $2 Million per year o Schedule ■ Summer 2021 Edmonds City Council Approved Minutes May 18, 2021 Page 13 o Funding ■ Local funds $841,000 ■ Utility Funds $310,000 Citywide Pedestrian Crossing Enhancements (Project #24) o Project Description • Complete citywide pedestrian crossing enhancements at (9) locations, with the following: - Rapid Rectangular Flashing Beacons (RRFB's) at (7) intersections - HAWK signal (SR-524 @ 84th Ave. W) - Fully actuated traffic signal (SR-104 @ 232nd St. SW) o Schedule • Design April 2018 -November 2020 • ROW April 2019 - April 2020 ■ Construction March 2021 - Summer 2021 o Funding ■ Federal Grant (Safe Routes to School Program / TIB) $1,576,000 • Local funds (125/126) $663,000 • Utility funds $51,000 Traffic Calming Program (Project #44) o Project Description • Installation of traffic calming devices along certain stretches (based on results from evaluation) o Schedule • Construction Summer / Fall 2021 o Funding ■ Local Funds $33,000 (2021 Budget) Scheduled Construction Pro'ects (2022/2023) • 76th Ave. W Overlay from 196th St. SW to OVD (Project #2) o Project Description • 2" overlay with ADA curb ramps upgrades ■ Evaluate addition of mid -block crossing with RRFB's ■ Evaluate addition of northbound bike lane (currently sharrows) • City of Lynnwood funding east side of corridor o Schedule • Design 2021 • Construction Spring / Summer 2022 o Funding • Local Funds $429,000 • Secured grant$645,000 ■ City of Lynnwood $881,000 • SR-99 Revitalization & Gateway Project - Stage 2 (Project # 8) o Project Description ■ Installation of landscaped raised median along entire corridor from 244th St. SW to 210th St. SW with (131) trees • HAWK signal - 400' north of 234th St. SW • Gateway signs on both ends of corridor o Schedule ■ Design 2020-2021 • Construction 2022 o Funding ■ Connection Washington $8,210,000 • Local funds $290,000 Edmonds City Council Approved Minutes May 18, 2021 Page 14 Citywide Bicycle Improvements project (Project #43) o Project Description ■ Install sharrows along 80th Ave. W from 228th St. SW to 220th St. SW • Install bike lanes along key corridors — 100th Ave. W / 9th Ave. S from 238th St. SW to Walnut St.; — Bowdoin Way from 9th Ave. S to 84th Ave. W; and • 228th St. SW from 78th Ave. to — 80th Ave. W. o Schedule ■ Design 2020 / 2021 ■ Construction 2022 o Funding ■ Sound Transit Access grant ■ $1.85 MILLION (100% funds) Elm Way Walkway from 8th Ave. S to 9th Ave. S (Project #27) o Project Description ■ Identified as Short Walkway 96 in 2015 Transportation Plan ■ Complete missing sidewalk links (— 700' new sidewalk on south side of street) ■ ADA curb ramp upgrades o Schedule • Design Spring 2021 — Spring 2022 ■ Construction Summer 2022 o Funding • Local funds $716,000 • Stormwater funds (Fund 422) $402,000 Other Projects in 2022-2027 TIP a. Corridor Improvements 0 228th St. SW from Highway 99 to 95th Pl. W (Project #13) 2025-2027 o SR-99 Revitalization (Project #9) 2025-2027 o SR-99 Revitalization from 220th to 224th (Project #10) 2022-2027 o SR-99 Revitalization from 244th to 238th (Project #11) 2022-2027 b. Pavement Preservation o Annual Street Preservation (Project #1) 2022-2027 o Main St. from 6th Ave. to 8th Ave. (Project #3) 2023-2024 c. Signal Upgrades o Puget Dr. @ OVD (Project #5) 2025-2026 0 238th St. SW @ 100th Ave. W (Project #6) 2025-2026 o Main St. @ 3rd Ave. (Project # 7) 2026-2027 d. Intersection Improvements 0 76th Ave. W @ 220th St. SW (Project #12) 2021-2025 0 196th St. SW @ 88th Ave. W (Project #14) 2025-2027 o Main St. @ 9th Ave. (Project #15) 2025-2026 o SR-104 @ 95th Pl. W (Project #22) 2025-2026 o SR-104 @ 238th St. SW (Project #23) 2025-2026 e. Active transportation projects 0 4th Ave. Corridor Enhancement Walkway (Project #37) 2022-2026 0 SR-104 @ 76th Ave. W Non -Motorized Transp. Impr. (Project #39) 2025-2026 o SR-104 / Pine St. Sidewalk (Project #42) 2025-2026 o Walkway projects within proximity to schools / parks y Maplewood Dr. Walkway (Project #26) 2025- 2027 ■ 80th Ave. Walkway from 212nd St. SW to 206th St. SW (Prof. #28) 2025-2027 ■ 80th Ave. W Walkway from 188th St to Olympic View Dr. (Prof. #29) 2025-2026 Edmonds City Council Approved Minutes May 18, 2021 Page 15 Summary of Secured Transs2ortation Grants between 2017 and 2021 ] Project Name Grant Phase Amount Award Date Pro ram Secured Citywide Pedestrian Safe Routes to Design / ROW $1,576,00 April'17 Crossing Enhancement School /Construction Hwy 99 Revitalization - Connecting Design / ROW / 8,210,000 April'17 Stage 2 Washington Construction Citywide Bicycle Sound Transit Design $1,850,0 0 -'19 Improvements /Construction 76th Ave. W Overlay from STP Federal Design $645,000 November `19 196th to OVD /Construction Main St. Overlay from 6th STP Federal Design $750,000 December'20 to 8"' /Construction 76th Ave. W @ 220"' St. CMAQ / STP Design / ROW $1,089,500 November `19 / SW Intersection Federal December'20 Improvements SR-104 ITS Adaptive CMAQ Federal Design $287,000 December'20 System Hwy 99 Revitalization from STP Federal Design $1,500,000 April `21 220th St. SW to 224th St. SW Hwy 99 Revitalization from State Funds Design $6,500,000 July'21 244th St. SW to 238th St. Tentative SW Total Secured Transportation Grants Over Last 5 Years: $22,331,000 Possible Sound Transit Grants Project Name Grant Program Phase Amount Sponsor Requested Res onse Downtown Lighting Sound Transit ST-3 Design / $1,500,000 July'21 Construction 228th St. SW Corridor Sound Transit ST-3 Design / $14,700,000 July'21 from Hwy 99 to 95th PI W Construction Pine / SR-104 Walkway Sound Transit ST-3 Design / i $3,000,000 July'21 I Construction Mr. Williams described transportation improvements that are funded with local funds such as six more RRFBs on Dayton at 7t" and 8"', raised pavement markers and a radar feedback sign westbound on Dayton west of 8` to warn drivers about potential loading/unloading of cars at the Frances Anderson Center. The deadline to approve the TIP is July 1 s'. The Council approved the design of Elm Way on tonight's Consent Agenda. The project on the south end of Highway 99 from 238"' to 244"' will coordinate with the developing community renewal plan in that area. The City will want to provide input to the Sound Transit Board and staff on projects; some of the leftover improvements that were expected in Mukilteo and Edmonds ($40M was set aside for those purposes) will likely be on the chopping block. The City will need to evaluate that list and what was expected and try to prioritize as much of it as possible and include it on the funded list. Councilmember L. Johnson expressed appreciation for the number of improvements specific to ADA accessibility, walkability, and pedestrian and bike safety. She referred to Item 43, Citywide Bicycle Improvements, recalling staff was comfortable with sharrows at the 80" Avenue intersection because under 1000 vehicle go through the intersection per day. For comparison, she asked how many cars go through the intersection of SR 104/100"'. Mr. Hauss answered about 25,000 cars/day on SR 104 and 10,000 cars/day Edmonds City Council Approved Minutes May 18, 2021 Page 16 on 100"' so about 35,000 total. Councilmember L. Johnson recalled the proposal was sharrows southbound on 1001", Avenue, yet the volume is significant higher than 801h Avenue. Noticing the disparity, she suggested that be considered more closely moving forward. Mr. Williams recalled that came up before, and although he did not disagree, there was not sufficient right- of-way for bike lanes in both directions at the intersection. The intent was to pick the direction that would provide the greatest benefit, northbound, and southbound will have sharrows as well as offramps for bikes onto the sidewalks to allow bicycles to cross the intersection in the crosswalk and reenter the bike lane. That is an interim solution and staff will look for opportunities to potentially acquire additional property on the northwest and southwest corners of the intersection or have it dedicated via redevelopment in order to install a bike lane. Council President Paine expressed support for continuing the public hearing to next week. Councilmember K. Johnson expressed interest in the 11 curb ramp upgrades that are planned this year as well as the Elm Way missing link from 8"' to 9"' that is on the short sidewalk list. She asked if those would both be done by the sidewalk crew. Mr. Williams answered although the Elm Way walkway is on the short walkway list, that is a long sidewalk for the crews to do. A sizeable length of sidewalk was installed on 15"' a few years ago. The City has two dedicated staff on the sidewalk crew, but a large project has to be supplemented with other staff on the day of the pour. The Elm Way walkway is 700 feet plus the potential for something behind the sidewalk in some places. The design for that walkway is being done by an outside firm; the advantage and cost savings of the sidewalk crew is on projects where the City's inhouse engineering department can do limited design and the crew does the installation. He noted 700 feet is a pretty liberal definition of a short walkway and it is not planned to be done inhouse Councilmember K. Johnson asked if the 11 curb ramps would be done by the sidewalk crew. Mr. Williams answered yes; the crew did curb ramps last year and the year prior. More curb ramps have been done, the ones listed are only the ones done as part of the City's paving program where current law requires curb ramp upgrades when the street is paved. Those are done very cost effectively with the concrete crew. In the past, the City hired someone to design the ramps and hired Snohomish County or private contractors to install the ramps. The concrete crew has gotten very good at installing the ramps. Councilmember K. Johnson acknowledged the high expectations for upgrading ADA ramps. She recalled then-Councilmember Tibbett and she worked with Mr. Williams to develop the concept of a sidewalk crew. The Council recently had an annual budget retreat with Mike Bailey who said after the Council approves the budget, they need to monitor it. With the Mayor's permission, she expressed interest in meeting with Mr. Williams before the next public hearing to monitor the status of the sidewalk crew to ensure funds are being spent on the intended purpose. ADA ramps were considered as something that could also be done, but the primary purpose in her mind was to complete the sidewalk program. The TIP seems to have almost the same number of long and short sidewalk projects every year. Mr. Williams was agreeable to meeting with Councilmember K. Johnson. He pointed out the definition between a long and short sidewalk project is a little fuzzy. In his opinion 100-200 feet could be done inhouse but it depends on the complexity. A lot of sidewalks are missing because they are in areas where it is difficult to build them. For example, the east end of Elm Way where it meets 9"' Avenue is steep and initially required a large retaining wall which exceeds internal capabilities even for a shorter sidewalk. Although it has been referred to as a sidewalk crew, the funding was for a concrete crew. Short sidewalk segments were a big focus of the crew and still are, but they need to be ones that can be done without a great deal of design. Councilmember Olson gave kudos to staff on the successful grant applications, commenting that was an impressive amount and the quality of the City's infrastructure is largely due to those efforts. She referred Edmonds City Council Approved Minutes May 18, 2021 Page 17 to the 76"' Avenue Overlay and the possible conversion of sharrows to bike lanes and wanted to ensure citizen input was a siZD gnificant element in that project such as the loss of parking and impact on commute time. She appreciated the added safety signage at pedestrian crossings on Dayton, recalling that more were coming. She felt there was already visual clutter and asked whether it was intuitively obvious that a crosswalk sign on the right meant the crosswalk went all the way across street and whether additional signage was needed on the left side. She suggested having the back side of the signs on the other side black or silver to not catch the eye. Mr. Williams answered they will be. There will be west facing and east facing signs about the same distance from the crosswalk notifying drivers within 150 feet of the marked crosswalk. Technically there are four crosswalks at every intersection whether marked or not, and drivers are supposed to look for pedestrian crossing from the four corners. Marked crosswalks also help point that out and signage at busy intersections where there is a lot of pedestrian traffic as well as the new and relative inexpensive RRFB are very useful. Working with the neighbors on Dayton, it was agreed to put in two additional RRFBs at 8"' and one at 7"' which service the Frances Anderson Center, the playfields, library, and other uses in that area. He agreed if too many are installed, drivers feel unless there is a RRFB, they do not need to look for pedestrians which is not the case. He assured there was a balance to be struck. Councilmember Olson said for one of the new ones that was installed, there were four crosswalk signs facing both directions which she felt was too much. She did not see why the signs on a driver's left in either direction would be necessary and only the two in the driving lane would be necessary. Mr. Hauss said at 2nd and Dayton the signs were dual faced so there were eight signs at the intersection, four facing one direction and four facing the other direction. The intent is to increase drivers' awareness that there could be pedestrian on either side of the crosswalk. Councilmember Olson suggested if it was not a legal requirement, the team evaluate whether it is necessary because, as a driver, she is aware pedestrians could be coming from either side. She viewed it as visual clutter and preferred not to have signs on the drivers' left. Mr. Williams said staff will discuss it and return to Council if necessary. Councilmember Distelhorst thanked Mr. Williams, Mr. Hauss and Mr. English for their work on this and their presentation to the PPW Committees last week. He looked forward to the bicycle improvement program returning to Council. Mr. Williams said he was proud of the work done on grant acquisitions; Mr. Hauss and Mr. English are the team that put that together. The success speaks for itself and he thanked them. Mayor Nelson opened the public hearing and described the hearing procedures There was no public testimony. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO CONTINUE THE PUBLIC HEARING TO NEXT WEEK. MOTION CARRIED UNANIMOUSLY. Mayor Nelson declared a brief recess. Mayor Nelson relayed in consultation with Council President Paine, it was agreed to reschedule Items 9.2 and 10.1 to a future meeting. 9. NEW BUSINESS 1. REORG OF CLERK'S OFFICE TO ADMINISTRATIVE SERVICES -JOB DESCRIPTION CHANGES FIR Director Jessica Neill Hoyson said this item is the job descriptions that need to be updated associated with a reorganization of the Clerk's Office into what will be titled the Administrative Services Department, Edmonds City Council Approved Minutes May 18, 2021 Page 18 currently the Finance Department. There are some very similar administrative functions in the two departments; the reorganization would create economies of scale by combining the functions, freeing up the Clerk to focus on clerk functions rather than the administrative functions that over the years have been moved to the Clerk's Office. It would also provide additional opportunity for staff currently in the Clerk's office to learn additional functions in the Finance Department. The job descriptions will be updated such as the Office Specialist Position, the City Clerk, the Deputy City Clerk positions. There is a proposal to change the Records Support Specialist to the Public Records Officer and change the Business Licensing Clerk to an Administrative Assistant. The Finance Director's title would be changed to Administrative Services Director as well as indicate oversight of records in that department. The Deputy Director position will be updated to address the reporting relationship of records and the Office Specialist and the Administrative Assistant which will be under the Deputy Director position. Ms. Neill Hoyson reviewed pay changes associated with the reorganization: The Administrative Assistant position and the Public Records Officer would have pay upgrades of two ranges. These were both outstanding compensation issues; the Records position had been accreted into the union and pay for the position had not yet been established. The Business License Clerk position was being reviewed as the position's functions were very similar to the Administration Assistant functions. There is also a change proposed to the Deputy Director of Administrative Services; currently the position is paid a range below the only other Deputy Direction position in the City, the Deputy Director of Parks & Recreation. The proposal is to align those positions to the same pay range. The cost for the change to the Public Records Officer and the Administrative Assistant will be approximately $6,000 this year. There would be no associated costs with the change to the Deputy Director unless someone is hired at the top step. As that position is vacant, there would be no reclassification for that position. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO APPROVE THE RECOMMENDED CHANGES, JOB DESCRIPTIONS AND CHANGES TO THE ORG CHART FOR THE ADMINISTRATIVE SERVICES DEPARTMENT. Councilmember Olson referred to the change in the Deputy Director position from a minimum of five years supervisory responsibility to three years, noting the Director position only requires a minimum of four years of supervisory responsibility. She felt that five years of supervisory responsibility was appropriate for the Director. Ms. Neill Hoyson clarified the current supervisory experience for the Administrative Services Director position is four years and Councilmember Olson's suggestion was that it should be five years. Councilmember Olson said the Deputy Director position description originally included five years of supervisory responsibility and was changed to three years which she felt was appropriate. She asked if it would be appropriate to require five years of supervisory responsibility for the Director position. Ms. Neill Hoyson answered she has seen both four and five years for that level and did not believe it would hamper recruitment for the position. The difference between four and five years' experience is not significant enough to show that someone has a greater level of supervisory experience. Councilmember Olson said she would offer that as an amendment. Councilmember K. Johnson asked if the City Clerk currently reports directly to the Mayor. Ms. Neill Hoyson answered yes. Councilmember K. Johnson recalled it was difficult to hire a Deputy Administrative Services Director and wondered if it would be problematic to put the Public Records Officer directly under that position. Currently the Director is administering the nine Accountants and Information Services. She anticipated it may be difficult to find someone for the Deputy Director position especially with such a broad range of duties. Ms. Neill Hoyson agreed it may not be possible to find someone with that specific skill set. She referred to existing knowledge of records requests such as the City Clerk, Patricia Taraday who assist with public records, and the current Public Records Clerk who manages the bulk of the records requests. It may be necessary to provide some training to someone hired for the Deputy Director position to oversee records which she did not see as an issue. Edmonds City Council Approved Minutes May 18, 2021 Page 19 Councilmember K. Johnson questioned the timing of this reorganization and asked if the Deputy Director position should be filled before the change is initiated. Ms. Neill Hoyson answered it was not necessary to wait. She has discussed it with the current Director Dave Turley who feels capable of taking on these positions. Once the Deputy Director job description is approved, it will be posted immediately and hopefully will be filled fairly quickly. Councilmember K. Johnson asked how long she anticipated it would take to fill that position. Ms. Neill Hoyson said she typically recommends a 2-3 week posting for the position, followed by reviewing the applicants and depending on the amount of notice an applicant needs to give, it could be two months before the position is filled. Councilmember K. Johnson recalled that position was posted several times in the past. She agreed it would be no problem for Mr. Turley to continue to supervise the nine accountants but these new positions will burden him and she felt it was best to hire the Deputy Administrative Services position prior to the reorganization. Council President Paine said in her work experience she had never seen a standalone Clerk position without ancillary support via a higher structure. She felt this was a great alignment of the work being done in the Clerk's Office and the work being done in Administrative Services. This will provide better opportunities for the employees and help fill out the greater staffing needs for both areas. Councilmember Fraley-Monillas said she was not interested the legislative branch doing the duties of the administrative branch; it is the Mayor's job to make that decision. Having worked for the State for 33 years, four years was the requirement for a supervisor. She inquired about the supervisory requirement for the other Deputy Director position. Ms. Neill Hoyson said if the amendment to the job description is approved, she plans to review the supervisory requirements for other Director positions to ensure they are aligned. Councilmember Fraley-Monillas agreed with having the supervisory requirements the same. Councilmember Olson said she would be comfortable if the Council offered the flexibility and proceeded with an amendment for 4 or 5 years based on evaluating the consistency of positions. She preferred five years of supervisory responsibility, but agreed it was not appropriate if that was not the requirement in other director's positions. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AMEND TO GIVE FLEXIBILITY TO ADMINISTRATION ON THE MINIMUM QUALIFICATIONS FOR THE ADMINISTRATIVE SERVICES DIRECTOR TO EITHER HAVE FOUR OR FIVE YEARS OF EXPERIENCE BASED ON WHAT THE OTHER DIRECTORS' JOB DESCRIPTIONS REQUIRE. MOTION CARRIED (6-0-1), COUNCILMEMBER K. JOHNSON ABSTAINING. Councilmember K. Johnson referred to the Records Officer job description, noting under required skills, everything was deleted and nothing added. Ms. Neill Hoyson advised that was deleted in error and could be corrected. Councilmember Buckshnis commented a lot of citizens are concerned about the Clerk moving to a position where transparency may become an issue. She will forward information that Mr. Passey sent her in response to her questions. She questioned Ms. Neill Hoyson's indication that the financial implications are only $6000 and said she would have liked a presentation from a financial standpoint because that is her legislative oversight role. As Councilmember K. Johnson pointed out, there is a different skill set and usually financial people think differently than records people. She has a lot of faith in Mr. Turley. She requested a break out regarding the numbers rather than just providing the total of $6,000. She asked why the Public Records Officer was moved away from the Clerk, anticipating that position would have kept his department. Ms. Neill Hoyson answered since the majority of the function of public records had already moved to that position , it made sense to recognize that position was doing the majority of the function. The Edmonds City Council Approved Minutes May 18, 2021 Page 20 Clerk has general oversight over the position and in discussions with him, the Clerk was very comfortable not overseeing that function anymore and agreed the employee could handle it since they were already doing it. The packet includes a breakdown of the cost for each position. Councilmember Distelhorst pointed out the financial breakdown is on packet page 360. UPON ROLL CALL, MAIN MOTION AS AMENDED CARRIED (6-0-1), COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; COUNCILMEMBER BUCKSHNIS ABSTAINING. 2. STAGE 2 TREE ISSUES This item was postponed to a future meeting. 3. MASTER PERMIT AUTHORIZING PLACEMENT OF SMALL WIRELESS (SMALL CELL) FACILITIES IN THE CITY'S RIGHTS -OF -WAY COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO EXTEND THE MEETING TO 10:35 PM. Councilmember Fraley-Monillas asked if the Council finished earlier than 10:35 p.m., did the Council need to wait until 10:35 p.m. to adjourn. Mr. Taraday said no. MOTION CARRIED (6-1), COUNCILMEMBER K. JOHNSON OPPOSED. City Attorney Taraday introduced Angela Tinker who, along with Jeanie McConnell, has been working on the small cell master permit. Ms. Tinker explained tonight is a short introduction to the Master Permit and the City's ability to regulate in the area of telecommunications. Next week will be a longer discussion about the Master Permit. Tonight's presentation is an introduction to what will ultimately be the City Attorney Office and Staffs recommendation to the City Council to approve a Master Permit which would authorize New Cingular Wireless to place small wireless facilities in the City's rights -of -way. She reviewed: • Reason this is in front of Council o New Cingular Wireless seeks permission to place small wireless facilities in Edmonds 0 3 permits are needed ■ Master Permit — City Council approval • Wireless facilities permit (building permit) — administrative staff approval ■ Right-of-way construction permit — administrative staff approval • What is a Master Permit? o A Master Permit (aka a franchise) provides general authority, in this case to a telecommunications provider, to place its facilities in the City's right-of-way. o Issued under authority of RCW 35.99 o General authority applies to all site specific locations in the ROW • Wireless Facility & ROW Permits o Wireless Facility and ROW Permits provide site specific approval o Administrative staff review in accordance with ECDC 20.50 o Aesthetic review occurs with these permit reviews o There is no aesthetic review as part of the master permit process ■ The Legal Framework o A combination of State and Federal Laws ■ RCW 35.99 Edmonds City Council Approved Minutes May 18, 2021 Page 21 - The state statute applicable to telecommunications, establishing a system whereby cities grant "master permits" (also known as franchises) for use of the city's rights -of - way for placement of facilities for communications service. The Telecommunications Act of 1996 - The federal law that LIMITS state and LOCAL GOVERNMENTS' ABILITY TO REGULATE telecommunications. - 47 U.S.C. 253 (a) and 47 U.S.C. 332(c)(7) reflect Congressional intent to expand deployment of wireless services and authorize the FCC to preempt any state and local requirements that "prohibit or have the effect of prohibiting" any entity from providing telecommunications services. FCC Orders - Orders promulgated under the authority of congressional statute and governing the installation and management of small wireless facilities, including the manner in which local governments can regulate, SPELLING OUT LIMITS ON LOCAL GOVERNMENTS' AUTHORITY TO REGULATE telecommunications providers. - FCC is tasked with accommodating competing objectives: protecting the public health and safety while ensuring the rapid development of an efficient and uniform telecom network providing effective and widely accessible service at a reasonable cost ■ FCC Orders Withstand Recent Challenge in the Ninth Circuit - "We conclude that, given the deference owed to the agency in interpreting and enforcing this important legislation, the [orders] are, with the exception of one provision, in accord with the congressional directive in the Act, and not otherwise arbitrary, capricious, or contrary to law." City of Portland v. United States, 969 F.3d 1020, 1032 (2020). ■ What can local governments do? o Manage the ROW, not the providers ■ "Local governments must be allowed to perform the range of vital tasks necessary to preserve the physical integrity of the streets, control the orderly flow of vehicle and pedestrian traffic, and manage the gas, water, cable, electric, and telephone facilities that crisscross the city streets and right of way." o Examples of ROW Management ■ Coordination of construction schedules ■ Determination of insurance, bonding, and indemnity requirements * Regulate time or location of excavation, preserving traffic flow ■ Keeping track of the various systems using the ROW ■ Master Permit Highlights o General permission given to place small wireless facilities and associated equipment located within ten feet of a support structure in the City's rights -of -way, subject to other required permits and the terms of the Master Permit. o Prior to placement provider needs a wireless facilities permit and a right-of-way construction permit, considered in accordance with chapter 20.50 ECDC. o Five-year term, subject to renewal by the city council, and requires any defaults be cured before any renewal will be granted. o Other providers may obtain master permits or franchises as well. o City can require relocation of the facilities at New Cingular's expense in accordance with RCW 35.99, e.g., to accommodate a public improvement project, and sets agreed procedures. o New Cingular shall reimburse the City for its actual administrative costs incurred. No franchise fee is charged as dictated by RCW 35.21.860. o New Cingular will indemnify the city, maintain specified insurance, and assume risk of damage to its facilities. o Inventory of facilities to be maintained with a copy to the City and provide updates. Edmonds City Council Approved Minutes May 18, 2021 Page 22 o New Cingular agrees to comply with all applicable laws, standards, and regulations relating to its facilities and at all times will maintain them in a safe condition in good order and repair. o Procedures are specified in the event of a breach, including notice and an opportunity to respond and request public hearing before Council. In addition to termination, the City may impose lesser sanctions, including, but not limited to, monetary penalties, for violation of this Master Permit. o New Cingular will establish a permanent security fund in the amount of $50,000 to guarantee the performance of its requirements under the Master Permit and payment of sums due the City. o Certain provisions survive expiration or termination of the Master Permit for the protection of the City, e.g., the indemnity and insurance provisions. Indemnity o What it is. An indemnity is a promise to protect the City. A commitment to take financial responsibility for compensating someone if someone gets injured as a result of the provider conducting its business in our streets. o The disagreement: The City Attorney's Office and staff are recommending very broad indemnity that specifically addresses RF emissions, whereas New Cingular wants an indemnity that does not specifically address RF emissions. o Why do we care? It could be expensive for the City to defend such a suit, even a meritless one. Expert witness fees alone could be expensive, for example. Defending and satisfying any lawsuits resulting from their operations should be their responsibility, not paid by the public purse. This is a cost of running their business. Council Discretion is Limited o The Telecommunications Act of 1996 states that NO LOCAL GOVERNMENT MAY PROHIBIT OR EFFECTIVELY PROHIBIT the provision of telecommunications service. o CONGRESS EXPRESSLY PREEMPTED STATE AND LOCAL GOVERNMENTS from enacting laws or ordinances that conflict with this mandate. Is this Master Permit for 5G? o The Master Permit authorizes the provision of telecommunication services and does not specify any particular generation of wireless services or broadband technology. o The City would be preempted from dictating the type of service allowed. Regulation of RF Emissions o The federal government, NOT THE CITY, has authority to regulate RF Emissions o City cannot deny permits based on health concerns, such as those expressed by some about radio frequency emissions. The City cannot condition small cell placement based on RF emissions. Congress has granted authority to establish RF emissions standards only to the Federal Communications Commission (FCC) and preempted all municipal regulation of radiofrequency emission to the extent that such facilities comply with federal emissions standards. Therefore, local officials' hands are largely tied in this area. The Federal Government is Regulating RF Emissions o The FCC is obligated to evaluate the potential impacts of human exposure to radiofrequency emissions under the National Environmental Policy Act. o Over the years the FCC has adopted radiofrequency standards which limit the amount of radiation that can be emitted from wireless transmitters and has created a framework to ensure compliance with those limits. o In December 2019, the FCC issued an order finding its existing RF exposure limits should remain unchanged. RF Emissions o What can I do if I still have concerns about RF emissions? • Compliance and Information Bureau (888) CALL -FCC ■ Concerns about RF emissions exposure at a particular site: Office of Engineering and Technology, RF Safety Program, phone (202) 418-2464; rfsafety@fcc.gov Edmonds City Council Approved Minutes May 18, 2021 Page 23 ■ Licensing and Site Information Regarding Wireless Telecommunications Services, Wireless Communications Bureau, Commercial Wireless Division (202) 418-0620 ■ You can also contact your federal elected officials. • Design Standards — Site Specific Review 1. Hollow Utility Pole 2. Freestanding small wireless facility / streetlight 3. Existing wood pole (above power) 4. Existing wood pole (in communications space) 5. Strand -mounted (on wires) o Application requirement for infeasibility must be met before moving down the list • Small Cell Facility Location Preferences 1. Hollow Power Pole - Full/Partial Concealment 2. Freestanding Small Cell - Full Concealment 3. Wood Power Pole - Installation on Top of Pole 4. Wood Power Pole — Installation in Communication Space 5. Strand Mount — Attachment to Wires • New Cingular Wireless Proposal o Existing Condition o Proposed Conditions • Master Permit o Chapter 20.50 ECDC regulates small wireless facilities o City Council passed amendments to Chapter 20.50 ECDC in April 2019 o Chapter 20.50 requires a Master Permit as a condition in addition to the other permits • In Closing o May 18th — Introduction o May 25th — Q & A and Presentations from City and New Cingular o June 8th — Public Hearing o June 15th — Final Action o Please let us know what information you would like to see next week so we are sure to address it. Councilmember Buckshnis requested the minutes of past meetings regarding this topic and the public hearing. She relayed her and citizens' concern about spacing and asked if spacing of poles was an issue with 5G. Mr. Taraday asked if Councilmember Buckshnis wanted the minutes from the meeting when the Council was considering amendments to Chapter 20.50. Councilmember Buckshnis answered yes, recalling there were issues regarding spacing and aesthetics. She relayed a citizen's question regarding whether the City can require rent for use of the City's rights -of -way. Ms. Tinker answered state law generally prohibits cities from charging a franchise fee for use of the right-of-way by telecommunication providers and a few other types of providers. The statute does allow rents for wireless providers in three limited circumstances, a new structure in the ROW or certain types of replacement structures in the ROW. The amount the City can charge is limited by the FCC which has enacted de facto caps on the amount that could be charged. The application by New Cingular is not to place a new facility in the right-of-way. Councilmember Buckshnis recalled another issue whether a citizen or business could charge rent if they allowed one of these facilities to be placed on their building. Ms. Tinker offered to research and provide a response next week. Mr. Williams recalled that option was discussed but none of 5G carriers liked the option of putting their equipment on private property. They preferred to remain in the right-of-way due to federal rules. That is not to say a facility couldn't be located on private property if they found that advantageous, but there would need to an be agreement between them and the private property owner. There is always that option; placement in the ROW is what the City is concerned with. He referred to the photograph of New Cingular Wireless' proposal which does change the look of the pole. Consideration has Edmonds City Council Approved Minutes May 18, 2021 Page 24 been given to how that fits with Chapter 20.50 and staff believes there may be another option, to locate a standalone pole. There is approximately a 150 foot radius around this pole, but to stay in the ROW it is 150 feet in either direction or the other side of the street. Staff believes there is an option higher on the City's priority list that New Cingular could avail themselves of and that has been the City's response to the initial application. Ms. McConnell said that information has been sent to New Cingular and staff has communicated to them the need for further analysis. Mr. Williams said Ms. Tinker did a great job outlying the City's limited ability to regulate this activity. Councilmember Buckshnis recalled during previous discussions that it was very narrow and limited to aesthetics. Councilmember Buckshnis commented this is only one master permit and asked if future master permits would have their own pole or would they collocate. Mr. Williams answered this is one permit application for one carrier; there will be multiple locations for each carrier. There are some limits in Chapter 20.50 regarding how many can be located in one area and there are also technical limitations on the spacing. The carriers are opposed to working together due to different protocols and technical abilities and potential interference. Although the City tried to create an expectation that the carriers would work together, there is not much evidence that they are interested in doing that. He expected to see a lot of these facilities, including multiple ones on a given block depending on the location. Carriers try to put them in areas where there are a lot of immediate customers first. Staff responds to applications received and he assumed more would be submitted with multiple locations which will require review of each one. Council President Paine expressed appreciation for the information provided to the Council office so the community could be alerted. She will submit her questions to staff and she looked forward to next week's presentation that will include industry representatives. Councilmember Distelhorst said he will also email his questions to staff. He thanked staff for their advocacy for the broad indemnification clause, both for the residents and the City, finding that a wise policy approach to take. Councilmember Olson said the conversation has been about what happened at the end of 2109, but the City's current administration is more focused on environmental protections. She requested information from the EPA or CDC regarding impacts on insect from 5G, public health and other information since 2019. She was interested in 5G, noting during the pandemic people experienced the demands on the internet that will only increase, but due to potential health concerns, she was not keen on being on the leading edge if there were any options for slowing down the process while the City vets the issue. 10. UNFINISHED BUSINESS 1. PROCESS FOR REVIEWING HOUSING COMMISSION RECOMMENDATIONS This item was postponed to a future meeting. 11. COUNCIL COMMITTEE REPORTS COUNCIL COMMITTEE MINUTES 12. COUNCIL COMMENTS Councilmember Distelhorst commented lie was very excited to have his younger daughter get her first COVID shot today and to see a steady stream of other young adults getting their shots. The kids seem to be Edmonds City Council Approved Minutes May 18, 2021 Page 25 excited to get back to social life, sports activities and educational activities. There are many options for walkup or appointments and he encouraged everyone who is eligible to get vaccinated. He relayed comments he received last week about how nice it was to finish the Council meeting before 10 p.m. and hoped the Council to do that in the future. Council President Paine thanked the Jenness family for advocating for victim rights. It is a big issue and clearly there are gaps in the system that have existed for years. If there were ways to make it better, she was certain the Edmonds Municipal Court would work toward that. Councilmember Olson was inspired by the appointment of the new Planning Board members Judi Gladstone and Richard Kuehn and the recognition of Natalie Shippen for her outstanding service to the community, both as a volunteer and an Edmonds City Councilmember. She encouraged residents to find a way to make a difference in Edmonds to make it a better place for everyone. She gave a shoutout to Roger Barnstead who has posted pictures on Next Door of sunsets during the pandemic, bringing cheer to a lot of people. Mr. Barnstead has encouraged people who enjoy his photographs to donate to the Edmonds Food Bank. She expressed her appreciation to him and all the citizens who contribute so much to the City. Councilmember Buckshnis thanked the citizens who gave her a break while she was on vacation. She had a wonderful time, Oregon was great and family and friends are important. She commented on the number of people getting vaccinated. She will continue to fight for transparency; there is a difference between reading minutes and seeing a presentation. She assured citizens that she hears them and understands what they are trying to say. Councilmember L. Johnson commented everyone has heard the new guidelines from the CDC regarding mask wearing by those who are fully vaccinated, but left behind are kids between 12 and 15 who are just now eligible to receive the vaccination. It will be at least five weeks until some of them are fully vaccinated and kids under 12 haven't yet been approved to receive the vaccination, making it more challenging to go out in public when children are not vaccinated or for a person who is immunocompromised and it is causing anxiety for many. Children have been through so much and have already lost out on so much and she implored everyone to keep kids and those who are immunocompromised in mind as they make individual decisions on whether to wear a mask or not. Student Representative Roberts urged the public to take care of themselves and get vaccinated and to continue wearing a mask if they have not passed two weeks since their second vaccination or haven't gotten their second dose yet. 13. MAYOR'S COMMENTS Mayor Nelson said it is wonderful to see a decrease in the number of COVID-19 cases in the fourth wave, now down to 193/100,000, the highest decrease since mid -March. To put that in context, it is still higher than the first wave so the number of people contracting COVID is still high. In Snohomish County, 59% have initiated their vaccination; if those numbers continue, Snohomish County is on the way to much higher chances of herd immunity at least locally. 14. ADJOURN With no further business, the Council meeting was adjourned at 10:33 p.m. MICHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK Edmonds City Council Approved Minutes May 18, 2021 Page 26 excited to get back to social life, sports activities and educational activities. There nre many opticas for walkup or appointments and lie cn+:ouraged evcrynue who is eligible to get vaccinated. He relayed comments lie received last ►e"k about how nice it ►vas to finish [Ile Council meeting before 10 p.m, and hoped tite Council to do that in the firttirc. Council President Paine thanked the Jenness family f'or advocating for victim rights. It is a big issue and clearly there are gaps in the system that hove existed for years. 1.f there were ways to make it better, she was ►;cilain the E dmonds Municipal Court. wonld work toward that. COuncilmenlber Olson was inspired by the appointment of the ne►v Planning Board rnenibers Judi Gladstone and Richard Kuehn and the recognition .Of Natalia Shipper f'ar het• vulsianding service to the community, bath as a volunteer and all LAmonds City Couneilmeniber. She encouraged resident% to find a wav to make. a difference iii 1-dnionds to make it a better plaice for everyone. She gave a sliot:tout to Roger Barnghmd who has posted pictures on Next Door of stnrtiets.during the pandemic, bringing cheer to a jut of" people. Mr. Barnstcad has encouraged people who enjoy his pliotogrsphs to donate to the Edmoitds Food Bank. She expressed her appreciation to him and all the citizens who contribute so much to the City. Couneilmember Buckshnis thanked the citizens who gave her a break while she was on vacation. She had a wonderful time, Oregon was great and family and friends are important. She commented on the number of people getting vaccinated. She will continue to fight for transparency; there is a difference between reading minutes and seeing a presentation. She assured citizens that she hears their and understands what they are trying to say. Counc'sltiietnber L. Johnson ❑ornmcntecl everyone Itas heard the new guidelines From the CDC regarding mask wearing by those who are fully vaccinated, but left behind are kitis between I" and 15 who. arc just now eligible to receive the vaccination. It will be at least live weeks until some of'thenl are fully vaccinated and kids under 12 haven't yet beet€ approved to receive the vaccination, making it more clialtcugitig to go out in public when children are not vaccinated or Fora person whu :s immunocompromised and it is causing anxiety for many. Children have been through so much and have already lost out on so much and she implored everyone to keep kids and those who are immunocompromised in mind as they make individual decisions on whether to wear a mask or not. Student Representative Roberts urged the public to take care of themselves and get vaccinated and to continue wearing a mask if they have not passed two weeks since their second vaccination or haven't gotten their second dose yet. 13. MAYOR'S C MMCNTS Mayor Nelson said it is wonderful to see a decrease in the number of COVID-19 cases in the fourth wave, now do►vtt to 1931100,000, the highest decrease since mid-Ivl:trcli. To ptFt that in context, it is still ltigher than [he first wave so the number of'peopie contracting; COVID is still high. In Snohomish County, 59% have initiated their vaccinet'sors; if those tiuintiers continue, Snohomish County is on the way to much higher chances of herd immunity at least laeaily. 14. ADJOURN With no further business, the Council meeting was adjourned at 10:33 p.m. } J MlTMi EL NELSON, MAYOR PASSEY, CITY Rk Edmonds City Council Approved Minutes May 18, 2021 Page 26 Public Comment for 5/18/21Council Meeting: From: Clayton Moss Sent: Tuesday, May 18, 2021 5:26 PM To: Council <Council@edmondswa.gov> Subject: Public Comment Fourth Avenue Cultural Corridor - I support this important pedestrian connection between Downtown Edmonds Main Street and the ECA. We need to make 4th Avenue a safer, more welcoming, and more inviting pedestrian experience. Please move forward with the next phase! Clayton Moss From: Jerry Capretta Sent: Monday, May 17, 2021 3:46 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Intruder on City Parks with metal detectors A recent article in the Beacon about a gentleman who had "mapped" the remnants of a railroad track in the large wilderness park north of Olympic View Drive using metal detectors was distressing to me. Did he have permission to use a metal detector on Park grounds? The gentleman suggested that the wilderness might now be made available for hikers due to his exploring. Did he have permission to disturb natural wilderness in search of his own private interests? What license does he have to suggest park policies? Might he have been in violation of a number of laws and restrictions? He has lived here 4 years. Somewhere there are people feeling quite relieved of this. Is there a history of any old dumps or garbage fill areas within this park? Often old garbage dumps yield valuable bottles and similar antique items that attract such metal detector explorers. The planning board looked at this park 25 years ago and local neighbors were overwhelmingly against clearing and opening this undeveloped side of the park up to hiking. It was decided at that time to keep most of the park natural wildlife. Please consider citing this individual for any violations which may have occurred. Jerry Capretta Edmonds, Wa. 98020 From: Ken Reidy Sent: Saturday, May 15, 2021 1:23 PM Edmonds City Council Approved Minutes May 18, 2021 Page 27 To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Hope, Shane <Shane.Hope@edmondswa.gov>; Williams, Phil <Phil.WlIlia ms@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov> Subject: Public Comments for the May 18, 2021 Council Meeting - MASTER PERMIT Edmonds City Code does not define "Right -of -Way". Our Code fails to discuss the dramatic differences between Opened and Unopened Rights -of -Way. Our Code does not include the word "servient". Our Code's definition of easement is wrong. On May 18, 2021, City Staff will advise City Council about something known as a Master Permit. Final action is proposed on June 15, 2021. This legislative process will afford another o ortuni for Edmonds City Government to increase its knowledge about Rights -of -Way. The majority of Rights -of -Way in Edmonds involve a dominant estate owner (the City) and a servient estate owner (the fee title property owner). Our Code fails to make it clear that the rights of both dominant and servient estate owners are not absolute and must be construed to permit a due and reasonable enjoyment of both interests so long as that is possible. Third parties such as utility companies and wireless communication companies can apply for permits to use the area subject to the City's Right -of -Way easement. Utility companies and wireless communication companies can also attempt to execute contracts with the City for use of the rights -of -way (RCW 35A.47.040). These contracts are known as nonexclusive franchises, also known as Master Permits. These contracts can expire so the related terms must be tracked. One thing especially important to understand is that the servient estate owner is not a party to the "franchise" and/or "Master Permit" contract. The servient estate owner owes nothing to the utility company and/or wireless communication company should the City of Edmonds decide to vacate its easement rights. In a street vacation, the City of Edmonds can certainly retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services (RCW 35.79.030). If the City does so, the franchisee can continue to use the utility easement area. When the City retains such an easement, the City cannot also charge compensation for the street vacation. The law is clearly Either:OR. The City cannot require the fee title property owner (servient estate) to grant easements to third parties. The City cannot retain a Temporary Construction Easement when the City has Edmonds City Council Approved Minutes May 18, 2021 Page 28 never constructed anything on the related property and has no plans to ever construct anything. Despite the City having no such legal rights, all know the City has done both, harming servient estate owners as if the City can do whatever it wants and it is the servient estate owner's burden to take the City to Court if they oppose what the City is doing. Total rubbish. Please address the City's previous conduct at once. I will forward related information in separate emails. From: Thomas Copley Sent: Friday, May 14, 20214:31 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Public Comment I'm reading in the Beacon that you are changing the city codes by allowing more duplexes, multiple townhouses, triplexes. Why? I'd sure like to know precisely your motive.The majority of the citizens of Edmonds don't want those types of housing in their neighborhood. Also when are you going to open up and be transparent, by having in person meetings ? On May 13th the President of the USA said no more masks, for those who have had their shots, and we can almost go back to normal. THOMAS W COPLEY EDMONDS,WA 98026 From: Patrick Coleman Sent: Wednesday, May 12, 2021 2:27 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Duane Hoekstra Subject: URBAN UPZONING of ALL SINGLE-FAMILY RESIDENCE LOTS in EDMONDS As a resident of Edmonds for nearly 35 years, I am not in favor of changing the zoning and tax laws in Edmonds. I moved here because of the charm and community feel. I don't want this to change in ways that the upzoning would allow. Please register my voice as a STRONG NO! Thank you, Patrick Coleman Edmonds WA 98026 Edmonds City Council Approved Minutes May 18, 2021 Page 29