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2021-08-03 City Council - Full Agenda-29281. 2. 3. 4. 5. 6. o Agenda Edmonds City Council tn.. ISLP REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 AUGUST 3, 2021, 7:00 PM THIS MEETING IS HELD IN -PERSON IN THE COUNCIL CHAMBERS AND AVAILABLE VIRTUALLY USING THE ZOOM MEETING PLATFORM. TO JOIN, COMMENT, VIEW, OR LISTEN TO THE EDMONDS CITY COUNCIL MEETING REMOTELY, PASTE THE FOLLOWING INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 CLOSED CAPTIONS ARE AVAILABLE USING THE ZOOM PLATFORM. PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS REMOTELY USING A COMPUTER OR SMART PHONE ARE INSTRUCTED TO RAISE A VIRTUAL HAND TO BE RECOGNIZED. PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS BY DIAL -UP PHONE ARE INSTRUCTED TO PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. IN ADDITION TO ZOOM, REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. "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. - CITY COUNCIL LAND ACKNOWLEDGMENT CALL TO ORDER/FLAG SALUTE LAND ACKNOWLEDGEMENT ROLL CALL APPROVAL OF THE AGENDA AUDIENCE COMMENTS APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Meeting Minutes of July 27, 2021 2. Approval of claim checks and wire payments. 3. Acknowledge receipt of a Claim for Damages from Allen, Julia Edmonds City Council Agenda August 3, 2021 Page 1 4. Board/Commission Appointment 7. UNFINISHED BUSINESS 1. Resolution adopting Council Rules of Procedure (45 min) 8. NEW BUSINESS 1. Landmark Tree Ordinance Extension (45 min) 2. Council action regarding initial vacation accrual rate for a WWTP Plant Supervisor candidate (10 min) 3. 2021 Taste Edmonds Event Contract (10 min) 4. Temporary Policy Extending Emergency Sick Leave (10 min) 9. COUNCIL COMMENTS 10. MAYOR'S COMMENTS ADJOURN Edmonds City Council Agenda August 3, 2021 Page 2 6.1 City Council Agenda Item Meeting Date: 08/3/2021 Approval of Council Meeting Minutes of July 27, 2021 Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation Review and approve the draft meeting minutes on the Consent Agenda. Narrative N/A Attachments: 07-27-2021 Draft Council Meeting Minutes Packet Pg. 3 6.1.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES July 27, 2021 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Susan Paine, Council President Adrienne Fraley-Monillas, Councilmember Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Laura Johnson, Councilmember ALSO PRESENT Brook Roberts, Student Representative 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Rob Chave, Acting Development Serv. Dir. Mike Clugston, Senior Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst Jerrie Bevington, Camera Operator Following a delay due to technical issues, the Edmonds City Council meeting was called to order at 7:40 p.m. by Mayor Nelson in the Council Chambers, 250 5' Avenue North, Edmonds as well as virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember K. Johnson read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Mayor Nelson described the process for audience comments. Edmonds City Council Draft Minutes July 27, 2021 Page 1 Packet Pg. 4 6.1.a Cindy Sjoblom, Edmonds, expressed her unequivocal opposition to the elimination of single family zoning. She referenced an article in My Edmonds News that stated it best, middle housing has been done in cities across the United States and it failed to meet many of our needs. When they moved to Edmonds from Seattle two decades ago, they looked forward to being in the suburbs, a less hectic and chaotic pace, to have more space for our family, a bigger yard, breathing room from neighbors, less congested housing, less traffic congestion, and a beautiful neighborhood in a charming coastal town, something no one dreamed might be taken away. Government officials chose to be in office to represent the will of the people and the people are here to state their will. She urged the Council to ask themselves at the end of each day whether they had represented Edmonds residents today, whether they upheld the rules, regulations and laws mean to protect the constituency of Edmonds that they service, whether they kept their word to the community, listen to them and carried out their will, and whether they still had their integrity and reputation to fulfill their duty. The reason representatives are chosen is to fulfill the will of the people responsibly, ethically and legally; if that trust is violated, government officials are no longer citizens' voice and citizens must take appropriate actions to ensure they are being represented. She urged the Council to listen to the will of the people and maintain all Edmonds' beauty and charm. She was absolutely against the portal on the City's website and was absolutely stunned and shocked by Councilmember Fraley-Monillas' statement that the residents of Edmonds are racist. For Councilmember Fraley-Monillas to make such a blanket statement, she must have a different agenda. As a person of Hispanic decent and whose children are half White, and in two decades in Edmonds, no one has ever discriminated against her. She urged Councilmember Fraley-Monillas to rethink her position, noting there are a lot of unhappy people who, along with her, do not want that portal on the website. She suggested the City may find itself with a lawsuit. She reiterated elected officials represent the people and concluded if she sounded frustrated, it was because she is. Eric Soll, Edmonds, said Edmonds is exceeding all its growth objectives and will do so for decades. Single family homeowners have overwhelmingly opposed any upzoning although their participation has been kept to an absolute minimum in the process. Councilmembers should not lose sight of who their constituents are; they are the residents, especially the single family homeowners negatively impacted by the proposed upzoning recommendations. The Council does not represent political parties and organizations that wish to eliminate all single family zoning, nonprofit organizations, quasi -government regional agencies, the construction industry, the mortgage industry, the real estate industry, transit agencies that desperately need riders, or people who do not reside in Edmonds. This process has basically precluded involvement by those who will be impacted by the recommendations, single family homeowners. He contacted the Council via email encouraging the commission of a statistically relevant poll among single family homeowners to determine what they actually desire; there was no Council interest. Alternatively, citizen participation is being hyped for the design of the new Edmonds sign on Highway 99. Edmonds should be extensively engaging its single family constituents on important matters such as the desired future of the single family community. The design of the Highway 99 sign will be irrelevant to a single family homeowner when a 3-story townhouse towers over them. He referred to Mukilteo where the message of no new density was received loud and clear by their City Council after only one year of debate; that decision is being put to a vote of the citizens to further memorialize the decision. Perhaps Edmonds should emulate Mukilteo as an example of how to engage with those who count in the process — single family homeowners. For three years, single family homeowners have been trying to alert the Council that they are not interested in upzoning. He assumed those matters were more important for single family Edmonds residents than the color of the Edmonds sign on Highway 99. Nancy Marsh, Edmonds, a resident on Dayton Street, referred to unresolved, critical traffic safety issues on Dayton Street. In March 2021, Dayton residents presented an informative packet to Mayor Nelson, Mr. Williams and the City Council; Mayor Nelson quickly responded to their concerns and set up an in - person meeting with Mr. Williams and their group. She thanked Mayor Nelson for his time and desire to help. The meeting had a positive outcome, the installation of blinking crosswalk signs at 8t1i Avenue and Edmonds City Council Draft Minutes July 27, 2021 Page 2 Packet Pg. 5 6.1.a 7' Ave South which were welcome additions and she thanked Mr. Williams and the Public Works Department. Dayton is a unique street with more risk and endangerment to children than any other east - west street in the Edmonds Bowl. It not only incorporates 35 residential homes, but it also includes an entire block occupied by the Frances Anderson Center between 7' and 8' Avenues South, a dedicated center for schools and civic activities, owned and operated by the City. There are no stop signs or speed reduction obstacles on Dayton from 61h Avenue to 9t' Avenue, leaving the Frances Anderson Center exposed to speeding cars and trucks and endangering young children. Pine, Walnut, Alder, Maple and Main all have various stop signs and gross truck weight limit signs. The removal of the curbed island at 8t' Avenue South & Dayton has proven ineffective. Large semi -trucks use Dayton and ignore the designated truck route ordinance. She requested the truck route be enforced as semi -trucks and small children do not mix. The painted, ghost island, is ineffective and often used by bikers and skateboarders as a weekend jump. Mayor Nelson and staff have told them that safety issues are at the top of their priority list; safety on Dayton Street needs to be put into practice, making children's safety the highest priority over any other project being considered or implemented by the City. She and others are here tonight to implore the City to make Dayton Street safe by adding stop signs and redirecting heavy trucks off Dayton before someone is killed or injured. She looked forward to working with the City to make the community safer. Tom Snyder, Edmonds, a resident on Dayton Street, expressed concern regarding a serious speeding issue on the 700 and 800 blocks of Dayton Street. A traffic survey performed by the City from April 11 through April 17, 2017 tracked 6 cars at speeds of 50 mph on 4 different days between 2 and 6 p.m., 5 cars at 45-50 mph on 4 different days from 12 to 5 p.m., and 26 cars at 40-45 mph on various time and days. The residents of the 700 and 800 block of Dayton Street continue to see speeding daily. Speeding cars put 40 preschool and 60 Montessori school children and their parents at risk during drop off and pickup as well as library patrons and families attending weekend events at Frances Anderson Center. In March, a citizen group met with staff to resolve this problem; the City's solution was flashing light crosswalks at 7t' and 81h which are helpful for those crossing the street but do not slow traffic. The City ignored the best solution, stop signs on Dayton at 7t1i and 8th even though the City installed stop signs on 7th & Main to solve a similar problem. A roundabout at 8th & Dayton slows few cars, some cars drive over it, cars turn left at the roundabout instead of circling to the right as required by law, and kids frequently skate over it. The roundabout should be removed and replaced with a stop sign. The 700 and 800 blocks of Dayton Street are unlike any other area of the City; it is both a residential street and pathway for pedestrian to/from the City's only library and community center and requires unique solutions not found in current traffic control standards. He urged the Council not to choose no action because the speeding is not that bad; not to be the Council that says the City engineers say this doesn't meet the criteria for stop signs, but to be the Council that says we need to make an exception to the City engineer's criteria and to make a safer Dayton Street. Georgia Snyder, Edmonds, a resident on Dayton Street, read a letter from her neighbors Bob and Carol Clos regarding their concerns with traffic on Dayton. Over the 19 years we have lived in our present home on 8' & Dayton, we have witness traffic growth on Dayton along with increased use of Frances Anderson Center facilities and playgrounds. During most of this time period, vehicle traffic speeds were reasonably safe and large trucks were minimal due to the poor condition of the street, a series of patches, bumps, ruts and holes that caused drivers to slow and detoured large truck to better surface streets. This changed with recent complete rebuilding of the street; now there is increased vehicle traffic, increased speeding and large trucks which exceed the street load limit and ignore the City's specified truck route, load limits and restricted zones to take advantage of a smooth street surface and lack of stop signs between 6t' and 9' Avenues. This uncontrolled traffic problem combined with the increased use for Frances Anderson Center is a recipe for disaster with someone eventually being killed. We have witnessed children running uncontrolled toward the playfield which parents deal with siblings and car seats or unloading sports gear. Kids on skateboards also use the ghost island at Dayton & 8t' as a jump or Edmonds City Council Draft Minutes July 27, 2021 Page 3 Packet Pg. 6 6.1.a place to practice tricks with complete disregard for traffic. The community has had discussions with the Mayor and City employees regarding this life and death issue but get only unfulfilled promises and minor results. The solution is simple and not expensive; stop signs on Dayton at 7" and 8t" Avenues along with enforcing existing truck traffic rules and routes with significantly improved traffic controls and reduced chance of a fatal accident. Since the Mayor and City employees refuse to do so for obscure reasons, they asked that the City Council take all necessary action to fix the problem before someone gets killed. Brian McWhorter, Edmonds, a resident on Dayton Street, spoke regarding the lack of traffic control devices on Dayton Street between 6t' and 9th Avenues. The Dayton Street project was completed in September 2020, a mostly successful project that provided underground water utility upgrades, sidewalk upgrades and disabled access, and badly needed and greatly improved road paving. However, traffic control was either overlooked or design improperly. Since completion of the project, there are now no effective speed control devices on Dayton between 6th and 9t' Avenues, there is increased traffic volume on Dayton, the curbed traffic island on 8' & Dayton was removed and replaced with a curb -less painted ghost island that is ineffective at slowing traffic and residents were not informed that this downgrade would occur. Cars and trucks drive over the ghost island, skateboarders and bicycles use it as a jump and practice area because there is no curb. No traffic control measures were implemented on Dayton Street approaching Frances Anderson Center; 2500 cars and trucks speed by daily, many exceeding the 25 mph speed limit. It should be treated as a school zone or a 15 mph speed limit that is rigorously enforced. The existing truck route is also not enforced. The proposed solutions are simple and straightforward: install stop signs at 7' and 8' Avenues on Dayton Street intersections, install a combination of signals, traffic cushions, rumble strips and speed zones between 7' and 8' on Dayton approaching the Frances Anderson Center to reduce vehicle speeds, replace the painted ghost island with 4-inch curbed island large enough to slow traffic but still allow easy passage for emergency vehicle, restrict commercial trucks over 5 tons from using Dayton Street as a cut through and enforce existing truck routes. All the upper east -west streets in the Edmonds Bowl have stop signs between 6' and 9th Avenues, except Dayton Street. He requested the City seriously evaluate their concerns, agree there is a safety risk to Edmonds citizens, develop an effective traffic control plan and take action to implement a plan quickly. Judy Hardesty, Edmonds, asked Mayor Nelson to reverse the implementation of the online portal to report incidents of bias, discrimination and hate. Comments on MEN regarding the portal show she is not the only one concerned. The portal was not well thought out by the Diversity Commission and Council liaison Councilmember Distelhorst or by those implementing it. She provided five reasons why it was a very bad idea: 1. It is blatant government overreach, a practice one would see in a communist country that infringes on Edmonds citizens' First Amendment rights. 2. Because the portal disregards citizens' freedom and could lead to defamation of character, it opens the City to lawsuits. Reports will be subjective and biased and since anonymity is an option for the reporter, the accused may never know their accuser. She asked whether the City Attorney was consulted regarding the portal. 3. Reporting done through the portal will raise distrust of government and neighbors. Instead of uniting the City, it will create division. 4. The website was implemented without public input, yet the taxpayers are footing the bill. What is the cost of managing the portal? How much staff time? Did anyone ask staff how they feel about reviewing, logging, disseminating the so-called incidents? Has there been training about this ethically and legally compromised process? What does the City intend to do with the blacklist? What are the rights of the accused? 5. The portal and its function are an embarrassment and bad PR for the City. It was discussed on a local radio show that inferred Edmonds has a multitude of racist incidents. This is the second time Edmonds citizens have had to endure being misrepresented as racist in the press. Edmonds City Council Draft Minutes July 27, 2021 Page 4 Packet Pg. 7 6.1.a She recalled when Mayor Nelson was campaigning, he promised to improve the quality of life in Edmonds. Instead he has made the beautiful City less livable. She urged him to do the right thing; get rid of the portal that serves only as a political tool or virtue signal and focus on positive behaviors, neighbor helping neighbor and 90%+ of the good, caring people instead of the bad eggs. The website portal takes the focus of staff, Mayor and Council away from the really important business of hiring a police chief, fixing infrastructure, calming traffic, and economic COVID recovery which benefit all Edmonds citizens. Kim Augustabo, Edmonds, said she has been involved with corporate politics for many years throughout her career but never directly engaged in City politics until the last year. She, along with many other citizens decided they had to be involved and fight the bureaucracy of poor decision making and utter disrespect for citizens' point of view. She said her comment were directed at the block of four and the Mayor. She displayed the City's 2021 org chart that shows citizens at the top. She urged Council and Mayor to keep in mind that they are elected to serve the citizens, especially when considering issues related to housing and changing or amending codes. It has become clear this didn't happen when the Citizen Housing Commission's plan was indoctrinated as it was staff -led and influenced to gain a pre- determined outcome. The 15 policies were approved by one vote to gain a simple majority and several of the policies were completely against what a majority of citizens wanted. All the citizens she knows, and she knows many, want more green and less concrete which is not what unit lot subdivision or other code amendment and zoning changes for single family zoning will create. She asked the Council and Mayor to do the right thing and listen to the people of Edmonds who would not have packed Council Chambers tonight unless there were major concerns, especially as they relate to housing and major decisions the Council will make that will impact the gem of Puget Sound as Edmonds is described in the Comprehensive Plan. Greg Brewer, Edmonds, commented he has seen a lot of changes during his lifetime in Edmonds and was very concerned about the future. He spoke against upzoning and the elimination of single family housing. Allowing ADUs, DADUs, duplexes, triplexes and 4-plexes in the single family zone will permanently change the look and feel of Edmonds. If the goal is affordable housing for the citizens of Edmonds, this is not a viable solution. Property in Edmonds is expensive and the cost of construction has soared; these dwellings would not be affordable. If these housing measures are approved, very powerful developers are waiting in the wings to exploit the opportunity. A closer look needs to be taken at how this will play out in various neighborhoods in Edmonds. Areas with large lots would see a dramatic increase in dwellings, traffic and diminished open spaces. Edmonds has met the requirement for GMA; no government agency is requiring increased density, it is Edmonds changing zoning piecemeal at times and now possibly in one broad stroke. He suggested building it in your mind, putting it on paper and modeling it; consideration needs to be given to what it will really look like before anything is approved. It's not pretty, it's not Edmonds and it will not be affordable. Kathy Brewer, Edmonds, displayed a sign "Keep Edmonds' Charm" and spoke regarding the Housing Commission proposals and upzoning. Edmonds is such a lovely special place and nowadays people come from all over to visit. She was made aware of this last Friday afternoon as she stood near the fountain handing out flyers and discussing the Housing Commission recommendations and potential upzoning and elimination of single family zoning. Approximately 50% of the people she talked to do not live in Edmonds and of the 50% that did, half weren't aware of the Housing Commission and upzoning threat. Almost everyone, whether or not they lived in Edmonds, was appalled to hear about it, saying it would be a shame to make those changes to Edmonds because they like Edmonds the way it is. Communities all around Edmonds are being ruined by upzoning, overdevelopment and other policies. People from Seattle said they are so disheartened that they come to Edmonds to escape. People visiting from other parts of the state and country including Bothell, Kirkland, Bellevue, Vancouver, Spokane, North Carolina, Pennsylvania, New York, Texas and Florida said they were delighted to discover Edmonds and its unique charm. Her brother-in-law, visiting from Oregon said, after spending a few days in Wallingford, that Edmonds City Council Draft Minutes July 27, 2021 Page 5 Packet Pg. 8 6.1.a Edmonds is a tranquil, peaceful place. Edmonds is truly an oasis in a quickly changing, developing, chaotic region. There is no doubt that upzoning and more development will change that. Even if only a few zoning changes are made first, the floodgates will open and the powerful, overzealous developers will jump in and more and more will be allowed. Eventually Edmonds will no longer be unique or charming and will unfortunately resemble many nearby communities such as Wallingford which is sadly being ruined by upzoning. Edmonds needs to be honored and protected from developers and the destruction of neighborhoods and open space, preserve the old fashioned charm and small town feel and keep it a tranquil, peaceful place. She urged the Council to get this right; keep the zoning the way it is, preserve single family housing, maintain vegetation and trees and keep little old Edmonds an oasis for all. Lauren Seibold, Edmonds, expressed her deep concern about the new portal where citizen are essentially called to tattle on anything they deem discriminatory, hateful or biased. The understanding of those three words is extremely relative and vague. She questioned the standard that the reviewer of the complaints used to determine if an issue needed to go further. It is also relative to the person submitting the complaint. Who determines who is right and the appropriate actions moving forward? There is also the question of whether local government should be given the authority to determine the validity of a complaint, which she considered an overstep. Ultimately the portal ends in a list of people and accusations that can be accessed for public knowledge. When she thinks of Edmonds, she thinks of a kind and understanding, open environment and she did not want it to become a culture that feared being reported for something that may not be worthwhile reporting. The portal is a waste of resources that could be used for more pressing issues. Eric Dubbery, read a comment from Rod Schick, Edmonds, who had to leave the meeting. His letter addressed the new bias, discrimination hate portal just released by the City, acknowledging that any hate or discrimination is 100% unacceptable and should never be tolerated. The intent to create a portal was borne out of genuine concern but this type of portal can be seen by many as a snitching and hearsay site that will divide us and create more problems than it will solve. Edmonds is not a hateful and discriminatory City so he questioned whether having the portal was worthwhile. His concerns about the new portal included who defines or decides what bias, discrimination and hate are when incidents are reported? There are obvious ones, but what legal entity will review each complaint and confirm that it was an act of bias, discrimination or hate or if it even happened after reviewing the evidence? For example, there is a home in his neighborhood that flies the American flag and a Don't Tread on Me flag. To some, the Don't Tread on Me flag is offensive, but to others it is a Revolutionary War flag and historic expression of American patriotism and freedom from monarchical rule. With the new portal, someone could say the Don't Tread on Me flag represents hate or discrimination; at the same time the person flying the flag could accuse those filing the compliant of bias. Where does it end? Who decides? Another example is when Councilmember Fraley-Monillas in a Facebook chat referred to the people who live in downtown Edmonds as "a pack of downtown rich White people." He commented he is a White male who drives a Honda, not a yellow Corvette. What happens next when bias, discrimination or hate is reported on the portal; is the claim investigated or does it just sit there for everyone to see? Where is the due process for the person(s) accused of bias, discrimination or hate? Mr. Dubbery concluded neither Mr. Schick nor he approve of the portal. He read from the lights behind the Council dais, "justice cannot be for one side alone," commenting that's what this is; "common senses is as rare as genius," commenting common sense is rare in City leadership; "fairness is what justice really is," the portal is not fair; "the good of the people is the chief law," the electeds in Edmonds are not doing things for the good of the people, but rather for partisan interest; and "injustice anywhere is a threat to justice everywhere," this is injustice which is why so many are present tonight and it needs to stop tonight. He pointed out several Councilmembers' terms are up in the coming election and said the citizens are coming after them. Bill Herzig, Edmonds, explained he moved to Edmonds from Ballard after it became pretty much unlivable, certainly less desirable. In the last 8-9 months the Mayor and City Council have been moving Edmonds City Council Draft Minutes July 27, 2021 Page 6 Packet Pg. 9 6.1.a fairly rapidly on a number of very significant changes to the City, many on a 4-3 vote which is certainly not consensus, including the police chief hiring debacle, disbanding the salary commission, unit lot subdivision proposal, hate portal and particularly upzoning the entire City and eliminating single family zoning. They are trying to make a large number of fairly radical changes during a time when access was restricted due to COVID. As a citizen, he felt the time when engagement was limited had been used to make these dramatic changes and avoid public input. He hoped he was wrong and also hoped that the process related to upzoning would be slowed down to get citizens more fully engaged before any of these radical changes were implemented. Joan Bloom, Edmonds, former Councilmember 2012-2015, pointed out the second paragraph of the United States Declaration of Independence begins, governments are instituted among men deriving their just powers from the consent of the governed. Recent actions have been taken without the consent of the governed. On May 3', Mayor Nelson outlined measures to address hate after swastikas were found on Southwest County Park trees; a measure to be instituted was, "park surveillance cameras. The City is researching the placement of night vision game cameras on and in trails and parks in the City. The purpose of these cameras in public areas is to deter criminal behavior and to potentially aid in the apprehension of those committing crimes. Signage would be posted at entrance and egress points notifying people using the parks that due to factors of protection and safety, those entering may be subject to surveillance." She emphasized surveillance is the cheap strategy of authoritarian and factious governments to control their citizens. A web search of China and surveillance reveals the current creepiest example. Mayor Nelson is moving forward with a surveillance plan to protect citizens from what, graffiti? The second action was announced by the City on July 19t'', a new online portal to report instances of bias, discrimination and hate. Ken Reidy questioned Mayor Nelson, Councilmember Distelhorst, liaison to the Diversity Commission, and Patrick Doherty regarding the representation that the Diversity Commission recommended this action. Mr. Doherty's response was, "the idea for the bias hate reporting portal came out of preliminary discussion among commissioners, not a formal recommendation. These discussions led me, as staff, to discuss this idea internally and we decided it was a good idea that we could implement without further ado. We simply added to the existing reporting portal on our website a new category, instances of bias, discrimination and/or hate." Councilmember Distelhorst praised this reporting portal at the July 20t' Council meeting and suggested robust distribution out to the community. To Mayor Nelson and Councilmember Distelhorst, Ms. Bloom said you don't fight authoritarian sentiments with authoritarian practices. Surveillance by governments is intimidation; bullies, gangs and hate groups practice intimidation. If those in this room employ the tactics of bullies, gangs and hate groups, they won't have to set out cameras outside this room to find them. Gerald Bernstein, Edmonds, directed his comments to the Mayor, Council and the amorphous group referred to as Staff who seem to have a great deal of authority in this community. He expressed concern with the overreach of City government on citizens; seeming to know more than they do about how to manage their lives. For example, to manage the tree crisis, they decided residents were not competent to cut down their own trees. To manage the missing middle crisis, which he felt was still missing and should be, they think the community, neighborhood design and how residents live should be changed. Then they came up with the idea of a bias, discrimination and hate reporting portal which he referred to as Fascism 101, something every dictator in the world has done including Hitler, Mussolini, Stalin, and Pol Pot where people were encouraged to rat on their neighbors, children on their parents, neighbors, friends, relatives; no one was safe and no one could say anything in East Germany because they would be in the gulag. He feared that was starting to happen in Edmonds. If this is what the Diversity Commission does, he suggested getting rid of them because they were not doing anything very useful and instead use the money to help the residents on Dayton fix their traffic issues. Bob Newton, Edmonds, said he was speak extemporaneously, first regarding traffic on Walnut Street. He acknowledged the residents on Dayton have traffic problems; but the residents on Walnut also have a Edmonds City Council Draft Minutes July 27, 2021 Page 7 Packet Pg. 10 6.1.a terrible traffic problem. He purchased his house six years ago from the State; the woman who lived in the house, Eleanor Bonanno, a wonderful woman, was hit by a car and killed on Walnut Street. It took five years for any remediation to happen on Walnut Street which he found unacceptable. The residents want more remediation done on Walnut because there are 25-ton side dumpers and 30-ton dual axle dump trucks driving up the street and people driving 60-70 mph up the street. The residents on Walnut need help. Many of his neighbors are talking about leaving Edmonds because of the problems of traffic on Walnut. Next, he spoke about the portal, agreeing it was factious, communistic, horrible and a violation of First Amendment rights and he urged the electeds to stop it now. Elizabeth Fleming, Edmonds, thanked the previous speakers for renewing her faith in the country, commenting it was amazing because people were finally able to express their concerns in -person directly to the Council. She hoped the Council and Mayor were listening and taking it seriously, commenting this was how this country works, the people are the ones in charge, not the government. She expressed her deep concern regarding the new portal implemented by Mayor Nelson at the request of the Diversity Commission so that citizens of Edmonds can report instances of bias, discrimination and hate. She pointed out Mayor Nelson has again taken a non -transparent approach that not only infringes on individual rights but also effectively exposing the City to legal risks; lawsuits are sure to come, an expense paid by the taxpayers. Edmonds is a friendly, welcoming City and not inherently racist. Although the portal was created in the spirit of gathering data, the data will not hold any water. The information gathered through this portal will never be deemed legitimate because it will be unverifiable unless the "we" mentioned on the City's site intends to investigate or monitor individuals who are accused of non- criminal hate, bias or discriminatory incidents that are posted anonymously. Individual rights are being infringed upon, freedom of speech, equal protection under the laws as well as protections against liable, a presumption of innocence, the right to privacy and the right to defend yourself against your accuser. The 14' Amendment states, "no state shall deny to any person within its jurisdiction the equal protection of the laws." There is a system of laws in this country that most citizens abide by and that the judicial system enforces. When a law is broken, there are consequences and it is by way of impartial due process and the fair application of laws that people can trust the outcomes. The idea of giving people space to share their experiences is not a terrible one; the idea that they could report on fellow citizens and share anecdotal, perceived experiences without any verification and an unelected, lay person would determine the action to be taken in an absolutely horrible decision. The City's website says the information gathered could be disclosed if requested; she questioned why "could be" and not "will be." She questioned whether information would be disclosed and who would decide this. There are too many questions and too much lack of transparency and she feared there would be no accountability. The Mayor should put a halt to the portal until he can clearly defend its existence. Washington State Constitution states, "all political power is inherent in the people and the government derive their just power from the consent of the governed and are established to protect and maintain individual rights." Susan Hughes, Edmonds, expressed her opposition to the online portal. Her children and grandchildren all went to Edmonds schools and Edmonds has never been racist. The online portal perpetuates hate and racism. Watching neighbors is the Cuban model of social control and is what communist countries do. The Mayor and Councilmembers are telling citizens to spy and turn in their less than perfect neighbors. Just as Nazi propaganda presented by the Gestapo as all seeing all knowing group, the City Council is saying the City Staff monitoring this portal is all seeing, all knowing. In other words, they are the Gestapo and will determine who has bias. She commented bias is a feeling, an opinion, a personal judgment. The portal is creating a hate list, a list of names based on someone's opinion, a witch hunt where no crime has been committed. There are hate law and laws against discrimination. The Council and Mayor are trying to divide the people of Edmonds. Edmonds has always been inclusive of everyone; Edmonds citizens need to stand up against the communism being implemented. Edmonds City Council Draft Minutes July 27, 2021 Page 8 Packet Pg. 11 6.1.a Roger Hertrich, Edmonds, spoke regarding the Edmonds Rescue Plan. Although he had a personal feeling about all the government money being given away and questioned when the pot would be emptied, he suggested the money could be used in the City to help citizens pay their taxes on utilities. Every City utility, water, sewer, electric, has a tax on the already big bill. Some of the money that is being distributed could be spread to all citizens to help them pay their bills especially those on set incomes. He encouraged the Council to print out a list of the subjects that citizens have spoken on tonight and schedule discussion on each of the subjects. Often citizens provide their advice and feelings to the Council and a lot of the information is forgotten and not addressed. He urged the Council to pay attention to what the people have to say. Janelle Cass, Edmonds, referred to the portal, stating that like the vast majority of Edmonds residents, she did not agree with hate and believed discrimination was unacceptable. However, it is not the role of Edmonds government to track, evaluate, log or act upon non -criminal reports. Feelings, thoughts and speech, no matter how unsavory or mean, are protected by the First Amendment and are the basis of civil liberties. Aside from being an alarming risk to public safety, implementing a process like this drains City resources. The public has a right to know if the following questions were discussed and considered before implementing the portal: Who is responsible for evaluating complaints and what are their qualifications. Do we have staff to follow through with investigations and to verify the claims? How would staff prove the accusations are true? Will social workers show up at the accused door or will a thought police be instituted which bears the question of whether Edmonds will have a thought police chief before we have a real police chief? Will the accused be provided representation and if so, who will pay for that? What is the cost and do we have the budget? What does resolution look like? What about the mentally ill, people with Tourette's, dementia and autism who say some very inappropriate things, will they too be on a list? Given the potential of City liability, the likelihood of civil rights violation and unknown implications, she urged the Mayor and Council to remove the portal from the City's website and discontinue any efforts to gather this type of unsubstantiated information about Edmonds residents. Trisha Ivilette, Edmonds, said she previously did not pay attention to what was going on in the City because she was sure that having the citizens at the top of the City's organizational chart would ensure the City Council and everyone else followed what the people want. When she started paying attention to what was going on in Edmonds, she noticed a lot of incompetence, racism, and virtue signaling, and not doing what the people want. Racism comes from the ridiculous portal. She was born and raised in Romania; half her family died in jail because people listened and said things about them. Her great uncle was killed because he was a bishop who said that certain things are true, truths the communist regime did not agree with, and is buried in a common grave somewhere. He was beatified by Pope Francis two years ago. She said the portal was awful; for example if someone does not like their neighbor and thinks they are an idiot, what happens when the neighbor repeatedly reports them on the portal and how does the other person get his reputation back? This type of thing does not stay confidential; people will gossip about it, especially in this Council where the Council President thinks the people living in Edmonds are rich White folks, which is racist. She questioned whether the citizens should ask for her resignation because what is being done is ridiculous. She asked if the intent was to have the police show up at someone's door because they said something. She was not aware of this previously but according to woke people, if someone asks about someone's accent, it's racist. She has an accent and doesn't care if someone asks her and thinks it's nice that people notice. She questioned whether microaggressions were included. She referred to Councilmember Distelhorst's comments during the debate that he has family in Mongolia and asked him if he had learned nothing from them; they live between a rock and a hard place, between China and Russia. She could not believe that he thought the portal was a good idea. She referred to the process for hiring a police chief, asking whether they had finally read the standards for hiring because a job was offered to one person, not knowing it should not be offered, then offered to someone based on skin color rather than character and now the City will be sued because the City rendered him unemployable. The taxpayers will pay for that, but Councilmembers should pay because they did it. Edmonds City Council Draft Minutes July 27, 2021 Page 9 Packet Pg. 12 6.1.a Sue Chase, Edmonds, a resident on Dayton Street, spoke regarding Dayton Street, acknowledging the thought process and research that went into creating improvements on Dayton Street. However, even the best laid plans cannot take into account every unintended consequence that can arise once plans are set in motion and sometimes what works on paper does not translate into success in real time. Similar to when that happens in life, we pivot, adapt and make the necessary changes to ensure success. Residents on Dayton Street see and experience in real time the day-to-day results of the completed Dayton Street project. Thanks to the tireless efforts of Nancy Marsh, meticulously researched documentation has been provided that spotlights the content and context of the residents' concerns. Surely it was an unintended consequence that endangered the children at Frances Anderson Center and on the surrounding playgrounds by allowing such easy access from 9' all way to the waterfront without suitable traffic control or calming measures. Surely it was an unintended consequence to have non -emergency vehicle and trucks exceeding the 5-ton weight limit to continually use Dayton as a shortcut, in clear violation of the 2017 truck routes. She did not know why Dayton had no signage indicating these restrictions. When she was a child, she took tennis lessons but is still a terrible tennis player with really bad follow-through. Once a tennis player hits the ball, the range of motion, arc of movement must be completed or the ball won't go where you want it to go. The residents of Dayton respectful ask Council to take appropriate measures to complete the follow-through in bringing resolution and closure to the Dayton Street residents. She is an Asian American, a first generation immigrant, the daughter of a college professor who came over and attended his master's and Doctorate on the east coast, and the proud parent of a United States Marine Corp officer and she has never experienced any racism in Edmonds. Marty Chase, Edmonds, a resident on Dayton Street and civil engineer who designs streets and other things throughout Puget Sound, said when he saw the improvements on Dayton Street, he geeked out and it was fun to watch the construction and see infrastructure constructed. He thought the bulbs were great to shorten the distance, but when the traffic circle was installed, he did not think it would work and it doesn't. He applauded the efforts and the follow-up with the blinking lights, but it is still not doing the job and the City can do better. He recommended stop signs, acknowledging Public Works may have a problem at 8' because there is not enough cross traffic, but given the circumstances of the Frances Anderson Center and all the kids it is worth another look. On 71'' where there is a steep grade to Dayton and the parked cars, the distance is bad, but there is a warrant in the MUTCD that allows for stop signs due to that condition. If Public Works does not want a stop sign at 8t'', which is probably the easiest thing to do, there is a much better option for a traffic circle. He submitted a photograph and design of a traffic circle from the City of Seattle's website that has a curb but is not so large that fire trucks cannot drive around it and it has a circular ring of concrete. The plantings and sign in the middle are visual cues that people do not want to speed through or drive over. Seattle's traffic circles are a tried and true solution and their website says the cost is $20,000. He also recommended flashing digital speed signs, recalling the City did some traffic studies but not enough. The studies need to be done up on the hill where the fast traffic comes down. Adding flashing lights and rumble strips and the street would be good to go. Jane Doe, Edmonds, said she refused to give any other information because someone might be offended by what she says and report her to the government for her perceived thoughts or words and put her on the government list. She congratulated the Diversity Commission and City Staff, Mayor and Councilmember Distelhorst, who plugged this hate portal at the end of last week's Council meeting, for turning the City of Edmonds into a place where every citizen now may live in fear of their neighbor putting them on the list. It is unknown what the government is doing with this list or where it goes. She asked Mayor Nelson who sees the list? Who exactly determines someone else's intent or bias? How do we know that person isn't biased as well? How do we know these stories are factual? Recently a business in Edmonds was ruined because someone was falsely identified on a TikTok video. She recalled when Edmonds government and the Diversity Commission went after a private business once before over their biased interpretation of hate. She asked whether this is what residents should expect from now on? Is this the new normal for Edmonds City Council Draft Minutes July 27, 2021 Page 10 Packet Pg. 13 6.1.a Edmonds? If an anonymous person says I looked at them wrong or doesn't like a sign in my yard, will a random staff person show up at her door? Will it be the police or the Diversity Commission or who? Will we need to hire attorneys to defend others' interpretations of our thoughts and words? Will there be due process before being put on the list or is a citizen guilty before proven innocent? Will the government be liable if a records request turns up my name for looking funny at my neighbor and someone decides to retaliate for that anonymous reporter's interpretation of hate? Will the taxpayers be liable when a class action lawsuit is filled with Edmonds for this portal? Her understanding is that staff implemented the portal and she questioned whether they were running the City and whether this was ever discussed at a Council meeting? The fact that it is still up strongly indicates the Mayor is complicit with this portal. She asked the Mayor to take action to remove the portal and she encouraged the Council to pressure him to do so. John Gradwohl, Edmonds, a resident on Dayton Street, explaining he moved to Dayton in time for the construction. In meeting his neighbors to discuss this issue, he found it refreshing that no one complained about parking, the activity at Frances Anderson Center, etc., the only concern is safety for kids. He questioned what the drawback would be to installing a couple stop signs. He timed his drive, pretending there were stop signs, and found it added 10 seconds to his commute. The cost of two stop signs is immaterial, they should be installed because there is no drawback and it improves safety for kids. There are people coming and going to Frances Anderson Center all the time. People from out of town use Google Maps; the fastest way into downtown Edmonds is Dayton. He urged the City to put in stop signs and make everybody happy. Lisa Green, Edmonds, said most if not all Councilmembers including Mayor Nelson promised to keep Edmonds, Edmonds aka maintain the charm of Edmonds. She asked them to honor their campaign promises and vote against any blanket upzoning of single family lots. She also encouraged them to take a field trip to Ballard, Redmond, and Kirkland for a closeup view of what we do not want in Edmonds. She also encouraged them to look at the housing prices and see if it is affordable. She implored them not to Ballardize Edmonds. [no name given], commented there is a cancer in the City and the cancer ignores what citizens have to say. The cancer doesn't have ears, thinks they are elite, they are woke, they are White, but they hate the White people of the Bowl in Edmonds because they're the problem. Many people moved to Edmonds not because of the color of people's skin but for the beautify of the Puget Sound and the northwest; skin color had nothing to do with it. The cancer in Edmonds threatens business owners if they don't put Black Lives Matter signs in their windows, erected a portal based on their pride and that they are so White that they will bend the knee to Marxist Black Lives Matter because they love Black Lives Matter which is a Marxist communist organization that has invaded the City. She suggested developing a subcommittee that would question citizens regarding what they consider to be a crime against Edmonds neighbors. People in this elite cancer group have forgotten what it means to be a neighbor because they are so full of themselves. The subcommittee could do its own investigations and find out how business owners have been threatened by the Black Lives Matter people and find out whether these cancer -elite groups will put a target on their backs. She invited anyone interested in such a subcommittee to contact her after the meeting. John Zimmerman, Edmonds, a resident on Dayton Street, said the homeowners on Dayton Street need help. They are the City's best witnesses to the traffic speed and conditions on Dayton Street. They do not have anything to gain and they don't always agree but they try to be objective when discussing how to make Dayton Street safer. One thing they have a consensus on is cars travel too fast and there has been an increase in truck traffic since the new infrastructure was completed. Homeowners on Dayton are saying to leaders that unless the changes they are asking for are implemented, there is a risk of something tragic happening, it is only a matter of when. A very critical area between 8" Avenue and 7' Avenue on Dayton Edmonds City Council Draft Minutes July 27, 2021 Page 11 Packet Pg. 14 6.1.a is the load and unload zone starting at about the amphitheater heading west to 7t' Avenue, approximately one third of a block. To make it safe, the posted speed between 7' and 8t1i Avenues needs to be reduced from 25 mph to 15 mph. There are times when cars are parked on both sides of Dayton Street, tired parents are dropping off or picking up their impulsive children and at the same time traffic traveling east - west with a speed limit of 25 mph. He has driven at 20 and 15 mph and 15 mph is much safer in such a critical area. Unless this precaution is taken, it is only a matter of time until a serious accident occurs. If 25 mph is the speed limit, cars often travel 30 and 35 thinking they are being cautious and within the law. Just yesterday while walking his dog next to the entrance to the Main Street Kids Daycare, a Community Transit bus went by in excess of 25 mph. The bottom line in his opinion was primarily a lack of enforcement. Even with signs, there needs to be more police presence, whether speed enforcement or most recently truck size route enforcement. The message needs to be if you don't follow the posted speed you will someday get a ticket. He knew of three streets that have a reputation of strict enforcement where the police routinely work those areas. He asked who had the power to decide a safe speed limit and once decided, who has the power to post the speed limit signs? He recognized government and the decision - making process was slow and urged the Council to take what they heard tonight and try to make good decisions. Elected officials are elected for good reason and he trusted there will be some additional changes on Dayton Street. Ken Reidy, Edmonds, thanked his fellow citizens for attending the meeting and urged the Council to listen and respect all citizens. He urged the Council to adopt the new Council rule that citizen voices are the last voices heard before Council makes decisions. Citizens are at the top of the City's organizational chart; City Council represents citizens, not the Mayor, Staff or City Attorney. During last week's City Council meeting, the Council voted unanimously to postpone consideration of a resolution adopting new Council rules to the next meeting. The City code states in the event the City Council is unable to complete its agenda on any Tuesday, it may recess the meeting to the immediately following Wednesday at the same time/place as the commencement of the meeting for which the agenda was incomplete. He questioned why the Council never met on Wednesdays to keep from falling behind. Despite last week's unanimous vote, new Council rules are not on the agenda as Unfinished Business and he questioned why the Council's legislative will was not being respected. The Council President and Mayor often confer after an agenda has been approved by Council and decide on their own that an approved agenda item will be addressed at a future meeting. He asked the Council to take steps to ensure that conduct stopped immediately. He read the duties of the Mayor from the City code, the Mayor shall be the chief executive and administrative officer of the City in charge of all departments and employees with authority to designate assistants and department heads. The Mayor shall see that all laws and ordinances are faithfully enforced and that law and order is maintained in the City and shall have general supervision of the administration of City government and all City interest. He pointed out "shall" means mandatory; the code has not been updated since 1993 related to the Mayor. The related state law was updated in 2009; one additional mayoral duty is to see that all contracts and agreements made with the City or for its use and benefit are faithfully kept and performed. Edmonds citizens have witnessed the Hearing Examiner contract expire twice in recent years with no one at the City noticing. In both cases, the Hearing Examiner continued to conduct hearings after their contract expired. This went on for 10 months the first time; contract expiration was only addressed after citizens brought it to the attention of City officials. He questioned what happened when the Mayor did not do their duty; whether the City Council ever stepped up and represented the citizens in this situation? He suggested the Council ensure there was really three branches of City government. Doug Backous, Edmonds, said he spends about half his day operating on people from multiple ethnicities who are unable to pay. He pointed out there are a lot of citizens who want to work with the City government and see an untoward consequence of it becoming us versus you. Although he respected Councilmember Fraley-Monillas' opinion, she should not represent him as racist. If she wanted to represent herself as a racist, she was free to do so but she should not speak for the rest of the citizens or Edmonds City Council Draft Minutes July 27, 2021 Page 12 Packet Pg. 15 6.1.a for him. He agreed with not endorsing hate but as previous speakers have said, the method is bad and is a bad visual when represented by the appointed White guy on the City Council. He suggested putting your money where your mouth is and offered to pay for the first stop sign on Dayton and promised to drive 15 mph. He wanted to work with the City and urged the Council not to draw a line tonight between the City Council and citizens but to work together. Rebecca Anderson, Edmonds, said she was grateful to live in Edmonds and to live in a country where she has the opportunity to publicly address elected officials, especially when she disagreed with the actions they are taking on behalf of the residents they promised to serve. She encouraged each person to take a moment to realize what a beautiful, unique and amazing City Edmonds is today, the parks, the beach, the beautiful foliage, the different neighborhoods, friendly people, charming downtown, many great restaurants scattered throughout the borders, every inch of Edmonds from Picnic Point to Lake Ballinger makes Edmonds what it is. Whether a resident has been here all their life or moved here recently, she was sure all would agree that living in Edmonds was a blessing, not perfect, but it is home. It is important for residents to take time to be involved and tonight spoke volumes. It means paying attention to the local government, speaking up when the Council and Mayor are not taking Edmonds in a direction that will maintain or cultivate what makes Edmonds a great place to live. It means continuing to speak up until the residents get the electeds' attention which she hoped was accomplished tonight. It means carefully vetting those running for Council and Mayor because once they are sworn in, we all get who the majority voted in for four years whether they are serving Edmonds well or not. It means having the courage to take action to encourage others to get involved because Edmonds is our home. Right now the beautiful City is in trouble; the City does not have a permanent chief of police, it has already been 18 months. Public safety is foundational for a city to thrive; look at the mess Seattle is in. Unfortunately there is a majority on Council who because of their own agenda were willing to overlook character flaws in a candidate and now more tax dollars are being unnecessarily spent in the process. She told three new neighbors who moved here from Seattle in the last three months that if they like Edmonds now, they need to get involved because the decisions the Council and Mayor are making now will greatly affect how Edmonds looks in the future. She lived in Edmonds for over a decade before she began paying attention to City government three years ago. The residents of Edmonds are at the top of the City's organizational chart, elected officials are supposed to serve the residents, but if residents are not paying attention and impressing on the Council and Mayor to serve Edmonds well, resident have no one to blame but themselves when Edmonds morphs into something they did not want it to be. Local government is not a set it and forget it exercise, but a garden that needs to be tended regularly. She encouraged residents to stay involved and be vigilant with regard to the Edmonds we know and love. Outside interests and partisan lobbying groups have zero interest in what citizens of Edmonds desire. They don't live or work here and are not Edmonds. Linda Ferkingstad, Edmonds, commented on the tree ordinance the Council passed in March and April 2021. Councilmembers open every meeting with the Pledge of Alliance and swore to uphold the United States Constitution when they took office. The tree ordinance requires the planning department to violate the 5th and 14' Amendments takings clause of the constitution with an illegal taking of the worth of property. It forces property owners to pay twice for their property before incurring the cost for removing the trees and stumps to build homes. It charges single family residential zoned property owners for 100% of the worth of their timber plus the carbon footprint of the trees needing removal even when meeting the 30% retention requirement unless the property owner is able to save 50% of their trees. Most properties to be divided have high tree densities and steep terrain where the buildable areas have the most trees. Most are very near to the 300+ acres of densely treed City and County parks. The tree ordinance is discriminatory, 100% tax or fees on trees applies only to those building for future homeowners, not to existing homeowners as was originally planned. The illegal charges raise housing costs and will force builders to retain trees that block natural light and views and could endanger the safety of new homes with falling branches or trees. Trees are beautiful but they can also be dangerous. The tree ordinance Edmonds City Council Draft Minutes July 27, 2021 Page 13 Packet Pg. 16 6.1.a violates the GMA which states private property shall not be taken for public use without just compensation having been made. It also states the property rights of landowners shall be protected from arbitrary and discriminatory actions. The tree ordinance also violates Edmonds Comprehensive Plan which states any growth or development should strive to preserve for itself and its neighbors the following: light including direct sunlight, private, public views, open spaces, shorelines and other natural features. Each and every development application shall comply with the Comprehensive Plan. Washington is the second largest timber exporter in the U.S. and has over 125 years of sustainable, successful timber harvesting. It is hypocritical to force Edmonds property owners to retain or pay for trees when each year enough lumber is exported from Washington to build 500,000 2,000 square foot homes. She urged Councilmembers to restore the rights of Edmonds citizens, property and business owners and refrain from overburdening them with regulations, taxes, fees, parking problems and charges that impeded accessibility to businesses and homes. Natalie Seitz, Edmonds, commented on trees, stormwater and equity. The City Council engaged in a robust stormwater discussion last week and she shared a suggestion she provided the Planning Board on June 23'; the city should adopt a surface water fee structure that compensates property owners at least equal to the stormwater benefit provided by trees. Trees are a third method for managing stormwater which is traditionally thought of only in terms of surface and groundwater quality standards. If stormwater becomes surface water runoff, it generally requires treatment for metals and petroleum products prior to discharge. A recent focus in this area is 6PPD which has been identified as the cause of coho die offs. Conversely, if stormwater is infiltrated into groundwater, it has significantly lower water quality requirements but infiltration is not feasible in many cases and can cause drainage issues such as increased crawlspace water and sump pump use for affected residents. When there is infiltration at the top of a slope, often the downhill neighbor's property will become wet. Geotechnical analysis conducted for development does not have the certainty to know where impermeable layers surface and where water will go. A third option is trees which intercept water in the canopy as well as remove water from the ground through transpiration. Trees can effectively grow anywhere in Edmonds and can be a key component to addressing additional capacity needed resulting from climate change. Proper incentivizing means showing property owners on their statement that their fees are significantly lower due to trees on their property and will foster a positive relationship between homeowners and trees, rather than the negative relationship the City is currently pursuing. It will also be equitable and consistent with the Urban Forest Management Plan. The City should consider stormwater code updates and recovery act funds to incentivize trees as a form of stormwater management. With regard to equity, she provided a list of City decisions that violate the parks planning process toward inequitable and institutionally racist results. The plumbing for a small restroom at the 0.51 acre Mathay Ballinger park, the only City park serving that community, was deemed too expensive while a $5M overrun for the Civic Center Park was acceptable. For years the City has redirected funds from the SR-99 commercial corridor to downtown neighborhoods, failing to invest in the community and address critical social and public health issues created by the roadway. The concentrated public investment in downtown neighborhoods has resulted in a lot of parks, sidewalks and public infrastructure, with ready access to downtown Seattle via the Sounder train, ideal for growth. She acknowledged growth will happen, but asked if it was fair to take the commercial and residential taxes from SR-99, the money making machine corridor, for the benefit of the Bowl and expect the SR-99 corridor to absorb growth. Denise Cooper, Edmonds, thanked the citizen who showed up to speak for the community. She has watched the City grow and her family in the early 70s was part of that growth. She acknowledged trees were lost due to storms, safety and disease and the free will to change the landscape on private property. With growth in the community came land development and trees had to be removed. The City granted those building permits and knew what was happening. She suggested the City plant more trees in parks and encourage planting on Arbor Day but infringe on her rights as a homeowner or charge her fees on top of the expense of managing her property. She did not support ADUs in her neighborhood. Many Edmonds City Council Draft Minutes July 27, 2021 Page 14 Packet Pg. 17 6.1.a communities have done that under the pretense of use for kids or aging parents when very few will be family occupied, most will be rental properties. She lives in a residential neighborhood with several rentals on her street. Some of the rentals are well kept, some have been fabulous and some have not. When someone owns a home, the standard of care for the home and neighbors is usually more caring and responsible. She recommended not changing family neighborhoods which have been a safe place to raise families. All are welcome, there is a diverse community, but leave our family zoning in place. With regard to the portal, communist countries during WWII and the Nazis encouraged children and adults to report anything or anyone not in line with the Gestapo or Hiders beliefs. The portal created by the Diversity Commission where supposed bias, hate or one-sided claims can be made public is irresponsible and dangerous for citizens. There is free speech in America; most teach their children how to present themselves at home and in the community. People have said things in this community on Council and on the Diversity Commission that made her feel fearful or upset; she could use the portal, but preferred to use her voice in the town, at Council meetings and with her neighbors. Those responsible for the reporting hate portal, the Diversity Commission, Patrick Doherty, and Councilmember Distelhorst, who supported the idea and are responsible for its creation, should hear citizens condemn these actions. 6. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF JULY 20, 2021 2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 3. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM JUAN CASTENEDA MIRANDA & JEAN KOVATOVICH 4. MOTION TO POSTPONE CONSIDERATION ON A RESOLUTION ADOPTING COUNCIL RULES OF PROCEDURE 5. AWARD CONSTRUCTION CONTRACT FOR PHASE 2 STORMWATER REPLACEMENT PROJECT 7. PUBLIC HEARINGS 1. PUBLIC HEARING ON THE PLANNING BOARD RECOMMENDATION TO APPROVE AN AMENDMENT TO CHAPTER 17.75 ECDC, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN CHAPTER 17.70 ECDC Acting Development Services Director Rob Chave explained this is a follow-up to an interim zoning ordinance the City Council adopted in December to streamline the process of approving outdoor dining related to restaurants. The ordinance added specific criteria to the code and removed the requirement for a conditional use permit (CUP). A CUP takes upward of three months to approve at a substantial cost. While working within COVID restrictions, restaurants were having difficulty making their businesses viable. When the Council adopted the ordinance it was felt the CUP did not do much beyond the specific requirements, it only provided a public process. After the ordinance was approved, it was referred to the Planning Board to consider whether it should be permanent. The Planning Board looked at the ordinance and its provisions and agreed a CUP was not necessary. The only technical thing the Planning Board did was to combine the last two sections of the ordinance into a single section. Edmonds City Council Draft Minutes July 27, 2021 Page 15 Packet Pg. 18 6.1.a Mr. Chave referred to an error pointed out by Councilmember Olson that "of' was mistakenly removed in 17.75.020; the sentence should read, "...in accordance with the terms of this chapter." If the Council agreed to eliminate the requirement for a CUP, he recommended relocating Paragraphs 4 and 5 in 17.75.010 further down in ordinance as those are intended to be conditions of all dining approvals. Chapter 17.75.010 states one of the following provisions is necessary and what follows are Paragraphs 1, 2, and 3. That was the way the Planning Board understood it and it was a technical correction that could be made following the public hearing and included in an ordinance that will be returned to Council for approval. Councilmember Olson observed there were some that were under the impression that this ordinance included streateries; it was her understanding that it does not. Mr. Chave confirmed it does not, this ordinance is related to outdoor dining that occurs on private property. Streateries are located within the right-of-way. Councilmember Buckshnis relayed a question brought to her attention, if an establishment has a parking lot and they decide to turn it into outdoor dining, is that acceptable. Mr. Chave answered it depends on the zone; if parking is required in the zone, that would not be allowed unless there was excess parking. Councilmember Buckshnis said she was referring to the zone where Walkable Edmonds is located, one of the BD zones. Mr. Chave explained the BD zones downtown do not require onsite parking for commercial uses. He recalled 1-2 restaurants downtown have converted parking areas to outdoor dining. Councilmember Buckshnis said Fire & the Feast was brought to her attention. Mr. Chave said a lot of restaurants downtown do not have parking areas. Many restaurants take advantage of bistro dining or, more recently, the streateries. Outdoor dining for many downtown businesses would be problematic as restaurants want it in front of the building, not behind. There are exceptions; Walnut Coffee for example as a fairly substantial parking lot, probably more than they need, and they may be able to take advantage of outdoor dining. Councilmember Buckshnis concluded streateries fall under outdoor dining, but it is a separate ordinance. Mr. Chave agreed this chapter had nothing to do with streateries. Councilmember K. Johnson referred to Chapter 17.75.010.A.5 which states, all dining area adjacent to vehicle parking shall be separated by landscaping, curb stop, wall or other suitable barrier, and Chapter 17.75.010.A.5 states dining area must be screened from adjoining residentially zoned property(ies) by a building and/or a four -foot wall, hedge or solid fence. She asked why the two screening requirements were not the same. Mr. Chave said the way the original ordinance was structured, in 17.75.010, in order for outdoor dining to occur, at least one of the following criteria had to be met, 1) The site is not directly adjacent to any residentially zoned property(ies), 2) The site complies with the landscaping requirements found in Chapter 20.13 ECDC along the property line(s) directly adjacent to residentially zoned property(ies), or 3) The dining area is screened from adjoining residentially zoned property(ies) by a building and/or a four -foot wall, hedge, or solid fence. He reiterated Paragraphs 4 and 5 do not belong in that list and are conditions of any approval and should be relocated further down in the ordinance. Councilmember K. Johnson agreed. Mr. Chave said the Planning Board understood while they were reviewing the ordinance that that was how the ordinance was intended to read. Councilmember K. Johnson pointed out there are a couple restaurants near Five Corners that appear to have dining areas adjacent to vehicle parking, areas that are just screened and not permanent. Mr. Chave said he was not familiar with the situations she was referencing. It was possible they could have been approved previously, but if they do not adjoin a residential areas, they are not required to have landscaping or other more permanent screening. Edmonds City Council Draft Minutes July 27, 2021 Page 16 Packet Pg. 19 6.1.a Council President Paine asked where Sections 4 and 5 would be inserted. Mr. Chave answered it could be under D or a new section. It will need to be clear that those sections apply to all outdoor dining situations. Staff will consult with the City Attorney regarding the best way to phrase that. The provisions would remain as stated, they would only be relocated. Councilmember Buckshnis observed Westgate Mixed Use was added, recalling there was a lengthy planning process for that area that included looking at the parking. She relayed a question why outdoor dining would be considered in Westgate when it is so congested and dense. Mr. Chave answered Westgate is intended to be a walkable, multiuse center and to look a little different than it does today with more internal circulation, more pedestrian activity, etc. It seemed like an omission not to include Westgate in the outdoor dining provisions. Outdoor dining in this region will be seasonal, not year round. Unlike downtown, Westgate has commercial parking requirements which would remain unchanged. He did not think it appropriate to require parking for a use like outdoor dining which is a seasonal use because that encourages more pavement, heat island effects and would be counter to what the City is trying to do with more sustainable development. Councilmember Buckshnis agreed with Westgate as walkable area, noting that transition has not occurred and it is unknown what will happen with the Bartell parcel since they sold. Parking continues to be a concern with a lot of citizens. She questioned where outdoor dining could occur due to the density, other than PCC which has outdoor dining. She relayed another question about enforcement that does not appear to be occurring . Mr. Chave said complaints or something out of compliance would be handled by code enforcement. Councilmember Buckshnis referred to Section 17.75.010.A.5, commenting there are areas in Five Corners where there is parking and outdoor dining occurring in the parking lot which although separated, could cause problems. Mr. Chave answered staff is aware of a few situations where outdoor dining has been established without permits and plan to follow up on those this week. Mayor Nelson opened the public participation portion of the public hearing. Ken Reidy, Edmonds, said the agenda packet for this item fails to include his public comment submitted for this public hearing when it was scheduled for June 22, 2021 and he urged the City to stop providing incomplete agenda packets. Ordinance 4210 passed by City Council on December 15, 2020 states pursuant to RCW 36.78.390 this interim ordinance may be adopted on an emergency basis without first holding a public hearing; however, the same RCW requires the City Council hold a public hearing on an emergency interim ordinance within at least 60 days of adoption. A public hearing for this interim ordinance was required by February 13, 2021; it is far too late to be having this public hearing. He requested the City inform all those impacted by the Council's failure to hold a public hearing on Interim Ordinance 4210 within at least 60 days of adoption. He questioned what happened now; how many zoning code violations have taken place and are taking place, how does this happen who is responsible and is there ever any accountability for anything at City Hall? The City has done this before; on March 17, 2015, Council passed Interim Ordinance 3992; 77 days later the public hearing was held on the June 2, 2015 agenda. City staff claimed the mistake was due to an oversight. Former Councilmember Bloom abstained from the related vote due to her concern that it was not brought to Council before the 60 day deadline. Councilmember Fraley-Monillas acknowledged that errors were made by staff, but that staff was putting procedures in place to avoid it occurring in the future and as it served no purpose to vote against the motion. The purpose of voting against the motion was because the 60 day time period allowed by the law had been missed. This has been a concern of his for years; where is the leadership that is willing to step forward and simply require that the City follow all its laws and ordinances? He questioned whether that was the Mayor's duty and why wasn't the type of integrity exhibited by former Edmonds City Council Draft Minutes July 27, 2021 Page 17 Packet Pg. 20 Councilmember Bloom on June 2, 2015 seen more often. Although procedures were supposed to have been put into place to avoid this happening again, this time it has been 224 days rather than 77 days. Hearing no further comment, Mayor Nelson closed the public hearing. Councilmember Buckshnis asked City Attorney Jeff Taraday to address Mr. Reidy's comments. She referred to the language in Section 3 that the ordinance sunsets after 180 days and asked whether the ordinance had already sunseted if it had been 277 days and should there be a new ordinance or a replacement ordinance. Mr. Chave explained the original ordinance was an interim ordinance and it has expired. The Planning Board looked at the original ordinance and made a recommendation for a new ordinance. The intent is an ordinance to make these provisions permanent. He agreed the interim ordinance had sunseted. If the ordinance is brought back for Council approval, it would be an entirely new ordinance. Mr. Taraday agreed. He could not comment on the 60 day hearing requirement as he would need to check whether a hearing was held and if one wasn't held, he did not know why it wasn't. Councilmember Olson relayed her understanding that the intent of this new ordinance was to make the interim ordinance permanent, but in fact this a new ordinance. Mr. Chave responded it would make the provisions in the interim ordinance part of the permanent code. Councilmember Olson suggested Mr. Taraday provide input to Council this week to ensure the hearing was done properly. Mr. Taraday asked if she was requesting he do fact finding and report back to Council. Councilmember Olson said she wanted to ensure when the Council votes on this ordinance, that it was done in compliance with the law. Mr. Taraday clarified the ordinance the Council would be acting on is not an interim ordinance, it is a permanent ordinance. The Planning Board reviewed the provisions that are being recommended to Council so there would not be any issue with the permanent ordinance which has gone through the normal process for any permanent change to the zoning code. Any permanent change to the zoning code goes to the Planning Board first, then to the City Council which is exactly what happened. To the extent that there was an issue with the interim ordinance, that ship has sailed and there is nothing that can be done to fix it, but it has no bearing on the proposed permanent ordinance before the Council. In other words, the issue raised by Mr. Reidy relates to the validity of the interim ordinance, but has no bearing on the validity of the permanent ordinance. Mr. Chave said the Planning Board used the interim as a starting point or example when crafting a permanent ordinance. Mr. Reidy was referring to the process for adopting the interim ordinance, not the process for this ordinance. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, THAT THE COUNCIL CONSIDER THIS POTENTIAL NEW ORDINANCE AT THE NEXT AVAILABLE CITY COUNCIL MEETING. Councilmember K. Johnson said due to the late hour and the fact that there is another public hearing on the agenda, the Council should take up the content of this item next week. Council President Paine said she was unsure there would be time on next week's agenda. Councilmember K. Johnson said the motion was the next available City Council meeting. Mr. Chave said staff may be able to have the ordinance in final form when the Council considers it next. Councilmember Buckshnis asked if another public hearing should be held since the interim ordinance had expired. Mr. Chave answered this is the public hearing on the permanent ordinance; the ordinance in the packet is an underline/strikeout of the permanent ordinance. Councilmember Buckshnis observed there is an expired ordinance, Ordinance 4210, and draft of the new chapter. She reiterated her question whether a new public hearing needed to be held on the new ordinance. Mr. Chave said the Council's recommendation would be to direct the City Attorney to prepare a permanent ordinance. Staff is taking the next step in preparing the ordinance so the Council could make any amendments. He summarized the ordinance does not require a new public hearing. Edmonds City Council Draft Minutes July 27, 2021 Page 18 Packet Pg. 21 6.1.a MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO EXTEND TO 10:20 P.M. Councilmember Buckshnis asked whether a decision had been made to remove New Business Agenda Item 8.1. Mayor Nelson advised there had been no discussion. Councilmember Buckshnis observed 20 minutes was not enough time for that agenda item. Councilmember Fraley-Monillas pointed out the next public hearing is 45 minutes and the New Business item is 60 minutes which would take the meeting to approximately midnight. She did not think the Council generally made the best decisions that late at night. She suggested taking a break to make a decision on the New Business item. Not wanting to cause further delay, Mayor Nelson said the motion to extend 20 minutes addressed the length of the meeting. MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING REGARDING PRIVATE CODE AMENDMENT TO ECDC SECTION 20.75.045.11, ENTITLED UNIT LOT SUBDIVISION - APPLICABILITY Senior Planner Mike Clugston explained the Council looked at this several months ago. A private applicant has proposed to add the downtown business zones to the areas in the City where the unit lot subdivision process can be applied. It currently can be used in multifamily zones, the Westgate Mixed Use Zone and the General Commercial District. The applicant would like to use it specifically on a parcel he is developing on 5t' Avenue South, but it would apply to all BD zoned properties. The unit lot subdivision process has been around since 2017 and used several times and the development community seems to like it. Unit lot subdivision provides an alternative for ownership of townhome type projects by allowing fee simple ownership of townhome buildings. Following a public hearing, the Planning Board recommended approval of the amendment to allow unit lot subdivision in the BD zones. If the Council agrees, the City Attorney could be directed to prepare an ordinance. Councilmember Buckshnis said she has received a lot of questions from citizens and she feared due to the late hour, people had left the meeting. She suggested continuing the public hearing due to issues related to this upzone. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO CONTINUE THE PUBLIC HEARING TO THE NEXT MEETING. Council President Paine advised the next available date is August 17t'' City Attorney Jeff Taraday commented while it was certainly okay to continue the public hearing to allow additional public comment at a future date, because it was noticed as a public hearing tonight, he recommended allowing the public to speak tonight and then continue the hearing. Councilmember Olson commented there was a very clear passage in the packet about whether parcels could be combine and therefore have the setback on the combined parcels versus 4 or 6 sides. The packet clearly states that is not the case; but she questioned if that could be done prior to development. Mr. Clugston answered like condominiums, unit lot subdivisions have CC&Rs and HOAs that govern their operation as well as a final plat that shows division of the land. While in theory one owner could buy 2-3 adjacent townhomes, they could not apply to do something with the land that was not in accordance with the HOA and the CC&Rs. Edmonds City Council Draft Minutes July 27, 2021 Page 19 Packet Pg. 22 Councilmember Distelhorst said he heard someone mention upzoning and wanted to clarify that. Mr. Clugston answered this is not an upzone. It is just a process where a subdivision could be done on top of a project that has already been approved. For example, the project goes to the Architectural Design Board (ADB) for review and approval. The project then applies for building permits which staff reviews to ensure they are consistent with the code. After that happens, the developer could apply for unit lot subdivision to drop property lines on those townhome walls. Councilmember Distelhorst clarified there is no change in density, etc. Acting Development Services Director Rob Chave explained the existing density would control the density on the property and this is not a change in the zoning. Councilmember Buckshnis said it could be called as one wished. She misspoke but in her opinion, if a condominium project is allowed to add another floor or a business below, it was adding a commercial and residential use in one place that would have been a condominium which she believed was increasing density. Mr. Clugston said that is not technically correct for sure. Councilmember Fraley-Monillas agreed with continuing the public hearing, commenting there were people here that wanted to speak on this issue but may have been overwhelmed by the number of people speaking. There has been a lot of discussion regarding this and the Council needs to consider it very carefully and be crystal clear about what is occurring. She commented there has been some information provided that may not necessarily be accurate. Councilmember L. Johnson asked how many times citywide there has been an application for a unit lot subdivision. Mr. Clugston answered 5 times since 2017 or approximately one a year. Councilmember Olson raised a point of order, that there was a motion on the floor to continue the public hearing. MOTION CARRIED UNANIMOUSLY. Mayor Nelson opened the public participation portion of the public hearing. John Hoag, Edmonds, spoke in opposition to the unit lot subdivision code amendment. A member of the Economic Development Commission, he was speaking only as a private citizen. He expressed concern about the consequences of the code amendment on the commercial space in business zones in Edmonds. The amendment further expands and changes the current code to emphasize housing over commercial space, instead of C for commercial and h for housing, it turns the incentives on its head, H for housing and c for commercial as an afterthought. For proof, he referred to the project at the old Baskin & Robbins/Curves site, the template for these approved zones. Expansion of this code amendment into the BD (Business District), OR (Office Residential) and Firdale Mixed Use will further erode commercial space set aside for business expansion or new businesses and could stifle business recruitment in the City. If the City truly wants work/live in Edmonds, the City should stop prioritizing housing at the expense of commercial space. He questioned. 1) how does reducing commercial space and the footprint increases the economic vitality and diversity of the business district in Edmonds, 2) where locally has this worked in the area, where is the data, and 3) if this isn't such a big code change why change it, why expand it? Ken Reidy, Edmonds, said the agenda packet for this item fails to include his public comment submitted for this public hearing when it was scheduled for June 22, 2021 and he urged the City to stop providing incomplete agenda packets. When he was unable to find the City code section yesterday that governs applications for this type of thing, he asked and was advised by staff that application requirements for Type V legislative decisions are found in ECDC 20.02.002. He read the application requirements in ECDC 20.02.002, a verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant or that the applicant has submitted the application with the Edmonds City Council Draft Minutes July 27, 2021 Page 20 Packet Pg. 23 6.1.a consent of all owners of the affected property. The property owner's authorization section at the bottom of this application, contained on age 125 of the Council packet, is incomplete and not signed. The owners of the affected property have not consented to this application. This application isn't even for a property address or a location. The application claims it applies throughout the BD zones. He questioned whether the applicant had exclusive ownership of all property located throughout the BD zone and if not, why this application was accepted. The code also states that within 28 days after receiving a application, the director shall mail or personally deliver to the applicant a determination about completeness of the application which he did not see in the Council agenda packet. He questioned how this application got to this point without anyone noticing something so obvious. The City code allows parties to apply to amend the City code if the application is proper and complete. He hoped the 2021 City Council would immediately adopt legislation preventing City staff from attempting to expand code text amendments beyond the property address that the application relates to. Kathleen Rapp, Edmonds, said she has given unit lot subdivision a lot of thought and done a lot of research and thinks they are horrible because they put the owner at risk with shared walls and a fee simple lot which doesn't work if there is leakage. Staff was willing to sell out Edmonds for $7,780 on October 15, 2020 by putting a text amendment that applies unit lot subdivision in BD zones. She agreed there was no owner signatures on the application. Unit lot subdivision is very dangerous, produces poor housing, and a very small footprint that goes up three stories with shared walls, roofs and foundations. She referred to the building collapse in Florida and a CNN article that states the reserves for over 30% of townhouse, condominium, rowhouse HOAs are 30% of what they should be. She also learned staff does not review the CC&Rs, noting CC&Rs are critical in any shared complex whether they have walls or rowhouses. Michelle Dotsch, Edmonds, President, Alliance of Citizens for Edmonds, said the applicant is attempting to construct 14 units of townhouses at the old Baskin & Robbins site. In his presentation to the Planning Board an important piece was not disclosed to help them have full knowledge of this proposal to widen the allowance of the unit lot subdivision process from just this one potential projected to now include the entirety of the Edmonds downtown commercial core and potentially and future multifamily properties in Edmonds. In the BD zone, developers are required to retain a tiny portion, 5% for open space. With a permitted use of condominium construction in the BD zone with commercial below, it is very difficult to cut up the lots to allow them to be further subdivided as is the case with unit lot subdivision. This loophole was not disclosed to the Planning Board by staff, making unit lot subdivision a very different use in the BD zone, let alone through any future multifamily zoning in Edmonds. An important qualifier at the ADB presentation for the unit lot subdivision request was left out of the Planning Board public hearing as well as tonight. The intent of the code is for open green space to be included for any development in the BD zone. "With a project area of 17,160 square feet, 858 square feet of open space is required. However, if a lot line is created, the project would then consist of two lots that are each less than 9,000 square feet. In that case the 5% open space requirement would not apply. The applicant intends to obtain subdivision approval to create that lot line which is proposed as a condition of design approval. If the subdivision is approved, the open space requirement would not apply." Considering all the environmental impacts the Mayor and City Council have identified as their number one priority, this developer along with planning department staff will be pushing for this project and potentially future projects to not even include a 5% open space police requirement. She questioned why the City would give that away so easily. There may be only three street trees on this pro -developer template, the rest will be permanently paved over. Unit lot subdivision are extremely profitable for investment banks, developers and real estate flippers who are encouraging the Council to allow this use all over Edmonds. She encouraged the Council to ask good questions, take time to consider the impacts, look at open space requirements as all the Housing Commission proposals are brought forward which should have been included and not backdoor/piecemealed in this way. Unit lot subdivisions have already been completed in Edmonds through staff decisions and all have clear-cut the lots, most taking 2 lots to create 14 units without almost zero lot line to zero lot line impervious surfaces in those developments. She urged the Edmonds City Council Draft Minutes July 27, 2021 Page 21 Packet Pg. 24 6.1.a Council to deny this application until further study is done to determine how unit lot subdivision developments damage the environment. More concrete and less green is not what Edmonds is striving to prolificate. Janelle Cass, Edmonds, a local business owner in downtown Edmonds, urged the Council not to allow this change to the BD zone, commenting it would be the final nail in the coffin to a lot of small businesses. Small businesses cannot compete with developers putting in high end, expensive housing. She is on the Chamber of Commerce Board of Directors, but speaking for herself as a business owner. The City will lose the vast diversity of businesses who will not be able afford Edmonds. As much as people may be drooling over seeing Firdale revitalized, the businesses in that area have to be considered. One of the businesses near and dear to her, Hula O Llehualani, is a fundamental contributor to the Pacific Island culture in Edmonds. There are over 150 dancers and she guaranteed the owner could not afford or even fit a dance studio in a work/live zone. She encouraged the Council to consider the culture of Edmonds and local small businesses and not implement these changes to the BD zone. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO EXTEND UNTIL 10:30 P.M. MOTION CARRIED UNANIMOUSLY. Elizabeth Fleming, Edmonds, shared her support for what other speakers have said with regard to unit lot subdivision. She agreed it should not be approved and should be carefully reviewed before any decision is made. She voiced her support for those who are opposed to upzoning of single family lots. Greg Brewer, Edmonds, referred to comments that unit lot subdivisions first occurred in 2017 and once a year since. He assumed a powerful developer got toe in and opened that door and now a business zone would be changed to 14 residences. He questioned what that did to the downtown business core and how that did not increase density. He did not agree with the application and said it should be denied. Mayor Nelson relayed the public hearing had been continued to August 17, 2021. 8. NEW BUSINESS 1. EDMONDS MUNICIPAL COURT REORGANIZATION Due to the late hour, this item was postponed until the August 17, 2021 meeting. 9. COUNCIL COMMITTEE REPORTS 1. OUTSIDE BOARDS AND COMMITTEE REPORTS 10. COUNCIL COMMENTS Councilmember K. Johnson thanked the citizens who took time to be here tonight, commenting even with the delay, there had been really good participation. She took notes during the comments and relayed what she heard and agreed with. First, she will send a memo to Phil Williams and Mayor Nelson asking them to work with the residents of Dayton Street to solve the speeding and safety problems. Second, there were great questions about expanding the unit lot subdivision process to all the BD zone. Third, she did not think the portal to report bias, hate and discrimination was a good idea. This was reported as an idea by the Diversity Commission but was carried out by the Administration. Fourth, she did not support surveillance of parks where the graffiti occurred. Fifth, she had a lot of questions about the missing middle with DADUs, townhomes, triplexes and duplexes; they can work but the Council needs to proceed cautiously and look at it on an area by area basis. Edmonds City Council Draft Minutes July 27, 2021 Page 22 Packet Pg. 25 6.1.a Councilmember Distelhorst acknowledged everyone coming to out to participate, recognizing that people have wanted to be back in Council Chambers and participate online and he was glad the City was able to offer a hybrid option. He thanked the residents of Dayton Street; he has had great conversations with them about traffic calming measures and some of the principles that NACTO supports for slowing traffic and improving safety. He was hopeful the residents and Administration could work on bringing safety improvements to that area. He pointed out Councilmembers and the Mayor were all wearing masks; case rates have double since three weeks ago and a recent advisory from public health officials in the Puget Sound area recommend that even vaccinated people wear masks in indoor shared public spaces to cut down on the spread of COVID and the Delta variant. Councilmember Fraley-Monillas commented there has been a lot of discussion about her in the last six months in various fashions and newspaper articles. She tends to ignore most of it because she understood the interest of those making the statements. She has never said everyone in Edmonds is a racist; she was asked by the media about racism in Edmonds and she said yes, there is racism in Edmonds. She referred to a list she made of incidents, everything from a hanging noose at a construction site where two Black people were working, a family of color called racist names and told to get out of the City while walking on Sunset, art displays related to Black Lives Matter that were tampered with and on and on. She said Edmonds and every city has levels of racism, it is not unique to Edmonds. She chose not speak about this publicly before now because she thought it was just a lot gossip and comments. She has now determined it definitely has to do with politics, politics drive Edmonds and always have. Councilmember Fraley-Monillas continued, a number of people today were highly upset with her because she allegedly made comments that everyone in Edmonds is racist; she said that was a very inappropriate and she did not make that comment. She did state in a Facebook post from a private party that a couple individuals well known in the City talking about Black Lives Matter and various other things and she did make a statement, referencing one person, that it is a pack of downtown rich White people. She admitted saying that but said it was taken out of context. She considered herself lucky because Dori Monson had been talking about her and these issues on talk radio. Tonight she saw what she believed to be bullying behavior which she supposed she deserved for not standing up for herself before now. She assumed that people would ignore this kind of chatter. Councilmember Fraley-Monillas continued, tonight, more than any other time since she has been on Council, she saw politics rolling through the City. She saw candidates and candidates' friends at the microphone taking pot shots at her and Councilmember Distelhorst and she was certain there was a political reason for that. She will not take pot shots at other candidates from the dais because she felt it was inappropriate and was inappropriate to do on television. She reiterated she did not say everybody in Edmonds is a racist; she was talking about racist incidents. She stands for Black Lives Matter and she stood and marched for George Floyd and because of that, someone threatened to burn a cross in her yard and she received a nasty voicemail from a blocked phone threatening her safety. She summarized there are things happening in Edmonds that people do not necessarily know about. As long as she continues to be accused of something, she will have to continue talking about it every week so that people understand she did not say everyone in Edmonds is a racist. A MOTION WAS MADE BY COUNCIL PRESIDENT PAINE AND SECONDED TO EXTEND FOR 10 MINUTES TO 10:40 P.M. MOTION CARRIED (5-2), COUNCILMEMBERS FRALEY- MONILLAS AND K. JOHNSON VOTING NO. Council President Paine commented it was nice to see everyone here tonight; it was a packed room with a lot of comments and she appreciated the passion. She was very interested in the discussion about unit lot subdivisions; she worked on them for seven years in the City of Seattle and the CC&Rs are important. With regard to the bias portal and other issues that the community brought up, that needs to be looked at more closely and determine the policy level. She encouraged people to be safe; the variants are clearly in Edmonds City Council Draft Minutes July 27, 2021 Page 23 Packet Pg. 26 6.1.a the community. She will be asking the City Attorney for guidance on requiring masks in Council Chambers. Councilmember Buckshnis thanked everyone who attended tonight's meeting. People have been talking to her for three years and she was glad they attended tonight's meeting and said what they needed to say. She expressed her disappointment about the $1.75M in American Rescue Plan funds for green infrastructure. She reviewed the CIP/CFP and here is nothing about green streets or rain gardens. Those funds could have been used for small businesses, local businesses, citizens and nonprofits like the Waterfront Center, Edmonds Center for the Arts, Driftwood Players, Boys & Girls Club, the food bank, and others or as Mr. Hertrich said, to help the citizens of Edmonds pay utility taxes. She also objected to $750,000 for marsh and stormwater and said citizens will be having a work party on Thursday and Saturday to remove invasive plants and improve water quality. She invited anyone interested in the work party to contact Joe Scordino to sign WSDOT's form. She will attempt to get the $1.75M allocated to human interests and will continue to fight for Edmonds citizens. She thanked the many citizens who call, email and text her, assuring she hears them. Councilmember Olson thanked everyone who attended tonight's meeting in person and online and assured she heard them. She referred to Dr. Backous' comments, noting there is a lot of talk about partisan divide, but when there is a divide between the government and people, that is an even bigger problem. She liked that he wanted to come to the table and work together. Councilmembers' goals are to have good policy for Edmonds, but there needs to be a conversation and the Council needs to hear from all stakeholders and there need to be good processes to reach good policy for the community instead of doing this unilaterally and without input. She invite citizens, residents, Councilmembers and the Mayor to reboot City government and start conversations and positive action together. Councilmember L. Johnson said a release from Snohomish County Health yesterday said COVID cases have increased in recent weeks and there have been dozen of outbreaks and hospitalizations in July. In light of case counts, hospitalizations and highly transmittable Delta variant, the Snohomish County Health Officer joined with other health leaders in reiterating the importance of vaccination and urging masking for everyone entering a public indoor space regardless of vaccination status. Universal masking helps protect those who are unvaccinated and offers an extra layer of protection for those who are vaccinated. She asked the public to join the Council in masking, acknowledging it felt like a step backward but it was necessary. Student Representative Roberts said as a young person, it was inspiring to see citizens coming together pushing for a cause and he gave a shoutout to the residents on Dayton Street. He said racism still exists in Edmonds, some people are flat out racist. His mother, a South Korean immigrant, has repeatedly been called racist slurs when walking around the City. This is no different than many other communities, and as Councilmember Fraley-Monillas said, all communities experience racism. It is up to the residents, including citizens and elected officials, to reject hate, to stand up to bigotry and to call it out when they see it. Everyone needs to work together to find long term solutions for ending racism. For another week COVID cases are up and there are mask mandates again. The unvaccinated people are the ones who catch COVID and die from the virus; vaccines are effective, they work. There are not thousands of physicians and healthcare workers researching this for no reason. This country did not invest billions of dollars to ensure the vaccines are safe for no reason. He urged everyone to get vaccinated if they have not already, there is literally no risk. Vaccinated people save themselves, their family and the community; businesses, and the elderly and young kids depend on everyone getting vaccinated. 11. MAYOR'S COMMENTS Mayor Nelson apologized for the technical issues at the start of the meeting. He was very frustrated with starting the meeting 40 minutes late and will work with IT staff to ensure future meetings start on time. Edmonds City Council Draft Minutes July 27, 2021 Page 24 Packet Pg. 27 6.1.a He announced effective tomorrow due to guidance from the Health District and the CDC as well as increased COVID case counts in the county and with City staff, all employees will be wearing masks indoors regardless of whether they are vaccinated. 12. ADJOURN With no further business, the Council meeting was adjourned at 10:36 p.m. Edmonds City Council Draft Minutes July 27, 2021 Page 25 Packet Pg. 28 6.1.a Public Comment for 7/27/21 Council Meeting: From: votepetso Sent: Tuesday, July 27, 20214:54 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Monillas, Adrienne<Adrienne.Mon illas@edmondswa.gov>; Buckshnis, Diane <Diane.Buckshnis@edmondswa.gov>; Olson, Vivian <Vivian.Olson@edmondswa.gov>; Johnson, Laura <Laura.Johnson@edmondswa.gov>; Johnson, Kristiana <kristiana.johnson@edmondswa.gov>; Paine, Susan <Susan.Paine@edmondswa.gov>; Distelhorst, Luke <Luke.Distelhorst@edmondswa.gov> Subject: Outdoor dining As noted before, please retain the requirement for a CUP to protect neighboring residents and businesses. According to the minutes, the CUP was dropped to avoid the 2-3 month delay during covid. It should be retained in a permanent ordinance. Also, please retain required parking, especially if Westgate is included. We carefully thought out the parking requirements for Westgate, and this change could have an greater negative impact at Westgate than downtown. Also, consider dropping Westgate for safety reasons. Finally, as the interim ordinace has likely expired or sunset per section 3, should we have noticed this as a propsed revision of our prior permanent ordinance, and not made reference to the emergency ordinance? Lora Petso From: edmondskar Sent: Tuesday, July 27, 2021 1:48 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Council <Council@edmondswa.gov> Subject: Letter for City Council Meeting 7/27/21 Dear City Council, Edmonds City Council Draft Minutes July 27, 2021 Page 26 Packet Pg. 29 6.1.a I am addressing you today as a constituent. You, the City Council, are here to represent us, the residents of the city of Edmonds, beautiful, charming, full of character . One definition of a representative is "a person chosen or appointed to act or speak for another or others". The residents of Edmonds have chosen you to represent their interests. That means their interests, not developers' interests, or other outside interests. It is clear that single family homeowners in Edmonds do not desire higher density residential development in their single family neighborhoods. Many residents who do not support higher residential density moved to Edmonds in part because of the one single family house per single residential lot, and the larger lot size available. These lots provide room for trees and privacy, and increasing density will mean removal of, or at the very least, less space available for trees and other vegetation. It will also dramatically increase traffic within our neighborhoods. As many areas in Edmonds still lack sidewalks, this increases the potential for pedestrian accidents. I walk within a 2 mile radius of my home for exercise. In some areas the only place that I can walk is on the roadway itself, and must cross the road to avoid traffic. With increased traffic as a result of higher density this will become an even more dangerous situation. As you are considering my comments, some of you may think of that overused derogatory term that has unfortunately become a negative part of the American lexicon - NIMBY - not in my backyard - portrayed as people with only their own self interests at heart. But as we still do espouse private property rights in this country, the MY in NIMBY should hold more weight. It is in fact my backyard. Only it is not only just my backyard, it is my neighbor's backyard, and their neighbor's backyard and their neighbor's backyard we are talking about - we are talking about Neighborhoods, we are talking about the Character of a City that is going to be detrimentally altered forever if zoning is changed to allow multi family housing within single family residential housing areas. Please listen to the voices of those you represent and preserve not only the single family neighborhoods but the beauty, charm and character that is Our Edmonds. Thank you. Kathy Ryan, Resident From: Kathy Brewer Sent: Tuesday, July 27, 2021 10:50 AM To: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson@edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov>; Chave, Rob <Rob.Chave@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Observe Mukilteo City Council and Mayor! Ask what the citizens want and act accordingly! No to increased density! To All, Edmonds City Council Draft Minutes July 27, 2021 Page 27 Packet Pg. 30 6.1.a Are you aware of what is happening in Mukilteo regarding their housing plan? The wise city council members and mayor are listening and responding to what the citizens want; and the citizens have made it clear (just like in Edmonds) -- they don't want increased density! On the front page of The Daily Herald, Saturday, July 24, 2021 edition, in the article titled Mukilteo high density (see attached), Mukilteo Mayor Gregerson said, "High -density housing isn't in our plan ... I don't think it makes sense for our community." Council member Richard Emery said, "The question about whether we might pursue more high -density has been answered. The answer is no." Council member Joe Marine wants it on the ballot so the citizens can make it clear to the current and future city councils. He said, "...if we can get a clear message from the community that they don't want that, it makes it easier when we're looking at it as a council to say'Nope, I'm not going there." The citizens have made it clear and the council members are validating what they want. Edmonds citizens have made it clear too! The majority of citizens responding to the housing surveys (78%) said they don't want up -zoning, elimination of single-family zoning and more density. Listen to your citizens and act accordingly. Put it on the ballot if you need further validation. Let the citizens decide. Then take these unwanted, destructive housing recommendations off the table. Just say, "Nope, I'm not going there!" Sincerely, Kathy Brewer From: Kclarke5 Sent: Tuesday, July 27, 2021 10:07 AM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Outdoor Dining Dear City Council, I strongly opposed restaurants and bars using public parking spaces for outdoor dining permanently. By allowing this will only take away valuable parking downtown from the retail businesses who, like the restaurants, are also struggling to get back on their feet. How are the retail businesses suppose to survive if you continue to take away the parking and make it permanent. There are many of us who still like to "shop local" and patronize the retail businesses. But cannot because of the limited parking and these unsightly structures in their place. Edmonds City Council Draft Minutes July 27, 2021 Page 28 Packet Pg. 31 6.1.a Recently, the Seattle Times wrote a glowing article about our downtown. Interesting enough, they use an "old" photo of the downtown before the outdoor dining. Not what it looks like today. These wooden structures and tents for outdoor dining have away the appeal and charm of our city. Visitors who have come to visit have commented on how you can no longer see the beauty and uniqueness, it has to offer. I recently had lunch with a friend in downtown Edmonds on a Friday morning. It was appalling to see the lack of parking even during the week. You either had to navigate around the wooden structures or the parking spot was marked as "curbside pickup only." One restaurant has now hung tablecloths on the end of their structure to block the sun in the west. A walkup wine bar has taken over parking spaces, who, never had indoor dining in the first place. Another bar keeps adding more space to their outdoor dining. A tea house, even though they already have indoor and outdoor dining have taken over the parking space in front of their establishment, as well. This will only escalate if these structures are allow to remain indefinitely. As one local citizen put it, it does look like a "shanty town". No longer can you see down to the waterfront and flowers that adorn the storefronts and line the streets. And watch your step, or you may trip over a 44 as the sidewalks have limited space to walk. Our family has lived here for more than 65 years. We have always loved being able share our city with visitors. Edmonds does have it's own unique charm and is a beautiful place to visit and live. Allowing these unsightly structures to remain permanent takes away from the beauty it has to offer. I would hate to see the various retail businesses close up shop because the mayor and city council cannot see the harm this would do to our city by allowing the structures to stay. I encourage the City Council and Mayor to vote no. Respectfully submitted by, Cheryl Clarke Edmonds resident From: Kat Sent: Monday, July 26, 2021 7:07 PM To: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson@edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov>; Chave, Rob <Rob.Chave@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Letter to the editor: Mukilteo placing issue of residential density before voters — why not Edmonds? https://myedmondsnews.com/202l/O7/letter-to-the-editor-mukilteo-placing-issue-of- residential-density-before-voters-why-not-edmonds/ Edmonds City Council Draft Minutes July 27, 2021 Page 29 Packet Pg. 32 6.1.a From: Kathy Brewer Sent: Monday, July 26, 2021 2:11 PM To: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov>; Chave, Rob <Rob.Chave@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Protect Edmonds! No up -zoning! To All, I came across these interesting and relevant comments by Laura Johnson and Susan Paine in My Edmonds News Letter to the editor: Waterfront is our future -- vote Petso, Paine and Harris, dated October 25, 2017. Both Laura and Susan express deep and rightful concern regarding the potential overdevelopment and destruction of the charm and peace of the Edmonds waterfront. I hope they and all of you will have the same concern for our city as you vote on the Housing Recommendations and up -zoning threat we are now facing. Regarding the comment, "Change can be great," Laura thoughtfully states, "... and it can have devastating, irreversible consequences." Boy, isn't that right! Eliminating single family zoning and allowing for more multiple family structures will have devastating, irreversible consequences! Larger structures, less trees and green space, zero lot lines, more concrete, traffic, pollution, and noise ... and fat chance they're going to be affordable! Once some of these zoning changes are allowed, developers will jump in and the floodgates will open to more and more development. You can't close Pandora's Box once opened, i.e. Seattle! Precedence is set and developers exploit to their own advantage -- money and profit! Not to the good of the community! Susan Paine correctly states, "It would be important to hear from all stakeholders for large redevelopment proposals before those become permanent." Amen, sister! Instead of pushing these recommendations through without full citizen awareness and involvement is wrong! These decisions should not be decided on primarily by Staff, Council and Mayor. You represent us and need to listen to what we want and act accordingly because we will be forced to live with the devastating, irreversible consequences that you vote for. Right, Laura? Sincerely, Kathy Brewer Edmonds City Council Draft Minutes July 27, 2021 Page 30 Packet Pg. 33 6.1.a 10:40 0 gill 55%. Letter to the editor: Waterfront is our future — vote Petso, Paine and Harris Posted: October 25, 2017 <R> 2723 Editor: The Edmonds waterfront brings thoughts of ducks, seagulls and herons, of the ferry, our beach parks, pathways and boardwalk, of the newly re -developed (code compliant) Salish Crossing, and of course, of our priceless Edmonds Marsh. These thoughts should bring the calm and peace that a waterfront evokes. Unfortunately, my thoughts of the Edmonds waterfront are fraught with anxiety. The incumbent port commissioners have a plan for Harbor Square; an urban village with over 300 condominiums, in buildings that would loom 55 feet over the waterfront. The port's adopted plan would privatize not only the views of the waterfront and of the Edmonds Marsh, it would privatize our public property. At the ACE candidate forum, incumbent Johnston called the plan a "placeholder." Gouge said it won't be built as long as he is a commissioner. Faires said, "There is no other plan that makes economic sense. This is the only one that's feasible" Edmonds City Council Draft Minutes July 27, 2021 Page 31 Packet Pg. 34 6.1.a Joy Trevino October 26, 2017 at 9:09 am Change can be great.,, Laura Johnson October 26, 2017 at 10:56 am .,..and it can have devastating, irreversible consequences. My vote will be in the interest of a thoughtful balancing of economy and environment. My vote will be for Susan Paine, Lora Petso, and Angela Harris. Edmonds City Council Draft Minutes July 27, 2021 Page 32 Packet Pg. 35 6.1.a 12:58I X i Letter to the editor: Wa... Q myedmondsnews.com Larry Kiriluk October 26, 2017 at 8:25 am Why do the residents of zip code 98026 not get a voice in electing Port of Edmonds commissioners? Repo Susan Paine October 26, 2017 at 8:31 pm Larry, It's how the boundaries were drawn ages ago. The broader Edmonds community includes the 98026 residents, and other users/stakeholders - business and community groups. It would be important to hear from all stakeholders for large redevelopment proposals before those become permanent. Susan Paine Repo i Edmonds City Council Draft Minutes July 27, 2021 Page 33 Packet Pg. 36 a 6.1.a From: Gary Sjoblom Sent: Saturday, July 24, 2021 1:37 PM To: Council <Council@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Elimination of SF across the entire town of Edmonds? Hello All I am writing to the city council of Edmonds, WA to let the council know that I am unequivocally against removing ALL of the Single-family zoning! We realize life includes changes, but we are not at all in favor of taking away the natural charm and character of the Edmonds bowl. Developing and installing multifamily units in our residential neighborhood will destroy our neighborhoods. The look and feel of what we are will be gone. I have been a realtor for over 30 years and property values were negatively impacted. It seems more appropriate to upzone areas like 98026 if there is going to be changes. Gary Sjoblom Edmonds, Wa 98020 From: willie russell Sent: Wednesday, July 21, 2021 9:44 AM To: Subject: Retail sales of fireworks banned! In Unincorporated southwest Sno Co we were banned from fireworks displaying this year in accordance with 19-037 Passed by county council om 12-4-19. Its a 295 page document that you can read online. On 4th and 128th Fireworks were being sold in a parking lot. We questioned why they would be sold in a no fireworks area. South County provided documents under public disclosure that included a Retail sale of Fireworks BAN in this area. In questioning a few public employees we learned that an amendment was made which I am including. Edmonds City Council Draft Minutes July 27, 2021 Page 34 Packet Pg. 37 6.1.a It seems this Retail Ban was in error and I was told that when South County Fire brought it to the counties attention they sent the matter to their Litigation team, County prosecutors. My information was that they were able to just delete a few words from the original voted on amended version that removed the retail ban part of the approved amendment, thus no reason to return it to council for a vote! As I contacted the county council with this information and questions on how a voted on amendment can be altered with no revote on the issue I was met with hostility from the council. Last night I received an 810pm voice message from Josh Thompson of Stephanie Wrights office stating that there never was nor is there any amendment on 19-037! 1 have included it for your review. With no honest response from the council on this matter we are looking into the potential illegal Ban on Fireworks that is included in this tampered with amendment. We hope truth prevails but in Snohomish County TRUTH has become the lies that are allowed to go unchallenged! Our county elected makes careers and very good benefits from serving us. Lets begin electing those that serve all of us not just those who support the lies they need told! Willie Russell 211d PCO Cascade Precinct Edmonds City Council Draft Minutes July 27, 2021 Page 35 Packet Pg. 38 6.1.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 PASSED this 4th day of December, 2019. ATTEST: Asst. Clerk of the Council ( ) APPROVED ( ) EMERGENCY ( ) VETOED ATTEST: Approved as to form only: Deputy Prosecuting Attorney AMENDED ORDINANCE 19-037 RELATING TO FIREWORKS AMENDING CHAPTER 30.53A SCC Page 2 of 2 SNOHOMISH COUNTY COUNCIL Snohomish County, Washington Council Chair DATE: County Executive D-5 Edmonds City Council Draft Minutes July 27, 2021 Page 36 Packet Pg. 39 6.1.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Adopted: 12/04/19 Effective: SNOHOMISH COUNTY COUNCIL Snohomish County, Washington f_1J/1�11�]��Z��C7�]l►f_11[y�iF�a�k�� RELATING TO FIREWORKS; AMENDING CHAPTER 30.53A SCC BE IT ORDAINED: Section 1. Snohomish County Code Section 30.53A.722, last amended by Amended Ordinance 16-050 on August 28, 2016, is amended to read: 30.53A.722 Retail sale or discharge of consumer fireworks unlawful — exceptions. (1) Except as otherwise provided by law, no common fireworks shall be sold at retail from 12:00 noon on June 28th to 12:00 noon on July 5th each year, provided, however, that no consumer fireworks may be sold at retail between the hours of 11:00 p.m. and 9:00 a.m. (2) Except as otherwise provided by law, no consumer fireworks shall be discharged except: (a) From 9:00 a.m. to 11:59 p.m. on the 4th day of July each year. (b) In areas not designated as a "no fireworks" area created under SCC 30.53A.728 and listed in SCC 30.53A.726. (c) Fireworks under the classification of novelty or sparklers. Section 2. A new section is added to Chapter 30.53A of the Snohomish County Code to read: 30.53A.726 No firework areas established. The following described areas are hereby established as no fireworks areas: (1) The unincorporated area within the boundary of the Southwest County Urban Growth Area, effective (one year from the date of this ordinance). AMENDED ORDINANCE 19-037 RELATING TO FIREWORKS AMENDING CHAPTER 30.53A SCC Page 1 of 2 Edmonds City Council Draft Minutes July 27, 2021 Page 37 Packet Pg. 40 6.2 City Council Agenda Item Meeting Date: 08/3/2021 Approval of claim checks and wire payments. Staff Lead: Dave Turley Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #248300 through #248392 dated July 29, 2021 for $1,461,871.14 (re -issued check #248384 $2,500.00) and wire payments of $34,591.76 & 2,558.05. Staff Recommendation Approval of claim checks and wire payments. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Attachments: claims 07-29-21 wire 07-23-21 wire 07-28-21 FrequentlyUsedProjNumbers 07-29-21 Packet Pg. 41 6.2.a vchlist 07/28/2021 3:25:58PM Bank code : usbank Voucher Date Vendor 248300 7/29/2021 070322 A&A LANGUAGE SERVICES INC 248301 7/29/2021 064088 ADT COMMERCIAL Voucher List City of Edmonds Page Invoice PO # Description/Account Amoun vi 15-90127 TAGALOG - 9Z0172807 y TAGALOG 9Z0172807 E 001.000.23.512.50.41.01 170.0( a 15-90133 MARSHALLESE 1 A0531297 a� MARSHALLESE1OA531297 L 3 001.000.23.512.50.41.01 170.0( 15-90258 MARSHALLESE 1AO531297 �a MARSHALLESE lAO531297 Y 001.000.23.512.50.41.01 170.0( y 15-90274 KOREAN 1 A0573280 KOREAN 1 A0573280 E 001.000.23.512.50.41.01 170.0( 15-90320 TAGALOG 9Z0172807 TAGALOG 9Z0172807 0 001.000.23.512.50.41.01 212.5( Total: 892.5( o a 140875428 ALARM MONITORING - PARKS MAII Q' Q ALARM MONITORING FOR PARKS I 001.000.66.518.30.42.00 24.9E T c� ALARM MONITORING FOR PARKS I N 001.000.64.576.80.42.00 24.9E ti 10.4% Sales Tax N 001.000.66.518.30.42.00 2.6( E 10.4% Sales Tax @ 001.000.64.576.80.42.00 2.6( U }; 140875429 ALARM MONITORING - FS #16 ALARM MONITORING FOR FIRE ST E 001.000.66.518.30.42.00 30.9E 10.4% Sales Tax 001.000.66.518.30.42.00 3.2, Q 140875430 ALARM MONITORING - FS #17 ALARM MONITORING FOR FIRE ST 001.000.66.518.30.42.00 70.9E 10.4% Sales Tax Page: 1 Packet Pg. 42 vchlist 07/28/2021 3:25:58PM Voucher List City of Edmonds 6.2.a Page: 2 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248301 7/29/2021 064088 ADT COMMERCIAL (Continued) 001.000.66.518.30.42.00 7.3E 140875431 ALARM MONITORING - CITY HALL E ALARM MONITORING FOR City Hall a 001.000.66.518.30.42.00 116.9( 10.4% Sales Tax 001.000.66.518.30.42.00 12.1( 140875432 ALARM MONITORING - WASTEWAT ALARM MONITORING FOR WWTP - 001.000.66.518.30.42.00 45.9E u 10.4% Sales Tax t 001.000.66.518.30.42.00 4.7£ U 140875433 ALARM MONITORING - PUBLIC SAF ALARM MONITORING FOR Public & 001.000.66.518.30.42.00 112.5( o 140875434 ALARM MONITORING - - PUBLIC Sf �a Fire Inspection - Fire Station #17, 27E o 001.000.66.518.30.41.00 55.4 � a Fire Inspection, Museum Q .r 001.000.66.518.30.41.00 35.0, T Fire Inspection - Public Safety 250 N 001.000.66.518.30.41.00 153.3z N Total: 703.7f c 248302 7/29/2021 074306 AMWINS GROUP BENEFITS INC 6927544 AUGUST PREMIUMS N E FIRE LEOFF 1 617.000.51.589.40.23.00 _E 1,243.2' POLICE LEOFF 1 009.000.39.517.20.23.00 a� 7,871.6E E Total: 9,114.8E �a 248303 7/29/2021 069751 ARAMARK UNIFORM SERVICES 6560000079404 WWTP: 7/21/20 UNIFORMS,TOWEI Q Mats/Towels $47.88 + $4.99 tax = $5 423.000.76.535.80.41.00 52.8, 3 lab coats @ $17.each = $0.51 + $0 423.000.76.535.80.24.00 0.5E Page: 2 Packet Pg. 43 vchlist 07/28/2021 3:25:58PM Bank code : usbank Voucher Date Vendor 248303 7/29/2021 069751 ARAMARK UNIFORM SERVICES Voucher List City of Edmonds 6.2.a Page: 3 Invoice PO # Description/Account Amoun (Continued) vi 656000079409 PARKS MAINT UNIFORM SERVICE PARKS MAINT UNIFORM SERVICE E, 001.000.64.576.80.24.00 65.2- a 10.4% Sales Tax 001.000.64.576.80.24.00 6.7E .3 656000082138 PUBLIC WORKS OMC LOBBY MATS PUBLIC WORKS OMC LOBBY MATS 001.000.65.518.20.41.00 1.6' N PUBLIC WORKS OMC LOBBY MATS 111.000.68.542.90.41.00 6.1' PUBLIC WORKS OMC LOBBY MATS E 421.000.74.534.80.41.00 6.1' PUBLIC WORKS OMC LOBBY MATS 422.000.72.531.90.41.00 6.1 0 PUBLIC WORKS OMC LOBBY MATS �a 423.000.75.535.80.41.00 6.1' o PUBLIC WORKS OMC LOBBY MATS a 511.000.77.548.68.41.00 6.0E Q 10.4% Sales Tax r 001.000.65.518.20.41.00 0.1; N 10.4% Sales Tax N 111.000.68.542.90.41.00 0.6, c 10.4% Sales Tax N 421.000.74.534.80.41.00 0.6, 10.4% Sales Tax ea U 422.000.72.531.90.41.00 0.61 10.4% Sales Tax 423.000.75.535.80.41.00 0.6z E 10.4% Sales Tax 511.000.77.548.68.41.00 0.6" Q 656000082141 FLEET DIVISION UNIFORMS & MAT FLEET DIVISION MATS 511.000.77.548.68.41.00 19.1( FLEET DIVISION UNIFORMS Page: 3 Packet Pg. 44 vchlist 07/28/2021 3:25:58PM Voucher List City of Edmonds 6.2.a Page: 4 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 248303 7/29/2021 069751 ARAMARK UNIFORM SERVICES (Continued) 511.000.77.548.68.24.00 10.9 1 10.4% Sales Tax 511.000.77.548.68.24.00 1.1 10.4% Sales Tax 511.000.77.548.68.41.00 1.9E Tota I : 194.0f 248304 7/29/2021 064452 ARMSTRONG SERVICES 9900 WWTP: CARPET CLEANING LOBBN CARPET CLEANING LOBBY/SPOT C 423.000.76.535.80.41.00 1500 Tota I : 1500 248305 7/29/2021 078465 BARBARA HALL 3-60250 #0211363-OC-SMA UTILITY REFUNI #0211363-OC-SMA Utility refund due 411.000.233.000 147.1 E Total : 147.1( 248306 7/29/2021 002100 BARNARD, EARL 42 REIMBURSMENT REIMBURSEMENT 617.000.51.589.40.23.00 85.3� Total : 85.35 248307 7/29/2021 002840 BRIM TRACTOR CO INC SL08618 UNIT 19 - SERVICE CALL AND REP/ UNIT 19 - SERVICE CALLAND REPS 511.000.77.548.68.48.00 1,590.4E 10.4% Sales Tax 511.000.77.548.68.48.00 165.4- Tota I : 1,755.85 248308 7/29/2021 064587 BRUNDAGE-BONE CONCRETE PUMPIN( CN004756 WWTP: CREDIT FOR INV. I1\110817� CREDIT FOR INV. IN108173 AS NO 423.000.76.535.80.48.00 -4,092.2. CN004761 WWTP: CREDIT FOR INV. IN10812C CREDIT FOR INV. IN108120 AS WR1 423.000.76.535.80.48.00 -289.9, Page: 4 Packet Pg. 45 vchlist 07/28/2021 3:25:58PM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 248308 7/29/2021 064587 BRUNDAGE-BONE CONCRETE PUMPIN( (Continued) 10.3% Sales Tax 423.000.76.535.80.48.00 CN004762 WWTP: CREDIT AGAINST INV 1081 CREDIT AGAINST INV 108173 AS W 423.000.76.535.80.48.00 10.3% Sales Tax 423.000.76.535.80.48.00 IN108048 WWTP: CREDIT CN004756 FOR TH CREDIT CN004756 FOR THIS INVOI 423.000.76.535.80.48.00 IN108120 WWTP: FRT CHG W/WRONG TAX F FRT CHG W/WRONG TAX RATE; CF 423.000.76.535.80.48.00 10.3% Sales Tax 423.000.76.535.80.48.00 IN108173 WWTP: CREDIT CN004762 ISSUED CREDIT CN004762 ISSUED AS WR( 423.000.76.535.80.48.00 10.3% Sales Tax 423.000.76.535.80.48.00 IN108174 WWTP: PO 591 VALVE, CLAMPS, Ti PO 591 VALVE, CLAMPS, TUBE, GA 423.000.76.535.80.48.00 Freight 423.000.76.535.80.48.00 10.4% Sales Tax 423.000.76.535.80.48.00 Total 248309 7/29/2021 073029 CANON FINANCIAL SERVICES 27026766 FLEET COPIER Fleet Copier 511.000.77.548.68.45.00 10.4% Sales Tax 511.000.77.548.68.45.00 27026768 COUNCIL CANON MONTHLY CONTI 6.2.a Page: 5 Amoun m -29.8, E �a a a� 4,092.2E .3 -421.5( Y a� 4,092.2E E 289.9 0 29.8 0 L a a 4,092.2E a T 421.5( N rn N ti 0 4,092.2E N E 288.9; u 455.6E a0) 4,836.8, E �a a 32.31 3.3E Page: 5 Packet Pg. 46 vchlist 07/28/2021 3:25:58PM Bank code : usbank Voucher Date Vendor 248309 7/29/2021 073029 CANON FINANCIAL SERVICES Voucher List City of Edmonds 6.2.a Page: 6 Invoice PO # Description/Account Amoun (Continued) vi Council Canon Monthly contract 001.000.11.511.60.45.00 26.4, E 10.4% Sales Tax a 001.000.11.511.60.45.00 2.7E 27026770 WATER SEWER COPIER 3 Water Sewer Copier 421.000.74.534.80.45.00 54.7, Water Sewer Copier Y 423.000.75.535.80.45.00 54.7< 10.4% Sales Tax 421.000.74.534.80.45.00 5.7( E 10.4% Sales Tax 423.000.75.535.80.45.00 _M 5.6f 27026771 PW ADMIN COPIER o PW Office Copier for 001.000.65.518.20.45.00 66.1 E o PW Office Copier for a 111.000.68.542.90.45.00 a 37.4� Q PW Office Copier for r 422.000.72.531.90.45.00 37.4� N PW Office Copier for N 421.000.74.534.80.45.00 26.4E c PW Office Copier for u, 511.000.77.548.68.45.00 26.4E .� 10.4% Sales Tax 001.000.65.518.20.45.00 6.8E PW Office Copier for 423.000.75.535.80.45.00 26.4E E 10.4% Sales Tax U 111.000.68.542.90.45.00 3.9( Q 10.4% Sales Tax 422.000.72.531.90.45.00 3.9( 10.4% Sales Tax 421.000.74.534.80.45.00 2.7E Page: 6 Packet Pg. 47 vchlist 07/28/2021 3:25:58PM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 248309 7/29/2021 073029 CANON FINANCIAL SERVICES (Continued) 10.4% Sales Tax 423.000.75.535.80.45.00 10.4% Sales Tax 511.000.77.548.68.45.00 27026777 CANON JULY 2021 CANON JULY 2021 001.000.23.512.50.45.00 10.4% Sales Tax 001.000.23.512.50.45.00 Total 248310 7/29/2021 077353 CAPITOL CONSULTING LLC 007 STATE LOBBYIST JULY 2021 STATE LOBBYIST JULY 2021 001.000.61.511.70.41.00 Total 248311 7/29/2021 071816 CARLSON, JESSICA 9729 ART CAMP 9729 ART CAMP: SUMMER FUN 9729 ART CAMP: SUMMER FUN 001.000.64.571.22.41.00 Total 248312 7/29/2021 003510 CENTRAL WELDING SUPPLY RN06210988 YOST POOL CYLINDER RENTAL YOST POOL CYLINDER RENTAL 001.000.64.576.80.45.00 10.4% Sales Tax 001.000.64.576.80.45.00 Total 248313 7/29/2021 073249 CG ENGINEERING, PLLC 44929 TO #21-02 E7DC SIGNAL POLE - NC TO #21-02 E7DC SIGNAL POLE- NO 126.000.68.595.61.41.00 Total 248314 7/29/2021 068358 COLUMBIA CASCADE COMPANY 53022-43 PM: TRASH CANS FOR WATERFRC PM: TRASH CANS FOR WATERFRC 6.2.a Page: 7 Page: 7 Packet Pg. 48 vchlist 07/28/2021 3:25:58PM Voucher List City of Edmonds 6.2.a Page: 8 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 248314 7/29/2021 068358 COLUMBIA CASCADE COMPANY (Continued) 125.000.64.576.80.31.00 6,250.0( 10.4% Sales Tax 125.000.64.576.80.31.00 650.0( Total: 6,900.0( 248315 7/29/2021 077437 DASH MEDICAL GLOVES INC INV1240109 INV 1240109 - EDMONDS PD 1 CS BLACK NITRILE GLOVES MED 001.000.41.521.22.31.00 209.9( 1 CS BLACK NITRILE GLOVES XL 001.000.41.521.22.31.00 209.9( 10.4% Sales Tax 001.000.41.521.22.31.00 43.6E Tota I : 463.4E 248316 7/29/2021 064531 DINES, JEANNIE 21-4103 CITY COUNCIL MINUTES 7/20 city council meeting minutes 7/20 001.000.25.514.30.41.00 410.4( Total : 410.4( 248317 7/29/2021 075153 DOPPS, MARIA 63186 SPANISH 1A0552294 SPANISH lA0552294 001.000.23.512.50.41.01 100.0( 63289 SPANISH lA0248282 SPANISH lA0248282 001.000.23.512.50.41.01 100.0( Tota I : 200.0( 248318 7/29/2021 078446 EAGLES SONG HEATH & WELLNESS 072721 Refund REFUND UPTOWN EVENING MARV Refund of Uptown Evening Market 001.000.347.94.000.00 100.0( Total : 100.0( 248319 7/29/2021 076610 EDMONDS HERO HARDWARE 2451 PM: NUTS, BOLTS, COVER BOX PM: NUTS, BOLTS, COVER BOX 001.000.64.576.80.31.00 18.9E Page: 8 Packet Pg. 49 vchlist 07/28/2021 3:25:58PM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 248319 7/29/2021 076610 EDMONDS HERO HARDWARE (Continued) 10.4% Sales Tax 001.000.64.576.80.31.00 2455 PM: TAPE, BATTERIES PM: TAPE, BATTERIES 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 248320 7/29/2021 008550 EDMONDS SCHOOL DISTRICT #15 10690 248321 7/29/2021 008688 EDMONDS VETERINARY HOSPITAL 266785 248322 7/29/2021 008705 EDMONDS WATER DIVISION 3-01808 3-03575 3-07525 Total ; ANTI -HATE TOWNHALL EWHS SPA, ANTI -HATE TOWNHALL EWHS SPA, 001.000.61.557.20.49.00 Total INV 266785 - EDMONDS PD - HOBB PREVENTIVE CARE EXAM - DISCOi 001.000.41.521.26.41.00 BORDETELLA VACCINE 1YR 001.000.41.521.26.41.00 LEPTOSPIROSIS 1 YR 001.000.41.521.26.41.00 HEARTWORM TEST 001.000.41.521.26.41.00 FECAL EXAM 001.000.41.521.26.41.00 Total LIFT STATION #11 6807 157TH PL S' LIFT STATION #11 6807 157TH PL S' 423.000.75.535.80.47.10 CLUBHOUSE 6801 N MEADOWDAL CLUBHOUSE 6801 N MEADOWDAL 001.000.66.518.30.47.00 LIFT STATION #12 16100 75TH AVE LIFT STATION #12 16100 75TH AVE 6.2.a Page: 9 Amoun m 1.9 E �a a a� 12.5-, .3 1.3" 34.8( Y U 0 t 201.0( •� 201.0( U 4- 0 �a 0 53.6( a a Q 21.0( N 20.0( rn N ti 50.0( y E 47.0( 191.6( c a� E t 58.6( .r a 466.3z Page: 9 Packet Pg. 50 vchlist 07/28/2021 3:25:58PM Voucher List City of Edmonds 6.2.a Page: 10 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 248322 7/29/2021 008705 EDMONDS WATER DIVISION (Continued) 423.000.75.535.80.47.10 53.9, 3-07709 LIFT STATION #15 7701 168TH ST S E LIFT STATION #15 7701 168TH ST S ca 423.000.75.535.80.47.10 a 53.91 3-09350 LIFT STATION #4 8313 TALBOT RD i 3 LIFT STATION #4 8313 TALBOT RD i 423.000.75.535.80.47.10 109.8, 3-09800 LIFT STATION #10 17612 TALBOT R LIFT STATION #10 17612 TALBOT R 423.000.75.535.80.47.10 53.9z t 3-29875 LIFT STATION #9 8001 SIERRA DR / LIFT STATION #9 8001 SIERRA DR / E 423.000.75.535.80.47.10 58.6( Z 6-01127 WWTP:5/16-7/15/21 METER 2088: ,' p 5/16-7/15/21 METER 2088: 200 2ND 423.000.76.535.80.47.64 282.1 � o 6-01130 WWTP: 5/16-7/15/21 METER 9439: a 5/16-7/15/21 METER 9439: 200 2ND Q' Q 423.000.76.535.80.47.64 23.7.' .r 6-01140 WWTP: 5/16-7/15/21 METER 50104E 04 5/16-7/15/21 METER 5010484: 200 2 rn N 423.000.76.535.80.47.64 2,361.4, c Total: 3,522.5' N E 248323 7/29/2021 075200 EDUARDO ZALDIBAR 8251/2021 E20CE TRANSLATION SERVICES E20CE TRANSLATION SERVICES 112.000.68.595.33.41.00 45.0( c Total: 45.0( E t 248324 7/29/2021 008812 ELECTRONIC BUSINESS MACHINES AR196918 CANON/DX C57501 BW meter usage 6/16 - 7/15/21 Q 001.000.22.518.10.45.00 3.7� dr meter usage 6/16 - 7/15/21 001.000.22.518.10.45.00 17.8' dr meter usage 6/16 - 7/15/21 Page: 10 Packet Pg. 51 vchlist 07/28/2021 3:25:58PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 248324 7/29/2021 008812 ELECTRONIC BUSINESS MACHINES (Continued) 248325 7/29/2021 047407 EMPLOYMENT SECURITY DEPT 248326 7/29/2021 078453 ERVIN TURSIC-ZIGIC 248327 7/29/2021 065789 ESTES, KEN AR196919 AR196930 PO # Description/Account 001.000.61.557.20.45.00 clr meter usage 6/16 - 7/15/21 001.000.21.513.10.45.00 10.4% Sales Tax 001.000.22.518.10.45.00 10.4% Sales Tax 001.000.61.557.20.45.00 10.4% Sales Tax 001.000.21.513.10.45.00 WWTP: 6/16-7/16/21 CONTRACT O\ 6/16-7/16/21 Contract overage charg 423.000.76.535.80.45.00 10.4% Sales Tax 423.000.76.535.80.45.00 CUST# MK5533 C57501 3AP07496 C Meter charges 06/16/21 - 07/15/21 001.000.31.514.23.48.00 10.4% Sales Tax 001.000.31.514.23.48.00 Total 312000093 ES REF # 94513310 7 02-21 Unemployment Claims 001.000.39.517.78.23.00 Total 1-37800 #21-211620 UTILITY REFUND #21-211620 Utility refund due to 411.000.233.000 Total 41 REIMBURSEMENT REIMBURSEMENT 009.000.39.517.20.23.00 6.2.a Page: 11 Page: 11 Packet Pg. 52 vchlist 07/28/2021 3:25:58PM Bank code : usbank Voucher Date Vendor 248327 7/29/2021 065789 065789 ESTES, KEN 248328 7/29/2021 009350 EVERETT DAILY HERALD Voucher List City of Edmonds Invoice (Continued) EDH932891 EDH933585 248329 7/29/2021 071572 EVIDENT CRIME SCENE PRODUCTS 181822A 248330 7/29/2021 066378 FASTENAL COMPANY 248331 7/29/2021 012199 GRAINGER PO # Description/Account ORDINANCE 4228 ordinance 4228 001.000.25.514.30.41.40 ORDINANCE 4229-4230 ordinance 4229-4230 001.000.25.514.30.41.40 Total Total ; INV 181822A - CUST 21159 - EDMOI RIDGE BUILDER LOTION 001.000.41.521.80.31.00 Freight 001.000.41.521.80.31.00 Total WAEVE182571 PM: SUPPLIES PM: SUPPLIES 001.000.64.576.80.31.00 10.5% Sales Tax 001.000.64.576.80.31.00 Total 9953798387 PM SUPPLIES: TIRE CHAIN REPAIF PM SUPPLIES: TIRE CHAIN REPAIF 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 9953798395 PM SUPPLIES: ANCHOR SHACKLE PM SUPPLIES: ANCHOR SHACKLE 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 9968181363 WWTP: PO 625 RESCUE SELF-RET PO 625 RESCUE SELF-RETRACTII` 6.2.a Page: 12 Amoun 791.91 C m E �a 22.4( 3 26.6( c 49.0( N U a� t 11.0( E U 12.0( -p- 23.0( o �a 0 a a 106.8( Q T 11.2' 0) 118.01 N ti 0 N E 61.8E U 6.4z E t �a 30.5z Q 'M" Page: 12 Packet Pg. 53 vchlist 07/28/2021 3:25:58PM Bank code : usbank Voucher Date Vendor 248331 7/29/2021 012199 GRAINGER 248332 7/29/2021 078449 GRANITE CONSTRUCTION CO 248333 7/29/2021 012560 HACH COMPANY 248334 7/29/2021 074804 HARLES, JANINE 248335 7/29/2021 010900 HD FOWLER CO INC Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 423.000.76.535.80.48.00 10.4% Sales Tax 423.000.76.535.80.48.00 Tota I : E21 CA PMT1 E21 CA PMTI THRU 7/9/21 E21CAPMTI THRU7/9/21 112.000.68.542.30.48.00 E21CAPMTI THRU7/9/21 125.000.68.542.30.48.00 E21CAPMTI THRU7/9/21 126.000.68.542.30.48.00 E21 CA RETAINAGE #1 112.000.223.400 Tota I : 12551857 WWTP: PO 592 NITRITE TNT PO 592 NITRITE TNT 423.000.76.535.80.31.00 Freight 423.000.76.535.80.31.00 10.4% Sales Tax 423.000.76.535.80.31.00 Tota I : 284601 PHOTOGRAPHY & INSTAGRAM SEI PHOTOGRAPHY & INSTAGRAM SEI 001.000.61.558.70.41.00 Tota I : 15842275 SEWER - SERVICE CALL SEWER - SERVICE CALL 423.000.75.535.80.41.00 10.4% Sales Tax 423.000.75.535.80.41.00 6.2.a Page: 13 Page: 13 Packet Pg. 54 vchlist 07/28/2021 3:25:58PM Bank code : usbank Voucher Date Vendor 248335 7/29/2021 010900 010900 HD FOWLER CO INC 248336 7/29/2021 074966 HIATT CONSULTING LLC 248337 7/29/2021 067862 HOME DEPOT CREDIT SERVICES Voucher List City of Edmonds 6.2.a Page: 14 Invoice PO # Description/Account Amoun (Continued) Total : 673.4' 2019-264 TOURISM PROMOTION & MARKETI E E TOURISM PROMOTION & MARKETI �a 120.000.31.575.42.41.00 1,866.0( c Total : 1,866.0( .3 2026758 PM SUPPLIES: GLOVES, CABLE TIE c PM SUPPLIES: GLOVES, CABLE TIE fd 001.000.64.576.80.31.00 N 143.1 E 10.3% Sales Tax a� 001.000.64.576.80.31.00 t 14.7E 3053524 PM SUPPLIES: CAULK, SEALANT E PM SUPPLIES: CAULK, SEALANT f6 001.000.64.576.80.31.00 139.4E o 10.3% Sales Tax 001.000.64.576.80.31.00 �a 14.3E o 3053551 PM SUPPLIES: DRILL BIT, ANCHOR a PM SUPPLIES: DRILL BIT, ANCHOR c- Q 001.000.64.576.80.31.00 94.8( 10.3% Sales Tax N 001.000.64.576.80.31.00 9.7E c� 3524448 PM SUPPLIES: PRIMER, CEMENT N ti PM SUPPLIES: PRIMER, CEMENT c 001.000.64.576.80.31.00 33.2 1 E 10.3% Sales Tax 001.000.64.576.80.31.00 _M 3.4' 4012630 PM SUPPLIES: BOARDS, TAPE, OU c PM SUPPLIES: BOARDS, TAPE, OU a) E 001.000.64.576.80.31.00 211.6E 10.3% Sales Tax 001.000.64.576.80.31.00 21.8( Q 4025335 PM SUPPLIES: CAULK, HOOKS, KN PM SUPPLIES: CAULK, HOOKS, KN 001.000.64.576.80.31.00 339.1( 10.3% Sales Tax Page: 14 Packet Pg. 55 vchlist 07/28/2021 3:25:58PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 248337 7/29/2021 067862 HOME DEPOT CREDIT SERVICES (Continued) 5090406 248338 7/29/2021 067862 HOME DEPOT CREDIT SERVICES 6026297 610413 8515396 PO # Description/Account 001.000.64.576.80.31.00 PM SUPPLIES: SPLICERS, HOSE R PM SUPPLIES: SPLICERS, HOSE R 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 PM SUPPLIES: TROWEL, CONCRE- PM SUPPLIES: TROWEL, CONCRE- 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 PM SUPPLIES: BUCKETS, SHOVEL PM SUPPLIES: BUCKETS, SHOVEL 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 PM SUPPLIES: COUPLER LOCK K11 PM SUPPLIES: COUPLER LOCK K11 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 PM SUPPLIES: SEALANT PM SUPPLIES: SEALANT 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 Total 1024582 CITY HALL - SUPPLIES CITY HALL - SUPPLIES 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 Total 6.2.a Page: 15 Amoun 34.9< y E �a 101.8E L 10.4E c �a 71.0( u a� t 7.3- E 156.1E o �a 16.0, o L a a Q 37.0( .r T N 3.8- N ti 0 N 99.21 .E ea U 10.2, }; 1,573.6( E t U ca Page: 15 Packet Pg. 56 vchlist 07/28/2021 3:25:58PM Bank code : usbank Voucher Date Vendor 248339 7/29/2021 078408 HOROW ITZ, MICHAEL 248340 7/29/2021 076488 HULBERT, MATTHEW STIEG 248341 7/29/2021 069733 ICONIX WATERWORKS INC 248342 7/29/2021 014940 INTERSTATE BATTERY SYSTEMS 248343 7/29/2021 078464 JAMES LAGASSE 248344 7/29/2021 015270 JCI JONES CHEMICALS INC Voucher List City of Edmonds 6.2.a Page: 16 Invoice PO # Description/Account Amoun WMS HOROWITZ WALKABLE MAIN STREET PERFOF WALKABLE MAIN STREET PERFOF (D 001.000.64.571.22.41.00 450.0( E Total: 450.0( a CD21-04 HULBERT PHOTOGRAPHY SERVIC HULBERT PHOTOGRAPHY SERVIC 3 001.000.61.558.70.41.00 250.0( CD21-05 HULBERT PHOTOGRAPHY SERVIC y HULBERT PHOTOGRAPHY SERVIC 001.000.61.558.70.41.00 250.0( Total: 500.0( U2116035443 SEWER - PARTS f° SEWER - PARTS U 423.000.75.535.80.31.00 o 584.3E '@ 10.4% Sales Tax o 423.000.75.535.80.31.00 60.7E a Total : 645.1( Q 1905701061740 INV 1905701061740 - EDMONDS PE r 1.5V AA BATTERIES - 6 BX 001.000.41.521.22.31.00 64.8( N 1.5V AAA BATTERIES - 5 BX o 001.000.41.521.22.31.00 54.0( 10.4% Sales Tax 001.000.41.521.22.31.00 12.3E Total: 131.1E a� 3-56500 #21-206784 UTILITY REFUND E t #21-206784 Utility refund due to 411.000.233.000 210.5' Q Total : 210.51 860810 WWTP: PO 474 SODIUM HYPOCHL PO 474 SODIUM HYPOCHLORITE Page: 16 Packet Pg. 57 vchlist 07/28/2021 3:25:58PM Voucher List City of Edmonds 6.2.a Page: 17 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248344 7/29/2021 015270 JCI JONES CHEMICALS INC (Continued) 423.000.76.535.80.31.53 3,717.5E WA Hazadous Substance Tax E 423.000.76.535.80.31.53 26.0, a 10.4% Sales Tax 423.000.76.535.80.31.53 386.6' .3 Total: 4,130.21 -o c 248345 7/29/2021 073780 KAMINS CONSTRUCTION INC E7DC PMT no.3 E7DC PMT NO.3 THRU 7/13/2021 fd E7DC PMT NO.3 THRU 7/13/2021 112.000.68.595.61.65.00 188,488.7' E7DC PMT NO.3 THRU 7/13/2021 125.000.68.595.61.65.00 4,895.8( •� E7DC PMT NO.3 THRU 7/13/2021 126.000.68.595.61.65.00 51,406.0, p E7DC PMT NO.3 THRU 7/13/2021 422.000.72.594.31.65.20 17,720.2, p Total: 262,510.7E a Q 248346 7/29/2021 078239 KIM, YOUNGHEE 63392 KOREAN 1A0573280 KOREAN 1 A0573280 N 001.000.23.512.50.41.01 100.0( c) Total: 100.0( ti 0 248347 7/29/2021 078454 LARRY & CHERYL SCHLAITZER 3-17425 #21-212221 UTILITY REFUND N #21-212221 Utility refund due to 411.000.233.000 109.3E Total: 109.3E a� 248348 7/29/2021 078457 LEGEND ESTATES HOA 6-06575 UTILITY BILLING REFUND E t Utility billing refund 411.000.233.000 Total 118,277.4( Q 118,277.4( : 248349 7/29/2021 078458 LEGEND ESTATES HOA 6-06552 UTILITY BILLING REFUND Utility billing refund Page: 17 Packet Pg. 58 vchlist 07/28/2021 3:25:58PM Bank code : usbank Voucher Date Vendor 248349 7/29/2021 078458 LEGEND ESTATES HOA 248350 7/29/2021 073226 LIFE LINE SCREENING Voucher List City of Edmonds Invoice (Continued) 2005811.009 248351 7/29/2021 076001 LUCIE R BERNHEIM, ATTYAT LAW 641 248352 7/29/2021 078451 MAVIS & STEPHEN ROE 2-21200 248353 7/29/2021 078460 MICHAEL FULMER & AIMEE HARRIS 2-19425 248354 7/29/2021 020900 MILLERS EQUIP & RENT ALL INC 354978 248355 7/29/2021 020905 MILLIMAN INC 003FPL0721 PO # Description/Account 411.000.233.000 Total : REFUND: DAMAGE DEPOSIT REFUND: DAMAGE DEPOSIT: #3291 001.000.239.200 Total BERNHEIM - CONFLICT COUNSEL BERNHEIM - CONFLICT COUNSEL 001.000.39.512.52.41.00 Total #500120198-SM UTILITY REFUND #500120198-SM Utility refund - recei\ 411.000.233.000 Total #0212136-OC-SMA UTILITY REFUNI #0212136-OC-SMA Utility refund - 411.000.233.000 Total PM: FUEL LINES, FUEL FILTER, SPI PM: FUEL LINES, FUEL FILTER, SPI 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 Total ACTUARIAL SERVICES FOR FIRE 8 Firefighters' Pension fund GASB 67 8 617.000.51.589.40.41.00 LEOFF 1 retiree medical, dental & Ior 009.000.39.517.20.41.00 6.2.a Page: 18 Page: 18 Packet Pg. 59 vchlist 07/28/2021 3:25:58PM Voucher List City of Edmonds 6.2.a Page: 19 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248355 7/29/2021 020905 020905 MILLIMAN INC (Continued) Total : 28,500.0( 248356 7/29/2021 075266 MORGAN MECHANICAL INC S21-5337 WWTP: FIX TEMPERATURE IN LAB FIX TEMPERATURE IN LAB 423.000.76.535.80.48.00 470.0( 10.4% Sales Tax 423.000.76.535.80.48.00 48.8f Total : 518.81 248357 7/29/2021 072746 MURRAYSMITH INC 20-2775.01-3 E21 GA SERVICES THRU 6/30/21 E21 GA SERVICES THRU 6/30/21 423.000.75.594.35.41.00 25,348.0( Total: 25,348.0( 248358 7/29/2021 063750 ORCA PACIFIC INC 46041 YOST POOL SUPPLIES YOST POOL SUPPLIES: CHEMICAL 001.000.64.576.80.31.00 1,183.2( 10.4% Sales Tax 001.000.64.576.80.31.00 123.0E Tota I : 1,306.3, 248359 7/29/2021 069873 PAPE MACHINERY INC 12881020 PARK MAINT: PARTS PARK MAINT: PARTS 001.000.64.576.80.31.00 67.8E 10.4% Sales Tax 001.000.64.576.80.31.00 7.0E Tota I : 74.9' 248360 7/29/2021 065051 PARAMETRIX INC 28246 WWTP: THRU 7/3/21 DESIGN SERV THRU 7/3/21 DESIGN SERVICES 423.100.76.594.39.41.00 1,655.0( Total : 1,655.0( 248361 7/29/2021 027450 PAWS JUNE 2021 JUNE 2021 - EDMONDS PD 3 ANMLS @a $207. - $35 RCLM FEE 001.000.41.521.70.41.00 586.0( Page: 19 Packet Pg. 60 vchlist 07/28/2021 3:25:58PM Bank code : usbank Voucher Date Vendor 248361 7/29/2021 027450 027450 PAWS 248362 7/29/2021 078452 PETER & JAROSLAVA SZEKERES 248363 7/29/2021 073231 POLYDYNE INC 248364 7/29/2021 068697 PUBLIC SAFETY TESTING INC 248365 7/29/2021 046900 PUGET SOUND ENERGY Voucher List City of Edmonds 6.2.a Page: 20 Invoice PO # Description/Account Amoun (Continued) Total : 586.0( 3-55800 #21-204719 UTILITY REFUND E E #21-204719 Utility refund due to 411.000.233.000 440.0, Total : 440.01 .- 3 1561926 WWTP: PO 475 POLYMER (CLARIFI c PO 475 POLYMER (CLARIFLOC) fd 423.000.76.535.80.31.51 N 3,220.0( 10.4% Sales Tax 423.000.76.535.80.31.51 t 334.8E u Total : 3,554.8f ,E M 2021-304 SUBSCRIPTION FEES - Q2 SUBSCRIPTION FEES - 02 ,U 0 001.000.22.521.10.41.00 833.0( > Total: 833.0( a 200002411383 YOST PARK/POOL 9535 BOWDOIN a Q YOST PARK/POOL 9535 BOWDOIN r 001.000.64.576.80.47.00 1,722.4' N 200007876143 OLD PUBLIC WORKS 200 DAYTON N OLD PUBLIC WORKS 200 DAYTON ti 0 421.000.74.534.80.47.00 35.8, N 200011439656 FIRE STATION #20 23009 88TH AVE E FIRE STATION #20 23009 88TH AVE 2 U 001.000.66.518.30.47.00 54.9z 200016558856 CIVIC CENTER 250 5TH AVE N / ME CIVIC CENTER 250 5TH AVE N / ME E 001.000.66.518.30.47.00 t 47.7. 200016815843 FIRE STATION #17 275 6TH AVE N / FIRE STATION #17 275 6TH AVE N / Q 001.000.66.518.30.47.00 137.0E 200017676343 FLEET MAINTENANCE BAY 21105 7 FLEET MAINTENANCE BAY 21105 7 Page: 20 Packet Pg. 61 vchlist 07/28/2021 3:25:58PM Voucher List City of Edmonds 6.2.a Page: 21 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 248365 7/29/2021 046900 PUGET SOUND ENERGY (Continued) 511.000.77.548.68.47.00 35.8 1 200019895354 SNO-ISLE LIBRARY 650 MAIN ST / IN E SNO-ISLE LIBRARY 650 MAIN ST / IN ca 001.000.66.518.30.47.00 a 35.8, 200020415911 PUBLIC WORKS CIVIC 7110 210TH ; 3 PUBLIC WORKS CIVIC 7110 210TH ; 001.000.65.518.20.47.00 3.7z PUBLIC WORKS CIVIC 7110 210TH 111.000.68.542.90.47.00 14.2( PUBLIC WORKS CIVIC 7110 210TH ; t 421.000.74.534.80.47.00 14.2( PUBLIC WORKS CIVIC 7110 210TH ; M 423.000.75.535.80.47.10 14.2( PUBLIC WORKS CIVIC 7110 210TH ; o 511.000.77.548.68.47.00 14.2( �a PUBLIC WORKS CIVIC 7110 210TH ; o L 422.000.72.531.90.47.00 14.2- a 200024711901 CITY PARK BUILDING 600 3RD AVE Q CITY PARK BUILDING 600 3RD AVE _. T 001.000.66.518.30.47.00 35.81 N 220023412418 WWTP: 6/21-7/21/21 METER 00039( 04 6/21-7/21/21 METER 000390395 20( c 423.000.76.535.80.47.63 43.0( N Total: 2,223.41 ea 248366 7/29/2021 078463 RAJESH & MEENA VERMA 3-34700 #4222-3757168 UTILITY REFUND U #4222-3757168 Utility refund due to 411.000.233.000 232.9� E Total : 232.95 �a 248367 7/29/2021 076328 SCJ ALLIANCE 64155 E20CE SERVICES THRU 6/30/2021 Q E20CE SERVICES THRU 6/30/2021 112.000.68.595.33.41.00 74,802.6E E20CE SERVICES THRU 6/30/2021 126.000.68.595.33.41.00 2,918.3' Page: 21 Packet Pg. 62 vchlist 07/28/2021 3:25:58PM Bank code : usbank Voucher Date Vendor 248367 7/29/2021 076328 076328 SCJ ALLIANCE 248368 7/29/2021 066918 SEDOR, NORMAN 248369 7/29/2021 037375 SNO CO PUD NO 1 Voucher List City of Edmonds 6.2.a Page: 22 Invoice PO # Description/Account Amoun (Continued) Total : 77,720.9F 43 REIMBURSEMENT E E REIMBURSEMENT �a 009.000.39.517.20.29.00 5,700.0( Total : 5,700.0( .3 200202547 PEDEST CAUTION LIGHT 21930 95- c PEDEST CAUTION LIGHT 21930 95- fd 111.000.68.542.64.47.00 15.4E N 200260271 YOST POOL a� YOST POOL 001.000.64.576.80.47.00 1,292.7E E 200398956 FIRE STATION #16 8429 196TH ST ; f6 FIRE STATION #16 8429 196TH ST E .� 001.000.66.518.30.47.00 947.7� o 200611317 LIFT STATION #9 19300 80TH AVE V > LIFT STATION #9 19300 80TH AVE V a 423.000.75.535.80.47.10 99.2E 200638609 OLD PUBLIC WORKS 200 DAYTON Q OLD PUBLIC WORKS 200 DAYTON N 421.000.74.534.80.47.00 110.2E 200723021 TRAFFIC LIGHT 961 PUGET DR / MI TRAFFIC LIGHT 961 PUGET DR / MI o 111.000.68.542.64.47.00 35.1( 200739845 SEAVIEW RESERVOIR 18520 90TH SEAVIEW RESERVOIR 18520 90TH 421.000.74.534.80.47.00 17.1 , 201184538 HICKMAN PARK HICKMAN PARK t 001.000.64.576.80.47.00 24.4z 201431244 PEDEST CAUTION LIGHT 9301 PUC Q PEDEST CAUTION LIGHT 9301 PUC 111.000.68.542.64.47.00 20.0' 201441755 TRAFFIC LIGHT 21531 HWY 99 / ME TRAFFIC LIGHT 21531 HWY 99 / ME Page: 22 Packet Pg. 63 vchlist 07/28/2021 3:25:58PM Voucher List City of Edmonds 6.2.a Page: 23 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 248369 7/29/2021 037375 SNO CO PUD NO 1 (Continued) 111.000.68.542.63.47.00 140.3E 201551744 SNO-ISLE LIBRARY 650 MAIN ST / IN E SNO-ISLE LIBRARY 650 MAIN ST / IN ca 001.000.66.518.30.47.00 a 1,062.7E 201572898 TRAFFIC LIGHT 117 3RD AVE S / ME 3 TRAFFIC LIGHT 117 3RD AVE S / ME 111.000.68.542.64.47.00 35.4( 201942489 PUBLIC WORKS CIVIC 7110 210TH ; N PUBLIC WORKS CIVIC 7110 210TH ; 001.000.65.518.20.47.00 75.0- t PUBLIC WORKS CIVIC 7110 210TH ; 111.000.68.542.90.47.00 285.0< PUBLIC WORKS CIVIC 7110 210TH ; 421.000.74.534.80.47.00 285.0< o PUBLIC WORKS CIVIC 7110 210TH ; �a 423.000.75.535.80.47.10 285.0< o PUBLIC WORKS CIVIC 7110 210TH : L a 511.000.77.548.68.47.00 285.0' Q PUBLIC WORKS CIVIC 7110 210TH : .r T 422.000.72.531.90.47.00 285.0( N 202250627 9TH/GASPER LANDSCAPED BED N 9TH/GASPER LANDSCAPED BED c 001.000.64.576.80.47.00 17.1, N 202289450 TRAFFIC LIGHT 21931 HWY 99 / ME E TRAFFIC LIGHT 21931 HWY 99 / ME 2 U 111.000.68.542.64.47.00 70.2- }; 202291662 CIVIC CENTER & FIRE STATION #1; CIVIC CENTER & FIRE STATION #1, E 001.000.66.518.30.47.00 5,470.5' 202439246 CITY HALL 121 5TH AVE N / METER CITY HALL 121 5TH AVE N / METER Q 001.000.66.518.30.47.00 2,339.5E 202540647 SIERRA PARK IRRIGATION 8100 191 SIERRA PARK IRRIGATION 8100 191 001.000.64.576.80.47.00 17.1, Page: 23 Packet Pg. 64 vchlist 07/28/2021 3:25:58PM Bank code : usbank Voucher Date Vendor 248369 7/29/2021 037375 SNO CO PUD NO 1 248370 248371 248372 7/29/2021 063941 SNO CO SHERIFFS OFFICE Voucher List City of Edmonds Invoice (Continued) 203652151 204425847 220216386 220547574 222704280 1000568318 7/29/2021 072776 SNOHOMISH CONSERVATION DIST 5522 7/29/2021 006630 SNOHOMISH COUNTY 79505 6.2.a Page: 24 PO # Description/Account Amoun FIVE CORNERS RESERVOIR 85191 a0i FIVE CORNERS RESERVOIR 85191 E 421.000.74.534.80.47.00 136.7E a LIFT STATION #2 702 MELODY LN / LIFT STATION #2 702 MELODY LN / 423.000.75.535.80.47.10 41.7E PEDEST CAUTION LIGHTS 8410 M; PEDEST CAUTION LIGHTS 8410 MF 111.000.68.542.64.47.00 57.1- TRAFFIC LIGHT SR104 @ 236TH S1 t TRAFFIC LIGHT SR104 @ 236TH S1 111.000.68.542.63.47.00 65.5E WWTP: 6/18-7/20/21 METER 10001� 200 2ND AVE S / METER 10001353i p 423.000.76.535.80.47.61 24,958.2, �a Total: 38,474.9' o L Q INV 1000568318 - CUST SSH00095 - Q• Q 6/24 6 HRS @ $85/HR 001.000.41.521.40.41.00 510.0( N 6/25 4 HRS @ $85/HR N 001.000.41.521.40.41.00 340.0( ti 6/28 3 HRS @ $85/HR N 001.000.41.521.40.41.00 255.0( E Total: 1,105.0( E7FG SERVICES THRU 6/30/21 E7FG SERVICES THRU 6/30/21 E 422.000.72.531.90.41.20 900.1 Total : 900.1� .r Q PARKS MAINT 5005 DUMP FEES PARKS MAINT DUMP FEES 001.000.64.576.80.47.00 1,259.0( ILLEGAL DUMP FEES Page: 24 Packet Pg. 65 vchlist 07/28/2021 3:25:58PM Bank code : usbank Voucher Date Vendor 248372 7/29/2021 006630 SNOHOMISH COUNTY Voucher List City of Edmonds Invoice (Continued) 248373 7/29/2021 037303 SO SNOHOMISH CO FIRE & RESCUE Aug-21 248374 7/29/2021 075009 SOUNDVIEW DESIGN STUDIO 00011214 248375 7/29/2021 074797 SUPER CHARGE MARKETING LLC 9595 248376 7/29/2021 075574 SVETLITCHNAIA, JULIANA 7/20/21 HMP 248377 7/29/2021 078443 THOMAS MARSHALLARMSTRONG 7/22/21 HMP 248378 7/29/2021 077070 UNITED RECYCLING & CONTAINER 138924 248379 7/29/2021 078456 UNITED STATES TREASURY 07272021 6.2.a Page: 25 PO # Description/Account Amoun vi 422.000.72.531.10.49.00 5.0( PW DUMP FEES E 422.000.72.531.10.49.00 36.0( a Total: 1,300.0( L AUG-2021 FIRE SERVICES CONTR) 3 Jun-2021 Fire Services Contract Pap 001.000.39.522.20.41.50 654,236.4, y Total: 654,236.4: FALL CRAZE DESIGN FALL CRAZE DESIGN E 001.000.64.571.22.41.00 1,321.5( Total: 1,321.5( o SOCIAL MEDIA SERVICES FOR JUL > SOCIAL MEDIA SERVICES FOR JUL 001.000.61.557.20.41.00 550.0( a Total : 550.0( Q HAZEL MILLER PLAZA CONCERT T N Agreement for Presentation Services: N 117.100.64.573.20.41.00 1,300.0( c Total: 1,300.0( HAZEL MILLER PLAZA CONCERT 2 Agreement for Presentation Services: U }; 117.100.64.573.20.41.00 250.0( Total: 250.0( E t PARKS - DUMP FEES PARKS - DUMP FEES Q 001.000.64.576.80.47.00 150.0( Total : 150.0( EIN 83-6459084 1 TAX PERIOD (Q2 I Page: 25 Packet Pg. 66 vchlist 07/28/2021 3:25:58PM Bank code : usbank Voucher Date Vendor 248379 7/29/2021 078456 UNITED STATES TREASURY 248380 7/29/2021 071549 UNIVAR SOLUTIONS USA INC 248381 7/29/2021 078462 VALERIE ARVON 248382 7/29/2021 067865 VERIZON WIRELESS Voucher List City of Edmonds 6.2.a Page: 26 Invoice PO # Description/Account Amoun (Continued) vi FOR HRA-VEBA PLAN 001.000.39.518.61.49.00 269.4, E FOR HRA-VEBA PLAN a 111.000.68.542.61.49.00 116.E FOR HRA-VEBA PLAN 3 421.000.74.534.80.49.00 22.7( FOR HRA-VEBA PLAN �a 422.000.72.531.90.49.00 26.4� Y FOR HRA-VEBA PLAN 423.000.75.535.80.49.00 26.4� FOR HRA-VEBA PLAN E 423.000.76.535.80.49.00 55.9z 'sa FOR HRA-VEBA PLAN 511.000.77.548.68.49.00 26.0E O FOR HRA-VEBA PLAN 001.000.41.521.22.23.00 68.0: o Total: 611.8( a Q 49287441 WWTP: 7/12/21 SOD. BISULFITE 7/12/21 SOD. BISULFITE T N 423.000.76.535.80.31.54 2,032.7' N 10.4% Sales Tax ti 423.000.76.535.80.31.54 0 211.4( y Total: 2,244.1:.E ea 4-29825 #611267937-KK UTILITY REFUND U #611267937-KK Utility refund - receiv 411.000.233.000 214.4, E Total : 214.4: 0 �a 9883988732 C/A 671247844-00001 Q Cell Service Fac-Maint 001.000.66.518.30.42.00 82.4, Cell Service-PD 001.000.41.521.10.42.00 44.2z Page: 26 Packet Pg. 67 vchlist 07/28/2021 3:25:58PM Voucher List City of Edmonds 6.2.a Page: 27 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248382 7/29/2021 067865 VERIZON WIRELESS (Continued) Cell Service-PW Sewer 423.000.75.535.80.42.00 41.0z Total: 167.7° 248383 7/29/2021 073045 WAASSOC OF SEWER & WATER 210721-001 PUBLIC WORKS JOB POSTINGS WWTP Pre -Treatment Technician- 001.000.22.518.10.41.40 200.0( Total : 200.0( 248384 7/29/2021 076254 WASHINGTON STATE UNIVERSITY 20191219 WSU SMALL BUSINESS DEVELOPN Washington State University Small 001.000.61.558.70.41.00 2,500.0( Total: 2,500.0( 248385 7/29/2021 078302 WEBER, CAROL 6 VISIT EDMONDS WEBSITE SUPPOI VISIT EDMONDS WEBSITE SUPPOI 001.000.61.558.70.41.00 500.0( Tota I : 500.0( 248386 7/29/2021 077188 WELCOME MAGAZINE 1678 FALL/WINTER AD 2021-22 IN WELC FALL/WINTER AD 2021-22 IN W ELC 120.000.31.575.42.41.40 3,456.0( Total : 3,456.0( 248387 7/29/2021 078459 WELLS FARGO BANK 8-29050 UTILITY BILLING REFUND Utility billing refund 411.000.233.000 30,479.2( Total : 30,479.2( 248388 7/29/2021 074609 WEST COAST ARMORY NORTH 2323175 INV 2323175 - EDMONDS PD MAY & JUNE RANGE FEES 001.000.41.521.40.41.00 211.9( 10.4% Sales Tax 001.000.41.521.40.41.00 22.1( Total: 234.0( Page: 27 Packet Pg. 68 vchlist 07/28/2021 3:25:58PM Bank code : usbank Voucher Date Vendor 248389 7/29/2021 072634 WHISTLE WORKWEAR Voucher List City of Edmonds Invoice 578827 248390 7/29/2021 078455 WILLIAM & ELIZABETH ERICKSON 8-26175 248391 7/29/2021 070432 ZACHOR & THOMAS PS INC 248392 7/29/2021 011900 ZIPLY FIBER PO # Description/Account PM: WORK WEAR - TIM KOPP PM: WORK WEAR - TIM KOPP 001.000.64.576.80.31.00 9.8% Sales Tax 001.000.64.576.80.31.00 Total #794305RT UTILITY REFUND #794305RT Utility refund due to 411.000.233.000 Total 21-EDM0006 JUN-2021 RETAINER Monthly Retainer 001.000.36.515.33.41.00 21-EDM0007 JUL-2021 RETAINER Monthly Retainer 001.000.36.515.33.41.00 Total 253-007-4989 SEAVIEW RESERVOIR TELEMETR) SEAVIEW RESERVOIR TELEMETR) 421.000.74.534.80.42.00 253-012-9166 TELEMETRY CIRCUIT LINES TELEMETRY CIRCUIT LINES 421.000.74.534.80.42.00 TELEMETRY CIRCUIT LINES 423.000.75.535.80.42.00 253-014-8062 TELEMETRY CIRCUIT LINE TELEMETRY CIRCUIT LINE 421.000.74.534.80.42.00 TELEMETRY CIRCUIT LINE 423.000.75.535.80.42.00 253-017-4360 TELEMETRY CIRCUIT LINE TELEMETRY CIRCUIT LINE 421.000.74.534.80.42.00 6.2.a Page: 28 Amoun m 364.4, E �a a 35.7, L 400.1( '3 c �a 113.3� 113.35 t E 18,062.5( o �a 0 18,062.5( a 36,125.0( Q N 31.1, N ti 0 N 162.7' 302.1, a� E t 19.8 a 36.9( 47.0z Page: 28 Packet Pg. 69 vchlist 07/28/2021 3:25:58PM Bank code : usbank Voucher Date Vendor 248392 7/29/2021 011900 ZIPLY FIBER 93 Vouchers for bank code : usbank 93 Vouchers in this report Voucher List City of Edmonds 6.2.a Page: 29 Invoice PO # Description/Account Amoun (Continued) vi TELEMETRY CIRCUIT LINE 423.000.75.535.80.42.00 87.3f E 425-697-6502 MUSEUM ALARM LINES - 118 5TH P a Museum Alarm Lines - 118 5th Ave N 001.000.66.518.30.42.00 109.7, 3 425-712-8347 CIVIC CENTER ELEVATOR PHONE CIVIC CENTER ELEVATOR PHONE 001.000.66.518.30.42.00 73.8( Y 425-775-2455 CIVIC CENTER ALARM LINES 250 5 CIVIC CENTER FIRE AND INTRUSIC t 001.000.66.518.30.42.00 68.3, 425-776-3896 FRANCES ANDERSON CENTER AL, FRANCES ANDERSON CENTER FIF 001.000.66.518.30.42.00 139.1 o Total: 1,078.1: 0 Bank total : 1,464,371.1' a a Total vouchers : 1,464,371.1' Q T N N ti O N E 2 V al Page: 29 Packet Pg. 70 6.2.b vchlist 07/27/2021 10 :22 :42AM Voucher List City of Edmonds Page Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun . . ui 7232021 7/23/2021 062693 US BANK 0091 US BANK - JULY c CERTIFIED MAIL E 001.000.22.518.10.49.00 16.6( OFFICE SUPPLIES a 001.000.22.518.10.31.00 212.9 -.(D 1522 1522 SHANNON BURLEY CREDIT C 3 AMAZON: GYMNASTICS SUPPLIES 001.000.64.571.28.31.00 83.8E N FULL SOURCE: DISCOVERY STAFF Y U 001.000.64.571.23.24.00 234.0< t AMAZON: ADMIN SUPPLIES: MOUS U 001.000.64.571.21.31.00 32.6 .E AMAZON: GYMNASTICS SUPPLIES 2 001.000.64.571.28.31.00 79.2E c AMAZON: GYMNASTICS SUPPLIES '@ 001.000.64.571.28.31.00 46.3E o AMAZON: GYMNASTICS SUPPLIES a 001.000.64.571.28.31.00 50.1( Q FASTSIGNS: FLOWER PROGRAM T 001.000.64.576.81.31.00 184.1 , ISSUU: DIGITAL CRAZE N 001.000.64.571.22.49.00 39.0< ti AMAZON: GYMNASTICS SUPPLIES 001.000.64.571.28.31.00 198.0E 3 AMAZON: GYMNASTICS SUPPLIES r 001.000.64.571.28.31.00 33.1( 1558 LAPTOPS, ZOOM, SUNRISE, SOLA£ E ENOM Domain Name Registration - 512.000.31.518.88.49.00 13.9E +° Zoom - Standard Biz Annual charge - Q 001.000.23.512.50.42.00 166.8, Newegg.com - Solid State Drive 512.000.31.518.88.35.00 155.& Newegg.com - Allstate 2 yr notebook Page: 1 Packet Pg. 71 vchlist 07/27/2021 10 :22 :42 AM Bank code : usbank Voucher Date Vendor 7232021 7/23/2021 062693 US BANK Voucher List City of Edmonds 6.2.b Page: 2 Invoice PO # Description/Account Amoun (Continued) —71 512.000.31.518.88.35.00 ui 695.4� Newegg.com - TROPRO 1080p Webi E 512.000.31.518.88.35.00 59.6( Newegg.com - 2021 HP ProBook 45C a 512.000.31.518.88.35.00 4,139.9( Newegg.com - Allstate 3 yr protection 3 512.000.31.518.88.35.00 82.7� Newegg.com - USB-C to HDMI 4k Ad 512.000.31.518.88.35.00 117.2- Zoom - Cloud recording monthly (IT), 512.000.31.518.88.42.00 44.1 E U Zoom - Cloud recording monthly (IT), E 001.000.23.512.50.42.00 54.1E u Zoom - Cloud recording monthly (IT), c 001.000.11.511.60.42.00 44.1E @ Zoom - Cloud recording monthly (IT), c 001.000.61.557.20.42.00 44.1 E a ENOM Domain Name Registration - Q- Q 512.000.31.518.88.49.00 33.0( Solarwinds - Kiwi CatTools 12 month N 512.000.31.518.88.48.00 244.9� N Amazon Cables - city 5 ti 512.000.31.518.88.31.00 77.2( " Newegg.com - Intel NUC 10 Barebon L 512.000.31.518.88.35.00 726.4, 3 Sunrise - Intel Coffee lake i5-8259U c 512.000.31.518.88.35.00 1,587.0( E Duo.com - MFA monthly qty 90 t U 512.000.31.518.88.48.00 270.0( m Rev.com - Zoom Live Captions add o Q 512.000.31.518.88.48.00 40.0( Zoom - Webinar 500 monthly 6/28/21 001.000.62.524.10.42.00 154.5E 1814 BENNETT -1813 07/06/21 Page: 2 Packet Pg. 72 vchlist 07/27/2021 10 :22 :42 AM Bank code : usbank Voucher Date Vendor 7232021 7/23/2021 062693 US BANK Voucher List City of Edmonds 6.2.b Page: 3 Invoice PO # Description/Account Amoun (Continued) y FUEL FOR CHIEF CITY VEHICLE 001.000.41.521.10.32.00 45.0( E BREAKFAST - ROTARY GUEST SPK 001.000.41.521.10.43.00 13.3E FUEL FOR CHIEF CITY VEHICLE 001.000.41.521.10.32.00 53.5( 3 1885 PD 2 CARD -1885 07/06/21 c FUEL - TRAINING - SPOKANE `6 001.000.41.521.40.43.00 37.6� FUEL - TRAINING - SPOKANE 001.000.41.521.40.43.00 28.8- u HOTEL - JOHNSEN - 6/8-6/10 E 001.000.41.521.40.43.00 378.7E u HOTEL - HWANG - 6/8-6/10/21 0 001.000.41.521.40.43.00 378.7E 'R RECORDS FOR PRR W005565-051, o 001.000.41.521.10.31.00 33.5( a PROMOTION CERT FRAMING Q- Q 001.000.41.521.10.31.00 200.2E RETIREMENT PLAQUE - HARDWICI N 001.000.41.521.10.31.00 93.8z N 5 CASES OF CUPS ti 001.000.41.521.10.31.00 319.9( " REFURBISH PATROL BOOTS L 001.000.41.521.22.24.00 230.0( 3 1937 FLEET CC - 07/06/2021 c DOL - E185PO REGISTRATION E E 511.100.77.594.48.64.00 64.0( u DOL - REGISTRATION 511.100.77.594.48.64.00 57.0( Q HOME DEPOT - UNIT 43 SUPPLIES 511.000.77.548.68.31.10 41.9E GOOD TO GO - UNIT 197 TOLL 511.000.77.548.68.48.00 1.6E Page: 3 Packet Pg. 73 vchlist 07/27/2021 10 :22 :42 AM Bank code : usbank Voucher Date Vendor 7232021 7/23/2021 062693 US BANK Voucher List City of Edmonds 6.2.b Page: 4 Invoice PO # Description/Account Amoun (Continued) y GOOD TO GO - FLEET FUNDS REP 511.000.77.548.68.48.00 30.0( E ETRAILER.COM - UNIT 40 - PARTS/ 511.000.77.548.68.31.10 47.5' FISHERIES SUPPLY- E4MB FISHIN 332.000.64.594.76.65.00 _(D 282.6( 3 TALLEY - E185PO - PARTS/ ADAPTE c 511.100.77.594.48.64.00 61.2E N DIAMOND MOWERS - UNIT 19 PAR- 511.000.77.548.68.31.10 2,892.7E ZORO.COM - E187WR PARTS U 511.100.77.594.48.64.00 926.21 .E SOUND HARLEY - UNIT 960 - PART; 2 511.000.77.548.68.31.10 14.1 E o CARGO GLIDE - E184P0 '@ 511.100.77.594.48.64.00 2,076.0< o TALLEY - UNIT 282-POL PARTS (OR a 511.000.77.548.68.31.10 529.4E Q DOL - E184PO REGISTRATION 511.100.77.594.48.64.00 64.0( N WISE LOCKSMITH - UNIT 102 KEY N 511.000.77.548.68.31.10 6.2z ti FISHERIES SUPPLY- M-16 PARTS m 511.000.77.548.68.31.10 108.6' •3 UPS - UNIT 43 SHIPPING r 511.000.77.548.68.49.00 32.3, CHAMPION BOLT & SUPPLY - UNIT E 511.000.77.548.68.31.10 40.7' U PAYPAL ELECTRIC SUPPLIES - UNI 511.000.77.548.68.31.10 2,073.6( Q 2519 PD 1 CARD -2519 07/06/21 SHIP TO MOORE, OK PD 001.000.41.521.10.42.00 63.5z NOTARY LICENSE RENEWAL - COL Page: 4 Packet Pg. 74 vchlist 07/27/2021 10 :22 :42 AM Bank code : usbank Voucher Date Vendor 7232021 7/23/2021 062693 US BANK Voucher List City of Edmonds 6.2.b Page: 5 Invoice PO # Description/Account Amoun (Continued) ui 001.000.41.521.11.49.00 30.0( SHIP RETURNED PROPERTY E 001.000.41.521.10.42.00 42.3, 3048 THOMPSON -3048 07/06/21 a COIN COUNTERS/SORTERS 001.000.41.521.80.31.00 14.1 < 3 ALERT BAG 001.000.41.521.22.35.00 82.7� `6 CASIO PRINTING CALCULATOR Y 001.000.41.521.10.31.00 U 36.2f PRO GRADE SHREDDER U 001.000.41.521.80.35.00 131.3E ,E 4171 MCCLURE -4171 07/06/21 �a PADLOCKS FOR SAGE LAUNCHER 4- 001.000.41.521.22.31.00 18.7E o MONTHLY CLOUD STORAGE > 001.000.41.521.40.41.40 0.94 a 5336 STANLEY -5226 07/06/21 FUEL - TRAINING - SPOKANE Q0. 001.000.41.521.40.43.00 47.2� N HOTEL-SPOKANE 6/20-24 - HAUGH ch 001.000.41.521.40.43.00 658.4( HOTEL-SPOKANE 6/20-24 - STANLE 001.000.41.521.40.43.00 658.4( .L 5401 SAUNDERS -5401 07/06/21 3 HWANG TRAINING - K9 OPS & LAW 001.000.41.521.40.49.00 199.0( WORKING DOG SEMINAR - HWAN( 001.000.41.521.40.49.00 U 199.0( +g NIK COMPETENCY TRAINING KIT Q 001.000.41.521.40.31.00 11.01 12 HANDCUFF CASES - INVENTOR 001.000.41.521.40.31.00 668.0( 5919 5919 FRANCES CHAPIN CREDIT C/ Page: 5 Packet Pg. 75 vchlist 07/27/2021 10 :22 :42 AM Bank code : usbank Voucher Date Vendor 7232021 7/23/2021 062693 US BANK Voucher List City of Edmonds 6.2.b Page: 6 Invoice PO # Description/Account Amoun (Continued) y AMAZON: WALKABLE MAIN STREE 001.000.64.571.22.31.00 71.3- E AMAZON: WALKABLE MAIN STREE 001.000.64.571.22.31.00 132.4E CONSTANT CONTACT: EAC & WOT 117.100.64.573.20.49.00 865.5E 3 5919 ADOBE ACROBAT STANDARD DC F c Adobe Acrobat Standard DC refund `6 117.100.64.573.20.49.00 -155.8f 10.4% Sales Tax 117.100.64.573.20.49.00 -16.2- u 7565 STRUM -7565 07/06/21 E M/C FUEL - TRAINING - BELLEVUE 2 001.000.41.521.40.43.00 U 17.6 � o 7573 SMITH -7573 07/06/21 SMITH - LEIRA TRAINING > 001.000.41.521.40.49.00 75.0( a KERN - LEIRA MEMBERSHIP Q- Q 001.000.41.521.11.49.00 50.0( KERN - LEIRA TRAINING N 001.000.41.521.40.49.00 75.0( WIRE SHELVING UNIT - GUN STOR 001.000.41.521.80.31.00 60.6, c NACCA MEMBERSHIP - SHOEMAKE L 001.000.41.521.70.49.00 25.0( 3 8017 ENG CREDIT CARD JUNE 2021 Office webcams and batteries E 001.000.67.518.21.49.00 148.6z E21 CA Click2Mail �a 112.000.68.542.30.41.00 8.7£ Q E21 CA Click2Mail 125.000.68.595.33.41.00 31.4z E21 CA Click2Mail 126.000.68.595.33.41.00 23.4, Page: 6 Packet Pg. 76 vchlist 07/27/2021 10 :22 :42 AM Voucher List City of Edmonds 6.2.b Page: 7 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 7232021 7/23/2021 062693 US BANK (Continued) ui 8305 WILLIAMS CC 07/06/2021 ZOOM - PHIL WILLIAMS ZOOM ACC E 001.000.65.518.20.41.00 82.7E 8474 8474 JESSE CURRAN CREDIT CAR a AMAZON: PM SUPPLIES: PATIO UM 001.000.64.576.80.31.00 470.1 E 3 AMAZON: PM SUPPLIES: FACE MA: 001.000.64.576.80.31.00 33.7, AMAZON: PM SUPPLIES: TRASH Ci Y 001.000.64.576.80.31.00 U 1,015.6E t AMAZON: PM SUPPLIES: POOL CLE U 001.000.64.576.80.31.00 164.5( ,E AMAZON: PM SUPPLIES: EAR MUFI �a U 001.000.64.576.80.31.00 59.7, o AMAZON: PM SUPPLIES: GRAFFITI 001.000.64.576.80.31.00 7a 385.8( o AMAZON: PM SUPPLIES: PATIO UM a 001.000.64.576.80.31.00 324.4E Q AMAZON: PM SUPPLIES: EAR MUFI -- 001.000.64.576.80.31.00 234.91 N ARBICO ORGANICS: PM: INSECTIC ch 001.000.64.576.80.31.00 N 109.6' ti AMAZON: PM SUPPLIES: SPRAY PA c 001.000.64.576.80.31.00 m 7.6E .L AMAZON: PM SUPPLIES: TORCH 3 001.000.64.576.80.31.00 58.4, c AMAZON: PM SUPPLIES: PRUNING E E 001.000.64.576.80.31.00 79.3z U AMAZON: PM SUPPLIES: PRUNING 001.000.64.576.80.31.00 113.8� Q AMAZON: PM SUPPLIES: PATIO UM 001.000.64.576.80.31.00 96.4E AMAZON: PM SUPPLIES: GLOVES 001.000.64.576.80.31.00 72.8 , Page: 7 Packet Pg. 77 vchlist 07/27/2021 10 :22 :42 AM Bank code : usbank Voucher Date Vendor 7232021 7/23/2021 062693 US BANK Voucher List City of Edmonds 6.2.b Page: 8 Invoice PO # Description/Account Amoun (Continued) -71 ui AMAZON: PM SUPPLIES: TREE WA 001.000.64.576.80.31.00 79.4E E AMAZON: PM SUPPLIES:FLAG, GAF 001.000.64.576.80.31.00 61.1E ARBICO ORGANICS: PM: INSECTIC 001.000.64.576.80.31.00 71.3( 3 AMAZON: PM SUPPLIES: STEEL PA c 001.000.64.576.80.31.00 15.4, N AMAZON: PM SUPPLIES: PRINTER 001.000.64.576.80.31.00 52.9z t 8474 AMAZON FISKARS BYPASS LOPPE U Amazon - Fiskars Bypass Lopper retL E 001.000.64.576.80.31.00 -22.0£ u 9573 CERTIFICATE OF ACHIEVEMENT, 2 0 GFOA - 2021 Virtual conference for D —a 001.000.31.514.20.49.00 535.0( o GFOA - Certificate of Achievement a 001.000.31.514.23.49.00 610.0( Q 9821 GREENMUN -9821 07/06/21 �- MECHANICAL PENCIL, EASEL PAD: N 001.000.41.521.40.31.00 102.3" AIRFARE TO AXON TRANING - ALL[ 001.000.41.521.40.43.00 197.8( AIRFARE TO AXON TRAIING - MCCI L 001.000.41.521.40.43.00 197.8( 3 AIRFARE TO AXON TRAINING-SUTI 001.000.41.521.40.43.00 197.8( E AIRFARE TO AXON TRNING-ROBIN; 001.000.41.521.40.43.00 197.8(° AIRFARE TO AXON TRAINING-BROI Q 001.000.41.521.40.43.00 197.8( AIRFARE TO AXON TRN - GREENMI 001.000.41.521.40.43.00 197.8( AIRFARE TO AXON TRNING-BENNE Page: 8 Packet Pg. 78 vchlist 07/27/2021 10 :22 :42 AM Bank code : usbank Voucher Date Vendor 7232021 7/23/2021 062693 US BANK Voucher List City of Edmonds 6.2.b Page: 9 Invoice PO # Description/Account Amoun (Continued) ui 001.000.41.521.40.43.00 197.8( AIRFARE TO AXON TRNING-SAUNE E 001.000.41.521.40.43.00 197.8( AIRFARE TO AXON TRNING - BARD a 001.000.41.521.40.43.00 197.8( METAL REPORT HOLDERS (5) 3 001.000.41.521.40.31.00 165.0, LABELWRITER, OFFICE SUPPLIES `6 001.000.41.521.40.31.00 56.0� APPLE MONTHLY CLOUD STORAGI 001.000.41.521.40.31.00 0.9� U PRE -BOOKING SEATAC PARKING - E 001.000.41.521.40.43.00 96.0( 2 TLO MONTHLY SEARCHES 06/21 0 001.000.41.521.21.41.00 103.8� @ BID-9798 BID/ED! CREDIT CARD JUNE 2021 Sticker Mule - Summer Lovin' 0 a 140.000.61.558.70.41.00 796.5z Q 4th of July Parade Registration -- 140.000.61.558.70.49.00 35.0( N Amazon - Raffle Box 140.000.61.558.70.49.00 N 89.2( ti Uprinting - Raffle Entry Forms c 140.000.61.558.70.49.00 m 67.6( .L Office Depot - Copy Paper 3 140.000.61.558.70.31.00 19.7( c Amazon - Beach Balls E E 140.000.61.558.70.49.00 16.5z U Facebook Ads for June R 140.000.61.558.70.41.40 372.8E Q Branding Iron - Summer Lovin' Flags 140.000.61.558.70.41.00 697.7' Zoom Subscription July 2021 140.000.61.558.70.49.00 16.5z Page: 9 Packet Pg. 79 vchlist 07/27/2021 10 :22 :42 AM Bank code : usbank Voucher Date Vendor 7232021 7/23/2021 062693 US BANK 1 Vouchers for bank code : usbank 1 Vouchers in this report Voucher List City of Edmonds 6.2.b Page: 10 Invoice PO # Description/Account Amoun (Continued) -71 ui Home Depot - Shims for flags 140.000.61.558.70.49.00 5.3z E My Edmonds News - June Advertism( 140.000.61.558.70.41.40 55.0( a 10.4% Sales Tax 140.000.61.558.70.31.00 _W 2.0£ 3 10.4% Sales Tax = 140.000.61.558.70.49.00 0.5E N Total: 34,591.7E a� Bank total : 34,591.7E U E Total vouchers : 34,591.7E 'm 0 N M N ti O d L 3 r c m E U �a a Page: 10 Packet Pg. 80 6.2.c vchlist 07/28/2021 10 :03 :57AM Bank code: usbank Voucher Date Vendor 7282021 7/28/2021 062693 US BANK 1 Vouchers for bank code : usbank 1 Vouchers in this report Voucher List City of Edmonds Page Invoice PO # Description/Account Amoun . . ui 6654 TAP PLASTICS - FAC MAINT POLYC c TAP PLASTICS - FAC MAINT POLYC E 001.000.66.518.30.31.00 2,119.3� TAP PLASTICS - FAC MAINT BUCKE a 001.000.66.518.30.31.00 262.4z .(D HOME DEPOT - FAC MAINT COOL F 3 001.000.66.518.30.31.00 176.2, c Total: 2,558.0° N Bank total : 2,558.0! (1) t U Total vouchers : 2,558.0! E U 4- 0 Page: 1 Packet Pg. 81 �a 0 L Q a r N 00 N f` O 0) L. 3 r c m E U �a a 6.2.d PROJECT NUMBERS (By Project Title) Protect Engineering Accounting Project Funding Project Title Number Number 174th St. & 71st Ave Storm Improvements c521 STM 175th St. SW Slope Stabilization c560 E21 FB STM 2018 Lorian Woods Study s018 W8FA SWR 2019 Sewerline Replacement Project c516 EBGA STM 2019 Storm Maintenance Project c525 EBFC WTR 2019 Swedish Waterline Replacement c523 EBJA �019 Traffic Calming am 611sw STIR 2019 Traffic Signal Upgrades i045 E9AD [UTILITIES 2019 Utility Rate & GFC Update s020 WTR 2019 Waterline Overlay i043 E9CB �2019 Waterline Replacement STIR 2020 Guardrail Installations i046 EOAA erlay Program STIR 2020 Pedestrian Safety Program i049 EODB 020 Pedestrian Task Force STIR 2020 Traffic Calming i048 EOAC STIR 2020 Traffic Signal Upgrades i047 EOAB STIR 2020 Waterline Overlay i053 EOCC STIR 2021 Guardrail Installations i057 E21AB STIR 2021 Overlay Program i051 E21CA 1h STIR 2021 Pedestrian Task Force SWR 2021 Sewer Overlay Program i060 E21CC LSTM 2021 Stormwater Overlay Program STIR 2021 Traffic Calming i056 E21AA �021 Waterline Overlay Program i059 E21CB STIR 220th Adaptive i028 EBAB 228th St. SW Corridor Improvements STIR 238th St. Island & Misc. Ramps i037 EBDC Moor 238th St. SW Walkway (100th Ave to 104th Ave) c423 VE73DB STIR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA 76th Ave Overlay (196th St. to OV i052 E20CB STIR 76th Ave W & 220th St. SW Intersection Improvements i029 EBCA STIR 76th Ave W at 212th St SW Intersection Improveme V c368 E1 CA STIR 84th Ave W Overlay from 220th to 212th i031 EBCC STIR 89th PI W Retaining W- i025 E7CD STIR ADA Curb Ramps i033 EBDB IFSTIR Admiral Way Pedestrian Crossing � i040 E9D� STIR Audible Pedestrian Signals i024 E7AB LSTM Ballinger Regional Facility Pre -Design s022 STIR Bikelink Project c474 ESDA Citywide Bicycle Improvements Project i050 SWR Citywide CI PIP Sewer Rehab Phase II c488 E6GB Citywide Pedestrian Crossing Enhancement i026 STIR Citywide Protected/Permissive Traffic Signal Conversion 1015 E6AB PRK Civic Center Playfield (Construction) EOMA Revised 7/29/2021 Packet Pg. 82 6.2.d PROJECT NUMBERS (By Project Title) Protect Engineering Accounting Project Funding Project Title Number Number PRK Civic Center Playfield (Design) c536 EOMA Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) STM Dayton Street Stormwater Pump Station c455 E4FE FAC Edmonds Fishing Pier Reh STR Edmonds Street Waterfront Connector c478 ESDB WTR Elm St. Waterline Replacement c561 STR Elm Way Walkway from 8th Ave to 9th Ave i058 E21 DA LWTR Five Corners Reservoir Re -coating PM Fourth Avenue Cultural Corridor c282 EBMA Hwy 99 Gateway Revitalization STM Lake Ballinger Associated Projects c436 E4FD SWR Lake Ballinger Trunk Sewer Study SWR Lift Station #1 Basin & Flow Study c461 E4GC Minor Sidewalk Program STM NPDES (Students Saving Salmon) m013 E7FG Official Street Map & Sidewalk Plan Update s025 EONA STM OVD Slope Repair & Stabilization m105 E7FA ville Creek Flow Reduction Improvements STM Perrinville Creek Recovery Study s028 E21 FC WTR Phase 11 Annual Water Utility Replacement Project WTR Phase 12 Annual Water Utility Replacement Project c558 E21JA STM Phase 2 Annual Storm Utility Replacement Project c547 SWR Phase 8 Annual Sewer Replacement Project c548 EOGA Phase 9 Annual Sewer Replacement Project c559 FAC PW Concrete Regrade & Drainage South c502 E9MA SWR Sanitary Sewer and Stormwater Pipe Rating Services c562 STM Seaview Park Infiltration Facility c479 ESFD STM _ Seaview Park Infiltration Facility Phase 2 c546 WWTP Sewer Outfall Groundwater Monitoring c446 E4HA evitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) i055 UTILITIES Standard Details Updates solo ESNA torm Drain Improvements @ 9510 232nd St. SW c495 STM Stormwater Comp Plan Update s017 E6FD STR Sunset Walkway Improvements J111111111111111hL c354 E1 DA STR Trackside Warning System c470 ESAA STR ,ni..i.,..+ e+ �..u,.. av (3rd 4th i044 E9DC PRK Waterfront Development & Restoration (Construction) c544 E7MA Waterfront Development & Restoration (Design" c496 E7MA J §§MLRK PRK Waterfront Development & Restoration (Pre - Design) m103 E7MA Willow Creek Daylighting/Edmonds Marsh Restoration c435 WWTP WWTP Outfall Pipe Modifications c481 ESHA Yost & Seaview Reservoir Assessment s026 PRK Yost Park Infiltration Facility c556 E21 FA Revised 7/29/2021 Packet Pg. 83 6.2.d PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Project Title STR EOAA i046 11111PFZ020 Guardrail Installations STR EOAB i047 2020 Traffic Signal Upgrades STR EOAC i048 2020 Traffic Calming STR EOCA i042 2020 Overlay Program STR EOCC _ i053 2020 Waterline Overlay STR EODA s024 2020 Pedestrian Task Force 2020 Pedestrian Safety Progra STR EODC i050 Citywide Bicycle Improvements Project c546_1 Seaview Park Infiltration Facility Phase 2 STM EOFB c547 Phase 2 Annual Storm Utility Replacement Project c54;K Phase 8 Annual Sewer Replacement Project WTR EOJA c549 Phase 11 Annual Water Utility Replacement Project s026 Yost & Seaview Reservoir Assessment PRK EOMA c551 Civic Center Playfield (Construction) c536 layfield (Design) GF EONA s025 Official Street Map & Sidewalk Plan Update c368 th Ave W at 212th St SW Intersection Improvements STR E1 DA c354 Sunset Walkway Improvements E20CB i052 76th Ave"veT (196th St. to OVD) STR E20CE i055 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) E20FC c552 Perrinville Creek Flow Reduction Improvemen STR E21AA i056 2021 Traffic Calming 2021 Guardrail Installations STR E21 CA i051 2021 Overlay Program 2021 Waterline Overlay Program SWR E21 CC i060 2021 Sewer Overlay Program 2021 Stormwater Overlay Program STR E21 DA i058 Elm Way Walkway from 8th Ave to 9th Ave i062 2021 Pedestrian Task Force PRK E21 FA c556 Yost Park Infiltration Facility 56 ilization STM E21 FC s028 Perrinville Creek Recovery Study 559 nnual Sewer Replacement Project SWR E21GB c562 Sanitary Sewer and Stormwater Pipe Rating Services Wr E�A c558 Phase 12 Annual Water Utility Replacement Proj WTR E21JB c561 Elm St. Waterline Replacement STR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STM E4FC c435 Willow Creek Daylighting/Edmonds Marsh Restoration E4FD c436 Lake Ballinger Associated Projects STM E4FE c455 Dayton Street Stormwater Pump Station c461 Lift Station #1 Basin & Flow Study WWTP E4HA c446 Sewer Outfall Groundwater Monitoring 4Mdmonds Fishing Pier Rehab STR ESAA c470 Trackside Warning System Revised 7/29/2021 Packet Pg. 84 6.2.d PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Project Title STR E5DB c478 Edmonds Street Waterfront Connector - E5FD c479 reaview Park Infiltration Facility SWR E5GB s011 Lake Ballinger Trunk Sewer Study qWP E5HA c481 WWTP Outfall Pipe Modifications WTR E5J13 c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) WTR E5KA c473 Five Corners Reservoir Re-coatin UTILITIES E5NA solo Standard Details Updates E6AA d� Hwy 99 Gateway Revitalization STR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion r"DA ;� 238th St. SW Walkway (Edmonds Way to Hwy 99) STR E6DD i017 Minor Sidewalk Program Stormwater Comp Plan Update AL SWR E6GB c488 Citywide CIPP Sewer Rehab Phase II 7A = Audible Pedestrian Signals STR E7AC i005 228th St. SW Corridor Improvements E7CD j025 STR E7DC i026 Citywide Pedestrian Crossing Enhancements E7FA m10 ope Repair & Stabilizatio STM E7FB c495 Storm Drain Improvements @ 9510 232nd St. SW STM E7FG m013 NPDES (Students Saving Salmon) WTR E7JA c498 2019 Waterline Replacement PRK E7MA c544 Waterfront Development & Restoration (Construction) PRK E7MA c496 Waterfront Development & Restoration (Design) E7MA Waterfront Development & Restoration (Pre - Design) STR E8AB i028 220th Adaptive i 76th Ave W & 220th St. SW Intersection Improvements STR E8CC i031 84th Ave W Overlay from 220th to 212th i033V ADA Curb Ramps STR E8DC i037 238th St. Island & Misc. Ramps s018 2018 Lorian Woods STM E8FB c521 174th St. & 71 st Ave Storm Improvements 8FC c525 2019 Storm Maintenance Project liv SWR E8GA c516 2019 Sewerline Replacement Project c523 019 Swedish Waterline Replacement UTILITIES E8J13 s020 2019 Utility Rate & GFC Update PM E8MA c282 Fourth Avenue Cultural Corridor STR E9AA i038 2019 Traffic Calming STR E9AD i045 2019 Traffic Signal Upgrades WTR E9CB i043 2019 Waterline Overlay STR i040 Admiral Way Pedestrian Crossing STR E9DC i044 Walnut St. Walkway (3rd-4th) STM E9FA s022r Ballinger Regional Facility Pre -Design FAC E9MA c502 PW Concrete Regrade & Drainage South Revised 7/29/2021 Packet Pg. 85 6.2.d PROJECT NUMBERS (By New Project Accounting Number) Engineerinq Project Project Accounting Funding Number Number Protect Title PM EBMA c282 Fourth Avenue Cultural Corridor STIR E1DA c354 Sunset Walkway Improvements STIR E1CA c368 76th Ave W at 212th St SW Intersection Improvements STIR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STM E4FC c435 Willow Creek Daylighting/Edmonds Marsh Restoration ^ vi STM E4FD c436 Lake Ballinger Associated Projects N FAC E4MB c443 Edmonds Fishing Pier Rehab E WWTP E4HA c446 Sewer Outfall Groundwater Monitoring STM E4FE c455 Dayton Street Stormwater Pump Station i SWR E4GC c461 Lift Station #1 Basin & Flow Study 3 STIR ESAA c470 Trackside Warning System tv WTR ESKA c473 Five Corners Reservoir Re -coating y Y STIR ESDA c474 Bikelink Project d t STIR ESDB c478 Edmonds Street Waterfront Connector v STM ESFD c479 Seaview Park Infiltration Facility WWTP ESHA c481 WWTP Outfall Pipe Modifications v 4- WTR ESJB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) O M STIR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) > O L SWR E6GB c488 Citywide CIPP Sewer Rehab Phase II Q STM E7FB c495 Storm Drain Improvements @ 9510 232nd St. SW Q PRK E7MA c496 Waterfront Development & Restoration (Design) N WTR E7JA c498 2019 Waterline Replacement 6 N FAC E9MA c502 PW Concrete Regrade & Drainage South ti 0 SWR EBGA c516 2019 Sewerline Replacement Project d STM EBFB c521 174th St. & 71st Ave Storm Improvements E WTR EBJA c523 2019 Swedish Waterline Replacement Z STM E8FC c525 2019 Storm Maintenance Project p L PRK EOMA c536 Civic Center Playfield (Design) d PRK E7MA c544 Waterfront Development & Restoration (Construction) to STM EOFA c546 Seaview Park Infiltration Facility Phase 2 >+ STM EOFB c547 Phase 2 Annual Storm Utility Replacement Project rr d 3 SWR EOGA c548 Phase 8 Annual Sewer Replacement Project WTR EOJA c549 Phase 11 Annual Water Utility Replacement Project L ILL PRK EOMA c551 Civic Center Playfield (Construction) N STM E20FC c552 Perrinville Creek Flow Reduction Improvements j_ t PRK E21 FA c556 Yost Park Infiltration Facility R WTR E21JA c558 Phase 12 Annual Water Utility Replacement Project r Q SWR E21 GA c559 Phase 9 Annual Sewer Replacement Project STM E21 FIB c560 175th St. SW Slope Stabilization WTR E21JB c561 Elm St. Waterline Replacement SWR E21GB c562 Sanitary Sewer and Stormwater Pipe Rating Services STIR E7AC i005 228th St. SW Corridor Improvements STIR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion STIR E6DD i017 Minor Sidewalk Program STIR E7AB i024 Audible Pedestrian Signals Revised 7/29/2021 Packet Pg. 86 6.2.d PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accounting Funding Number Number Project Title STIR E7CD i025 89th PI W Retaining Wall STIR E7DC i026 Citywide Pedestrian Crossing Enhancements STIR EBAB i028 220th Adaptive STIR EBCA i029 76th Ave W & 220th St. SW Intersection Improvements STIR EBCC i031 84th Ave W Overlay from 220th to 212th STIR EBDB i033 ADA Curb Ramps STIR EBDC i037 238th St. Island & Misc. Ramps STIR E9AA i038 2019 Traffic Calming STIR E9DA i040 Admiral Way Pedestrian Crossing STIR EOCA i042 2020 Overlay Program WTR E9CB i043 2019 Waterline Overlay STIR E9DC i044 Walnut St. Walkway (3rd-4th) STIR E9AD i045 2019 Traffic Signal Upgrades STIR EOAA i046 2020 Guardrail Installations STIR EOAB i047 2020 Traffic Signal Upgrades STIR EOAC i048 2020 Traffic Calming STIR EODB i049 2020 Pedestrian Safety Program STIR EODC i050 Citywide Bicycle Improvements Project STIR E21 CA i051 2021 Overlay Program STIR E20CB i052 76th Ave Overlay (196th St. to OVD) STIR EOCC i053 2020 Waterline Overlay STIR E20CE i055 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) STIR E21AA i056 2021 Traffic Calming STR E21AB i057 2021 Guardrail Installations STIR E21 DA i058 Elm Way Walkway from 8th Ave to 9th Ave WTR E21 CB i059 2021 Waterline Overlay Program SWR E21 CC i06o 2021 Sewer Overlay Program STM E21CD i061 2021 Stormwater Overlay Program STIR E21 DB i062 2021 Pedestrian Task Force STM E7FG m013 NPDES (Students Saving Salmon) PRK E7MA m103 Waterfront Development & Restoration (Pre - Design) STM E7FA m105 OVD Slope Repair & Stabilization UTILITIES ESNA solo Standard Details Updates SWR ESGB s0l l Lake Ballinger Trunk Sewer Study STIR E6AA s014 Hwy 99 Gateway Revitalization STM E6FD s017 Stormwater Comp Plan Update STM EBFA s018 2018 Lorian Woods Study UTILITIES EBJB s020 2019 Utility Rate & GFC Update STM E9FA s022 Ballinger Regional Facility Pre -Design STIR EODA s024 2020 Pedestrian Task Force GF EONA s025 Official Street Map & Sidewalk Plan Update WTR EOJB s026 Yost & Seaview Reservoir Assessment STM E21 FC s028 Perrinville Creek Recovery Study Revised 7/29/2021 Packet Pg. 87 6.2.d PROJECT NUMBERS (By Funding) Project Engineering Accounting Project Funding Project Title Number Number FAC Edmonds Fishing Pier Rehab c443 E4MB FAC PW Concrete Regrade & Drainage South c502 E9MA GF Official Street Map & Sidewalk Plan Update s025 EONA PM Fourth Avenue Cultural Corridor c282 EBMA PRK Civic Center Playfield (Construction) c551 EOMA ^ N PRK Civic Center Playfield (Design) c536 EOMA PRK Waterfront Development & Restoration (Construction) c544 E7MA E PRK Waterfront Development & Restoration (Design) c496 E7MA M CL PRK Waterfront Development & Restoration (Pre - Design) m103 E7MA L_ PRK Yost Park Infiltration Facility c556 E21 FA 3 STM 174th St. & 71 st Ave Storm Improvements c521 EBFB STM 175th St. SW Slope Stabilization c560 E21 FB Y c� STM 2018 Lorian Woods Study s018 EBFA STM 2019 Storm Maintenance Project c525 EBFC v STM 2021 Stormwater Overlay Program i061 E21 CD STM Ballinger Regional Facility Pre -Design s022 E9FA ,F O STM Dayton Street Stormwater Pump Station c455 E4FE - STM Lake Ballinger Associated Projects c436 E4FD p L STM NPDES (Students Saving Salmon) m013 E7FG Q' sZ STM OVD Slope Repair & Stabilization m105 E7FA Q STM Perrinville Creek Flow Reduction Improvements c552 E20FC N STM Perrinville Creek Recovery Study s028 E21 FC N STM Phase 2 Annual Storm Utility Replacement Project c547 EOFB p STM Seaview Park Infiltration Facility c479 ESFD d STM Seaview Park Infiltration Facility Phase 2 c546 EOFA E STM Storm Drain Improvements @ 9510 232nd St. SW c495 E7FB M Z STM Stormwater Comp Plan Update s017 E6FD .F STM Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC IL N STR 2019 Traffic Calming i038 E9AA N STR 2019 Traffic Signal Upgrades i045 E9AD c STR 2020 Guardrail Installations i046 EOAA d 3 STR 2020 Overlay Program i042 EOCA N L STR 2020 Pedestrian Safety Program i049 EODB ILL STR 2020 Pedestrian Task Force s024 EODA N STR 2020 Traffic Calming i048 EOAC t STR 2020 Traffic Signal Upgrades i047 EOAB U STR 2021 Guardrail Installations i057 E21AB r Q STR 2021 Overlay Program i051 E21 CA STR 2021 Traffic Calming i056 E21AA STR 228th St. SW Corridor Improvements i005 E7AC STR 238th St. Island & Misc. Ramps i037 EBDC STR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB STR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA STR 76th Ave Overlay (196th St. to OVD) i052 E20CB STR 76th Ave W & 220th St. SW Intersection Improvements i029 EBCA Revised7/29/2021 Packet Pg. 88 6.2.d PROJECT NUMBERS (By Funding) Project Engineering Accounting Project Funding Project Title Number Number STR 76th Ave W at 212th St SW Intersection Improvements c368 ElCA STR 84th Ave W Overlay from 220th to 212th 031 EBCC STR 89th PI W Retaining Wall i025 E7CD STR ADA Curb Ramps i033 EBDB STR Admiral Way Pedestrian Crossing i040 E9DA STR Audible Pedestrian Signals i024 E7AB STR Bikelink Project c474 ESDA STR Citywide Bicycle Improvements Project i050 EODC STR Citywide Pedestrian Crossing Enhancements i026 E7DC STR Citywide Protected/Permissive Traffic Signal Conversion i015 E6AB STR Edmonds Street Waterfront Connector c478 ESDB STR Elm Way Walkway from 8th Ave to 9th Ave i058 E21 DA STR Hwy 99 Gateway Revitalization s014 E6AA STR Minor Sidewalk Program 017 E6DD STR SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) 055 E20CE STR Sunset Walkway Improvements c354 E1 DA STR Trackside Warning System c470 ESAA STR Walnut St. Walkway (3rd-4th) i044 E9DC STR 2021 Pedestrian Task Force 061 E21 DB STIR 2020 Waterline Overlay i053 EOCC STR 220th Adaptive i028 EBAB SWR 2019 Sewerline Replacement Project c516 EBGA SWR 2021 Sewer Overlay Program i060 E21 CC SWR Citywide CIPP Sewer Rehab Phase II c488 E6GB SWR Lake Ballinger Trunk Sewer Study s0l l ESGB SWR Lift Station #1 Basin & Flow Study c461 E4GC SWR Phase 8 Annual Sewer Replacement Project c548 EOGA SWR Phase 9 Annual Sewer Replacement Project c559 E21 GA SWR Sanitary Sewer and Stormwater Pipe Rating Services c562 E21GB UTILITIES 2019 Utility Rate & GFC Update s02O EBJB UTILITIES Standard Details Updates solo ESNA WTR 2019 Swedish Waterline Replacement c523 EBJA WTR 2019 Waterline Overlay i043 E9CB WTR 2019 Waterline Replacement c498 E7JA WTR 2021 Waterline Overlay Program i059 E21CB WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 ESJB WTR Elm St. Waterline Replacement c561 E21JB WTR Five Corners Reservoir Re -coating c473 ESKA WTR Phase 11 Annual Water Utility Replacement Project c549 EOJA WTR Phase 12 Annual Water Utility Replacement Project c558 E21JA WTR Yost & Seaview Reservoir Assessment s026 EOJB WWTP Sewer Outfall Groundwater Monitoring c446 E4HA WWTP WWTP Outfall Pipe Modifications c481 ESHA Revised 7/29/2021 Packet Pg. 89 6.3 City Council Agenda Item Meeting Date: 08/3/2021 Acknowledge receipt of a Claim for Damages from Allen, Julia Staff Lead: NA Department: Administrative Services Preparer: Marissa Cain Background/History N/A Staff Recommendation Acknowledge receipt of a Claim for Damages from Julia Allen Narrative Julia Allen 1029 Bell St ($138.00) Attachments: Claim for Damage - Bell St Water Line Project - for council Packet Pg. 90 6.3.a CITY OF EDMONDS CLAIM FOR DAMAGES FORM Date Claim Form Received by City Please take note that I W N Al ` e 1 , who currently resides at , mailing address home phone # 1 phone # and who resided at {_, at the time of the occurrence and whose date of birth is is claiming damages against 5 �.i C 0 in the sum of $ 13v+ Q arising out of the followin ircumstances list belpw. aa)i als Cif VYt CC n (Dr' r P�11 S+ wdStir r��, v-eP vaceWdv'1t- i k t M DATE OF OCCURRENCE: TIME: o f° g ° 4�`Sp Vy\ LOCATION OF OCCURRENCE: Imk Za, S'rlj G mLYas W A 112Ca , o DESCRIPTION: 'E 661 S- I,tokr IiM Re,Plc4UmMt Pale& U 1. Describe the conduct end circumstance thatprought about the injury or damage. Also describe the injury or damage. 1 (attach an extra sheet for additional information, if needed) Was 44,oN "mAci.��.'a.�gcwn • , 2. Provide a list of witn7sse if applicable, to the occur nce includin names, addresses, and phone numbers. ekes 0I 14 i � _ l 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estirpates for repair. 4. Have you submitted a claim for damages to your insurance company? Yes _X_ No If so, please provide the name of the insurance company: and the policy #: License Plate # Type Auto: _ "` ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY " Driver License # (year) (make) (model) DRIVER: OWNER: Address: Address: Phone#: Phone#: Passengers: Name: Name: Address: Address: Form Revised 04/09/2021 Page t of 2 Packet Pg. 91 6.3.a This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a court -approved guardian or guardian ad litem on behalf of the Claimant. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signature o Claimant Date and place (residential address, city and county) Or Signature of Representative Date and place (residential address, city and county) Print Name of Representative Bar Number (if applicable) Please present the completed claim form to: City Clerk's Office City of Edmonds 121 5ch Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. Form Revised 04/09/2021 Page 2 of 2 U) a� a� E R 0 0 4- E U Packet Pg. 92 6.4 City Council Agenda Item Meeting Date: 08/3/2021 Board/Commission Appointment Staff Lead: Rob Chave Department: Mayor's Office Preparer: Carolyn LaFave Background/History The Historic Preservation Commission currently has 4 open positions. Two of those positions are Professionals. Ms. Doyon has applied for one of the open Professional positions. Staff Recommendation Confirm Mayor Nelson's appointment of Ms. Annie Doyon to the Historic Preservation Commission position #1 Professional. Narrative Mayor Nelson interviewed Ms. Doyon for one of the open professional positions on the HPC and believes that her education and experience makes her an excellent candidate for this position. Packet Pg. 93 7.1 City Council Agenda Item Meeting Date: 08/3/2021 Resolution adopting Council Rules of Procedure Staff Lead: City Clerk Department: City Clerk's Office Preparer: Scott Passey Background/History In 2013, the City Council passed Resolution No. 1295, which adopted Robert's Rules of Order as its parliamentary authority for the conduct of City Council meetings. In December 2013, the Council passed Resolution No. 1306 adopting a Code of Conduct and in June 2015, the Council approved a Code of Ethics by motion. On January 25, 2021, the Council adopted a new Code of Conduct by motion. On April 6, 2021, the Council passed Resolution 1470, which established that the Council adopted its own Code of Conduct separate from that which applies to the Mayor and members of City boards, commissions, committees, and work groups. The proposed Rules of Procedure and the Code of Conduct were presented and discussed on February 4, 2020, January 26, 2021, and April 6, 2021. On April 6, a motion was passed to table consideration of the draft Rules of Procedure for a period of three weeks. The draft rules were scheduled on the June 1, 2021 council agenda, but consideration was postponed due to lack of time. For comparison purposes, prior drafts of the rules of procedure are included in the online Council meeting packets of February 4, 2020 and March 3, 2020. Staff Recommendation Pass resolution adopting Council Rules of Procedure. Narrative Because Resolution No. 1295 is limited to parliamentary procedure in the context of Council meetings, such rules do not address many other processes and procedures in the conduct of City business. It is thought that a more comprehensive set of rules would provide greater understanding and transparency about the roles, rights, and responsibilities of councilmembers and facilitate the orderly conduct of business within the context of council meetings. The draft rules of procedure encompass detailed information about Council organization, duties of officers, agenda preparation, meeting management, consent agenda, public testimony, decorum, and so forth. The draft also includes Council's recent adoption of a Code of Conduct as Section 6 in order to consolidate all applicable rules into one document. It is important to note that many provisions of these rules of procedure are already governed by other codes, statutes, and rulings. Any provision that is footnoted with a citation to the Revised Code of Washington (RCW), the Edmonds City Code (ECC), or other statute or ruling is included for ease of reference only and is not intended to be adopted as a rule because it already constitutes governing law. Packet Pg. 94 7.1 Provisions that are not footnoted with a citation to the RCW or ECC are adopted by City Council resolution as the Council's procedural rules and may be amended at any time by subsequent resolution. Prio Attachments: Resolution 1295 Resolution 1306 Code of Conduct CODE—OF—ETHICS-1 Resolution 1470 E020420 E012621 E040621 Resolution adopting Rules of Procedure Exhibit A - Council Rules of Procedure Packet Pg. 95 RESOLUTION OF i OF OF r • r WASHINGTON, REPEALING RESOLUTION NO. RULES OF PROCEDURE• r OF • ADOPTING`#: OF ORDER it i THE CITY • OF "i r ' WHEREAS, the city council adopted Resolution No.- 292 in 1974, which adopted rules of procedure for conduct of council meetings; and WHEREAS, it has been recommended that thecitycouncil use Robert's Rules of Order with modifications identified by the city council, now therefore, Section 1. REPEALERResolution No. 292 is hereby repeale& Section ii • OF O ,. council•v adopts Robert'sof Order Newly Revised, 1 11h Edition,official rules forconducting •meetings. councila official serving as parliamentarian should consult this versionof Robert's Rules when asked to provide guidance on a procedural question. City council members wishing to use a shorter version of Robert's Rules for their own convenience should use Robert's Rules of Order In Brief, but the council does not recognize this volume as an authority nor as the Section 1 MODIFICATIONS TO ROBERT'S RULE& The city council hereby adopts the following modifications to the Robert's Rules of Order Newly Revised, 11 ffi Edition: 1. Contrary to the'** footnote on Page 35 and first bullet point on page 488, motions before the city council must be seconded. 2. Contrary to page 43, line 23 of Robert's Rules of Order, the Mayor participates in discussion and debate only with the permission of the Council and does not make motions. Tiebreaker votes by the Mayor will be as provided by Washington State law. SectionR r. Any matter of order or procedure n• • - • by modifications •rth in this resolution shall be - •-■ by presiding pursuant to state law, city ordinance, and Robert's Rules of Order Newly Revised, 11' edition (in that order of priority),and advice of • Packet Pg. 96 Section 5. EFFECTIVE DATE. Robert's Rules of Order as modified in Section 3 wiIJic-thr. • rules • procedure for the conduct of council meetings effective August 6, 2013. CITY OF EDMONDS 00, —ap-� MAYOR, DAVID O. EARLING . ......... . . CITY CLERK, SAND RA CHASE FILED WITH THE CITY CLERK: 07-12-2013 PASSED BY THE CITY COUNCIh 07-16-2013 RESOLUTION NO. 1295 I Packet Pg. 97 RESOLUTION NO: 1306 A RESOLUTION OF THE EDMONDS CITY COUNCIL IMPLEMENTING A CODE OF CONDUCT FOR THE MAYOR, COUNCILMEMBERS, AND ALL MEMBERS OF CITY BOARDS, COMMISSIONS, COMMITTEES, OR WORK GROUPS. WHEREAS, the City Council finds that City business should be conducted publicly, in an atmosphere of respect and civility, NOW, THEREFORE, BE IT RESOLVED, the following Code of Conduct is adopted and shall apply to the Mayor, City Councilmembers, and members of all City Boards, Commissions, or work groups. In the course of their duties, all group leaders will: 1) provide all members a fair opportunity to participate, 2) not permit any member to dominate proceedings or intimidate other members, and 3) not permit any disrespectful behavior toward participants. In the course of their duties, all participants, including leaders, will: 1) respect the individual talents and contributions of others, 2) avoid offensive comments and behavior, 3) avoid intimidating comments and behavior, 4) listen courteously and attentively, 5) conduct public business in an open and transparent manner, 6) assist leaders in ensuring fair treatment of all members, and 7) assist leaders in controlling disrespectful or intimidating behavior. When speaking officially, all leaders and members will respectfully convey the position of their group. When speaking personally, all leaders and members will disclose that their comments are their own, and not made as a representative of their group. This Resolution shall take effect immediately upon its adoption. Adopted this 10th of December, 2013. ATTESTI -NTICA CITY C K, SCOTT PASSEY FILED WITH THE CITY CLERK: December 6, 2013 PASSED BY THE CITY COUNCIL: December 10, 2013 RESOLUTION NO: 1306 Packet Pg. 98 7.1.c CODE OF ETHICS The purpose of the Edmonds Code of Ethics is to strengthen the quality of government through ethical principles which shall govern the conduct of elected officials and appointed citizen volunteers serving in an official capacity (i.e. Boards and Commissions). We shall: • Be dedicated to the concepts of effective and democratic government. • Affirm the dignity and worth of the services rendered by government and maintain a sense of social responsibility. • Be dedicated to the highest ideals of honor and integrity in all public and personal relationships. • Recognize that the chief function of local government at all times is to serve the best interest of all the people. • Keep the community informed on municipal affairs and encourage communications between the citizens and all municipal officers. Emphasize friendly and courteous service to the public and each other; seek to improve the quality of public service, and confidence of citizens. • Seek no favor; do not personally benefit or profit by confidential information or by misuse of public resources. • Conduct business of the city in a manner which is not only fair in fact, but also in appearance. Approved by the Edmonds City Council on 06-02-2015. Packet Pg. 99 7.1.d RESOLUTION NO: 1470 A RESOLUTION OF THE EDMONDS CITY COUNCIL REPEALING RESOLUTION 1306 AND IMPLEMENTING A CODE OF CONDUCT FOR THE MAYOR AND ALL MEMBERS OF CITY BOARDS, COMMISSIONS, COMMITTEES, OR WORK GROUPS. WHEREAS, the City Council finds that City business should be conducted publicly, in an atmosphere of respect and civility; and WHEREAS, the City Council has adopted its own Code of Conduct; and WHEREAS, the City Council Code of Conduct makes the references to the City Council in Resolution 1306 unnecessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1: Resolution 1306 is repealed. Section 2. The following Code of Conduct is adopted and shall apply to the Mayor and members of all City Boards, Commissions, or work groups. In the course of their duties, all group leaders will: 1) provide all members a fair opportunity to participate, 2) not permit any member to dominate proceedings or intimidate other members, and 3) not permit any disrespectful behavior toward participants. In the course of their duties, all participants, including leaders, will 1) respect the individual talents and contributions of others, 2) avoid offensive comments and behavior, 3) avoid intimidating comments and behavior, 4) listen courteously and attentively, 5) conduct public business in an open and transparent manner, 6) assist leaders in ensuring fair treatment of all members, and 7) assist leaders in controlling disrespectful or intimidating behavior When speaking officially, all leaders and members will respectfully convey the position of their group. When speaking personally, all leaders and members will disclose that their comments are their own, and not made as a representative of their group. This Resolution shall take effect immediately upon its adoption. RESOLVED this 61h day of April, 2021. A4e /10-0�t/�/' .; miKONELSON, MAYOR Packet Pg. 100 7.1.d ATTEST/AUTHENTICATED: CITY"G°LERK, SCOTT7AS Y FILED WITH THE CITYCLERK: April 2, 2021 PASSED BY THE CITY COUNCIL. April 6, 2021 RESOLUTION NO: 1470 a Packet Pg. 101 7.1.e recognized another potential reason to have lodging in proximity to the waterfront environment was rental events at the Waterfront Center. He did not envision a hotel of greater than 40-50 rooms could be accommodated in any of the existing buildings. A hotel would complement activities on waterfront. Councilmember Buckshnis suggested obtaining hotel vacancy rates from the existing waterfront hotel, especially in the summer months. Councilmember Distelhorst observed there hasn't been any specific interest in the past couple years about repurposing an existing building. Mr. Doherty said there was an inquiry a couple years ago when one of the buildings was for sale; a potential purchaser was interested in the possibility of a hotel if it were allowed. No one has specifically identified a building for purchase for a hotel. There was an inquiry in November whether hotels were allowed in the waterfront area; he told them no, but that it would be considered in 2020. 3. RESOLUTION ADOPTING COUNCIL RULES OF PROCEDURE City Clerk Scott Passey explained after the election, he met with the Mayor and new Councilmembers to discuss City processes. Those discussions included ways to promote more understanding and cooperative working relationships and he mentioned the Rules of Procedure that the Shoreline City Council adopted. The draft rules are based on Shoreline's rules and modified to fit Edmonds. In Shoreline, these rules facilitated mutual understanding about procedures as well as promoted collegiality and cooperative interaction among Councilmembers, the Mayor and Staff. For the most part, the rules articulate processes the City already follows but there are a few changes. Tonight is an introduction; the packet includes a resolution to adopt the rules. Councilmember Buckshnis recalled financial policies were adopted via resolution and posted on the City's website. She suggested doing the same with the Council Rules of Procedure. Councilmember Olson suggested reviewing the Rules of Procedure sequentially. Councilmember L. Johnson said as a new Councilmember, she needed something to help her understand 2 the processes. Updated, comprehensive rules of procedure will provide clear direction on how the Council should conduct business. She suggested posting it on the City Council's webpage so constituents are clear regarding procedures. N 0 Councilmember Paine said the Rules of Procedure are wonderful and it will be nice to know the rules of N 0 the road. She particularly liked the addition of behavior outside Council Chambers. w c It was the consensus of the Council to schedule 60 minutes on a future agenda to review the proposed Rules E of Procedure section by section. Councilmembers were encouraged to send questions to Mr. Passey in advance. a 9. MAYOR'S COMMENTS Mayor Nelson reported at approximately 5 a.m. today, a gentleman turned onto an access road that paralleled the BNSF train tracks at the Dayton intersection and his truck was sideswiped by a train. Mayor Nelson said he asked Public Works to contact BNSF to request a barrier or signage to prohibit future access to the road. As a temporary measure, Public Works has erected temporary barriers. 10. COUNCIL COMMENTS Edmonds City Council Approved Minutes February 4, 2020 Page 12 Packet Pg. 102 7.1.f with Mr. Taraday; there is nothing the Council would run afoul of as far as policy. What the Council is considering is outside of current policy which is why the Council is addressing it via an employment agreement rather than current policy. The Council can choose to compensate Mr. Lawless in the manner they wish to and there is no issue as long as it is within the pay band established for the Police Chief. With regard to Council President Paine's question, Ms. Neill Hoyson said the additional compensation for 6 months for 2 steps rather than 1 step would be $4,187. Councilmember Buckshnis relayed her understanding of Councilmember K. Johnson's motion was to increase Acting Chief Lawless from Range 22 Step 5 to Range 22 Step 7. Ms. Neill Hoyson agreed that was how she understood Councilmember K. Johnson's motion, rather than a 1-step increase to take him to Step 6, a 2-step increase to Step 7. Councilmember Buckshnis relayed her support for that motion. Councilmember Distelhorst asked if he could withdraw his motion or should it be handled in the way Mr. Passey previously stated. Mr. Passey advised it would be in order to withdraw the motion. COUNCILMEMBER DISTELHORST WITHDREW THE MOTION WITH THE AGREEMENT OF THE SECOND. Councilmember K. Johnson said she believed this Council owed a debt of gratitude to Acting Chief Lawless. This would be one way in which the Council could express that gratitude while still acknowledging that the City was headed on new path for a Police Chief. UPON ROLL CALL, MOTION CARRIED UNANIMOUSLY, COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, OLSON, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES. 2. COUNCIL CODE OF CONDUCT (Previously Consent Agenda Item 6.2) COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND 6.2.A TO REMOVE "AVOIDING AGGRESSIVE" SO THAT THE SECTION READS "USING RESPECTFUL LANGUAGE AND TONES." Council President Paine recalled this had been voted on at the last meeting and questioned what had changed. Councilmember Buckshnis answered nothing had changed, she and Councilmember Olson r discussed this due to her concern this was extremely subjective and Councilmember Olson suggested she N present it to Council for consideration. Councilmember Buckshnis said aggressive tones can be defined in c many different ways. She was concerned the new code of conduct was very subjective and the most w subjective was aggressive tones. She observed Councilmembers, the Mayor and others can say someone c is using aggressive tones because it is a question of definition. E z Councilmember Fraley-Monillas said use of aggressive tones has been one of issues the Council has had in the last 1'/2 years. She agreed it was subjective, but it would be up to Council to decide whether they a believed an aggressive tone was used or perhaps it was the individual themselves. She did not support this amendment to the code of conduct. Councilmember Olson recalled one of things the subcommittee discussed and was included in the finishing language of the code of conduct was that it be something the whole body was behind. In the final analysis, if this such a sticking point and something that members were significantly opposed to, it would be better for the order to remove that item. She expressed support for removing the language. Councilmember K. Johnson suggested the phrase begin with "use" rather than "using" as that was correct grammar. She preferred the statement read, "use respectful language." Unless someone can provide an Edmonds City Council Approved Minutes January 26, 2021 Page 5 Packet Pg. 103 7.1.f example of an aggressive tone used in the last year or the problem this language seeks to solve, it was her opinion that no one had been beyond the range of appropriate behavior. Council President Paine pointed out the Council had just approved the minutes that included the discussion from last week; there was a 3-4 vote on this same amendment last week. She questioned whether this motion was proper. She heard what Councilmembers were saying, but the Council voted to include "avoiding aggressive." Mayor Nelson asked Mr. Passey if the motion was proper. Mr. Passey advised Councilmember have the right to pull items from Consent because it implies unanimous consent; items can be pulled for a separate vote. Councilmember Olson asked for clarification, if a specific element had been voted on during a previous meeting, it can be revisited by pulling it from the Consent Agenda and voting again. Mayor Nelson said that was his understanding. Councilmember Distelhorst said he hears the conversation and was surprised. Being respectful and civil along with other language in the code of conduct about inflammatory and insulting language, conduct and decorum was expected of the Council, in business or in a volunteer organization. He hoped that everyone could follow that language and decorum. He worried when conversations strayed into what has happened in the past, as one of the goals of the subcommittee was to have a global document that was not based on past experience but a document that would apply now as well as in the future and keep Council in its conduct focused on policy, decorum and working toward solutions. He was struggling slightly, especially with the self -enforcing nature of the document; he did not expect that Councilmember would continually be sending emails entitled code of conduct reminder, but rather that this would be a self -reference guide much the same as the Council uses Robert's Rules of Order. Councilmember Buckshnis said this new code of conduct is too subjective, it sets the stage for retribution n by a simple majority and can create a tribunal setting. Resolution 1306 that covered the Mayor, Council, -°a boards and commissions and working groups was sufficient despite the fact the reason for this new code M of conduct was never stated. In her opinion, the reason to divert to this very subjective and expansive c code of conduct was to define that Councilmembers can put themselves in jeopardy, particularly those in the minority and she has seen that happen. She did not support this code of conduct because it was far too w subjective and the biggest issue was the reference to aggressive tones. She pointed out that is not addressed in Robert's Rules and she preferred Resolution 1306. T N to cm Councilmember Distelhorst pointed out Robert's Rules of Order, which the Council has previously adopted, includes a chapter on tribunals and trials of Councilmembers and, therefore, it was not w contemplated in the code of conduct. The subcommittee had not considered that other than recognizing it existed in Robert's Rules. z UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS, AND OLSON VOTING YES; AND COUNCILMEMBERS DISTELHORST, Q FRALEY-MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO STRIKE "THE CITY ATTORNEY" IN THE CHAPTER HEADING OF 6.2, SO IT READS, "CONDUCT WITH CITY STAFF, Tuz+ CITY ATTORNEY AND THE COUNCIL LEGISLATIVE ASSISTANT." Councilmember Fraley-Monillas said she thought that had been done last week. Councilmember Distelhorst answered it was removed from 6.2.13, but not from the title of 6.2. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes January 26, 2021 Page 6 Packet Pg. 104 7.1.f COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO STRIKE UNDER 6.E THE LAST WORDS, "OR OTHERWISE INTRUDING ON THE CITY'S ADMINISTRATIVE FUNCTIONS." Councilmember K. Johnson said this was too broad a statement. It is the Mayor prerogative to tell the Council what they can and can't do. Councilmember Fraley-Monillas said this language provides clarity to the Council's responsibilities. She received more complaints last year regarding Council's abrupt interaction with staff such as walking into offices and demanding staff do certain things. This clarifies for Council that that is not their role. She encouraged Councilmembers to vote against removing this language. UPON ROLL CALL, MOTION FAILED (2-5), COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS VOTING YES; AND COUNCILMEMBERS DISTELHORST, FRALEY- MONILLAS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. COUNCILMEMBER K. JOHNSON MOVE, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO STRIKE 6.3.E, THAT DISCUSSES WHEN ATTENDING A NON -CITY SPONSORED EVENT, MEETING, CONFERENCE OR OTHER ACTIVITY, COUNCILMEMBERS SHALL DO SO IN AN INDIVIDUAL CAPACITY ONLY. Councilmember K. Johnson explained when she attends many events, she is there because she is a City Councilmember and is expressing that point of view. She is not there as Kristian Johnson, citizen of the City of Edmonds, but as an Edmonds City Councilmember. She said her experience should provide some weight to this. Due to COVID, many Councilmember have not had the experience of going to meetings, conferences or other activities, but she guaranteed when they attended, they were there as a Councilmember, not as an individual. Council President Paine commented she reads 6.3.E differently, to her that sentence means a person is acting as their own self as a Councilmember and not representing the full Council and she believed that was the interpretation during abundant discussion last week. This same motion was made last week and the situation has not changed. She did not support deleting that section. T Councilmember Distelhorst said he had the same understanding, recalling a lengthy discussion last week m cm where the section was reworded to make it clearer. Including "Councilmembers shall do so" clarified that a Councilmember was representing themselves as an individual Councilmember and not the Council as a w body. What the maker of the motion stated is consistent with the language in this section; a Councilmember represents themselves as a Councilmember, but were not representing the Edmonds City E Council. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. Q JOHNSON, TO AMEND 6.3.E, TO READ "...SHALL DO SO IN AN INDIVIDUAL COUNCILMEMBER CAPACITY ONLY...". UPON ROLL CALL, AMENDMENT CARRIED (6-1) COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, OLSON, BUCKSHNIS, AND L. JOHNSON VOTING YES; AND COUNCIL PRESIDENT PAINE VOTING NO. COUNCILMEMBER K. JOHNSON WITHDREW THE MOTION WITH THE AGREEMENT OF THE SECOND. Edmonds City Council Approved Minutes January 26, 2021 Page 7 Packet Pg. 105 7.1.f Councilmember Fraley-Monillas commented during the BLM rally, a Councilmember spoke and indicated they were representing the City which can lead to a dangerous situation. This amendment may resolve that. 8. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE CODE OF CONDUCT AS AMENDED. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS VOTING NO. COUNCIL LEGISLATIVE/EXECUTIVE ASSISTANT EMPLOYMENT AGREEMENT AMENDMENT #2 HR Director Jessica Neill Hoyson explained this is an amendment to the employment agreement with Maureen Judge that addresses her continued employment for 2021. As with past renewals of this employment contract, it goes from February 1 of the current year through January 31 of the following year. Her evaluation may have been completed; if not, the Council can still choose to proceed with the agreement. Councilmember Buckshnis appreciated administration drafting the employment agreement and asked whether that was a legislative role that should be handled by the Council President. Council President Paine explained said she asked Ms. Neill Hoyson to put this on the Council's agenda and make the presentation about the changes to the contract to ensure it was in compliance with standard practices for Non -Represented employees. Councilmember K. Johnson recalled as a contract employee previously, Ms. Judge did not have benefits. M Ms. Neill Hoyson answered she is a full-time regular employee and receives benefits in the same manner c as other Non -Represented employees. Councilmember K. Johnson agreed that was proposal, and asked whether she received benefits in the past or was she strictly a contract employee without benefits. Ms. Neill Hoyson answered it appears she has always had access to City benefits. The one difference in her contract is she accrues vacation leave at a higher rate than a Non -Represented employee based on years of r service; she accrues leave at 10 hours/month which is higher than she would receive based on her years of N service if she were a regular Non -Represented, non -contracted employees. There is no proposed change to c that in the proposed agreement amendment. w c Councilmember Fraley-Monillas recalled the Council previously agreed to provide the E legislative/administrative assistant a higher leave rate versus a higher salary. Her evaluation has not been completed but is in process. She has heard only good things about the Council's legislative/administrative assistant. This last year has been monumental due to her assisting with the training of four new a Councilmember during a pandemic. Ms. Judge has put energy into making everyone feel welcome and assisted and her evaluation will reflect that. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE AMENDMENT #2 TO THE EMPLOYMENT AGREEMENT FOR LEGISLATIVE/EXECUTIVE ASSISTANT TO CITY COUNCIL. MOTION CARRIED UNANIMOUSLY. 2. INTRODUCTION DRAFT TREE REGULATIONS AND SUBDIVISION CODE AMENDMENT Edmonds City Council Approved Minutes January 26, 2021 Page 8 Packet Pg. 106 7.1.g Councilmember Fraley-Monillas said she was uncomfortable with the proposed change and did not understand the reason for incorporating 1306 in 1470. Adopting a new resolution makes it clearer. Councilmember Distelhorst said that language remains in Resolution 1470. The only changes are the redlined text at the beginning, removing the City Council. He recalled the intent was to establish a separate Code of Conduct for the City Council and then remove the City Council from Resolution 1306 via adoption of Resolution 1470 to avoid the City Council being covered by two codes and making it clear for Council that there is one Code of Conduct and one Code of Ethics for the City Council. Resolution 1470 adopts a Code of Conduct for the parties referenced in the resolution. All the language in Resolution 1470 is applicable to the parties mentioned in Section 2 of the resolution; the only change is removing the City Council. Council President Paine said she was also confused by the motion. Resolution 1470 simply removes the City Council from this Code of Conduct. She expressed support for the resolution as proposed. Councilmember K. Johnson said she was not suggesting that Resolution 1470 be changed; this is the new Code of Conduct for the Mayor and members of all City Boards, Commissions or work groups. It used to include Councilmembers so she was suggesting the language in the resolution be incorporated into the new Code of Conduct for Councilmembers. As a member of the subcommittee, Councilmember Olson assured those elements were represented in the Council's Code of Conduct. She asked for clarification that the Code of Ethics had not changed with regard to its applicability to Council. Councilmember Distelhorst indicated it had not. Council President Paine suggested this motion was better in the next discussion as this agenda item is related to the resolution. COUNCILMEMBER K. JOHNSON WITHDREW THE MOTION WITH THE AGREEMENT OF SECOND. MOTION CARRIED (6-1), COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBER K. JOHNSON ABSTAINING. T- N 2. RESOLUTION ADOPTING COUNCIL RULES OF PROCEDURE o 0 As Items 8.3 and 8.4 were very citizen related versus 8.3 which was Council related, Councilmember w Buckshnis suggested this item be moved to 8.4. E Council President Paine suggested this item would not take more than 60 minutes and the Council could then consider the agenda items related to hazard pay and Walkable Main. a City Clerk Scott Passey recalled these Council Rules of Procedure were introduced over a year ago, but due to the pandemic and other competing priorities, they fell by the wayside. These rules are fairly comprehensive and go beyond parliamentary procedures. While they continue to recognize Robert's Rules of Order as the parliamentary authority for Council meetings, they provide additional clarity about Council organization, duties of officers, agenda preparation, public comment and decorum, conduct, etc. The Council's recent approval of a Code of Conduct has been incorporated as Section 6. The rules are also footnoted; the footnotes are to City codes and state laws and other applicable rules and are consistent with other statutes and precedents. For the most part, the rules articulate the rules the Council already follows. It is useful to document the processes in one place for the Council's benefit as well as City staff and the public so everyone understands the ground rules under which the Council operates. Edmonds City Council Approved Minutes April 6, 2021 Page 11 Packet Pg. 107 7.1.g Mr. Passey explained there are some provisions that may constitute a change in the status quo. In those instances, he felt the change would facilitate understanding, improve process and lay a foundation for orderly meetings. There is a provision for a regular review of the rules and the rules can be amended whenever the Council wishes. There is also flexibility to suspend the rules for a particular situation as long as the rule is not governed by other laws or statutes or a fundamental parliamentary procedure. Mr. Passey explained when the Council procedures were first introduced over a year ago, the Council was directed to send any proposed changes to him for incorporation into the draft. A few Councilmembers submitted changes; some were minor additions to provide clarification and others proposed a very different policy or procedure. He chose to omit the more controversial items and allow Councilmembers to propose amendments during the legislative process. Councilmember L. Johnson thanked Mr. Passey for his work developing the proposed Council Rules of Procedure, commenting this would have been very helpful for new Councilmembers as well as anyone considering a Council position. The procedures will also assist the public with their knowledge of the legislative process. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE COUNCIL RULES OF PROCEDURE. Councilmember Buckshnis acknowledged the Council was provided this a year ago; she requested information from that time and received nothing. She agreed the Council Rules of Procedure was a very valuable document but could not recall last year's discussion and was concerned with subjectivity in the document. She recalled Councilmember K. Johnson suggested several changes but they did not seem to be reflected in the document. Mr. Passey said 3-4 Councilmembers submitted suggested changes that were incorporated into the document. Councilmember K. Johnson's suggested changes, which related to selection of the Council President, were not included as he felt that was a discussion the Council would want to have and address via an amendment process. He provided Councilmember K. Johnson the changes she suggested last year and she could propose them tonight. Councilmember Buckshnis observed Mr. Passey created this document based on his expansive work at the City of Shoreline and the City of Edmonds. Mr. Passey agreed, noting the suggestions from Councilmembers that were incorporated in the document provided clarification and represented m improvements to the document. 0 w Councilmember Fraley-Monillas suggested having a couple weeks to review the document as it made a c lot of changes and the Council needed time to review it. She commented Shoreline was very different a) from Edmonds. z Council President Paine referred to a new section added to the Council Rules of Procedure, Section 12. Q Reimbursement of Expenses. Councilmember Buckshnis suggested tabling this for three weeks, commenting much of the information was subjective, she would like to see the original document and she wanted time for the Council to do their homework. A MOTION WAS MADE BY COUNCILMEMBER BUCKSHNIS TO TABLE THIS FOR THREE WEEKS. Edmonds City Council Approved Minutes April 6, 2021 Page 12 Packet Pg. 108 7.1.g UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, AND OLSON VOTING YES; AND COUNCIL PRESIDENT PAINE AND COUNCILMEMBER L. JOHNSON VOTING NO. 3. HAZARD PAY FOR GROCERY EMPLOYEES EMERGENCY ORDINANCE City Attorney Jeff Taraday advised he worked with Mayor Nelson today on revisions to the ordinance in the packet which were distributed to the Council this afternoon. He reviewed the changes made to the ordinance in the packet: • 100.015 Employee coverage For the purposes of this ordinance: A. Covered employees are limited to those who perform work for a covered employer at a retail location in the City unless expressly excepted from coverage in subsection C, below. B. Time spent by an employee in the City solely for the purpose of travelling through the City from a point of origin outside the City to a destination outside the City, with no employment - related or commercial stops within the City except for refueling or the employee's personal meals or errands, is not covered by this ordinance. C. The ,following opes of employees are not covered by this ordinance: administrative or executive employees whose workplace is limited to the non-public portion(s) of the store or other buildings where the public is not invited; tractor -trailer drivers who make deliveries to the rg ocery store. • 100.025 Hazard pay requirements A. Employers shall provide each employee with hazard pay at a rate of four dollars per hour for c each hour worked in the City, PROVIDED THAT if this ordinance is adopted to take immediate v effect, the obligation to provide hazard pay shall not occur until 12: 01 am on April 8, 2021 and a FURTHER PROVIDED THAT, if this ordinance is not adopted to take immediate effect, the obligation to provide hazard pay shall begin at 12: 01 am on the effective date. c • 100.100 interpretations M To the extent that any provision of this ordinance is ambiguous, the administration, in c consultation with the city attorney, is authorized to interpret the ordinance in the manner that is most consistent with applicable law, the city council's legislative findings (Section 1), and other 75 manifestations of legislative intent, PROVIDED THAT any interpretations shall be in writing with copies provided to the city council. T N to Mr. Taraday referenced the findings in the ordinance that would be used in the event there are any ambiguities. He provided an overview of the ordinance: the ordinance would require an extra $4/hour of w hazard pay. Hazard pay is defined in the ordinance as additional compensation that has been specifically designated as additional compensation being paid due to the increased risk of contracting COVID-19. He a) relayed his understanding that one of the unions for PCC employees has already negotiated $4/hour z hazard pay; he believed that was due to expire soon. The ordinance is not intended to add $4/hour of M hazard pay on top of hazard pay already negotiated. For example, if a union has negotiated $4/hour of a hazard pay, this ordinance would not increase that to $8/hour; it would have no effect in that situation. If a union has negotiated $2/hour of hazard pay, the ordinance would impose a regulation that an additional $2/hour of hazard pay be paid so all grocery workers operating in the City that meet the coverage of the ordinance would receive $4/hour in hazard pay. Mr. Taraday pointed out the ordinance defines grocery businesses as one of two categories, the first is over 10,000 square feet in size and primarily engaged in retailing groceries for offsite consumption. Groceries is defined as including fresh produce, meats, poultry, fish, deli products, dairy products, canned and frozen goods, dry food, beverages, baked foods. The ordinance also states other household supplies and other products shall be secondary to the primary purpose of groceries. The second category of grocery business would be 85,000 square feet in size with at least 30% or more of its sales floor area Edmonds City Council Approved Minutes April 6, 2021 Page 13 Packet Pg. 109 7.1.h RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, REPEALING RESOLUTION NO. 1295 ADOPTING ROBERT'S RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS, AND ESTABLISHING COMPREHENSIVE RULES OF PROCEDURE AND CODE OF CONDUCT FOR THE CITY COUNCIL WHEREAS, Chapter 35.A.12.120 RCW gives the City Council of each code city the power to set rules for conducting its business within the provisions of Title 35A RCW; and WHEREAS, in 2013, the City Council passed Resolution No. 1295, which adopted Robert's Rules of Order as the parliamentary authority for the conduct of Council meetings; and WHEREAS, a comprehensive set of procedural rules and code of conduct combining all applicable statutes will provide the most expedient means of conducting Council Meetings and other city business; now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. REPEALER. Resolution No. 1295 is hereby repealed. Section 2. ADOPTION OF COUNCIL RULES OF PROCEDURE. The Council Rules of Procedure are established as set forth in Exhibit A attached hereto. RESOLVED this day of August, 2021. APPROVED: MIKE NELSON, MAYOR 1 Packet Pg. 110 ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: August, 2021 PASSED BY THE CITY COUNCIL: August, 2021 RESOLUTION NO. 2 Packet Pg. 111 Exhibit A - COUNCIL RULES OF PROCEDURE 7.1.i COUNCIL RULES OF PROCEDURE TABLE OF CONTENTS SECTION 1. AUTHORITY 1.1 Intent of Policies............................................................................................ 1 1.2 Effect/Waiver of Rules.................................................................................... 1 1.3 Footnotes and References............................................................................. 1 SECTION 2. COUNCIL ORGANIZATION 2.1 Oath of Office................................................................................................. 1 2.2 Election of Council President and Council President Pro Tern ....................... 1 2.3 Duties of Officers............................................................................................ 2 2.4 Appointments to Boards and Commissions.................................................... 2 2.5 Filling a Council Vacancy............................................................................... 2 SECTION 3. AGENDA PREPARATION 3.1 Role of City Clerk............................................................................................3 3.2 Placement of Items on the Agenda.................................................................3 3.3 Format for Agenda Memos..............................................................................3 3.4 Agenda Item Priority.......................................................................................4 3.5 Readings for Ordinances.................................................................................4 SECTION 4. CONSENT CALENDAR 4.1 Establishment of Consent Calendar............................................................... 4 4.2 Adoption of Consent Calendar....................................................................... 4 4.3 Removal of Item from Consent Calendar....................................................... 4 SECTION 5. COUNCIL MEETINGS 5.1 Open Public Meetings................................................................................. 5 5.2 Meeting Cancellation....................................................................................5 5.3 Regular Meetings.........................................................................................5 5.4 Forms of Address.........................................................................................6 5.5 Seating Arrangement...................................................................................6 5.6 Quasi -Judicial Items.....................................................................................6 5.7 Council Committees.....................................................................................6 5.8 Executive Sessions..................................................................................... 7 5.9 Special Meetings......................................................................................... 7 5.10 Emergency Meetings................................................................................. 8 5.11 Meeting Place............................................................................................ 8 Packet Pg. 112 Exhibit A - COUNCIL RULES OF PROCEDURE 7.1.i 5.12 Notice of Meetings, Public Hearings.......................................................... 8 5.13 Quorum...................................................................................................... 8 5.14 Attendance, Excused Absences..................................................................8 5.15 Online Meetings..........................................................................................8 5.16 Role of Clerk................................................................................................8 SECTION 6. COUNCIL CONDUCT 6.1 General Conduct............................................................................................ 9 6.2 Conduct with City Staff, and the Council Legislative Assistant ....................... 9 6.3 Conduct with Boards, Committees, Commissions, and Outside Agencies .... 10 6.4 Implementation, Compliance, and Enforcement............................................11 SECTION 7. PUBLIC TESTIMONY 7.1 Regular Meetings......................................................................................... 11 7.2 Group Representation.................................................................................. 12 7.3 Speaking on behalf of an Organization.........................................................12 7.4 Quasi -Judicial Items......................................................................................12 7.5 Recognition by Chair.....................................................................................12 7.6 Decorum........................................................................................................12 7.7 Identification of Speakers..............................................................................12 7.8 Instructions for Speakers...............................................................................12 7.9 Rules for Public Hearings.............................................................................12 7.10 Donation of Speaking Time.........................................................................13 0]lE:� ��iCii1►�'? 8.1 Voice Votes...................................................................................................13 8.2 Motions that do not Receive or Require Seconds.........................................13 8.3 Tie Votes...................................................................................................... 13 8.4 Nature of Motion............................................................................................13 8.5 Request for Written Motions..........................................................................13 8.6 Discussion Following a Motion..................................................................... 13 8.7 Council Consensus...................................................................................... 13 8.8 Withdrawal of Motions.................................................................................. 13 8.9 Motion to Table..............................................................................................13 8.10 Motion to Postpone to a Time Certain........................................................ 13 8.11 Motion to Postpone Indefinitely...................................................................13 8.12 Motion to Call for the Question.................................................................. 14 8.13 Motion to Amend........................................................................................ 14 8.14 Repetition of the Motion Prior to Voting ..................................................... 14 8.15 Voting..................................................................... ............ ........................ 14 8.16 Recusal...................................................................................................... 14 8.17 Silence and Abstention............................................................................... 14 8.18 Prohibition of Voting by Proxy.................................................................... 14 8.19 Close of Discussion.................................................................................... 14 8.20 Motion to Reconsider................................................................................. 14 11 Packet Pg. 113 Exhibit A — COUNCIL RULES OF PROCEDURE 7.1.i 8.21 Questions of Interpretation......................................................................... 14 SECTION 9. ITEMS REQUIRING FOUR VOTES...............................................15 SECTION 10. ITEMS REQUIRING A UNANIMOUS VOTE................................15 SECTION 11. COUNCIL REPRESENTATION 11.1 Correspondence..........................................................................................15 11.2 Use of City Resources.................................................................................15 11.3 Controversial Communications................................................................... 15 SECTION 12. SUSPENSION AND AMENDMENT OF RULES 12.1 Suspension of Rules...................................................................................15 12.2 Amendment of Rules...................................................................................15 SECTION 13. REIMBURSEMENT OF EXPENSES 13.1 Allowed Expenses.......................................................................................15 13.2 Disallowed Expenses..................................................................................16 13.3 Reimbursement Process.............................................................................16 Packet Pg. 114 7.1.i Exhibit A — COUNCIL RULES OF PROCEDURE Section 1. Authority. 1.1 These rules constitute the official rules of procedure for the Edmonds City Council. In all decisions arising from points of order, the Council shall be governed by the current edition of Robert's Rules of Order," a copy of which is maintained in the City Council Office. 1.2 These rules of procedure are adopted for the sole benefit of the members of the City Council to assist in the orderly conduct of Council business. These rules of procedure do not grant rights or privileges to members of the public or third parties. Failure of the City Council to adhere to these rules shall not result in any liability to the City, its officers, agents, and employees, nor shall failure to adhere to these rules result in invalidation of any Council act. 1.3 Any provision of these rules of procedure that is footnoted with a citation to the Revised Code of Washington, the Edmonds City Code, or other statute or ruling is included here for ease of reference only and is not intended to be adopted as a rule herein because it already constitutes governing law. Likewise, any conflict between such a provision and the law cited in the footnote shall be resolved in favor of the law cited in the footnote. Provisions herein that are not footnoted with a citation to the Revised Code of Washington or the Edmonds City Code have been adopted by City Council resolution as the Council's procedural rules and may be amended at any time by subsequent resolution. Section 2. Council Organization. 2.1 New Councilmembers shall be sworn in by a judge, the Mayor, or the City Clerk. 2.2. The Council shall elect a Council President and Council President Pro Tem for a one-year term. The election of the Council President shall be conducted by the City Clerk. No one Councilmember may nominate more than one person for a given office until every member wishing to nominate a candidate has an opportunity to do so. Nominations do not require a second. The Clerk will repeat each nomination until all nominations have been made. When it appears that no one else wishes to make any further nominations, the Clerk will ask again for further nominations and if there are none, the Clerk will declare the nominations closed. A motion to close the nominations is not necessary. After nominations have been closed, voting for Council President takes place in the order nominations were made. Councilmembers will be asked to vote by a raise of hands. As soon as a nominee receives a majority vote (four votes), the Clerk will declare him/her elected. No votes will be taken on the remaining nominees. If none of the nominees receives a majority vote, the Clerk will call for nominations again and repeat the process until a single candidate receives a majority vote. The same process is conducted for the election of the Council President Pro Tem. Packet Pg. 115 Exhibit A — COUNCIL RULES OF PROCEDURE 7.1.i 2.3 Duties of Officers A. The Mayor shall be the Presiding Officer at all Council Meetings except Council Committee Meetings. In the absence of the Mayor, the Council President shall become Mayor Pro Tern and act as the Presiding Officer, performing the duties and responsibilities with regard to conduct of meetings and emergency business. In the absence of both the Mayor and the Council President, the Council President Pro Tern shall act as a temporary Presiding Officer. B. It shall be the duty of the Presiding Officer to: 1. Call the meeting to order. 2. Keep the meeting to its order of business. 3. Control discussion in an orderly manner. a. Give every Councilmember who wishes an opportunity to speak when recognized by the chair. b. Permit audience participation at the appropriate times. C. Require all speakers to speak to the question and to observe Robert's Rules of Order. 4. State each motion before it is discussed and before it is voted upon. 5. Put motions to a vote and announce the outcome. C. The Presiding Officer shall decide all questions of order, subject to the right of appeal to the Council by any member. 2.4 ADDointments to Boards and Committees' The Council President shall appoint Councilmembers to Council subcommittees and outside boards and committees that are not otherwise specified or governed by other rules. Prior to appointment, the Council President shall solicit interest from Councilmembers for their preferred appointments. The Council President shall then circulate the final appointment list to the Council at least seven (7) days prior to appointment. The Council President shall make his or her appointments as soon as practicable, following election of the Council President. 2.5 Filling a Council Vacancy A. If a vacancy occurs in the office of Councilmember, the Council will follow the procedures outlined in the Revised Code of Washington2. In order to fill the vacancy with the most qualified person available until an election is ' ECC 1.02.031(B) 2 RCW 42.12.070 2 Packet Pg. 116 7.1.i Exhibit A — COUNCIL RULES OF PROCEDURE held, the Council will widely distribute and publish a notice of the vacancy at least two weeks in advance, the procedure by which the vacancy will be filled, and an application form. B. The Council will draw up and approve an application form to aid the Council's selection of the new Councilmember. C. Those candidates selected by Council will be interviewed by the Council during a regular or special Council meeting open to the public. The order of the interviews will be determined by drawing the names; in order to make the interviews fair, applicants will be asked to remain outside the Council Chambers while other applicants are being interviewed. Applicants will be asked to answer questions posed by each Councilmember during the interview process. The interview process will be designed to be fair and consistent. Since this is not a campaign, comments about other applicants will not be allowed. D. The Council may recess into executive session to discuss the qualifications of all candidates. Nominations, voting and selection of a person to fill the vacancy will be conducted during an open public meeting Section 3. Agenda Preparation. 3.1 Under the direction of the Council President and Mayor, the City Clerk will prepare an agenda for each meeting of the full Council and Council committees, specifying the time and place of the meeting and setting forth a brief general description of each item to be considered by the Council. Agendas are subject to review and/or modification by the Council President. 3.2 An item for a Council meeting may be placed on the agenda by one of the following methods: A Majority vote or consensus of the Council. B. By the Council President or Council President Pro Tern when acting in the absence of the Council President. The Council President will make every effort to place an item Council approved by consensus or majority vote on an agenda. If time is not available for the requested date, it shall be placed on the next available agenda. 3.3 Agenda memos shall be in a standard format. The Mayor shall determine the format. 3.4 Agenda items will generally be prioritized in the following order of importance: 1) Packet Pg. 117 Exhibit A — COUNCIL RULES OF PROCEDURE 7.1.i joint meetings or presentations involving outside agencies; 2) items scheduled for statutory compliance; 3) advertised public hearings; 4) continued items from a prior meeting; and 5) items scheduled for convenience, such as those involving outside consultants. 3.5 Ordinances scheduled for Council action will generally receive three readings (with the exception of items that have had a public hearing before the Planning Board). A. The first reading will be the scheduling of the item on the Council Extended Agenda by title or subject. If reasonably possible the item should be listed on the Extended Agenda at least two weeks prior to the second reading. The Council President may authorize exceptions for items of an emergency or unexpected nature requiring immediate action. The applicable portion of the Council Extended Agenda will be appended to the meeting agenda and distributed and posted along with the agenda. B. The second reading will be scheduled for review and discussion by the full City Council or a Council Committee. Items of a minor or routine nature may bypass this meeting and be scheduled directly to a Consent Agenda. In such cases Council shall by motion, waive the second reading as part of the adopting motion. C. The third reading will be Council review and action at a subsequent meeting. Section 4. Consent Calendar. 4.1 The Mayor, in consultation with the Council President, shall place matters on the Consent Agenda which: (a) have been previously discussed by the Council, or (b) based on the information delivered to members of the Council, by the administration, can be reviewed by a Councilmember without further explanation, or (c) are so minor or routine in nature that passage is likely. 4.2 The motion to adopt the Consent Agenda shall be non -debatable and have the effect of moving to adopt all items on the Consent Agenda. 4.3 Since adoption of any item on the Consent Agenda implies unanimous consent, any member of the Council shall have the right to remove any item from the Consent Agenda. Councilmembers are given an opportunity to remove items from the Consent Agenda after the motion is made and seconded to approve the agenda. If any matter is withdrawn, the Presiding Officer shall place the item at an appropriate place on the agenda for deliberation at the current or future Council meeting. 11 Packet Pg. 118 Exhibit A — COUNCIL RULES OF PROCEDURE 7.1.i Section 5. Council Meetings. 5.1 All Council meetings shall comply with the requirements of the Open Public Meetings Act3. All Regular Meetings, Committee Meetings, and Special Meetings of the Council shall be open to the public. A Council meeting is defined as a properly noticed meeting in which a quorum of the Council transacts official City business as defined by the OPMA. Meetings under the OPMA require an agenda, public notice, and an official record in the form of meeting minutes. Meetings attended by Council members which do not involve the transaction of City business are not considered meetings under the Act. If a quorum of Council members attend such meetings, they are encouraged to sit separately, refrain from discussing City business, and only participate as passive observers. 5.2 Any Council meeting may be canceled by a majority vote or consensus of the Council. The Council President may cancel a Council meeting for lack of official business. 5.3 Regular Meetings4 of the City Council shall be held on the first four Tuesdays of every month, at 7:00 p.m. Regular meetings of the City Council shall be held in the Council Chambers, Public Safety Complex, 250 Fifth Avenue N., Edmonds, Washington. Council meetings shall adjourn no later than 10:00 p.m. on the day initiated unless such adjournment is extended by an affirmative vote of a majority of the Council as a whole plus one. Order of Business for Regular Meetings. The order of business shall generally be as follows: Regular Meeting (7:00 p.m.) 1. Call to Order, Flag Salute 2. Land Acknowledgment 3. Roll Call 4. Approval of the Agenda 5. Presentations 6. Public Comment 7. Approval of the Consent Agenda 8. Unfinished Business: The following procedures shall be used: • Introduction of item by Presiding Officer • Presentation by staff • Public Hearings, if any noticed • Council motion to move adoption of legislation • Council discussion and possible action 9. New Business: The following procedure shall be used: s RCW 42.30 4 ECC 1.04.010(A) Packet Pg. 119 Exhibit A — COUNCIL RULES OF PROCEDURE 7.1.i • Staff Presentation • Council discussion 10. Mayor's Comments 11. Council Comments 12. Executive Session, if needed 13. Adjournment 5.4. At all meetings, the Mayor shall be addressed as "Mayor (surname)." The Council President shall be addressed as "Council President (surname)." Members of the Council shall be addressed as "Councilmember (surname)." 5.5. At all meetings, the Mayor shall sit in the Presiding Officer's seat, and the Council President shall sit at the right hand of the Mayor. Other Councilmembers are to be seated in a manner acceptable to Council. If there is a dispute, seating shall be in position order. 5.6 Prior to commencement of discussion of a quasi-judicial item, the Mayor will ask if any Councilmember has a conflict of interest or Appearance of Fairness Doctrine concern which could prohibit the Councilmember from participating in the decision -making process. If it is deemed by the Councilmember, in consultation with the City Attorney, that it is warranted, the Councilmember should step down and not participate in the Council discussion or vote on the matter. The Councilmember shall leave the Council Chambers while the matter is under consideration. 5.7 Council Committees5. The City Council shall have the following Standing Committees: Finance ("FIN"); Parks and Public Works ("PPW"); Public Safety, Planning and Personnel ("PSPP"). Regular meetings of the City Council standing committees shall be held in accordance with the meeting schedule adopted in Edmonds City Code 1.04.010. The audio and/or video of Council Committee meetings shall be recorded, posted online, and bookmarked to allow easy access to portions of the audio recording that correspond with each item on the Committee's agenda. A. Business items considered by a City Council committee should only be forwarded to the City Council Consent Agenda with the unanimous consent of the committee members.6 B. Committee business items that have not received unanimous support of the committee to be forwarded to the Consent Agenda may be discussed at a forthcoming committee meeting if additional committee work is likely to produce unanimity. Alternatively, the Council President may place the item on a future Council agenda for further deliberation and/or action by the City s ECC 1.04.010(B) 6 ECC 1.04.050(A) 0 Packet Pg. 120 Exhibit A — COUNCIL RULES OF PROCEDURE 7.1.i Council.' C. The Council President shall be a nonvoting ex-officio member of all Council committees, except when a regular committee member is absent, in which case the Council President may vote. When a committee chair is absent, the other regular committee member shall serve as the committee chair.$ D. The Mayor and Council members from other committees may attend committee meetings of which they are not members and may join the discussion and ask questions about a committee business item if they have been present during the entire discussion of that business item; provided, that only committee members, or the Council President when substituting for an absent committee member, may vote on committee business. Presence of a quorum of the City Council at a committee meeting shall not change the character of the meeting from a committee meeting to a City Council meeting.' 5.8 The Council may hold Executive Sessions or Closed Sessions from which the public may be excluded, for those purposes set forth in the Revised Code of Washington10. Before convening an Executive Session, the Presiding Officer shall announce the purpose of the Session and the anticipated time when the Session will be concluded. Should the Session require more time, a public announcement shall be made that the Session is being extended. Councilmembers should keep confidential all written materials and verbal information provided to them during Executive Sessions, to ensure that the City's interests are not compromised. Councilmembers should refrain from taking notes in Executive Session because such records may be subject to public disclosure, thereby compromising the confidential nature of the matters discussed. Confidentiality also includes information provided to Councilmembers outside of Executive Sessions when the information is considered to be exempt from disclosure under the Revised Code of Washington. If a Councilmember unintentionally discloses Executive Session discussion with another party, that Councilmember shall make full disclosure to the Mayor and/or the City Council in a timely manner as soon as the error is discovered. 5.9 Special Meetings" may be held by the Council subject to notice requirements prescribed by State law. Special Meetings may be called by the Council President, Mayor, or any four members of the City Council by written notice delivered to each member of the Council at least twenty-four hours before the time specified for the proposed meeting. The notice of such Special Meetings shall state the subjects to be considered, and no subject other than those ' ECC 1.04.050(B) ' ECC 1.04.050(C) ' ECC 1.04.050(D) 10 RCW 42.30.110 and RCW 42.30.140 " RCW 42.30 7 Packet Pg. 121 7.1.i Exhibit A — COUNCIL RULES OF PROCEDURE specified in the notice shall be considered. The order of business for Special Meetings shall generally follow Section 5.3A. 5.10 An Emergency Meeting12 is a special Council meeting called without the 24- hour notice. It deals with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of a 24-hour notice would make notice impractical and increase the likelihood of such injury or damage. Emergency meetings may be called by the Mayor or the Council President with the consent of a majority of Councilmembers. The minutes will indicate the reason for the emergency. 5.11 Special Meetings and Emergency Meetings will beat a time and place as Council directs. 5.12 The City shall comply with the public notice provisions of the Revised Code of Washington13. Unless specified otherwise, the public shall receive notice of upcoming public hearings through publication of such notice in the City's official newspaper at least ten (10) days prior to the hearing. 5.13 At all Council Meetings, a majority of the Council (four members) shall constitute a quorum for the transaction of business. In the absence of a quorum, the members present may adjourn that meeting to a later date. 5.14 Members of the Council may be excused from attending a City Council meeting by contacting the Council President prior to the meeting and stating the reason for his or her inability to attend. If the member is unable to contact the Council President, the member shall contact the Mayor, who shall convey the message to the Council President. Following roll call, the Presiding Officer shall inform the Council of the member's absence, state the reason for such absence, and inquire if there is a motion to excuse the member. This motion shall be nondebatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the Clerk will make an appropriate notation in the minutes. Councilmembers who do not follow the above process will be considered unexcused and it shall be so noted in the minutes. A motion to excuse a Councilmember may be made retroactively at the next meeting. Removal of a sitting Councilmember for three (3) consecutive unexcused absences is authorized by RCW 35A.12.060. 5.15 Online Meetings: When online meetings are permitted, Councilmembers must have video and audio capabilities and enable them during the meeting whenever possible. Any participant (Council, staff, or presenter) must enable their video and audio when speaking, unless technical difficulties do not allow. Participants must attempt to contact the technology department in order to resolve any problems prior to the meeting. If the problem cannot be resolved, then the RCW 42.30 13 RCW 35A.12.160 Packet Pg. 122 Exhibit A — COUNCIL RULES OF PROCEDURE 7.1.i participant must inform the Council President and/or the Mayor prior to the meeting. 5.16 The City Clerk or an authorized Deputy City Clerk shall attend all Council meetings. If the Clerk and the Deputy Clerk are absent from any Council meeting, the Mayor shall appoint a Clerk Pro Tempore. The minutes of the proceedings of the Council shall be kept by the City Clerk and shall constitute the official record of the Council. Section 6. Council Conduct. The City Council finds that Councilmembers should seek to continually improve the quality of public service and ensure public confidence in the integrity of local government and its effective, transparent, and equitable operation. Councilmembers have a public stage and privileged platform to show how individuals with contrasting points of view can find common ground, demonstrate problem -solving approaches, and achieve solutions that benefit the community as a whole. Central to these principles is that civility and decorum shall apply to all Councilmember conduct in relation to city business. To this end, the following Code of Conduct for members of the Edmonds City Council is established. 6.1 General Conduct A. Councilmembers shall focus discussions and debates on vision, policies, and their implementation. B. No Councilmember shall dominate proceedings during Council or other public meetings. C. Personal, insulting, or intimidating language, body language and actions, are not allowed. Councilmembers may raise a point of order for ruling by the Chair or by the Body to address inappropriate remarks. D. Ensuring that all meeting participants feel welcome is a vital part of the democratic process. No signs of partiality, prejudice, or disrespect should be evident on the part of Councilmembers toward any individual participating in a public meeting. Every effort should be made to be respectful in listening to Council, staff and public testimony and discussions. E. Technology allows words written or said to be distributed far and wide. Councilmember written notes, voicemail messages, texts, email, or other electronic communications, are public records and shall follow this code. 6.2 Conduct with City Staff, and the Council Legislative Assistant 0 Packet Pg. 123 Exhibit A — COUNCIL RULES OF PROCEDURE 7.1.i The community is best served when the abilities, experience, and knowledge of staff and contract employees work alongside councilmembers, and councilmembers will value these resources and relationships by: A. Using respectful language and avoiding aggressive tones. B. Whenever possible, provide questions ahead of public meetings and otherwise avoid surprises. C. Recognize that calls and emails may not be returned outside of business hours. D. Expressing concerns about performance only to the Mayor, in the case of staff, and the Council President, in the case of Council legislative aide. E. Understanding that Council, as a legislative body, directs City business via policy change initiated by majority Council vote only; councilmembers acting individually shall refrain from directing staff or otherwise intruding on the City's administrative functions. 6.3 Conduct with Boards, Committees, Commissions, and Outside Agencies A. The City maintains several boards and commissions as a means of encouraging and gathering community input. Residents who serve on boards and commissions are a valuable resource to the City's leadership and shall be treated with appreciation and respect. B. Councilmembers are appointed as non -voting members to serve as the primary two-way communication liaison between the Council and boards, commissions, and committees. Councilmembers are not to direct the activities or work of the board, commission, or committee. C. Councilmembers may attend any board or commission meeting to which they are not appointed but shall do so as a member of the public. Personal comments or positions, if given, will be identified as such and shall not be represented as the position of the City or Council. D. Councilmembers shall not contact a board or commission member to lobby on behalf of an individual, business, or organization, with the exception of the hearing examiner or architectural design board. It is acceptable for Councilmembers to contact boards or commissions and their members, so long as all interactions are in line with the Edmonds Code of Ethics. E. When attending a non -city sponsored event, meeting, conference, or other activity, Councilmembers shall do so in an individual Councilmember 10 Packet Pg. 124 Exhibit A — COUNCIL RULES OF PROCEDURE 7.1.i capacity only. Likewise, a Councilmember may be authorized to represent the City only in compliance with RCW 35A.12.100. 6.4 Implementation, Compliance, and Enforcement As an expression of the standards of conduct that best serve the City, the Code of Conduct is intended to be self -enforcing and is most effective when members are thoroughly familiar with it and embrace its provisions. A. This Council Code of Conduct shall be included in the regular orientations for newly seated Councilmembers. Members entering office shall sign a statement affirming they read and understood the City of Edmonds Council Code of Conduct. B. The Code of Conduct shall be reviewed and reaffirmed annually by the City Council. C. When a breach of this code occurs, Councilmembers are encouraged to remind one another of the Code of Conduct terms. These communications may be documented with the subject line, "Code of Conduct Reminder." D. Repeated breaches, or egregious instances, may be dealt with according to the terms set out in the Council's adopted Robert's Rules of Order or other applicable laws and regulations. Section 7. Public Testimony. 7.1 Regular Meetings. A. Members of the public may address the City Council at any Regular Meeting under "Audience Comments." During this portion of the meeting, individuals may speak to agenda items or any other topic except those scheduled for a public hearing or as noticed as a closed record review. Individuals may speak for three minutes or less. If time is available, the Presiding Officer may call for additional unsigned speakers. No person may use public comment to promote or oppose any candidate for public office. In election years, a campaign officially starts when a candidate officially files their candidacy with the State or a county election office and runs through the election. B. If during a Regular Meeting an agenda item is before the Council for the first time and is not part of the consent agenda, public comment for that item will follow the staff presentation but precede Council review. Individuals may speak for three minutes or less. 11 Packet Pg. 125 Exhibit A — COUNCIL RULES OF PROCEDURE 7.1.i 7.2 When large numbers of people are signed up to speak on the same topic, the Presiding Officer may request that the group(s) select a limited number of speakers to cover their view and then ask all those who agree with that position to stand at the conclusion of each presentation. 7.3 When representing the official position of a local agency or organization within the city's jurisdiction, a speaker may be given five minutes and it will be recorded as the official position of that organization. Requests for a five-minute presentation must be made in advance and granted by the Council President or a Council majority. Each organization shall have only one (1) five-minute presentation per year. 7.4 Public testimony authorized in Section 7.1 and 7.2 may not include comments or information on any quasi-judicial matter pending before the City Council, or on any topic for which Council has closed the public record. 7.5 No person shall be allowed to address the Council while it is in session without the recognition of the Presiding Officer. 7.6 It shall be unlawful for any person in the audience at a Council meeting to do any of the following: Engage in disorderly, disruptive, disturbing, delaying or boisterous conduct, such as, but not limited to, handclapping, stomping of feet, whistling, making noise, use of profane language or obscene gestures, yelling or similar demonstrations, which conduct substantially interrupts, delays, or disturbs the peace and good order of the proceedings of the Council.14 7.7 Persons testifying shall identify themselves for the record as to name, City of residence and any organization represented. 7.8 An instruction notice for speakers will be available at the meeting. Speakers wil I be advised by the Presiding Officer that their testimony is being recorded. 7.9 The following rules shall be observed during any Public Hearing: A. Individuals will be allowed three minutes to speak. B. The Presiding Officer may allow additional time for receipt of written testimony when needed. C. The Clerk shall be the timekeeper. D. Prior to closing the hearing the Presiding Officer shall inquire if there are any additional speakers other than those that have signed up and previously spoken, and if there are they shall be allowed to testify. 14 Acosta v. City of Costa Mesa, 718 F.3d 800 (9th Cir. 2013), Id., at 816 12 Packet Pg. 126 Exhibit A — COUNCIL RULES OF PROCEDURE 7.1.i 7.10 Time cannot be donated by one speaker to another. Section 8. Motions. 8.1 Unless otherwise provided for by statute, ordinance, or resolution, all votes shall be taken by voice or hand raise, except that at the request of any Councilmember, a roll call vote shall be taken by the City Clerk. 8.2 To take action, a Councilmember should make a motion, which is seconded by another Councilmember, on the topic under discussion. If the motion is not seconded, it dies. Some motions do not require a second: nominations, withdrawal of a motion, request for a roll call vote, and point of order. 8.3 In case of a tie vote on a motion, the motion shall be considered lost. If the motion is an item for which the Mayor may break the tie vote, the Mayor may vote on the motion. 8.4 Motions shall be clear and concise and not include arguments for the motion. 8.5 Motions shall be reduced to writing when required by the Presiding Officer or any member of the Council. All resolutions and ordinances shall be in writing. 8.6 After a motion has been made and seconded, Councilmembers may discuss their opinions on the issue prior to the vote. If they wish to do so, they may state why they will vote for or against the motion. 8.7 When the Council concurs or agrees with an item that does not require a motion, the Mayor will summarize the Council's consensus at the conclusion of the discussion. 8.8 A motion may be withdrawn by the maker of the motion, at any time, without the consent of the Council. 8.9 A motion to table is nondebatable. It requires a majority to pass. If the motion to table prevails, the matter may be "taken from the table" only by adding it to the agenda of a future meeting, at which time discussion can continue. If an item is tabled, it cannot be reconsidered at the same meeting. 8.10 A motion to postpone to a specific time is debatable, amendable, and maybe reconsidered at the same meeting. It requires a majority to pass. The motion being postponed must be considered at a later time in the same meeting or a specific future meeting. 8.11 A motion to postpone indefinitely is debatable, is not amendable, and maybe reconsidered at the same meeting. It requires a majority to pass. The merits of 13 Packet Pg. 127 Exhibit A — COUNCIL RULES OF PROCEDURE 7.1.i the main motion may be debated. 8.12 A motion to call for the question shall close debate on the main motion and is nondebatable. This motion must receive a second and fails without a two-thirds (2/3) vote. Debate is reopened if the motion fails. 8.13 A motion to amend is defined as amending a motion that is on the floor and has been seconded, by inserting or adding, striking out, striking out and inserting, or substituting. 8.14 When the discussion is concluded, the motion maker, Mayor, or City Clerk, shall repeat the motion prior to voting. 8.15 The City Council votes on the motion as restated. If the vote is unanimous, the Mayor shall state that the motion has been passed unanimously according to the number of Councilmembers present, such as 7-0" or "6-0." If the vote is not unanimous, the Mayor shall state the number of Councilmembers voting in the affirmative and the number voting in the negative and whether the motion passes or fails. 8.16 If a Councilmember has a conflict of interest or an appearance of fairness question under state law, the Councilmember may recuse themselves from the issue and shall leave the Council chambers during discussion and voting on the issue. That Councilmember shall be considered absent when voting occurs. 8.17 If a member of the Council is silent on a vote, it shall be recorded as an affirmative vote. If a member of the Council abstains, the member shall state the reason for the abstention and it shall be recorded as an abstention and not included in the vote tally. 8.18 No vote may be cast by proxy. 8.19 Once the vote has been taken, the discussion is closed. It is not necessary for Councilmembers to justify or explain their vote. If they wish to make their positions known, this should happen during the discussion preceding the vote. 8.20 After the question has been decided, any Councilmember who voted in the majority may move for a reconsideration of the motion. The motion for reconsideration must be made at the same or next regular meeting. 8.21 The City Attorney, in consultation with the City Clerk, shall decide all questions of interpretations of these policies and procedures and other questions of a parliamentary nature which may arise at a Council meeting. All cases not provided for in these policies and procedures shall be governed by the current edition of Robert's Rules of Order. In the event of a conflict, these Council rules of procedures shall prevail. 14 Packet Pg. 128 Exhibit A — COUNCIL RULES OF PROCEDURE 7.1.i Section 9. Items Requiring Four Votes. The passage of any ordinance, grant or revocation of franchise or license, any resolution for the payment of money or approval of warrants shall require the affirmative vote of at least a majority of the whole membership of the Council (4 votes).15 Section 10. Items Requiring a Unanimous Vote. An ordinance must be adopted unanimously where both of the following conditions exist: 1) the ordinance is subject to referendum under RCW 35A.11.090, as limited by Leonard v. City of Bothell, 87 Wn.2d 847, 852-53, 557 P.2d 1306, 1310 (1976) ("If the grant of power is to the city as a corporate entity, direct legislation is permissible insofar as the statute is concerned. On the other hand, if the grant of power is to the legislative authority of the city, the initiative and referendum are prohibited."), and similar case law, and; 2) the ordinance is proposed to take immediate effect under RCW 35A.11.090(2). Section 11. Council Representation. 11.1 Once the City Council has taken a position on an issue, all official City correspondence regarding the issue will reflect the Council's adopted position 11.2 Email, City letterhead, and related materials shall not be used for correspondence of Councilmembers representing a dissenting point of view from an official Council position. 11.3 As a matter of courtesy, letters to the editor, or other communication of a controversial nature, which do not express the majority opinion of the Council, shall be presented to the full Council at least 24 hours prior to publication. Section 12. Suspension and Amendment of Rules. 12.1 Any provision of these rules not governed by state law, City code, fundamental parliamentary procedure, or other statute or rule may be temporarily suspended by a majority vote of the Council. 12.2 It is the intent of the City Council that the rules of procedure be periodically reviewed as needed or during odd -numbered years. These rules may be amended, or new rules adopted, by a majority vote of the Council, provided that the proposed amendments or new rules shall have been distributed to Council at least two weeks prior to such action. Section 13. Reimbursement of Expenses. 13.1 Allowed Expenses. Each councilmember may obtain reimbursement for necessary expenses incurred in connection with the due performance of their " RCW 35A.12.120 15 Packet Pg. 129 Exhibit A — COUNCIL RULES OF PROCEDURE 7.1.i official duties or to obtain information about special aspects of a task, vote, or issue before them. In determining the propriety of a reimbursement request, the councilmember seeking reimbursement must be able to demonstrate and document that the expense incurred relates to a matter in which the city council has an interest, or that the expense affects municipal rights, process, or property. Ultimately, there must be a nexus between the expenditure and the welfare of the Edmonds community and its inhabitants, such that the benefit of the expenditure accrues primarily to the public, not the councilmember. The regular and usual expenses associated with councilmember training, travel, mileage, and office supplies are not included in the reimbursement limit. 13.2 Disallowed Expenses. Reimbursement shall not be allowed for any expense that would secure a special privilege or exemption for the councilmember or an associate of the councilmember. Nor shall reimbursement be allowed for expenses incurred due to the fault or neglect of the councilmember. Ultimately, if the benefit of the expenditure accrues primarily to the councilmember and not the public, the expense should be disallowed. A non -exhaustive list of such expenditures would include reimbursement for dining, entertainment, non- essential travel, and parking infractions. 13.3 Reimbursement Process. Each councilmember shall be entitled to seek reimbursement for up to $250 per calendar year of allowed expenses as described in 13.1, above. To seek reimbursement, the councilmember shall submit a description of the expenditure, an explanation as to how the expenditure satisfies the criteria for an allowed expense, and sufficient receipts, statements, or other documentation to demonstrate that the expense was actually incurred. As long as the councilmember's expenses remain below the $250 annual threshold, no preapproval of the expenditure is required. Preapproval from City Council would be required once the $250 annual threshold is exceeded. The description, explanation, and other documentation described above shall be placed on the consent agenda for approval, PROVIDED THAT when the council acts on the reimbursement request, it shall be deemed approved and the expense shall be paid unless the request is disapproved by a majority plus one of the full city council. To the extent that there is any conflict between the policies and procedures in this Section 13 and the policies and procedures in the August 19, 2014 Employee Expenses, Volunteer Recognition and Reimbursements Policy, this Section 13 shall control. In the absence of any conflict, this Section 13 should be harmonized with other city policies and procedures regarding expense reimbursement. 16 Packet Pg. 130 Exhibit A — COUNCIL RULES OF PROCEDURE 7.1.i ADOPTED BY: RESOLUTION NO. XXXX AMENDED BY: RESOLUTION NO. XXXX 17 Packet Pg. 131 8.1 City Council Agenda Item Meeting Date: 08/3/2021 Landmark Tree Ordinance Extension Staff Lead: Kernen Lien Department: Planning Division Preparer: Kernen Lien Background/History The City Council adopted Ordinance No. 4217 at the March 2, 2021 Council meeting providing protection for landmark trees, those trees with a 24 inch diameter at breast height. In accordance with RCW 36.70A.390 and RCW 35A.63.220, the City Council held a public hearing on Ordinance No. 4217 (Exhibit 2) at the April 20, 2021 council meeting. Resolution No. 1471 (Exhibit 3) contained findings of fact to support the adoption of Ordinance No. 4217 and was adopted on April 27, 2021. Staff Recommendation Adopt the draft ordinance provided in Exhibit 1 extending the landmark tree protections and set a date for a public hearing on this interim ordinance. Narrative The City Council reviewed new tree -related regulations throughout the first half 2021 culminating in the adoption of Ordinance No. 4227. The primary focus of the updated tree regulations is retaining trees when a property is being developed or redeveloped. During review of these regulations the City Council expressed a potential interest in broadening tree codes and/or programs to apply to all properties, not just properties that are being developed. To preserve the largest trees while the next stage of tree code updates is being considered, the City Council passed Ordinance No. 4217. This ordinance prohibits the removal of trees with a 24-inch diameter at breast height (4.5 feet above the ground) on all properties unless the tree is a hazard tree, nuisance tree, or removal has been reviewed with a building permit, subdivision, or other land use approval. Ordinance No. 4217 is set to expire on September 2, 2021. The next stage of tree code updates will not be completed by the time Ordinance No. 4217 expires on September 2nd. To continue providing protection to landmark trees, a new interim ordinance is proposed (Exhibit 1) that would extend the protection for landmark trees six months from the effective date of this new ordinance. A place holder is in Section 5 of the draft ordinance to set the public hearing for this ordinance within the next 60 days. Before considering any tree code updates that might apply more broadly than the development tree regulations that were recently adopted, a robust public engagement process will need to be implemented and it will be some time before any additional tree codes or programs are ready for Council review. Meanwhile, other Stage 2 tree related items are moving forward: An updated tree canopy assessment is underway. (UFMP Goal 1.1) Packet Pg. 132 8.1 An inventory of downtown street trees has been completed. (UFMP Goal 2.C) An update of the street tree plan is in process. (UFMP Goal 2.D and Goal 5.E) Tree Fund has been established and is being included in budget preparation (UFMP Goal 1.F) The position of Urban Forest Planner has been advertised and applications are under review (UFMP Goal 1.H) A tree list developed by the Tree Board and City Staff has been prepared and will be made available shortly (UFMP Goal 5.A) Attachments: Exhibit 1: Draft Ordinance to Extend Landmark Tree Protections Exhibit 2: Ordinance No. 4217 Exhibit 3: Resolution No. 1471 Exhibit 4: March 2, 2021 City Council Minutes Excerpt Exhibit 5: April 20, 2021 City Council Minutes Excerpt (Public Hearing) Exhibit 6: April 27, 2021 City Council Minutes Excerpt Packet Pg. 133 8.1.a CITY OF EDMONDS, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING FOR SIX MONTHS AN INTERIM REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES WHEREAS, the City Council recently adopted new tree regulations with Ordinance 4227; and WHEREAS, the City Council wants to consider adopting additional regulations that would provide additional protection to trees that have a diameter at breast height of twenty-four inches or greater ("Landmark Trees"); and WHEREAS, an interim regulation was adopted for that purpose with Ordinance 4217; and WHEREAS, the City needs additional time to prepare, evaluate and consider the merits, scope, and details of a permanent regulation for Landmark Trees; and WHEREAS, the City Council desires to extend the previously adopted interim regulation to protect Landmark Trees while this work can be done; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this interim regulation is to temporarily protect certain Landmark Trees from "tree removal" as that term is defined in ECDC 23.10.020.V. This temporary protection will allow the City adequate time to adopt a permanent regulation, if such is deemed appropriate, to govern the removal of such trees. For the purposes of this ordinance, a "Landmark Tree" shall be defined as any tree with a diameter at breast height (DBH) of twenty- four inches or more. r s: Section 2. Applicability. The exemption contained in ECDC 23.10.040.A shall have x w no applicability to the provisions of this ordinance. This ordinance shall not apply to any tree E s removal associated with and permitted through a building permit, subdivision, or other land use approval. Q Packet Pg. 134 8.1.a Section 3. Prohibition. For as long as this ordinance remains in effect, it shall be unlawful to direct any act of tree removal toward a Landmark Tree, as that term is defined in Section 1, above, unless the Landmark Tree also meets the definition of hazard tree in ECDC 23.10.020.1-1 or nuisance tree in 23.10.020.N. Section 4. Duration of Interim Regulations. As long as the City holds a public hearing on the interim regulations and adopts findings and conclusions in support of the interim regulations (as contemplated by Section 5 herein), the interim regulations shall not terminate until six (6) months after the effective date, unless it is repealed sooner. Section 5. Public Hearing on Interim regulations. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the City Council shall hold a public hearing on this interim regulation within sixty (60) days of its adoption. In this case, the hearing shall be held on , 2021 unless the City Council, by subsequently adopted resolution, provides for a different hearing date. No later than the next regular Council meeting immediately following the hearing, the City Council shall adopt findings of fact on the subject of this interim regulations and either justify its continued imposition or cancel the interim regulations. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. r Section 7. Effective Date. This ordinance, being an exercise of a power specifically x w delegated to the City legislative body, is not subject to referendum and shall take effect five (5) E s days after passage and publication of an approved summary thereof consisting of the title. Q Packet Pg. 135 8.1.a Section 8. Repealer. This ordinance, which effectively extends the substance of, and in so doing would duplicate, Ordinance 4217, therefore hereby repeals Ordinance 4217. APPROVED: MAYOR MIKE NELSON ATTEST/AUTHENTICATED : CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. T t X W yr d E s m Q Packet Pg. 136 8.1.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2021, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING FOR SIX MONTHS AN INTERIM REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES The full text of this Ordinance will be mailed upon request. DATED this day of , 2021. CITY CLERK, SCOTT PASSEY T t X W yr d E s M Q Packet Pg. 137 8.1.b CITY OF EDMONDS, WASHINGTON ORDINANCE NO.4217 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM EMERGENCY REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES ON A TEMPORARY BASIS, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION, AND DECLARING AN EMERGENCY. WHEREAS, the City Council is in the process of adopting new tree regulations; and WHEREAS, the City Council wants to consider adopting an additional regulation that would provide greater protection to trees of especially significant size; and WHEREAS, such additional regulation for the City Council's consideration may apply to all private properties in the City; WHEREAS, it will take several months for the City to evaluate and consider the merits, scope, and details of such a regulation; and N le WHEREAS, the City Council desires to adopt the following interim regulation to protect landmark trees while this work can be done; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this interim regulation is to temporarily protect certain landmark trees from tree removal as that term is defined in ECDC 23.10.020.S. This temporary protection will allow the City adequate time to adopt a permanent regulation to govern the removal of such trees. For the purposes of this ordinance, a "landmark tree" shall be defined as any tree with a diameter at breast height (DBH) of twenty-four inches or more. Section 2. Applicability. The exemption contained in ECDC 23.10.040.A shall have no applicability to the provisions of this ordinance. This ordinance shall not apply to any tree Packet Pg. 138 8.1.b removal associated with and permitted through a building permit, subdivision, or other land use approval. Section 3. Prohibition. For as long as this ordinance remains in effect, it shall be unlawful to direct any act of tree removal toward a landmark tree, as that term is defined in Section 1, above, unless the landmark tree also meets the definition of hazard tree in ECDC 23.10.020.G or nuisance tree in 23.10.020.K. Section 4. Duration of Interim Regulations. The interim regulations imposed by this Ordinance shall commence on the date of the adoption of this Ordinance. As long as the City holds a public hearing on the interim regulations and adopts findings and conclusions in support of the interim regulations (as contemplated by Section 5 herein), the interim regulations shall not terminate until six (6) months after the date of adoption, unless it is repealed sooner. Section 5. Public Hearing on Interim regulations. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the City Council shall hold a public hearing on this interim regulation within sixty (60) days of its adoption. In this case, the hearing shall be held on April 20, 2021 unless the City Council, by subsequently adopted resolution, provides for a different hearing date. No later than the next regular Council meeting immediately following the hearing, the City Council shall adopt findings of fact on the subject of this interim regulations and either justify its continued imposition or cancel the interim regulations. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. PA Packet Pg. 139 8.1.b Section 7. Declaration of Emergency_. The City Council hereby declares that an emergency exists necessitating that this Ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the Council, and that the same is not subject to a referendum. Without the immediate adoption of these interim regulations, the City faces the possible removal of landmark trees. Therefore, the interim regulation must be imposed as an emergency measure to protect the public health, safety and welfare, and to prevent the removal of landmark trees. This Ordinance does not affect any existing vested rights. Section 8. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 9. Effective Date, This Ordinance shall take effect and be in full force and effect immediately upon passage, as set forth herein, as long as it is approved by a majority plus one of the entire membership of the Council, as required by RCW 35A.12.130. If it is only approved by a majority of the Council, it will take effect five days after passage and publication.le APPROVED: f .I� MAYOR MIKE NELSON ATTEST/AUTHENTICATED: CI ER , SC TT 151WEY Packet Pg. 140 8.1.b APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADA FILED WITH THE CITY CLERK: March 2, 2021 PASSED BY THE CITY COUNCIL: March 2, 2021 PUBLISHED: March 5, 2021 EFFECTIVE DATE: March 2, 2021 ORDINANCE NO. 4217 Packet Pg. 141 8.1.b SUMMARY OF ORDINANCE NO. 4217 of the City of Edmonds, Washington On the 2„d day of March, 2021, the City Council of the City of Edmonds, passed Ordinance No. 4217. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM EMERGENCY REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES ON A TEMPORARY BASIS, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION, AND DECLARING AN EMERGENCY. The full text of this Ordinance will be mailed upon request. DATED this 2nd day of March, 2021. Y � L E EI Y CLERK, SC"'( N le Packet Pg. 142 Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Dicy Sheppard being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH921288 ORDS 4216-4218 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 03/05/2021 and ending on 03/05/2021 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such public tion is $42.0 - Subs *bed and sworn bBfDT8. me on this Linda Phillips z�— Y Public day of f anlNaehington i+xPites08z7 A.A A , f Notary Public in and for the State of Washington. City of Edmonds - LEGAL ADS 114101416 SCOW PASSEY Packet Pg. 143 Classified Proof 8.1.b ORDINANCE SUMMARY of tha City dr Edmantls, Waxhlny7ldn On the 2n6 day of Mercn. 202t, she CISy Council of the Crty dl Edmmtds, passed lfre 1' IL I Otdmancss, Ina summarlas of SWd drdJneneee consJ3rIn of We% arm onmilded as follows: ORDINANCE L34.4 AN ORDINANC OF EOMONDS, WASHINGTON. AMENDING ORDINANCE NO. 4211 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE CRiANANC£ 4 9 .4217 AN ORDINANC. O H Cl Y OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM EMERGENCY REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARX. TREES ON'A TEMPORARY BASIS. SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION. AND DECLARING AN EMERGENCY ORDINANCE NO 4218 AN ORDINANCE OF TffE--1ITY OF EDMONDS, WASHiNGTON. REPEALING EXISi1NG TREE CUTTING REGULATIONS, ADOPTING NEW TREE RELATED REGULATIONS, NEW CONSERVATION SUBDIVISION DESIGN REGULATIONS, AND ESTABLISHING A NEW TREEFUND The full text of these Ordinances wIII bB motion upon raquesr. DATED this 2nd Dayat Mwcn, 2021. CITY CLERK, SCOTT PASSEY Published: March 5, 2021, EDH921288 N le Proofed by Sheppard, Dicy, 03/08/2021 09:45:49 am Page: 2 Packet Pg. 144 8.1.c RESOLUTION NO. 1471 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS OF FACT TO SUPPORT THE ADOPTION OF ORDINANCE 4217, WHICH ESTABLISHED INTERIM DEVELOPMENT REGULATIONS THAT PREVENT THE REMOVAL OF CERTAIN LANDMARK TREES. WHEREAS, the city council adopted Ordinance 4217 on March 2, 2021; and WHEREAS, the city council held a public hearing on Ordinance 4217 on April 20, 2021 to determine whether the interim development regulations adopted by that ordinance were justified and should continue for the remainder of its six-month period of applicability; and WHEREAS, several people spoke at the above -referenced public hearing, both for and against the ordinance: and WHEREAS, many of the arguments offered in favor of the ordinance made points consistent with the whereas clauses of Ordinance 4217; and WHEREAS, many of the arguments offered against the ordinance were less persuasive due to the temporary nature of the ordinance; now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. ADOPTION OF FINDINGS. The city council hereby adopts as its findings of fact to support the adoption and continuing effectiveness of Ordinances 4217 the Whereas clauses contained in Ordinances 4217 as well as the following supplemental findings: A. It takes a long time for a tree to grow from its planted size to a size of twenty-four inch DBH or larger. B. The permanent landmark tree regulations to be adopted later this year may allow for some removal of landmark trees in certain circumstances where removal is deemed appropriate. C. Careful thought and deliberation should be given to the crafting of those permanent landmark tree regulations to ensure that any future removal of landmark trees is not harmful to the public, health, safety, and welfare or that such harm is offset by other competing societal values and benefits. D. Extending the effectiveness of Ordinance 4217 for roughly another four months until September 2, 2021 is reasonable considering how long it would take to replace Packet Pg. 145 8.1.c landmark trees that may be cut without sufficient justification if the ordinance were to be repealed now. Section 2. CONTINUANCE OF MORATORIUM. In light of the findings of fact adopted in Section 1, above, the effectiveness of Ordinance 4217 shall continue and not terminate until September 2, 2021, unless it is expressly repealed by earlier council action. RESOLVED this 27th day of April, 2021. CITY OF EDMONDS i MA,Y6R, MIKE NELSON ATTEST: C TY CLERK, SCOT-T ASSEY FILED WITH THE CITY CLERK: April 23. 2021 PASSED BY THE CITY COUNCIL: April 27. 2021 RESOLUTION NO. 1471 2 Packet Pg. 146 8.1.d canopy around the trees which he assumed was relative to the DBH size, but he doubted they actually measured the tree crown diameter. Surveyed locations of tree are not always required and he assumed the tree canopy diameter would be estimated. Councilmember Distelhorst relayed his understanding that it would be a best guess rather than a measurement. Mr. Lien displayed a site plan that illustrate tree locations with the DBH with some sort of canopy around it. He pointed out a 40" tree and the canopy, a smaller tree with a smaller canopy, an 18" tree with a slightly bigger canopy, and a grove of trees and their canopy. Site plans typically show a canopy but he assumed it was an estimate rather than measured. Councilmember Distelhorst observed that would be acceptable under Council President Paine's amendment. Mr. Lien said he would expect to see that but rather than estimated crown diameters it would be a little related to what was actual on the ground. COUNCILMEMBER OLSON MOVED TO ADD "ESTIMATED" PRIOR TO "TREE CROWN DIAMETER." COUNCIL PRESIDENT PAINE ACCEPTED THAT AS A FRIENDLY AMENDMENT. Councilmember K. Johnson said she will vote against the amendment for the simple reason that the tree crown for conifers is insignificant compared to the drip line which show the broadest part of the tree. Confers' more global shape is equivalent to the crown line of tree. She viewed this as an added step that developers did not need to provide as the current regulations were adequate. For trees more closely associated, the site plan illustrates protection for groups of trees. Mayor Nelson restated the motion: AMEND SECTION 23.10.060.B.2.A.II TO ADD "AND ESTIMATED TREE CROWN DIAMETER." 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. Council President Paine suggested continuing the discussion next week and moving on to the remaining agenda items. Mayor Nelson declared a brief recess. 9. NEW BUSINESS ORDINANCE ESTABLISHING EMERGENCY INTERIM REGULATIONS RELATED TO LANDMARK TREES Development Services Director Shane Hope explained the packet contains an emergency interim ordinance for six months that can be revisited prior to six months. The intent of the ordinance is to apply not only to development but apply broadly to all private properties and prohibit the removal of trees greater than 24" diameter at breast height (DBH) during the interim period unless they are hazardous. The intent of the ordinance, proposed by Council President Paine and Councilmember L. Johnson and supported by Mayor Nelson, was to recognize the Council intends to revisit private property tree regulations. As that will take several months to complete, the emergency interim ordinance will preclude cutting of those trees during the interim period. Ms. Hope explained the ordinance also sets a public hearing date of April 20, 2021 to discuss continuing or changing the ordinance. If approved by a super majority, the ordinance could go into effect Q Edmonds City Council Approved Minutes March 2, 2021 Page 17 Packet Pg. 147 immediately upon adoption. She referenced Section 3 Prohibition, which states, "For as long as this ordinance remains in effect, it shall be unlawful to direct any act of tree removal toward a landmark tree." A landmark tree is defined as 24" DBH unless it meets the definition of a hazard tree or nuisance tree. Councilmember K. Johnson asked how the ordinance will be enforced. She recalled driving down the street recently and seeing that a row of trees had been removed from the backyard of a house and asked how that will be prevented. Ms. Hope agreed that was the most challenging issue with this prohibition. If a tree code is adopted in the future that applies to all properties, it will also raise issues related to review criteria, enforcement, etc. and will require extra resources. There are definitely fewer 24" DBH trees so it will not necessarily affect all the properties in the City. Enforcement would be via seeing it or someone reporting it. If the emergency interim ordinance is adopted, the City will try to get the word out but violators could be subject to penalties. Councilmember K. Johnson said she often hears chainsaws in her neighborhood and trees greater than 24" DBH being topped or cut down. She pointed out once you hear a chainsaw, it is too late as the tree is already being cut down and they usually start at the top and work their way down unless they are logging it for the wood. She suggested once this is adopted, sending a notification to the major tree companies so they know not to cut those trees in Edmonds without permission. Council President Paine said she was glad to have this emergency interim ordinance drafted that protects and preserves landmark trees which are the biggest. She was hopeful it would maintain the status quo and allow the subdivision tree code to be completed as well as put together the resources and planning for an effective urban forestry program, look at canopy data through the canopy study and develop a thoughtful tree code via an extensive public process like was done in 2015. The ordinance will provide that time and prevents impacts on the tree canopy. A lot of the tree canopy has been removed in the last couple years and it would be a shame to lose more. The ordinance will provide time for a more thoughtful tree code that covers all properties. Councilmember Buckshnis said she was excited about this, but it should not use a definition that is not in the code; she suggested rather than "landmark tree," using "significant tree", and instead of 24" DBH, using 12" DBH because a 12" DBH is 60 years old. She agreed with Councilmember K. Johnson's concerns and referred to an application for tree and vegetation removal that the applicant applied for after the fact to remove 2 hazard trees and 11 additional trees. She emphasized tree are being cut down and she preferred to err on the side of caution and use language already in the code. She concluded this is a great step and she applaud the Council for taking it. Councilmember L. Johnson thanked the Administration for hearing their concerns and for working with them to put this together. At the bare minimum, this will protect old growth trees that could never be replaced and grown to the size they are in our lifetime. This is the minimum that can be done; it is really important and should have been done a while ago to protect those trees. Councilmember Distelhorst thanked Mayor Nelson, Council President Paine, Councilmember L. Johnson and the Administration for their work on this. He appreciate the landmark tree and the focus on the 24" DBH. He feared going down to 12" DBH would be more difficult and may be too broad a focus for an emergency ordinance. As with the moratorium, his preference is not to legislate via emergence ordinance and moratorium in general. He hoped having this in place for six months provided the time necessary for public outreach and a process by the Administration and whatever resources the Administration needed to complete that work and to work with residents to have a fuller code and ensure the Council did not continue to legislate via emergency ordinance and moratorium. N O N N t Z x w c d E s Q Edmonds City Council Approved Minutes March 2, 2021 Page 18 Packet Pg. 148 8.1.d Councilmember Olson said her concern with things that arise on short order is the unanticipated consequences. She asked if this would apply to someone doing a renovation on their property or was that covered in another way related to the development aspect. She asked if there could be an exception or caveat that would allow a Council hearing for a tree that someone feels they need to address in the six month period and would provide some flexibility for things that may arise that the Council is not thinking about right now. Ms. Hope said the ordinance does not cover trees going through a permitted development process because that has different requirements. This is related to other areas where people are choosing to cut trees for various reasons. As written, the ordinance would apply to roughly 90% of properties in the City. Mr. Lien clarified it would not impact trees being removed with a reviewed development. This ordinance does not apply to any tree removal associated with a permit through a building permit, subdivision or other land use approval. It is intended to preserve large trees on developed single family properties while the other regulations are being developed. He concluded trees reviewed with a development proposal could still be removed. Council President Paine said she asked similar questions of Ms. Hope regarding a smaller tree diameter. The challenge is there is not enough code enforcement as well as seeking a balance between preserving large trees and hoping to have good compliance with the understanding the City is seeking greater tree canopy and the ability to monitor it. She had inquired about 12" or 16" DBH and was convinced the 24" DBH during the interim period would be more successful and not overstrain resources. Councilmember Buckshnis relayed her understanding that trees associated with a permit for a short plat or subdivision could be removed because the moratorium ends March 10'. She expressed interest in extending the moratorium because she was uncertain the code would be approved by March 10'. She concluded if a developer submitted a permit for a subdivision for a property with a lot of trees, they could be removed regardless of size after March 1 Ot' when the moratorium expires. Mayor Nelson said the issue before the Council is the emergency interim ordinance, not the emergency moratorium. Councilmember Buckshnis pointed out Mr. Lien's statement that this ordinance would not apply to tree removed as part of a subdivision. She asked whether subdivisions should be included in this emergency ordinance since the moratorium ends March 10'. Mr. Lien answered the thought was that the regulations that the Council reviewed in the previous agenda item would be adopted; the new Section 23.10 referenced in the emergency ordinance has regulations that preserve trees with development. If that regulation is not adopted by the time the moratorium expires (Ordinances 4200 and 4201), the regulations would revert to the current tree code. This ordinance may need to be amended if it is adopted prior to the other ordinance because it specifically references Section 23.10. City Attorney Jeff Taraday explained when the emergency interim ordinance was drafted, it was assumed the tree code would already be adopted and this would be next. Realizing the Council potentially wants to make more amendments to the tree, he proposed adopting the tree code tonight with the amendments that were made and come back next week and continue to make amendments. The result would be instead of making amendments to a draft code, the Council would be amending an already adopted code. That would address the concern about the moratorium expiring. He believed if the Council waited until next week, the moratorium would be expired at the time of next week's Council meeting. Council President Paine said as she understands the emergency moratorium, when the conservation subdivision code is adopted, the moratorium will expire. Ms. Hope answered yes, the way it is currently written. Mr. Taraday said there is a repealer section in Section 4 of the tree code ordinance that expressly repeals the tree moratorium because the new tree code goes into effect. An argument can be made [Mr. Taraday discontinued participation in the virtual meeting]. N O N N x w c d E s U M Q Edmonds City Council Approved Minutes March 2, 2021 Page 19 Packet Pg. 149 8.1.d COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND FOR 15 MINUTES. MOTION CARRIED UNANIMOUSLY. Councilmember Buckshnis said Mr. Taraday and she have been discussing the fact that approving the tree code repeals Ordinances 4200 and 4201, the moratorium on subdivisions and short plats. If the Council approves the tree code as Mr. Taraday suggested, she has more amendments that she feels would solidify the tree code. She was leery of approving the tree code tonight. Ms. Hope said the tree ordinance in the packet specifically repeals the moratorium which otherwise would expire March 10'. If the Council adopts tree regulations as amended, and comes back next week to make further amendments, that may be preferable to extending or creating a new moratorium. Mr. Taraday said there is language in Ordinance 4200 that tries to avoid this situation from occurring by stating something like the ordinance will not be presumed to have been repealed or expired but the Council will do that by ordinance. He was uncertain that language had been tested in court; it was included as a potential safety net. He would prefer not to rely on that language and would rather the Council not accidentally allow the moratorium to expire. Ms. Hope said by adopting the proposed tree regulations with the amendments approved tonight, the moratorium would be ended, but next week Council could consider making additional amendments to the adopted tree code. That would prevent the unintended expiration of the moratorium expiring or creating a new moratorium on the fly. Mr. Taraday agreed. Councilmember K. Johnson said the Council has gotten off subject. The issue before the Council is the emergency ordinance and the Council should make a decision on that before deciding on other things. Councilmember Buckshnis explained if the Council approves this emergency ordinance tonight, it refers to definitions in the tree code which haven't been approved. If the Council approves the tree code, it removes the moratorium. She asked if the Council could approve the tree code and remove Section 4. Mr. Taraday said Section 4 of the tree code ordinance could be removed. He did not want to represent to the Council that the moratorium was bulletproof and remained in effect by virtue of removing Section 4 because Ordinance 4200 specifically states it is a 4 month moratorium and the 4 months expire on March I Oth COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO MOVE FORWARD WITH THE INTERIM EMERGENCY TREE ORDINANCE FOR LANDMARK TREES AND MOVE BACK TO DISCUSSING THE CONSERVATION SUBDIVISION CODE WITH THE AMENDMENTS MADE SO FAR AND COME BACK NEXT WEEK. Councilmember Distelhorst relayed his understanding that the emergency ordinance references code that does not yet exist until the Council adopts the tree ordinance which is why the tree ordnance needs to be adopted first. Mr. Taraday said the ordinances certainly were not intended to be adopted in the order that is currently being considered but a few minutes' difference would not be a problem. Councilmember Olson suggested an option would be holding an emergency meeting on Friday afternoon to discuss the remaining tree code amendments and the existing moratorium issue. Mayor Nelson said he was not available on Friday. Councilmember Olson said the Council could have a meeting without the Mayor. Councilmember Fraley-Monillas said she also was not available. Council President Paine restated the motion: N O N N s x w c as E s U M Q Edmonds City Council Approved Minutes March 2, 2021 Page 20 Packet Pg. 150 TO APPROVE ORDINANCE NO. 4217, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM EMERGENCY REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES ON A TEMPORARY BASIS, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION, AND DECLARING AN EMERGENCY. COUNCILMEMBER BUCKSHNIS MOVED TO AMEND TO CHANGE "LANDMARK" TO "SIGNIFICANT" AND CHANGE "24" DBH" TO THE DEFINITION OF SIGNIFICANT TREE WHICH IS 12" DBH. MOTION DIED FOR LACK OF A SECOND. UPON ROLL CALL, MAIN MOTION CARRIED (6-0-1); COUNCILMEMBERS K. JOHNSON, DISTELHORST, BUCKSHNIS, OLSON, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBER FRALEY-MONILLAS ABSTAINING. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO ADOPT THE AMENDED DRAFT TREE ORDINANCE AS DISCUSSED EARLIER TONIGHT, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING EXISTING TREE CUTTING REGULATIONS, ADOPTING NEW TREE RELATED REGULATIONS, NEW CONSERVATION SUBDIVISION DESIGN REGULATIONS, AND ESTABLISHING A NEW TREE FUND. Councilmember Buckshnis said she was leery of doing this when it was not complete. There have been examples in the past where there has been an attempt to bring ordinances forward and the minority could not get it done. She hoped there was a promise that additional amendments could be considered, noting she has about nine more amendments. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO AMEND BY REMOVING SECTION 4, "ORDINANCES 4200 (MORATORIUM) AND 4201 (ASSOCIATED INTERIM REGULATIONS) ARE HEREBY REPEALED." Councilmember Buckshnis hoped the Council would spend quality time to consider all the amendments and address the moratorium next week or when it expires. She felt it was premature to have Section 4 in the ordinance. As City Clerk Passey began to take a roll call vote (Councilmember K. Johnson abstained and 0 Councilmember Distelhorst voted no), Councilmember Olson raised a point of order that the original cm moratorium stated the moratorium would expire when the tree code was passed or when it expired, N whichever came first. Ms. Hope recalled it stated a 4-month period which would be March 10' unless N Council acted to repeal it sooner. Mr. Taraday read from the ordinance, "The moratorium imposed by this 2- ordinance shall commence on the date of adoption of this ordinance. The moratorium shall not terminate `c until four months after the date of adoption unless it is repealed sooner. The Council shall make the decision to terminate the moratorium by ordinance and termination shall not otherwise be presumed to have to occurred." He explained that is the language he referred to earlier as untested. He suggested if the r Council's intent is not to have the moratorium repealed right away, amending Section 4 to read, "The x w effectiveness of Ordinance 4200 shall be extended to March 24, 2021" which would give the Council two more weeks to resolve anything outstanding in the tree code. Councilmember Fraley-Monillas agreed with waiting two weeks, anticipating at 10:14 p.m., the Council s could be meeting half the night trying to make all the amendments. Q COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO EXTEND FOR 5 MINUTES. MOTION CARRIED UNANIMOUSLY. Mayor Nelson restated the motion: Edmonds City Council Approved Minutes March 2, 2021 Page 21 Packet Pg. 151 8.1.d TO AMEND BY REMOVING SECTION 4, REPEALING ORDINANCES 4200 AND 4201. UPON ROLL CALL, AMENDMENT CARRIED (4-2-1); COUNCILMEMBERS K. JOHNSON, BUCKSHNIS, AND OLSON, AND COUNCIL PRESIDENT PAINE VOTING YES; COUNCILMEMBERS DISTELHORST AND L. JOHNSON VOTING NO; AND COUNCILMEMBER FRALEY-MONILLAS ABSTAINING. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND TO ADD A NEW SECTION TO THE ORDINANCE, "ORDINANCE 4200 IS EXTENDED TO MARCH 24, 2021." Councilmember Distelhorst asked if the motion needed to include Ordinance 4201. Mr. Taraday recommended they be handled as a package as they were originally adopted as a package. He requested adding "effectiveness" so the motion stated, "The effectiveness of Ordinances 4200 and 4201 will be extended to March 24, 2021." Council President Paine restated the motion: TO AMEND TO ADD A NEW SECTION TO THE ORDINANCE, "THE EFFECTIVENESS OF ORDINANCES 4200 AND 4201 IS EXTENDED TO MARCH 24, 2021." Councilmember K. Johnson asked which ordinances these were, whether it was the moratorium ordinance. Council President Paine answered yes and Ordinance 4201 was the associated interim regulations. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO EXTEND FOR 7 MINUTES. MOTION CARRIED (6-1) COUNCILMEMBER FRALEY- MONILLAS VOTING NO. 2. 4TH AVENUE CULTURAL CORRIDOR PUBLIC PROCESS Due to late hour, this item was postponed to a future meeting. 10. MAYOR'S COMMENTS Mayor Nelson reported today the President and Governor announced additions to those eligible for immediate access to the vaccine - school educators and licensed childcare workers. As more people become eligible, hopeful the availability of vaccines will also increase. The numbers in Snohomish County continue to drop, yesterday's report was 109 cases/100,000 (previously 119/100,000). That is still not enough fast enough so he encouraged the public to continue wearing masks, washing hands, and watching their distance. 11. COUNCIL COMMENTS Councilmember Olson wished all be well and happy. Councilmember Distelhorst said March is Women's History Month. He is honored to serve alongside his colleagues on Council. International Women's Day is March 8', a big day in his household because in Mongolia where his wife and two daughters are from, it is actually a national holiday. While he lived in Mongolia, it was a widely celebrated holiday Anyone interested in learning more about notable figures, Q Edmonds City Council Approved Minutes March 2, 2021 Page 22 Packet Pg. 152 8.1.d the Sno-Isle Library has a recommended book list for adults and teens including a lot of graphic novels that are more approachable and easier to read than non-fiction history books. There are also a number of events this Sunday and Monday related to Edmonds' International Women's Day. He gave a huge shout out to Dr. Kizzy Corbett, one of the key scientists developing the Moderna vaccine; his mom finally got her first shot this morning. Councilmember Buckshnis wished Jack Beven, a former Councilmember, a Happy 98' Birthday. Mr. Bevin is doing well and often asks about the tree code. She announced the Potlatch Bistro at Edmonds Waterfront Center is opening March 4t''. Reservations can be made at OpenTable; up to 50 people can be seated and the view is gorgeous. Council President Paine said she was excited about tonight's actions. She referenced the recent difficulties with Perrinville Creek, expressing her appreciation for the Mayor and Administration's leadership in providing an outline of what has happened and their plans; improvements that have been needed for nearly a decade. She was glad to see the Edmonds School District representatives talking about the capital levy. She wished everyone be safe and well. Councilmember L. Johnson said she was excited and relieved teachers are now eligible for vaccination; they have been shouldering a huge burden with many unknowns. There was a lot of excitement in her household when then learned teachers would be eligible. Student Representative Roberts was delighted to hear that educators are now able to get the vaccine and glad it was one step closer to going back to school. He was able to get the first dose of the Pfizer vaccine a few weeks ago as a volunteer for Swedish and he encouraged everyone to get vaccinated when it is offered to them so this virus can be put in the past. He urged the public to wear a mask, make safe choices and check in with each other as we're all in this together. 12. ADJOURN With no further business, the Council meeting was adjourned at 10:24 p.m. Q Edmonds City Council Approved Minutes March 2, 2021 Page 23 Packet Pg. 153 8.1.d Public Comment for 3/2/21 Council Meeting: From: cdfarmen Sent: Tuesday, March 2, 2021 9:17 AM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Prposed Tree code Dear Council Members, Amending the proposed tree code to meet the expectations of retention and no -net -canopy loss will be no easy task. The terminology used throughout the proposed code is not restrictive enough to prevent the unabated cutting of the trees the city wants and needs to protect. Initially, I was under the impression the 35% tree retention was a requirement. But, what I came to find out it was not a precondition nor an obligation on the developer to retain 35% of the trees on the property. When I asked Mr. Lien about that, he said the intent expressed by the Planning Board, was to make the 35% retention the first effort (or step) in tree retention. That being the case, if the developer chooses not to meet that level of retention, the next option becomes cut and replace followed by a third option of cut and pay. No matter how you perceive the proposed tree code, clear -cutting is still a viable option for the developer. Without some true retention requirements, how do you achieve a goal of no -net - loss of canopy or anything ecologically related? The statement at the top of page 7 where it says "significant trees on lots proposed for development or redevelopment shall be retained as follows". That clearly is a misrepresentation of reality. Doesn't the definition of "shall be" indicate that there is an obligation to preserve rather than an option? There are parts of the tree code where the term prohibited is used such as in the case of certain situations within described critical areas or in the case of "protected trees". Why not prohibit the cutting of a specified percentage of all viable trees on the property? Why not make the applicant be a responsible partner in tree retention? There needs to be a " stop limit" required so that, at a minimum, for example, 20% of all existing viable/significant trees must be preserved. Such a required retention limit is needed so the developer cannot clear-cut the entire subdivision site and "buy their way out" of any tree retention measures. The other weakness in the proposed code is that the Director has far too much discretion in deciding how to apply the tree code. There are more than 12 cases where the director reserves a Edmonds City Council Approved Minutes March 2, 2021 Page 24 Packet Pg. 154 8.1.d the right to take certain discretionary actions. How can the tree code be appropriately applied under those circumstances? It is very important that you develop a vigorous tree protection code, one that can prevail in its first real test of its effectiveness when applied to the development of the Seaview Woods subdivision. Respectively submitted, Duane Farmen Seaview resident From: Bonnie Kirby Sent: Tuesday, March 2, 20218:23 AM To: Council <Council@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Tree issue Hello! I want to second the email sent to you from Johanna Malloy, my neighbor. She has stated exactly what I would have sent to you. New tree issues really need to be addressed. Thank you. Bonnie Kirby From: Johanna Molloy Sent: Tuesday, March 2, 2021 7:33 AM To: Council <Council@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: New Tree Code Dear Edmonds City Council, z r Thank you for all you do to maintain our beautiful town of Edmonds. As you are reviewing the new Tree Code, we would like to call your attention to a few issues that we feel are of vital w importance: E 1) Safety issues for pedestrians and vehicles around street corners that are extremely a dangerous because of overgrown trees, bushes and out of control vegetation. This includes not a only visual impairments as people approach an intersection (both walking and driving), but potential dangers from falling trees and limbs -especially during stormy weather. Edmonds City Council Approved Minutes March 2, 2021 Page 25 Packet Pg. 155 8.1.d 2) Trees that infringe on PUD, cable and/or other communication wires that can cause potential fires, lack of quality in communication lines and repeated trimming trips to the same location to try and keep areas clear. This can cause aesthetically negative outcomes, as well as rising costs for consumers. (See pictures below -facing both directions and directly from across the street.) 3) Real Estate Values on "View" properties that decline because of neighbors that do not honor other's views and financial investment by keeping the trees on their property maintained/trimmed. 4) Please make sure that there is reasonable consideration for individual situations that may need extra attention because of extenuating circumstances. For example, the measurements used to address whether or not a tree is an issue in the pictures below, may not reflect the fact that during non-Covid lockdowns, many children cross that intersection on field trips to the water, which is one block away. There are also many joggers, parents with strollers and dog walkers that make visiting 2nd and Edmonds their daily routine. One can clearly see that these limbs (that now spread almost completely across the entire street since these pictures were taken) are a danger and annoyance as people try to avoid them, regardless of the actual measurements. We hope that you will consider these community concerns. We know that MANY neighbors where we live on 2nd Ave N, have complained over the years regarding the overgrown trees on the NW corner of 2nd and Edmonds Street. PUD has approached the owner of the property there (121 Edmonds St) and offered to remove the trees at no cost to the owner and even provide a voucher for new trees, but the owner refused. We love the trees here in the Pacific Northwest. However, we also love being civically pro- active regarding safety in our community, preserving our exceptional views and keeping our financial investments secure. Thank you again for all your hard work. We appreciate your time and attention to these concerns, Johanna and Bill Molloy PS Please forward this email to any parties that may be helpful to addressing our topics and concerns. From: Katy Bigelow Sent: Monday, March 1, 2021 4:31 PM a Edmonds City Council Approved Minutes March 2, 2021 Page 26 Packet Pg. 156 8.1.d To: Lien, Kernen <Kernen.Lien @edmondswa.gov>; Dill, Debra <Debra.DiII@edmondswa.gov>; Spellman, Jana <Jana.Spellman@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Notes to consider for the tree code Basic edits are needed: 1. Revise: 2. Tree Risk Assessment Qualification (TRAQ) as established by the ISA Track to read "TRAQ" not "Track" 2. Should be noted that development which contains a Critical Area are held to different standards .. and those standards locations need to be referenced. Questions: 1. How are 30% or 25% retention requirements determined? Is it by total tree diameters? By best looking trees according to the developer/tree professional? By canopy cover? 2. B. No tree replacement is required in the following cases: 8.3.e Packet Pg. 386 Attachment: Attachment 5: Tree Ordinance (Draft Tree Regulations and Subdivision Code Amendment) 15 1. The tree is hazardous, dead, diseased, injured, or in a declining condition with no reasonable assurance of regaining vigor - By determination of a tree professional? 3. Under civil penalties, "If illegal tree topping has occurred, the property owner shall be required to have a certified arborist develop and implement a five (5) year pruning schedule in addition to monetary fines and required tree replacement. " what if the tree professional L) determines that pruning is not the best course of corrective action or can not be completed r as the tree is close to a total loss? N O Final thought: N The City would benefit from having an actual arborist on the Tree Board. This is a strong recommendation that could yield better advice in future rounds of edits. Katy Bigelow ISA Board Certified Master Arborist® x w International Society of Arboriculture Certified Arborist PN-6039B a PNW ISA Tree Risk Assessment Qualified z U Registered Consulting Arborist° #490 J° Member - American Society of Consulting Arborists a Edmonds City Council Approved Minutes March 2, 2021 Page 27 Packet Pg. 157 8.1.d From: Eunice Jones Sent: Friday, February 26, 20218:02 PM To: Council <Council@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Re: Citizens Housing Commission Please vote NO to urbanize and up zone all of Edmonds. Affordable housing will NOT be accomplished with the Urban Density proposals that are scheduled to be presented to you on Tuesday, March 16. And our family lot suburban neighborhood will likely be gone if you approve those policy proposals. Those consequences would be tragic. Please do not destroy our Edmonds. Thank you, E. A. Jones From: art jones Sent: Friday, February 26, 2021 1:09 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Citizen Housing Commission 02/26/2021 Open Letter to Edmonds City Council RE: Citizens Housing Commission believe the Commission should be thanked for their time and effort to achieve more affordable housing in Edmonds. believe their final list of 15 proposals is a VERY large negative for current residents of w Edmonds. c as E believe implementation of those proposals would have an irreversible effect on the ambience and character of Edmonds and ultimately help produce the opposite outcome of the original a intention. PLEASE! PLEASE! DO NOT ALLOW SUCH TO BECOME IMPLIMENTEDH Thank you, Edmonds City Council Approved Minutes March 2, 2021 Page 28 Packet Pg. 158 8.1.d A.L.Jones Q Edmonds City Council Approved Minutes March 2, 2021 Page 29 Packet Pg. 159 8.1.e 11. APPROVE A 10-FT DEDICATION FOR 70TH AVE W RIGHT-OF-WAY ADJACENT TO 15809 70TH AVE W 12. APPROVE LOCAL AGENCY PROFESSIONAL SERVICES AGREEMENT WITH CM DESIGN GROUP, LLC FOR THE 76TH AVE OVERLAY PROJECT 13. APPROVE PEDESTRIAN EASEMENT AT 8609 244TH ST. SW 14. AWARD CONSTRUCTION CONTRACT FOR THE PHASE 8 SEWERLINE REPLACEMENT PROJECT 15. RENEWAL OF INTERLOCAL AGREEMENT WITH EDMONDS SCHOOL DISTRICT FOR ISSUANCE OF KEYS TO ACCESS SCHOOL BUILDINGS IN EMERGENCIES 7. PUBLIC HEARING 1. PUBLIC HEARING ON EMERGENCY ORDINANCE 4217 REGARDING PROHIBITION OF REMOVAL OF LANDMARK TREES Development Services Director Hope provided an introduction to the agenda item. Environmental Program Manager Kernen Lien provided an overview of the ordinance, explaining Interim Ordinance 4217 prohibits the removal of certain landmark trees for a period of six months. The ordinance defines a landmark tree as a tree with a diameter at breast height (DBH) of 24 inches or larger with DBH measured at 4.5 feet above the ground. The stated purpose of the ordinance is to temporary protect landmark trees to allow the City time to adopt permanent regulations governing the removal of landmark trees. The ordinance applies to all landmark trees in the City except for under two circumstances, 1) trees that are determined to be hazard or nuisance trees as defined by the ECDC 23.10.020, and 2) trees associated with and permitted through a building permit, subdivision or other land use approval. Mr. Lien explained when this ordinance was adopted, it was adopted at the same time as Ordinance 4218 c which adopted the tree regulations that apply to tree retention with development, ECDC 23.10. The 2 exception for trees associated with and permitted through a building permit, subdivision or other land use •5 approval was included because regulations were being adopted that dealt with tree retention with c development. Ordinance 4217 is similar to the subdivision moratorium adopted by the Council via t� Ordinance 4200 which put a hold on subdivision applications that contained a certain density of trees. Ordinance 4200 was adopted to allow time for the City to work on tree regulations for new development v which the Council has been working on and adopted a revised version last week. N 0 N During review of the new tree regulations, Mr. Lien said the public and City Council expressed a desire for cm a more expansive set of regulations that provide protection for trees on all properties regardless of whether Q they are being developed. Ordinance 4217 provides protection for the largest trees while the next stage of Q tree codes are being developed, landmark trees 24" or greater. Consideration of Stage 2 of the tree code update will begin next week at the Planning Board. Councilmember Buckshnis said she did not necessarily agree with Mr. Lien's comment about a subdivision z w moratorium and that this emergency ordinance took the place of it. Developers can still cut down landmark c trees because section 2 provides that exemption. Mr. Lien said he compared this ordinance to Ordinance a) 4200 because Ordinance 4200 was adopted to allow time for the City to develop tree regulations that apply to development. Ordinance 4217 is not intended to replace Ordinance 4200, but was adopted in a similar vein, where the City Council wants to adopt more expansive tree regulations that apply to all properties Q regardless of whether they are being developed and in the interim wanted to protect the largest trees. Edmonds City Council Approved Minutes April 20, 2021 Page 7 Packet Pg. 160 8.1.e Councilmember Buckshnis said in the same vein as homeowners cannot cut trees over 24", but developers can. That needs to be made very clear; developers can still cut down trees in subdivisions. Mr. Lien said anyone developing their property can cut down a tree if it is approved with a building permit and subdivision under the new tree regulations that were recently adopted. Ms. Hope clarified with development there are permits, site plan review, etc. which is an extensive process, compared to other properties that are not being developed, there is currently not much process unless it is a critical area. Council President Paine recognized Councilmembers have been receiving a lot of emails from the public. Some of the confusion is due to the code work that has done over the last several weeks; trees on vacant properties being developed will be governed by the regulations adopted last week. Mr. Lien agreed. Councilmember Buckshnis clarified the Council has never gone over the subdivision flexible code to make any amendments and it is not mandated so subdivisions can in fact still remove trees and developers can still cut down significant and landmark trees. Councilmember Distelhorst recalled the Council reviewed the subdivision conservation chapter extensively every time the tree code was reviewed and had opportunity to make amendments. He was glad it had been adopted and was now available for low impact development. Mayor Nelson opened the public hearing. He invited participants and described the procedures for the public hearing. Linda Ferkingstad, Edmonds, said her parents have been trying to divide their property for 4 years and 0 so far have paid $100,000 to comply with the many city, county and fire department requirements for a geologists, arborists, architects, surveys and engineers. The additional cost for penalties they will most Q. likely have due to many old trees on the property will be $100,000 - $200,000 in addition to the $100,000 they have already paid. Sadly her parents are getting older and more fragile with the recent disappointing w delays voted in by the City Council since November without notice on a moratorium. Moratoriums hurt w m people and incomes and restrict actions to build home for people who need them. The City is targeting the livelihood of specific property owners intending to build; this has been used as a method to manipulate the laws in place to target specific individuals and is clearly discrimination brought on by specific Council and — board members. These laws are dangerous for the City's reputation. Many citizens have stated their concerns and haven't been given any consideration. The loss of their dream of being neighbors to her v parents and daughter, which they were told in the beginning by planning employees was possible, is heartbreaking. The City of Edmonds has made building new homes difficult for small contractors by j constantly moving the goalposts while moving building elevations to 6 stories for large contractors, mostly N likely contractors outside the City. Forcing out mom and pop contractors will bring large, out of town N contractors with money and influence to bypass these laws, clearcutting for their needs. Housing material c costs have doubled and tripled in the past few months; the Council is making Edmonds an unlivable place N for people who just want to have a home for themselves. They have a beautiful, remodeled home near the Q property that they used to train five young men in the construction field at their own expense. Their neighbor has been using the City to harass them and require permits while the neighbor has done more work without "' permits. If these new laws stand, her parents should be reimbursed by the City for the $100,000 they have paid to comply with City requirements and the potential loss of earnings. w Fred Gee, Edmonds, a 10-year resident, said he loves trees, the forest and the old growth. However, he strongly disagreed with the new tree ordinance and did not feel it was an emergency to pass this onerous z restriction on private property rights in Edmonds. They have several large trees on their property and feel to it is their right to cut them down when they need to when they become too large. New restrictions and Q regulations do not encourage people to plant trees, instead they discourage tree planting due to the worry Edmonds City Council Approved Minutes April 20, 2021 Page 8 Packet Pg. 161 8.1.e over possible restrictions on what can be done with them in the future. Homeowners should be allowed to decide on their own what's best for their property. Most people like trees and want trees on their property but he feared trees 24" in diameter would be cut down to avoid being regulated by this emergency ordinance. He did not agree with taking away private property rights of Edmonds homeowners. Edmonds is not a gated community with rules regulating the height of grass, bushes, etc. People live in Edmonds to have the freedom to maintain their property in the manner they see fit for their own use. Natalie Seitz, Edmonds, said in the past 18 months, she has spent more than $1800 to address safety and maintenance of a single tree. Work has been limited to safety, improving the clearance to her house, reducing the risk of branch failure and inspecting topping done decades ago for decay and significant cavities. She also spent a day hand -digging and transplanting a maple tree improperly planted near this tree, just 26' from her son's bedroom. She shared this so the Council knew the significant effort citizens take to maintain large trees on their property. She asked the Council to cancel the emergency, interim regulations because she ardently believed the City needs to form a partnership with property owners if they want to preserve large trees and the City's actions are contrary to the formation of that necessary partnership and conflict with the stated goal. After receiving the emergency ordinance flyer, she was surprised to visit the City's website and learn the extent to which the process to adopt tree regulations has already taken place. When she moved to Edmonds in 2019, she reached out to the planning and engineering departments to identify and discuss her interest in tree regulations and questioned why she had not been previously notified, especially since she had previously expressed her interest to the City. With regard to the emergency ordinance, this is not an emergency. The City's statement of urgency in the ordinance is possible removal of landmark trees; the possible removal of trees with a diameter of 24" has been in place since prior to the City incorporation. There is nothing about the statement of emergency that establishes emergent new facts unless the City contends the undertaking of a normal regulatory process is the cause of the emergency which she said was clearly established by the whereas clauses. She was upset by the City's action because the statement of emergency is clearly a false pretense, strips citizens of their normal, fair regulatory process by removing the right to referendum, and strips property owners from their rights to manage property, property owners who have clearly demonstrated their desire to maintain trees. Last year she saw a City employee in her backyard; when approached, he quickly left saying he was looking for a water meter. She submitted a public record request to determine if he was actually trying to survey her property for trees. Citing the lack of notice, an emergency ordinance that strips citizens of their fair, regulatory process, and the potential illegal entry of her property, she reiterated the need to form a partnership with landowners. Partnerships happen when people feel they are being treated fairly; cancelling this emergency ordinance is the first step toward forming a partnership that will be necessary to preserve large trees. Maria Sickle, Edmonds, said citizens feel ordinances are being passed without any notification. Increasing V_ N N the cost of tree cutting also increases the cost of housing development. She recalled from the March 10' o meeting that Snohomish County is behind in housing development. When the cost of development is N increased, it increases the cost of housing. Small construction companies will be unable to build in Edmonds Q because they cannot afford the high cost of tree cutting and the small home building companies will go elsewhere and big, out-of-town development companies will do exactly what the City does not want, clear- cut all the trees because they can afford to. The small construction companies care about the area and want to make it look nice for future generations, but the tree code is going backwards on that point. The moratorium has been a way to manipulate laws and target specific individuals with the intent to build such w as development in Perrinville and she feared taxpayers' money would be used to defend lawsuits. She urged the Council to rethink laws before implementing them and consider what they are looking for before z approving them. a Edmonds City Council Approved Minutes April 20, 2021 Page 9 Packet Pg. 162 James Leach, Edmonds, observed this is a very contentious topic and suggested it be voted on. He questioned why this was considered an emergency and assumed as an emergency ordinance, it was not going through the standard process and when something does not go through a standard process, it looks like an end run to avoid notice to the citizenry. He requested responses to his questions. Mayor Nelson advised the public hearing is an opportunity for public comment, not for question and answer. Kristina Stapleton, Edmonds, a homeowner with landmark trees on her property, spoke in favor of the ordinance. Her neighbor has been cutting trees that block her view and she was sad to see them go because they are part of what makes Edmonds a beautiful place. She said just because a person has landmark trees on their property does not mean they do not support ordinances that protect them and she was happy landmark trees were being protected. Joe Scordino, Edmonds, a 42+ year resident, thanked the Council for passing the ordinance, finding it necessary while the Council works on a tree code that applies not only to developers but also to all residents of Edmonds. The City has been working for five years to develop a tree code to preserve trees; a green environment is Edmonds' heritage and he was pleased the City has tried to preserve it. While the City has been working on a code that makes sense for the trees and citizens, hundreds of trees have been cut down including clearcutting of lots for development. In his estimation, trees could have been left around the perimeter but that is not happening so it is clear a tree code is needed to protect the trees for the betterment of everyone. In response to some commenters, these restrictions shouldn't be a surprise; the City has been working on this for at least five years. Two years ago the City passed an Urban Forest Management Plan and everyone knew where Edmonds was headed. He suggested Section 2 of the ordinance needed to be revised to clarify people are currently not allowed to obtain permits to remove landmark trees. As currently worded, it suggests the permit process will proceed as normal and someone can apply for a permit and begin cutting down landmark trees. The Council should also discuss why this ordinance does not apply to significant trees, the core of the tree code. He questioned why significant trees were not used instead of landmark trees. Kimberly Bailey, Edmonds, spoke against the ordinance applying to residents and not developers. The majority of large trees that are lost are on lots clear-cut for development where they take down every tree and blade of grass and leave the dirt bare. The City Council does not have the right to tell property owners what they can do with their own property. She also objected to reference to heritage trees and nothing about the type or quality of the tree; if it is big enough, it counts. For example, a huge holly tree which is also an invasive species and even Parks removes them. Size alone does not make a tree valuable. The Tree Board cites the right tree in the right spot; sometimes after 20-25 years what was the right tree in the right spot is no longer the right tree in the right spot. This ordinance is poorly designed and does not serve taxpayers well. Susie Schaefer, Edmonds, a 40+ year resident, said she has seen a lot of trees removed in Edmonds. She referred to the land acknowledgement read at the beginning of the Council meeting and suggested the City was losing its heritage due to tree removal. She believes in native trees and agreed with the previous speaker that large holly trees are not native and squeeze out native trees. For anyone that does not know which trees are native, they can learn about them when the Demo Garden is redone and reopens. All she sees are trees being cut down, none being replanted to realize the Northwest heritage. She often tells kids complaining about the rain that they are tough, Northwest kids. People in this area should be tough and should respect their heritage. This area was forested in the past and she continues to see trees removed for development. The world is changing rapidly and people need all the oxygen they can get. They need to think about climate change every day and actions need to reflect that. She summarized she was in favor of trees. Hearing no further public comment, Mayor Nelson closed the public participation portion of the public hearing. N O N 0 N �L a Q z x w c a) E z a Edmonds City Council Approved Minutes April 20, 2021 Page 10 Packet Pg. 163 8.1.e Mr. Lien relayed staff s recommendation to continue the interim ordinance through its current expiration date while staff works on the tree regulations. Councilmember Distelhorst asked if the ordinance would be in effect until December 2nd and then would expire. Mr. Lien agreed it would expire December 2nd, six months from March 2nd. Councilmember Distelhorst clarified this was a temporary ordinance until regulations were developed. Councilmember Buckshnis recalled she wanted to put this on the agenda last week so she could remove Section 2. She asked if there were permits that had already been issued and if Section 2 were removed, would developers be treated exactly the same as homeowners. Mr. Lien answered a number of permits have been submitted. One of the tree cuttings mentioned during public comments was related to a permit approved two years ago. He was aware of only one application that has been submitted that would be subject to the new tree regulations. Councilmember Buckshnis recalled when this was quickly approved on March 2nd, she wanted to add significant trees. She asked whether significant trees could be added to landmark trees. City Attorney Jeff Taraday said there is no legal reason but it is a significant policy change. Councilmember Buckshnis said she knew it was a significant policy change, but the March 2nd minutes illustrate how quickly this was done and there were not really any discussions about it. Mr. Taraday acknowledged it was a policy issue so the Council could change its mind. He recalled from that discussion the thought was that significant trees had been adequately addressed through the development regulations that the Council had since adopted and that interim regulations were a tool to deal with important situations and at the time only landmark trees warranted that treatment. That did not mean the Council couldn't adopt other regulations related to significant, but at the time it was the Council's decision to limit it to landmark trees. Councilmember Buckshnis said the Council never vetted 23.075 or 048 for which she had a number of amendments. At the March 21 meeting, Mr. Lien provided examples related to low impact development and then the Council suddenly approved the entire tree code and attachments without a code number. She wanted it to be very clear how this occurred which is why there have been so many concerns about the process. She expressed support for including significant trees in the ordinance. Councilmember Fraley-Monillas asked the difference between significant and landmark trees. Mr. Lien answered the new tree code defines a significant tree as a 6" DBH and a landmark tree as a 24" DBH. Councilmember Fraley-Monillas summarized the difference was the size of the tree. Council President Paine recalled when this emergency interim ordinance was developed, the discussion on N March 21 included the inability to do code enforcement related to trees. She assumed there had been a lot N of inquiries to Development Services about the possibility of trees being cut down. She asked approximately c how many subdivision applications the City receives a year and how many are vested under the older tree N code. Mr. Lien said in reviewing the past 10 years, the City averages about 10 subdivisions per year, both 6. 0 formal (5 or more lots) and short plats. Council President Paine asked about the number of permits for vacant lots. Mr. Lien said he would need to do more research to determine how many subdivisions are vested and how many have received preliminary approval. Once a subdivision receives preliminary approval, the developer has five years to finalize it. He w would need to research the last five years to determine how many preliminary approved subdivisions were still in process. He did not know how many vacant properties there were throughout the City. The City is z largely developed and vacant lots are few and far between. Some of the properties left vacant are vacant for U a reason, primarily because they are more difficult to develop. Q Edmonds City Council Approved Minutes April 20, 2021 Page 11 Packet Pg. 164 8.1.e Councilmember Olson also recalled enforcement and the administrative burden of including a greater number of trees was part of the consideration. The Council has several options, vote yes or no to continue the ordinance or make amendments. Mr. Taraday anticipated an amendment would take the form of a new interim ordinance as that would be the cleanest way. Councilmember Olson asked if that would require a new hearing process. Mr. Taraday said it would. Councilmember Olson referred to Ms. Seitzs' comments about the emergency designation of the ordinance, recalling she understood the urgency of the ordinance. She asked if it was an issue legally to use an emergency ordinance when trees have been growing all this time. Mr. Taraday answered the Growth Management Act specifically contemplates that interim regulations of this type and other types would be adopted essentially without notice with the idea that there would be a public process after the fact, especially considering that these are just temporary regulations. That is why the GMA created this tool; it is a temporary regulation so that the City can preserve in the short term what needs to be preserved and allow time to have a thorough, deliberative process to determine the best policies for the City over the long term. All the regular public hearings and public processes occur as part of the development of the permanent regulations. These are temporary regulations and the GMA specifically contemplates that ordinances of this nature would be adopted without notice on an emergency basis in order to preserve the status quo. Councilmember L. Johnson clarified this ordinance covered landmark trees 24" DBH or larger and was an effort to protect the largest trees on properties without permits while the City works on the second portion of the code. If the Council used the definition of significant tree versus landmark trees and expanded it to include subdivided lots, the City would be preventing the removal of any trees 6" or larger on any property in Edmonds. Ms. Hope agreed, if the ordinance was changed to significant trees, 6" DBH, and Section 2 was removed, it would apply to all trees other than nuisance, hazard type trees. Councilmember L. Johnson wanted it to be clear what was involved if the ordinance was expanded to include significant trees versus landmark trees. As someone who worked on the ordinance, the effort was to protect the largest trees, those that could not be replaced within our lifetime while the City works as quickly and diligently as possible to craft and enact the second portion of the code. Councilmember Buckshnis suggested changing the ordinance to any tree with a diameter of 18" DBH and call it a landmark tree since there are no definitions in the code as it was voted down. Mr. Lien said there is a definition of landmark tree within the ordinance itself, defining it as a tree with a 24" diameter. The defmition is in Ordinance 4217 and not in the code because the code does not specifically address landmark trees. Councilmember Buckshnis said the definition of landmark tree could be changed to 18", noting she was uncertain how the definition of 24" was developed. She wanted to keep the moratorium for building permits in Ordinance 4200 which expired March 24th N COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, N TO REMOVE SECTION 2. c N Councilmember Buckshnis said she and many other citizens found this process very disheartening. She did c. not like how March 2nd played out as she had many amendment that will never come forth, especially in Q 20.75.048. She objected to quickly passing the tree code ordinance to create the emergency ordinance. If Ln homeowners are prohibited from cutting down trees, it is important to prohibit developers so everybody is treated the same. That is the reason she is requesting Section 2 be removed. Mr. Taraday commented x Councilmember Buckshnis likely only wants to remove the last sentence of Section 2 as she probably likes w the first sentence of Section 2. c a� E Mr. Lien displayed Section 2, "Applicability. The exemption contained in ECDC 23.10.040.A shall have no applicability to the provisions of this ordinance. This ordinance shall not apply to any tree removal a associated with and permitted through a building permit, subdivision, or other land use approval." He explained the exemption in ECDC 23.10.040.A is developed single family properties not capable of being Edmonds City Council Approved Minutes April 20, 2021 Page 12 Packet Pg. 165 8.1.e subdivided that have no critical areas; those properties are exempt from the tree regulations adopted in ECDC 23.10. The thought behind the second sentence is the City has tree regulations that apply to development in ECDC 23.10. There are no tree regulations that apply to all tree removal on developed properties without critical areas. The intent of the ordinance was to protect the most significant trees, the landmark trees, while regulations are adopted. Mr. Taraday said the removal of the second sentence of Section 2 is a major policy change that could potentially, depending on where trees were located on a developable property, prevent development. He wanted to be sure the Council understood that. Councilmember Fraley-Monillas asked Mr. Taraday to repeat what he just said. Mr. Taraday said if the second sentence of Section 2 were removed from the ordinance, landmark trees could not be removed from even a property that is being subdivided or property with a building permit. If someone came in with a subdivision application and the second sentence of Section 2 was removed and there were a bunch of landmark trees on their property, those trees would have to remain and it was not feasible to build around the trees, there would be no developable area left. Mr. Lien said that would apply not just to subdivisions but also building permits. For example, if someone wanted to build an accessory structure, addition to their house or an improvements that required the removal of a landmark tree, those would also be impacted. He summarized it would affect not just subdivisions but any land development. Councilmember Buckshnis referred to 23.10.040 which talks about removal of trees on improved single family lots. She agreed with Mr. Taraday, she would keep the first sentence. This is only a temporary ordinance to allow the City to finish the code and provide sufficient information to administration for the existing code and the code being created and if homeowners were prohibited from removing trees, developers should be treated in the same manner. Councilmember Buckshnis revised her amendment to remove the second sentence from her amendment and leave the first sentence because it refers to single family lots. Council President Paine asked if that sentence if removed, would the ordinance need to be rewritten followed by an additional public hearing process because it is such a substantial change. Mr. Taraday said that would be his recommendation as that is a brand new interim regulation. Council President Paine asked if a public hearing process would be required if the definition of landmark trees was changed. Mr. Taraday answered he believed so. Councilmember K. Johnson asked for clarification; at one point Councilmember Buckshnis wanted to v remove Section 2 entirely and later she wanted to remove the second sentence so it did not apply to development. j N Mayor Nelson restated the motion: N STRIKE THE SECOND SENTENCE OF SECTION 2 (THIS ORDINANCE SHALL NOT APPLY c TO ANY TREE REMOVAL ASSOCIATED WITH AND PERMITTED THROUGH A BUILDING N PERMIT, SUBDIVISION, OR OTHER LAND USE APPROVAL.)6. Q. Q Councilmember K. Johnson relayed her understanding of the intent was to apply the emergency ordinance equally among both developers and homeowners. She asked if removal of the second sentence would allow landmark trees to be removed with development. Mr. Lien answered removal of the second sentence would x have the opposite effect. Removing it, the prohibition against removal of landmark trees would apply to w building permits, subdivisions and land use. Including the sentence in Section 2 provides an exception for c building permits, subdivisions and other land use approval. E z Councilmember Olson recalled when Councilmember L. Johnson provided the definition of significant trees, she cited 6" DBH. The Council can define whatever term it wants such as 12" DBH for protection as Q a significant tree. She relayed she felt very stressed and conflicted; the emergency situation has been Edmonds City Council Approved Minutes April 20, 2021 Page 13 Packet Pg. 166 8.1.e impressed upon her in the Talbot Road area with the creek and the runoff and she knows trees play a role in rainwater so obviously no development in a forested area is better than any mitigation for stormwater. Legally if something is zoned for construction and construction is not allowed, even if the ordinance is temporary, there may be businesses that go out of business over this. She questioned whether the City would then on the hook legally for those bills. The City would be well served if a philanthropist who wanted to protect forested land in Edmonds came forward and made the landowners an offer they could not refuse and stop monkeying around with moratoriums and other things that are just a can of worms. She felt very stressed and after having her head in this for many months, she was unclear how to proceed. Councilmember Fraley-Monillas asked if Section 2 currently excluded developers. With regard to the first sentence, Mr. Lien explained in the original adopted tree code, developed single family properties with no critical areas that are not capable of being subdivided are not subject to the new tree regulations in 23.10. By excepting them in Section 2, that means the exemption does not apply when it comes to landmark trees. There is still a prohibition on removal of landmark trees on developed single family properties. The second sentence is in regard to tree removal associated with development; including the second sentence says the prohibition against removal of landmark trees does not apply to building permit, subdivision or other land use approval. What applies to building permit, subdivision or other land use approval is the tree code adopted by the Council in 23.10. Ms. Hope pointed out 23.10 prevents clearcutting properties with development and sets up a lot of regulations, penalties, incentives, etc. that would apply with development. Councilmember Fraley-Monillas said she was still perplexed. She referred to the second sentence and asked if a building permit could be single family or multi -family. Mr. Lien answered a building permit could be single family, multi -family, commercial development, etc., anything that requires a building permit. Councilmember Fraley-Monillas said removing the second sentence takes away the exemption for any building permit. Mr. Lien agreed, explaining if the second sentence was removed and someone had a building permit for expansion of their house or an accessory structure and there was a landmark tree in the way, they would not be able to proceed with development if it required removal of the landmark tree. They would have to find a way to work around the landmark tree or wait until the ordinance expires and new regulations are adopted. Councilmember Fraley-Monillas observed that would apply to single family and multi -family. Mr. Lien agreed, anything that required a building permit. Councilmember Fraley-Monillas observed if the second — sentence is removed it takes away the equal application. Mr. Taraday asked what she meant by equal application. Councilmember Fraley-Monillas said it would apply to single family as well as multi -family. v Ms. Hope said it would apply to any building permit, whereas with only the first sentence, any developed property that is not having anything done to it, they cannot cut down a landmark tree. It exempted property j where there was development already under the new rules, requirements, penalties and incentives adopted N by the Council. Since existing development does not have those rules in place, it was her understanding N that Council wanted to stop the removal of really large trees on those properties until there was time to 0 decide what to do about them. N L Q. Q Councilmember Fraley-Monillas asked if this would stop construction for someone was in the middle of building. Mr. Taraday answered no. Ms. Hope said it would only apply to applications that hadn't vested. If someone wanted to start a new project such as a garage, it would apply. z x UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS, w AND OLSON VOTING YES; AND COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. E z COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, Q TO CONTINUE ORDINANCE NO. 4217 THROUGH SEPTEMBER 2, 2021 WHICH IS THE SIX MONTH MARK. Edmonds City Council Approved Minutes April 20, 2021 Page 14 Packet Pg. 167 8.1.e Councilmember Olson preferred to wait until next week to provide Councilmembers time to think about it so she will not support the motion. Mr. Taraday said the ordinance requires at the very next meeting after the public hearing, the Council adopt findings either to continue the ordinance or not. He can certainly provide two versions in next week's packet, but it would be helpful if the Council could provide direction tonight on the findings to be included in next week's packet. Councilmember Fraley-Monillas agreed with Councilmember Olson, the Council needs time to digest this. She was uncertain what a second ordinance would include. Mr. Taraday clarified the Council has two choices next week; 1) adopt findings to justify the continuing applicability of this ordinance until September as originally planned, or 2) adopt an ordinance repealing the interim regulation. He was unclear which one the Council wanted him to draft. Council President Paine requested Councilmembers support the motion to allow the work that is being done by Development Services on the Stage 2 to continue which is scheduled to come to Council on May 18' following review by the Planning Board. She supported developing with all due haste a comprehensive tree code that addresses all trees on all properties. COUNCILMEMBER K. JOHNSON MOVED TO AMEND TO DIRECT THE CITY ATTORNEY TO MOVE FORWARD WITH THIS ORDINANCE AND BRING BACK INFORMATION TO MAKE FINAL DECISION NEXT WEEK. Councilmember Olson raised a point of clarification, asking whether that was an amendment. Councilmember K. Johnson said the maker of the motion wants to take action tonight but findings need to be prepared and there are two options for next week. The Council needs to give direction to the City Attorney so he can bring back findings and a package for action next week. All the Council needs to do tonight is give the attorney direction. COUNCILMEMBER OLSON SECONDED THE MOTION. Councilmember Fraley-Monillas asked if this needed to be voted on at today's meeting or next week's meeting. Mr. Taraday said he meant next week's meeting. The ordinance states at the meeting after the hearing. Councilmember Fraley-Monillas observed the Council could not pass it tonight, but it could be on c the Consent Agenda next week. Mr. Taraday said he understood Council President Paine's motion to 0 essentially do what this amendment is expressly directing, giving him direction to bring back findings to v justify the continuance of the ordinance applicability until September 2" a. He appreciated the clarification provided by the amendment and said action would be necessary next week either way. v Councilmember L. Johnson said she was comfortable waiting for this to come back to Council next week. N O N 0 N Councilmember Distelhorst said his interpretation was the same as Mr. Taraday's; he understood Council Q President Paine's motion to be moving toward adopting findings. That is the action tonight, to give the City a Attorney direction regarding findings to prepare for next week. The amendment and the motion seem to be one in the same. Council President Paine agreed the intent of her motion was to have findings prepared for approval on the z w Consent Agenda next week. The findings can be pulled if further discussion is needed. a� E Councilmember L. Johnson suspected the findings would be pulled from Consent which requires additional time and suggested scheduling it on the agenda instead. a Edmonds City Council Approved Minutes April 20, 2021 Page 15 Packet Pg. 168 8.1.e Mayor Nelson asked if the amendment included putting the findings on the Consent Agenda. Councilmember K. Johnson said it did not. AMENDMENT CARRIED UNANIMOUSLY. Council President Paine restated the motion: TO EXTEND THE EMERGENCY INTERIM ORDINANCE TO SEPTEMBER 2Nn MAIN 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. Mayor Nelson asked Mr. Taraday if he had the direction he needed. Mr. Taraday said based on the vote, he will draft findings for adoption at next week's meeting that will justify the originally scheduled continuation of the ordinance through September 2" d Mayor Nelson declared a brief recess. 8. NEW BUSINESS 1. INTERLOCAL AGREEMENT WITH THE HOUSING AUTHORITY OF SNOHOMISH COUNTY (HASCO) Development Services Director Shane Hope introduced Duane Leonard, Executive Director, HASCO, commenting this is the first time he has presented to Council. Following Mr. Leonard's presentation, Councilmembers Distelhorst and Olson will provide slides and then she will discuss the Citizens Housing Commission's (CHC) recommendation and next steps. Immediate action is not proposed tonight, it is intended to set the groundwork and to consider next steps. Mr. Leonard reviewed: • HASCO created in 1971, celebrating its 5011 anniversary this year What is a Public Housing Authority 2 o The US Housing Act of 1937 created the US Housing Authority. ■ Washington State passed "enabling legislation" that is now codified as Chapter 35.82 RCW in 1939 ° 0 o HASCO is a Local Government Agency established to received Federal resources with no Z ability to assess local taxes 0 o There are 37 Housing Authorities in the State, many are similar, but all operate according to c local housing plans. N o Declaration of Necessity N ■ Shortage of safe, sanitary, housing that is impacting the public welfare L ■ Conditions cannot be cured by private enterprise Q ■ Remedying these conditions is a public purpose ■ Declared a matter of legislative intent to immediately work to solve the problem What is our role in the community? z o We work in collaboration with local government and non -profits and others to bring people w together on housing issues c o HASCO does this in three main way: ■ We rent units that we own. We are a landlord. z ■ We assist families with their rent ■ We collaborate and advocate on housing issues Q Photos of HASCO communities (hasco.org) Edmonds City Council Approved Minutes April 20, 2021 Page 16 Packet Pg. 169 8.1.e The Schedule of Appointments for the Planning Board was set forth by the City Council to steadfastly move through the Decades — as it has done— providing Form and Function to the Responsibilities of the Edmonds Citizen Planning Board. Please provide direction to the Mayor to administer the Schedule of Appointments as established by the 1980 City Council in EMC 10.40.020. Thank you for your time. And accept my sincere appreciation for being able to serve the City as a member of the Edmonds Citizen Planning Board in the recent past years. Carreen Nordling Rubenkonig, 04-20-2021 From: Joan Bloom Sent: Tuesday, April 20, 20214:37 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Public Hearing on Emergency Ordinance 4217 Regarding Prohibition of Removal of Landmark Trees Council, Please revise Section 2 of Ordinance No. 4217 to REMOVE the sentence that says: "This ordinance shall not apply to any tree removal associated with and permitted through a building permit, subdivision, or other land use approval." The landmark tree (>24" diameter) protection ordinance needs to apply throughout Edmonds (no exceptions/exemptions) until the tree removal regulations are resolved for all private properties according to the goals and objectives of the City's 'Urban Forest Management Plan.' 1 further request that you do everything possible to save the Perrinville Woods from the r o planned development. Please seek funds to buy back as much of the property as possible, do c everything in your power by lobbying for Federal infrastructure funds, and/or seek local N Conservation funding to purchase the property. The damage that will be done to the L �- a environment, to the wildlife, and to the property of home owners down stream of and surrounding Perrinville Woods will be massive if development is allowed to proceed as proposed. Many adjacent trees on nearby properties will be compromised and cause further x damage in the future. A destructive domino effect is the only possible result of this proposed w development. as E Regards, r Joan Bloom Q Edmonds City Council Approved Minutes April 20, 2021 Page 27 Packet Pg. 170 8.1.e From: Ken Reidy Sent: Tuesday, April 20, 2021 3:45 PM To: Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov>; Passey, Scott <Scott.Passey@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Nelson, Michael <Michael.Nelson@edmondswa.gov>; Hope, Shane <Shane.Hope @edmondswa.gov>; Chave, Rob <Rob.Chave@edmondswa.gov>; Martin, Michelle <Michelle.Martin @edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com> Subject: PUBLIC HEARING on Emergency Ordinance 4217 Dear City Council (others blind cc'd), Ordinance 4217 claims it was effective March 2, 2021. Is this true? Councilmember Fraley- Monillas abstained from voting on Ordinance 4217. As all 7 Councilmembers voted the night of March 2, 2021, did not all 7 have to vote yes for the Emergency Ordinance vote to be unanimous? Does an abstaining vote count as opposition to the Motion if there is no declared "conflict of interest" claimed prior to the Motion? Council also voted on March 2, 2021 under the false representation that a super majority was required. There is no way to know how Council would have voted had Council been properly informed that only one vote was needed for the vote on an Emergency Ordinance to fail. This concept also applies to many other Emergency Ordinance votes in the past. How many of those votes would have been different? There is no way to know. What a mess. Nobody made a Motion to pass Ordinance 4217 as a regular Ordinance. No vote was taken on anything other than the Motion that declared an Emergency. The Ordinance Title for L) Ordinance 4217 declares an Emergency even though Councilmember Fraley-Monillas abstained. L) r N O Are all Ordinances put forth as an Emergency Ordinance subject to referendum if they do not `" C receive a unanimous vote? Please explain the answer and provide legal support for the answer. N L Q Q LO In an April 2, 2021 email, I specifically requested: Please make sure what is and isn't subject to referendum is explained in detail to City Council and the public. This can be a confusing area w and it would help all if a solid, detailed explanation is provided. E My request was ignored. a r Ordinance 4217 also makes the following Declaration of Emergency: Q Edmonds City Council Approved Minutes April 20, 2021 Page 28 Packet Pg. 171 8.1.e The City Council hereby declares that an emergency exists necessitating that this Ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the Council, and that the same is not subject to a referendum. This Declaration of Emergency contains falsehoods. City Council has been misguided about this process until very recently. Citizens recently informed City Council that a unanimous vote is required. This has been true since 1985 when Edmonds adopted the powers of initiative and referendum. Why have so many Emergency Ordinance votes been taken under the representation that an Emergency Ordinance can take effect immediately upon passage by a majority vote plus one of the whole membership of the Council? For example, the motion to pass Ordinance 4189 failed 6-1. Has anybody reported the Ordinance 4189 situation to the State Auditor yet? Please advise all Edmonds Citizens about the unanimous vote requirement for Emergency Ordinances mentioned in the MRSC publication (If the code city has adopted the powers of initiative and referendum, the vote must be unanimous and include a statement of urgency.) RCW 35A.11.090(2). Ordinance 4217 states in Section 1. that "The purpose of this interim regulation is to temporarily protect certain landmark trees from tree removal as that term is defined in ECDC 23.10.020.S." This is an error. The reference should be to ECDC 23.10.020.T. Ordinance 4217 has another error in Section 3. Nuisance Tree is defined in 23.10.0201, not 23.10.020. K. r N Ordinance 4218 also has at least one error. It states in 23.10.050 that removal of protected cm trees is prohibited, except as provided for in ECDC 23.10.040.E Hazard and Nuisance Trees, or N through an approved modification of a Landscape Plan. ECDC 23.10.040.E deals with routine Q landscaping and maintenance of vegetation, not Hazard and Nuisance Trees. a LO I believe Council passed yet another Ordinance last week that contains this same error. I do not w believe that flawed Ordinance is effective yet. Council may want to vote to reconsider this new Ordinance for the purposes of fixing this error and reviewing the Ordinance for other errors E before it is effective. U a r r Q Edmonds City Council Approved Minutes April 20, 2021 Page 29 Packet Pg. 172 8.1.e Also, how do all the problems with Ordinances 4217 and 4218 impact the Ordinance passed by Council last week? What about the problems with Ordinances 4200 and 4201? Should any of these Ordinances been subject to referendum? Ordinance 4218 has great problems that City Council should consider addressing immediately. After Council President Susan Paine suggested during the March 2, 2021 Council Meeting to continue the discussion about Draft Tree Regulations and Subdivision Code Amendment to the following week, the Council moved on to New Business. That "New Business" involved what would become flawed Ordinance 4217. After the Main Motion on Ordinance 4217 was voted on, the "New Business" Agenda Item was finished. Instead of moving on to the next Agenda Item, Council President Paine made a Motion related to the Draft Tree Regulations and Subdivision Code Amendment. Mayor Nelson failed to tell her that the New Business Agenda Item was complete and the next item on the Agenda was for the 4th Avenue Cultural Corridor Public Process. Council President Paine's bizarre motion was made roughly 40 minutes after she had suggested continuing the discussion about Draft Tree Regulations and Subdivision Code Amendment "next week". Council President Paine's motion made no mention of an emergency and did not declare an emergency. Despite this, the City is acting like Ordinance 4218 passed as an Emergency Ordinance. Nobody made a motion to pass an Emergency Ordinance. The Ordinance title for Ordinance 4218 does not declare an Emergency. The Ordinance title for Ordinance 4217 does declare an Emergency. Despite this, the City is acting like they both were effective March 2, 2021. Furthermore, please appreciate the convoluted mess found in the Ordinance Title for flawed Ordinance 4218: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING PRIOR TREE CLEARING v REGULATIONS, ADOPTING NEW TREE RELATED REGULATIONS, NEW CONSERVATION SUBDIVISION DESIGN REGULATIONS, AND ESTABLISHING A NEW TREE FUND v r N O RCW 35A.12.130 states that no ordinance shall contain more than one subject and that must be c clearly expressed in its title. The title to flawed Ordinance 4218 contains more than one 04 subject. At a minimum, establishing a New Tree Fund had to be done via a separate Ordinance a as it is a different subject. This flaw is in addition to what I mentioned earlier - that the Ordinance Title does not declare an emergency. x w Please stop passing new laws that contain errors. We already have plenty of errors in our city code, a code that has needed to be rewritten since at least 2000. E Please figure out how to properly pass Emergency Ordinances and what is and isn't subject to referendum. Q Edmonds City Council Approved Minutes April 20, 2021 Page 30 Packet Pg. 173 8.1.e Finally, we are concerned that approval of the HASCO ILA will lead directly to another recommendation by the CHC which is the 0.1% sales tax increase to go to "affordable and supportive housing for low income households". Council member Luke Distelhorst has already demonstrated his support of this sales tax increase by lobbying the Citizens Housing Commission on January 14, 2021, just prior to their final votes on January 28. Here is an excerpt from the agenda for the 1-14-21 meeting: "Council Member Distelhorst will speak to the AHA letter at the Housing Commission's January 14 meeting." Quote from the "letter he had supported": "AHA would like to draw attention to three perspectives that we believe makes clear the need to support adoption of a 0.1% sales tax for affordable housing." Again, we urge you, do NOT take action on the HASCO ILA tonight. There are a number of non- profit organizations that provide supportive and affordable housing in Snohomish County. There is nothing in the ILA that clarifies what "official" authority HASCO will have over future housing and housing policy in Edmonds if this agreement is enacted. Respectfully, Dr. Michelle Dotsch, ACE President Joan Bloom, ACE At -Large Board Member and former Edmonds City Councilmember From: Freddy Gee Sent: Tuesday, April 20, 2021 12:17 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> U Subject: Tree Ordinance N 0 N To Whom it may Concern Regarding the Tree Ordinance, c N I strongly disagree with this "emergency tree ordinance" . Q Q First let me state that I love trees and grew up in Washington and spent most of my life r here. Much time has been spent in the forest. x w We currently own a home in Edmonds with some mature trees on the property. We had no intention of cutting them down soon. However the moves the City Council is making to try and 0 punish people with trees on their property makes no sense. You should be encouraging people r to plant trees -- not punishing them by regulation. Q Edmonds City Council Approved Minutes April 20, 2021 Page 34 Packet Pg. 174 8.1.e Please stop this governmental over -reach and trying to regulate what people do with trees on their private property. Thank you, Freddy G, At Your Service From: Katy Levenhagen Sent: Tuesday, April 20, 2021 10:13 AM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Good Morning, I am writing to encourage City Council Members to reconsider the recent ordinance tonite designed to protect the green spaces of Edmonds to preserve it's green character. While Edmonds indeed needs to protect the existing trees in both public, city owned and privately owned land from clear cut ...any established laws need to apply to both developers and private homeowners alike. It is at the very least an oversite and absolutely absurd to have a law in the city for any length of time that allows developers to clear cut or randomly cut down the large trees (over 24" DBH) when homeowners cannot. I strongly oppose the proposed tree cutting ordinance, allowing developers to cut down trees. Any tree that is 24" DBH, (diameter at breast height) should be protected regardless of where it is! Homeowners should not be the only ones restricted from cutting larger trees while the developers are getting a free pass to cut trees "at -will". Thank you for your consideration of my and many others' requests. Sincerely, Katy Levenhagen Edmonds, WA 98026 From: Ken Reidy Sent: Tuesday, April 20, 2021 6:26 AM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Edmonds City Council Approved Minutes April 20, 2021 Page 35 Packet Pg. 175 8.1.e positions 5, 6, and 7 have expiration dates that would be consistent with the original appointments! Why are falsehoods presented to decision makers in advance of decisions? Is there ever any accountability when this takes place? Will the culture within Edmonds City government that allows this conduct ever change? There may be further problems with what is being presented to the City Council for tonight's meeting. Hopefully, whoever is responsible for preparing the agenda item and the proposed Ordinance amending Chapter 10.40 of the Edmonds City Code will be asked to correct all falsehoods and provide complete information. I encourage City Council to implement policies and procedures to address all steps that must be followed when it becomes known that false, misleading, inaccurate, or incomplete information has been provided to City Council and Hearing Examiners in advance of decisions. Please consider whether these policies and procedures should involve disciplinary action. From: Michael Lynn Sent: Monday, April 19, 2021 5:32 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Tree cutting ordinance Good Day Edmonds City Council, I am writing this email in opposition to the proposed tree cutting ordinance, allowing developers to cut down trees, but not private property owners. We had a double lot behind our o house clear cut to build 2 new houses around 14 years ago, with the very first wind storm and subsequent wind storms within 2 months every one of our 7 plus pine, cedar and other tall trees blew down, 2 following on different neighbors roof. N 0 N It seems ridiculous to me that an ordinance designed to protect the green aspects of our N beautiful city, allows developers to clear cut or randomly cut down the nice large old growth Q. trees. a LO I strongly support the moratorium on this ordinance until September so more research can be done. Lets don't ruin our very livable and green city. x w Thank you for your consideration of my and many others' requests. as Regards Michael Lynn Edmonds Q Edmonds City Council Approved Minutes April 20, 2021 Page 37 Packet Pg. 176 8.1.e From: Amy Lentz Sent: Monday, April 19, 20214:01 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Emergency Tree Code Ordinance Dear Council Members: I am writing in opposition to the proposed emergency ordinance related to the cutting of trees greater than 24" in diameter. For the second time since I have moved here, it appears the City is once again considering legislation to limit what individual property owners can do with trees on their property. The last time this was before the City, the public outcry was great enough to fill the entire Council chambers and the foyer with residents who were against this type of infringement on individual's property rights. Ultimately, the proposal was rejected. Moreover, this is not the first time the idea of restricting individuals' ability to maintain their property has been discussed. In 1990, when the first Tree Cutting Ordinance was adopted, the primary concern was whether the ordinance would "take away individual property rights by not allowing residents to cut down trees in their yards." Edmonds' New Ordinance Limits Tree Cutting, Anne Koch, Seattle Times, October 18, 1990. However, this concern was addressed by limiting application of the ordinance to those properties that could be subdivided into three or more lots or that lie in environmentally sensitive areas. Now, 30 years later, it appears the same concerns are again being raised. I recycle. I compost. I walk and ride bicycles whenever possible. I bring cloth grocery bags to the store. I recreate in the outdoors. I have planted trees in our yard. I am green. However, I r N do not support the proposed emergency ordinance. In sum, the emergency ordinance N discourages landowners from planting, maintaining, and preserving trees on their property, N does not apply equally to all landowners, is overreaching, and creates an unnecessary and Q. expensive bureaucracy. a In anticipation of the City's potential limitation on removing large tress, we recently debated cutting the sole large blue spruce in our backyard and even obtained several estimates. Prior to x w hearing about the potential limitation, we had not been overly concerned with the tree. c However, the threat of the City's limitation spurred the activity. This is certainly an unintended E consequence - but foreseeable nonetheless. a r r Rather than deter homeowner's from cutting trees through penalties and invasion of Q individual property rights, perhaps the City should figure out a way to encourage others to keep Edmonds City Council Approved Minutes April 20, 2021 Page 38 Packet Pg. 177 8.1.e their trees through on -going education about the benefits to all and financial incentives for maintaining and planting new trees. Thank you for your consideration. Amy Lentz r Q Edmonds City Council Approved Minutes April 20, 2021 Page 39 Packet Pg. 178 8.1.f 5. PARKS, RECREATION & OPEN SPACE (PROS) PLAN UPDATE CONSULTANT AGREEMENT Parks, Recreation & Cultural Services Director Angie Feser explained at the April 20' Council meeting, she presented the purpose, components, history and upcoming process including the diversity, equity and inclusion Public Involvement Plan and consultant selection process for the PROS Plan. Q&A on the project ended prematurely at the conclusion of last week's meeting. She is bringing this back to Council for a second touch and requesting Council consider authorizing the Mayor to enter into a professional services agreement with Conservation Technix for $143,396 to provide consultant services to update the City's PROS Plan. She requested Council approval tonight as there is some time sensitivity related to the project. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE PROS PLAN CONSULTANT PROFESSIONAL SERVICES CONTRACT WITH CONSERVATION TECHNIX IN THE AMOUNT OF $143,396 TO PROVIDE CONSULTANT SERVICES TO UPDATE THE CITY'S 2022 PARKS, RECREATION AND OPEN SPACE PLAN. UPON ROLL CALL, MOTION CARRIED (5-0-2), COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, OLSON, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS ABSTAINING. During the roll call vote, Councilmember K. Johnson stated she still had questions so she would abstain. During the roll call, Councilmember Buckshnis raised a point of order, commenting this was moving very fast and asked if Councilmember K. Johnson could be allowed to ask her questions. Mayor Nelson said the Council had already voted, and was now doing roll call. The Council spent an hour on the last item and he was trying to get the meeting back on track as there were a lot of agenda items left. If exceptions keep being made, the Council will never get its business done. The Council is running out of time and although he appreciated the concern, if there is no response when he asked for discussion, he moved forward with the vote. 9. CIVIC FIELD - REJECT ALL BIDS (Previously Consent Agenda Item 4) Councilmember Buckshnis commented this was on the Consent agenda. Many people are following the Civic Field project and she wanted to go on record that she did not support the two proposals and wanted to reject the bids. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO REJECT THE BIDS FOR CIVIC FIELD. MOTION CARRIED UNANIMOUSLY 6. FINDINGS OF FACT TO SUPPORT ADOPTION OF ORDINANCE 4217 REGARDING PROHIBITION OF REMOVAL OF LANDMARK TREES z k Environmental Program Manager Kernen Lien explained the City Council held a public hearing last week w on Ordinance 4217 which prohibits the removal of landmark trees, trees with a diameter of 24" or greater. c The ordinance requires the City Council adopt findings to either continue or repeal the ordinance at the first E regular meeting following the public hearing. Exhibit 1 is the proposed finding of fact to continue the ordinance per the direction provided by the Council at last week's meeting. a Mayor Nelson advised Council questions would be taken in a round robin format with Councilmembers asking one question during their turn. Edmonds City Council Approved Minutes April 27, 2021 Page 18 Packet Pg. 179 8.1.f Councilmember Buckshnis referred to the proposed findings of fact on packet page 176, relaying her impression that there would be two different findings of fact. City Attorney Jeff Taraday did not recall being asked to prepare alternative findings, but it is not too late for the Council to go in different direction. If the Council does not want to adopt these findings, he suggested the Council direct him to prepare an ordinance to repeal the landmark tree protections. The Council's choices are to adopt the findings, amend the findings, or go in a completely different direction and repeal the landmark tree ordinance. Councilmember Buckshnis said she thought the findings would include the fact that she made a motion to remove one sentence in Section 2, "the ordinance shall not apply to any tree removal associated with and permitted through a building permit, subdivision or other land use approval." She asked whether the findings were intended to summarize the meeting. Mr. Taraday explained the purpose of the findings is to justify the continued imposition and applicability of an interim ordinance. This is an interim ordinance that was adopted without a public hearing; the Council has now had a public hearing and has to decide whether or not to continue the interim ordinance. He recalled Councilmember Buckshnis expressed interest in amending the ordinance which would require another ordinance but he did not recall the Council directing him to prepare an ordinance to that effect. Councilmember Olson commented since there had already been a public hearing, any amendments could not be materially different than the original ordinance. Mr. Taraday answered depending on the scope of the amendment, there were two ways to proceed, one possibility would be to say the interim ordinance is fine for the next four months but provide feedback to the Planning Board or whoever else is working on the permanent to incorporate the amendment into the permanent regulations. If that was not acceptable and if the amendment needed to occur sooner than four months from now, the Council could direct him to prepare an ordinance to that effect which would likely require another interim ordinance and another public hearing. He wanted to hear the amendment before voicing a final opinion about it. Councilmember Olson said she did not have a specific amendment. Councilmember Buckshnis said if the Council adopts the findings, the Council is continuing the landmark emergency ordinance. If some Councilmembers do not agree to the findings, she asked if that would be done via a motion to repeal. Mr. Taraday said to adopt the findings in the packet, a Councilmember would move the resolution in packet. If the Council wanted to go in a different direction and direct staff to repeal Ordinance 4217, that could be done. Councilmember Buckshnis referred to Section LC which states, "Careful thought and deliberation should N be given to crafting of those permanent landmark tree regulations to ensure that any future removal..." and N said she was unsure the Council had careful and thoughtful deliberation on March 2"a. Mr. Taraday advised N paragraphs A, B, C, D of Section 1 and the whereas clauses were his attempt to put in writing what he — believed to be the Council's justification for adopting Ordinance 4217 and for continuing to leave it in effect for the next 4 months. Paragraph C says because time is needed for careful thought and deliberation a for the upcoming round of regulations, the Council is keeping landmark trees standing so they are not cut down in the meantime. z x w Councilmember Buckshnis pointed out landmark trees are being cut down and there is no enforcement. The }; ordinance was passed very quickly on March 2" d and she did not know that the Council really had careful m deliberation. She was unsure how to vote since the Council had never talked about enforcement related to E the emergency ordinance. Citizens have commented how this emergency ordinance is not helping them and M pictures have been provided of trees that have been cut. If the Council adopts this finding, she could not a say the Council had had careful and thoughtful deliberation on March 2n1. Mr. Taraday reiterated that is not what the finding says; the finding is that the City needs more time to consider and adopt permanent regulations and because it needs more time to work on the permanent regulations, interim regulations are being adopted in the meantime. Edmonds City Council Approved Minutes April 27, 2021 Page 19 Packet Pg. 180 8.1.f Councilmember Distelhorst suggested Councilmembers read packet page 176; the language is quite clear regarding what is referred to in the findings. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO ACCEPT THE FINDINGS AS PRESENTED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS OF FACT TO SUPPORT THE ADOPTION OF ORDINANCE 4217, WHICH ESTABLISHED INTERIM DEVELOPMENT REGULATIONS THAT PREVENT THE REMOVAL OF CERTAIN LANDMARK TREES. UPON ROLL CALL, MOTION CARRIED (6-1), COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, OLSON, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBER BUCKSHNIS VOTING NO. 7. INTRODUCTION REGARDING PRIVATE CODE AMENDMENT TO ECDC SECTION 20.75.045.B, ENTITLED UNIT LOT SUBDIVISION -APPLICABILITY This item was postponed to a future meeting. 8. COUNCILMEMBER OLSON'S REIMBURSEMENT REQUEST This item was postponed to a future meeting. 8. COUNCIL COMMITTEE REPORTS COUNCIL COMMITTEE MINUTES 2. OUTSIDE BOARDS AND COMMITTEES REPORTS 9. MAYOR'S COMMENTS Mayor Nelson reported COVID cases are up to the point where there are more COVID cases per 100,000 in Snohomish County than there were in the first wave. According to Dr. Spitters, Governor Inslee and State health officials, Snohomish County is in a fourth wave. This is affecting people in their 20s, 30s, 40s and 50s, and they are being hospitalized. Because hospitalizations and the number of COVID cases are increasing and meeting certain thresholds, if behaviors do not change, it is likely Snohomish County will go back to Phase 2 when the next evaluation is done by the State Department of Health. The CDC issued new guidelines regarding wearing masks outside and vaccines, but not enough people are currently vaccinated. Vaccinations are available through the Department of Emergency Management including drive - through vaccination sites. He encouraged people to get vaccinated, wear masks, and to avoid large gatherings particularly indoors unless properly masked and socially distanced. 10. COUNCIL COMMENTS Councilmember Buckshnis thanked the volunteers who showed up for the Earth Day celebration at Marina Beach where she saw several Youth Commission members, Students Saving Salmon planted trees at Yost Park and Tree Board members and volunteers removed blackberries at the marsh. She expressed her appreciation for all the volunteers, especially the youth, commenting volunteering is a wonderful gift to the City. She encouraged everyone to wear a mask and get vaccinated. She got her first vaccination after waiting in line at the Arlington Airport for 3 hours.. a Edmonds City Council Approved Minutes April 27, 2021 Page 20 Packet Pg. 181 8.1.f From: Carreen Rubenkonig Sent: Saturday, April 24, 2021 9:20 AM To: Ken Reidy <kenreidy@hotmail.com> Cc: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; Hope, Shane <Shane.Hope@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com>; Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov> Subject: Re: Public Comment for April 27, 2021 City Council Meeting Thank you! Carreen From: Ken Reidy Sent: Saturday, April 24, 2021 7:03 AM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Nelson, Michael <Michael.Nelson@edmondswa.gov>; Hope, Shane <Shane.Hope@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com>; Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov> Subject: Public Comment for April 27, 2021 City Council Meeting City Council should immediately repeal flawed Ordinance 4217 and start over from the beginning. Ordinance 4217 makes the following false Declaration of Emergency: The City Council hereby declares that an emergency exists necessitating that this Ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the Council, and that the same is not subject to a referendum. Majority vote plus one has not applied to Edmonds since Edmonds City Council adopted the powers of Initiative and Referendum in 1985. Council voted on March 2, 2021 under the false representation that a super majority was (° required. There is no way to know how Council would have voted had Council been properly informed that only one vote was needed for the vote on an Emergency Ordinance to fail. This w concept also applies to many other Emergency Ordinance votes in the past. How many of those votes would have been different? There is no way to know. What a mess. E Ordinance 4217 claims it was effective March 2, 2021. Is this true? Councilmember Fraley- a Monillas abstained from voting on Ordinance 4217. As all 7 Councilmembers voted the night of March 2, 2021, did not all 7 have to vote yes for the Emergency Ordinance vote to be unanimous? Does an abstaining vote count as opposition to the Motion if there is no declared "conflict of interest" claimed prior to the Motion? Edmonds City Council Approved Minutes April 27, 2021 Page 30 Packet Pg. 182 8.1.f Nobody made a Motion to pass Ordinance 4217 as a regular Ordinance. No vote was taken on anything other than the Motion that declared an Emergency. The Ordinance Title for Ordinance 4217 declares an Emergency even though Councilmember Fraley-Monillas abstained. Are all Ordinances put forth as an Emergency Ordinance subject to Referendum if they do not receive a unanimous vote? Please explain the answer and provide legal support for the answer. Ordinance 4217 states in Section 1. that "The purpose of this interim regulation is to temporarily protect certain landmark trees from tree removal as that term is defined in ECDC 23.10.020.5." This is an error. The reference should be to ECDC 23.10.020.T. Ordinance 4217 has another error in Section 3. Nuisance Tree is defined in 23.10.0201, not 23.10.020. K. Please stop passing new laws that contain errors. We already have plenty of errors in our city code, a code that has needed to be rewritten since at least 2000. Please figure out how to properly pass Emergency Ordinances and what is and isn't subject to Referendum. Please go back and address all Ordinances voted on in the past under the false representation take they could take effect immediately upon passage by a majority vote plus one of the whole membership of the Council, including Ordinance 4189. From: joe scordino Sent: Friday, April 23, 2021 9:41 PM To: Nelson, Michael <Michael.Nelson@edmondswa.gov> Cc: Council <Council@edmondswa.gov>; Hope, Shane <Shane.Hope@edmondswa.gov>; My Edmonds News <teresa@myedmondsnews.com>; Planning <Planning@edmondswa.gov> Subject: State legislature passes E2SHB 1216 Concerning urban and community forestry io The WA State legislature passed E2SHB 1216 and it is on its way to Governor Inslee for w implementation. c as Shouldn't Edmonds be heeding the State's intent in E2SHB 1216 (copy attached) concerning urban forest management? a (Web link in lieu of whole bill: http://Iawfilesext.leg.wa.gov/biennium/2021- 22/Pdf/Bills/House%20Passed%20Legislature/1216-S2.PL.pdf?q=20210427144336 ) Edmonds City Council Approved Minutes April 27, 2021 Page 31 Packet Pg. 183 8.1.f Section 1 of the bill should be informative to the City's current effort to hopefully implement a viable and effective Tree Code in Edmonds. It says: "The legislature finds that preservation and enhancement of city trees and urban forests contributes multiple benefits, including stormwater management, carbon sequestration, local air and water quality enhancements, and fish and wildlife habitat, and is a cost-effective way to meet these objectives. The legislature further finds that climate change is impacting our state in numerous ways, including summer heat waves, heavier winter rains, and lower air quality, all of which can be improved by increased tree canopy. The legislature further finds that modern and well -crafted urban forestry programs can have significant additional benefits related to human health, especially when delivered in highly impacted communities with higher health disparities and that also have lower existing tree canopy. Significant research exists demonstrating health benefits of trees and green spaces, including air and water quality improvements, positive emotional responses to being in nature, physical activity, and social cohesion through interacting in public green spaces. Furthermore, the legislature finds that Washington state faces continued urgency in adequately protecting essential salmon habitat, which is necessary to promote salmon recovery and thus help protect our endangered southern resident killer whale population. It is the intent of the legislature to enhance urban forestry programs that maximize cobenefits related to human health and salmon recovery." The necessity of adequately protecting essential salmon habitat is very pertinent to the disaster the City has created in the Perrinville Creek watershed. From: cdfarmen ti Sent: Friday, April 23, 2021 7:39 PM `" L To: Public Comment (Council) <publiccomments@edmondswa.gov> Q Subject: Fwd: Hoy permit at 8051 184th St SW ---------- Original Message---------- x w From: cdfarmen c as To: "Lien, Kernen" <Kernen.Lien @edmondswa.gov> E Date: 04/23/2021 5:22 PM a Subject: Hoy permit at 8051 184th St SW Hi Kernen, Edmonds City Council Approved Minutes April 27, 2021 Page 32 Packet Pg. 184 8.1.f Today when the contractor was back filling the foundation, they also back filled against my fence. There was supposed to be a 30" high concrete block wall installed 6" off my fence and then back filled up to the block wall. It is not acceptable to have any backfill against my fence. It's bad enough that their lot will be 24" above the grade of my property. I thought they should also have weeping tile installed along the base of the block wall so there is no drainage onto my property. I was told there would not be weeping tile installed. I ask that this problem be corrected before they do any more work on the job. Thank you, Duane Farmen From: Bonnie Piest Sent: Thursday, April 22, 2021 4:37 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Emergency Ordinance 4217 Comments I was unable to attend the full City Council meeting held on Tuesday April 20, 2021 and the public Hearing section on the Emergency Tree Ordinance 4217. 1 did listen to the recorded meeting on Wednesday and there were quite a few positive comments reinforcing Edmonds direction with tree protection and specifically on trees on private properties. As the July 2019 UFMP identifies that 83% of the tree canopy in Edmonds is controlled by Private property owners. The Cities ability to have a long term impact on preservation of the tree canopy can not be successful without including regulations on private properties with a focus on preservation of Landmark and Heritage trees I have reviewed the Chapter 23.10 ECDC that was adopted by the City Council on March 2nd. I have been advised that this is specific to development properties and not private properties and that the development of the Phase 2 will be focused on the Private property regulations. My understanding is that is expected to occur and be completed by the before the end of the Ordinance 4217. My recommendations are the following: 1. That the Emergency Tree Ordinance 4217 be modified to include the definition of "Tree Removal". This would provide further clarification on what is considered "tree removal" and protection against any potential severe pruning of heritage/ landmark trees during the ordinance period. I propose modifying the ordinance to include the following language contained in the Chapter 23.10 ECDC Definitions in section 23.10.020 23.10.020 Definitions r a Edmonds City Council Approved Minutes April 27, 2021 Page 33 Packet Pg. 185 8.1.f T. Tree removal — means the direct or indirect removal of a tree(s) or vegetation through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems; destroying the structural integrity of trees through improper pruning, unless pruning back to the point where the tree has been previously topped; poisoning; filling, excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree(s root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. 2. The Emergency Tree ordinance 4217 that is for a 6 month period ending September 2, be considered for extension until such time that the city has fully completed and adopted the Phase 2 private property regulations. 3. That the final Phase 2 private Property regulations include the Definition of Tree Removal as state in section 23.10.020 as well as many of the additional definitions contained in 23.10.020. There are many King and Snohomish County cities that have adopted tree preservation regulations for multiple years at this point, I am specifically aware of the City of Seattle, City of Woodinville and Lake Forest Park. In my opinion, the city of Edmonds is behind in these efforts and needs to make a concerted effort to prioritize completing and implementing these tree preservation regulations for all properties including development, private and city owned properties. I appreciate your consideration of my recommendations. Thanks Bonnie Piest From: cdfarmen Sent: Wednesday, April 21, 2021 8:27 AM To: Council <Council@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Misstatement of email information Good morning to all of you, I have had a good conversation with Council member Buckshnis and the issue has been favorably resolved. I do accept her explanation that it was an honest mistake on her part. Edmonds City Council Approved Minutes April 27, 2021 Page 34 Packet Pg. 186 8.1.f Having accepted her apology, I would like to point out that whether it was 31 or 57 trees clear- cut, is not the real issue at hand. It is the fact too many significant trees are being removed at an unprecedented and uncontrolled pace from the city's tree canopy. Therein lies the need for a good tree code that works for all citizens of Edmonds. Please continue with due diligence in developing a good tree code that can stand the test of time. Our natural environment, whether it be trees, wildlife, or a local watershed, is as much important as the Edmonds marsh, the Edmonds waterfront, and I will also include housing as well. What would our city be like without trees? Thank you, Duane Farmen Seaview resident a Edmonds City Council Approved Minutes April 27, 2021 Page 35 Packet Pg. 187 8.2 City Council Agenda Item Meeting Date: 08/3/2021 Council action regarding initial vacation accrual rate for a WWTP Plant Supervisor candidate Staff Lead: Phil Williams Department: Public Works & Utilities Preparer: Phil Williams Background/History For a variety of reasons the Plant Supervisor position has been vacant for approximately 3 years. We have recently been recruiting to fill this position and have a great applicant we are working to come to terms with. One term in the draft offer letter requires City Council approval prior to seeking the applicant's acceptance. This applicant is highly qualified based on nearly 24 years of progressively responsible experience in wastewater operations and maintenance, including 13 years as a plant supervisor. The applicant has excellent references and is being unanimously recommended to the Mayor by the selection panel, the WWTP Manager, and the Public Works Director. We are seeking Council approval to offer the applicant a vacation accrual rate commensurate with their extensive experience. This would place this candidate at 25 days of annual vacation accrual in accordance with ECC 2.35.030 (3) Staff Recommendation Authorize the Mayor to offer the selected applicant the opportunity to earn 25 days of annual vacation based of the Edmonds City Code Chapter 2.35.030 Narrative <Type or insert text here> Packet Pg. 188 8.3 City Council Agenda Item Meeting Date: 08/3/2021 2021 Taste Edmonds Event Contract Staff Lead: Angie Feser Department: Parks, Recreation & Cultural Services Preparer: Angie Feser Background/History The Council authorizes Event Agreements on behalf the City of Edmonds. In 2020 all but one contracted special event (The Market) was cancelled due to COVID. To date, the Council has authorized the Farmers Market, 4th of July, Arts Festival, Spring Fest and Oktoberfest contract agreements for 2021. At this meeting City Staff is presenting Event Agreement for Taste Edmonds with some items addressing the changes from previous events including new programming of 21 years of age and older only, event security and amplified sound, mostly due to the change in location from Civic Park to Frances Anderson Center field. Staff Recommendation Staff recommendation is the City Council support the Event Agreement between the City of Edmonds and Chamber of Commerce for Taste Edmonds (attached) and forward it to the August 17, 2021 Consent Agenda. Approval on Consent would authorize the Mayor to sign the contract. Narrative The Taste Edmonds scheduled for Friday, August 20th - Sunday, August 22nd, has a number of differences this year due the relocation of the event from Civic Park (unavailable due to construction) to Frances Anderson Center Field. The Chamber of Commerce has changed the event to a 21 and over only program and recent changes in Policing legislation requires a more an approach to event safety and security different than previous years. In addition, the smaller location and close proximity to a residential neighborhood brings consideration of amplified sound compliance. In 2021 the event is reduced in overall attendance capacity due to the site relocation to the smaller Frances Anderson Center Field venue. The event will feature food trucks / food vendors on 8th Avenue between Main and Dayton Streets with live music and a beer and wine garden throughout the field. As a 21+ only event it will have restricted access and paid admission required. A Seafair Sanctioned Community Event, Taste Edmonds is the Chamber of Commerce's largest annual fundraising event with revenues supporting multiple free community events such as Halloween Trick -or -Treat, the Holiday Tree Lighting and 4th of July Parade and Fireworks. The mix of live music, beer garden and food has a long standing history in Edmonds. As per the agreement, the Chamber of Commerce is required to follow the COVID guidelines set forth by the State of Washington and the Snohomish County Health Department at the time of the event. The Packet Pg. 189 8.3 event contract has been reviewed and approved by the city's internal team (Police, Fire, Public Works, Parks, Recreation & Cultural Services, Development Services, Human Resources/Risk Management and Economic Development Departments) including a detailed Event Security Plan reviewed by the Police Department and approved as to form by the City Attorney. The contract requires the promoters to comply with all noise ordinances, provide event security as reviewed and approved by Edmonds Police Department, State of Washington Liquor and Cannabis Board event license requirements, State and local COVID guidelines and City of Edmonds recycling/composting ordinances throughout the entire event. Further, they are required to provide sufficient ADA parking, comply with Fire Marshall festival guidance and ensure the field and related facilities be left in good condition. Revisions to the agreement from previous years include more specifics regarding compliance with Edmonds City Code of Noise Abatement and Control and the addition of a detailed Event Security Plan, which was reviewed by Edmonds Police Department. Attachments: 2021 Taste Edmonds Event Agreement FINAL Packet Pg. 190 8.3.a EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE August 18-23, 2021 The following is an agreement ("Agreement") between CITY OF EDMONDS (hereinafter referred to as the "City"), and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as the "Chamber") (collectively, the "Parties"). WHEREAS, the Greater Edmonds Chamber of Commerce has for a number of years conducted a public event known as "Taste Edmonds" and proposes to do so again in 2021; and WHEREAS, the City Council finds that Taste Edmonds provides distinct benefits to local businesses and helps raise necessary funding to support events such as Halloween, 4th of July Fireworks and the Holiday Tree Lighting, while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Edmonds Chamber of Commerce and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities and Rights of City (certain Chamber obligations included). 1.1 The City will provide use of the Frances Anderson Center playfield, bandshell and plaza area behind the bandshell, 8th Avenue between Main Street and Dayton Street (See Exhibit A — 2021 Taste Edmonds Site Plan) and 8th Avenue between Main Street and Dayton Street and parking spaces on the North side of Dayton (See Exhibit B — 2021 Taste Edmonds Traffic Control Plan) (hereinafter referred to as the City -Provided Site") for use as the venue for Taste Edmonds (hereinafter referred to as the "Event"), and agrees to the following: 1.1.1 No Parking Signs placed on the West Side of 8th Avenue and on Dayton by Monday, August 16, 2021 at 8 a.m. 1.1.2 The Event setup will begin on Wednesday, August 18, 2021, at 8:00 a.m. Barricades, ADA and loading zone signs to be in place at 8:00 a.m. 1.1.3 The Event will run from 2:00 p.m. to 10:00 p.m. Friday, August 20, 2021; Noon — 10:00 p.m. Saturday August 21, 2021 and Noon — 8:00 p.m. on Sunday, August 22, 2021. 1.1.4 All surfaces listed will remain available to the Event until final cleanup, to be completed by Monday, August 23, 2021, at noon. Packet Pg. 191 8.3.a 1.1.5 The City will designate eight (8) additional handicapped parking spaces to be located along Main Street near the Event entrance (See Exhibit B). 1.2 The City may sprinkle the field prior to the Event to reduce dust. The playfield irrigation system will be turned off by 8:00 a.m. on August 18, 2021. The Chamber agrees to cover the infield dirt only. 1.3 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event must comply with the "South County Fire Food Vendor & Festival Requirements" set forth in Exhibit C, attached hereto and incorporated herein by this reference. Such structures, booths and facilities may be inspected and reviewed by the City Fire Chief, Police Chief, Building Official and Parks and Recreation Director or their designees to determine whether the facilities in use comply with the provisions of Exhibit C and state and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. 1.4 Edmonds Fire Marshal will inspect the facilities prior to the opening to the general public on or before 1:00 p.m., August 20, 2020, as the Parties will agree and note all potential problems. Prior to the opening of the Event, the Chamber will correct all problems related to fire safety. In the event that such problems are not corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of the City, any violation or other condition that threatens life, health or property has not been corrected. 1.5 Alcohol may be served, so long as the Chamber obtains all required state licenses and approvals to serve alcohol. These will be furnished to the City at least two (2) weeks in advance. 1.6 The City will provide safety barriers and road closure signs near the following two (2) locations for street closures required to contain the City -Provided Site described in Paragraph 1.1 and identified in Exhibit B, attached hereto and incorporated herein by this reference: 1.6.1 8th Avenue at Main Street, to close 8th Avenue 1.6.2 8th Avenue at Dayton Street, to close 8th Avenue 1.7 The City will provide eight (8) official handicapped parking signs and two (2) loading zone signs on Main Street as identified in Exhibit B. In addition, the North side of Dayton from 8th Ave west to the ADA parking spot will be marked "No Parking" August 18, 2021 at 8:00 a.m. through August 23, 2021 at Noon, as identified in Exhibit B. One local access only sign will be provide for the corner of Dayton and 8th Avenue. 1.8 The City may install Taste Edmonds street banners as provided by the Chamber at approved sites. The Chamber will obtain a Street Banner Permit and pay the required fee. 1.9 The City and the Edmonds Police Department have the right to measure the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Seattle King County Department of Packet Pg. 192 8.3.a Health or levels set forth in the ordinances of the City of Edmonds. If the Event results in three or more separate incidents in which the measurable amplified sound exceeds the maximum permissible sound levels Edmonds City Code Chapter 5.30 Noise Abatement and Control, the City or Edmonds Police Department have the authority to end the Event. 1.10 The City will provide and oversee police supervision of the Event under the command of the Chief of Police or his/her designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or his/her designee, and the President and CEO of the Chamber. 1.11 The City will supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items. The City will provide signage for the on -site collection containers, and any additional containers, if needed. 1.12 The Chamber must supply power as needed. A Chamber representative and a City Public Works representative will meet prior to July 28, 2021, to draw up an exterior electrical plan. The City Electrician will have final say in all electrical matters. No ground penetrations are allowed unless authorized first by the City Electrician and City Parks Department. Any unauthorized ground penetrations may be subj ect to fine and/or damage cost recovery from the Chamber. 1.13 The Chamber is not authorized to fasten anything to the buildings, structures or trees. Doing so may result in damage cost recovery and/or fine. 2. Responsibilities and Rights of Chamber 2.1 The Chamber will provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $4,000,000 aggregate for personal injury, bodily injury and property damage. In the event that the Chamber's employees and/or volunteers provide the service of alcohol at the Event, the Chamber's Commercial General Liability Insurance will also include host liquor liability coverage. However, if the Chamber contracts with a third -party vendor to provide all service of alcohol, the Chamber will be responsible for obtaining a Certificate of Insurance from the vendor confirming the vendor has Liquor Liability coverage, with limits no less than $1,000,000. The City will be named as an additional insured on the Chamber's Commercial General Liability insurance policy and the third -party vendor's Liquor Liability policy, if applicable, and a copy of the endorsement(s) naming the City as an additional insured will be attached to the Certificate of Insurance. The Chamber's liability insurance policy will contain a clause stating that coverage will apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The insurance policy will contain, or be endorsed to contain, that the Chamber's insurance will be the primary insurance. Any insurance, self-insurance, or insurance pool coverage maintained by the City will be in excess of the Chamber's insurance and will not contribute to it. The Chamber will provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. Packet Pg. 193 2.2 The Chamber agrees that Taste Edmonds is a public event. The Chamber further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public rights of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber will permit citizens attending events open to the general public at the City - Provided Site during the Event to exercise therein their protected constitutional right to free speech without interference in a designated free speech zone that does not violate fire and ADA codes. 2.3 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.4 Pursuant to the provisions of RCW 70.93.093 concerning event recycling, the Chamber will place clearly marked recycling containers throughout the Event area for the collection of aluminum, glass or plastic bottles or cans, and arrange for recycling services. 2.5 Chapter 6.95 of the Edmonds City Code ("Single -Use Plastic Utensils — Prohibition") prohibits the use of plastic straws, stirrers and cutlery at public events requiring a contract with the City. Therefore, food vendors at the Event will provide only certifiable compostable straws, stirrers and cutlery to Event participants. 2.6 Chapter 6.90 of the Edmonds City Code ("Noncompostable Food Service Containers — Prohibition") prohibits the use of noncompostable food service wares and packaging. Therefore, food vendors at the Event will provide compostable food service wares to package and present food to Event participants. Recyclable cans, bottles and cups continue to be acceptable for vendor use. The Chamber will provide for the on -site collection of compostable and recyclable materials from Event participants, using designated color -coded containers and will ensure that on -site containers are serviced properly and continually during the Event. A Chamber representative will meet with the City's Recycling Coordinator or representative prior to August 2, 2021, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from Event garbage, and the City will work to identify mutually agreed upon locations for food waste stations. These stations will be identified on Event maps and website. 2.7 The Chamber will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by the Chamber of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination or expiration of this Agreement. Packet Pg. 194 8.3.a 2.8 The Chamber may in its discretion limit the participation of any vendor who produces duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, and in order to provide an adequate and interesting diversity compatible with the recreation of the citizens of Edmonds. 2.9 Neither the Chamber nor any of its officers, agents, or employees will discriminate in the provision of service under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.10 The Parties acknowledge that, pursuant to the provisions Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the Chamber are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 2.11 The Chamber will post "NO DOGS" signs on the City -Provided Site per Chapter 5.05 of the Edmonds City Code ("Animal Control"). The Chamber will notify vendors of this requirement as part of their registration instructions, and also inform vendors that this requirement will be enforced. This provision will not apply to service animals for the disabled. 2.12 The Chamber will ensure that all vendors have the necessary state permits for serving and selling alcohol. The Chamber intends to allow Event attendees aged 21 and over only, and agrees to make its best effort to prevent service of alcohol to minors, including appropriate fencing around the Event, or partition of any separate beer garden and wine garden area (if needed in the event the Chamber decides to allow attendees under the age of 21), posting security at the entrances of the Event (or beer garden and wine garden) and checking identification in accordance with common practice. Required fencing, including fencing of all areas serving and selling alcohol, is addressed at Section 2.18, below. 2.13 The Chamber will obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.14 The Chamber agrees to the following general open hours of Taste Edmonds and Beer / Wine Garden: Friday, August 20, 2021: 2:00 p.m. — 10:00 p.m. Last call 9:30 p.m., no service after 9:45 p.m. Saturday, August 21, 2021: 12:00 p.m. — 10:00 p.m. Packet Pg. 195 8.3.a Last call 9:30 p.m., no service after 9:45 p.m. Sunday, August 22, 2021: 12:00 p.m. — 8:00 p.m. Last call 7:30 p.m., no service after 7:45 p.m. 2.15 The Chamber will provide any and all security services necessary during the night time hours (night time hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services nor will it be liable for any loss or damage incurred by the Chamber or the participants in the Event. The Chamber will provide security during the Event as detailed in Exhibit D "Event Security Plan" and approved by Edmonds Police Department. 2.16 The Chamber will provide a fire watch for all times the Event is open to the general public. The Fire Marshal or representative may inspect the Playfield and Amphitheater with the Chamber CEO or designated representative, prior to 12:00 p.m. Friday, August 20, 2021. 2.17 The Chamber will provide a sufficient number of portable sani-cans and wash stations. 2.18 The Chamber will provide fence installation and removal at the Frances Anderson Center to include along the center line of 8ch Avenue for street closure, ensuring the East side of the street remains available to local access and emergency vehicles, and any Beer Garden and Wine Garden fencing as required by law. 2.19 The Chamber is responsible for contracting with appropriate vendors for electrical power. No power is available at the Frances Anderson Center field. 2.20 The Chamber will arrange for a walk-through with the City electrician and obtain approval for the accommodation of power and electricity needs. 2.21 Garbage service will be contracted and paid for by the Chamber. 2.22 The Chamber will be responsible for restoring the City -Provided Site to its original condition including steam cleaning and pressure washing whenever required for all hard surfaces impacted by the Event. A Chamber representative will meet with a member of the City's Parks and Recreation Department prior to August 18, 2021 and on August 23, 2021 to inspect the City -Provided Site to document the "original" and "post event" conditions of the Frances Anderson Center outside areas. 2.23 Cleanup areas include the City -Provided Site as described in paragraph 1.1 and all streets immediately surrounding the Event perimeter. 2.24 All garbage to the size of a cigarette butt, debris, litter, equipment, and any and all other items made necessary by or used in the provision of the Event will be picked up and removed by 12:00 noon, Monday, August 23, 2021. 2.25 The Chamber will submit a cleaning/damage deposit of One Thousand Five Hundred Dollars ($1,500.00) to the City prior to Monday, July 19, 2021. The deposit will be Packet Pg. 196 refunded to the Chamber if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning costs. 2.26 The Chamber will pay the City One Thousand Two Hundred Fifty Dollars ($1,250.00) for the use of the City -Provided Site prior to Monday, July 19, 2021, and will reimburse the City for the actual costs of supplies or services furnished by the City, unless otherwise established, within thirty (30) days of mailing of a final bill by the City. 2.27 The Chamber will insure that: 2.27.1 Kilns, barbecues, forges and other sources of heat will be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Event opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. 2.27.2 Vehicles will only be allowed on the grass areas to load and unload, with adjacent streets used for parking during the Event. 2.27.3 The Chamber will notify all individual residents of the affected areas of 8th Avenue and provide general notice to all the citizens of the closure of 8th Avenue. 2.27.4 Tents must be held down with sandbags and not stakes. 3. General Provisions. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber will be deemed to be the same of the City for any purpose. The Chamber alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. Packet Pg. 197 8.3.a 3.4 Compliance with laws. The Chamber in the performance of this Agreement will comply with all applicable federal, state and local laws and ordinances, including guidelines and requirements relating to COVID-19. The most recent information regarding the applicable state and federal guidelines and requirements relating to the COVID-19 pandemic can be found on the Washington State coronavirus response webpage at www.coronavirus.wa.gov and on the Centers for Disease Control and Prevention website at www.cdc.gov. The Chamber will consult this information before and during the course of the Event to ensure that the latest guidelines and requirements are promptly implemented. 3.5 Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 3.6 Termination. Each and every term and condition herein set forth and contained in this Agreement are expressly made terms, covenants, agreements and conditions, and a breach of any one of them by the Chamber shall constitute a breach of this Agreement. In the event the Chamber fails to comply with any of the terms, covenants, agreements or conditions of this Agreement, or in the event the Chamber violates any local, city, county, state, or federal law, in connection with the Event, upon giving the Chamber twenty-four (24) hours' advance written notice, the City may terminate this Agreement. Provided, the Parks, Recreation & Cultural Services Director may order the Chamber to cease operation of the Event hereunder immediately at any time should the Parks, Recreation & Cultural Services Director determine that the Event is detrimental to public safety, health, or welfare. Such a determination may be made in relation to COVID-19 or to any other public safety, health or welfare issue. In the event of termination of this Agreement, all the rights, licenses, and privileges herein contained shall be terminated, the Chamber will have no further rights hereunder, and the City may require the immediate removal of all property of the Chamber and its vendors from the City -Provided Site. DATED this day of CITY OF EDMONDS: Mike Nelson, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2021. GREATER EDMONDS CHAMBER OF COMMERCE: czj��� Greg Urban, President and CEO Packet Pg. 198 8.3.a Exhibit A 2+021 Taste Edmonds Site Plan ",1. SIR ^� , � 4 5!.•' El r�^�'"� 0 x x 1 x x [n r 0 c7TI TI ( � o @ @ @ w m m 71 o o n n m@@ A o Ru Q @ @ C] � CD m rn w 3 N 3 o n n ff1 m -n m x (D Z3 rf) n @ m w Fo Packet Pg. 199 8.3.a Sno-Isle Library June2021 Exhibit B 2021 Taste Edmonds Traffic Control PLan EDMONDS ST -=4_0s no No Ea�� RikGF.aW'u� P�6 p. PU. A Frances Anderson Anderson Center Field Center No parking August 18 at 8 am - August 23 at Noon Q 2 H 00 MAPLE ST In W a = ALDER ST F— W4LNUT ST Z w a Water Barricades and Barricade Signs provided by Public Works. Closed to all traffic Water Barricades and Barricade Signs provided by Public Works. Local Access Only ■ Road Closure Barricade Reserved for ADA g Parking Signs Food Trucks West side only NO Loading Zone Only Signs 1 0 No Parking Signs in place by Mon Aug 16 U L r 0 U W 0 E W 0 N i— N 0 Packet Pg. 200 8.3.a Exhibit C South County Fire' Food Vendor & Festival Requirements Fire Lane - A 20 ft Fire Lane must be maintained for emergency vehicle access. - Unobstructed access to Fire hydrants shall be maintained at all times. The fire department shall not be deterred or hindered from gaining immediate access for rendering aid or to fire protection equipment or fire hydrants (IFC 507.5.4) Tents and Other Membrane Structures - All tents, canopies, and other membrane structures erected shall meet the requirements of the current edition of NFPA 701 and the IFC Section 3103 and 3104 and shall be labeled fire resistive. - Tents need to be less than 400 sq ft or additional permit maybe required. - Inflatable play equipment and all membrane structures shall be properly installed per the manufacturer instructions. Fire Extinguishers - 5-lbs. Portable ABC type extinguisher is required in all booths with current annual inspection/service tag attached. - Booths with deep fat fryers also require a Class "K" rated fire extinguisher with current annual inspection/service tag attached. - Hood suppression systems MUST have current inspection documentation. - Keep fire extinguishers accessible and conspicuous. Cooking - No candles or open flame devices like tiki torches. - No flaming food. - Barbecue pits need a 10' separation from combustibles and portable FE. - Open flame from cooking devices shall be enclosed in such a manner as to prevent the flame from contacting any combustible material and shall be placed on a non-combustible surface. - All combustibles shall be kept away from heat sources. - No cooking appliances/heat sources will be within physical reach of the general public. Flertriral Cords - Minimum size 12-2 with ground UL approved outdoor rated from power feed source, 14-2 with ground UL approved is allowed elsewhere. - All cords shall be free of splices, cuts or breaks in outer sheathing. - UL or other approved Strip Plugs with integral circuit breaker are the only allowed power tap/adapter. Booth Construction - Cooking booth construction shall be labeled fire resistive. - Non -rated blue, green or brown plastic tarps are not allowed over cooking areas. Rubbish - Keep combustible rubbish in closed containers. - Cardboard boxes are rubbish/not rubbish containers. - Rubbish containers larger than 40 gallons must be labeled fire -resistive. Fuel Use/Storage - All tanks/cylinders (whether in use or storage) must be secured to avoid falling and damaging the valve assembly. - No smoking in or around cooking/fuel use or storage areas. - Store tanks/cylinders upright so pressure relief valve is in vapor space. - Fuel tank/cylinder storage/Use is limited to one day's supply, quantity at the discretion of Fire Marshal. Fire District 1 (South County Fire), 12425 Meridian Avenue S, Everett, WA 98208 / 425-551-1200 / www.firedistrictl.org Packet Pg. 201 8.3.a Exhibit D 2021 Taste Edmonds Security Plan Taste Edmonds (2018 & 2019): At both 2018 and 2019 Taste Edmonds our beer garden was 65,000 square feet in size with a maximum of 4,000 people set by the fire department. We self-imposed our capacity down to 3,500 people, only increasing the number if the event was running safe and smooth. Our capacity in the 2019 beer garden hit over 3,800 on Friday evening without incident. This was achieved with only 15 Titan Security guards at maximum capacity and with the assistance of 6-8 Edmonds officers in the beer garden. In 2019, our total Taste Edmonds event space was 8.5 acres or 368,000 square feet. Within this space we had our 65,000 square foot beer garden. Much of the Edmonds Police time is dedicated to showing a visual presence of officers over the entire event space and outside the entrances. Officers would typically not be inside the beer garden in any large numbers until mid -day or Average Capacity numbers were reached. I recall comments from Sgt. Karl Roth, our police liaison, that the event went smoothly with no incidents that rose to the reporting level. There were a few of those who were asked to leave the event, but all went without incident after engaged by our private security and/or officers. Taste Edmonds (2021): While the event is now only for those over 21 years of age, we have not drastically increased the capacity limits per square foot. Our official capacity limit set by the fire department was communicated as 5,000 people. If we follow our 2019 model, we can drop that to 4,500 people and only increase if the event is running well and security/police are comfortable. 2019 Taste Edmonds 0 65,000 sq ft at the lower 3,500 capacity = 18.57 sq ft per person 0 65,000 sq ft at the full 4,000 capacity = 16.25 sq ft per person 2021 Taste Edmonds 0 95,000 sq ft at the lower 4,500 capacity = 21.1 sq ft per person 0 95,000 sq ft at the full 5,000 capacity = 19.0 sq ft per person Unlike in past years, Edmonds police do not need to ensure coverage for the other 300,000 square feet of general event space. The smaller overall festival size should reduce the number of officers needed for the festival, compared to past years. Our goal is to produce a safe festival, without incident, and require less Edmonds police coverage in 2021. While we only had a total of 15 security guards on any given shift in 2019, we are increasing that number to have 25 security guards when at/near our Full Capacity limits. • 2019 Taste Edmonds 0 3,500 capacity with 15 security guards = 253 guest per guard 0 4,000 capacity with 15 security guards = 266 guest per guard Packet Pg. 202 8.3.a • 2021 Taste Edmonds 0 4,500 capacity with 25 security guards = 180 guest per guard 0 5,000 capacity with 25 security guards = 200 guest per guard We have placed all structures and fence lines to eliminate areas where people would not be visible, or sight lines would be obstructed. These areas are the tree line on the south edge, the lower band shell and playground area. In addition, we will have emergency fence break points in many areas of the festival to allow for emergency vehicle access and should we need to quickly evacuate the crowds. Titan Security: Titan Security was selected based on a recommendation from the owners of Shawn O'Donnell's who has used their services for many years. Titan provides security for their massive St Patrick's Day celebration, which has a capacity of 5,000 people in a 60,000 square foot space. The recommendation came with glowing remarks on the professionalism of the Titan crew, their ability to control situations without the need to be physical and overall responsiveness and forward thinking on security needs. We have worked successfully with Niko Jones, owner of Titan Security, for the 2018 and 2019 Taste Edmonds events. In 2018 our police liaison who had worked the event for 20+ years commented on how smoothly things were with the new security company. In previous years our security was less responsive and more authoritarian in their dealing with the crowd, sometimes causing the issues to escalate in their interactions. • Titan Security has a hands -off policy when providing security services. When there is an incident, they use their physical size and numbers to their advantage. • All incidents where Titan must accelerate an interaction with a guest automatically results in multiple security guards responding at that incident. • Titan Security guards wear a bright neon green shirt that says "Security" and carry walkie-talkies so they can quickly report issues, call for assistance and communicate across the whole event venue. • If a guest is determined to be at/near/over the limit they are told that based on our determination they are no longer able to be served and need to leave the festival so they may eat, hydrate and sober up before being allowed to return. They share that WSLCB is in attendance and will ticket the event $1,500 if we overserve anyone. This approach generally calms down attendees who aren't being "kicked out" but told they can return later if they follow those suggestions. This interaction takes place with a minimum of two (2) security guards. If the interaction does not result in compliance Titan will increase the number of guards and/or ask for the assistance of police, if available and able to help. These increased numbers almost always result in compliance by the guest. • At the exit of the festival security documents the interaction, attempts to assist the guest in getting an Uber or Lyft and repeats their advice of time, hydration and eating. • In past years we have had people who show up to the event inebriated or visibly impaired. Our security can spot them and refuse entrance. They watch the lines looking for physical signs and by engage each person with a basic question or an exchange. We want to be sure that no one returns through the entrance if they were Packet Pg. 203 8.3.a removed and that we are not ticketed by WSLCB for someone who has arrived already overserved. While Titan Security has a hands -off policy, they will physically detain anyone who assaults them or another guest of the festival. If this happens, Titan Security will immediately engage the police department. This person will be turned over to the police and the physical assault documented should the police or assaulted individual wish to press charges. I am happy to say that in my seven years running the festival, I do not know of an incident that has risen to this level. In all incidents where security or police are involved a report is generated by Titan Security. They do their best to document the incident, include their name or description of the person, what actions were taken and the outcome. Titan also assists at the entry to the festival for checking IDs and bag searches. We have a no backpack, large purse or bag policy in place and will continue to communicate this in advance of the festival. For any small purse or bag that is allowed, we conduct a basic bag check to look for weapons or alcohol. Keeping these items out of the festival ensures safety for our guests. Titan Security Positions/Duties: There are several positions that Titan guards have during the festival. Titan guards are positioned throughout the festival for maximum visibility and to quickly respond to incidents, at no point do we allow our security to sit down or be in a position that restricts their line of sight. All guards have a walkie-talkie so they can report incidents, point out guests and quickly receive assistance. Entry/Exit Security (ES) — This person is tasked with monitoring the entrance and exit of the festival. o For those at an Exit they ensure no guests enter the festival without having passed through the official entry. They allow for the smooth departure of guests and watch their area for any incidents. o For those at the Entry they ensure the safety of volunteers selling tickets and watch the lines for signs of someone who is already inebriated and should be refused entry. IDBag Check Security (IBS) — This person is tasked with monitoring the entrance of the festival and checking photo IDs and any small purse or bag. o IDs are checked for all guests before they are allowed entry. We do this for everyone, even if you look 90 years old. A tent mounted blacklight will aid in their review of all IDs, so security features can be confirmed. o The festival will not allow backpacks or large purses inside our event. For any small purses or bags that are allowed, security will do a basic bag search. This search is to look for any weapons or alcohol a guest tries to sneak into the festival. Roaming Security (RS) — This person is mobile and patrols the crowds inside the festival. o They are looking for any person who is obviously impaired or acting in a way that is dangerous to themselves or other guests. Packet Pg. 204 8.3.a o By moving through the crowds and around the festival they are better able to head off things before they become a problem. • Beer Tent Security (BTS) —This person is positioned near the beer pouring tent and watch the lines. o These guards ensure the lines stay orderly and they watch the people in line for signs of overservice before they get to the front of the line. o They are positioned on a raised platform to see over the crowd. Stage Security (SS) — This person is tasked with keeping the stage area secured from guests. o These guards ensure no one breaches the fence that separates the stage from the crowd. Security Manager (SM) — This is Niko Jones, the main person in charge of all security and oversight on how the guards work throughout the day. o He directs guards, confirms shift changes and serves as the main point of contact with the Taste Edmonds staff and police. o He repositions guards within the festival if blind spots are identified. o He will swap guards between positions, so they stay on their toes and learn all parts of the festival. There is nothing worse than one guard standing in the same spot all shift. Packet Pg. 205 8.3.a Proposed Schedule and Security Coverages: (does not include police attendance) Date Day Position Low Ca packy 0 14-q8 Awerag-a Cap a ckty PSDD 2999 N I CaPadtw 3000 SCOD OW J10 row high ?owe Koh 10`Aug Friday 3:00 PM 4:00 PM -:OID PM 6:00 PM f:da PM 10,00 PM ES S 6 6 T 7 $ 1B5 1 2 2 9 3 4 R5 2 a 2 5 6 $ BiS 1 1 1 2 2 2 SS 1 1 1 2 2 2 SM 1 1 1 1 1 1 1 bmI merles low hl h 11 1A 14 �ic 21 1 25 2 7g Saturday 11:00 PM 3:00 PM 3:00 PM 5=00 PM 5:0D PM 10 ES M R5 Bid i5 Tm I total securJtw lowAleh I 22 AUg I SUnday IDS 05 BiS 55 SA- ta"l 5 fi 1 2 2 S IL IL1 1 1 i 12:00 PM 3:0G PM 5 C3 1 2 2 3 1 i 1 i 1 i 1i U 16 6 � 2 5 3 � 1 2 1 2 1 i 14 20 3- PM S:00 FM 2 3 5 1 � 1 2 1 1 Lis10 12:00 PM 3:0G PM 5 C3 1 2 2 3 1 i 1 i 1 i 1i U 16 6 � 2 5 3 � 1 2 1 2 1 i 14 20 3- PM S:00 FM 2 3 5 1 � 1 2 1 1 Lis10 16 6 � 2 5 3 � 1 2 1 2 1 i 14 20 3- PM S:00 FM 2 3 5 1 � 1 2 1 1 Lis10 3- PM S:00 FM 2 3 5 1 � 1 2 1 1 Lis10 :00 PM 5; OD PM I 8;CHD PM r � 2 2 2 2 1 1 11 25 Packet Pg. 206 8.4 City Council Agenda Item Meeting Date: 08/3/2021 Temporary Policy Extending Emergency Sick Leave Staff Lead: Jessica Neill Hoyson Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History The federal Families First Coronavirus Response Act was passed by Congress on March 18, 2020. It includes two different employee leave acts. The Emergency Family and Medical Leave Expansion Act provides paid and unpaid leave to employees who need to care for a minor child due to a COVID-19-related school or child care closure. The Emergency Paid Sick Leave Act provides paid leave to employees based on their own COVID-19 health related issues -- individuals who are caring for someone with COVID-19 issues, or who need to care for a minor child due to a COVID-19-related school or child care closure. The provisions of the laws had be implemented on or before April 2, 2020 and expired on December 31, 2020. At this time, congress has not made any changes to extend the provisions of this legislation. On January 5, 2021, the City Council approved Resolution 1466, which extended the Emergency Sick Leave benefits provided under the Policy through June 30, 2021. Staff Recommendation Approve a temporary 6-month extension of the Emergency Sick Leave provisions of the City's Families First Corona Virus Response Act policy which will extend this benefit through December 31, 2021. This item is time sensitive as the City is currently experiencing a significant increase in Covid19 positive cases among employees. Narrative The need for emergency sick leave continues due to the continuing rise in cases related to the Coronavirus' Delta variant, and the need to continue to have employees quarantine as a public health measure. Appropriate sick leave to allow employees to quarantine when they or a family member is exposed to CV19 and to isolate when they or a family member is diagnosed with CV19 is a public health measure that directly impacts mitigating the spread of CV19. Continuing this policy is in the public interest and in the best interest of the employees of the City and protecting continuity of services of the City. As this is leave, it does not increase the 2021 annual budget and would not require a budget amendment. Attachments: Resolution to Continue Emergency Sick Leave 7.29.2021 Families First Coronavirus Response Act Policy 4839-2937-9512 (V.4) Packet Pg. 207 8.4.a RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, TO CONTINUE THE EMERGENCY SICK LEAVE BENEFITS OF THE CITY'S FAMILIES FIRST CORONAVIRUS RESPONSE ACT POLICY THROUGH DECEMBER 31, 2021. WHEREAS, the City enacted its Families First Coronavirus Response Act Policy (hereinafter "Policy") on April 2, 2020; and WHEREAS, the federal Families First Coronavirus Response Act, upon which the Policy is based, expired by its terms on December 31, 2020; and WHEREAS, on January 5, 2021, the City Council approved Resolution 1466, which extended the Emergency Sick Leave benefits provided under the Policy through June 30, 2021; and WHEREAS, due to the continuing rise in cases related to the Coronavirus' Delta variant, and the need to continue to have employees quarantine as a public health measure, the City Council has determined that it is in the public interest to continue to provide City employees with the Emergency Sick Leave benefits provided by the Policy for an additional six months, unless the federal government enacts new legislation providing for such benefits before that date; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Emergency Sick Leave provisions of the City's Families First Coronavirus Response Act Policy, enacted on April 2, 2020, will continue in effect through December 31, 2021, unless the federal government enacts new legislation providing for such benefits before that date. The remainder of the Policy expired by its terms on December 31, 2020. Section 2. The references to "December 31, 2020" in the "Carryover; Termination of Benefit" section of the Emergency Sick Leave provisions of the Policy, which were previously extended to June 30, 2021, are hereby revised to read "December 31, 2021." In the event the federal government enacts new legislation providing for emergency sick leave benefits such as those provided for in the Policy, the remainder of the Policy will terminate as of the effective date of the federal legislation. If no such new legislation is enacted on or before December 31, 2021, the Emergency Sick Leave provisions of the Policy shall expire on that date. RESOLVED this day of 2021. CITY OF EDMONDS MAYOR, MIKE NELSON Packet Pg. 208 8.4.a ATTEST: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Pg. 209 8.4.b City of Edmonds Families First Coronavirus Response Act Policy This policy provides temporary protected leave and paid leave benefits for certain absences arising from the COVID-19 outbreak in accordance with the federal Families First Coronavirus Response Act (FFCRA). The benefits available under this policy are available beginning on April 1, 2020. This policy will be administered in accordance with the FFCRA statute and forthcoming federal regulations and guidance. The FFCRA provides for two categories of leave. The first expands existing FMLA coverage to provide up to 12 weeks of partially -paid Public Health Emergency Leave ("PHEL/FMLA") for eligible employees forced to miss work due to closure of their child's school or the unavailability of the child's childcare provider for reasons related to COVID-19. The second provides up to 10 days of Emergency Sick Leave for various reasons related to the COVID-19 outbreak. Details regarding each category of leave are provided in the sections below. Public Health Emeraencv Leave (PHEL/FMLA Eligibility. Employees who have worked for the Employer for at least 30 calendar days are eligible for PHEL/FMLA leave. An employee need not meet the eligibility requirements for regular FMLA (12 months of employment and 1250 hours worked in the prior year) to be eligible for PHEL/FMLA. Leave Entitlement. An eligible employee may take up to 12 weeks of protected leave if the employee is unable to work, or telework (See Telework Assessment at the end of this policy), based on a need to care for the employee's child under age 18 because the child's school or place of care has been closed, or the child's child care provider is unavailable due to a public health emergency. A public health emergency means an emergency with respect to COVID-19 declared by a federal, state, or local authority. PHEL/FMLA may be taken intermittently only if approved by the Employer. PHEL/FMLA is part of an employee's regular FMLA leave entitlement. Accordingly, if an employee has already used FMLA for other purposes during the FMLA leave year, the amount of available PHEL/FMLA will be reduced by the amount of FMLA leave already taken. PHEL/FMLA leave will be available through December 31, 2020. Pay Entitlement. The first 10 days of PHEL/FMLA will be unpaid, although employees may elect to use accrued leave or Emergency Sick Leave during this period. For leave beyond the first 10 days, the law requires that Employers pay two-thirds of the employee's regular pay, up to a maximum of $200 per day or $10,000 in the aggregate. The City of Edmonds has chosen to pay this benefit at 100% and will not apply caps to the benefit. Pay is calculated based on the number of hours an employee would otherwise have been scheduled to work. For employees with variable hours, hours will be determined Pag Packet Pg. 210 8.4.b based on the average number of hours scheduled over the six-month period preceding the leave (including paid leave hours) or on a reasonable expectation at the time of hire as to the hours per day the employee would normally be scheduled to work. Notification: Verification. Employees who need to take PHEL/FMLA leave should notify Human Resources as soon as practicable after the need for leave arises. An employee seeking PHEL/FMLA leave must submit documentation establishing a school closure or unavailability of child care (which may include a post from a school district website, email from a school or provider, etc.). Other. This policy will be administered consistent with the City's existing Family and Medical Leave (FMLA) policy, except as modified by the FFCRA. Emergency Sick Leave Eligibility. All employees of the City are eligible for up to 80 hours of Emergency Sick Leave based on their work schedule. Emergency Sick Leave may be fully paid or partially paid, depending on the reason for taking leave (see below). Covered Reasons for Using Emergency Sick Leave: Employees are entitled to use Emergency Sick Leave when they are unable to work, or telework (See Telework Assessment at the end of this policy), for any of the following reasons: The employee is subject to a federal, state, or local quarantine or isolation order related to COVID-19. (Please note: the Department of Labor has updated the advisement that a state or local "stay at home" or "shelter in place" order does qualify under this reason. For the purposes of Emergency Sick Leave, a quarantine or isolation order includes quarantine, isolation, containment, shelter - in -place, or stay-at-home orders issued by any Federal, State, or local government authority that cause the Employee to be unable to work even though his or her Employer has work that the Employee could perform but for the order. 2. The employee has been advised by a health care provider to self -quarantine due to concerns related to COVID-19. 3. The employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis. 4. To care for an individual who is self -isolating for one of the reasons described in (1) or (2) above. Per DOL regulations "individual" means an employee's immediate family member, a person who regularly resides in the employee's home, or a similar person with whom the employee has a relationship that creates an expectation that the employee would care for the person if he or she were quarantined or self -quarantined. For this purpose, "individual" does not include persons with whom the employee has no personal relationship. 5. To care for the employee's child under age 18 due to closure of the child's school or unavailability of the child's childcare provider due to COVID-19 precautions. A "child" is defined the same as under the FMLA; i.e., a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco Pag Packet Pg. 211 8.4.b parentis who is either under 18 years of age or is 18 years of age or older and "incapable of self -care because of a mental or physical disability" at the time leave is to commence. 6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor. Paid Leave Entitlement. Full-time employees are entitled to up to 80 hours of Emergency Sick Leave. Part-time employees are entitled to the Emergency Sick Leave equal to number of hours they typically work over a two -week period. For employees with variable hours, hours will be determined based on the average number of hours scheduled over the six-month period preceding the leave (including paid leave hours) or on a reasonable expectation at the time of hire as to the hours per day the employee would normally be scheduled to work. Any Emergency Sick Leave available under this policy is in addition to accrued leave to which an employee was already entitled under existing City policies or labor agreements. Pay Entitlement and Caps on Benefit: The law states that where leave is taken for reasons (4), (5), and (6) listed above, the benefit may be limited to no less than two- thirds the employee's regular rate of pay and where Emergency Sick Leave is taken for reasons (1), (2), or (3) above (which cover leave due to the employee's own health or quarantine), the paid sick leave benefit is equal to the employee's regular rate of pay. The City has chosen to provide this benefit at 100% of the employee's regular rate of pay for all reasons covered by this law. Accordingly, the City will not be applying the daily and aggregate caps to this benefit. Use of Paid Sick Leave; Sequencing with Other Leave; Intermittent Use. Employees may access Emergency Sick Leave for a covered reason before exhausting other accrued leaves. If an absence is covered by this Emergency Sick Leave policy and the PHEL/FMLA policy above, the employee may elect to use Emergency Sick Leave during the first 10 days of PHEL/FMLA in order to remain in paid status. If an employee is using Emergency Sick Leave intermittently due to a closure of a child's school or unavailability of the childcare provider, the employee may take leave intermittently only with the City's approval. An employee may also use Emergency Sick Leave intermittently with Employer approval if unable to telework his/her normal schedule of hours due to a qualifying reason (for example, if an employee can telework in the morning, but needs to care for a child in the afternoon due to a school closure). Per Department of Labor guidance, where an employee is not teleworking, intermittent use of Emergency Sick Leave is not permitted when leave is taken for reasons (1), (2), (3), (4), or (6) above. In such cases, Emergency Sick Leave must be taken in full -day increments and once leave is initiated for one of these reasons, the employee must continue to use Emergency Sick Leave until either (i) the full amount of Emergency Sick Leave has been used; or (ii) the employee no longer has a qualifying reason for taking Emergency Sick Leave. The Department of Labor has explained that this requirement is imposed because if an employee is actually or possibly sick with COVID-19, or is caring for someone who is sick or possibly sick with COVID-19, the intent of the law is to provide paid leave to prevent the spread of the virus. Pag Packet Pg. 212 8.4.b Carryover; Termination of Benefit. The Emergency Sick Leave Benefit expires on December 31, 2020; any unused Emergency Sick Leave will not be carried over to the next calendar year or merged into other leave banks. Additionally, the entitlement to Emergency Sick Leave ceases beginning with the employee's next scheduled work shift immediately following the termination of the need for paid sick leave. However, to the extent an employee subsequently needed additional time off for another covered reason prior to December 31, 2020, the employee could use any remaining Emergency Sick Leave available. Notification. An employee who needs to take Emergency Sick Leave should notify Human Resources as soon as practicable. After the first workday (or portion thereof) that an employee takes Emergency Sick Leave, the employee must follow departmental notice requirements required for continued use of regular sick leave. Verification. An employee requesting Emergency Sick Leave must: specify the qualifying reason for requesting leave; state that the employee is unable to work or telework, for that specified reason; and provide the date(s) for which leave is requested. The Department of Labor also requires that the City obtain documentation supporting the leave request. Documentation may include, for example, a copy of the federal, state or local quarantine or isolation order related to COVID-19; written documentation from a health care provider advising the individual to self -quarantine due to COVID-19; or documentation from the employee's child's school or childcare provider of closure (such as website posting or email). Documentation for both Public Health Emergency Leave and Emergency Paid Sick Leave. DOL regulations state that an employee seeking PHEL/FMLA or EPSL leave must provide the employer with documentation containing: (i) the employee's name; (ii) date(s) for which leave is requested; (iii) qualifying reason for the leave; and (iv) an oral or written statement that the employee is unable to work due to the qualifying reason. Depending on the type of leave being requested, DOL regulations require that an employee provide the following additional information to substantiate the leave request: o Where ESPL is requested due to a quarantine or isolation order, the name of the government entity issuing the order; o Where EPSL is requested due to the recommendation of a health care provider to self -quarantine, the name of the health care provider making the recommendation; or o For PHEL/FMLA leave or where EPSL is used to care for a child due to a school closure or the unavailability of a childcare provider, the employee must also provide: • name of the son or daughter being cared for; • name of the school, place of care or childcare provider that has closed or become unavailable; and • a representation that no other suitable person will be caring for the child during the period for which the employee is taking leave. If the child needing care is older than 14 and the care is during daylight hours, a Pag Packet Pg. 213 8.4.b statement that "special circumstances" exist requiring the employee to care for the child is required. Telework Assessment for both Public Health Emergency Leave and Emergency Paid Sick Leave. According to DOL regulations, an employee is able to telework if: "(a) his or her Employer has work for the Employee; (b) the Employer permits the Employee to work from the Employee's location; and (c) there are no extenuating circumstances (such as serious COVID-19 symptoms) that prevent the Employee from performing that work. Extenuating circumstances include the need to care for a child where the child's school or place of daycare is closed and the child being at home precludes the employee from effectively preforming work remotely. In such situations the ability of the employee to work intermittently will be explored prior to any approval of a block of time off. Telework may be performed during normal hours or at other times agreed by the Employer and Employee." Pag Packet Pg. 214