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Cmd90622 Edmonds City Council Approved Minutes September 6, 2022 Page 1 EDMONDS CITY COUNCIL MEETING APPROVED MINUTES September 6, 2022 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Vivian Olson, Council President Will Chen, Councilmember Neil Tibbott, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Laura Johnson, Councilmember Dave Teitzel, Councilmember (seated at 9:00 p.m.) STAFF PRESENT Angie Feser, Parks, Rec., & Cultural Serv. Dir. Jessica Neill Hoyson, HR Director Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Kris Reintegrado, A/V Technician 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council meeting was called to order at 7:02 p.m. by Mayor Nelson in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Chen 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. PRESENTATIONS 1. RESOLUTION HONORING COUNCILMEMBER KRISTIANA JOHNSON Council President Olson read a resolution of the City Council of the City of Edmonds, Washington, honoring Councilmember Kristiana Johnson for her service to the Edmonds City Council. She was honored to have Kristian Johnson’s sister, Janette Johnson, present to receive these accolades on behalf of the family. Janette Johnson thanked the council for the resolution, a wonderful tribute to Kristiana. Her passion for the City of Edmonds, service and leadership were profound. On behalf of the family, she thanked the council for this wonderful tribute. 2. NATIONAL SUICIDE PREVENTION AWARENESS MONTH Edmonds City Council Approved Minutes September 6, 2022 Page 2 Mayor Nelson read a proclamation proclaiming the month of September 2022 as Suicide Prevention Awareness Month in the City of Edmonds. 3. SNOHOMISH HEALTH DISTRICT 2022 SUICIDE PREVENTION REPORT Wendy Burchill, Healthy Communities Specialist & Child Death Review Coordinator, Snohomish Health District, explained through her work with Child Death Review, recommendations are made about prevention of future deaths of youth by focusing on modifiable risk factors, one of which is youth suicide prevention. A lot of the information she will share is applicable to all ages, not just youth. She reviewed: • Adult Suicide Rates by Age Group, Snohomish County • Youth (age 0-17) Suicide Rates, Snohomish County and Washington State • Youth Suicide in our Community o Zero Suicide Discussion ▪ In 2020 there were no youth (age 0-17) suicides in Snohomish County. This was the first time in nearly 20 years where there were zero youth suicides in a 12-month period. ▪ Protective Factors - Sleep - More family time/interaction (and pets!) - Less juggling of commitments, not overextended - Less bullying Edmonds City Council Approved Minutes September 6, 2022 Page 3 - More flexibility in terms of schedule and an opportunity to take ownership of when and where schoolwork is completed - Less academic pressure – testing, deadlines - Less distraction and chatter (esp for ADD/HD, anxiety students) - Supervision ▪ Risk Factors (in addition to the traditional suicide risk factors) - Unpredictability of the future – days, weeks, months, years – increases anxiety - Lack of coping strategies - Youth who have become disengaged from school - When home is not a safe space – creating trauma that may lead to mental health crisis or suicide attempt(s) - Increased access to firearms • Suicide Clues and Warning Signs o The more clues and signs observed, the greater the risk. o Take all signs seriously. o Direct Clues ▪ “I’m going to kill myself.” ▪ “I wish I were dead.” ▪ “I’m going to commit suicide.” ▪ “I’m going to end it all.” ▪ “If (such and such) doesn’t happen, I’ll kill myself.” o Indirect Clues ▪ “I’m tired of life, I just can’t go on.” ▪ “My family would be better off without me.” ▪ “Who cares if I’m dead anyway.” ▪ “I just want out.” ▪ “I won’t be around much longer.” ▪ “Pretty soon you won’t have to worry about me.” o Behavioral Clues ▪ Any previous suicide attempt ▪ Acquiring a gun or stockpiling pills ▪ Putting personal affairs in order ▪ Giving away prized possessions ▪ Sudden interest or disinterest in religion ▪ Co-occurring depression, moodiness, hopelessness ▪ Drug or alcohol abuse, or relapse after a period of recovery ▪ Unexplained anger, aggression and irritability o Situational Clues ▪ Being fired or being expelled/suspended from school ▪ A recent unwanted move ▪ Loss of any major relationship ▪ Death of a spouse, child, or best friend, especially if by suicide ▪ Sudden unexpected loss of freedom/fear of punishment ▪ Fear of becoming a burden to others • How to Help Someone in Crisis o Listen to the problem and give them your full attention o Do not rush to judgment o Offer hope in any form. “You matter!” o Get others involved. Ask the person who else might help. Family? Friends? Brothers? Sisters? Clergy? Physician? Edmonds City Council Approved Minutes September 6, 2022 Page 4 o Follow up with a visit, a text or a card, or in whatever way feels comfortable to you. Let the person know you care about what happens to them. • What We Know o Suicide is complex. There are almost always multiple causes, including mental illnesses and childhood trauma, that may not have been recognized or treated. Death by suicide is rarely caused by a single event, such as a recent job loss, divorce, bullying, or bad grades. o Mental disorders and/or substance abuse have been found in 90 percent of people who have died by suicide. o Suicide is a response to intense, emotional pain that results in feelings of hopelessness and of burdensomeness. o Depression, anxiety, and suicidal crises are livable and survived by most who get help. o The majority of people who survive suicide attempts report that they did not want to die, instead they did not believe there was any other way to end their pain. o Safe firearm storage saves lives. An adolescent’s risk of suicide increases nearly fourfold if they live in homes with a firearm compared to those living in homes with no firearm. • How the Community Can Help o Take and/or offer trainings like Mental Health First Aid, QPR or Talk Saves Lives o Partner with area mental health providers and crisis resources to keep the conversation about suicide in the forefront o Utilize social media platforms to accurately relay hopeful survivor stories and resources o Be the source for timely and accurate data about suicide in your community o Provide crisis line information and mental health resources to clients, community members and/or students via flyers, posters, cards, and on student IDs • Why Talk About Suicide? o Discussing suicide (in person or in the media) carefully and appropriately, can ▪ Change public misperceptions ▪ Correct myths ▪ Reduce stigma ▪ Encourage those who are vulnerable or at risk to seek help. ▪ PREVENT future suicides • Snohomish County Youth Suicide Prevention Task Force o Enhances community coordination, identifies service gaps to help leverage resources, provides technical assistance and training, and identifies policy gaps all regarding youth suicide and prevention. o https://snocochildrenswellnesscoalition.com/index.php/suicide-prevention-task-force/ • Crisis Resources in Snohomish County o 24/7 consultation with professional staff o Urgent appointments o Mobile outreach ➢ 800-584-3578 ➢ Crisis Chat: www.imhurting.org • 988 – 24/7 Crisis & Support o Simply calling or texting 988 or chatting at 988Lifeline.org will connect you to compassionate care and support for mental health-related distress. • Suicide Resources o American Foundation for Suicide Prevention - www.afsp.org o National Alliance on Mental Illness - www.nami.org o Suicide Prevention Resource Center - www.sprc.org o The Trevor Project - www.thetrevorproject.org o Mental Health First Aid - www.mentalhealthfirstaid.org • Veteran Suicide Resources Edmonds City Council Approved Minutes September 6, 2022 Page 5 o US Dept of Veteran Affairs REACH and Mental Health Resources - www.va.gov/REACH and www.mentalhealth.va.gov o Wounded Warrior Project - www.woudedwarriorproject.org o NAMI: Veterans and Active Duty - www.nami.org/Your-Journey/Veterans-Active-Duty o Stop Veteran Suicide - www.stopveteransuicide.org • Native American Suicide Resources o The Washington Indian Behavioral Health HUB exists as a central resource point for those affiliated with the Native American and Alaskan Native Communities. We are available statewide to assist in a variety of ways, giving special attention to culture and community connection. ▪ 1-866-491-1683 ▪ Native text line. Text NATIVE to 97779 • Suicide Loss Survivor Resources o American Foundation for Suicide Prevention - www.afsp.org o National Alliance on Mental Illness - www.nami.org o Friends for Survival - https://friendsforsurvival.org/ o Crisis Connections - https://www.crisisconnections.org/support-after-suicide/ o Bereaved Parents of the USA - https://www.bereavedparentsusa.org/ o Survivors of Suicide Support Group - bereavement@swedish.org and www.swedish.org/classes-and-resources/bereavement-support Councilmember Paine commented was glad Ms. Burchill was back to make a presentation again this year. She was most impressed by having the risk factors identified and talked about. She was glad youth suicide decreased to zero in 2020 and hoped that trend would continue. She asked how to best monitor and be active in the community such as will the presentation be made to schools or in other places where young people are as well as community events in Edmonds and in the region, noting the importance of everyone having this information. Many have been touched by suicide in their personal lives and knowing what can be done and that it is totally preventable is important. Ms. Burchill suggested one of the best ways to get actively involved is the task force which is community wide. There are several people from the Edmonds School on the task force. In the past suicide prevention was only a small portion of her work at the health district; with the formation of the task force, she feels there is a community-wide effort assisting her. She also suggested checking in more often with youth, veterans and the elderly, even if it is just a text. Even if a person does not tell them they matter or ask if they are thinking of suicide, showing they care and are thinking of them gives them a sense of value and that they have a place. Councilmember L. Johnson commented the presentation was very informative and every time she hears the presentation, something new stands out to her. She referred to the change in the number of youth suicide in 2020 and the indication that the trend in Snohomish County is not necessarily the same nationwide. She expressed interest in knowing more about that; whether Snohomish County was an anomaly, whether something was different or what happened. As a parent of teens during this time, she saw how some of the things like more sleep, less juggling of commitments benefited their health overall. She was interested in seeing what could be done with the information related to suicide prevention but also for the continuum; if it reduced suicide, it resulted in youth who are less stressed, have less anxiety, etc. She asked how that information could be used going forward. Councilmember L. Johnson referred to the comment that the number one cause of suicide is untreated depression and that depression is an illness. She noted illnesses are treated and talked about, but for many, talking about suicide and mental health comes with a stigma. It is important to talk about and treat depression until it becomes something normal to talk about with family and friends. She reiterated safe firearm storage saves lives. Edmonds has done its part to try to address this head on. She highlighted the statistic of four times the risk of suicide for youth who live in a home with guns. Edmonds City Council Approved Minutes September 6, 2022 Page 6 Ms. Burchill advised 2020 was an anomaly; 5 youth in Snohomish County were lost to suicide in 2021, but she hoped to see zero suicides again. Looking at the protective factors during COVID provide tools. Many on the task force have kids and agreed it did not mean they weren’t struggling with mental health because those were stressful times for everyone, but what specifically was happening that made it different? Taking that information to the next level is something they are talking about. The zero suicide was the springboard for creating the task force, getting into schools, looking at their policies, looking at what they offer in terms of support, etc. are things that are being looked at more closely. Councilmember L. Johnson liked the term protective factors, even before the pandemic, parents heard how important sleep and family time are, but COVID gave an opportunity to see it. Labeling them as protective factors is key because not only is it good for youth, but it is protective. Ms. Burchill agreed, noting there is a lot of data to back up the issue of sleep. 5. APPROVAL OF AGENDA COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND TO ADD 9.1, A RESOLUTION TO CELEBRATE HISPANIC HERITAGE MONTH FROM SEPTEMBER 15 TO OCTOBER 15. Councilmember L. Johnson expressed her appreciation to Councilmember Chen for bringing this forward. She looked forward to an opportunity to learn more through this resolution. AMENDMENT CARRIED UNANIMOUSLY. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO AMEND THE AGENDA AS FOLLOWS: ITEM 9.2, PUBLIC WORKS DIRECTOR APPOINTMENT CONFIRMATION AND EMPLOYMENT AGREEMENT; ITEM 9.3, 96TH AVE STORMWATER/CIVIC PARK MITIGATION PROJECT FUNDING; ITEM 9.4, COUNCILMEMBER APPOINTMENT PROCESS; ITEM 9.5, ORDINANCE REVISING CHAPTER 2.05 ECC; AND REMOVING REVISIT PERMANENT DESIGN STANDARDS FOR MULTIFAMILY BUILDINGS IN THE BD2 ZONE WHICH IS NOT A STATUTORY REQUIREMENT BUT AN EXTRA TOUCH BEFORE NEXT WEEK’S PUBLIC HEARING. Councilmember Paine pointed out next week is committee meetings. Council President Olson clarified she meant the September 20th meeting. Councilmember Buckshnis commented it would be more appropriate to move the council appointment process up on the agenda as Item 9.3 is not time sensitive. Council President Olson advised it was time sensitive. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson described procedures for in-person audience comments. Edmonds City Council Approved Minutes September 6, 2022 Page 7 Carl Zapora, Edmonds, thanked councilmembers and City staff who organized and attended the memorial for Kristiana Johnson, a beautiful tribute to a great councilmember. He also appreciated the council honoring her this evening. With regard to appointing someone to replace the Kristiana Johnson for the rest of her term, there is a lot of work to be done. September-December entail a huge amount of work to put together the City’s budget. Every councilmember he knows have said it is a very big learning curve and they do not get up to speed in a few months, it is often 5-9 months before they grasp everything going on in the City, the complexities, legal issues, budget matters, etc. With that in mind, there are a lot of great people who have applied for appointment to the city council and he applauded them for their interest in the City. As it relates to being up to speed as quickly as possible during this important time for the City, there is one applicant who has what it takes and can serve as a full city councilmember on day one, former Councilmember Dave Teitzel. He encouraged the council to seriously consider Dave Teitzel; he is experienced and well respected by all councilmembers. Mayor Nelson described procedures for virtual audience comments. Ken Reidy, Edmonds, read from the State Attorney General, the Open Public Meetings Act establishes procedures for a governing body to adjourn a regular or special meeting and continue that meeting to a time and place identified in an order of adjournment, RCW 42.30.090. Less than a quorum of a governing body may adjourn and continue a meeting under these procedures or the clerk or secretary of the body may do so if no members are present. Notice of the meeting adjournment must be the same that is required for special meetings in RCW 42.30.080 and a copy of the order or notice of adjournment must be posted on or near the door of the place where the meeting was held. He asked whether the council was allowed to adjourn tonight’s special meeting and then continue it as part of the regular meeting for two items, Council Appointment for the Vacancy and Review of City Attorney Code, Chapter 2.05. Next, he encouraged the city council to form a citizen task force to review the historical conduct of city attorneys and recommend how the City should obtain and manage legal advice. This task force can also help with the update of chapter 2.05 ECC. Adrienne Fraley-Monillas, Edmonds, said although she appreciated Mr. Teitzel’s ability to communicate with others, she reminded that he, Councilmember Tibbott and former Councilmember Mesaros were the last councilmembers censured by Councilmember K. Johnson regarding the freeway offramp onto the beach where there was a 4-3 vote and those three councilmembers went to the Department of Ecology to more or less complain about what the council did and indicate their support for the offramp to the beach. Mr. Teitzel also supported decreasing the buffer in the marsh to a level that would not have protected it from parking, oil, gasoline, and vehicle emissions. If the council was interested in supporting the environment, supporting someone who wanted a huge structure going to the beach and creating a smaller buffer for the marsh was probably not the best idea. She wished the council luck in making this decision, recalling her involvement in multiple council appointments. She summarized the council needs to base their appointment decision on who can do a good job all around for the council, not just those who will support the votes of the minority or the majority whichever the case may be. Dee [no last name given], commented it may not be beneficial to Edmonds to appoint Maria Montalvo to the city council as she is Strom Peterson’s wife and tied to a democratic party position. Councilmembers are supposed to be non-partisan and she did not feel good about the council appointing her. She encouraged the council to look carefully at all the candidates’ backgrounds and ensure they are putting Edmonds first and before big city politics. 7. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES FROM STEVEN NOBLE Edmonds City Council Approved Minutes September 6, 2022 Page 8 2. WRITTEN PUBLIC COMMENTS 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. Councilmember Buckshnis requested Items 8.1 and 8.2 be removed from the Consent Agenda to allow her to abstain from the vote. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 3. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF AUGUST 27, 2022 4. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF AUGUST 29, 2022 5. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 6. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 7. ARTS & CULTURAL SERVICES PROGRAM MANAGER JOB DESCRIPTION REVISION 8. CULTURAL ARTS PROGRAM SPECIALIST JOB DESCRIPTION REVISION 9. HISTORIC PRESERVATION COMMISSION MEMBER REVISION 10. RESOLUTION HONORING COUNCILMEMBER KRISTIANA JOHNSON 11. MARCHIS V. CITY OF EDMONDS CONFLICT WAIVER ITEMS REMOVED FROM CONSENT 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF AUGUST 23, 2022 2. APPROVAL OF COUNCIL REGULAR MEETING MINUTES OF AUGUST 23, 2022 Councilmember Buckshnis said she was out of country for the August 23, 2022 meetings so she will abstain from the vote. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE COUNCIL SPECIAL MEETING MINUTES OF AUGUST 23, 2022 AND COUNCIL REGULAR MEETING MINUTES OF AUGUST 23, 2022. MOTION CARRIED (6-0-1), COUNCILMEMBER BUCKSHNIS ABSTAINING. 9. COUNCIL BUSINESS 1. RESOLUTION TO CELEBRATE HISPANIC HERITAGE MONTH Councilmember Chen read a proclamation proclaiming September 15 - October 15 as Hispanic Heritage Month. Edmonds City Council Approved Minutes September 6, 2022 Page 9 COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE RESOLUTION 1503, EDMONDS, WASHINGTON CELEBRATING HISPANIC HERITAGE MONTH. MOTION CARRIED UNANIMOUSLY. 2. PUBLIC WORKS & UTILITIES DIRECTOR APPOINTMENT CONFIRMATION AND EMPLOYMENT AGREEMENT HR Director Jessica Neill Hoyson summarized Oscar Antillon’s background, advising the council has previously seen his application materials and the employment contract is included in the packet. Mr. Antillon has over 20 years’ experience in public works, serving in a variety of increasingly responsible positions. His background includes municipal public works director positions as well as program management for NASA. He is a veteran of the U.S. Navy and holds an MS in information science and technology management as well as a BS in civil engineering and is a registered professional engineer. He brings a strong background in budgeting and project management and in his tenure with the Navy, led the largest construction project in the Navy inventory. He has extensive experience in leadership and personnel management, facilities management, as well as energy efficiency and green construction. Councilmember Tibbott commented when he reviewed Mr. Antillon’s resume, one of his concerns was the short tenures in the cities he worked for. He asked what led him to move from one city to another so rapidly. Ms. Neill Hoyson answered that has been discussed with Mr. Antillon, mostly focused on his commitment to being with the City of Edmonds. Of course, when an employee is hired, they cannot be tied to a length of employment. In her discussions with him, he is committed to a long tenure with Edmonds and is moving his family here and plans to live and stay in Edmonds a while. Councilmember Tibbott asked how many people applied for the position and how many were offered the position. Ms. Neill Hoyson recalled there were 18 applicants and 2 people were offered the position. Council President Olson shared things that excited her with regard to why this candidate will be a great fit for Edmonds and hopefully with that great fit, he will be compelled to stay for a long time. One of the things that resonated with her was he mentioned attending board and commission meetings in other communities he was in and getting to know the community members who participate. People in Edmonds will appreciate having that person sitting next to them learning and listening. She felt he was without ego in that way and would take all the good input from the community. She was excited about this candidate and thanked Mayor Nelson for bringing the appointment forward for council confirmation. Councilmember Buckshnis relayed a question from a citizen regarding the $8,000 traveling expense for a previous director. This director will be traveling much further but was only paid $8,000 for moving expenses. She asked if the $8,000 provided to the prior director established a precedent. Ms. Neill Hoyson answered council previously approved that amount so the mayor felt comfortable forwarding that proposal for council consideration. Councilmember Buckshnis said she was excited to get Mr. Antillon on board as the City has been without a public works director for a long time and there are many important projects on the horizon. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO CONFIRM THE MAYOR’S APPOINTMENT OF OSCAR ANTILLON TO THE PUBLIC WORKS & UTILITIES DIRECTOR POSITION EFFECTIVE OCTOBER 1, 2022 ALONG WITH APPROVAL OF THE CORRESPONDING EMPLOYMENT AGREEMENT. UPON ROLL CALL, MOTION CARRIED (5-1), COUNCILMEMBERS CHEN, BUCKSHNIS, PAINE, AND L. JOHNSON AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBER TIBBOTT VOTING NO. Edmonds City Council Approved Minutes September 6, 2022 Page 10 Mr. Antillon thanked HR staff for guiding him through the process. He was honored to be appointed to this important role and looked forward to working with the team, delivering services the community expects, and learning from citizens and partners that make public works possible. 3. 96TH AVE STORMWATER/CIVIC PARK MITIGATION PROJECT FUNDING Parks, Recreation, & Cultural Services Director Angie Feser explained this agenda item was to request the allocation of ARPA funds for a stormwater mitigation project related to Civic Park. This project has been part of Civic Park for quite some time. As demonstrated in a presentation to council committee last month, there are issues with funding allocation and cost overruns on the Civic project. One option to assist with that situation is to use ARPA funds for the stormwater project. The stormwater mitigation is required for the Civic Park project because the park site has a very high water table, there is more than 10,000 square feet of impervious surface and all the stormwater cannot be treated onsite. The project can be mitigated by creating a stormwater treatment infiltration project within the same watershed. She reviewed: • Early design o Stormwater Mitigation – Yost Park ▪ Many locations ▪ Tree impacts ▪ Loss of parking spaces ▪ Loss of pool spectator area ▪ Pool operations impact ▪ In-house construction • Alternative design o Stormwater Mitigation – 96th Ave Right-of-Way ▪ Due to groundwater limiting stormwater detention at Civic Park, this project will detain stormwater through infiltration within the same Shell Creek Watershed ▪ Less impactful to the park and more efficient ▪ Still meets the requirements of the permitting for Civic Park ▪ Council authorization for contract award later this year ▪ Getting ready to go to bid but need to identify funding source first ▪ Proposing to use one-time ARPA funds for this project instead of REET or parks related funds • Project expenses through 6/30/22 (Construction completion 57%) Edmonds City Council Approved Minutes September 6, 2022 Page 11 Ms. Feser summarized the cost of the stormwater mitigation was originally $200,000 when the project was to be done in-house and is now estimated at $430,000 due to the technical nature and the requirement for a contractor. With that addition and the shortfall in funding from Snohomish County, here is an estimated deficit of $313,000. Options for funding are REET, Park bond funds, the General Fund, or ARPA funds. This is a standalone project that has not gone out to bid yet and qualifies as a green infrastructure and stormwater project. She requested the council considering funding this project with ARPA funds. A decision is needed soon as the bid documents need to contain this information because the contractor needs to be aware of the different requirements when ARPA funds are used. Councilmember Buckshnis thanked Ms. Feser for the explanatory email she sent her today. She recalled the original mitigation was to be done by park maintenance staff but now the project footprint will be smaller and the cost will be increased. Due to technical difficulties with Ms. Feser’s internet connection, Mayor Nelson declared a brief recess. Councilmember Buckshnis observed there was a 215% or $431,620 increase, but the project footprint was smaller. She asked why the price was increasing, whether it was simply because it was being contracted out. Ms. Feser explained the original project was to be done with in-house labor. This project is a different approach, requiring digging a very deep hole and installation of an inground infiltration system which in-house staff is not technically capable of doing so it has to be contracted out. Councilmember Buckshnis observed the additional cost was $450,000. Ms. Feser said the allocation she is requesting is up to $450,000. Councilmember Buckshnis observed that will reduce the REET allocation. Ms. Feser agreed. Councilmember Buckshnis asked why stormwater was not paying any of this and if it was because it was mitigation for Civic Park. Ms. Feser answered stormwater funds were never allocated as part of the Civic Park project and when funds were originally allocated for Civic, ARPA funds did not exist as they were the result of COVID. The Civic Park project included this mitigation project and it was covered by funds allocated for the Civic Park project and did not include any stormwater funds. Councilmember Buckshnis asked if there would still a $313,000 shortfall if $450,000 in ARPA funds were allocated. Ms. Feser answered no, the shortfall will be covered by the ARPA funding. Councilmember Paine asked the timeline to complete the mitigation project. Ms. Feser answered if the council approves the allocation tonight, she was hopeful the work could be completed in the December- February timeframe. Councilmember Paine asked if the council approves the allocation, will there be an ordinance provided for approval at the next council meeting. [Ms. Feser’s internet connection was lost.] COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AUTHORIZE THE ALLOCATION OF UP TO $450,000 OF ARPA FUNDING TO CONSTRUCT THE 96TH AVENUE STORMWATER MITIGATION PROJECT AS REQUIRED FOR THE COMPLETION OF CIVIC CENTER PLAYFIELDS PARK PROJECT Councilmember L. Johnson asked if there was anything that could be reduced or removed from the project instead of going over budget. This started as an expensive project and is getting more expensive and she was certain the funds could be used for other worthwhile things. MOTION CARRIED (6-0-1), COUNCILMEMBER L. JOHNSON ABSTAINING. Due to time constraints and because an executive session needs to be held tonight, Council President Olson made the following motion: Edmonds City Council Approved Minutes September 6, 2022 Page 12 COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO MOVE THE EXECUTIVE SESSION TO THE NEXT ITEM ON THE AGENDA. Council President Olson commented the executive session is time critical and needs to happen tonight. Councilmember Buckshnis observed the executive session is scheduled for 60 minutes. She suggested trying to appoint a councilmember to the vacancy for the next 25 minutes. Council President Olson said she planned to make another motion to continue the meeting to tomorrow evening to consider the remaining items. Councilmember L. Johnson understood the council may need to meet on another night, but as it is 8:30 p.m., she suggested working on the appointment for another hour and then holding the executive session. Council President Olson suggested if the council wanted to delay the start time of the executive session by ½ to 1 hour followed by a 1 hour executive session, asking staff who were here for the executive session what time they get up in the morning, noting they may not be at their peak to make a presentation at the executive session in another hour. Councilmember Paine asked if the planning board was scheduled in council chambers tomorrow evening. Mr. Passey said he would need to check the calendar. Councilmember L. Johnson suggested holding the executive session first and then the other agenda items. In addition to asking staff about the late hour, she wondered about them giving up another evening if the council could complete this work tonight. Council President Olson preferred to come back after the executive session if that was what the rest of the council wanted to do. Councilmember Buckshnis agreed with continuing to work on the appointment of a councilmember until 9 p.m. and then convene the executive session. She did not want citizens waiting in the audience for the next agenda items while the council was in executive session. UPON ROLL CALL, MOTION FAILED (1-5), COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS CHEN, TIBBOTT, BUCKSHNIS, PAINE AND L. JOHNSON VOTING NO. Council President Olson advised the former Student Representative was no longer present and asked if there was anyone in the audience who would assist the city clerk with picking up nomination and ballot forms. A/V Technician Kris Reintegrado offered to assist. 4. APPOINTMENT TO FILL COUNCIL POSITION 1 VACANCY City Clerk Scott Passey relayed the council would continue where they left off at the conclusion of the special meeting where ballot 33 was a deadlock. He requested Councilmembers complete Nomination #5. Nomination 5 Candidate Councilmember Natalie Seitz L. Johnson Dave Teitzel Olson, Tibbott & Buckshnis Roger Pence Chen Maria Montalvo Paine Edmonds City Council Approved Minutes September 6, 2022 Page 13 Councilmember Tibbott spoke to his nomination again, partially due to the misinformation provided during Audience Comments. He assured the three councilmembers mentioned were not censured for anything. The comments provided were confusing with regard to whether they were related to the marsh or the connector. None of the information was accurate and it was rather confusing. Instead of listening to the misinformation, he suggested focusing on Mr. Teitzel’s community involvement. As a councilmember, he was involved with the community task force that gathered input on Civic Park, he has served on the Historic Preservation Commission, served on Historic Preservation Commission, currently assists with organizing the summer market, and as a private citizen is very involved with delivering food to needy families in the community. During his previous campaign for council, he doorbelled over 6,000 homes in the community, working hard to connect with people in every neighborhood in the City and even lost 15 pounds walking around the city. Councilmember Tibbott summarized in addition to the previous comment he made about him, Mr. Teitzel is very well connected with people in the City and will represent the City well. Councilmember Paine spoke on behalf of her nomination of Maria Montalvo, relaying if she were elevated to city council, as a person of color, she would also represent one of the more diverse aspect of the community. She has been actively involved in the food bank, charitable and veterans organizations, and education foundations at Edmonds College and elsewhere in south Snohomish County and likes to get things done. She encouraged councilmembers to consider supporting Maria Montalvo’s nomination to the city council. Councilmember Buckshnis commented the late Councilmember K. Johnson had big shoes to fill. She was an independent, was very thoughtful and did not censure anyone. When she was council president in 2016, Ann Macfarlane was invited to provide the council an update on parliamentary procedures because three councilmembers wrote a minority letter to Ecology, but there was no censure. She recalled when the late Councilmember Peggy Olson died, she was selected on the first ballot. She did not understand why the council was not considering who the person selected would be representing; Kristiana Johnson was a very kind, independent, and thoughtful person, and a watchdog for budgets and planning and Dave Teitzel is the right person to fill her shoes. Candidate Votes Councilmember Ballot 34 Roger Pence 1 Chen Dave Teitzel 3 Tibbott, Buckshnis & Olson Maria Montalvo 1 Paine Natalie Seitz 1 L. Johnson Ballot 35 Maria Montalvo 2 Chen & L. Johnson Dave Teitzel 3 Tibbott, Buckshnis & Olson Natalie Seitz 1 Paine Ballot 36 Maria Montalvo 3 Chen, Paine & L. Johnson Dave Teitzel 3 Tibbott, Buckshnis & Olson Ballot 37 Maria Montalvo 3 Chen, Paine & L. Johnson Dave Teitzel 3 Tibbott, Buckshnis & Olson Ballot 38 Maria Montalvo 3 Chen, Paine & L. Johnson Dave Teitzel 3 Tibbott, Buckshnis &Olson The Council vote reached a deadlock. Mr. Passey requested councilmembers complete Nomination #6. Edmonds City Council Approved Minutes September 6, 2022 Page 14 Nomination 6 Candidate Councilmember Maria Montalvo L. Johnson & Paine Jenna Nand Tibbott Dave Teitzel Olson & Buckshnis Natalie Seitz Chen Candidate Votes Councilmember Ballot 39 Natalie Seitz 1 Chen Jenna Nand 2 Tibbott & Paine Dave Teitzel 2 Buckshnis & Olson Maria Montalvo 1 L. Johnson Ballot 40 Jenna Nand 1 Chen Dave Teitzel 3 Tibbott, Buckshnis & Olson Maria Montalvo 1 Paine Natalie Seitz 1 L. Johnson Ballot 41 Dave Teitzel 4 Chen, Tibbott, Buckshnis & Olson Maria Montalvo 3 Paine & L. Johnson Mr. Passey announced Dave Teitzel is appointed to vacant council seat #1. 5. ADMINISTRATION OF OATH OF OFFICE FOR COUNCIL POSITION #1 Mayor Nelson swore in Dave Teitzel to council position #1. Councilmember Teitzel took his seat on the dais at 9:00 p.m. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO REMOVE ORDINANCE REVISING CHAPTER 2.05 ECC; CITY ATTORNEY CODE UPDATE FROM THE AGENDA. MOTION CARIED UNANIMOUSLY. 10. MAYOR'S COMMENTS Mayor Nelson congratulated Councilmember Teitzel on his appointment to the council. He announced an event hosted by the Multicultural Association of Edmonds on Friday, September 9th at the Edmonds Waterfront Center to raise money for the 2023 Lunar New Year Edmonds Celebration. More information is available at maedmonds.org. Mayor Nelson announced the fire department will have a 9/11 Memorial Ceremony on Sunday, September 11th at 9:11 a.m. at Station 17 in downtown Edmonds. 11. COUNCIL COMMENTS Councilmember Teitzel thanked the council for their confidence and said he looked forward to working with the council again and saw great things ahead for the City. He expressed his appreciation and respect for the other 16 applicants; the City is fortunate to have qualified, well engaged citizens who are willing Edmonds City Council Approved Minutes September 6, 2022 Page 15 to serve. There are five positions open for election in 2023 and he encouraged each of the well-qualified applicants to consider pursuing those positions. He urged the applicants to stay in touch with him as he wanted to hear from them, noting he had a good conversation with Natalie Seitz this evening about what is needed on the east side of Highway 99. Councilmember Teitzel recognized Kristiana Johnson, a great councilmember for over a decade who cared about the City, grew up in Edmonds and he often heard her say she loved Edmonds. He shared that sentiment, having lived in Edmonds for decades and also loves Edmonds and wants nothing but the best for the City and its citizens and that can be accomplished by working together. He thanked the council for selecting him and urged the community to pay their respects and keep the legacy of the late Councilmember K. Johnson alive. Councilmember Chen commented he thought council decisions would get easier and easier but that does not seem to be happening. He thanked all 17 applicants for the council vacancy, relaying his tremendous respect for each one and recognizing they all have the community at heart. He thanked Councilmember Teitzel for getting out of the council business and his willingness to step up again. During this process, he was hoping for a new member of the community to share this responsibility. He encouraged the applicants to continue to be engage and to remember the One Edmonds concept; all the neighborhoods in Edmond deserve attention from City government. Councilmember Chen recognized the traditional Autumn Moon Festival and the Hispanic Heritage Festival, commenting the numerous heritages make this country a great nation. He advised of the Korean Moon Festival celebrated on Thursday night. Councilmember Buckshnis encouraged the applicants to call her about running a campaign for one of the five council seat that will be open next year; she has done three general elections and two primaries so she is well aware of what needs to be done. She appreciated all the work the applicants put in and their thoughtful applications. She recalled the selection of former Councilmember Mesaros took 59 ballots and Councilmember Teitzel only took 41. She was trying to honor her friend which is why stuck with one candidate although all the applicants were very good. Kristiana Johnson’s family contacted her to recommend the selection of Dave Teitzel to fill Kristiana’s seat and she wanted to be fair to her family and her legacy. Councilmember Buckshnis announced the Korean Harvest Moon Festival hosted by the Korean American Historical Society, the Seattle Washington Korean Association and the Korean Consulate Office in partnership with the Edmonds Waterfront Center on Thursday, September 8th from 6:30 to 9 p.m. in the Waterfront Center banquet room. It is free to the community, no RSVP is required and the event will include food tasting, costumes, and stories of Korean history. Council President Olson commented literally nothing has been easy for the last 2½ years which includes the process of selecting a new councilmember. She acknowledged she was stubbornly holding out for what was easiest and best going forward for both for the council and for Edmonds and thanked Councilmember Teitzel for putting his hat in the ring. The council is facing an intense budget season and a year ahead so having someone so capable, reasonable, and thoughtful in his process will be a gift for all involved, including community. Council President Olson explained before Kristiana Johnson’s unfortunate passing, she had been in conversation with the city attorney and the city clerk about the use of ranked choice voting for this process. However, Edmonds citizens do not like changing more than one thing at a time and she recognized it wasn’t the right time to discuss a different approach while the council was filling a vacancy on the council. She is interested in the council considering a different approach and that is one approach Edmonds City Council Approved Minutes September 6, 2022 Page 16 that the city attorney, the city clerk and she have discussed that they think would be a good solution going forward. That will be discussed by the council and the community, possibly at a retreat or at a council meeting if time allows. Councilmember Tibbott thanked all the applicants. In addition to considering running for office, he encouraged them to look for opportunities to serve the City on one of the boards or commissions or other volunteer opportunities as they give insight into how the City runs, deliberations, collaboration, how to read a City packet and how to come to meetings prepared. He concurred with other councilmembers regarding the appointment of Dave Teitzel and looked forward to working with him. Councilmember Tibbott reported on the Snohomish Health District retreat that included six councilmembers from neighboring cities. It was a historic meeting as it was the last meeting of the health district before it becomes a department of Snohomish County. There were a lot of new staff present and it was an opportunity to inform board members and new staff members including the new health officer for Snohomish County of the health district’s work and activities. He relayed the health district is basically the rapid response team for Snohomish County. First responders get a lot of recognition; a rapid response team prepares in advance to respond to crises. One of way they do that is by gathering data such as the data presented tonight regarding suicides in Snohomish County. The health district gathers a myriad facts and figures in order to gather resources, be prepared to respond, and to respond very rapidly as they did to COVID. The health district and soon to be health department deserve a lot more credit than they get because they are the rapid response team addressing health concerns and in some cases, very dire health needs for Snohomish County. Councilmember Tibbott displayed a Narcan kit he received and was trained to use at the health district retreat that he stores in his briefcase, relaying his understanding that Councilmember L. Johnson also has a Narcan kit. He advised a notebook containing the presentation from the health district’s retreat is available in the council office. Councilmember Paine thanked all the applicants, recognizing they have gone through a lot tonight as well as preparing for interviews. This process has been used repeatedly and she was not sure it can be improved upon. She welcomed new Councilmember Teitzel. She expressed appreciation to the health district for talking about the importance of early intervention regarding suicide. Every loss is a loss to the community, family, school and friends. Councilmember L. Johnson welcomed Councilmember Teitzel. She thanked all the candidates, recognizing it was not an easy process. The process she followed to join the council was different but she was not sure which one she would pick as they were both nerve racking. Tomorrow is the first day of school for Edmonds School District students and she hoped everyone had had a wonderful summer. To everyone in an vehicle, she reminded them to be the lookout for students as pedestrians have the right-of- way. Councilmember L. Johnson said she has had the same Narcan kit training and has actually done it. For those fortunate enough to have health insurance, the kits are available at pharmacies without a prescription. She sent Narcan kits to college with each of her daughters, not because she was particularly concerned about them, but so they could use it for anyone in need. 12. EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(I) At 9:17 p.m., the council convened in executive session for 60 minutes to discuss pending or potential litigation per RCW 42.30.110(1)(i). The executive session concluded at 10:16 p.m. Edmonds City Council Approved Minutes September 6, 2022 Page 17 13. RECONVENE IN OPEN SESSION At 10:16 p.m., the council reconvened in open session. 13. ADJOURN With no further business, the council meeting was adjourned at 10:16 p.m.