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Cmd102020EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING APPROVED MINUTES October 20, 2020 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Adrienne Fraley-Monillas, Council President Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Laura Johnson, Councilmember ALSO PRESENT Brook Roberts, Student Representative CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Angie Feser, Parks, Rec. & Cultural Serv. Dir. Kernen Lien, Environmental Programs Mgr. Dave Turley, Acting Finance Director Frances Chapin, Arts & Culture Program Mgr. Brian Tuley, Information Services Manager Leif Bjorback, Building Official Jeff Taraday, City Attorney Scott Passey, City Clerk The Edmonds City Council virtual online meeting was called to order at 7:00 p.m. by Mayor Nelson. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Council President Fraley-Monillas 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, participating remotely. Mayor Nelson introduced City Council Student Representative Brook Roberts. 4. APPROVAL OF AGENDA COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO MOVE ACTION ITEMS 9.1 AND 9.3 TO STUDY ITEMS. Edmonds City Council Approved Minutes October 20, 2020 Page 1 Council President Fraley-Monillas asked why Councilmember K. Johnson wanted to move those items. Councilmember K. Johnson recalled the Council had a committee of the whole last week with an opportunity to discuss these two items but they were not on the agenda. The Council has not discussed these items previously and as a general rule, the Council does not take action on items it hasn't studied to provide the public an opportunity to weigh in. Council President Fraley-Monillas asked staff to comment on Item 9.1. Public Works Director Phil Williams said Item 9.1 was supposed to be on last week's Consent Agenda. The budget for the contract is included in the approved budget for the Carbon Recovery project. This consultant will provide all the SCADA programming for integrating the new Carbon Recovery system into the City's existing SCADA system. He was okay with moving it to next week's Consent Agenda if the Counci l wished. Council President Fraley-Monillas inquired about Item 9.3. Mayor Nelson advised the staff member for that item was not present. Council President Fraley-Monillas was okay with moving that to a Study Item. Councilmember Olson said according to the packet, Item 9.3 is formalizing the authority for the Acting Finance Director rather than waiting until a permanent Finance Director is narned. AMENDMENT CARRIED (6-1), COUNCILMEMBER PAINE VOTING NO. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY-MONILLAS, TO ADD A NEW ACTION ITEM 9.2, TO SET DATE FOR CONSIDERATION ON PLANNING BOARD RECOMMENDATION TO APPROVE A COMPREHENSIVE PLAN MAP DESIGNATION CHANGE FOR TWO UNDEVELOPED PARCELS IN THE PERRINVILLE AREA FROM "NEIGHBORHOOD COMMERCIAL" TO "MULTI -FAMILY RESIDENTIAL -MEDIUM DENSITY." Councilmember Buckshnis asked if the motion needed to state that this was pulling that item off the table. City Attorney Jeff Taraday said it does not really matter; the intent of the motion is clear, to set a date to consider the item that was tabled. Councilmember Olson reminded the Comprehensive Plan amendment was for 2020; it is the Council's responsibility and job to move this forward as an action item again. AMENDMENT CARRIED (6-1), COUNCILMEMBER K. JOHNSON VOTING NO. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 5. PRESENTATIONS 1. PROCLAMATION FOR NATIONAL ARTS AND HUMANITIES MONTH Mayor Nelson read a proclamation proclaiming October as National Arts and Humanities Month in Edmonds and calling upon community members to celebrate, support and promote the arts and culture in our nation and in our community, focusing on equitable access to the arts and encouraging individuals, organizations and our diverse communities to participate in the arts. Arts & Culture Program Manager Frances Chapin thanked Mayor Nelson, the Council and the community for their support of the arts. This is a critical time to continue supporting the arts. Edmonds City Council Approved Minutes October 20, 2020 Page 2 2. STUDENTS SAVING SALMON YEARLY COUNCIL REPORT 2020 Joe Scordino thanked the Council and the Mayor for allowing the students to make presentation, noting it was postponed from July to this meeting. He highlighted a typo in the background information in the packet that states the City gave the Students Saving Salmon $12.5M. The Students Saving Salmon received the Snohomish County Conservation District's Youth Conservation Leader Award. Students Saving Salmon Member Ava Wilson explained Students Saving Salmon is a high school club formed in 2015 at Edmonds-Woodway High School. Since then the club has grown from 10 members to more than 70 this past school year and Meadowdale High School Students have joined them in their efforts to save the salmon and have helped tremendously in further data collection in the Perrinville and Lunds Gulch watersheds. Their purpose as a club is in the long term to bring coho and chum salmon populations back into Edmonds streams through field studies and observations, releasing juvenile salmon, habitat restoration and outreach. They are working to inform the community about what's happening concerning salmon and how they can help develop and maintain healthy habitat for them and the people of Edmonds. Ms. Wilson said she graduated from Edmonds-Woodway High School in June. She was active in the club from her freshman to senior year, serving as secretary for two years and president for her last year. She joined the club initially because she wanted to directly improve the local environment. She chose to stay in the club all four years of high school because there was always more to learn and more to teach the Edmonds community. Students Saving Salmon Member Boray Koung, a senior at Meadowdale High School, attending Edmonds College this fall, relayed he has been a member of Students Saving Salmon for one year and joined out of curiosity about the local environment and personally as a way to explore a subject that interested him. He reviewed: • What we do o Monthly water monitoring in local waterways ■ Willow Creek • Shellabarger Creek • Shell Creek • Perrinville Creek ■ Lunds Gulch Creek • Edmonds Marsh o Sample for pollutants • Enables comparison of conditions over time and through weather events o Salmon Stewardship • Hatchery work ■ Hatchboxes ■ Salmon surveys o Habitat restoration o Adaptation to the Coronavirus It Limited ability to participate in field activities and outreach events o Photographs: hatchery chum fry, hatchbox installation, salmon sighting during survey o Public outreach ■ Community involvement • Storm drain placards Edmonds City Council Approved Minutes October 20, 2020 Page 3 Students Saving Salmon Member Emma Gibson, a senior at Edmonds-Woodway High School and the treasurer of Students Saving Salmon, explained she joined because she thought it would be cool to help the environment and work in the community. She described the results of monthly water quality monitoring over the -past -five -years: • Steam monitoring o Use of professional monitoring devices provides high quality and scientific measurement of the water, the same devices used by Washington State Department of Ecology so data is directly comparable o Along with documenting water quality parameters, also document the physical and habitat conditions After data is collected, they compare results to Washington State Water Quality Standards and determine if water meets or exceeds state and federal water quality o Have over 92,000 data cells in their data base for five streams in Edmonds and Edmonds Marsh Steam monitoring results o Graph of water temperature in creeks and Edmonds Marsh ■ Water temperature is a crucial factor for salmon and aquatic life. High temperatures can kill cold water species such as salmon ■ Monthly monitoring indicates temperatures in the creeks are good for salmon spawning ■ Graph illustrates data collected shows the creeks are generally below maximum water temperature of 63.5°F year round. ■ Edmonds Marsh exceeds the maximum water temperature every summer. o Graph of dissolved oxygen in creeks and Edmonds Marsh ■ Adequate dissolved oxygen is vital for survival of aquatic life ■ Graph illustrates lower portions of creeks where salmon spawn in winter months have dissolve oxygen levels well above the minimum requirement of 8.0 mg/liter. ■ Graph illustrates main body of Edmonds Marsh has dissolved oxygen levels above 6.5 mg/liter standard for salmon migration and rearing ■ Graph illustrates dissolved oxygen levels on edges of Edmonds Marsh are below standard for most months ■ Graph illustrates northern and eastern edge of Marsh average about 2.5 mg/liter which is below the 2.0 mg/liter which is lethal to most aquatic organisms • pH in creeks and Edmonds Marsh o Graph illustrates pH levels to be within state requirement of 6.5-8.5 o Graph illustrates water exiting the Marsh was also within state requirements with exception of one sample o Graph illustrates northern edge along Harbor Square had most acidic water sampled, although most days it is above the 6.5 pH minimum requirement. ■ Good news because when water is more acidic, some toxins become lethal for aquatic organisms Water samples analyzed at professional laboratory for pollutants such as petroleum compounds and heavy metals o Collected over 190 water samples o Results found northern edge of Marsh along Harbor Square and eastern edge along Hwy 104 had the greatest amount of pollutants that exceeded state water criteria for human health Students Saving Salmon Member Matthew Jack, a senior and president of Students Saving Salmon, explained he joined Students Saving Salmon in the summer of 9"' grade. Although skittish about joining clubs, the idea of being part of salmon conservation and doing something that directly helps the community and making new friends won him over. He reviewed Students Saving Salmon hatchery assistance: Edmonds City Council Approved Minutes October 20, 2020 Page 4 • Willow Creek Hatchery o Hatchery built and originally maintained a group of fisherman interested in conservation o Hatchery transferred to Sound Salmon Solutions o Students Saving Salmon members assist with raising 80,000 coho salmon fry each year ■ Disinfect eggs received from Washington Department of Fish and Wildlife Issaquah Hatchery and put in hatchery's incubators ■ After eggs hatch and alevin have consumed their yolk sac, salmon fry moved to hatchery runway to prepare for open water life and feeding ■ Help with daily feeding of salmon fry in hatchery for about 3 months ■ Assist with releasing about 2,000 salmon fry into Shell Creek where club has led efforts to reintroduce coho salmon into habitat that is otherwise blocked by manmade obstacles such as waterfalls and impassible culverts - Appreciate support from City that allows them to release juvenile salmon in Yost Park and from private property owners along Sprague Street who celebrate releases each year - Goal is to reintroduce coho salmon into all Edmonds creeks with suitable habitat • Lunds Gulch Hatchery o Started over 25 years ago as a Meadowdale Middle School project 0 10,000 chum eggs received from Squamish Tribe's Grovers Creek Hatchery are raised until fry o Released into lower Lunds Gulch Creek in Meadowdale Park o May see juvenile salmon released three years ago returning this month as adult spawners in the lower portions of Shell Creek Students Saving Salmon Member Ainsley Powell, a senior at Edmonds-Woodway High School this year and the secretary for Students Saving Salmon, explained she joined the club the summer after her freshman year because she has always been interested in the environment and the club connects her to equally passionate classmates and the community. She reviewed: • Salmon Surveys o Surveys determine salmon frequency and species distribution in streams o Data collected can be used to determine trends in the populations and factors that affect those trends o Recommendations for restoring salmon and salmon habitat are based on that data o In October 2019, there were over 50 sightings of adult coho salmon in Shell Creek (sightings may have been duplicate, actual number is likely 15-25) ■ Big change from prior two years when Shell Creek residents upstream of Casper's Street reported few to no coho salmon ■ Difference is the result of work Students Saving Salmon along with adult volunteers to clear a culvert blocking fish passage. Successfully removed root that had grown into the culvert (photograph of before and after) ■ Large log also blocked beach entrance to Shell Creek in 2019 - Adult volunteers chopped a chunk out in early October that allowed adult coho salmon to get through. - Unfortunately, large log sections pushed back together by tides before chum salmon showed up in the fall - To get through, chum salmon had to swim on their sides under the log in less than three inches of water. Only five chum salmon sightings in Shell Creek - Zero sightings of live chum in Lunds Gulch in comparison to about 10-20 in past years o This past year, Students Saving Salmon began recording salmon carcasses seen in creeks ■ Remove tail of carcasses to ensure they are not double -counted Edmonds City Council Approved Minutes October 20, 2020 Page 5 ■ Confirmed at least six spawning adult chum in Lunds Gulch last season Students Saving Salmon Member Cindy Tran, a senior at Edmonds-Woodway High School, explained she joined the club at the start of her sophomore year because she had always been- interested in environmental science and Students Saving Salmon gave her the opportunity to explore hands-on experience that actively contributes to the community and environment. She reviewed: • Stream Habitat Restoration o Community engagement Partnered with Sound Salmon Solutions and the Tree Board to learn about effective ways to restore stream habitat with native plants ■ With help of Tree Board members and grant funds from Sound Salmon Solutions, Students Saving Salmon began planting native shrubs on Shell Creek on private property in spring 2017 ■ Since then, conducted two community restoration events with Tree Board, Councilmembers and Holy Rosary Church members to plant over 250 native plants — Most of native plants planted during first event eaten by mountain beavers ■ Second planting event funded by local Olympic Fly Fishers Club included cages around many but not all plants. — To counter problem, used predator odors to repel mountain beavers from new planting area. — Coyote urine purchased from Home Depot was placed in each burrow several times between rain events and burrows covered with soil with help of Bob Mooney from Holy Rosary Church. — Successful — have not seen any new mountain beaver burrows or any chewed plants o Continuing work to restore stream banks with vegetation each fall, but switched to no cost approach of planting willow and dogwood Students Saving Salmon Member Alyssa Barnett, senior and vice president, explained she joined the club freshman year and has been impressed and proud of the professional work their amazing team do in the environment and community. She reviewed: ■ Hatchboxes o One of most innovative techniques on the coast o Students Saving Salmon has been spearheading project for two years o Hatchboxes are instream incubators for eggs that replicate salmon's natural spawning cycle ■ Holes in each chamber allow water to pass through while being small enough to prevent eggs or alevin from escaping until they hatch and consume their yolk sac ■ A large number of students gathered at Willow Creek Hatchery this season to assist in inserting eggs into each chamber and putting them into crates ■ Students also assisted in installing hatchboxes in the creeks ■ Selecting a location for hatchboxes considers sediment flows to prevent sediment from burying the eggs ■ Proved very difficult this year due to two storm events ■ In March once eggs are hatched and fry have swum out, hatchboxes were removed and examined. Students opened each chamber and recorded the egress rates as well as sediment inside chambers. Success defined on egress rates which tells how many eggs hatched and swam out of the hatchboxes ■ In 2019, 89% successful egress rate. 2020 success rate was only 75% due to the two storm events that necessitated moving every hatchbox to get them out of sediment ■ About 4,000 chum eggs and 5,000 coho eggs were installed into creeks in 2020 ■ 4 hatchboxes in Lunds Gulch Creek, 5 in Shell Creek and 1 in Willow Creek Edmonds City Council Approved Minutes October 20, 2020 Page 6 ■ Firsts big rainstorm in mid -December affected all coho hatchboxes by silting over or burying hatchboxes in sediment which had to be reinstalled. ■ Second rainstorm in early February affected all Lunds Gulch hatchboxes again. Course of Lunds Gulch shifted and flooding buried coho eggs while sweeping another about 100 yards downstream into a log jam. These hatchboxes were dug out and reset into a new channel. • The Lunds Gulch hatchboxes had an average egress rate of 76% ■ Lower Shell Creek chum hatchboxes had a 97% egress rate • Plan to have 5,000 chum and 5,000 coho eggs in hatchboxes in the coming season in Shell and Willow Creeks ■ Use what learned in previous season to continue to improve egg hatching and fry survival Ms. Wilson reviewed the Students Saving Salmon's recommendations: • Maintain community effort to keep healthy streams • Continue efforts to persuade property owners to remove waterfall 0 5-foot tall manmade waterfall on private property blocking salmon passage in Shell Creek o Thank Council for past attempts to communicate with the property owner on Carol Way and hope someday he will be willing to allow Students Saving Salmon to obtain grant funds to replace the waterfall with steps so coho salmon can once again migrate upstream • Begin addressing bluff erosion in Yost Park and Shell Creek sediment • Resolve erosion and sediment buildup in Perrinville Creek • Edmonds Marsh o Develop and implement an effective plan to restore the Marsh o Keep tidegate open year-round to reestablish tidal wetland o Remove fences along Highway 104 to allow circulation o Reduce pollutants from Harbor Square and Highway 104 • Polluted stormwater from Harbor Square drains into Marsh ■ Unhealthy for water and species in the ecosystem • Request City re -pipe system to the new Dayton Street pump ■ Polluted runoff from ferry holding lanes on Highway 104 needs to be addressed by WSDOT o Improve native vegetation, plant trees, and remove invasives ■ Fences in the March on both sides of Highway 104 are overgrown with invasive species and block essential freshwater circulation within and between the Shellabarger and Edmonds Marsh ■ Recommend City work with WSDOT to have fences removed as soon as possible to improve essential water flow o Support community efforts such as Students Saving Salmon Ms. Wilson relayed Students Saving Salmon's thanks to the following for their continued support of club activities: ■ City Council — funding for field supplies and to keep water meters operating smoothly • Edmonds-Woodway High School Parent Staff Organization — funds to purchase a new electronic meter • Hubbard Foundation — funds to purchase a new electronic meter • Puget Sound Anglers — purchasing boots for work in rainy weather and along creeks • Olympic Fly Fishers — funding to purchase hatchboxes and for restoration projects • Sounds Salmon Solutions — continuing to work with Students Saving Salmon on hatchery operations • Shell Creek residents — allowing students on their property and working with the students to improve the creek habitat in their backyards Edmonds City Council Approved Minutes October 20, 2020 Page 7 • Edmonds Community — recognizing Students Saving Salmon's efforts and taking the time to learn about projects and how they can help Councilmember Buckshnis said bravo for their report and -the -work they -are doing. She hoped the 2021 budget included funds for Students Saving Salmon. She asked about the number of students involved in Students Saving Salmon. Mr. Scordino answered the number of students is down to 50 as 20 students graduated. Councilmember Buckshnis commented on the remarkable work the students do. She looked forward to the students partnering with the Tree Board again. She thanked Mr. Scordino for everything he does. Councilmember K. Johnson thanked Mr. Scordino and the students for their hard work. She expressed interest in the students' recommendations and requested they provide the Council a copy of their PowerPoint. 6. AUDIENCE COMMENTS Mayor Nelson advised this week staff was experimenting with closed captions. Information is provided on the City Council webpage regarding how to activate the closed caption feature. He was hopeful all Zoom meetings would have close captioning. Mayor Nelson invited participants and described the procedures for audience comments. There were no audience comments. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) 6. APPROVAL OF THE CONSENT AGENDA ITEMS COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA INCLUDING THE CORRECTION TO THE MINUTES CONTAINED IN THE CITY CLERK'S MEMO. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF SPECIAL COUNCIL MEETING MINUTES OF OCTOBER 13, 2020 2. APPROVAL OF COUNCIL MEETING MINUTES OF OCTOBER 13, 2020 3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT 4. AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH BLUELINE FOR THE CITYWIDE BICYCLE IMPROVEMENTS PROJECT 5. TRAFFIC IMPACT FEE ANNUAL REPORT 6. AUTHORIZATION FOR MAYOR TO SIGN A PUD EASEMENT FOR THE DAYTON STREET STORMWATER PUMP STATION PROJECT 7. AUTHORIZATION FOR MAYOR TO SIGN AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH LAKE BALLINGER/MCALEER CREEK WATERSHED FORUM 8. CARBON RECOVERY PROJECT BOND AUTHORIZATION 8. PUBLIC HEARING Edmonds City Council Approved Minutes October 20, 2020 Page 8 1. FLOOD DAMAGE PREVENTION ORDINANCE PUBLIC HEARING Environmental Program Manager Kernen Lien • National Flood Insurance Program (NFIP) & Flood Insurance Rate Map (FIRM) o The National Flood Insurance Program (NFIP) is a voluntary Federal program that enables property owners in participating communities to purchase insurance protection against losses from flooding. o FIRM establishes flood hazard area o New FIRM maps became effective June 19, 2020 o City was required to update its flood regulations by June 19thto remain in the NFIP ■ Interim Flood Damage Prevention Ordinance No. 4188 o City adopted Interim Ordinance on June 2nd o New Chapter 19.07 ECDC ■ Consolidates existing building code regulations in a single chapter - ECDC 19.00.025 International Building Code - ECDC 19.05.020 International Residential Code ■ Incorporates elements of the Flood Damage Prevention Model Ordinance that are applicable to the City of Edmonds ■ Chapter 23.70 ECDC • Update ECDC 23.70.010 to reference the updated FEMA FIRM maps • Proposed Flood Damage Prevention Ordinance o Primarily a Building Code Amendment ■ Establishes construction standards for development within floodplains ■ Standards intended to prevent damage to structures should a flood occur o Does not change allowable land uses, zoning, critical areas or other development regulations r Any development within floodplains must still comply with existing zoning and development regulations • No policy changes related to floodplain development • Chapter 19.07 ECDC o Questions from Council about Flood Damage Prevention Model Ordinance ■ Staff reviewed most recent model ordinance • Chapter 19.07 ECDC reflects changes from interim ordinance - 19.07.020 Additional Definitions - 19.07.025 Administration - 19.07.030/.040 Reconstruction - 19.07.065 Changes to Special Flood Hazard Areas - 19.07.095 General Requirements for Other Development - 19.07.110 Variance Recommendation o Planning Board held a public hearing on September 9, 2020 and recommended the City Council adopt the new Flood Damage Prevention Chapter 19.07 ECDC and updated Section ECDC 23.70.010 o Staff recommends the Council move adoption of the flood damage prevention ordinance to a future Consent Agenda Mayor Nelson opened the public participation portion of the public hearing. There was no one present in the Zoom meeting who wished to provide testimony. Mayor Nelson closed the public hearing. Edmonds City Council Approved Minutes October 20, 2020 Page 9 Councilmember Buckshnis said she forwarded questions she received so would only ask some of them. She asked why the floodplain for Shell Creek was changed from the entire creek to only the mouth and where the floodplain is on Perrinville Creek. Mr. Lien displayed the 1999 Firm map and the 2020 FIRM map -and identified-Caspers-Road-and-Shell-Creek. The 1999-FIRM-map did -not -have a base elevation of the 100 year flood level so it extended from Caspers to the mouth. With the update, the floodplain was redrawn to only the wetland complex at the mouth. There was an extensive modeling program done to develop the 2020 FIRM maps. A new technology that provided a broader analysis of the floodplain as well as digital elevation models were used to establish the new flood maps which is a big reason for the change in the floodplain. With regard to Perrinville Creek, Mr. Lien displayed the floodplain map and identified Shell Creek and Perrinville Creek, identifying wetlands at the mouth of Perrinville Creek that were established as the floodplain. He noted that area was also identified as a floodplain on the old maps. COuncilmember Buckshnis observed it had always been part of floodplain. Mr. Lien agreed it showed a floodplain but did not have a base flood elevation established. Councilmember Buckshnis asked since the floodplain for those two creeks has been made smaller, what happens if it floods in the old floodplain area, whether they or the City would have insurance. Mr. Lien answered if a property is in an identified floodplain as shown on the FIRM map, their mortgage company will require flood insurance. Adopting these regulations consistent with FEMA, that flood insurance is available at probably a reduced rate versus if the City did not participate in the program. If a property is outside the floodplain, they may not be required to get flood insurance, and it is a personal choice whether to get flood insurance if they are located in a flood prone area but not in a floodplain as identified by FEMA. Councilmember Buckshnis commented there was a tremendous amount of change in the building code such as establishment of development permits. She asked if those changes take effect in December or was the Council considering them in December. Building Official Leif Bjorback responded the building codes already have construction regulations in place. As a normal course of code cycles, on February I", the family of building codes will be adopted by the state and will take effect provided the City updates its ordinance. The substance of construction is not really changing with the Flood Prevention Ordinance update. The biggest change is reorganizing the ordinance so it reads better, is more consolidated and incorporates a number of elements found in the recommended model code from the state. Councilmember Buckshnis said from her reading it looks like a tremendous amount of change to 19.07.025 and on. Mr. Bjorback said the changes are primarily organization of the floodplain ordinance; the construction standards do not substantially change. Councilmember Paine asked how often the FIRM maps are updated. Mr. Lien answered the previous FIRM map was 1999 so it has been 20 years since the last update. The previous update was in the 70s so the maps are updated approximately every 20 years. Councilmember Paine asked how climate change and sea level rise that was localized would be accommodated in the mapping. Mr. Lien answered it would probably be included in the next update. To his understanding, this map update did not necessarily consider climate change. Councilmember Paine said she expected some inundation in coastal areas and said it will be up to the governing agencies that do the FIRM mapping. Councilmember Olson pointed out there were several things asterisked in the model that as a minimum needed to be included and the rest were optional. Three of the asterisked items were not included in Edmonds' ordinance: the area of shallow flooding, floodway, and recreational vehicle. She recalled there was discussion about why they were not included but wanted to ensure that was 100% accurate when the asterisks said those items had to be included. Mr. Lien answered the City of Edmonds does not contain all Edmonds City Council Approved Minutes October 20, 2020 Page 10 flood hazard types. For example, floodways is a specific type of hazard that has flowing water during flood events. In reviewing the model flood ordinance, the portions that were appliable to the City of Edmonds were selected. David Radabaugh, the State's NFIP coordinator, has reviewed the draft code and stated it complies with the FEMA regulations. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO MOVE THE PROPOSED FLOOD DAMAGE PREVENTION ORDINANCE TO THE CONSENT AGENDA FOR THE NEXT MEETING. MOTION CARRIED 6-0-1, COUNCILMEMBER K. JOHNSON ABSTAINED. 9. ACTION ITEMS 1. BUDGET AMENDMENT: CARES & STREET FUND Finance Director Dave Turley reviewed the proposed budget amendments. On August 31, 2020, the state announced it would be distributing a second round of CARES fund; Edmonds' allocation was $632,500. How to expend those funds was discussed by Council in September and on October 6"', Council approved an ordinance describing how the funds would be spent. This amendment adds that amount to the 2020 budget, providing authority to spend the funds. The second amendment is related to authorizing spending on the Citywide Bicycle Improvements project which was also previously discussed and approved by Council. He recommended Council approve the ordinance or move it to next week's Consent Agenda. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY-MONILLAS, TO APPROVE AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 4191 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. MOTION CARRIED UNANIMOUSLY. 2. TO SET DATE FOR CONSIDERATION ON PLANNING BOARD RECOMMENDATION TO APPROVE A COMPREI-IENSIVE PLAN MAP DESIGNATION CHANGE FOR TWO UNDEVELOPED PARCELS IN THE PERRINVILLE AREA FROM "NEIGHBORHOOD COMMERCIAL" TO "MULTI -FAMILY RESIDENTIAL -MEDIUM DENSITY." Councilmember Distelhorst recalled a few weeks ago the Council discussed and tabled this item. According to the extended agenda, the package of 2020 Comprehensive Plan amendments are scheduled to come to Council on November 17"'. November 10"' is a committee night so he was hopeful November 2" d could be set for Council to complete their discussion and take action before considering the overall Comprehensive Plan amendments. Observing this was a public hearing and was tabled, Councilmember Buckshnis asked if it would come back as a public hearing and if so, would the City Clerk need to provide notice. City Attorney Jeff Taraday said his understanding was the Council had closed public hearing and was deliberating the matter when it was tabled. If that was the case, there would not be an additional public hearing unless the Council specifically took action to call for an additional public hearing. At this stage, he was uncertain there would be enough time to properly notice a public hearing if the date for consideration was November 2nd. Councilmember Buckshnis said she could not recall if the hearing was closed and would need to check the minutes. Council President Fraley-Monillas said her research found the public hearing was closed. Edmonds City Council Approved Minutes October 20, 2020 Page 11 Councilmember Distelhorst said he was looking for Council feedback. If the Council is amenable, he will make a motion to set the date for November 2"1 Council-President-Fraley-Monillas said -that -item could -fit -on -the -November 2"d agenda. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO SCHEDULE THIS ITEM ON THE AGENDA ON NOVEMBER 2ND Councilmember K. Johnson recalled Councilmember Distelhorst mentioned committee meetings are on November 10"', but later on agenda is an item proposing to eliminating committee of the whole, therefore November l Ot" could also be considered. Councilmember Paine supported finding a date for this matter sometime before the Comprehensive Plan amendments come to Council as proposed on the extended agenda. Councilmember Buckshnis suggested November 10"' as there is already a special meeting on that date. She recalled the Council was still in discussion when this item was tabled. Some people did not think the applicant was not given sufficient time to describe the reason for the Comprehensive Plan change. Council President Fraley-Monillas reiterated from her research, she believed the public hearing had been closed. Mr. Taraday said he did not research it but that was his recollection. Council President Fraley-Monillas said November 2" d only has 50 minutes of items and November 10"' has a couple hours including budget review so November 2"d would be preferrable. She recalled Council wanted time to think about the proposed Comprehensive Plan amendment. Development Services Director Shane Hope said she was very sure that the public hearing was closed and then the Council wanted additional time to think about it before considering any further action. Councilmember Olson recalled the Council started the vote and it got abridged and unless the Council was in error at that time, the Council would have been done with the hearing. MOTION CARRIED UNANIMOUSLY. 10. STUDY ITEMS 1. PRESENTATION OF OPERATING DECISION PACKAGES FOR 2021 PROPOSED BUDGET Acting Finance Director Dave Turley explained the purpose of this item is to share with the Council and the public the operating decision packages included in the 2021 proposed budget. In the interest of time and efficient Council meetings, this is not designed to be a question and answer session but Councilmembers are welcome to contact him or any of the directors. The PowerPoint will be included in next week's Council packet. As this is likely Judge Coburn's last opportunity before Council, she may take additional time to share information about the municipal court. Mr. Turley reviewed: Human Resources • Funds for Diversity, Equity and Inclusion Initiative $50,000 (DP #1) o Increase training and awareness o Beginning of an ongoing Diversity, Equity and Inclusion initiative at the City o Establish a baseline of where we are at currently • AWC Workers' Comp Administration contract: $27,000 (DP #2) Edmonds City Council Approved Minutes October 20, 2020 Page 12 o Association of WA Cities (AWC) handles administration of Workers' Compensation claims o Contract approved by Council on February 25, 2020, but entered as a one-time budget item o This decision package is to make this budget item ongoing Establish an Operational Budget for the Safety & Disaster Coordinator position: $5,000 (DP #3) o The position of Safety & Disaster Coordinator was established in 2020 o Only salaries and benefits were budgeted o To be effective, the Coordinator needs a budget for things like supplies, small equipment, training, etc. City Attorney Contract Annual increase: $23,940 (DP #4) o DP reflects the 2021 increase to the contract with the City Attorney • Remove 2021 funding for approximately 25 vacant positions: Budget reduction of $895,428 (DP #6) and $118,270 (DP #7) o The Pandemic has had a significant impact to City revenues, requiring serious reductions to the 2021 budget o In order to present a sustainable 2021 budget proposal, a hiring freeze was implemented. DP removes those salaries and benefits for 2021 budget only o The status of these positions will be reviewed during the year; if City revenues perform sufficiently well, we will readdress the situation during the year and consider adding some of these positions back into the budget o DP #7 has the same reasoning and purpose as DP #6 but was broken out separately for clarity; budget for this position is allocated across several different funds. • Remove 2021 Funding for the Crime Prevention Cost Center: Reduction of $133,657 (DP #8) o This is similar to the freezing of positions presented on the previous slide o The position in the Crime Prevention cost center is currently vacant; this DP reduces the Salary and Benefits for this position as well as the related Uniform, Supplies, Small Equipment, etc. Non -Departmental • Adjustments to Non -Departmental expense: Net Budget Reduction of $25,000 (DP #9) o Several expenses that are not specific to one Fund are budgeted in a fund called "Non Departmental" o Expenses budgeted here change annually which requires updates to the budget o Included are the annual increase to the Public Defender contract $37,930, an increase of $100,000 to the estimated costs for prisoner care, a reduction of $150,000 to hydrant costs, a reduction of $25,000 (from $75K) to the Senior Center • Contribution to Edmonds Center for the Arts: $50,000 (DP #10) o Similar to the $50,000 contribution to the Waterfront Center - reduced from $75,000 last year + Transfer funds from Fund 016 to the General Fund: $210,222 (DP #11) and transfer funds from Fund 019 to the General Fund: $28,445 (DP #12) o Fund 016 (Building Maintenance Fund) was closed in 2017 but some residual cash was left in the fund at the end of the year o This action does not close these two funds o This moves remaining cash back into the General Fund to help the General Fund at a time when revenues are hurt due to COVID-19 Judge Linda Coburn reviewed: Municipal Court + Paperless project — carryforward: $23,120 (DP #5) o Court Improvement Funds ■ Elected Judge = contributions from the State for court improvements ■ Since 2006, City has received $185,578 (does not include distributions in 2020) + As of end of 2019, the court has spent $111,942 to improve the services of the court Edmonds City Council Approved Minutes October 20, 2020 Page 13 ■ Of the improvements, the biggest project has been our paperless endeavor ($70,821 approved in 2017, with $23,117 remaining and carrying over to 2021 if not completed by end of 2020). Edmonds -Municipal -Court provides -unique services o Early jury summons - allows jurors to plan ahead , allows for rescheduling while increasing the number of committed jurors who actually show up. Allows our juror folders to be automatically updated when jurors rescheduled or excused o Remote jury check in - allows jurors to check in via phone or text upon arrival, be screened for COVID like symptoms, update contact information, participate in "paced" entry into the courtroom o Online written infraction hearings - allows respondents to request hearings, upload supporting documents, and receive the court's order by email o Online petition for relief from legal financial obligations — the online form guides people through a series of questions, they can upload supporting documents, they receive the court's order by email o Online application for court appointed attorney - if granted, assigned attorney automatically receives notification of the referral and defendant's contact information o Digital Attorney Motion to Continue - submits directly to judge's inbox, allows court to change dates/times, automatically saves into defendant's digital file; if public defender case a copy will be automatically emailed public defender; if private attorney case, a copy will be automatically emailed to private attorney. o Electronic Filing - requires parties to file through an electronic filing portal on court's website, helps staff and court to prioritize urgent timely filings, allows staff to process and save multiple documents into correct defendant files o No Contact Order - allows prosecutor to submit requests for no contact orders, copies of final orders automatically emailed to prosecutor and domestic violence victim coordinator o Expired Warrants - allows prosecutor to submit digital motion that will be reviewed by the court, final copy automatically saved in defendant file and emailed to prosecutor. o Probation Reports - allows probation officer to submit reports to the court that will automatically be saved in defendant file, sent to defense attorney, prosecutor and notify prosecutor if violation police reports need to be requested prior to hearing o Fewer forms to prep - clerks can prep one digital form that can generate, if needed, judgment and sentence, commitment orders, case setting notices, orders for bench warrant o Probation Reports - allows probation officer to submit reports to the court that will automatically be saved in defendant file, sent to defense attorney, prosecutor and notify prosecutor if violation police reports need to be requested prior to hearing o Notification to Jail Records - when defendant is in custody, relevant court orders are automatically emailed to jail records. What's next? o Set up wireless printers at Snohomish County jail streamline in custody hearings o Public court files available online o Kiosk in court lobby o Upgraded online payment system that will provide payer information on current balances o Transitioning more administrative processes to paperless Judge Coburn said this is her last presentation as she is on the ballot and running unopposed so will be transitioning to the Court of Appeals in January. She thanked the Council and Mayor and said it has been a privilege to serve the City of Edmonds, her community as she lives in Edmonds. Mayor Nelson thanked Judge Coburn for her service to the City. Information Services Manager Brian Tuley reviewed: Edmonds City Council Approved Minutes October 20, 2020 Page 14 Information Services • Relocate network switch: $24,500 (DP #13) o Carry forward from 2019 o Relocates network switches to a dedicated switch closet Increase online storage costs: $14,400 (DP # 14) o Backup into cloud o More data, more systems, integrating more systems, pushing more into the cloud Annual software increases: $15,000 (DP #15) o Increase in our annual Microsoft "true -up" o Increase is driven by move to 0365 and increases in user counts Annual Equipment Replacement: $109,600 (DP # 16) 0 3 main servers 0 4 network switches 0 50 workstations Economic Development/Community Services Director Patrick Doherty reviewed: Economic ❑eyelopment/Communi.ty Services, • Public Information Officer/Communication Strategist: (DP #17) o Created as '/2 FTE in 2020 Budget o Initially created as "one time" as trial 0 2020 has proven valuable service o Proposal to convert to "on going" '/2 FTE position o Continued expenditure of $48,946$ • Diversity Commission Coordinator (DP #18) o Created as FTE in 2020 Budget o Initially created as "one time" as trial 0 2020 has proven valuable service o Proposal to convert to "on going"'/4 FTE position o Continued expenditure of $16,600 • Human Services Program Manager (DP #19) o Created as '/2 FTE in 2020 Budget o Initially created as "one time" as trial 0 2020 has proven valuable service ■ Connecting Edmonds to regional network ■ Assisting agencies in disbursement of Edmonds Cares Fund grants • Providing direct referral to service to people in need • Working with other agencies to provide service o Proposal to convert to "on going"'/2 FTE position o Continued expenditure of $48,946 • Decrease communications/supplies budget (DP #20) o $1,500 increase to accommodate 2 new '/2 FTE positions o $200 increase for increased mailing expenses o $5,000 decrease by incorporating events calendar in tourism website o Net decrease : $3,300 s Diversity Film Series Revenue & Expenditure (DP #21) o Authority to receive up to $1,000 in donations/sponsorsliips and expend $1,000 to produce fourth season Edmonds Diversity Film Series (started 10/19/20) o No net budgetary impact ■ Create Human Services Fund (DP #22) o Create Human Services Fund to provide for direct service to Edmonds individuals and households in need Edmonds City Council Approved Minutes October 20, 2020 Page 15 ■ Allows for support of new Social Worker position (or contracted services) ■ Allows for contracts with local/regional agencies to provide direct services, based on City's annual human services goals ■ Budgetary request: $500;000. Comprised -of $123,000 from Homelessness Response Fund, supplemented by $377,000 from General Fund. Grant funding will also be sought to supplement Social Media Support (DP #23) o Increase in social media platforms by City departments requires next level of social media archiving/backup services o From $3,600 to $6,600 per year o Increase of $3,000 per year Lodging Tax Expenditures (DP #25) o After major dip in revenue in 2020 (projected $70,000 in 2020 vs $126,666 in 2019), 2021 revenue projected to come back somewhat at $95,000 o Need to continue robust "rediscover Edmonds" nroinotion in 2021 Printina of Rack Card - $1,750 Website hosting/tech support - $2,400 Distribution of Rack Card - $2,500 General Advertising - $30,000 Prom otion/support of Bird Fest - $1,500 ECA Season Brochure Ad - $12,500 Visitor Center and Chamber Events - $4,000 CAM marketing - $8,000 Tourism Promotion services - $20,000 Arts Promotion/CRAZE - $4 000 o $87,150 in total projected expenditures o $14,400 dip into fund balance, leaving approx. $37,768 in fund balance Development Services Director Shane Hope reviewed: Development Services • Gap Analysis Phase for the 2024 Comprehensive Plan Update: $20,000 (DP #26) o Begin preparation for major Comprehensive Plan Update that is due in 2024 o This phase will provide consultant assistance to identify gaps, conflicts, and issues to consider o Key focus will be on emerging issues of: (1) Equity; and (2) Climate Change • Community Renewal Plan: $60,000 (DP #27) o Helps implement Highway 99 Subarea Plan o Consultant assistance to assist with Community Renewal Plan that will address parts of Highway 99 subarea that are experiencing high incidence of crime, vagrancy, vandalism, graffiti, code violations and complaints • PUD Green Power Program: $30,000 (DP #28) o PUD Green Power Program provides credit from Snohomish PUD for energy that comes from carbon neutral sources o This promotes reduction of greenhouse gases and identifies City's contribution for using energy from 100% renewable sources Parks, Recreation and Cultural Services Director Angie Feser reviewed: Parks Recreation and Cultural Services • Salmon Safe Program: $32,000 (DP #29) o Mayor's Conservation Advisory Committee Recommendation o Salmon Habitat and Watershed Certification Program o Contract estimated at $38,800 ($32,000 in 2021) • Waterfront Center Operating Expenses: $30,000 (DP #30) o We expect an increase in program fees revenue to $31,500, which more than offsets the $30,000 cost o Utility, site monitor, cleaning expenses Edmonds City Council Approved Minutes October 20, 2020 Page 16 • Fund 117 Arts Commission On -Time Grant Program: $55,000 (DP #31) o Focused on accessibility, equity and inclusion o Response to COVID impact on Arts Community o Recommendation developed and approved by the Arts Commission • Fund 123 LTAC Arts Commission Promo: $29,900 (DP #32) o Budgeted LTAC revenues for 2021 are $24,750 o Olympic Ballet Theater (not the school) o Sno King Chorale o DeMiero Jazz Festival o Edmonds Historical Museum • Fund 127 Gift Catalog: $49,680 (DP #33) o Budgeted Gifts Catalog donations for 2021 are $51,000 o Bench & Picnic Table Replacement o Additional Memorial Gifts • Fund 137 Long -Term Care Municipal Cemetery $25,000 (DP #34) o Replace 25-year old mower o Cemetery fund has balance of $1M and generates more than $25,000/year in interest Public Works & Utilities Director Phil Williams reviewed: Public Works & Utilities • Who and What is Public Works? no A Function 2021 Expense Budget Transportation $6 654,000 Water $10,578,596 Sewer $35 821,699 Stormwater $6,927,783 Facilities $2,141,803 Fleet $1,292,815 Engineering $2,778,432 Total $66,195,128 Capital Renewal — Facilities Annual: Maintenance DP #35 (GF) o $500,000 above basic (and now COVID-19 enhanced) custodial services and maintenance work, to pursue a large backlog of small and large capital renewal projects in 2021 • 2015 = $56,000 ■ 2016 = $100,000 ■ 2017 = $256,000 • 2018 = $490,000 • 2019 = $700,000 • 2020 = $1,500,000 ■ 2021 = $500,000 Our most recent Facilities Needs Assessment (McKinstry) shows an approximate backlog of $9,000,000 plus an ongoing approximately $825,000/year to be sustainable Anticipated Facilities IProiects for 2021 Meadowdale Club House- New Electrical Panels $50,000 Public Works - Archive stora a room organization upgrade $20,000 City Hall - Exterior Painting $50,000 FS20 - Exterior Painting $40,000 Public Works - Car etin Frances Anderson Center - Security card readers $25,000 $30,000 Public Works - Ext. Cameras $18,000 Edmonds City Council Approved Minutes October 20, 2020 Page 17 Frances Anderson Center - two sets exterior doors $25,000 FS20 - Fire Alarm $40,000 Yost Pool - Fire Alarm $25,000 Public Works --Roof re coating $40,000- Public Safe - Building controls update $50,000 Public Safe - Office flooring $80,000 Frances Anderson Center - Office flooring $60,000 Unanticipated Repair and Maintenance $100,000 Total $653,000 • Pedestrian Task Force: Operations & Maintenance DP 936 (GF) o $20,000 to work with the Pedestrian Task Force in developing initiatives in cooperation with the Edmonds School District and the Cascade Bicycle Club to educate both the general public and elementary school children about how to protect themselves as pedestrians. This continues our current program. • Community Trip Reduction — Incentives: Operations & Maintenance DP #37 (GF) o $36,000 continue commute trip reduction program for City staff 15 already access this program An ORCA pass is provided to employees, providing free access to Community Transit, Everett Transit, Kitsap Transit, Metro Transit, Pierce Transit, Sound Transit buses as well as Sound Transit Light Trail and Commuter Trains The ORCA pass also provides a free vanpool if a group with 5 or more riders are provided with a van fuel This pass should increase the number of employees using transit or vanpools as a commute option ■ Engineering Software Increases: Operating & Maintenance DP #38 (Utility Funds) o $11,500 for annual ongoing Engineering software maintenance fees, updates, and price increases. AutoCad , Bluebeam, Trackit , ARCGIS, modeling software, etc. • Interfund Services — Utilities: Operations & Maintenance DP #39 (Utility Funds) o Staff time to review the utility portion of Private development projects. Stormwater reviews are more complicated and are done by the City's Stormwater Engineer Water $8,950 Stormwater $54,350 Sewer $8,950 Total $72,250 • Sewer/Storm pipe rating with PACP Syst.: Operations & Maintenance DP #40 (Sewer/Storm Funds) o $80,000 to contract with a certified pipe rating contractor to rate and document the condition of our Sewer and Storm drainage pipes which will allow our staff to focus on collecting the digital videos of these pipes more quickly. Having a single person do these ratings will also improve data consistency. • Lake Ballinger Operating Fund: Operations & Maintenance DP #41 o $13,600 - Previous budgets have included a line item for "Lake Ballinger Associated Projects" which supported City membership in the Lake Ballinger Forum, costs to maintain the City's lake level monitoring system, and fund any capital projects sponsored by the Forum. The Forum is not pursuing any capital projects in 2021 • Stormwater Comprehensive Plan Update: Operations & Maintenance DP #42 (Storm) o $152,500 - Current Plan completed in 2010. Needs to be updated. Will take approx. 18 months beginning 3Td or 4"' Qtr. 2021. Total expense estimated at $450,000. Will develop a new CIP for Stormwater projects with a particular focus on piping • Wastewater Carbon Recovery Project: Operations & Maintenance DP #43 (Sewer) o $14,717,115 Spending authority in 2021 plus all remaining funds from 2020 to reach substantial completion in late 2021 for the Ecoremedy gasification system. The system will Edmonds City Council Approved Minutes October 20, 2020 Page 18 produce a marketable biochar end product. Funding to come from revenue bonds and reimbursements from our WWTP partners Wastewater Plant Operating Budget: Operations & Maintenance DP #44 (Sewer Fund) o $80,866 plus $80,866 coming from our Partner agencies. Total increase of $164,500. 9 separate deductions totaling $337,700 and 4 additions totaling $512,320. Biggest issues are an increase for temporary biosolids hauling costs during the period between demolition of incinerator and start-up of gasification system offset by lowered energy costs and other savings from not operating the incinerator for 6 9 months. 2021 Vehicle Replacements: Operations & Maintenance DP #45 (511 `B' Fund) o $262,000 - Five new vehicles ■ 285-POL 2016 Ford Patrol Explorer - Hybrid Explorer ■ 435-POL 2017 Ford Patrol Explorer - Hybrid Explorer ■ 796-POL 2008 Chevrolet Impala - Hybrid Escape ■ 131-WTP 2003 Chevrolet S 10 Pickup -Ford Ranger a 81-SWR 2002 Chevrolet 1/2 ton Pickup Ford - F 150 o Comparison to previous Years 2017 $622,000 2018 $636,000 2019 $1750,000 2020 $628,000 Remove B-Fund Replacement Costs for the General Fund: Maintenance DP #46 (GF) o ($362,570) Fleet will not seek reimbursement from departments in the general fund , but instead will use some of fund balance to cover those rates. This reduction in costs to the general fund is intended to help offset revenues lost due to COVID. o Graph of Total B Fund expenditures 2018-2030 ' Suggested Minimum Cash Balance Line: $2,050,000 Mayor Nelson declared a brief recess. 2. MOVING COUNCIL FROM THE COMMITTEE OF THE WHOLE TO INDIVIDUAL COMMITTEE MEETINGS Councilmember Paine said she has reached out to nearly all Councilmembers. This is an opportunity for the Council to consider shifting committee meetings. Options listed in the agenda packet include: a. Stagger committees to start at 4, 5, and 6 p,iu., not necessarily on a Tuesday b. Two committee meeting days — one from 5-6 p.m. and the other from 6-7 p.m. and the third committee meeting held on the next Tuesday followed by the regular Council meeting at 7 p.m. c. Committee meetings held three Tuesdays a month prior to the regular Council meeting Councilmember Paine explained the intent of the change was to free up the second Tuesday for regular Council business and provide another night for Council to work through the balance of the agenda items this year. She was hopeful this could be on the CouneiI agenda for a decision next week. Mayor Nelson advised Council questions would be taken in a round robin format, with each Councilmember asking one question during their turn. Councilmember L. Johnson asked if this had been proposed to staff to determine what worked best for them. Mayor Nelson said he was confident staff would accommodate it as best as they can to make it happen and virtual meetings make that easier. City Clerk Scott Passey said regular Council meetings are live streamed on the website and government access channel using the Council Chamber. Now that the public is allowed to virtually attend directly in the Zoom platform, the Council Chambers do not Edmonds City Council Approved Minutes October 20, 2020 Page 19 necessary need to be used. If meetings are held at an unusual time such as 4 or 5 p.m., that can be done; the meetings will not be live streamed but the public can attend directly in Zoom. Councilmember L. Johnson asked if the meetings would be recorded and the public could watch later. Mr. Passey agreed the meeti ngs-wou ld-be-recorded-and-1 ater-up 1 oad ed-to-the-web s ite. Councilmember Buckshnis said she did not have a problem with concept but had a problem with the timing and the fact that citizens have gotten used to how the Council does things. According to the extended agenda, there are only 30 minutes of items scheduled on November 10"' and 30 minutes on December 8"'. Citizens are confused enough with getting on Zoom, making public comment and watching meetings. The Council has a huge audience and she appreciated everyone contacting the Council. As there are only two committee meetings remaining this year, she preferred to wait until next year to make this change. She did not see anything on the extended agenda for committees except Public Works and noted the proposed sidewalk ordinance was something the entire Council should see. She summarized change is good but there are not that enough topics on the extended agenda to make this change. She preferred do special meetings before the committee of whole as was done last week and go to a committee format next year. Councilmember Distelhorst preferred option a or b, with meetings after 5 p.m. for people who work during the day. With all the external appointments and other meetings Councilmembers attend, he preferred committee meetings be held on Tuesdays. He summarized committee meetings on Tuesday between 5 and 7 p.m. would be appreciated. Council President Fraley-Monillas recalled she and Councilmember Paine discussed the two Councilmembers who are employed and ensuring they were able to attend the later meetings. She agreed it was not fair to Councilmembers or their employers if they had to take time off to attend Council meetings. With regard to the extended agenda, Council President Fraley-Monillas said it fills up on a spur of the moment. For example, next week there are only 2 hours 30 minutes scheduled; she anticipated it would be 3 hours 30 minutes by Friday. Items on the extended agenda are topics that are known; at the top of the extended agenda are reminders for future unscheduled items. One of issues conveyed to her was having all Councilmembers in a meeting, for example last week's meeting was predominantly Public Works projects and it seemed like a large waste of time for staff and much of Council and could have been dealt with in committees. Councils in surrounding cities are doing committees in Zoom. Council President Fraley-Monillas found Councilmember Paine's suggestion a great idea and suggested taking a week to think about it. She wanted to ensure Councilmembers Distelhorst and Olson did not encounter any difficulties with the scheduling of committee meetings. The same is true for staff who have prescheduled meetings that often extend until 4 or 5 p.m. every day and she did not want to disrupt their routine. She thanked Councilmember Paine for developing these options. Councilmember K. Johnson said she was not available on Mondays or Wednesdays. Councilmember Olson said she understood the origin of this, the length of Council meetings has been extensive at times. Contrary to Council President Fraley-Monillas' comment, being included in the presentation and discussion of items has not been a waste of time; she has learned a lot at committee meetings, things she needed to learn. She often wished that there was more content and that more things were brought to Council. Citizens are in the habit of tuning in on Tuesdays at 7 p.m. and it is probably easier for them to remember they need to show up earlier rather than on a different day. Edmonds City Council Approved Minutes October 20, 2020 Page 20 Councilmember Paine expressed appreciation for Councilmembers' comments. If the Council moves to a committee format, Councilmembers can always attend other committee meetings, not participate but as a part of the audience. The goal is not to ever have another 11:30 p.m. meeting. She acknowledged shifting the schedule could be troublesome for the public, but typically there are not audience comments on committee nights. Video of the meetings will still be available to the public online and on the government access channel, although the meetings maybe not be live streamed. Councilmember L. Johnson expressed support for the proposal. Although she is a night owl, the late night meetings have been difficult for her. As a mom with kids learning from home and a small business owner who is still working although she has some flexibility, it is a lot to juggle. She would rather fit in earlier meetings and alleviate some of the late nights. She recalled some nights it was difficult for her to get the words out that she needed to say and in watching the audience members, they were struggling too. She also supported the proposal out of respect for citizens not having meetings that extend so late and to break them up. She recognized the committee meetings need to work around other commitments, but she was on board with whatever worked best for Council and staff. Councilmember Buckshnis commented agenda planning is very important; two public hearing on two very important topics was the reason for the 11:30 p.m. meeting. She liked the concept, but the Council has a lot to do in the 11 remaining meetings. Planning the agenda properly, ensuring there is adequate time to vet, and ensuring the citizens know when to watch the Council is important. A lot of people have been contacting the Council regarding different issues including getting on Zoom. She was satisfied with whatever worked for the Council but preferred to wait until next year because the Council had plenty on its plate and the number of items on the extended agendas do not seem extensive. With regard to Councilmember Buckshnis' comment about the two public hearing, Council President Fraley-Monillas said those had to be held and had been already been delayed. Five people make decisions regarding the agenda, not just one and sometimes agendas will be like that. If committees were not a committee of the whole, it would free up a couple hours for other Council business. The Council needs to return to committee meetings eventually and now is as good a time as any. She said unfortunately, the Council likely will be conducting meetings via Zoom through the next year. If the Council moves to something that works and it is publicized well so the public is aware of what and when it's happening, the citizens will be okay in the long run especially if the Council sticks with it through the end of pandemic Zoom meetings. Councilmember K. Johnson suggested Tuesdays were the only night when everyone was free of other commitments. Council President Fraley-Monillas asked Councilmember Paine if she had an understanding of where to go next week. Councilmember Paine said she heard support for a and b, general support for the concept and working out tinging issues. She will prepare another agenda memo for Council discussion regarding the schedule. Council President Fraley-Monillas relayed Mr. Taraday said the Council can make a change by vote, but if the times are changed, an ordinance will be need to be adopted in the future. Apparently the Council moved to the committee of a whole by vote, so the Council can return to committee meetings by vote. Mr. Taraday agreed, explaining once the Council decides on a permanent arrangement, he recommended adopting an ordinance to change the code so committee meetings could be classified as regular meetings, assuming the arrangement the Council agrees on was different than the current code, An ordinance was not needed initially to change the meeting routine; it only meant that some of the meetings would be special meetings. 3. WWTP SCAUA INTEGRATION Previously Agenda licm 9.1 Edmonds City Council Approved Minutes October 20, 2020 Page 21 Mr. Williams explained most modern wastewater and water plants are run by computers, programmable logical controllers (PLC). The services Parametrix will provide are to program the new computers that come -with -the -Carbon -Recovery System -to -make them compatible with the existing PLCs that run -the entire treatment plan, integrating the new project into the existing control system. Parametrix will do the design, produce the ladder logic and how it will run, and implement that by programming the new PLCs with that logic. It is a matter of developing set points where things should be, low level alarms, high level alarms, etc. so the plant can run almost automatically and the only thing human interface is to watch to see if it drifts off those set points and make adjustments accordingly. Mr. Williams said the cost is about $334,000 for the design and implementation and an additional $75,000 for on -call service authority. This is a large scale software transition and there is usually a period of additional consulting service required by those that put the system in to tweak and optimize it over time until it is fully stable and reliable. Parametrix has done almost all the work at the plant on the SCADA (supervisory control and data acquisition) system for the last 8-9 years and are just about the only ones he would want to do this work. Although the cost sounds like a lot, it is a part of the approved Carbon Recovery project in 2021. Councilmember Buckshnis asked if this was already part of budget for the Carbon Recovery project. Mr. Williams answered this contract was not included in the $26,121,040 total project cost. It is necessary, but was not included in the Ameresco contract to avoid paying 18% markup fees on the cost. This contract is being done under ongoing budget authority at the treatment plant. Councilmember Buckshnis asked for confirmation that it was related to that project. Mr. Williams agreed it was. Councilmember Buckshnis recalled the City has used Parametrix in the past. Mr. Williams explained Parametrix upgraded all the PLCs in the existing treatment plant to more modern technology over a period of three years. This new system will be integrated into that. Councilmember Paine understood from the notes that this has already been underway and was scheduled to conclude in the first part of the year. Mr. Williams answered Parametrix will start right away and will finish the design by about the end of the year and then will work throughout 2021 and perhaps into the first quarter of 2022 getting this system installed and operating toward the end of next year and then troubleshoot it with the on -call contract for a period of time after. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED TO AUTHORIZE THE MAYOR TO SIGN A PSA WITH PARAMETRIX, INC. FOR INTEGRATION OF THE CARBON RECOVERY PROJECT INTO THE EXISTING PLANT CONTROL SCADA SYSTEM AND PROVIDE TECHNICAL ON -CALL SUPPORT FOR THROUGHOUT THE DURATION OF THE PROJECT Councilmember Olson raised a point of order that this is a study item. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO MOVE THIS TO THE CONSENT AGENDA NEXT WEEK. Councilmember Olson recalled the contract said something about $100,000 typical maintenance. Mr. Williams answered the City has had about three $50,000 on -call contracts with Parametrix in the past for the current system. Only what is needed will be used, but the $50,000 was increased to $75,000 to cover any issues with the addition of this new system. Parametrix has provides on -call services for the control system for several years, approximately $25,000 is being added to that. Councilmember Olson observed this was a multi -year contract and she thought the $75,000 was for all of them. Mr. Williams answered if things go well, not all of it will be used and if things do not go well, staff may return to Council to ask for additional authority. That is the best estimate to get through the project development and start-up phase. Councilmember Olson observed the $75,000 was for one year of maintenance, versus the two or three Edmonds City Council Approved Minutes October 20, 2020 Page 22 years. Mr. Williams answered it would start now and extend through the first quarter of 2022. Councilmember Olson said she will confer with Mr. Williams during the next week. MOTION CARRIED UNANIMOUSLY. 4. COUNCIL RESOLUTION TO NAME AUTHORIZED INDIVIDUAL TO MANAGE CITY INVESTMENTS IN LGIP (Previously Agenda Item 9.3) Acting Finance Director Dave Turley explained the state investment pool requires one person be designated as authorized to administer investments. Most cities have the finance director as that person and they ask when a city gets a new finance director, the resolution be updated. The Administration was originally planning to wait until the finance director position was filled on a permanent basis but LGIP asked the City to complete the resolution with his name as the acting director. The resolution is prepared by the state LGIP and sent to the City to add the name and approve it. The purpose of the resolution is to update the person who the City designates as authorized to administer investments. The City is not out of compliance in any way, but the State LGIP asked that the resolution be approved. He requested Council forward the resolution to the Consent Agenda next week. Councilmember Buckshnis asked if the City still had investments with Snohomish County. Mr. Turley answered yes. Councilmember Buckshnis asked if anything needed to be changed with that. Mr. Turley said every year they ask investors to provide a form stating who is authorized to make transfers to the fund; that form was submitted yesterday. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO MOVE THIS TO THE CONSENT AGENDA NEXT WEEK. MOTION CARRIED UNANIMOUSLY. 10. MAYOR'S COMMENTS Mayor Nelson said Halloween in on the minds of a lot of parents and children, including his children's. When his youngest child asked what they were doing for Halloween, he had a hard time answering him. It breaks his heart because he wanted his child to be able to enjoy Halloween and trick -or -treat, but it would break his heart more if he had to be hospitalized. The numbers in Snohomish County continue to climb; Snohomish Health District Medical Officer Spitters said today if this continues, Snohomish County will be where it was in March which will impact not only hospital capacity but also bring back some of the unfortunate restrictions. Mayor Nelson relayed the C ity's recommendation for trick -or -treaters to please stay home for your safety, your family's safety and the community's safety. There are many alternatives for celebrating Halloween; he encouraged and supported those. Unfortunately, Halloween is one of those things people have to reevaluate how they celebrate. The state is at 74% compliance with mask wearing. However, people are still getting together in social gatherings, often inside now due to the weather so outbreaks are occurring in smaller groups. People want social interaction and unfortunately the numbers are going up. Mayor Nelson reported the Health District is also experiencing challenges with contract tracing because people are not cooperating and providing the anonymous information the Health District requests. To beat COVID-19, it is important to isolate the people who have it. He urged the public to cooperate if they are contacted by Health District representatives, to wear masks, to maintain social distances, and to keep social gatherings to a minimum. 11. COUNCIL COMMENTS Edmonds City Council Approved Minutes October 20, 2020 Page 23 Councilmember Olson announced the Edmonds Housing Commission open house is still open. It is one of the warmest, best, educational, fun virtual events that she has been to. She encouraged the community to complete the survey, noting some people think they have already done it, but this is a new survey seeking new input. The survey is -available on the City's website and at www.ECHCol2enhouse.com. Councilmember Olson reported the Edmonds Center for the Arts has made their parking available for downtown Edmonds, a great give from this community partner. Councilmember Olson recognized the Diversity Commission for the close captioning and Mayor Nelson and staff for implementing an idea that originated with the Diversity Commission and likely led by Dean Olson. She relayed the Diversity Commission is seeking three members; the deadline to apply is tomorrow. She encouraged anyone with a heart for a welcoming community that is open to all to apply. Councilmember Buckshnis thanked Mr. Williams and Ms. Randolph for the Utility of the Future awards video that will be posted on the City's website. She found it extremely inspirational; Edmonds' award is at 17 minutes but she encouraged the public to watch the entire video. It is remarkable what other cities are doing and it gave her a lot of ideas. She reported the Augusts financial are out, she will send her questions to Mr. Turley. She was hopeful the quarterly report through September would be presented to Council. Councilmember Buckshnis reported she was going on vacation, her first vacation since July 2019. She will be wearing a mask to visit her sister, her nephew and his family in Norfolk, Virginia. She was cleared by the Navy after being tested when she donated blood. She has 15 masks to wear over 5 days. She understood what Mayor Nelson was saying; they plan to have Halloween at home. People can still contact her via email or phone. She has read the budget and will try to answer questions. Although she was apprehensive about traveling, she was excited to see her family. Councilmember K. Johnson announced her appointment of Scott Merrick to the EDC. She relayed the Washington State Supreme Court found I-976 regarding the $30 car tabs unconstitutional. This is very good news for anyone interested in transportation funding. Some minor issued were remanded to the lower court. Council President Fraley-Monillas reminded Council does not meet on Election Night so will be meeting on Monday, November 2" d instead of Tuesday, November 3`d. She agreed with encouraging people to wear masks. The Health District has 50 new staff members doing tracking of people who test positive for COVID; they are having difficulty getting people to answer the phone or discuss the potential that they have been infected. With regard to trick -or -treating, she heard from a friend that her family plans to do trick -or -treating at doors within their house. There are a lot of creative ways to trick -or -treat. Council President Fraley-Monillas thanked Councilmember Olson for giving her Diversity Commission report. She announced her reappointment of Darrol Haug to the Economic Development Commission. Councilmember Paine thanked Councilmembers for their input regarding committee meetings. She reported the State has collected 850,000 ballots to date. She encouraged the public to wear masks. Councilmember Distelhorst reported the case count for the two -week rolling average was 101 per 100,000, the highest it has been since April Is', far exceeding the summer numbers. It is important to stay distanced, don't go out, and don't see friends or family. His family is reminiscing about the early days of quarantine; his daughter is looking at TikTok videos she made. He urged people to take the precautions seriously; every time people see other people and break that chain, the situation regresses. He urged the public not to gather for Halloween and to stay home. Edmonds City Council Approved Minutes October 20, 2020 Page 24 C.OUneilrnenlber Distelhorst advised ballot drop boxes are located at the Edmonds library, Mountlake Terrace library and Lynnwood City Hall. He echoed Councilnember Olson's request for people to take the Edmonds Housing Cornrnission survey, one of the final opportunities to give feedback at the Housing Commission level. It is important the commission gets input from everyone in the community. Mr. Williams expressed appreciation for all the COVID warnings. He received a call from his slaughter during the meeting who reported she, her husband and three sons came down with C0V1D in the last couple days. They have fairly mild symptoms but are not asymptomatic by any means and the entire family has it. Mayor Nelson said he was very sorry to hear that. Mr. Williams said being in the EOC for portions of each day since February and watching the numbers, sometimes it looks like a math equation, but it really comes down to people's lives and their health. Councilrnember L..lohnson. said she was sorry about Mr. Williams' news and wished the best for his family. She welcomed new Student Representative Brook Williams, commenting it was nice to have him on the Zoom meeting. To Mayor Nelson suggestion about finding alternative ways to celebrate .Halloween, her family plans to do a backyard family flashlight candy hunt. Halloween is supposecl to have:a spooky blue moon so it is a perfect time for flashlights in the backyard. Councilmerrrber L. Johnson encouraged the community to please vote; ballots were mailed last week. Vote early and check the progress of your ballot at VoteWA.gov. People can also visit VoteWA.gov if they haven't received their ballot, to change their .address or if they need to register and have until Monday, October 261" to do so. EnSlrre your vote is counted and your voice is heard. Life is challenging on many levels including the COVID-19 numbers which are sadly headed in the wrong direction. She urged the public to vote, social distance, wear a mask, wash your hands and do your part to turn things around for the better. Student Representative Roberts sent his best wishes to Mr. Williams and his family. Ile thanked the City Council for selecting him as the Student. Representative. He was extremely honored and grateful to be serving the youth of Edmonds in this role. The Diversity Commission also has opening for a Student Representative and lie encouraged studcnts to apply. He reminded the citizens of F.d,-, to keep wearing masks properly including over your nose, to continue to l)ractiainb social distancing, and making safe choices that do not put you and your community at risk. Ile encouraged people to vote with the future of the county in mind, especially the youth. 12. ADJOURN With no further business, the Council meeting was adjourned at 9:47 p.m. M AEL NELSON, MAYOR nTT PASSEY, CITY C Edmonds City Council Approved Minutes October 2(), 2020 Page 25 `a Public Comment for 10/20/20 Council Meeting: From: Ken Reidy Sent: Tuesday, October 20, 2020 5:05 AM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov>; Passey, Scott <Scott.Passey@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com>; Hope, Shane <Shane.Hope@edmondswa.gov>; Williams, Phil <Phil.Wllliams@edmondswa.gov> Subject: Public Comments for October 20, 2020 City Council meeting Immediately before a City Council vote on March 17, 2009, former City Attorney Scott Snyder told the City Council that "an intrusion into a right-of-way was not allowed and the City had the obligation to clear it...". The right-of-way Snyder was discussing was a 7 %' wide easement that the City had never used for any purpose since the easement was dedicated in 1890. Furthermore, the City's easement wasn't wide enough to be opened as an alley as it lacked the required width of 15'. It was an UNOPENED right-of-way, something much different that an OPENED right-of-way. OPENED rights -of -way have improved or traveled portions. UNOPENED rights -of -way have no such thing, so there is nothing to OBSTRUCT with an encroachment or intrusion. Snyder did not tell the 2009 City Council that the City had a specific Code section that applied to intrusions into a right-of-way. ECC Chapter 9.25 is called STREET OBSTRUCTION. ECC Chapter 9.25 clearly relates to OPENED rights -of -way that have improved or traveled portions. Snyder was the Edmonds City Attorney in 1989. As such, he probably was involved in the following 1989 case: The City of Edmonds, Respondent, v. Kenneth E. Williams, Sr., et al, Appellants. The following is from that case: "[W]here an easement has been created but no occasion has arisen for its use, the owner of the servient tenement may FENCE HIS LAND and such use will not be deemed adverse to the existence of the easement until such time as (1) the need for the right of way arises, (2) a demand is made by the owner of the dominant tenement that the easement be opened and (3) the owner of the servient tenement refuses to do so. (Italics ours.) CASTLE ASSOCS. v. SCHWARTZ, 63 A.D.2d 481, 490, 407 N.Y.S.2d 717, 723 (1978). ACCORD, Annot., SUPRA, 25 A.L.R.2d 1265, 26, at 1325-30. Why didn't Snyder simply tell the 2009 City Council what the owner of the servient tenement may do on HIS LAND? Edmonds City Council Approved Minutes October 20, 2020 Page 26 It is reasonable to suspect that Snyder also knew of the following, as he was an experienced City Attorney: In Nystran v:-0 Ma ey-60-Wn.2d-792, 375-P.2d-863- 1962 ; the court ruled -that -a mere easement is not equivalent to a right-of-way. (Nystrand, 60 Wn.2d at 795.) The Nystrand court held that the plaintiff's use of the area, including planting trees and a hedge, as well as building a garage and bulkhead, was not inconsistent with the public's easement because the city had not asserted its right to open the street. (Nystrand, 60 Wn.2d at 795.) Despite the above, Scott Snyder argued that Municipalities have a duty to remove obstructions in the public ways and liability if they fail to do so. Why did he do this? The fact that Snyder did so should motivate the 2020 City Council to review all City Codes and make any and all changes needed to clearly differentiate between OPENED and UNOPENED rights -of -way. Please do not allow any other property owner in Edmonds to be harmed like my family was harmed. Thank you. Edmonds City Council Approved Minutes October 20, 2020 Page 27