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Cmd112420EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING APPROVED MINUTES November 24, 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 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Jim Lawless, Acting Police Chief Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Angie Feser, Parks, Rec. & Cultural Serv. Dir. Jessica Neill Hoyson, HR Director Dave Turley, Acting Finance Director 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 Councilmember Distelhorst read the City Council Land Acknowledgement Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present, participating remotely. 4. PRESENTATION 1. SMALL BUSINESS SATURDAY PROCLAMATION Mayor Nelson read a proclamation proclaiming November 28, 2020 as Small Business Saturday, and urging the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year. Edmonds City Council Approved Minutes November 24, 2020 Page 1 Councilmember K. Johnson said Small Business Saturday is very important to the City and small businesses, especially during COVID-19. She pointed out people do not have to shop in person, they can shop online at many businesses and can also purchase gift cards for later use, both help the small business community. 5. APPROVAL OF AGENDA COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO CHANGE ACTION ITEMS 10.1 AND 10.2 TO STUDY ITEMS. Councilmember K. Johnson explained Item 10. 1, Emergency Ordinance Providing Mayor Temporary Authority to Use Tools to Address Economic Emergency, is on the agenda for the first time and she believed the Council would benefit from it being a study item. If necessary, it could be an emergency ordinance, but it should first be a study item. Council President Fraley-Monillas commented most emergency ordinances are just that, an emergency. She encouraged the Council not to support the motion until they heard about the emergency ordinance and the reasoning behind it. The Council could always not take action or vote no, but she was unaware of other instances where an emergency ordinance was not addressed because it was on the agenda for the first time. She encouraged Council to at least hear the ordinance out. Councilmember Distelhorst raised a point of clarification, asking whether the intent was to vote on the items separately or as one motion. Mayor Nelson suggested for logistical reasons the Council vote on each one separately. Councilmember K. Johnson said the emergency nature of the proposed ordinance is if it is adopted by a majority plus one, there is not a five day delay prior to implementation. The Council has never seen this ordinance before, it directly affects the Council, and it should be a study item rather than an action item so the Council could hear from citizens and the community about this major change in the authority of the Council. Council President Fraley-Monillas reiterated she had never seen an emergency ordinance delayed because it was on the agenda for the first time. She was contacted by several businesses today who plan to speak about ordinance and how it affects them during the pandemic and the process of continuing to stay open which is a benefit to the City. She encouraged Councilmembers not to approve the motion, to hear out the emergency ordinance and vote against it if they did not wish to proceed. Councilmember Olson said normally she was the person pushing for good process; because this was being presented by the Administration for immediate action, she was willing to hear it out and have the opportunity to take action. It was her understanding that even if it was an action item, the Council had the option of not taking action. She supported this item remaining as an action item. Mayor Nelson restated the motion TO MOVE ITEM 10.1 FROM AN ACTION ITEM TO A STUDY ITEM. MOTION FAILED (1-6), COUNCILMEMBER K. JOHNSON VOTING YES. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, THAT ITEM 10.2 (BUDGET DELIBERATION AND OPPORTUNITY TO DISCUSS CHANGES TO THE PROPOSED BUDGET) BE RENAMED AS A STUDY ITEM. Edmonds City Council Approved Minutes November 24, 2020 Page 2 Councilmember K. Johnson commented whatever the Council does tonight is only temporary in nature because the Council needs to evaluate and consider the numerous components of the budget. In the past, the Council then had one general adoption of the entire budget. She saw this as a series of study items where Councilmembers can make proposals, discuss and vote on them, but it was not an action item in the truest sense of the word. Councilmember Olson said she liked that philosophy, pointing out Councilmembers could not add a bunch of things without removing other things; therefore, consideration of any proposal is part of the greater conglomerate of other items that Councilmembers either support or do not support. Having discussions and getting a read from Councilmembers regarding their position on items would be helpful to see how the entire budget comes together. She expressed support for the motion. Council President Fraley-Monillas asked whether the Council could propose amendments if this item was moved to a study item. City Attorney Jeff Taraday answered that was a fair question; the Council has not established a strict rule regarding whether no motions whatsoever can be made during a study item. In the past, he has heard the Council make motions during study items that were preliminary in nature such as a motion to forward something to the Consent Agenda. He did not necessarily interpret a study item to mean that no motions could be made. Ultimately it was up to the Council to establish that rule so the Council had the ability to determine what a study items means and whether it meant absolutely no voting of any kind or whether it meant preliminary voting was okay. Council President Fraley-Monillas suggested if the Council could make a determination whether to vote during study items, why not leave it under action items. The agenda item is Budget Deliberation and Opportunity to Discuss Changes to the Proposed Budget and she did not understand the need to move it from the action items. Mr. Taraday said there was no procedural or legal significance to the motion in this particular instance. Councilmember Paine expressed support for retaining this item as an action item. There are a lot of questions and a few action items that will be suggested and be addressed early in process and that would not disrupt the process. Councilmember Buckshnis relayed her interpretation of Mayor Nelson's comments last week; Councilmembers can propose amendments which is an action, but that does not mean the Council will vote on that action until all the Council amendments have been proposed. For example, she has not prepared all her amendments because she is still going through the questions and answers she submitted. She did not want to vote on amendments until she could see how all the amendments affected the budget. It was her understanding Councilmembers would make preliminary amendments but not final amendments, Mayor Nelson said was up to the Council; he was trying to manage time as there are only so many meetings left. Councilmember Buckshnis agreed time needed to be managed but there was still a lot of Q&A and she liked to see all the proposed amenidments before voting on them. She recalled in the past, all Councilmembers' amendments were submitted for review and consideration. Council President Fraley-Monillas said she did not have a problem with the process Councilmember Buckshnis described, but there needed to be some agreement regarding voting on amendments; perhaps Councilmembers could present amendments and provide an explanation but the Council would not gate on them, She agreed with Councilmember Paine to leave it as an action item and for Councilmembers to present their amendments so other Councilmembers can think about them for a week or so. She encouraged the Council to retain this as an action item. Edmonds City Council Approved Minutes November 24, 2020 Page 3 Councilmember K. Johnson offered to withdraw the motion given the understanding expressed by Councilmember Buckshnis and Council President Fraley-Monillas, but said she would object if there was any voting on individual proposals as that would not be in spirit of proposal. COUNCILMEMBER K. JOHNSON WITHDREW MOTION WITH THE AGREEMENT OF THE SECOND. MAIN MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson invited participants and described the procedures for audience comments. He advised there is a public hearing later on the agenda. Audience Comments are for topics not related to the public hearing. Mike Shaw, Edmonds, said not enough thanks and appreciation has been shown the Mayor and Councilmembers. This is most environmentally conscious and proactive administration that Edmonds has had in a long time, perhaps ever. He admired the Mayor and Council's diligence and actions on behalf of Edmonds nature and wildlife and relayed his heartfelt thanks for all they have done and will do. Shubert Ho, Edmonds, Feedme Hospitality & Restaurant Group, commented on the emergency ordinance that gives the City temporary administrative power to help save businesses, restaurants in particular. As the owner of five brick and mortar restaurants in Edmonds, he has a big stake in the restaurant industry in this area. They try their best to stay relevant and charitable to the community as they provide their $5 daily school lunches to the Edmonds School District's for stay-at-home learning. He urged Councilmembers to approve the emergency ordnance as time is ticking and it was needed yesterday, not tomorrow, not next week, and not next month. Every day they wait for something like streateries or closing the street for distance dining hurts them and every day the City takes action helps. He begged the Council to give the Mayor, who has been very supporting of the industry, some emergency power so they can get through the next 90 days and see what happens. With any luck, there will be a vaccine and life can return to some normalcy and they can continue to support the community in the way they have. John Lane, Director of Local Affairs for the Washington Hospitality Association, the largest private employer in Washington representing 15,000 locations and over 200,000 employees, said as Mr. Ho mentioned, the impact of the pandemic on restaurants has been particularly stark. He estimated up to 35% of small, locally owned, independent restaurants will go out of business permanently, noting that estimate was made before the governor's most recent shut down announcement. Based on March, he estimated the four week shutdown will cost restaurants approximately $800 million. Restaurants are barely profitable at 50% indoor occupancy and lose money at 25%, and outdoor only plus take-out/delivery is a very big challenge. He relayed full support for the emergency ordinance to give the City the ability to move as fast as possible, as fast as restaurants had to react to the 48-hour notice of the governor's closure. Restauranteurs across the state and in Edmonds are doing everything they can moving into the tenth month of the pandemic which has been crippling to the industry. He appreciated the support that Edmonds has provided local restaurants and hoped the Council would take this action so they can continue to work in partnership and restaurants, the lifeblood of the community, will still be open when the other end of the pandemic is reached. He appreciated the Council's willingness to consider the emergency ordinance tonight. Louise Favier, Daphne's, agreed with the first speaker regarding how forward thinking Edmonds is with regard to conservation and an environmentally healthy viewpoint. She appreciate the Council's actions related to disposables and compostables, and even though it may cost business owners more, she was Edmonds City Council Approved Minutes November 24, 2020 Page 4 proud Edmonds was at the forefront of that effort. She expressed support for the unusual ordinance, recognizing the importance of due process and although she generally appreciated that, she would appreciate the Council making an accommodation to help businesses stay afloat during the challenging months ahead. Outside dining has meant everything to them including the wonderful steps the City took already such as the weekend streateries and the extended sidewalk cafes that have allowed them to stay in business. Although it is challenging to stay in business outside during the winter months, without this support, they will have to close for the next six months. With the City's support, they will do their best to stay open and she believed they could. She thanked the Council in advance for their support. Kate Guthrie, Edmonds, Glazed and Amazed, commented on the proposal to make streateries a permanent fixture in downtown. She reiterated concerns she expressed in a letter sent to the Mayor and Council; although she thoroughly supported the extra measures for restaurants to be successful in downtown Edmonds, she preferred the streateries be a temporary measure rather than permanent because in the long term, they cause some negative effects for non -restaurant retailers especially Glazed and Amazed. Her store is on Main Street and there are over eight restaurants on that street; streateries would result in the potential loss of 20+ parking spaces on Main Street which negatively affects her store by eliminating parking for her customers. She recommended the discussion include how streateries affect non -restaurant business owners. She supported any and all measures to temporarily help restaurants during the COVID crisis, but wanted to hear more discussion about how permanent streateries affect all downtown businesses. Richard Bologna, Edmonds, owner and managing partner of a local accounting firm, Edmonds resident since 2001, and active chamber member, offered congratulations to Mayor Nelson in his role during this challenging time for the City. During his soon approaching retirement, he would like to become more involved in City affairs, perhaps with the Economic Development Committee in a role to assist commercial businesses during this time. He also has a strong interest in law enforcement and criminal justice matters. Sheila Cloney, President of Downtown Edmonds Merchants Association, thanked the Council for acknowledging Small Business Saturday and helping them navigate these challenging times leading up to the November 28"' event and beyond. For many businesses, Small Business Saturday is one of the biggest days of the year and is a great time to reflect on what it means to be an entrepreneur. It is also an opportunity to recognize the impact that working together has on making Edmonds extra special. On behalf of DEMA, she thanked Mayor Nelson and the Council for their ongoing support of DEMA. She acknowledged how proud she was to be working jointly with Patrick Doherty, ED! and the Edmonds Chamber of Commerce to snake this holiday season safe and festive. She looked forward to seeing everyone this weekend in their festive masks from a safe distance. She reported more than 30 downtown restaurants and retailers will be participating in First Dibs from November 27"' through Dec 6"'. She looked forward to seeing everyone downtown and assured they have gone to great lengths to ensure it is very safe and festive. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) 7. APPROVAL, OF THE CONSENT AGENDA ITEMS COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE CONSENT AGENDA. Council President Fraley-Monillas requested Item 7.7 be removed from the Consent Agenda. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. Edmonds City Council Approved Minutes November 24, 2020 Page 5 7. REGULAR PROPERTY TAX ORDINANCE FOR 2021 TAX LEVY AND EMS LEVY ORDINANCE Council President Fraley-Monillas said she wanted to vote no on this item as she was not interested in banking a tax increase or the increase in the EMS levy as she viewed it as regressive taxation. UPON ROLL CALL, MOTION CARRIED (6-1), COUNCILMEMBERS K. JOHNSON, DISTELHORST, BUCKSHNIS, OLSON, PAINE AND L. JOHNSON VOTING YES; AND COUNCIL PRESIDENT FRALEY-MONILLAS VOTING NO. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF NOVEMBER 12, 2020 2. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF NOVEMBER 17, 2020 3. APPROVAL OF COUNCIL MEETING MINUTES OF NOVEMBER 17, 2020 4. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF NOVEMBER 19, 2020 5. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 6. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM CARLOS RODRIGUEZ ($1,163.24) 8. FINDINGS AND CONCLUSIONS DENYING 184TH ST SW STREET VACATION AND OFFICIAL STREET MAP CHANGE 8. PUBLIC HEARING 1. SECOND PUBLIC HEARING ON THE2021 PROPOSED BUDGET Mayor Nelson opened the public participation portion of the public hearing. Neil Tibbott, Edmonds, applauded the Council and Mayor for the budget and difficult decisions, especially funding for improvements on Highway 99, emergency short term grants for businesses and families, and the decision to retain essential staff while freezing new hires. He relayed concerns about funding for building maintenance. While reviewing the budget, he was puzzled why Building Maintenance Fund 016 was removed from the budget. He understood there were no direct revenue sources for those projects, unlike parks or transportation, but building maintenance must be adequately funded. DP #35 provides for renewal for facilities and maintenance, but that items lacks transparency. As a citizen, he wanted to know what parts of the City's aging infrastructure would be improved. There is a severe lack of transparency on that item and he urged the Council to do a better job of letting citizens know what to expect with regard to the aging infrastructure. Mr. Tibbott described the importance of facility maintenance; it preserves older buildings that are part of the City's remarkable history, facilities provide safe meeting spaces for programs and people of all ages, and maintenance replaces outdated systems with more efficient ones that reduce energy consumption and even the carbon footprint. By underfunding maintenance and replacement, this budget creates a greater financial burden for future taxpayers. He provided the following suggestions for revising the budget to accommodate a proper commitment to maintenance, 1) continue to provide funding for social services but Edmonds City Council Approved Minutes November 24, 2020 Page 6 not new, unmandated services and instead utilize the safety net that taxpayers pay for like Verdant, Edmonds School District and the parks, 2) improve Highway 99 but use the safety improvement plan developed by Public Works last year as it is far less expensive, and 3) refuse to fund any new, long term programs and instead prioritize short term programs that are essential to helping the City through the pandemic. Marjie Fields, Edmonds, Save Our Marsh, expressed her gratitude for a City Council that is supportive of restoring the marsh to a fully functioning estuary and for the Mayor who is a long-time champion of the Marsh. She suspected most viewers were unclear why marsh supporters were so concerned about which parts of the City budget are listed for marsh restoration and she acknowledged that reading the budget can be overwhelming and she was impressed with the Council for informing themselves on this complex issue as well as other issues. The Save Our Marsh group's concern about budget categories was related to oversight and direction of the marsh restoration project. They want to ensure plans are based on best available science regarding the creation of salmon -friendly habitat as well as meeting the needs of birds and other wildlife dependent on the marsh. Though some stormwater engineers will likely be involved, the overall direction needs to come from biologists and geomorphologists, those who have experience with restoring disconnected tidal wetlands. Citizens who pay Edmonds utilities should be concerned about the impact on utility rates if marsh restoration is under the stormwater budget. She trusted that the Mayor and City Council will would whatever changes were needed to ensure marsh restoration was done in a responsible, cost effective and timely manner. Joe Scordino, Edmonds, recommended the City stop spending money at this time on any marsh restoration planning and remove items from the current budget that pertain to marsh restoration because the Unocal property issues have not been resolved and that property is critical to determining how, if and when restoration of the Edmonds Marsh can occur. It makes no sense to continue spending money when the full and final disposition of that property is unknown. For example, cost estimates currently include huge amounts for removal and disposal of soil from the property. If much of the property is available for restoration, that soil could be kept on site, eliminating that cost, and allowing a plan for restoration that includes wetland development, wildlife areas and recreational opportunities on the site. It is critical to know exactly what is going on prior to beginning a planning process, design and moving forward on how to best restore the marsh utilizing the Unocal property. The City should be looking at what obstacles might prevent utilization of the Unocal property. Mr. Scordino pointed out the Comprehensive Plan current states the Unocal property is prioritized for a multimodal transportation site, moving the ferry terminal, which WSDOT has stated publicly planning to pursue. Therefore the Comprehensive Plan needs to be changed so it does not serve as an obstacle. The Comprehensive Plan also states master planning development is necessary to do anything on that property and it is zoned master planning development. He hoped the Council would provide funding so Shane Hope could commence the process of modifying the Comprehensive Plan and begin development of a master plan and place the $450,000 carryover that was intended for marsh restoration in Fund 017 so it will be available in the future. Hearing no further public comments, Mayor Nelson closed the public hearing. 9. STUDY ITEMS 1. EDMONDS DOWNTOWN ALLIANCE 2021 WORK PLAN AND BUDGET Economic Development/Community Services Director Patrick Doherty introduced Pam Stuller, President, Edmonds Downtown Alliance (Ed!) and explained the code requires the Alliance present the following year's work plan and budget by October 315t; it was provided to the City on October 28, 2020. Edmonds City Council Approved Minutes November 24, 2020 Page 7 Ms. Stuller reviewed: • Member Advisory Board o Pam Stuller, President, (Walnut Street Coffee) o Kimberly Koenig, VP (Rogue) o Cheryl Farris, Secretary (Certa Law Group) o Kali Kelnero, Treasurer (Kelnero) o Matt McCulloch (People Bank) o Mark VonGunten (Ten Gun Design) o Jenny Shore (The Wooden Spoon) o Carol Sheldon (Carol Sheldon Hair Design) o Deandra Peterson (Edward Jones) o Jen Lawson (Crow) • History o Why Ed!? ■ To create a stable and predictable fund so we could plan and execute downtown -wide marketing ■ To come together to create something bigger and better than any one of our businesses could accomplish on our own ■ To bring a new level of professionalism in our look and feel for promoting downtown ■ The Chamber and the City both have a bigger constituent base and we wanted to just focus on our downtown core o Mission Statement ■ Ed! is a focused, funded organization that supports and improves business conditions in Edmonds. Our goal is to ensure our downtown stays lively, attractive, prosperous and welcoming to everyone Committees o Committees ■ Administration ■ Communication & Outreach ■ Marketing ■ Appearance & Environment ■ Grant Program • Ongoing programs o Marketing Strategy ■ Continue to build Ed! messaging to increase awareness of Edmonds as a local and day trip destination ■ Create compelling content on EdmondsDowntown.org to highlight Ed! businesses, including services ■ Promote "support local" campaign ■ Increase exposure with a robust digital campaign ■ Build social media audience, keeping Edmonds top of mind ■ Our Program Manager drives our strategies, and we contract with a local writer and amazing photographer to create high -quality content o Feature Articles For the 3rd year, Ed! published articles highlighting Edmonds businesses, events and the unique qualities of downtown. ■ Innovative way to utilize compelling content to promote downtown. ■ So far this year 57 different businesses have been highlighted. ■ During COVID, utilized articles to support local businesses as they pivoted o Business Spotlights ■ Began highlighting individual businesses in September ■ 17 published YTD Edmonds City Council Approved Minutes November 24, 2020 Page 8 o Social Media Ad Campaign Jan -Oct ■ Promoted articles and Spotlights via social ads ■ Campaigns delivered: ■ 406,300 impressions ■ 8,623 landing page views ■ 2.5% clickthrough rate (industry average is .9%) o EdmondsDowntown.org Traffic ■ Year over year increases (Jan -Oct 2020): - Users up 23% - Sessions up 23% o Social Media ■ Facebook 1/1/20 11/19/20 2,226 followers] 2,481 followers - 11 % increase in page followers * Insta ram l/1/20 11/19/20 1,986 followers 3,383 followers - 70% increase in followers o Edmonds Holiday Campaign ■ Emily the Elf arrive on Edmonds Museum historic fire truck ■ Window vinyl decals - 13 sayings and _ images ■ Character cutouts at 8 different stops - selfie stations ■ Nightly Tree Lighting ■ Edmondsholidays.com o Grant program ■ No new grants were considered in 20202 ■ Grant funds approved for AWE for murals in 2019 was honored o Umbrella program ■ Program paused during COVID * New supply purchased in 2020 will be used when it's safe o Parking - After Hours Parking Program ■ 100 After Hours spots available ■ 4locations: - Bank of America (becoming private lot) - Sound Credit Union - WA Federal - US Bank o Member Outreach ■ Regular communication with members via annual meeting, Year in Review Brochure, email newsletter, new member information Support during COVID o Marketing Support +� Articles to support businesses ■ Safety Pledge: assure the public that businesses are taking the necessary precautions to maintain a healthy community - Website - "Safety Pledge Certified" and guidelines posters - Ads on social and MEN ■ Share businesses social media posts o Communication Edmonds City Council Approved Minutes November 24, 2020 Page 9 ■ Participation in the Recovery Task Force and DEMA meetings to help facilitate communication between the city and our members ■ Advocate for CARES Act finds to be used for small business grants ■ Regularly share COVID-19 information with members via email and social media Focus on being responsive to business needs with fast turnaround Work Plan & Budget o Budget Year to Date * Due to COVID-19, assessment due dates have been delayed and there are no late fees for 2020. ■ Year to date assessment revenue is down 6.5% ■ Budgeted items have so far been reduced by $12,000 (15%) - $8,705 in marketing - $2,000 in summer trolley support - $1,377 for communication & outreach ■ As the year progresses, we'll keep revisiting the budget as needed. 0 2021 Proposed Work Plan ■ Administration ■ Communication and Outreach ■ Marketing/Advertising ■ Appearance and Environment 0 2021 Proposed Budget ■ Administration $24,905 ■ Marketing $42,505 ■ Communication and Outreach $3,730 ■ Appearance and Environment $5,200 ■ Total Budgeted Expenditures $76,340 0 2021 Budgeted Revenue & Expenditures Revenues 2020 Approved Budget 2020 Projected Budget 2021 Proposed Budget -Beg. Fund Bal. $11 546 $11,546 $10 347 Projected Revenue $79,209 $67,209 $79 209 Total Budgeted Expenditures $80,510 $68,408 $76,340 Total Revenue $90,75 $78,755 $89,556 Projected End of Year Fund Balance (Projected Available Funds Minus All Expenditures) $10,245 $10,347 $13,216 As Percentage of Ongoing Revenue 12.9% 1 15.4% 16.7% o 2013-2020 Budget Summary • Very good track record of staying within or under budget is Board members are members too Councilmember Olson commented a lot of great work has been done by the Business Improvement District (BID) and she has been privy to those insights and information. She acknowledged much of it is advertising related which is difficult to tie to results, but the BID definitely adds to the dynamic nature of the City's downtown core. She relayed a citizen's suggestion to explore afterhours parking at the First Church -Christ Scientist at 551 Maple. She relayed that most of the new Councilmembers were in the audience at this time last year when the Ed! issue was on the Council agenda and she felt it would be appropriate to have more expansive and inclusive conversations with businesses in the context of the BID and whether it was working for everyone, if some tweaks were needed, etc. She requested that be on the agenda in the first quarter of 2021. She was committed to looking at that and has done a lot of research, Edmonds City Council Approved Minutes November 24, 2020 Page 10 but with everything else going on, has not made it to the top of the priority list although she acknowledged it was a priority for some. Councilmember Buckshnis expressed appreciation for Ed!'s stable financials, recalling Ed! even contributed $20,000 for the public restroom. She commended Ed! for doing a great job, especially during these tough times. She asked how Ed! interacts with the Creative District and how they leverage the Creative District. Ms. Stuller answered one of Ed!'s board members is on a Creative District committee so that is Ed!'s primary link at this time. The Creative District is so new, Ed! did not want to create duplicative programs so they are promoting and sharing any content from the Creative District and look forward to partnering with the District and other organizations in Edmonds. Councilmember Buckshnis commented Ed!'s budget is consistent with the City's projections. She asked if there were more delinquencies this year. Ms. Stuller answered a decision was made early on not to charge delinquency fees this year. Assessments are done quarterly and half the business community was closed on March 17"' so assessments were delayed for several months. Since then all the assessments have been sent and so far the delinquency rate has not been bad but complete information will not be available until the end of the year. Councilmember Buckshnis said bravo to Ed! and all who work on it. She recognized Ms. Stuller was the first president and now is president again. She looked forward to working with Ed! in the future. Councilmember Paine thanked Ms. Stuller and Mr. Doherty for answering her questions. She asked when the next annual membership meeting will be held. Ms. Stuller answered the bylaws require the annual meeting be held in April; the date will be selected closer to April to avoid conflicts with community events. Recognizing that Ed! is well tuned to the business community, Councilmember Paine asked about discussions related to streateries versus parking parity. Ms. Stuller answered the early street closures were a bit of a surprise for some members of the business community and in the past Ed! had been involved in creating forums to allow broader communication to occur and ensure the business community was working together. She recognized Ms. Guthrie's frustration as she has only one parking space in front of her business, yet wants her neighbors to stay in business. Anecdotally, businesses appreciate others more than ever and recognize they are an ecosystem and it takes all the office space, by -appointment and service based businesses, restaurants and retailers to create the vibrant space in downtown Edmonds. She noted the importance of communication and recognized there may not always be a perfect solution for everyone, but hopeful reasonable solutions can be developed that work well for most businesses. Councilmember Paine expressed support for Councilmember Olson's request for a fuller discussion about the BID for educational and support purposes. Ms. Stuller said Ed! is more than happy to do that, but as volunteer board members, they are involved for the benefit of the community. If businesses are not finding it beneficial, that would be helpful to know; the idea is for it to work for everyone. Mr. Doherty advised this is on the agenda for potential action, to approve the 2021 work plan and budget. Once it is approved, it will be incorporated into the 2021 budget. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE EDMONDS DOWNTOWN ALLIANCE 2021 WORK PLAN AND BUDGET AS PRESENTED. Councilmember K. Johnson asked if the Council was voting on a presentation or a discussion item. Mayor Nelson advised there had been a motion to approve during a study item. Councilmember K. Johnson said process reasons the motion was inappropriate. It was not on the agenda for action and it was intended to brief the Council and give the community an opportunity for input. For Mayor Nelson said the Edmonds City Council Approved Minutes November 24, 2020 Page 11 Council can make a motion at any time to take action. He relayed Councilmember K. Johnson's point was not taken. Councilmember Olson suggested scheduling it on the Consent Agenda to provide an interval for comment from the public. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO AMEND TO SCHEDULE IT ON THE CONSENT AGENDA. Councilmember Distelhorst referred to Mr. Doherty's statement and as stated in the packet, the motion is preliminary approval and it is then incorporated into the budget where it would be approved by the Council's approval of the budget. Mr. Doherty advised the Council accepts the work program; he did not recall a time when the Council had made a change to the work program. This is a two part approval, accepting/approving the work program, but the major action is approving the budget which is the first step and the second step is taken during approval of the budget. Councilmember Distelhorst said he was comfortable voting to approve the work plan and budget, knowing there will be a second vote with the budget. UPON ROLL CALL, AMENDMENT CARRIED (4-3), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS, OLSON AND PAINE VOTING YES; AND COUNCIL PRESIDENT FRALEY- MONILLAS AND COUNCILMEMBERS DISTELHORST AND L. JOHNSON VOTING NO. MAIN MOTION AS AMENDED CARRIED (6-1), COUNCILMEMBER K. JOHNSON VOTING NO. [Note: This vote was retaken below.] Mr. Taraday advised the Council needed to make a motion to place approval of the Ed! budget and work plan on the Consent Agenda. Councilmember Buckshnis relayed her understanding that Councilmember Olson's amendment was to place both the budget and work plan on the Consent Agenda. Councilmember Olson agreed that was her intent. Council President Fraley-Monillas said she thought she was only voting on the one item. Councilmember Distelhorst said the main motion was to approve the work plan and the budget Councilmember Paine relayed her understanding that the amendment was to move the work plan to next week's Consent Agenda. Observing that the motion had not been restated and everyone seemed to have a different recollection, Councilmember K. Johnson suggested the motion be restated and the vote retaken. Mr. Taraday said that would be appropriate since there was some confusion about the final vote. Councilmember Distelhorst restated the motion, incorporating Councilmember Olson's amendment: TO HAVE THE EDMONDS DOWNTOWN ALLIANCE PROPOSED 2021 WORK PLAN AND BUDGET PLACED ON NEXT WEEK'S CONSENT AGENDA. COUNCIL PRESIDENT FRALEY- MONILLAS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2. PRESENTATION OF CODE CONCEPTS FOR STREATERIES AND OTHER OUTDOOR DINING Development Services Director Shane Hope reviewed: • COVID 19 has changed the way we live Edmonds City Council Approved Minutes November 24, 2020 Page 12 • Examples of Quick City Action under COVID o Outreach to businesses o Outreach to construction industry o Expedited online permitting o Coordination with governor's office and agencies o Site inspection program for businesses (re: COVID protection standards) o Main Street area for pedestrians (program now closed) o Short-term parking signage to allow take-out/pick-up • Special Event Permit — Temporary Mitigation o A special event permit was authorized in August to allow dining in designated vehicle parking spaces ■ Originally through Oct 11 ■ Extended through Nov 8 ■ Extended through Dec 31 or Council adoption of streateries ordinance, whichever sooner o Liked by many people x Helps keep small businesses alive ■ Brings festive atmosphere to community ■ Allows users to dine in public place, but still have fresh air and spacing Governor's Orders o Numerous orders issued during 2020 to help protect public health during pandemic o Newest order affecting restaurants issued November 15 M Prohibits indoor services for restaurants and taverns • Cities can take actions to make easier to eat outdoors if choose Two concepts are proposed for code updates this year 1. Streateries (parklets allowing dining/beverage service in designated vehicle parking spaces within ROW) o Applicable citywide, adjacent to commercial uses where street parking spaces are available o Subject to individual permits for up to one year with 6-months extensions possible o Dining on raised platforms, flush with sidewalk, to provide ADA accessibility o Maximum 2 parking spaces per use o Safety standards (e.g., fire and structural safety) to apply o Insurance and "hold harmless" agreements by applications required o Some aesthetic guidelines preferred o Limitation on total number of parking spaces; process being worked out o Must meet state and health district standards (incl for social distancing( o Must have reflective lights for night-time o Applicants to pay cost of platforms, safety barriers, liability insurance, etc. o Staff has been checking what other cities are doing for streateries 2. On -Site Outdoor Dining (allowing more opportunities for outdoor dining on private property, not in ROW) o Allow under simple permit process, without going thru a conditional use permit process o Allow on business property, such as on deck or patio or in parking lot o One-year time period but could be extended o Allow some on -site parking spaces to be used for outdoor dining without requiring new parking spaces o May include canopy or awning o Ensure safety standards (e.g., for heaters) are met o Must have ADA access o Must meet building setback standards Next Steps Edmonds City Council Approved Minutes November 24, 2020 Page 13 o Emergency ordinance being prepared for Council consideration ASAP to provide for streateries as 1-2 year pilot project ■ Planning Board review not required because the ordinance would amend Title 18, which is mostly is not under Planning Board purview o Emergency interim ordinance (short term) being prepared for Council consideration ASAP to provide a simpler process for on -site outdoor dining ■ Planning Board review would occur after the interim ordinance adoption ■ Options could then be recommended for longer -term change to codes affecting on -site outdoor dining Mayor Nelson advised Council questions would be taken in a round robin format with Councilmembers asking one question during their turn. Councilmember Paine asked if sidewalk cafes were envisioned along with streateries. Ms. Hope said that might work in areas where there were only a small amount of sidewalk cafes and there was space for a limited number of streateries. Councilmember Olson asked if Bend, Oregon, had been vetted as a model; she has heard good things about what Bend is doing. Ms. Hope said staff had also heard about Bend but had not looked at many cities other than Portland, Vancouver and Seattle; Bend may be a good one to consider. Councilmember L. Johnson anticipated there would be increased need for parking for restaurant takeout under the current conditions. She recommended finding a balance and asked if a business would be allowed to have both, two parking spaces for a streatery and parking for takeout/pickup, or would there be a per business limit. Ms. Hope answered the recommendation has not yet been finalized but the thinking was that one single business would not need both. Scattered parking would remain for pickup/takeout for restaurants and other stores. She did not envision individual businesses with a streatery would have dedicated parking for pickup/takeout. Councilmember K. Johnson commented this is a very interesting regulation. As previously mentioned, consideration needs to be given to how many parking spaces will be used for parklets as well as whether a restaurant has sidewalk dining, pickup parking or other off-street dining opportunity; those issues need to be balanced and addressed. She asked how parking spaces translated into social distanced dining, how to ensure people eating outside were not in the spray of COVID. She also requested staff consider the environmental impacts of using outdoor gas heaters in the wintertime which have been identified as very environmentally negative. She concluded there was a lot to consider and she welcomed the opportunity to look at this again. Ms. Hope said those are exactly the questions staff has been working on and hopes to come back to Council with a balanced approach, especially taking into account the gas heaters. She assured the proposal regarding gas heaters will be carefully considered by staff. Councilmember Buckshnis thanked Ms. Hope for answering her questions. With regard to legalities, she recalled interim ordinances were typically no longer than six months. She asked if this was technically vacating the right-of-way to the restaurateur and if so, could that result in a lawsuit. She felt it was a great concept but those were her issues. Ms. Hope answered other cities have done this and it seems to work. The concept is not to give up the spaces permanently, but to allow them for public use that favors the businesses. It is not a permanent donation to a private business and the business would also pay for a permit as well as the required equipment and be required to remove equipment at the City discretion. This is a pilot project proposed as an emergency ordinance that would sunset. The proposal for onsite dining is an interim ordinance while a more permanent ordinance is worked out. Councilmember Buckshnis asked if staff knew about any lawsuits. City Attorney Jeff Taraday said he had not heard of any. Edmonds City Council Approved Minutes November 24, 2020 Page 14 Councilmember Distelhorst thanked Ms. Hope for including the ADA and Snohomish Health District and other health guidelines, recalling those both arose in the Recovery Taskforce meeting. With regard to jersey barriers, he asked if there would be a requirement for the water filled jersey barriers to be filled versus empty. Ms. Hope relayed her understanding that some of the water -filled jersey barriers were filled when placed and had leaked. Other barrier options include sturdy structures that contain safe plantings. She assured inspections would also be conducted to ensure it remains the way it was intended. Council President Fraley-Monillas recalled a restaurant this summer that blocked off the sidewalks with rope, causing pedestrians to leave the sidewalk to go around. She had brought this to Ms. Hope's attention and assumed that had been taken care of. Ms. Hope assured it was never allowed and had been removed and not replaced. Council President Fraley-Monillas recalled roping off the sidewalk from the edge of the building through the parklet made it uncomfortable for people walking on the sidewalk. With regard to aesthetic issues, Councilmember Olson recalled preferred colors would be recommended. She supported that idea although she preferred dark green and burgundy in addition to white. If the proposal is somewhat temporary and intended to help businesses, she suggested allowing those who have already purchased items to use of what they have as long as they meet the other requirements, and when the items are replaced, they should be the preferred colors. Councilmember K. Johnson said a pilot project for 1-2 years is excessive. She did not expect the COVID situation to last two years so anything that was done should be on a short tern basis. Councilmember Buckshnis asked why there was a rush to get this done by year end when there was the option for a special event permit. Ms. Hope said the thought was that businesses were affected right now; the option for a special use permit was extended, but that could not be done indefinitely. The idea was, before businesses go to the trouble of building a platform, moving equipment outside, etc., to give them some assurance that it would be allowed for more than a couple weeks or a month Council President Fraley-Monillas commented whatever can be done to assist businesses in staying open is the responsible thing for Council to pursue for a number of reasons. She looked forward to seeing the finished version. Councilmember Olson said businesses do not always have the capability of building platforms, etc. She suggested the City compile a team of handymen/women who would be willing and able to help with the construction, even on a volunteer basis, noting she has one of those people in her family who would be willing and able to help. Councilmember Olson asked if the ordinance could be crafted to sunset with state emergency order for the pandemic instead establishing an arbitrary period that may need to be altered. Ms. Hope said that could be considered; she proposed bringing back an ordinance with choices for Council consideration. Councilmember Olson said whatever number of spaces is determined, at least two spaces should be left between barriers because leaving one spot makes it awkward and difficult to park so it is not used. When/if the City wants to offer this as a longer term solution instead of in response to the pandemic, she suggested the footprint of the additional square footage be included in the business' BID assessment. She did not recommend that in the short term when businesses are trying to survive. She suggested the businesses who benefit from the use of the right-of-way think about ways to help their neighbors such as a coupon in to -go orders or marketing neighboring businesses so they realize some benefit as well. Councilmember Buckshnis agreed with looking out for restaurateurs, noting some streateries/parklets have been done nicely, for example Chanterelles. She asked if they would be required to rebuild theirs or Edmonds City Council Approved Minutes November 24, 2020 Page 15 could they continue with a special event permit. Ms. Hope answered they would need to put up a platform because that provides ADA accessibility and keeps people off the wet street. If they are otherwise meeting the requirements, they would not have to redo their streatery although they would need insurance, etc. 3. A RESOLUTION TO RECOMMEND SUSPENDING THE ISSUANCE OF DRIVING WHILE LICENSE SUSPENDEI] IN THE THIRD DEGREE DWLS III CITATIONS Councilmember K. Johnson asked if she could make a statement. Mayor Nelson answered no because the meeting was running behind. Councilmember K. Johnson said she would make her statement later. Councilmember Distelhorst explained last spring Councilmember Paine and he looked at what other counties and cities in Washington were doing to see if there was a way Edmonds could handle DWLS III cases in a more equitable manner. The overall goal was to get people relicensed; however, that approach over the last 27 years since DWLS III was passed as a criminal offense had not occurred. It has become the most charged crime in Washington State while traffic crash data has not materially improved. He reviewed: + Three main goals of moving on from DWLS III o Equity ■ DWLS III disproportionately impacts lower -income and communities of color ■ Unnecessary exposure to the criminal justice system further harming those with less economic security o Reprioritizing to crimes related to public safety ■ All court stakeholders can focus on more important public safety issues o Potential for significant cost savings ■ Public Defender Contract ■ Prosecutor Contract ■ Jail costs Councilmember Paine reviewed: • DWLS III vs NVOL II flowchart Unpaid infraction/failure to appear Relicensing License suspended -+ y NVOL II, civil infraction, payment plan established y E DWLS III criminal citation y Potential Jail Time U Councilmember Paine explained other jurisdictions have moved to this via a diversion or deferment program. As part of this proposal, the Public Defender and the City Prosecutor would present a program that would work best for them. The ultimate goal is to get people relicensed. Programs such as UP (unified payment) allow people to have all their matters, including from other jurisdictions, pulled out of collections, establish payment plans and get relicensed. The ticket for a NVOL II is a serious ticket (similar to speeding in a school zone or driving without insurance) and can cost $500-$550. Councilmember Distelhorst reviewed: Various examples in Washington State o Lynnwood: moved to NVOL II —3 years ago; maintains DWLS III option for instances of DUI, Reckless Driving, other criminal offences o Snohomish County, Seattle, & King County: diversion and relicensing programs Edmonds City Council Approved Minutes November 24, 2020 Page 16 o Vancouver & Clark County: diversion and license restoration programs o Spokane area: relicensing program covers City of Spokane, County of Spokane, Pend Oreille County, Medical Lake, Airway Heights and Cheney o The Washington legislature has tried to address this but their efforts have not yet been successful. High probability it will be considered again in the 2021 session. o The ACLU recently sued the Washington State Department of Licensing over the criminal DWLS III infraction. Councilmember Paine reviewed: Recommendations in the resolution: o The resolution is consistent with the action taken by Mayor Nelson and Acting Chief Lawless on Nov. 5, 2020 o Short-term: ■ Utilize No Valid Operator's License (NVOL II) civil infraction in lieu of charging for DWLS III o Long-term recommendations: ■ Utilize NVOL II when appropriate and guide toward relicensing program ■ Justice stakeholders encourage utilization of the existing Legal Financial Obligations (LFOs) relief petition and consider joining a suitable payments system such as the Unified Payment (UP) Program ■ Justice stakeholders establish benchmark goals related to addressing LFOs and subsequent relicensing, and the City Prosecutor and Public Defender Association provides an annual report on the results ■ This would make a significant improvement in equity in the City's criminal justice system and reflects that people drive everywhere and their license can be suspended in other cities/counties. It is not just Edmonds tickets that will suspend a license so a broader, community approach is necessary and will be addressed via the UP program. Councilmember Paine hoped to have the resolution on next week's Consent Agenda. Councilmember Olson thanked the City Prosecutor for bringing this to the City's attention this spring. She also thanked Councilmembers Distelhorst and Paine for their work. She was excited about this change and appreciated the very complete information they brought forward which made her comfortable with the concept. Councilmember L. Johnson thanked Councilmembers Distelhorst and Paine for taking the initiative. This is one element of rethinking how criminal justice can be more equitable and how to stop the unnecessary "hamster wheel" that leads to people getting wrapped up in system and not having justice in the end. This is the perfect type of undertaking and thinking that is needed going forward. Councilmember Buckshnis expressed appreciation for this proposal and for Councilmembers Distelhorst and Paine taking the time to explain it. She asked if the resolution simply supported what Mayor Nelson put in place or did it do something else. CouneiIinember Paine answered it synchronizes what Mayor Nielson put in place and requests data collection for providers. Councilmember Distelhorst agreed it established policy direction that further reinforces the action Mayor Nelson has already taken and provides guidance to court stakeholders. Councilmember K. Johnson read a statement: "Based on the advice of legal counsel, I have a personal interest in this subject manner and therefore I will not attempt to influence the discussion and I will not vote on this matter. This is in order to recuse myself." Edmonds City Council Approved Minutes November 24, 2020 Page 17 COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO PUT ON CONSENT NEXT WEEK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, EXPRESSING SUPPORT FOR THE DEVELOPMENT OF A DWLS III DRIVING WHILE LICENSE SUSPENDED THIRD DEGREE PROGRAM UTILIZING THE USE OF PROSECUTORIAL DISCRETION AND OTHER METHODS PROMOTING SOCIAL EQUITY AND PUBLIC SAFETY. Councilmember Distelliorst thanked Mayor Nelson for his support and for the court stakeholders' support, recognizing that putting this together took a lot of work. Councilmember Paine expressed her thanks to Mayor Nelson for his actions that got this rolling in the right direction. It has been an interesting project working with all three branches and included a lot of moving parts. She appreciated everyone hanging in there and participating and all the work done by everybody, particularly the Administration. MOTION CARRIED (6-0), COUNCILMEMBER K. JOHNSON RECUSED HERSELF FROM THE VOTE. Mayor Nelson announced the time was 9:05 p.m. and the next agenda item may eat into the time allotted for budget deliberation. Councilmember Buckshnis raised a point of order; this is the Council's meeting and if the Council exceeded the time allotted, that was what happened. She respected that Mayor Nelson was keeping track of the time, but wanted to ensure Councilmembers got all their questions answered. Mayor Nelson said he was trying to keep stay on track and to manage the meeting as productively as possible to maximize everybody's time. He agreed it required Councilmembers to be okay with that. Council President Fraley-Monillas hoped Councilmember were getting their questions answered offline and not waiting until the Council meeting to ask questions. If the Council plans to deliberate, they will need all the time they can get and do not need to waste time with a billion questions that can be dealt with offline. She encouraged the Council to do that so the process can occur in a collaborate way. 10. ACTION ITEMS 1. EMERGENCY ORDINANCE PROVIDING MAYOR TEMPORARY AUTHORITY TO USE TOOLS TO ADDRESS ECONOMIC EMERGENCY Development Services Director Shane Hope explained this is a draft emergency ordinance recognizing that sometimes the City does not have all the answers or information about what is going to happen, particularly with COVID and the economic crisis that it can generate. The intent is to manage the health crisis as well as the economic crisis. Instead of just managing via emergency orders when something happens, the draft emergency ordinance would facilitate being ready for it, not knowing exactly what would happen. Mayor Nelson offered context, stating he realized some people get excited when there was an ordinance referencing the Mayor's powers. The purpose of the ordinance is to help save businesses so they do not go under and to keep residents safe during a pandemic. He met virtually with small businesses immediately following the latest restrictions which, although they were put in place to save lives, also directly impact businesses. He has listened to their cries for help, heard their frustration with the City not being able to process permits or other things fast enough and the hurdles they face because the City is following the code and the law. These are unprecedented times and there needs to be an unprecedented Edmonds City Council Approved Minutes November 24, 2020 Page 18 response. Business as usual will not save businesses; the normal processes were never designed for operating during a pandemic or a prolonged national emergency. Mayor Nelson pointed out the Council is a deliberative body and have a wonderful reputation for getting into the finer details which is great during normal times. During normal times picking the right design for a welcome sign is a reflection of the deep interest in the community. These are not normal times; City staff are responding to an economic crisis and their hands are tied. This is a critical opportunity to give City staff the ability to appropriately respond to this moment when it matters most. Options are running out for containing the virus and to save the local economy. A lot of people talk about what is happening in Seattle where block after block of businesses are boarded; Edmonds is getting there. The numbers in this wave are so much worse than in the past; hospitals will fill up and there will be more restrictions. Mayor Nelson said some people want examples of what the ordinance will allow; right now the restrictions affect restaurants and gyms. Next week, it could be the closure of all retail; he did not have a crystal ball. The streateries are an example of the deliberative process and that has taken months. Some of the restaurants that will benefit from streateries will not be in existence because the process is taking too long. Restaurants are left to function week -by -week and they cannot survive. This action can make a difference and help them. He provided an example of a restaurant that wants a permit approved, he has heard that it is taking three months. If there are 50 seeking permit approval at the same, it is not practical to hold 50 emergency meetings, that is not how the City operates. Mayor Nelson summarized that is the intent behind this ordinance. Although he would have loved to meet with each Councilmember and spend an hour with each one explaining why this is necessary, he does not have the time right now. The governor is changing the COVID response every day and staff is adapting in addition to everything else. At the end of the day, this is really about saving businesses, keeping them afloat and keeping citizens safe. The Council can make that difference and he hoped they would take that advantage. Councilmember Olson referred to Mayor Nelson's comment about 50 permits, suggesting if they were all for same kinds of things, could the Council have one Zoom meeting to review them and then vote. She recalled earlier this year the Council was contacted regarding an emergency meeting at noon on a Sunday and that meeting was held at 2 p.m. the same day. The Council is willing and able to do their jobs and can recognize the difference between things that are emergencies and need an emergency response for the sake of businesses. The Council just wants to be part of that process and the oversight. There is a reason there is more than one branch of government and the extra eyes are part of that oversight responsibility and value. Mayor Nelson asked Ms. Hope to describe how Council would be informed. Ms. Hope said one of the challenges is staff does not always know what will come up; sometimes it happens piecemeal or because of an immediate order and there are only 24 or 48 hours before it goes into effect so the City needs to be able to respond quickly. The example of something taking three months is probably a conditional use permit (CUP) process that is required for some outdoor activities. An ordinance has been proposed to address that, but Council consideration of that ordinance has also taken time. The idea was to provide limited ability for the Mayor to act only for an economic crisis related to COVID, not a broad branch thing, and then report to Council regarding any actions taken. The Council could remove that authority if it seemed unreasonable. She said that was one example of something happened, but there could be plenty of other things that come up and over the holidays it would be even harder. Mayor Nelson said what he heard from the restaurants was not just one thing; every restaurant, every business had a different problem. Edmonds City Council Approved Minutes November 24, 2020 Page 19 Councilmember K. Johnson raised a point of order, stating Mayor Nelson was beginning to testify and he had already been given an opportunity to speak. He is presenting this to the Council for deliberation. Mayor Nelson advised point taken. Council President Fraley-Monillas observed the way the ordinance is written, it is only up to 90 days. City Attorney Jeff Taraday agreed that was correct. Council President Fraley-Monillas asked if the Council could pull it back at any time. Mr. Taraday agreed the Council could repeal the ordinance sooner than 90 days if they became dissatisfied. Council President Fraley-Monillas observed if something happened on a Sunday, technically the Council could withdraw the ordinance on a Tuesday. Mr. Taraday agreed that could be done. Council President Fraley-Monillas said a few Councilmembers have called her to discuss this. She has a great deal of passion about this issue and has grave concerns about businesses in the City. She has spoken to multiple businesses who all say the same thing, they need to be able to move very quickly. With regard to the Council's process, there is a perception that the Council "cannot move if our life depended on it." For example, tonight it took the Council 20 minutes to approve the agenda. She absolutely believed that this needed to be done for 90 days, pointing out it only affected COVID-related issues, not other issues. Council President Fraley-Monillas expressed support for Edmonds businesses; whatever the Council wants to do is up to them but she very much supports the businesses and they are asking for help before they have to shutter their doors. She also had faith in Mayor Nelson that he would not use this as opportunity to build a bridge on the beach or do anything that was abnormal or outside the realm of possibility. Mayor Nelson has been honest and true with the Council during the past year. She acknowledged he has moved too fast on occasion and has had to back up, but that was a learning experience. She believed in Mayor Nelson fully and that he would do the right thing to protect Edmonds businesses for the next 90 days. If Council believes this is problematic, the power could be pulled back. This isn't giving Mayor Nelson total authority to do whatever he wants in the City, it is only related to COVID type issues. Council President Fraley-Monillas asked how reports would be made to Council. Ms. Hope answered reports would be provided both in writing and at a Council meeting regarding anything that was done. For example, if standards needed to be quickened up, that would be reported back to the Council and the Council could take action or consider it. Council President Fraley-Monillas suggested reports could be provided the week after something was done. Ms. Hope answered absolutely. Council President Fraley-Monillas said she has been reading all the citizen emails and many are from the same people who weigh in on multiple issues. None of them are actually from business owners affected by COVID. They are from citizens that are perhaps armchair quarterbacking to determine what should or should not happen or people who have never liked the current administration and are looking for a hole to punch in it. If Councilmembers really support Edmonds businesses, they will give the City the flexibility to use funding or things they have available within their toolbox to help the City and the businesses. She noted this is not just businesses downtown, a lot of businesses on Highway 99 have shuttered and will continue to shutter even more than downtown businesses. Councilmember Distelhorst expressed appreciation for Mayor Nelson's work on behalf of businesses and the City. As the Council liaison to the Recovery Taskforce, Ms. Hope and Mr. Doherty can attest to the fact that he has been at every Recovery Taskforce meeting for the last eight months. He assured there were Councilmembers who share the level of concern and desire to act on behalf of small businesses and would welcome virtual hand -in -hand collaboration to ensure businesses and residents are taken care of. He asked what powers were available for issues like suspending Title 3 related to revenue and finance, how could budget items be used. Mr. Taraday responded his understanding was there was no intent in the Edmonds City Council Approved Minutes November 24, 2020 Page 20 ordinance to give the Mayor unilateral budget authority. Councilmember Distelhorst asked whether it granted that power, intent versus authority. Mr. Taraday said as far as he was concerned, it did not grant that power. Councilmember Buckshnis said she had sent a lot of questions to Ms. Hope but had not gotten any answers so did not have enough information. She has also spoken to businesses. Emergency ordinance 6.60 gives the Mayor plenty of responsibility and action which he has already taken without Council oversight. In her opinion, the ordinance was way too broad and gives away too much responsibility. She did not like to be shamed by saying if she did not vote for the ordinance she was not supporting Edmonds businesses. She supports a comprehensive action where there is an administrative branch and a legislative branch. With Zoom, the Council can easily meet during the holiday season. For example, she participated in Council meetings via Zoom when she was in Virginia. Councilmember Buckshnis said she did not have enough information to support this drastic measure; she did not believe in hearsay and would like to have statistics. With regard to the 50 permits, she asked what they were for. There is already an emergency ordinance in place as well as the Comprehensive Emergency Management Plan that has never come back to Council. She recalled when the Council met in March to establish emergency ordinance 6.60, the Council was told it would come back in six weeks, but it never did. She suggested calming down and figuring out exact what the issues were and what the ordinance attempted to achieve. She agreed the City wants to save businesses; the BID presentation said things were going fine. She knew everything was not going fine because she was downtown a lot, but restaurants seem to be doing alright now with the outside streateries. She reiterated she needed more information, needed to understand the issue more completely and have her questions answered, not just a response that they would be discussed at the meeting. Now the Council is being put on the spot and expected to provide a yes or no answer when they have insufficient data to support the request. Councilmember Buckshnis did not support approving the ordinance now without sufficient information to understand what 50 permits were needed, commenting if they were CUPs, those did not go to Council anyway unless they were a Type IV or V. She did not have enough information to understand why the Council would give the Mayor complete control over seven titles for 90 days. She assured Mayor Nelson that she thought he was doing a great job and her comments were not intended as criticism. She has had more citizens call her than she has in the last ten years so she knows everybody is anxious and concerned. She could not approve this broad an ordinance at this juncture. Mayor Nelson requested Councilmembers refrain from making personal remarks. He asked Ms. Hope to explain how and why these titles were selected. Ms. Hope answered for example the streateries and outdoor dining impacted about four titles. There could also be things that come up related to fees that would be related to the revenue title so a broad approach was taken to consider which titles could possibly be affected. Again, not giving the Mayor the authority to do anything other than deal with economic issues, the crisis created by COVID. Some of the titles may never be used even if the Council approves the ordinance but the intent was to identify provisions in the codes that may be needed that could not be predicted at this moment. Councilmember L. Johnson relayed the ordinance was written to say that it would apply to City's emergency economic response authorizing the Mayor to use public rights -of -way and other public real property to support the City's emergency economic response. She asked for a fuller picture of what "other public real property" this was talking about. Mr. Taraday said he did not have anything specific in mind except the possibility that a City owned parking lot could be used for something but he was unaware of any proposal to do that. The intent was to create a vehicle that would allow for quick response as needed. Economic Development/Community Services Director Patrick Doherty said there is other property the City owns such as parking lots or maybe a portion of a park. Right now there are greater restrictions for Edmonds City Council Approved Minutes November 24, 2020 Page 21 restaurants, gyms and bars and future restrictions are unknown, for example next week there could be restrictions on all retail and only grocery stores and pharmacies allowed to remain open. The intent is to be nimble and able to respond with orders that could come from the City. The governor issues orders as conditions change and the City needs to respond them at the City level as conditions change, sometimes changing twice a week. Public property could include allow gyms to hold classes in parks which is allowed to the extent possible now, but more flexibility may be needed in the future. Councilmember L. Johnson asked what four codes were impacted by streateries. Ms. Hope answered 17 (general zoning), 18 (public works), 19 (building), and 20 (procedures). Councilmember Paine referred to Section 1 of the ordinance which contains references to economic emergency, but it is not specific to the current COVID emergency. She understood it was intended to be limited to COVID, but it does not reference COVID. She said an economic emergency could be something that is not specific to COVID, and someone else's idea of an emergency. If this is an emergency and emergency is action taken, the ordinance states Council will be informed within 30 days, which she said seemed like Council was a bit of an afterthought. She was certain that was not the intent but if everyone is on the same team, she wanted that recognized in the ordinance. Mr. Taraday said whereas clauses set the context for the phrase economic emergency and certainly do mention COVID and emergency orders issued by the governor. Ms. Hope said there are 1-2 things that could be amended such as the number of days for reporting to Council. Councilmember Paine asked if there was a reason for selecting 30 days. Mr. Taraday responded no. Councilmember K. Johnson offered to put this in context by citing the RCW for Edmonds as a second class city. The Mayor is the CEO and administrative officer. He shall see that all the law and ordinances are enforced and that law and order is maintained. He is also to report to the City Council concerning the affairs of the City and its financials and ordinances and shall make recommendations for City Council consideration and action. She said what troubled her most about the emergency ordinance was a pattern of action and decision making in 2020. Mayor Nelson has used public announcements as the main tool for advising the City Council. He did this for the appointment of the acting director for finance and police. Council President Fraley-Monillas raised a point of order, stating the comments were getting off topic. Councilmember K. Johnson disagreed. Council President Fraley-Monillas said giving a laundry list of prospective problems was off topic. Mayor Nelson said Councilmembers will refrain from making personal remarks about members of the body. COUncilmember K. Johnson asked if Mayor Nelson wanted her to continue or to skip that part. Mayor Nelson suggested if it was a continuation of personal remarks about people on the body that she should move on. Councilmember K. Johnson summarized from her perspective, there had been very poor communication between the City Council and the Mayor's Office. Councilmember K. Johnson said the City Council has met with the Mayor several times this year without the benefit of an agenda and at unusual times and places which shows the Council's flexibility to meet with the Mayor and obviates the need for emergency measures. The City Council holds the authority and may delegate certain powers to the Mayor such as purchasing power up to a certain dollar amount. The Mayor does not inherently have these powers, but in an atmosphere of trust and respect, the Council may grant these powers to the Mayor. She was aware of several instances where trust and respect were lacking. She strongly objected to giving Mayor Nelson unlimited and unspecified powers either on an emergency or non -emergency basis. Instead, she respectfully requested the Mayor work more closely with the City Council on matters that require Council action. She pointed out Mayor Nelson is not the chief legislator of the City, he is the chief executive and the City Council is the executive body. She paraphrased key points from citizen comments sent to all Councilmembers: it is ill advised to give the Mayor the power to basically do whatever he wants, to grant him the right to spend funding and do Edmonds City Council Approved Minutes November 24, 2020 Page 22 whatever is just too far. He ignored the rules for replacing the police chief and has not replaced the finance director and has not shown any reason... Council President Fraley-Monillas raised a point of order about Councilmember K. Johnson's comments. Mayor Nelson requested Councilmember K. Johnson refrain from repeating personal remarks on behalf of someone else on this body. He was trying to follow Roberts Rules of Order and she was continually violating them and disrupting the body. Councilmember K. Johnson apologized and offered to relay comments that were acceptable. One citizen said the City Council is very agile and has met virtually every week so there is no reason that the experience, expertise, and analytical ability of each Councilmember should be diminished. It is an illogical assertion that one elected official can govern more effectively than the group of eight that can work as a team. Language in the proposal already grants oversight to the mayor and staff. This is exactly what the safeguards of power are supposed to avoid. If approved, the Council is rendered ineffective and this is disturbing because the Council are the eyes and ears of the City. Councilmembers look to the citizens of Edmonds, not the Mayor. To inform Council about a decision 30 days after it happens is difficult to reconcile and is insulting to the Council, citizens and already too late. Councilmember K. Johnson summarized it was not a question of whether the Council supported an individual, but the correct roles and responsibilities between the three branches of government. Mayor Nelson asked Mr. Taraday to respond to Councilmember K. Johnson's comments about the City's classification and whether the Council was a legislative body or executive body. Mr. Taraday said the statute Councilmember K. Johnson quoted was regarding a second class city, Edmonds is a code city. Many of the statues are phrased similarly and he would need to compare them side -by -side. Under normal circumstances, the Council is the legislative body and the ordinance would not be proposed if the City were operating under normal circumstances. The policy question for the Council is really to what extent does the Council want to deviate from normal operations in order to act in a swifter way than normal. Council President Fraley-Monillas said in speaking with the businesses, meeting once a week may not be enough because things may need to occur between meetings. For example, the Council meets on Tuesday, on Wednesday there is an order from the governor or the health district and they have to move quickly. A week is a long time for a restaurant, store or service in Edmonds and the Council is not able to provide the instant movement they may need. With regard to the comment about everybody just needs to calm down and relax and do this in an organized manner, she did not disagree with that, but somebody needs to tell the businesses to calm down while they are losing their business, going to lose their house, losing their staff, etc., all because of COVID. Council President Fraley-Monillas said she serves on the Snohomish Health Board, Snohomish County has more cases now than there have been during the whole pandemic and it has become a very serious situation. To say this will be over in a year, she was glad someone had a crystal ball because the doctors don't even know what will happen. She suggested Councilmembers put themselves in the shoes of the businesses, restaurants, and services in Edmonds and understand that this is their livelihood. She said it seemed so silly, the Council would not approve an emergency ordinance for this but were willing to approve an emergency moratorium three weeks ago related to building and trees. The proposed ordinance is related to people and survival. Councilmember Buckshnis raised a point of order, stating the Council did not approve an emergency moratorium on trees. Council President Fraley-Monillas said an emergency ordinance was passed on whatever recently. She encouraged Councilmembers to speak to store and restaurant owners. To those who say they spoke with businesses, she offered to provide names of business owners they needed to speak to and tell them to calm down and don't worry about it. Edmonds City Council Approved Minutes November 24, 2020 Page 23 Councilmember Distelhorst said in his research on COVID-19 related emergency declarations and authority on MSRC he did not find anything similar to the proposed ordinance. Most of the actions that municipalities have taken have been more consistent with what the Council did earlier in the pandemic. He asked if staff had any examples where municipalities in Washington or other states had taken action like this that MSRC slid not capture. Ms. Hope answered staff did not research what other cities might have done. This was in response to the awareness that emergency conditions may arise and the desire to provide the Mayor the opportunity to act quickly and then bring that back to Council as quickly as possible. She said there were likely examples than were not found on the MSRC website. As small business owner herself, Councilmember L. Johnson fully appreciated the circumstances that small businesses are facing. She was not a restaurant owner so in that regard she was fortunate, but she was definitely keeping their needs in the forefront. As a legislator, this is broad and is asking a lot of Council. She would like to see something written into this that would require if any action was taken, the Council receives immediate notification and the Council has the option of calling an emergency meeting to discuss the action or say they are comfortable waiting until a presentation is provided at the next immediate following meeting. The ordinance needs to be tightened up so that Councilmembers are comfortable on both ends, serving businesses while ensuring as elected officials they are not giving up more powers than they should. Councilmember Olson said her thoughts were very similar to Councilmember L. Johnson. There are multiple branches of government for a reason and Councilmembers are willing and able to do their jobs. This is not a matter of supporting businesses and residents, she is willing to do the job for businesses and residents every day. She supported the Administration asking the Council what needs to be done and the Council will say yes or no on the spot. Councilmember Buckshnis reiterated what had been said regarding the Zoom format, the Council has met on a Sunday and on a Friday. She referred to the original ordinance approved in March, Section 6.60.090, subsections F and H which give the Mayor the ability to close public rights -of -way, parks, beaches, amusement areas, etc. and said she did not have enough information regarding why the current emergency code was insufficient. The proposed emergency ordinance gives all the Council's responsibilities and legislative abilities away. She already had concerns with the original 6.60 which has not yet been returned to Council. The Council needs to have more information about what is actually happening. It appears the governor's current restrictions are in place until December 18"'. If the governor says something else tomorrow, the Council can have a special meeting which she assured Councilmembers were willing to do. The Council needs to know why this was brought up, because on the surface there was a disconnect. The Council needs to maintain its legislative capabilities and oversight. Councilmember Paine asked if the permitting process itself was daunting or was there a staffing problem that could be remedied that was creating the three month delay to get a permit. She also asked whether any information had been provided by the governor's office about future restrictions. She understood the COVID-19 numbers have never been worse. Ms. Hope answered while staff is stretched and everyone is trying their best, the issue is primarily code procedures and the ability to waive some procedures so decisions can be made more quickly with regard to streateries, etc. For example requiring a CUP for a canopy during an emergency time seems unnecessary as long as other standards are in place. A CUP requires about three months and the Hearing Examiner process is fairly expensive and it is a one-off decision; each one is currently required to go through a CUP process. It would be very helpful if the code were relaxed enough to allow those to go forward more quickly via a temporary process. There may be other things that arise; operating during a pandemic requires learning as you go. The issue is primarily the process and things that arise such as materials, options, etc. Edmonds City Council Approved Minutes November 24, 2020 Page 24 With regard to the governor's orders, Ms. Hope said the current restrictions are for four weeks, but in the past those orders have been extended for long periods, sometimes reduced and then reinstated. The four week period is highly likely to continue for an indefinite period. The governor's office itself does not know how long the order will last; it depends on the conditions, number of cases, etc. The intent is to recognize and deal with the unknown, primarily with regard to regulatory procedures that could make it unnecessarily difficult for businesses. Council President Fraley-Monillas agreed with Ms. Hope's comment about the governor potentially extending the restrictions as he did with the restrictions imposed in March. The belief in the public health community was that was done to avoid mass panic. Some of what will occur in a month or so will depend on whether people wear masks and practice social distancing or do they get together for the holidays. She asked the number of votes needed to pass an emergency ordinance. Mr. Taraday answered an emergency ordinance requires five Councilmembers if the goal is for it to take immediate effect. Council President Fraley-Monillas said she hears three very clear no's at this point so questioned why the Council was continuing to debate this when it was 9:45 p.m. and the Council had another 60 minute agenda item regarding the budget unless the Council wanted to hold another meeting on the budget. Mr. Taraday said the ordinance could pass on a non -emergency basis with four votes and not take immediate effect. Councilmember Distelhorst commented the ordinance is a first draft, Governor Inslee had a news availability today and did not announce any new restrictions. There was a holiday weekend upcoming and it was unlikely there would be massive restrictions between now and next Tuesday. He expressed interested in having a tightened up version provided to Council next Tuesday with a much shorter timeline to notify Council as well as added clarity regarding the affected titles. Ms. Hope mentioned four titles but in questions he asked over the weekend the only example he heard was related to the streatery permitting process. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO TABLE THIS UNTIL NEXT WEEK AND COME BACK WITH A TIGHTENED UP VERSION AND CONTINUE DISCUSSIONS THEN. MOTION CARRIED UNANIMOUSLY. 2. BUDGET DELIBERATION AND OPPORTUNITY TO DISCUSS CHANGES TO THE PROPOSED BUDGET COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PAINE, TO EXTEND TO 10:30 P.M. MOTION CARRIED (6-1) COUNCILMEMBER K. JOHNSON VOTING NO. Acting Finance Director Dave Turley relayed this is an opportunity for Council to propose changes to the 2021 budget. It was his understanding from the previous discussion that Councilmembers plan to bring forward their ideas and discuss them, but not approve amendments tonight. He will take notes and develop a list of proposed amendments to provide context for next Tuesday's deliberations. Mayor Nelson advised Council questions would be taken in a round robin format with Councilmembers asking one question during their turn. Councilmember Olson proposed consolidating DP #11 and DP #35 for building maintenance with the justification that closing out the Building Maintenance Fund, DP 411, and moving the remainder, $210,222 to the General Fund for spending on anything suggests that the maintenance intended in those past years using those funds was completed. In fact, there is a $9 million backlog in building maintenance; DP #35 dedicated only $500,000 of 2021 money to building maintenance which was less than 6% of the need. The funds from dissolving the Building Maintenance Fund need to be retained for building maintenance and need to be moved to the Repair and Maintenance Project Fund within the Edmonds City Council Approved Minutes November 24, 2020 Page 25 General Fund, bringing the total available for 2021 expenditure to $710,222. She will provide the amendment to Mr. Turley via email. Councilmember L. Johnson said she provided her proposed amendments via email. Councilmember Buckshnis she had not had a chance read all the answers to the questions and asked if the Q&A would be included in next week's packet. Mr. Turley advised it would be added to the packet and posted online. Councilmember Buckshnis asked if the list of Q&A would be cumulative. Mr. Turley answered it would. Councilmember K. Johnson said she had received comments about the budget from individual citizens who have chosen not to speak at a public hearing. She asked if there was a process for inviting more citizens to participate in the budget review and/or to have another public hearing or a series of public hearing so people sending emails have an opportunity to speak to their issues. She asked whether staff responded when a residents sends an email. Mr. Turley said he tries to respond directly to any questions that come to him. He was uncertain what Councilmember K. Johnson was referring to in her first question, whether she was suggesting an open house be scheduled. The Council has had public hearings where the public has an opportunity to comment. If the suggestion was an opportunity for a dialogue, Mr. Turley suggested she be more specific. Councilmember K. Johnson said there is never a lot of public comment regarding the budget, yet in her opinion it was the most important thing the Council does. Residents will talk to the Council informally but there is never a good public dialogue. She suggested Mr. Turley brainstorm with the new public information person and return to Council with suggestions about how to better involve individual businesses and citizens in the budget process. Councilmember Distelhorst referred to DP 476, traffic signal upgrades, noting that one of the intersections, 100"'/220"', will soon be part of the connected bike network with existing bike lanes on 220"' and in the future on 100"'. He asked if tearing up the asphalt to install detection loops would include installation of bike detection loops similar to neighboring jurisdictions. Public Works Director Phil Williams said the design has not gotten to that level of detail yet. He will pass that suggestion on, noting detection loops for the bike lanes would be a nice feature. Councilmember Paine asked if staff had heard from Snohomish County Corrections about their proposed changes to prisoner care. Acting Chief Jim Lawless said their response has not changed and he was not overly confident there would be any change to their current proposal. Mayor Nelson advised this issue arose in a Snohomish County Mayors meeting and mayors were asked to express their concern to the Snohomish County Council. Councilmember Olson proposed consolidating DP #19, DP #22 and the Human Social Services administrative assistant proposed by Councilmember L. Johnson into one Human Resources DP #22 which would bring the total for those three human services related items to $596,902. Her justification for that change was transparency. Councilmember Buckshnis said she has received numerous emails and calls about the Human Services Department. She was not saying that people disagreed it, but she wanted to know if Mr. Doherty planned to make a presentation or provide data. She referred to questions she has submitted and the answer was that Mr. Doherty had answered the questions in several different emails. She has received several emails but specifics regarding the needs of the homeless, etc, have not been provided. She relayed questions such as what social services in Snohomish County do you intend to work with and how are will the Human Services Department identify citizens at risk? With all the questions she has submitted, she has not seen Edmonds City Council Approved Minutes November 24, 2020 Page 26 data or support to help her understand the magnitude of the department and the need for the $500,000 funding request. She asked if there were plans to provide any data to support the request. Mr. Doherty said his response will likely not be the data based response Councilmember Buckshnis was seeking. Irrespective of whether those three decision packages are combined, the principle of DP #22 is to create a Human Services program. Other cities between 25,000 and 100,000 population were analyzed and the average was about $11.90/capita, some higher, some lower. Calculating that per capita amount for Edmonds's population of 42,000 equals $500,000. It is important to understand that this proposal is approval of budget authorization to establish the program and several other steps to implement the program will come to Council for review and approval. If the Council approves the program and its other components, staff will first present the social worker position including the job description and information about the position in other cities such as how it relates to the Police Department, etc. to Council for review and approval. Mr. Doherty explained the next step would be to make contact with partnering agencies, three of whom the Council is already partnering with on the household and supplementary support grants. Mayor Nelson hosted a meeting with 20 agencies who provide assistance in the region to discuss the needs. There would be meetings and/or information sharing with the agencies that serve Edmonds to help identify and characterize human services needs and conditions in and around Edmonds including which needs and conditions may already be served by existing agencies. The City obviously does not want to overlap with existing agencies' work. There are service gaps; that was apparent in the meeting that Mayor Nelson hosted and that information would be presented to Council. The next step would be to present the Council a draft of human services goals and outcomes based on the service needs that were identified. That would be accompanied by a public hearing to get the public's input. The final step would be for the Council to adopt its 2021 human service goals and outcomes based on public input, identification of need and the Council's own input. Mr. Doherty said once that is adopted, which could be done relatively quickly such as in the first couple months of the year, a notice of funds would be provided to the various human services agencies in the region that serve Edmonds and they would provide proposals to serve the needs identified in the approved 2021 goals and outcomes. The Council would also identify a percentage weight for each of the goals and outcomes. Once the social worker position is funded from the $500,000, it leaves about $400,000 in direct services funds. The Council could identify a percentage based on the priority of its goals so agencies would have an idea of approximately how much money could be available for each of the goals and outcomes. Staff would review the proposals, present them to Council and Council would approve the contracts for direct service. Quarterly reports and a yearend report from the agencies would be required. There is nothing in the approval of the budget authority that requires $400,000 be spent. The total disbursed may be less than $400,000 if that is the level of need. The need may also be more, but it is not required that all the funds be disbursed. He summarized all those steps will happen through a review and approval process with Council once the program is approved. Councilmember Buckshnis said she submitted a lot of questions from citizens and some still needed to be answered; it would be very helpful to have them included in the packet. She thanked Mayor Nelson and staff for assisting with the questions she submitted. Councilmember Olson referred to DP #36, 2021 Commute Trip Reduction Employee Incentive, suggesting a one year pause on the program, a decrease of $36,000. The justification was that due to the pandemic the employees who can work from home are encouraged to do so. Other who need to work onsite may opt to avoid public transportation for safety reasons. Due to minimized benefits to employees and the environment, she suggested using the $36,000 to provide $18,000 to the Chamber of Commerce and $18,000 to the Edmonds Center for the Arts. Edmonds City Council Approved Minutes November 24, 2020 Page 27 Councilmember Distelhorst referred to DP #1 to which Councilmember L. Johnson has proposed adding $25,000 for a total of $75,000. The description appears to indicate this is an internal EDI, an assessment of employees and training for employees. He asked if the additional $25,000 would provide flexibility to do an assessment of EDI need in the community. HR Director Jessica Neill Hoyson answered the EDI work that the Equity and Justice Taskforce is working on is all focused externally. The proposed decision package would be to address internal training; possibly a portion could be used to address things the taskforce identifies and recommends to the Mayor for action. Additional funds would allow focus on more of an external program as well. 11. COUNCIL COMMITTEE REPORTS 1. COUNCIL COMMITTEE MINUTES 2. COUNCIL COMMITTEE REPORTS 12. MAYOR'S COMMENTS Mayor Nelson reported COVID numbers are exceptionally high and unfortunately hospital beds are starting to fill up. People may be confused by what ICU beds means; ICU beds are used for people who suffered a heart attack, involved in a car crash, have a head injury or are recovering from a serious surgery. Those ICU beds are running out. Eighty beds are filled in Snohomish County; once those beds are filled, there are no beds for someone with any other complication. It is not just people with COVID who are affected or die from the pandemic getting out of control; there will be no hospital beds for those without COVID who have some other emergency. In the past, cities and counties could rely on nurses in other states; those nurses are no longer available because there are staffing shortages everywhere. When there are reports that 46 Swedish employees have COVID or are out due to exposure they had outside the workplace, there are no replacements for them due to staffing shortages everywhere. Unfortunately, it will get worse; there is a lag between the number of positive cases and hospitalizations. That is the reason for the recommendation to avoid gatherings and to practice physical distancing. Mayor Nelson urged the public to keep that in mind, recognizing there are many messengers who should be saying this. He urged the public to look out for each other. He was thankful he lived in Edmonds during this time, that he works for Edmonds, for the dedicated City employees who serve the community, that he lives in a community that cares, and for residents stepping up to help their neighbors and complete strangers by volunteering at the food bank, the senior center and other places. He was thankful for his family whom, like everyone else, he wished he could see more of. He wished everyone a safe and healthy Thanksgiving. 13. COUNCIL COMMENTS Council President Fraley-Monillas hoped everyone has a nice Thanksgiving. She was thankful for her health, for her family and her family's health and she looked forward to getting the budget finished up in the next few weeks. Although she had been hopeful the Council would not have a meeting on December 15d', she was no longer sure that would happen. The holidays are the only time the Council has for a vacation during the year. She anticipated the Council would not meet on December 22"d or 29"' and then would begin meeting again on January 5d'. However, if the Council could get its work done in an organized fashion as was done last year, the Council could be out by December 151". She urged Councilmembers to keep that in mind that this is their opportunity to have a couple weeks off to do something with their family or whatever they chose to do. Edmonds City Council Approved Minutes November 24, 2020 Page 28 Councilmember Buckshnis said she was thankful for the citizens of Edmonds, for the beautiful City and for residents who look out for one another. She hoped everyone has a good, safe Thanksgiving. She recognized the numbers are spiking and urged everyone to wear a mask and be contentious. She concluded we will get through this, we're all in this together. Councilmember L. Johnson was very thankful for the caring and engaged Edmonds community, for the dedicated City staff and for her fellow hardworking elected officials. She urged everyone to stay safe and be well. Councilmember K. Johnson corrected her earlier testimony, advising Mayor Nelson was correct, Edmonds is a code city, not a second class city. In her earlier comments, she was listing examples of what she perceived as poor communication between the Mayor and Council as branches of government. In the interest of improving communication, she will contact the Mayor directly with her concerns and offer suggestions for improvement. She respects the office of the Mayor, more importantly, she serves the citizens and business of Edmonds and endeavors to represent them on the City Council. This Thanksgiving she was grateful for her wonderful friends and family and she wished everyone a wonderful, safe Thanksgiving. Councilmember Olson said there were comments about vacation, yet earlier discussion about how the Council needs to be available for emergency meetings. She reiterated she was committed to being present for residents and businesses and anyone who needed her. She suggested there could be a rotation of Councilmembers available on any given day to ensure there was a quorum to do business and support the Administration and the businesses. She wished everyone a wonderful Thanksgiving and to remember Small Business Saturday and to shop in Edmonds. Councilmember Distelhorst said his older brother lives in Canada in a province that has gone back into full lockdown. Their rate per 100,000 is less than 1/3 of our rate per 100,000. Their full lockdown includes shutting down outdoor dining, which is still allowed in Snohomish County with almost a 3.5 case positivity rate. Businesses need to be supported, but the health and safety of the community comes first. If people are sick and dying, they will not be able to support businesses. If essential workers and business employees are sick, they cannot support themselves. Keeping everyone healthy and safe is by far the best thing that can be done. He urged the public not to meet with anyone they were not already in contact with, not to expand their social circles, and to be responsible. For those in a position to financially to help others, he suggested they consider doing so and provide support to their neighbors. Councilmember Paine was thankful for her friends and family whom she adores and sustain her. She was grateful for everyone on Zoom and others who keep the City going. She appreciated the City's residents and businesses who were nimble and scrambling and doing their best in the worst situation. She worried about everyone including a friend in congregate care in Canada who is elderly who had a COVID scare. Like Councilmember Distelhorst said, don't expand your social circle. There will be a lot of fun times ahead when social circles can be expanded. She wished everyone a Happy Thanksgiving and encouraged them to enjoy Small Business Saturday. She extended her congratulations to new Judge Riviera Student Representative Roberts reminded of the opening on the Youth Commission and encouraged youth to apply. He thanked the medical staff from Medical Teams International as well as staff from the City and the Verdant Health Commission for offering free COVID testing yesterday. He thanked all the frontline workers and all the people putting their lives on the line to fight this disease. Heading into this holiday weekend, we face an immensely dangerous situation with regard to COVID numbers. He reminded the public to wear a mask and stay safe and said this is not the year for a mass Thanksgiving gathering. During this immensely stressful time, he suggested reaching out to friends and family. The Snohomish Health District recently issued an increased suicide risk public health advisory, a reminder to Edmonds City Council Approved Minutes November 24, 2020 Page 29 understand and watch for the signs of potential suicide risk and to reach out to friends you have not talked to in a while. He was thankful for the hardworking City employees, front line workers and residents working to get this virus under control and doing their best. He wished the public a safe and enjoyable Thanksgiving -and to shop local -this Saturday. 14. ADJOURN With no further business, the Council meeting was adjourned at 10:31 p.m. MICHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK Edmonds City Council Approved Minutes November 24, 2020 Page 30 understand and watch for the signs of potential suicide risk and to reach out to friends you have not talked to in a while. He was thankful for the hardworking City employees, front lute workirs and residents working to get this virus under control and doing their best. He wished the public a safe and enjoyable Thanksgiving and to shop local this Saturday. 14. ADJOURN With no further business, the Council meeting was adjourned at 10:31 p.m. M IAEL NELSON, MAYOR PASSEY, CITY CU K kidmonds City Council Approved Minutes November 24, 2020 Page 30 :i4. Public Comment for 11/24/20 City Council Meeting: From: louise favier Sent: Tuesday, November 24, 2020 5:27 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Brian g!!tj Taylor <bptnyc@hotmail.com> Subject: Thank you for helping Edmonds Restaurants survive the pandemic Dear Edmonds City Council, Daphne's is deeply grateful for all the support we have received so far from the city of Edmonds during this difficult time. Expanded sidewalk seating, combined with street seating has given us the chance to survive this pandemic. As we enter the winter months with no indoor seating allowed, it is more important than ever that we have the opportunity to continue the wonderful outdoor seating programs Covered outdoor seating on the street will give us the chance to stay open in the coming months. Without this we will be forced to shutter our doors until the spring, jeopardizing our capacity to survive, and hopefully thrive again in better times. We feel blessed to be doing business in downtown Edmonds, lucky to be in a city with a city Council, Mayor, and residents that care so deeply about the businesses and the vitality of the city we all love so much. Thank you in advance for your support Louise Favier Brian Taylor Daphne's 415 1/2 Main Street Edmonds From: Kathleen Sears Sent: Tuesday, November 24, 2020 4:53 PM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Council <Council@edmondswa.gov> Subject: Public Comment on the City's 2021 Budget November 24t", 2020 Edmonds City Council Approved Minutes November 24, 2020 Page 31 Dear Councilmembers, I am writing to urge you, as part of your 2021 budget deliberations, to remove the $450,000 for the Edmonds Marsh that is currently listed under Public Works/Stormwater and place it where it logically belongs, under Parks, Recreation and Open Spaces. This is essential for communicating that the Marsh restoration goal is not limited to stormwater management, but rather to returning the Marsh to a fully functioning marine estuary. Stormwater is but one aspect of the restoration. Another reason for lodging this money in the Parks budget is to bring in public input and review when the clean-up of the Unocal property is completed and the City can begin exploring restoration options with WSDOT. As one of the few urban saltwater estuaries remaining in the entire Puget Sound Area, we have an obligation to get this restoration right. Involving the public is an important aspect of the process. Thank you for your continued stewardship of this complex ecosystem and important environmental asset to our city. Sincerely, Kathleen Sears, Edmonds resident From: Ken Reidy Sent: Tuesday, November 24, 2020 6:13 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>; Lien, Kernen <Kernen. Lien @edmondswa.gov> Subject: Public Comments for November 24, 2020 City Council meeting Please disclose to the public why some Emergency Ordinances indicate that they are an Emergency Ordinance in the Ordinance title and others do not. For example, see Ordinances 4176 and 4177 passed within days of each other in March 2020. Both were Emergency Ordinances but only Ordinance 4176 says so in its title. Why the inconsistency in the title of each Ordinance? Edmonds City Council Approved Minutes November 24, 2020 Page 32 Please reject the new Emergency Ordinance proposed by Shane Hope and send a strong message that Council will not delegate its broad police powers to the Mayor. Why would you do so when Mayor Nelson refuses to do basic things like respond to a citizen question: "Have not the actions taken over the last 30 days been dependent on your March 5th Proclamation of Local Emergency being ratified by the City Council as soon as practical following the emergency?" Why is a new Emergency Ordinance proposed prior to addressing the issues with Ordinance 4177 and ECC 6.60? Ordinance 4177 is the Emergency Ordinance rushed into on Sunday, March 22, 2020. At that March 22nd Council meeting, Councilmember Paine suggested that there be a more comprehensive review of ECC 6.60, to occur six weeks from that date. Instead of 6 weeks later, a proposed Ordinance was brought before Council on September 15, 2020. That proposed Ordinance was flawed. Mayor Nelson said the code update for the City's Comprehensive Emergency Management Plan (CEMP) item was not yet ready for council discussion, so Council agreed to postpone the study item. If the Mayor cannot even get something involving the CEMP ready for Council review after months have passed, why would you delegate broad police powers to the Mayor? The City's CEMP is a big deal. ECC 6.60 is the related City Code —the Code that defines what an emergency is. Per Resolution 1386, the CEMP adopted by Council in April of 2017 had to be reviewed and updated at least once every two calendar years. If Resolution 1386 is correct, we have been violating State Law for some time now. This may impact our eligibility for funding. The September 15th Council Agenda Packet represents the CEMP is due to be updated this year, which is different than what Resolution 1386 states. An update to the CEMP is nowhere to be found on the Council's extended agenda. I hope City Council rejects the proposed new Emergency Ordinance, fixes ECC 6.60 and makes sure we have a solid CEMP in place by year end. Also, please make sure all guestions asked by citizens during the related public hearings are answered before adopting Findings and Conclusions denying 184th St SW Street Vacation and Official Street Map Change. Thank you. From: Rick Megenity Sent: Monday, November 23, 2020 8:52 PM To: joe scordino <joe.scordino@yahoo.com> Cc: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; Edmonds City Council Approved Minutes November 24, 2020 Page 33 Save Our Marsh <save.the.edmonds.marsh@gmail.com> Subject: Re: Public Comment on the City's 2021 Budget Well said Joe. Convincing and influencial. Rick Megenity From: joe scordino Sent: Monday, November 23, 2020 6:25 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Nelson, Michael <Michael.Nelson @edmondswa.gov>; Save Our Marsh <save.the.edmonds.marsh @gmail.com> Subject: Public Comment on the City's 2021 Budget Council Members; RE: Council's November 24, 2020 Public Hearing on 2021 Budget We should not be spending any more money on planning Marsh Restoration until the Unocal property issue is resolved. State and national granting agencies have said repeatedly they will not provide grant funds unless property ownership is resolved. Almost $200,000 was previously wasted for consultants to provide ineffective restoration design that falsely assumed property use restrictions. Further, the huge costs for transport and disposal of excavated soil could be avoided dependent on whether such soil can be kept on the Unocal site and designed for wetland development, wildlife enhancement, and recreational opportunities. I share the Community desire to restore the Edmonds Marsh, but the project needs to be planned correctly and cost effective, and that is not possible until WSDOT resolves how much of the Unocal property will be available to the City and at what cost/conditions. I know Mayor Nelson shares this view. What we should be doing now is removing any/all obstacles that might prevent use of the old Unocal property for Marsh restoration and enhancement. This means fixing outdated land use language in the City's Comp Plan ASAP and beginning a Master Plan Development process. Decision Package #56 for $80,000 for further Marsh design work should be deleted from the Edmonds City Council Approved Minutes November 24, 2020 Page 34 2021 budget for the reasons mentioned above. Instead, 2021 funds should be budgeted for Shane's shop to get moving on fixing the Comp Plan and commencing Master Plan Development for the old Unocal property. Decision Package #60 for the $450,000 carryover also should not be spent in 2021, Instead, the $450,000 carryover should be placed in the Marsh Restoration Fund (Fund 017) so that it can be used in the future as matching for state/federal restoration grant funds for the Marsh -Estuary. I'd be pleased to discuss these comments further with Council members and/or answer any questions via my E-Mail at joe.scordino@vahoo.com. Joe Scordino Edmonds Resident From: Joan Bloom Sent: Monday, November 23, 2020 2:48 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; Doherty, Patrick <Patrick.Doherty@edmondswa.gov> Subject: My comments for November 24 Public hearing on the budget Council, My comments are regarding "Decision package #22 added $500,000 for the human services program" Creating a new department should not be taken lightly, especially during these difficult economic times. Throwing money at problems never works, and given how little information Patrick Doherty is providing to Council, that appears to be what he proposes to do. The following questions are for Mr. Doherty. I urge you to obtain answers to ALL of these questions to inform your deliberation on allocating $500,000 of taxpayer money to create this proposed city department. Mr. Doherty, You are asking Council to set up a Human Services department at a cost of $500,000 to the taxpayers. Please answer the second question in my November 17 public comment on this budget item: Edmonds City Council Approved Minutes November 24, 2020 Page 35 (2) What are the specific needs (in addition to homelessness and housing insecurity) that you are hoping to meet with the human services program? Your November 20 email reply to Council was forwarded to me and I now have additional questions: (1) What social services agencies in Snohomish County do you plan to work with, and direct funds to, for citizens in need? Knowing the agencies you propose to contract with will also help identify the needs you hope to meet. (2) How will this new department identify citizens that are most at risk? Typically, agencies do outreach to identify at risk individuals. Which leads to my next question. (3) Given the pandemic, and severely reduced in person contact, how will in need/at risk citizens be identified by Human Services staff. In other words, what is your outreach plan? (4) How, and what, services will be provided? I suspect that citizens will be referred elsewhere to receive direct services. Please correct me if I am wrong. Mr. Doherty and Mayor Nelson, Myedmondsnews reported that Mayor Nelson said other cities have created human service departments. I did a quick search of Lynnwood and Shoreline and found resources listed on their website, as on Edmonds website, but nothing further. Which leads to more questions: (1) If other cities have Human Service departments such as you are proposing, why don't you obtain answers to the questions I've asked from their model? (2) If other cities have a social worker on staff, it would be simple to obtain a copy of their social work job description for Council's reference in their decision making process. Why hasn't this been done? Regards, Joan Bloom Edmonds City Council Approved Minutes November 24, 2020 Page 36 From: Ken Reidy Sent: Sunday, November 22, 2020 4:59 PM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov> Subject: Public Comments for Second Public Hearing on the 2021 Proposed City Budget A December, 2018 Edmonds Beacon included a Letter from former Mayor Earling which concluded: "And as your mayor and chief executive of this city, together with my staff, I will diligently execute the council's adopted 2019 budget. That's my job, and I take it seriously." What happens when a budgeted item is not executed? What happens if something budgeted for on multiple occasions fails to get executed over and over again? Is there ever any accountability? Mayor Earling's 2015 Budget Message stated: "We will also continue updating our City Code". The 2015 budget included $85,000 for the development code update. On March 5, 2015, a City Press Release announced an Open House to "Kick Off Major Update of City's Development Code". The Press Release stated, "The City Council directed that the code get a major update". It was called a "Kick Off", but the Code Rewrite had been budgeted for before: 1. City Council Meeting Minutes for January 24,2006 include: "Development Services Director Duane Bowman recalled the Council allocated $140,000 in the 2006 budget for a rewrite of the Edmonds Community Development Code (ECDC) which staff projected would be a two -year process. The original code was adopted in 1981, had been amended piecemeal over time and needed to be updated." Edmonds City Council Approved Minutes November 24, 2020 Page 37 2. The 2009-2010 Budget included the following: "Completion of the City's Shoreline Master Plan update and the Edmonds Community Development Code rewrite will occur in 2009-2010." 3. The 2013 Budget provided $75,000 for the beginning of a re -write of the City's code. It is many years since anything has been added to the City's "Edmonds Community Development Code Updates" website page. Code amendments have passed since March, 2015, but it is unknown if the amendments are part of the major update directed by City Council or if the City is back on the piecemeal amendment path. On December 10, 2018, 1 emailed Council, cc'd Mayor Earling and requested they budget for the completion of the Code Rewrite. I requested disclosure of public funds spent on the Code Rewrite since 2006 and asked them to make sure all citizens know what percentage of the Code Rewrite has been completed. I've asked for this information several times since December 10, 2018 and my request has not been responded to. Hopefully, information will be provided, and the execution of the Code Rewrite will be completed. As Council President Adrienne Fraley-Monillas stated in the March 5, 2015 Press Release: Please budget to complete the long overdue Code Rewrite from start to finish."Edmonds is a great community, it's really important that our code is updated to guide what happens here and that it is written in a way that's user friendly." Please finish the Code Rewrite - including the ECC which is also flawed. The Code Rewrite was supposed to be the top priority over a decade ago! Please budget to complete the long overdue Code Rewrite from start to finish. Edmonds City Council Approved Minutes November 24, 2020 Page 38 Thank you. From: Claire O'Neil Sent: Thursday, November 19, 2020 11:06 AM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Homeless & Runaway Resource Good Afternoon, Hope this email finds you well. My name is Claire O'Neill and I work for Sunshine Behavioral Health. I was reviewing your page, htt www. ost.edmondswa.gov/community-links.htmI and see you've compiled a great list of resources. I shared it with my manager, and we were thinking that your page could benefit from our Homeless and Runaway Youth guide since it discusses a similar subject. Here is a list of subjects that this guide discusses: Hotlines and More Resources Rates of Homeless and Runaway Youth Situations That Drive Teenage Homelessness Daily Challenges Homeless Teenagers Face As you know this is a really important issue because everyone deserves a safe environment to grow up, and flourish in. Please take a moment to review the guide for your own resource page when you get the chance. htt s: www.sunshinebehavioralhealth.comf resources/resources-for-homeless-and-runawav- outh Thank you so much for your time and I hope you have a wonderful rest of your week. Best, Claire O'Neill Digital PR Specialist Claireo@sunshinebh.com Edmonds City Council Approved Minutes November 24, 2020 Page 39 (313) 909-9717 SunshineBehavoiraIHealth.com Edmonds City Council Approved Minutes November 24, 2020 Page 40