Loading...
Cmd121520EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING APPROVED MINUTES December 15, 2020 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Adrienne Fraley-Monillas, Council President Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Laura Johnson, Councilmember ALSO PRESENT Brook Roberts, Student Representative CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Angie Feser, Parks, Rec. & Cultural Serv. Dir. Shannon Burley, Deputy Parks & Recreation Dir. Dave Turley, Finance Director Rob English, City Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst 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 Paine 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. APPROVAL OF AGENDA COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Mayor Nelson invited participants and described the procedures for audience comments. Edmonds City Council Approved Minutes December 15, 2020 Page 1 Barry Crain, Edmonds, recalled Mayor Nelson say in April when lie nominated Acting Chief Jim Lawless for the position of Chief, "Acting Chief Jim Lawless has been a steady, firm hand during a time of uncertainty. I can't imagine a person better suited for this job than Jim." However, the City Council responded it was not acceptable to present only one candidate so a national search process began that produced two candidates, Sherman Pruitt and Jim Lawless. Last week the public witnessed Mayor and Council rush through an agenda to get Chief Pruitt confirmed against the wishes of three Councilmembers and the overwhelming majority of the public who addressed the Council. Unfortunately, what as presented as a thorough background check was not thorough despite troubling questions raised by other Councilmembers and the public. Chief Pruitt has now been withdrawn which leaves one qualified candidate remaining. The clear response of the citizens of Edmonds and the Police Association is to confirm Acting Chief Jim Lawless as the new Chief of Police. He has a vote of confidence where it matters, with his force and the people of the community. If Acting Chief Lawless is not nominated and confirmed this evening, the Council and Mayor are responsible for giving the citizens of Edmonds an explanation why the appointment of Acting Chief Lawless does not complete the process that began in April. The public wants to know why both candidates would be withdrawn from consideration when one finalist remains. The public has yet to hear how the police force is broken and specifically lacking in leadership with Acting Chief Lawless that would cause the City to look further afield. It seems the Mayor and Council are trying to fix a problem that does not exist. The police force can always improve which has been the case under Acting Chief Lawless' leadership. Last week the Council chose not to listen to the citizens of Edmonds. Today in My Edmonds News, the Edmonds Police Officers Association said as the union of the rank and file members, we are extremely disappointed that our concerns regarding this process have fallen on deaf ears. The Mayor's suggestion of yet another search is yet one more example of not listening. He pled with the Mayor and Council to listen tonight and not use taxpayers' money to begin another unnecessary search process. Leadership requires that this be resolved now so it does not linger as a cloud over the community for months. The Mayor and Council owe Chief Lawless and the men and women of the Edmonds Police Department an apology for how they have been dragged through this mess and then do the right thing. He implored upon the Council to exercise their responsibility as community leaders to nominate and confirm Acting Chief Jim Lawless tonight. George Bennett, Edmonds, thanked Councilmembers who responded to his email and to those who did not respond, he offered to work with them to move toward a more equitable and just Edmonds. He read Mayor Nelson's statement, "Frankly I was disappointed when the process of selecting a new chief became so personal, emotional and antagonistic. I hope that I never see a repeat of anything like it." Mr. Bennett pointed out there was time, there was no rush and there was the ability to be more transparent in the entire process. Everyone owes Chief Pruitt an apology for what he's been through. The citizens of Edmonds owe each other an apology for throwing around terms that are absolutely abhorrent, being labeled as social justice warrior or right winger have no place in local politics. It all could have solved by taking a pause and a deep breath and saying there is new information, let's figure it out and talk to the people. To Mayor Nelson's credit, he reviewed that information afterwards and has made the right decision, but that could have been sooner. Finis Tupper, Edmonds, referred to the streateries, commenting Edmonds had a municipal parking lot on 3re Avenue just south of Main Street which was originally owned by National Bank of Commerce that the City rented for many years, dating back to Mayor Naughten. A lot of businesses on Main Street and in downtown Edmonds provide no parking; the only parking they have is on -street parking and in the municipal parking lot. Three hour parking in the municipal parking lot was totally complimentary over the last 5-6 years. There needs to be more public participation in the decision -making in Edmonds. Under previous administrations, that participation has been diminished exponentially. For example, the City used to post in the Edmonds Post Office when it was on Main Street and at the Meadowdale Community Center; now the City only posts at the Public Safety Building, the Edmonds Library and on the website. Edmonds City Council Approved Minutes December 15, 2020 Page 2 Posting on the website seven days before a hearing provides a minimal amount of time to investigate. With regard to the municipal parking lot, the City Council has the contracting authority, not the Mayor, not the Planning Department or Patrick Doherty. If the City Council did not know the City did not plan to renew or negotiate that lease, they should be as infuriated as he is. He urged the Council to look at and update their public participation process. Louise Favier, Daphnes, thanked Councilmembers who replied to her email and relayed her appreciation for the City's work to develop guidelines and an ordinance to allow streateries for a year. The ordinance and the option to add seating in the street means a great deal to Daphnes which is next to the Edmonds Theater. The guidelines are very fair and ensure ADA compliance and they appreciate the opportunity to have a chance to do business outside because she anticipated customers may not be allowed inside for a long time, particularly at Daphnes due to its size and because it will not be appropriate to gather in crowded spaces for a long time even after a vaccine is available. She appreciated the opportunity for street seating for a year and then to reconsider and extend if necessary. She thanked the City Council for their support, recognizing there will be some guidelines that will be hard but they appreciated the fairness of the process. With regard to the maximum number of businesses side by side, they want to respect the retail storefronts, and suggested contiguous restaurants be allowed to have side -by -side street seating. It provides great energy such as they experienced next to Thai Cottage this summer. She recognized and respected balancing the needs of retail shops. Ryan Brotherton, Edmonds, commented on what he perceived to be possibly a crisis of leadership in the City related to the recent nomination of the future Chief of Police, but perhaps something larger. In the book, "Good to Great," Jim Collins recounts his research into 11 companies that made a leap from good to great. The defining factor comes down to leadership, perhaps unsurprisingly, but specifically he talks about great leaders in the companies that went from good to great. He describes a Level 5 Leader as when something bad happens or crisis comes, they point in the mirror to themselves and take the blame and step up. When things go well, they point out the window to those around them and they give credit to others. As a citizen of Edmonds, Mr. Brotherton said he has witnessed a lack of what Jim Collins calls Level 5 Leadership. He did not mean for this to be an indictment on the Mayor or Council but rather an invitation for someone to step up and be a great leader. He had yet to hear any public acknowledgement of fault from the Mayor or Council. In the Mayor's note today, he saw blame on Chief Pruitt and blame on citizens who did not act appropriately, which he may not argue with, but no acknowledgement of who was in charge of the process, of the leaders' decision and what took place in a broken process under their leadership. His plea was for someone to demonstrate to the people of the City what it means to be a great leader, to be a Level 5 Leader. He asked who would be the first to say I'm sorry, I could have done better, I want to learn how to do this right the next time, and the first to apologize to Chief Pruitt, Interim Chief Lawless and to the citizens of Edmonds. Darrell Marmion, Edmonds, referred to last week's Police Chief confirmation process and Mayor Nelson's comments today about restarting the process in 2021 and a comment during last week's Council meeting that if the Council does not confirm Chief Pruitt, the Council does not have the choice of confirming Chief Lawless, they have to start over. In his reading of the code which he noted the City Attorney could correct him if he was wrong, the Council is either still in the confirmation process and can continue it with the only other viable candidate and select him and move forward or the confirmation process did end which he was unsure it had due to the conditional confirmation. His reading of the Edmonds City Code 2.10.010(D) gives the Council a nine month window where they can use the results of the prior selection process to make a new appointment as long as a super majority of the Council agrees. He summarized there are a couple of paths forward where the process does not need to start over. He requested the Mayor and Council consider not wasting time and tax dollars and go with the perfectly good candidate as allowed by the code. Edmonds City Council Approved Minutes December 15, 2020 Page 3 Leslie Marmion, Edmonds, appreciated that the Council was trying to do their job, but there are new members who seem to vote a certain way, often with Council President even though it may not be valid and other times they are just following suit. Last week was shameful; although she felt for Chief Pruitt, she and most others did not think he was qualified, yet the Council accepted the bare minimum and approved his appointment and shoved it down the public's throats. If the Council had waited and discussed it again tonight and allowed more input instead of trying to subvert the system, many things could have been avoided and Chief Pruitt would not have had to go through all this. The Beacon has an excellent article about the domestic violence situations and other things. Councilmember Olson wanted to talk about it and the Mayor immediately shut her down, frustrating because that information should have come out. The new Councilmembers chose to vote with Council President Fraley-Monillas and agree with the Mayor and did not do their due diligence. A previous speaker referred to Level 5 Leadership, something that is seriously lacking at times with the Council. It is not right, it's not fair and citizens deserve better. She urged the Council to pay closer to attention to all voices regardless of whether they are minority voices or not. It is insulting that the Council President brings up race and calls citizens racist even if she believes she was misquoted on national news. She urged the Council to move forward with Level 5 Leadership and for the Mayor not to deflect fault. She questioned why the Mayor planned to waste more taxpayer money to conduct another nationwide search when the City already had one of the best of the best. She hoped going forward the Council will do the right thing, finish this debacle and vote Chief Lawless in and give him the respect he deserves for all his years of excellent service. She acknowledged he wasn't perfect, no one is, but he is by far and away the best. She begged the Mayor and Council to stop wasting taxpayer money; citizens have to account for every penny and so should the Council and Mayor who work for Edmonds citizens. She urged them to vote in the best person and find a great minority down the road. Matt Richardson, Edmonds, said he didn't mean to pile on, he appreciated the Council and the job they do. However, he felt Edmonds was trying to out Seattle, Seattle owns that right now. He was uncertain that changing the Police Chief was the way to fix race issues. All the Councilmembers are white; he suggested someone could step down, three candidates of color ran for office. Possibly the Council is where race issues could be addressed. (Written comments submitted to Pub]icComment@Edmondswa.gov are attached.) 6. APPROVAL OF THE CONSENT AGENDA ITEMS COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE CONSENT AGENDA. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO PULL 8 AND 9 FROM THE CONSENT AGENDA TO BE REVIEWED AGAIN IN THE FUTURE. Councilmember Distelhorst raised a point of order, any Councilmember has the ability to pull an item off consent without a vote. Mayor Nelson advised the two items had been pulled from the Consent Agenda. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO PULL ITEM 12 FROM THE CONSENT AGENDA AND MOVE IT TO UNFINISHED BUSINESS ITEM 7.5. Council President Fraley-Monillas suggested reviewing these one at a time so the reason could be provided and transparent votes taken. Edmonds City Council Approved Minutes December 15, 2020 Page 4 Councilmember Olson raised a point of order, observing a Councilmember had the right to remove something from the Consent Agenda without a vote. City Attorney Jeff Taraday explained any single Councilmember can pull an item from the Consent Agenda without a motion, but when pulling an item is combined with placement on the agenda, a determination needs to be made regarding how to proceed. Council President Fraley-Monillas observed City Clerk Scott Passey also wished to speak. Mr. Passey said he was going to say the same thing. UPON ROLL CALL, MOTION (TO MOVE CONSENT AGENDA ITEM 12 TO UNFINISHED BUSINESS ITEM 7.5) CARRIED (5-2); COUNCILMEMBERS K. JOHNSON, DISTELHORST, BUCKSHNIS, OLSON AND PAINE VOTING YES; AND COUNCIL PRESIDENT FRALEY- MONILLAS AND COUNCILMEMBER L. JOHNSON VOTING NO. Mayor Nelson asked Councilmember K. Johnson if she wanted the other items she pulled on the agenda. Councilmember K. Johnson answered not tonight. Council President Fraley-Monillas asked whether the Council needed to vote whether those items would remain on the Consent Agenda or be moved to another date. She questioned whether one Councilmember could decide to move items to a meeting three weeks away or did it require a majority to make that decision. Mr. Taraday said pulling an item off the Consent Agenda only removes it from the group vote on the Consent items. The Council now needs to decide what to do with Items 8 and 9 that were pulled from the Consent Agenda. Council President Fraley-Monillas said she had also hoped to hear Councilmember K. Johnson's rationale for moving the budget to Unfinished Business before the vote was taken. She voted no because there was no discussion regarding the rationale. Councilmember K. Johnson raised a point of order, stating that motion had already been voted on. Mayor Nelson ruled the Council would stick to the topic at hand. Councilmember K. Johnson suggested moving Items 8 and 9 to the first meeting in January 2021. Council President Fraley-Monillas requested the items be discussed individually. Mayor Nelson agreed. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO MOVE ITEM 8, 2020 BOARD & COMMISSION RETIREMENTS, TO THE FIRST MEETING IN JANUARY. Council President Fraley-Monillas asked why. Councilmember Distelhorst also asked why, noting some of appointments expire December 31, 2020 so it may be desirable to have them made before year end. Councilmember Paine said she had the same question and asked if there was any benefit to not approving it tonight. Councilmember K. Johnson responded the reason she wanted to postpone the board and commission retirements was to clarify whether or not these people had been asked if they what to continue or not. This is the first time she has seen this and she did not have time to consider the individual retirements. Postponing it one meeting would give everyone time to read and evaluate, make calls if necessary to confirm that these people are truly retiring. The rules for each board and commission vary; she planned to look at all the rules, possibly work with Maureen Judge to see what governs the retirements. Some boards do not allow members to serve more than two terms and other make no distinction. It is a housekeeping issue and she was willing work with Ms. Judge if she was available to sort this out. She did not have any Edmonds City Council Approved Minutes December 15, 2020 Page 5 particular person or reason for pulling this, but wanted to ensure it was only done once. She requested a one week postponement so she could do her homework. Council President Fraley-Monillas commented it was not one week, it was 2'/2 weeks. She asked if the retirements were Mayor Nelson's appointees. Mayor Nelson requested Development Services Director Shane Hope speak to the retirements. Ms. Hope said all the positions are the Mayor's appointments; the code provides for the Mayor to appoint or reappoint and there is no specificity about the criteria he must use. The Council's role in most if not all is to confirm the appointment. Council President Fraley-Monillas observed the Mayor was within his legal authority to change out board and commission members and the Council's authority to decide whether to confirm the replacement. Mr. Taraday answered there are several boards involved. He was uncertain they were all treated the same. For example on the Planning Board, the Mayor has appointment authority and the City Council has confirmation authority. While the Council does select members, it has an up or down vote on the Mayor's appointment which is why they are on the Consent Agenda. He suggested moving this later on the agenda so he could doublecheck the code with regard to other boards and commissions. Council President Fraley-Monillas agreed that would be most prudent. She relayed the Mayor had the authority to determine who is on the board, removal or retirement of a person, and the Council's role is confirmation of the appointment. Mr. Taraday said he would need to confirm that with regard to each board and commission. He had checked the code related to the Planning Board, but was not confident in his memory that they were all treated the same. He offered to defer to Ms. Hope's memory. Council President Fraley-Monillas recalled Ms. Hope and she worked on this in the past and not all boards and commissioners were the same. She suggested moving this item to New Business to give Mr. Taraday time to verify the Mayor's authority for boards and commissions. Councilmember K. Johnson asked if that was an amendment to her motion, Councilmember Buckshnis raised a point of order, the Council was still in discussion. Mayor Nelson ruled point taken. Economic Development/Community Services Director Patrick Doherty said at least six of the eight people listed in Item 8 are stepping down of their own volition and he assumed all were. This item is intended as the Mayor and Council thanking them for their service. There is no issue of authority because they are choosing to step down although in one case someone was not reappointed because another person was selected and has already been confirmed. Councilmember K. Johnson said she was aware that two members of a board up for reappointment were asked if they would like to continue and both said yes, yet neither was chosen to remain on the board and two new people have been appointed. She recognized that was the Mayor's choice, but she was only aware of those two situations which is why she pulled this item to determine if there were others. Councilmember Buckshnis recalled participating on a committee that included Carrie Hite, Shane Hope and Council President Fraley-Monillas that looked at all the boards and commissions. It was her understanding these are the Mayor's selections and if he wanted different people, there was nothing in the code that prevents that. She recognized the Tree Board was different than the Economic Development Commission and they were different than the Planning Board. She was concerned with the retirement of two seasoned Planning Board members, but there was nothing in the code to prevent it. Past Mayors have waited until members were ready to retire. Edmonds City Council Approved Minutes December 15, 2020 Page 6 Councilmember K. Johnson said two members of the Planning Board, Carreen Nordling Rubenkonig who has served one 4-year term and Roger Pence who served as the alternate one year at a time, have both contributed a lot to the Planning Board. It was her understanding they were both surprised they were not reappointed. Councilmember K. Johnson expressed her appreciation for their hard work and acknowledged that appointments were up to Mayor and this is his choice. Council President Fraley-Monillas asked if Councilmember K. Johnson was withdrawing motion. Councilmember K. Johnson said she would defer to Mayor Nelson and his decision process. COUNCILMEMBER K. JOHNSON WITHDREW THE MOTION. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO PUT ITEM 8 BACK ON THE CONSENT AGENDA. Mr. Taraday said his research of the code found Lodging Tax Advisory Commission (LTAC) members are appointed by the City Council. He suggested allowing him time during the meeting to research which ones are true confirmations and which are Council appointments and he would report later in meeting. COUNCILMEMBER PAINE WITHDREW THE MOTION. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO MOVE CONSENT AGENDA ITEM 8 TO NEW BUSINESS ITEM 8.2. Councilmember K. Johnson said the 2020 Board & Commission Reappointments require Council confirmation. Due to the Council's role and for the reasons she stated previously, she would prefer to have this on a future agenda so Councilmembers have an opportunity to vet the appointments. She suggested placing it on the agenda of the next Council meeting. Mayor Nelson clarified the motion was related to Item 8 which was retirements not reappointments. Councilmember K. Johnson said her comment was related to Item 9. MOTION CARRIED UNANIMOUSLY. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED TO PUT ITEM 9 BACK ON THE CONSENT AGENDA. Councilmember Distelhorst relayed his understanding that Mr. Taraday requested time to research. Mr. Taraday said he was willing to research if the Council wanted him to confirm that these are all proper actions. The Council has the option to approve this item now. COUNCIL PRESIDENT FRALEY-MONILLAS WITHDREW THE MOTION. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO MOVE CONSENT AGENDA ITEM 9 TO NEW BUSINESS ITEM 8.3 TO HAVE MR. TARADAY CONFIRM THE DETAILS. Councilmember K. Johnson said for all the reasons she stated before, the Council should take time to do its due diligence. She was uncertain how many people had been reappointed, but she would like the time to evaluate it. It was not a question of Mr. Taraday reviewing the code regarding the appointment authority, but a considered opinion of each Councilmember. Therefore, she preferred to move it to the next meeting in January. Edmonds City Council Approved Minutes December 15, 2020 Page 7 COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO AMEND TO MOVE CONSENT AGENDA ITEM 9 TO THE FIRST MEETING IN JANUARY. Council President Fraley-Monillas asked if any board or commission meetings would need to be canceled if the Council did not reach a decision tonight. Ms. Hope said she could not say without looking at it more closely. Councilmember K. Johnson said she made appointment to the Economic Development Commission in March, however, due to COVID, it was a matter that the Council could not consider at that time. Her appointee was just confirmed last month, but he participated and attended meetings. She has served on many boards and commissioners where appointments were pending and although not allowed to vote, people attend which provides continuity. She has never seen lack of a quorum that resulted in cancelation of a meeting. Councilmember Paine referred to the list of people to be reappointed, noting all but one have been in place except for one new person, the new manager at the Harbor Square Inn. She suggested Councilmembers look at the list and put it back on the Consent Agenda so the members can retain their positions and move forward. Councilmember L. Johnson said she was interested in discussing this tonight and not pushing it off for three weeks. Individuals are making plans for what they want to be involved with and it would be a shame to lose someone because the Council delayed their appointment for three weeks. Council President Fraley-Monillas agreed with Councilmembers L. Johnson and Paine, the Council should address this tonight, especially if all but one are reappointments. AMENDMENT FAILED (3-4), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; AND COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS DISTELHORST, PAINE AND OLSON VOTING NO. MOTION (TO MOVE ITEM 9 TO NEW BUSINESS 8.3) CARRIED (6-1), COUNCILMEMBER K. JOHNSON VOTING NO. MOTION (TO APPROVE THE CONSENT AGENDA AS AMENDED) CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF DECEMBER 8, 2020 2. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT 3. ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM DOUG WRIGLEY ($441.60) 4. MOU EXTENDING AFSCME COLLECTIVE BARGAINING AGREEMENT 5. VERDANT GRANT INTERLOCAL AGREEMENT AMENDMENT 6. OCTOBER MONTHLY FINANCIAL REPORT 7. AWARD CONSTRUCTION CONTRACT FOR THE CITYWIDE PEDESTRIAN CROSSING ENHANCEMENTS PROJECT 10. CONFIRMATION OF TREE BOARD POSITION # 2 APPOINTMENT Edmonds City Council Approved Minutes December 15, 2020 Page 8 II. ORDINANCE ESTABLISHING CITY COUNCIL MEETING SCHEDULE FOR THE SECOND TUESDAY OF THE MONTH UNFINISHED BUSINESS FOURTH QUARTER BUDGET AMENDMENT Finance Director Dave Turley advised there are 8 amendments, the total expense is $459,764. Nearly all the amendments are related to grants and the ending fund balance will only be reduced by $79,937. All but one of the amendments have been on the agenda previously; most are year-end cleanup items. He reviewed the amendments: 1. Increase in fee due to change in State Lobbyist 2. Goods and services reimbursed by other entities for training conducted by Police Department 3. NPDES Pro Software Purchase 4. Police Vehicle Replacement (vehicle totaled in May 2020) 5. Additional spending authority for Firemen's Pension Fund 6. Increase to Police Department budget for salaries/benefits related to COVID-19 response and EPOA Commissioned Officers contract settled in July 7. Adjust budget for the Edmonds CARES Fund 142 for additional grants City intends to provide local businesses no later than 12/18/2020 (grant funds provided by Snohomish County) 8. Moves CARES Funds as allocated by Ordinance 4196 to associated funds where reimbursable expenditures were made Councilmember Buckshnis referred to the seventh amendment and asked how much Snohomish County allocated to the City. Economic Development/Community Development Director Patrick Doherty explained Snohomish County contacted the City in late November because they had leftover CARES funds. They were aware of the City's business grant program and asked if the City had provided funds to all business. A list of approximately 30 businesses who had requested but not received grants was provided to Snohomish County. After vetting the list, Snohomish County reported that funds were provided to a few via another program and requested the City provide funds to 23 via reimbursement. The total amount Snohomish County identified is $271,000. The City is in the process of disbursing those funds and will invoice Snohomish County for reimbursement this week. Councilmember Buckshnis asked why the amount in the amendment was $300,000 rather than $271,000. Mr. Doherty said the City was surprised by this and theoretically there could be another surprise before the end of the year, such as funds to purchase PPE. The intent was to round up because things are happening fast and furious and the Council will not be meeting again in 2020. All the funds are reimbursable. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, FOR APPROVAL OF THE PROPOSED 4TH QUARTER BUDGET AMENDMENT. MOTION CARRIED UNANIMOUSLY. 2. 2021 LEGISLATIVE AGENDA Economic Development/Community Services Director Patrick Doherty introduced the City's lobbyist, Debora Munguia. Ms. Munguia reviewed: • Legislative Session Background o Long 105-day session, begins January 11, 2021 o Biennial budgets will be developed (capital, operating and transportation) o Expect to see governor's budget within next 48 hours o Virtual session in 2021 Edmonds City Council Approved Minutes December 15, 2020 Page 9 o Strong focus on addressing economic recovery, COVID impacts, racial and social equity and climate change o Limited bills with strong coordination and collaboration in both chambers + Key Leadership Changes o Democrats retain control of both chambers, majorities will stay the same (House 57-41, Senate 28-21) * Senate changes in 19"' & 28"', House changes in 19" & 42nd ■ 5"' LD Recount started Dec. 1, county canvassing board will certify Dec. 16 o House Leadership changes * Rep Lillian Ortiz -Self new House Democratic Caucus Chair (Pettigrew) * Rep Chris Corry new House Republican Assistant Minority Floor Leader (Irwin) o Senate Leadership changes ■ Senator Hasegawa new Senate Democratic Caucus Chair (McCoy) ■ Senator Braun new Senate Republican Leader (Schoesler) ■ Senator Rivers new Senate Republican Caucus Chair (Becker) * Senator Wagoner new Senate Republican Whip (Rivers) o Key House Committee Changes ■ New Children, Youth & Families Committee (early learning, youth development, at risk and homeless youth, juvenile justice) ■ Strom Peterson is new Chair of Housing ■ New Chair of House Finance (Tarleton) ■ New Chair of House Rural Development, Ag & NR (Blake) ■ New Chair of House Civil Rights & Judiciary (Kilduff) ■ New Community & Economic Development Committee (part of old Innovation, Tech & ED; moved community development from Housing) ■ Eliminated Human Services & Early Learning Committee (moved human services to Housing; early learning to CYF) o Key Senate Committee Changes ■ Combined Local Government with Housing ■ Moved landlord/tenant issues from Financial Institutions to Housing ■ Moved professional licensing and DOL business/professions from Labor & Commerce to Financial Institutions ■ Moved tribal relations from State Government to Labor & Commerce 2021 Potential legislative issues o New Revenue ■ Capital Gains Tax ■ State Payroll Tax on High Earners ■ Carbon Pricing ■ Transportation o Climate Change — Clean Fuels Standard o Housing Affordability and Stability o Police Reform Mr. Doherty reviewed Edmonds Legislative Session Priorities + Requests o Move $6.5M in the Transportation budget from the Waterfront Connector project to the SR99 improvement program. o Earmark up to $8.175 million to facilitate transfer of the former UNOCAL site from WSDOT to the appropriate state agency during the 2021-23 biennium to allow completion of this important marsh restoration project. • Priorities Edmonds City Council Approved Minutes December 15, 2020 Page 10 o Invest in Housing Stability and Affordability o Gun Violence Reduction o Law Enforcement — Suspended Driver License, Third Degree o Puget Sound Health and Salmon/Orca Recovery o Parks, Recreation and Conservation 0 Support Washington Recreation & Park Association's (WRPA) legislative priorities o Creative Districts o Bolster Resources for Infrastructure Investment o Local and State Public Health Funding & Programming o Economic Development Tools o Public Defense Costs o Land Use Law Review (Growth Management Act, SEPA, annexation laws, et. al.) o Environmental and Climate -Related Issues o Fire Alarm Testing o Fiscal Impacts of Legislation and Rulemaking o Fiscal Sustainability for Local Governments o Follow/Support Other Cities, Agencies, Partners' Agendas Mayor Nelson advised Council questions would be taken in a round robin format with Councilmembers asking one question at a time. Councilmember Distelhorst thanked Mr. Doherty for incorporating his feedback. Council President Fraley-Monillas commented the City is sitting really well this year with legislators in key seats and chairing some high -end committees. She had great hope for more movement on Highway 99 than in the past with Lauren Davis, Lillian Ortiz -Self, Strom Peterson, Cindy Ryu chairing committees. Councilmember K. Johnson recalled during the presentation Ms. Munguia said Cindy Ryo will no longer be on the Transportation Committee and asked who would take over her role. Ms. Munguia answered Representative Ortiz -Self will no longer be on the Transportation Committee. There is no member on Transportation from the 21" or 32od Districts, but Representative Ortiz -Self is the House Democratic Caucus Chair and promises to keep a close eye on transportation issues and has committed to assisting Edmonds. The City is well placed in terms of its members and the issues in front of them. Councilmember Buckshnis asked Ms. Munguia whether Mr. Doherty had sent her the spreadsheet of the dollar amounts for WRIA 8 including $69M for Puget Sound acquisition and recreation in the RCO, $80M for state salmon recovery through the Salmon Recovery Funding Board and RCO budget, $70M for floodplain by design in the Washington Department of Ecology, $20M for estuary and salmon restoration programs in RCO, $140M for Washington wildlife and recreation programs in RCO, and $9M for aquatic land enhancement account in RCO. She was hopeful those dollar amounts would be included, noting Denny Heck, a huge champion of Puget Sound, will be taking over as Lieutenant Governor. Ms. Munguia advised Mr. Doherty had shared those numbers with her. She will learn later this week whether those are included in the governor's budget. The agencies submitted their decision packages in September; they are constrained to supporting what is included in the governor's budget. Councilmember Buckshnis commented Senator Salomon used to be on WRIA 8 so it's great he is on Ag and Natural Resources. Mr. Doherty offered to reference supporting the governor's dollar amounts corresponding to each of those items. Councilmember Buckshnis agreed. Ms. Munguia was hopeful there would be a lot of money in the Governor's budget and in the House and Senate budgets for those kinds of Edmonds City Council Approved Minutes December 15, 2020 Page 11 things. With the focus on climate change and the importance of preserving natural areas, she anticipated those types of things would be funded. Councilmember Paine expressed appreciation for the proposed priorities. She asked Ms. Munguia's sense of what would happen with housing affordability funds, whether it would be up front and center with the state priorities or would it be a longer shot. Ms. Munguia answered housing will be a very high priority next session; they will be looking at it in terms of COVID impacts, equity, diversity, inclusion, and addressing unhoused individuals. Councilmember Paine recognized that COVID impacts have been profound for all communities; she would hate to have them address a smaller portion of the housing worries and concerns that municipalities have due to COVID and miss out on some of the underlying inequities and problems. Ms. Munguia responded the issues they will look at will be expansive. It will be a long session, at least 105 days. Councilmember Buckshnis asked what is being done with all the taxes from marijuana and alcohol. Ms. Munguia answered most of the money goes to the state, not enough is going to local governments. There is a continued push to drive a fair share out to the local governments. That push will continue, but a lot depends on what happens with the budget, new revenue packages they adopt, what the federal government does, etc. They still have a $313 hole to address. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY-MONILLAS, TO APPROVE THE 2020-2021 LEGISLATIVE AGENDA. MOTION CARRIED UNANIMOUSLY. 3. ADOPTION OF THE 2021-2026 CAPITAL IMPROVEMENT PROGRAM/CAPITAL IMPROVEMENT PLAN Public Works Director Phil Williams advised this was an opportunity for questions and answers. City Engineer Rob English, Deputy Parks, Recreation and Cultural Services Director Shannon Burley, and Parks, Recreation and Cultural Services Director Angie Feser were also present to answer questions. Councilmember Buckshnis relayed her request to remove or zero out amounts in the out years for stormwater and leave marsh restoration out of storm utility ratepayers' responsibility. She noted there was plenty of money for marsh restoration through RCO and it did not need to be in storm in the CFP. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO REMOVE THE 2023, 2024, 2025 AND 2026 ESTIMATES FOR THE MARSH RESTORATION, FOUND ON PAGE 64, THE BLUE LINE ITEMS IN THE CFP. Councilmember Buckshnis referred to an email she sent out this week, explaining she has worked on marsh since 2010. She noted Port Commissioner Bruce Faires was involved then and the late Mary Lou Block was there for the first grant proposal. She recalled approval in 2010 to get the marsh on the WRIA 8 grant funding list for RCO grants because it is regional park. She pointed out the marsh funding was moved to storm last year and she believed it should be moved back where it belonged which was Parks Fund 332. The marsh should not be in storm because it shouldn't be funded by utility rate payers and it should be in Fund 332. Council President Fraley-Monillas asked how much in stormwater funds would be lost if the marsh is moved out of stormwater. Finance Director Dave Turley said no stormwater funds would be lost if it is moved to Parks. Most of project will be funded by grants, very little by ratepayers. Moving it into Parks would not remove from it stormwater rate funds. The only amount included in the rate plan is what they plan to charge storm customers. Council President Fraley-Monillas asked if there are funds in Storm from stormwater taxes that would not transfer. Edmonds City Council Approved Minutes December 15, 2020 Page 12 Councilmember Buckshnis raised a point of order, stating she was talking about out years. There were funds in Storm that were approved in the budget. Council President Fraley-Monillas stated that was not a point of order, it was an interruption. Mayor Nelson ruled point taken and returned the floor to Council President Fraley-Monillas. Council President Fraley-Monillas asked Mr. Williams to weigh in. Mr. Williams said the request in the draft 2021 budget is carry over $450,000 in the 2020 budget to the 2021 budget. In the out years as Councilmember Buckshnis mentioned, there are placeholders for when the project may be completed. That funding is not yet available and is not proposed to come from stormwater rates. A match will be required in the future; the source will be identified by the Administration and Council. Leaving at least evidence in the budget that a major project is coming is prudent and helpful when looking for grants, it shows commitment to the future project and does not cost anything in the 2021 budget. Council President Fraley-Monillas asked where the match would come from. Mr. Williams answered there are several possibilities, it could be general governmental such as REET or General Fund, both of those plus stormwater, and some of match will come from other grants. It is a delicate balance to use grant money to match grant money. It has been assumed for years that the match will be a minimum of 25%. That is a reasonable minimum amount, and if the project is $16M-$17M, that would be approximately $4M in matching funds. The source is not specified in the budget; it likely will not be strictly stormwater rates and he did not mean to leave that impression. He concluded it had to be housed somewhere in the CFP and that's where it is now so it was proposed to leave it there. Council President Fraley-Monillas asked if the funds were moved to a separate fund, will it be up to the Administration to decide which department will supervise/allocate the funds. Mr. Williams answered those decisions are not being made now, but there should be evidence that a large project is coming. The money is in the out years and the source does not have to be identified. He anticipated there would be help needed from the state and federal government, private funding sources, etc. Councilmember Buckshnis said she planned to put funding into the Parks CIP. The marsh is mentioned many times throughout the CIP/CFP. She referred to last year's rate study and the presentation that referenced the $16M. As long as those funds remain in Storm, it is subject to utility tax which utility rate payers pay. Her intent was to move it back to Parks where it had been for many, many years. She acknowledged that Mr. Williams and his staff will work on the engineering and she plans to have WRIA 8 make a presentation to the Council next year. She offered to send the Council the Meadowdale cost - benefit, a project run by Snohomish County Parks & Recreation. She summarized she wanted to move the marsh back to an area where grant money was easier to obtain, noting she had seen grants fully funded without a 25% or even 10% match. Councilmember Paine asked if money was housed in the stormwater utility fund, was there a specific burden on ratepayers or was it just a placeholder for funds and the ratepayers would not be harmed. Mr. Turley answered with regard to the $450,000 in the budget, it is not cash, it is budget authority, the opportunity to spend money, but it is not cash that has come in from ratepayers. There seems to be some confusion about that. Councilmember Paine referred to last week's packet page 274 where there are sizeable amounts in the out years of 2023-2026 and asked if having those as a placeholder in stormwater placed a burden on ratepayers. Mr. Turley answered if the project is funded by grant dollars, there is no burden on ratepayers. Whatever is paid from the General Fund or with grants is not charged to ratepayers. Councilmember Paine observed here is no impact this year or next year and better information will be available about the Edmonds City Council Approved Minutes December 15, 2020 Page 13 marsh in the next two years Mr. Turley said the source of the funds was unknown three years from now; chances are most of it will be grants, a little General Fund money, but very little from ratepayers. Councilmember K. Johnson commented what seems to be a complex discussion is really very simple. To paraphrase, Mr. Williams wants to leave $450,000 in the marsh stormwater find and that is budget authority and would be used to match grant opportunities. There is no project now but Mr. Williams feels leaving the funds there would maintain the status quo and leave options open for the future. Councilmember Buckshnis is opposed to that notion because it was always a Parks project and thinks it needs go back to Parks. There is no money, there is only budget, but in Councilmember Buckshnis' opinion, it would set the City up better for an RCO grant in future. With those two different opinions, she liked Councilmember Buckshnis' thinking because she is the marsh expert on Council and therefore she will support the motion. UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; AND COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS DISTELHORST, PAINE AND L. JOHNSON VOTING NO. Councilmember Buckshnis expressed interest in a placeholder in the CFP for the Parks and Recreation aspect of things, specifically the Marina Beach improvement subcomponent of the marsh estuary. She explained this is one holistic project; the fish start migrating into the system at Marina Beach and it shouldn't be defined differently between Marina Beach, the Marsh and Parks and Storm. Council President Fraley-Monillas raised a point of order, whether there should be a second to the motion and then allow Councilmember Buckshnis to speak to the motion. Mayor Nelson ruled point taken and asked for a second to the motion. Councilmember Buckshnis said she had not made a motion. Mayor Nelson ruled point taken. Councilmember Buckshnis said two years ago, before the marsh was put into Storm, the estimated cost for the marsh restoration Marina Beach was $12M. If Mr. Williams wants a placelolder for Parks, she suggested increasing that to $17M because then it would not impact utility ratepayers. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO CHANGE THE MARINA BEACH IMPROVEMENTS SUBCOMPONENT MARSH ESTUARY WILLOW CREEK TO $17 MILLION FROM $5 MILLION. Councilmember Buckshnis said she does not understand why people cannot understand this, noting the $16M was part of the rate study. She offered to provide Councilmembers the rate study presentation. She reiterated this project has always in Parks & Recreation because it is a regional park and numerous grants are available through RCO. This addresses Mr. Williams' concern that the City needs to show there are funds dedicated to the marsh. Councilmember Distelhorst suggested Ms. Feser speak to this, relaying his concern with having $34M on the books between the two projects. Ms. Feser said the project identified on page 10 of the CFP is very specific to the Marina Beach Park project and is a separate project. She agreed Willow Creek ties in with and supports the marsh restoration. It is a very clearly defined project; a master plan was done in 2015, there is 30% design completed for the park project, staff has been applying for grants through RCO with the specific project scope and there is a current cost estimate of $M. That $5M is separate from the $17M identified for the marsh restoration on the other side of the tracks. She summarized these are very different projects and the Marina Beach project is clearly defined and advanced, and has a tight cost estimate that was updated this year. Edmonds City Council Approved Minutes December 15, 2020 Page 14 Councilmember Distelhorst appreciated the explanation that this project was further advanced and more specific and further along. COUNCILMEMBER BUCKSHNIS WITHDREW THE MOTION. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, ON PAGE 28, EDMONDS MARSH ESTUARY RESTORATION IN THE CIP PARKS AND PUT IN $12 MILLION BECAUSE THAT 1S WHAT 1T WAS 3 YEARS AGO BEFORE MR. WILLIAMS TOOK ALL OF IT OUT AND PUT $17 MILLION INTO STORM. SO I WILL DO A $12 MILLION ESTIMATE FOR THE EDMONDS MARSH ESTUARY MARSH RESTORATION WILLOW CREEK DAYLIGHTING WHICH IS FOUND ON PAGE 28. Councilmember Buckshnis said in the previous Parks CFP/CIP, there was $12M in one area and $5M for Marina Beach which has a master plan. The $12M was for marsh restoration or the second part of the system which deals with moving under the railroad tracks and into the marsh itself. This is a regional park, it is the main part of the PROS Plan and next year she hoped to be able to convince the Council it was not a $17M stormwater project. Mr. Williams observed this is perceived as more complicated than he thought; there are two $5M amounts; it was thought at one time that the daylighting of Willow Creek, establishing the hydrologics from Shellabarger and Willow Creek across the marsh, across the Unocal property under the railroad tracks and across Marina Beach Park, all that excavation, development of the channel, lining the channel and the supportive work was the daylighting project was estimated at $12M- $13M 2-3 years ago. The most recent cost estimate is $17M just for that portion. Additional resources are needed, approximately $5M, to build the subsequent new Marina Beach Park around that channel that the daylighting project would create. They are companion projects that need to be sequenced properly, but they are two separate projects. The marsh restoration project is primarily the daylighting of Willow and Shellabarger Creek but there are other elements such as flood walls that bring the total cost to $17M. Once that is complete or at the same time, the other $5M would be used to create the new Marina Beach Park. Mayor Nelson restated the motion: $12 MILLION ESTIMATE FOR EDMONDS MARSH/WILLOW CREEK ON PAGE 28 OF THE CIP. Ms. Feser clarified that is Fund 125 Willow Creek project which currently shows no funding. She suggested adding Fund 125 to the motion. Councilmember Buckshnis said she thought it should be Park Construction Fund 332. Mayor Nelson restated the motion: $12M FOR FUND 332 PARKS CAPITAL PROJECTS. Councilmember Distelhorst asked the page number for tonight's packet. He observed it was page 302, but there were no fund numbers. Councilmember Paine observed the CIP is the short term budget document, commenting she was trying to follow bouncing between the CFP and CIP. If this was put into the Parks Capital fund, she asked if there needed to be a construction projects assigned to it or could it be a placeholder. Ms. Feser answered if the Council earmarked that amount in the CIP it could influence park impact fees. The part of the CIP used to justify park impact fees needs to be reasonable, realistic and doable otherwise the park impact fee can be challenged. She suggested the Council consider that when earmarking that amount in the Parks CIP. Councilmember Paine relayed her understanding that including that amount in the Parks CIP, whether it was from REET or Parks Construction, it could have an effect on park impact fees and if challenged, Edmonds City Council Approved Minutes December 15, 2020 Page 15 could create be a whole new layer of problems. Mr. Taraday said determining whether a park impact fee has been properly calculated is a complex analysis and is probably beyond scope of what the Council can cover tonight. COUNCILMEMBER BUCKSHNIS WITHDREW THE MOTION. Councilmember Buckshnis said she will provide documents for prior years so the Council can look at all the information. She reiterated utility ratepayers are burdened by the cost of the marsh restoration. The amount was $12M in the past although she was unsure how that amount was developed. She suggested working on this at a retreat next year. Councilmember K. Johnson said she submitted a number of comments to Councilmembers and Directors today that Council/Legislative Assistant Maureen Judge helped her prepare. Since she cannot read it, she suggested the directors read the comments associated with their subject matter such as Ms. Feser read parks and Mr. Williams read transportation. Council President Fraley-Monillas commented because that was submitted so late in day she had not had a chance to look at it and was unsure if other Councilmember or Directors had. Mayor Nelson agreed it was an extensive list to submit on the last day of Council's meetings. Mr. Williams said he received the list at 3:45 p.m. today and was confused with exactly what was being proposed. It begins with a list of items not in the Comprehensive Plan, and asked if that meant not in 2015 Transportation Comprehensive Plan. Councilmember K. Johnson said she meant to say they are not in the Transportation Element of the Comprehensive Plan so it would be appropriate to have them in the plan before the construction project is funded as that is the proper order. Mr. Williams said some of the projects are included in the budget. Councilmember K. Johnson said the reasons they are not in the Transportation element is because that is only updated every six years. These three projects are more topical, related to the Waterfront Center, Railroad Avenue and one other. She was not asking for any action, she was only pointing out the problem. Mr. Williams said there was a list of 17 transportation projects and he was not aware what want Councilmember K. -Johnson wanted to do with them. Councilmember K. Johnson said she was referencing the three that were not in the Comprehensive Plan. Mr. Williams said the list stated none of the 17 are in the Comprehensive Plan. Councilmember K. Johnson said that was incorrect. Mr. Williams clarified that was what was sent out. Councilmember K. Johnson apologized, advising she was having vision difficulties so was working with Ms. Judge, writing in large script and Ms. Judge was translating. Any errors are her own, but she will work with Mr. Williams to move through the information as quickly as possible. Mr. Williams said at the end of each of the 17 items, there is a statement, long term priority 3, long term priority 4, etc. He was unclear whether that was a proposed priority status or an existing priority. If it was an existing priority, the project must be in the plan. Councilmember K. Johnson said except for the three she mentioned, all the projects are adopted in the Transportation Element of the Comprehensive Plan. They were identified as either a short walkway or a long walkway and each were prioritized. That was adopted by past Councils in the Comprehensive Plan and it shows the ranked priority of the different walkway projects. Mr. Williams asked which 3 of the 17 she was referring to. Councilmember K. Johnson was uncertain but recollected the sidewalk associated with the Waterfront project. Mr. Turley offered clarification, the first one states it is not in the Transportation Element as well as two in the middle of page 2. Mr. Williams observed one was SR 104 HAWK signal to Pine Street Walkway. Councilmember K. Johnson said she wanted to point out that these three projects, although very important Edmonds City Council Approved Minutes December 15, 2020 Page 16 to the City and probably already have funding, have not been properly considered so should be considered in the next Transportation Element. She was not asking the Council to take any action in this budget. Councilmember Buckshnis said one of the projects she brought up was the Sunset Avenue Walkway from Bell Street to Caspers Street and the $3M is not in the Transportation Element of the Comprehensive Plan. She asked if that was accurate. Councilmember K. Johnson said she stands by what she wrote but does not know what she wrote. She remembered that there were three projects, but it was possible that one had not been vetted either. That creates a problem for Sunset, if the City is allocating $3M for a project the community had not agreed upon, and is putting the cart ahead of the horse. With regard to the Waterfront Center, that is an active project. Mr. Williams said Sunset is complicated; the City started several years ago to make something happen there. There are still approximately $170,000 in grant funds available, but no path forward to spending that any time soon. Staff is talking with WSDOT about unwinding that project, beginning it again someday when there is a clearer path forward working with the Council and community. There are two big projects on Sunset that need to be done before a walkway. Councilmember K. Johnson commented three years of the CIP are constrained, 2021-2023 so it is probably in those three years that there is $170,000 from WSDOT. Mr. Williams guessed that was correct, noting there was not a year with $3M. Council President Fraley-Monillas said if these are all just pointers, she did not see how the Council could work though each one. The Council has had the CFP/CIP for eight weeks and bringing this information to the Council at 4 p.m., she cannot make heads or tails of it. Councilmember K. Johnson has said it is not really an amendment, just suggestions or comments. Council President Fraley-Monillas said unless there was a motion, she was perplexed about what the Council was doing with the information. Councilmember K. Johnson said it began with Mr. Williams saying he didn't understand what she had written and asking questions and she tried to respond to his questions. She apologized she did not get the information to Council sooner. She suggested going through it would not be easy but, like the budget, once the discussion gets going, it would be clear. Councilmember Buckshnis suggested the CIP and CFP needed to be scrubbed and she suggested spending time in the summer going through them to determine if everything is accurately reflected, whether they tied to Comprehensive Plan, whether they should be in Storm or Parks, etc. Councilmember K. Johnson is snaking comment regarding errors in CFP/CIP, but it is not part of the amendment process. Councilmember K. Johnson agreed the CFP/CIP process needed to be scrubbed. The CFP/CIP is a budgetary tool that the Council looks at every year. The first three years of the CIP are constrained and only document parts of projects that have funding from grants or other sources. The other three unconstrained years are projections. She was not asking for any changes but wanted to provide a global analysis. When she first saw all the projects, she was excited because she did not remember having pedestrian non -motorized projects in the CIP. But once she looked at the numbers, they tell the whole story. For example, in the next three years, the constrained portion of the CIP, only $1,118,000 will be spent on walkway projects. In 2021 and 2022, only one project is funded, the Elm Valley Walkway, $150,000 in 2021 and $968,000 in 2022 for a total of $1,118,000. That is not very much money and will not progress the walkway program very far. In unconstrained years of the CIP, there is $4,543,200 for 2024, $11,718,000 in 2025, and $7,586,000 in 2026. The bottom line is if the City wants to do more sidewalk projects, this CIP will not help do that; it is a pittance. The reason she indicated whether the projects were short or long walkways and the priority was because it indicates where the money should be spent. Short walkways are cheaper and long walkways are more expensive. This administration has supported the concept of better walkways and better circulation and the benefits, but this CIP does not get the City where she wants it to go. Looking at priorities by year will help decide what projects to fund. Edmonds City Council Approved Minutes December 15, 2020 Page 17 Councilmember K. Johnson said she served on the Planning and Public Works Committee with former Councilmember Tibbott. The committee talked about how to get sidewalks built and the truth was without grants, they would not get built because there was no money. Staff indicated the problem was the need for a consultant to design the project, go out to bid, etc. Staff suggested hiring a sidewalk crew, two people in Public Works. Council President Fraley-Monillas interrupted, stating this was out of order. The Council is supposed to be debating the CFP/CIP, but this commentary is going nowhere. She asked City Clerk Scott Passey to rule on this. Mr. Passey said if the discussion was not driving toward a yes or no vote on the CFP/CIP ordinance, which may include amendments, debate and votes, it was probably out of order. Mayor Nelson agreed. Council President Fraley-Monillas said she did not want to shut down Councilmember K. Johnson and suggested issues related to the CIP/CFP would be a good topic for a retreat in 2021. Tonight is not the time to present an 8-9 page document regarding issues with the CFP/CIP. Mayor Nelson agreed. Councilmember K. Johnson agreed and offered to work on that retreat item. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY-MONILLAS, TO APPROVE THE ORDINANCE ADOPTING THE 2021-2026 CAPITAL FACILITIES PLAN, CONCURRENTLY WITH THE ADOPTION OF THE CITY 2021 BUDGET LATER TONIGHT. UPON ROLL CALL, MOTION CARRIED (6-1), COUNCILMEMBERS K. JOHNSON, DISTELHORST, OLSON, PAINE, AND L. JOHNSON, AND COUNCIL PRESIDENT FRALEY-MONILLAS VOTING YES; AND COUNCILMEMBER BUCKSHNIS VOTING NO. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE THE 2021-2026 CAPITAL IMPROVEMENT PROGRAM AS DESCRIBED IN OUR PACKET. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS DISTELHORST, OLSON, PAINE, AND L. JOHNSON, AND COUNCIL PRESIDENT FRALEY- MONILLAS VOTING YES; AND COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS VOTING NO. Councilmember K. Johnson asked to change her vote on the motion to approve the CFP. Mr. Taraday said if Councilmember K. Johnson voted in the affirmative, she can move for reconsideration. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, FOR RECONSIDERATION. MOTION CARRIED UNANIMOUSLY. Councilmember K. Johnson said she wanted to change her vote from yes to no. Mr. Taraday said that could be done via a roll call vote. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS DISTELHORST, OLSON, PAINE, AND L. JOHNSON, AND COUNCIL PRESIDENT FRALEY-MONILLAS VOTING YES; AND COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS VOTING NO. Mayor Nelson declared a brief recess. 4. EMERGENCY ORDINANCES TO ALLOW STREATERIES IN ROW & OUTDOOR DINING WITHOUT CU PERMIT Development Services Director Shane Hope reviewed: • COVID 19 has changed the way we live • Restaurants & similar businesses hit hard • Special Event Permit —Temporary Mitigation Edmonds City Council Approved Minutes December 15, 2020 Page 18 o Special event permit was authorized in August to allow dining in designated vehicle parking spaces ■ Originally thru Oct. 11 ■ Extended thru Nov 8 • Extended thru Dec 31 or Council adoption of streateries ordinance, whichever sooner o Liked by many people ■ Helps keep small businesses alive x Brings festive atmosphere to community ■ Allows users to dine in public place, but still have fresh air and spacing • Two concepts for code updates to help address economic crisis 1. Streateries (parklets allowing dining/beverage service in designated vehicle parking space, within ROW) 2. On -Site Outdoor Dining (allowing more opportunities —without CUP —for outdoor dining on private property, not in ROW) o Both concepts presented at: ■ City Council's Nov. 12 PSPP Committee meeting ■ City Council's Nov. 24 meeting • "Streateries"— aka "Parklets" that are specifically for dining o Streateries Concept —Highlights ■ Applicable citywide, adjacent to commercial uses where street parking spaces are available ■ Subject to individual permits for up to one year with 6-month extensions possible ■ Dining on raised platforms, flush with sidewalk, to provide ADA accessibility ■ Maximum 2 parking spaces per use ■ Safety standards (e.g., fire & structural safety) to apply �+ Insurance and "hold harmless" agreements by applicants required ■ Some aesthetic guidelines included • Limitation on total number of streateries: 20 ■ Must meet state & health district standards (incl for COVID protections) ■ Must have reflective lights for night-time x Applicants to pay cost of platforms, safety barriers, liability insurance, etc. Note: City staff has also explored what other cities are doing for streateries o Draft Ordinance for Streateries ■ Amends Chapter 18.70 (Street Use and Encroachment Permits) ■ Proposed as emergency ordinance it Timing fits with Council's intent to respond quickly to COVID impacts ■ If adopted as emergency, public hearing proposed for Feb. 2 Proposed to sunset on May 1, 2022 unless Council takes other action sooner Sets specific standards, permit process, and inspections for streateries ■ Assures compliance with Governor orders, ADA, fire safety, & other requirements On -Site Outdoor Dining o On -Site Outdoor Dining Concept —Highlights ■ Allow under simple permit process, without going thru conditional use permit process ■ Allow on business property, such as on deck or patio or in parking lot ■ No requirement for additional parking spaces ■ May include canopy or awning ■ Ensure safety standards (e.g., for heaters) are met ■ Must have ADA access ■ Must meet building setback standards o Draft Ordinance for On -Site Outdoor Dining ■ Amends Chapter 17.75 (Outdoor Dining) Edmonds City Council Approved Minutes December 15, 2020 Page 19 ■ Proposed as emergency interim ordinance • If adopted as emergency, would require public hearing, possibly February 2 • Would be in effect for up to six months in While interim ordinance is in effect, Planning Board would review & propose to City Council any longer -term ordinance Recommended Next Steps o Council to: ■ Adopt emergency ordinance for Streateries (with sunset date) ■ Adopt emergency interim ordinance for On -Site Outdoor Dining (with longer term recommendation by Planning Board in early 2021) ■ Hold future public hearings as needed (circa Feb. 2) o City staff to: Finalize handouts and web information Get word out to affected businesses Mayor Nelson advised Council questions would be taken in a round robin format with Councilmembers asking one question at a time. With regard to enforcement, Councilmember Distelhorst assumed the City would do an inspection when a restaurant applied for a permit and asked if someone who observed an inconsistency should contact the City's code enforcement. Ms. Hope answered yes. Councilmember Buckshnis relayed a question she had been asked whether a restaurant had to go to the expense of constructing a platform if they had ADA compliant seating available on the sidewalks. Ms. Hope said there was an exception in the ordinance for those situations. Councilmember Paine asked if a restaurant with a sidewalk cafe on the sidewalk would also be allowed to have a streatery in the right-of-way. Ms. Hope said based on past experience, there are a few businesses that have both sidewalk dining and a streatery, but most do not. This ordinance would allow the first 20 applicants who meet the requirements to obtain a permit, regardless of whether they have sidewalk dining. They would need to meet all the standards, but would not be penalized for having sidewalk dining. Councilmember Paine observed a restaurant could have both, a sidewalk cafe and a streatery. Ms. Hope agreed they could but would have to meet the 5 foot minimum span between so ADA access could be accomplished. With regard to enforcement, Councilmember L. Johnson asked what resources were available to assist businesses with enforcing health district standards such as the COVID protections. People who see things happening can report them to code enforcement, but what is the City doing to assist businesses who may be put in uncomfortable situations if customers do not abide by the requirements. The streateries are a new thing and there are disagreements about what should/should not be done to protect the public's health. If the streateries were intended to help restaurants stay in business and weather the pandemic, she asked whether it up to them to enforce the code or were there resources to assist with people who were not compliant. Ms. Hope answered the City does not enforce capacity limits in stores or enforce the use of masks, etc.; businesses are expected to deal with it. If there is a serious problem, the establishment can call the police or someone else for help. Providing information to the public regarding the rules is helpful. Mr. Doherty said during the late summer and fall when streateries were allowed via a special event permit, he talked to restaurants with a streatery every week; a couple restaurant owners reported having rowdy people or people trying to join tables, or other things that weren't allowed. The restaurant owners viewed the ability to use the street as a privilege and were very conscientious and had asked people to leave, etc. He assured they would be encouraged to observe the governor's statewide restrictions in this space because ultimately it was a privilege. Edmonds City Council Approved Minutes December 15, 2020 Page 20 Councilmember K. Johnson recalled many years ago noted planner named Brooks spoke regarding community development in downtown Edmonds. He said if the City achieved a certain density, people would think of Edmonds as a place to eat. That has basically happened, Edmonds has become a destination and some of the City's codes were changed, including sidewalk seating. She did not want to dismantle that because it had been very successful. The Council is now considering other things to help restaurants and preserve the environment for the business community. However, if two parking spaces are dedicated for pickup and two for a streatery, she felt that was too much and did not support other uses in downtown Edmonds. She agreed with allowing sidewalk seating and off-street seating, but preferred to be more conservative with regard to allowing dining in parking spaces. She suggested allowing either two parking spaces for pickup or two parking spaces for a streatery, but not both. Ms. Hope said the parking spaces for pickup are handled by the Public Works Department who likely would not allow parking limitations too close to other things. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO EXTEND TO 10:20 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Olson gave kudos to business owners, commenting so much has been thrown at them with constant change and they have been resilient, flexible and adaptable. They are a special breed and she was proud of them and encouraged them to keep up good work. Her biggest concern with what she has seen with the streateries is ensuring the spirit of the law is upheld. It is not just about creating an outdoor room with no ventilation, the point is for it to be healthier than eating inside. She hoped that was implicit in the ordinance and that it was enforced because the purpose of allowing outdoor dining was because it was safe. With regard to streateries being a privilege and the City bending over backward to support restaurants, she pointed out with privilege come responsibility. She urged the business community to find ways to help retailers next door, whether via a flyer attached to a takeout bag, tent cards on tables, or word of mouth such as popcorn for sale at the movie theater, or having Glazed and Amazed projects at a streatery during the day when it is not as busy. She thanked staff for their work on this project. Councilmember L. Johnson expressed concern about impacts on businesses, for example Glazed and Amazed that has one parking space and streateries on either each side. She asked if Glazed and Amazed could do the same thing, allow patrons to do art projects outside. Ms. Hope it is just for restaurant -type businesses who are closed to indoor customers. If the governor's orders change, staff will come back to Council to discuss options for other businesses. Councilmember L. Johnson asked how the decision was made to have one parking space between streateries and why two spaces were not required if a nearby business used the parking. Ms. Hope said people seldom get to park directly in front of the business they are frequenting; they may need to park 1-2 blocks away. The idea was to ensure restaurants could serve customers adjacent to their space, recognizing that people may have to walk a bit to reach other businesses. Councilmember L. Johnson said the way the ordinance is written, no more than two streateries can abut each other. Ms. Hope said another issue that came up is whether the parking spaces between streateries are too narrow so the ordinance requires a one foot setback on each side of the available parking space to provide some additional space. During the special event streateries, staff worked with restaurants to provide that and it worked well. Councilmember L. Johnson commented the ordinance allows two abutting streateries and one parking space between. In an area with nine parking spaces, there could technically be four streateries and only one parking space. She was concerned with how that could impact other businesses. Ms. Hope agreed it was a challenge, but there could only be a total of 20 streateries. Where it makes the most sense to have streateries is in areas where restaurants are concentrated. It is a balancing act, restaurants tend to be Edmonds City Council Approved Minutes December 15, 2020 Page 21 clustered together. To make it work, the streateries need to be close to the restaurants. Councilmember L. Johnson wanted to ensure other businesses were kept in mind and it was not too difficult for them. Councilmember K. Johnson said one issue that was discussed previously but was not addressed tonight was the use of gas heaters and their impact on the environment. She asked what staff had learned. Ms. Hope answered in general gas heaters will not be used due to fire protection concerns with the flames and because few propane heaters are available. The preferred option will be electric heaters. Councilmember Paine observed restaurants providing onsite dining did not need to restore parking spaces. If on -street parking is constrained by streateries, she envisioned in 6-8 months there would be a lot of congestion and not a lot of parking and the City would be in the same place it was in the summer of 2019. She requested parking be monitored particularly when the weather gets warmer and people feel safer to come outside. Ms. Hope assured there will be monitoring and adjustments made as needed. With regard to the use of parking lots, it pertains mostly to businesses outside of the downtown area because few downtown restaurants have onsite parking. There are restaurants in Five Corners or Highway 99 that have more than enough parking and can allocate space for outdoor dining. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO APPROVE AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 18.70 ECDC, ENTITLED "STREET USE AND ENCROACHMENT PERMITS," TO ALLOW "STREATERIES" FOR DINING IN THE PUBLIC RIGHT-OF-WAY, DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS ORDINANCE. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND THAT THE FIRST ISSUANCE BE THROUGH OCTOBER 31ST WHICH BRINGS US TO HALLOWEEN AND THE START OF THE HOLIDAY SEASON FOR OUR EDMONDS MERCHANTS Councilmember K. Johnson said the City needed to be mindful of protecting businesses and there could be a six month extension. Council President Fraley-Monillas suggested if the Council really wanted to protect businesses, they would not have streateries in the summer because that is when downtown businesses experience the majority of the crowds. They have crowds around the holidays but only for a few days. Councilmember K. Johnson said Council President Fraley-Monillas was not speaking to the motion. Council President Fraley-Monillas did not support the motion because the issue was more than just around the holidays. By supporting the motion, a Councilmember was agreeing that that was when businesses did the majority of their business which she did not think was accurate. Councilmember Distelhorst relayed his understanding that the interim ordinance was the second one, not this one. Ms. Hope said the motion related to the ordinance for streateries is an emergency ordinance that is effective for one year. A one year period would allow businesses some assurance that they could recoup some of the costs associated with installing the necessary equipment. Councilmember Olson said the question posted by Councilmember K. Johnson was very thoughtful and she appreciated the reminder about the entire economic community. She trusted business owners would look out for their neighbors and businesses would consider how to capitalize on the restaurants who were granted the privilege of a streatery. Edmonds City Council Approved Minutes December 15, 2020 Page 22 UPON ROLL CALL, AMENDMENT FAILED (2-5), COUNCILMEMBER K. JOHNSON AND COUNCIL PRESIDENT FRALEY-MONILLAS VOTING YES; AND COUNCILMEMBERS DISTELHORST, BUCKSHNIS, OLSON, PAINE AND L. JOHNSON VOTING NO. UPON ROLL CALL, MOTION CARRIED (7-0); COUNCILMEMBERS K. JOHNSON, DISTELHORST, BUCKSHNIS, OLSON, PAINE AND L. JOHNSON, AND COUNCIL PRESIDENT FRALEY-MONILLAS VOTING YES. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 17.75 ECDC, ENTITLED "OUTDOOR DINING" AND A RELATED SECTION, CHAPTER 17.70 ECDC, DECLARING AN EMERGENCY NECESSITATING AN IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS INTERIM ZONING ORDINANCE. MOTION CARRIED UNANIMOUSLY. 5. ADOPTION OF 2021 CITY BUDGET (Previously Consent Agenda Item 6.12) COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, FOR APPROVAL OF THE 2021 CITY BUDGET. Councilmember K. Johnson said she pulled this to reserve the opportunity if any changes were made to the CFP/CIP. MOTION CARRIED UNANIMOUSLY. 8. NEW BUSINESS 1. SELECTION OF COUNCIL PRESIDENT FOR 2021 COUNCIL PRESIDENT FRALEY-MONILLAS NOMINATED SUSAN PAINE AS COUNCIL PRESIDENT. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO EXTEND ANOTHER 15 MINUTES. MOTION CARRIED UNANIMOUSLY. Mr. Taraday said once all the nominations are made, the Council will vote in the order nominations were made and the first to have a majority will be selected. COUNCIL PRESIDENT FRALEY-MONILLAS NOMINATED LAURA JOHNSON AS COUNCIL PRESIDENT PRO TEM. COUNCILMEMBER BUCKSHNIS NOMINATED VIVIAN OLSON AS COUNCIL PRESIDENT PRO TEM. SUSAN PAINE WAS SELECTED 2021 COUNCIL PRESIDENT BY ACCLAMATION. COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS DISTELHORST, PAINE, AND L. JOHNSON VOTED IN FAVOR OF LAURA JOHNSON AS COUNCIL PRESIDENT PRO TEM. 2020 BOARD & COMMISSION RETIREMENTS (Previously Consent AEerida Item 6.8) Councilmember Olson thanked citizens who have served on boards and commissions and are retiring. Edmonds City Council Approved Minutes December 15, 2020 Page 23 Councilmember Paine echoed Councilmember Olson's thanks, commenting Edmonds runs on its volunteers. Although the City was unable to hold a volunteer celebration this year, she recognized the important work done by volunteers and said the City would not get one quarter of the things done without volunteers. They are the eyes and ears of the community and have provided many great ideas. Council President Fraley-Monillas echoed Councilmembers Olson and Paine's comments, advising the retiring members were welcome to apply to another board or commission because terming out on one did not mean they could not apply for another. Councilmember Buckshnis thanked everyone, relaying she received an email saying some of the people did not term out from their position. She appreciated their service and if they were not reappointed, they could apply for another position. City Attorney Jeff Taraday advised no Council action was necessary on this item 3. 2021 BOARD & COMMISSION REAPPOINTMENTS(Previously Consent Agenda Item COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO APPROVE THE 2021 REAPPOINTMENTS AS SHOWN. City Attorney Jeff Taraday relayed his research confirmed four of the five boards are Mayor appointments with Council confirmation. As mentioned earlier, the five members of the Lodging Tax Advisory Committee are appointed by Council. As long as the Council agrees to appoint the five members, there is no reason to alter the motion that has been made. MOTION CARRIED UNANIMOUSLY. 9. COUNCIL COMMITTEE REPORTS COUNCIL COMMITTEE MINUTES 10. MAYOR'S COMMENTS As this is the last Council meeting of 2020, Mayor Nelson said to many, 2020 will be year they will always remember and to others it will be a year they will wish to forget; a year that showed our country at its very worst and at its very best; a year where there has been suffering sickness, selfishness, and tragedy, that has been met with compassion, sacrifice, caring and goodwill. We will be forever marked by COVID during these times but we will not be defined by them. A new day is before us; 2021 is filled with promise, a year of recovery, vaccines and with citizens wearing masks, a year of improving health. The virus has exposed our vulnerabilities and also revealed our unwavering connection and commitment to each other. He wished Edmonds residents, Council, and City staff a safe holiday and a much needed Happy New Year. IL COUNCIL COMMENTS Councilmember Olson thanked the citizens who showed up with public comments and a lot of emails, overwhelmingly caring about the community of color and their systemic challenges with police, overwhelmingly in support of support of victims, and overwhelmingly in support of the Police Department and Acting Chief Lawless. She called on Mayor Nelson to forego needless taxpayer expenditure on another national search when the City already has such a capable, accomplished and trusted Chief. With its 0.03 use of force rate and exceptional record for diversity hiring and promotion, Edmonds City Council Approved Minutes December 15, 2020 Page 24 the EPD has earned the trust of citizens and has flourished under Jim Lawless' leadership. Chief Lawless' experience and firsthand knowledge of the department make him the perfect person to spearhead the progress and ongoing excellence in the department. She implored Mayor Nelson to exert the great power he has to create some peace on this little piece of earth we call Edmonds and home. She wished everyone Happy Holidays. Councilmember Distelhorst echo Mayor Nelson's comments on the health and safety of the community. There are many different holiday celebrations coming up and he recognized that people want to see their family and friends. There has been a lot of death including 37 Edmonds residents, 314 Snohomish County residents and 3,000 Washington state residents and everyone needs to work toward preventing that. Especially with a vaccine coming out, now is the time to be as diligent as ever to keep each other safe, especially over the holidays when hopefully there are brighter days ahead. For those able to support those in need during this season especially during the winter, the Everett Herald published an extensive list of local organization that help people in Edmonds and in Snohomish County in need of assistance. He wished everyone a safe and Happy Holiday and a Happy New Year. Councilmember Buckshnis echoed Councilmember Olson's comments. She referred to 2.10.010(D), relaying it is back in the Mayor's court. She recalled when Roger Neumeier retired, Scott James was hired within six months to replace him. She agreed with looking into that practice because the City had two very good candidates. If the Council needed to hold an emergency meeting before year end, that would be great or the new Council President could work on it. She favored looking into that issue: Councilmember Buckshnis wished everyone Happy Holidays and echoed Councilmember Distelhorst's comments; many people have had family members die or friends of family members die. It is tough during the holidays when there is increased stress with buying or not buy gifts, drinking or eating too much and domestic violence increases tremendously during holidays. She assured there was help available and people need to call or text others and not give up. We are all in this together and sometimes it is difficult, but we need to move forward. Great things have been done this year; she appreciated citizens reaching out to her this year, commenting even if they have to agree to disagree, she appreciated their comments. She encouraged those having a tough time to think positive thoughts. Councilmember K. Johnson said tonight marks the end of a tumultuous year, not only in the country but also on City Council. The Council was finding its sea legs this year as it welcomed four new members. They are no longer freshman and are now seasoned. The Council has had growing pains with many polarized votes and discussions. At its worst, the Council has been called a dysfunctional family; at its best the Council is seven individuals who represent the citizens. At its best, the citizens have witnessed democracy in action when the Council passionately debated issues for Council consideration. She has to remind herself that it is not personal. She wanted to wrap up 2020 and wipe the slate clean for 2021. She was looking forward to the holiday break and will work toward improving her patience, understanding and communication for next year. Councilmember K. Johnson said serving on the Council with Councilmember Buckshnis and Council President Fraley-Monillas, they have been part of her Council family. Often a dysfunctional family; two people who share her passion for the community, but they often disagree on issues but care about the Highway 99 Corridor and the Edmonds Marsh and want to push through those agendas. Both Council President Fraley-Monillas and Councilmember Buckshnis share a special pace in her heart; they have been her guardian angels. In 2018 Council President Fraley-Monillas responded to her sister who lives in California to do a welfare check on her. Council President Fraley-Monillas came to her house and discovered an open door and called 911 after finding her unresponsive. She would not be her tonight without those actions. Last month Councilmember Buckshnis came to her home and insisted she receive Edmonds City Council Approved Minutes December 15, 2020 Page 25 medical help. Without her insistence, she would not be here; again, taken by 911 to the hospital. Councilmember Buckshnis has been her guardian angel. Councilmember K. Johnson said she is a private person and does not like to talk about her health challenges; her Swedish DNA means she stoic and silent about those things. But she set aside her discomfort to thank Council President Fraley-Monillas and Councilmember Buckshnis for their love and support. Although they may disagree on stuff, they are strong, independent women who care passionately about the City of Edmonds. She wish everyone a safe holiday. Council President Fraley-Monillas wished everyone a Happy Holiday and Happy Hanukkah and said she looked forward to the holiday season. She announced a former Councilmember, Natalie Shippen, passed away recently. Ms. Shippen served on the Council for at least one term and stayed involved for the rest of her life. She was a woman who would not take no for an answer regardless of what someone said or did. Council President Fraley-Monillas was sorry for her loss and said she had been an amazing Councilmember. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO EXTEND 5 MINUTES. MOTION CARRIED UNANIMOUSLY. Council President Fraley-Monillas congratulated to Councilmembers Paine and L. Johnson and offered her assistance. She relayed the code requires the Mayor present three candidates for a reason. One of the reasons is to give people an opportunity to look at what's out there. She encouraged Mayor Nelson to continue the process of identifying the top three candidates. She was uncomfortable making decisions based on personal feelings. She liked Jim Lawless and said he was a good, amazing man and had always been very helpful to her, but that did not mean Mayor Nelson should not follow the hiring process. Hiring a Police Chief or Department Director is an important decision and she supported Mayor Nelson following the City's code. Councilmember Paine appreciated the fresh start. She was surprised by how emotional she was when the vaccines started rolling out because it offers a fresh look at things which will be wonderful for everyone. She encouraged people to enjoy the holidays and their families, but to be safe. She wished Happy New Year, Merry Christmas, Happy Hanukkah, and all the other celebrations such as birthdays. She has enjoyed everything the Council has worked through this year, some more than others, and she looked forward to 2021. The City had a great agenda for the legislature and she looked forward to it all coming together. Councilmember L. Johnson reported last Monday she watched a live feed of "A Kudos Hearing" put on by the Edmonds Municipal Court. It included invited guests who had once been defendants in the court who shared their stories and were recognized for their hard work and congratulated for their successes. The stories showcased the impact of Edmonds Municipal Court's motto, to provide the community access to justice with respect and integrity. These inspiring stories are available on an audio recording on the City's website under Municipal Court and Court Audio Recordings. She encouraged the public to stay safe, stay home, social distance and wear masks. She looked forward to a safer and healthier 2021. Student Representative Roberts echoed Councilmember Distelhorst's comments about donating to the less fortunate if you are able. This is the time to look out for each other in any way possible. He urged the public to wear masks; relaying he found it extremely disappointing last week to see a large group of teens gathering closely without masks. Putting this virus in the past is a community effort and takes everyone. Approaching a time when there are typically family gatherings, he urged everyone to play it safe this year, not meet with family from other households, and only go out when they need to. The vaccine is not a save -all solution; people still need to social distance and wear a mask over their nose. Don't take anything for granted, and to anyone struggling, he said you are not alone, there are plenty of people who Edmonds City Council Approved Minutes December 15, 2020 Page 26 can help. IIe urged people to reach out to friends and family to see how they doing. He wished everyone a very happy and safe holidays and a prosperous 2021, x2, ADJOURN With no further business, the Council meeting was adjourned at 10:41 p.m. Ml'.,NA£L NELSON, MAYOR PASSEY, CITY Ednionds City Council Approved Minutcs December 15, 2020 Page 27 y I p+' .' Public Comment for 12/15 Council Meeting: From: Ken Reidy Sent: Tuesday, December 15, 2020 7:25 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 December 15, 2020 City Council meeting Has City of Edmonds government had a functional Comprehensive Emergency Management Plan (CEMP) in place over the past 5 plus years? Can any Elected Officials answer this question Please read the following from the December 15, 2015 Approved City Council Meeting Minutes. Highlighting has been added. As you read it, please appreciate that the Document was NOT brought back by March 31, 2016. It was not brought back until April of 2017. When it was brought back, the December 15, 2015 City Council Meeting Minutes were not included in the related Agenda Packet. The 2017 City Council appears to have not been aware of the concerns about whether this Document was even a functional Emergency Plan. Furthermore, Mr. Taraday's intervention on December 15, 2015 took place AFTER a unanimous Vote to pass the original motion had taken place. There was no motion to RECONSIDER the Legislative Act Council had just adopted. Council clearly discussed during the December 15, 2015 meeting that ESCA was disbanding December 31, 2015. Mr. Taraday heard that as he was in attendance. Despite that, Ordinance 4177 adopted by the 2020 City Council referred to ESCA in the body of the Ordinance. Please appreciate the danger of allowing a City Attorney to intervene into a Legislative Act. PLEASE advise as to the status of the CEMP and ECC Chapter 6.60. Will the CEMP be updated by December 31, 2020? Was it supposed to be updated nearly 2 years ago? From the December 15, 2015 Approved City Council Meeting Minutes: Councilmember Mesaros summarized the proper action would be to approve it for a limited period of time and make the necessary revisions. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER NELSON, TO APPROVE THIS DOCUMENT UNTIL MARCH 31, 2016, AND ASK CHIEF COMPAAN TO CALL ON Edmonds City Council Approved Minutes December 15, 2020 Page 28 COUNCILMEMBERS OR OTHER RESOURCES TO MAKE THE PROPER REVISIONS TO THIS DOCUMENT AND BRING IT BACK TO COUNCIL DURING THE MONTH OF MARCH. Councilmember Petso asked if funds were available for peer review or to provide additional expertise to the City on emergency plans. Chief Compaan answered this was prepared by ESCA who are the experts and it was approved by the State of Washington EMD. He anticipated DEM will work with the City on this. Councilmember Petso asked if there were grant funds available to assist communities with emergency planning. Chief Compaan answered not that he was aware of. MOTION CARRIED UNANIMOUSLY. Chief Compaan assumed this was approved via a resolution. City Clerk Scott Passey provided resolution number 1346. Councilmember Petso asked whether there was a resolution in the packet. Mr. Passey advised there was. Mr. Taraday explained the resolution in the packet states effectively immediately upon adoption and continue in full force and effect until amended. He recommended leaving that language as is with the understanding a revised plan will be brought back to the Council prior to March 31, 2016. COUNCIL PRESIDENT PRO TEM JOHNSON MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE RESOLUTION 1346, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, TO ADOPT THE 2015 CITY OF EDMONDS COMPREHENSIVE EMERGENCY MANAGEMENT PLAN AND DISASTER DEBRIS MANAGEMENT PLAN. Councilmember Buckshnis suggested adding "continue in full force and effect until March 31, 2016." Mr. Taraday recommended leaving the existing language in place. For example, if that language were included and a storm cancelled a March meeting, there would be no emergency management plan in effect. He summarized it was safer to leave the plan in effect until amended with the administration's understanding it will be brought back to Council. MOTION CARRIED UNANIMOUSLY. From: louise favier Sent: Sunday, December 13, 2020 7:26 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Streatery Ordinance Dear City Council, We are writing to thank you for your ongoing support for the outside dining options and streateries that are so vital to the survival of the bars and restaurants of Edmonds. The City has been working on a Streateries Ordinance and we wanted to let you know our thoughts. Edmonds City Council Approved Minutes December 15, 2020 Page 29 Firstly we want to say how very much we appreciate that the guidelines are fair and reasonable. We appreciate that the City is allowing that a floor platform is not required in a Streatery, if the business has other open-air dining that is ADA-compliant and available for customer use. Construction, labor and materials are very high right now and any additional costs that we are able to avoid is extremely helpful. We appreciate that we can continue to use our already -purchased blue canopies. This helps us to avoid additional costs. We understand that when we replace the canopies we will use the designated colors. The Ordinance suggests White Jersey barriers. We also prefer white barriers but they are difficult to obtain. Would the city consider supplying them? The limit of only two streateries next to each other and the overall limit of twenty streateries is concerning. Will it result in an unfair playing field, as a 'have' and 'have-not' outside dining situation could be created for next door businesses? Our own block of Main Street between 4th and 5th has 3 restaurants next to each other. Fortunately, Santa Fe has utilized their space on 5th Avenue rather than Main Street. Would you consider encouraging the City to change the ordinance to say a maximum of three in a row, and maybe 25 in the BID? The sunset date is ❑ecember 31st 2021. Will it be possible to have street seating into 2022? Recovering from the Pandemic will take a number of years, and it would mean so much to us to have longer access to the outdoor dining options so generously provided by the City of Edmonds. We will be attending the ❑ecember 15th Edmonds City Council Meeting to support this important ordinance which will hugely help the bars and restaurants to survive this difficult time. With appreciation for all the work you do to make Edmonds the wonderful community it is. Louise Favier & Brian P. Taylor From: willie russell Sent: Friday, December 11, 2020 7:08 AM To: Subject: 9th circuit ruling While many of you hide behind your work position to harass rights be advised we no longer care who you are or what you are. You violate our rights anymore and we will consider it an armed attack. Judge Anthony Howard allowed us to be threatened with death in court. 4 Edmonds City Council Approved Minutes December 15, 2020 Page 30 separate times by a white supremist! Detective Benntt of SCSO stated in recording he was ordered to not file a report. Judge Howard put me in Jail for going to the restroom after the hearing was over and he had left the bench as did his clerk 5days in jail for an unknown crime! This was as Jason Call lied to him about the August 2018 incident at Mukilteo city hall. Democrats doing all they can to stop folks from voting as they know that we in the system knows the truth about their actions! for third year in a row the 21st Id without a hearing just votes to remove me from the 21st Id and then decides I cannot receive any information or attend any of their private zoom meetings on Sharon Holts Private, undisclosed to PDC, Zoom forum. On Dec 5 2020 during reorg I was removed by vote after being allowed ome minute as a defense response time. They took 115 minutes in private zoom deciding i cannot no longer be in democratic party. And they call that DEMOCRATIC? Lots of DONALDS and KARENS in the democratic party. Or is this how the progressive democrats in the party wants the party to be in the future. One minute with no know allegation except i was complaining my VOTE WAS NOT COUNTED by Sharon Holt who was acting as Temporary Chair, in violation of 21st reorg rule which states a temp chair shall hold hearing till new chair is elected. Ms Holt was prior chair and acting as temp chair at same time. Violation of rules but who can we complain too? More discriminating Democrats! This 9th circuit ruling will open this county to massive lawsuit and each and every police report, lie, false filings, will be brought to show the years of attack on those who completed their sentences and was continually attacked by your sheriffs and the citizens who seek control over others. All the secret email tweets facebook posts of death threats that have been ignored and the assaults that have blinded, cause heart attacks, mersa will be shown! Sheriffs using tasers to make folks take drugs that do not belong to them may be why 22 people have died in our jails. Sheriff employees selling drugs in jail and on the streets, sheriffs murdering folks, deputies sexually assaulting children, yes she look 14 not 18 as deputy picks her up at park in middle of night? All will be exposed! And all we ask is an independant outside investigation to be held! Bet not one public official in Snohomish County calls for one except this PCO from the 21st LD, ME! Willie Russell 211d PCO Cascade Edmonds City Council Approved Minutes December 15, 2020 Page 31