Cmd040621EDMONDS CITY COUNCIL
VIRTUAL ONLINE MEETING
APPROVED MINUTES
April 6, 2021
ELECTED OFFICIALS PRESENT
Mike Nelson, Mayor
Adrienne Fraley-Monillas, Councilmember
Kristiana Johnson, Councilmember
Luke Distelhorst, Councilmember
Diane Buckshnis, Councilmember
Vivian Olson, Councilmember
Susan Paine, Council President
Laura Johnson, Councilmember
1. CALL TO ORDER/FLAG SALUTE
STAFF PRESENT
Patrick Doherty, Econ. Dev & Comm. Serv. Dir.
Shane Hope, Development Services Director
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 L. Johnson read the City Council Land Acknowledge Statement: "We acknowledge the
original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip
Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We
respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection
with the land and water."
3. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present, participating remotely.
4. PRESENTATION
1. CITIZENS' TREE BOARD ANNUAL REPORT
Development Services Director Shane Hope introduced Tree Board Member Donna Murphy. Board
Member Murphy reviewed:
• 2020 Board Members
o Frank Caruso, Co -Chair
o Barbara Chase, Co -Chair
o Bill Phipps
o Doug Petersen
o Gail Lovell (retired)
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Page 1
o Suzanne Juergensen
o Donna Murphy
o Ross Dimmick
o Diane Buckshnis (City Council Liaison)
■ 2021 Board Members
o Frank Caruso, Co -Chair
o Barbara Chase, Co -Chair
o Bill Phipps
o Doug Petersen
o Brian Doyle***
o Suzanne Juergensen
o Donna Murphy
o Ross Dimmick (Alternate)***
o Diane Buckshnis (City Council Liaison)
• Tree Board's Main Mission
o The City of Edmonds Tree Board actively encourages the planting, protecting and
maintaining of trees for the long term benefit to our community.
• Year in Review 2020
o Edmonds is now in its 10"' year as a Tree City USA
o Our 5th Growth Award (meaning we worked hard!)
o Trees in downtown Edmonds identified with temporary name tags
o We Zoomed!
o Edmonds' Elementary plot replanting; we removed a failing apple tree and replaced it with a
vine maple, native shrubs and ground covers
o Trees for Small Spaces brochure completed and distributed by request
o Supported the city on the formulation of the Tree Code
o We are strategizing outreach to citizens focusing on tree education and stewardship
o A big thank you to Gail Lovell for her dedication, expertise, and hours of volunteering.
o Photographs of Edmonds' Elementary School Site before clearing unhealthy apple tree and
after planting vine maple, native shrubs and ground covers
• Example of tree ID tag
o Looking to expand the program beginning in 2021
• Since we had to socially distance, we were able to recruit some of our family members to help us
complete our mission
• Photos of planting at Edmonds Elementary, tree planting, and summer market booth
• Tree Board Current Work
o When it is safe to resume and using COVID compliance procedure we look forward to:
■ Continue to distribute `Before you grab that chainsaw...' and Small Trees brochures
• Continue to provide input on the Urban Forest Management Program and a Tree Code
■ Continue education and stewardship Earth Day, Farmer's Market, Arbor Day
■ Continue to partner with Students Saving Salmon
• Work with the newly hired full time Arborist for the city
■ Revisit partnering with the Edmonds Library on a workshop for children on the
importance of trees in the environment
■ Explore Forterra and their partnerships with neighboring cities.
2021 Plans in Summary
o Educate and assist through various activities and events including:
■ Earth Day event partnering with Parks for a COVID compliant, socially distanced, small
group clean up at up to (3) locations
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Yost Park, Edmonds' marsh buffer area and possibly Marina Beach (April 24"') The city
will provide native trees to replace the failing alders: 33 Western hemlock, 34 cedars, 33
big leaf maples
Downtown educational tree tags continues. Tentative plans to create a "Little Library"
with donated tree and other garden/resource books. Hoping to have it be an Eagle Scout
project.
• Possible future programming may include:
- Summer market when it returns
- Edmonds in Bloom garden tour with tree identification
- Arbor Day Tree planting with Parks Department
o We look forward to safely working together in 2021
Councilmember L. Johnson thanked Board Member Murphy for the presentation and for the group's
creativity in pivoting during COVID. She expressed her appreciation for the tree tags that her family
enjoys as they walk throughout the City. She also liked the idea of a Little Library. For those who may
want to learn more or get more involved, she asked when the Tree Board meets and where she could find
the Trees for Small Brochure mentioned in the presentation. Board Member Murphy advised the Tree
Board could be contacted via the City's website to request the brochure. The Tree Board meets the first
Thursday of the month at 6 p.m.
Councilmember Distelhorst thanked Board Member Murphy for the presentation and requested his thanks
be extended to the other Tree Board members. He advised the brochures are also available in the Council
office. He supported the idea of expanding tree tags throughout the City including a budgetary ask for that
expansion. As a caretaker of a Little Free Library, he supported a Little Library focused on trees and
promoting education. Board Member Murphy said the Tree Board is considering expanding tree tags to
include QR codes that can be scanned to provide information regarding the tree.
Councilmember Fraley-Monillas thanked Board Member Murphy for her informational presentation and
for the photographs taken by Tree Board members.
Council President Paine commented she loved her time on the Tree Board and appreciated all the work
the Tree Board does. She expressed appreciation for the tree tags, noting one of the best parts about it is
that it describes the environmental benefits that trees provide such as stormwater retention and the value
of those environmental benefits to the community. She asked if it would be possible to put a calculator on
the Tree Board website that demonstrated the amount of stormwater a tree absorbs. Board Member
Murphy offered to discuss that with the Tree Board. Council President Paine also expressed support for
the tree -focused Little Library.
Councilmember Olson greeted the Tree Board members she served with and welcomed the new members
including Donna Murphy, Brian Doyle, and Ross Dimmick. She expressed appreciation to Gail Lovell for
her significant contributions to the Tree Board and wished her well in her retirement from the Tree Board.
Councilmember Buckshnis thanked Ms. Hope and Jana Spellman for their assistance with the Tree Board.
Councilmember Buckshnis said she enjoys serving on the Tree Board and a lot of people attend their
meetings.
Councilmember K. Johnson commented she has attended a few Tree Board meetings and was very
impressed by the level of dedication and the knowledge of individual members. She recognized Board
Member Murphy's efforts in representing the Tree Board and wished the board a great year.
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Board Member Murphy expressed the board's thanks for the Council's support and the assistance of Ms.
Spellman.
5. APPROVAL OF AGENDA
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT
PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
AMEND THE AGENDA TO ADD REVISITING OF ORDINANCE 4200, A MORATORIUM ON
THE ACCEPTANCE OF ANY SUBDIVISION APPLICATION FOR ANY PROPERTY THAT
CONTAINS MORE THAN EIGHT SIGNIFICANT TREES PER 10,000 SQUARE FOOT OF LOT
AREA AS NEW BUSINESS ITEM 8.5.
COUncihnember Buckshnis commented the Council approved the landmark tree ordinance on March 2nd
that exempts developers and extended the moratorium until March 24". On March 23", Council President
Paine made a motion to move the tree ordinance to the Consent Agenda, incorporating all amendments
approved that evening. The tree code in effect was approved on March 2"d and the landmark ordinance
requires compliance by only homeowners and does not prohibit tree removal by developers. For those
reasons, she wanted to put the moratorium back in place with a date that could be determined during
discussion.
Councilmember Olson commented it was critical to have this conversation and revisit this issue. Any new
developments will be vested under the tree code current in effect which does not offer the protections that
were hoped for and are truly needed. She hoped the Council would approve adding this item to the
agenda.
Council President Paine observed the old moratorium had expired and asked if a new moratorium would
need to go through the process of another public hearing. City Attorney Jeff Taraday answered yes, any
moratorium or extension of a moratorium beyond six months would need to go through another public
hearing. The public hearing can be held after the moratorium is enacted. Council President Paine
observed the moratorium had expired and asked if it could be revived or would a new moratorium be
required. Mr. Taraday answered a new ordinance would be required as there is not an ordinance in the
packet. If this is added to the agenda, the Council could direct him to draft an ordinance for the next
meeting.
Councilmember Fraley-Monillas said she was uncomfortable with another moratorium because the
Council was unable to make a decision or come up with policy and procedures. She expressed concern
with Councilmembers bringing forward these sort of issues without clear evidence it was doing anything
different or being done in a timely fashion. She felt this was a mistake for affordable housing and any sort
of housing as a moratorium stopped everything. She encouraged Council to think long and hard before
supporting the motion.
Councilmember Olson pointed out this motion is only about adding it to the agenda. It is perfectly timed
because once the trees are cut, there is no opportunity to revisit it. She pointed out this would only be a
week as the tree code amendments are on next week's agenda. Council President Paine agreed tree code
amendments were on next week's agenda. Councilmember Olson said the subcommittee has finalized the
amendments so it would not be a long term moratorium.
Councilmember Fraley-Monillas asked how many times this has been on the agenda. Council President
Paine answered at least four.
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Councilmember L. Johnson referenced Mr. Taraday's comment that the Council could direct him to come
back with an ordinance next week. If the Council plans to discuss the tree code next week, she was
unclear how this agenda item would assist in the meantime. Mr. Taraday answered these are all excellent
topics to debate if the Council decided to put it on the agenda; the Council should not be having this much
debate on whether to add something to the agenda.
UPON ROLL CALL, MOTION FAILED (3-4); COUNCILMEMBERS K. JOHNSON,
BUCKSHNIS, AND OLSON VOTING YES; AND COUNCILMEMBERS DISTELHORST,
FRALEY-MONILLAS AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO.
MAIN MOTION CARRIED UNANIMOUSLY.
6. AUDIENCE COMMENTS
Holly Chisa, Northwest Grocery Association, representing larger retailers in Edmonds, thanked
Councilmembers who reached out to her regarding the hazard pay ordinance and attempted to address
concerns. The proposed ordinance with the emergency language will require resetting salaries and
processes for paying employees almost immediately so they provided language to reset registers as well
as address trucking issues and keeping truck fleets out. She acknowledged the efforts to address those
issues. She was still concerned that the proposed ordinance pits them against other retailers in the City not
affected by the ordinance. For example, their pharmacy techs would receive the additional $4/hour but a
pharmacy tech at Rite Aid would not because Rite Aid is not considered a grocery store under the
definition. She requested the City continue working with them, noting they have paid these benefits in the
past and have done memorandums of understanding with the represented workforce. These employees are
union -represented and they are pleased to work with the labor union to provide good wages and full
benefits for employees.
Michaela Strain, a meat wrapper at Edmonds QFC, referred to the hazard pay for grocery workers and
compensation for the extraordinary circumstances that essential workers in the City are working under,
commenting since the beginning of the pandemic, she and many of her coworkers have shown up every
day to ensure the community of Edmonds had a reliable source of food and goods as many restaurants and
schools were shut down. In the beginning, Kroeger allowed extra hours and personnel to ensure approved
cleaning techniques were being followed and to handle the unprecedented amount of increased business.
Kroeger and other large grocery chains rewarded them for their hard and hazardous work by giving them
a much appreciated $2/hour increase. That increase was taken away last May even though the hazardous
conditions remained and at times have gotten worse. Union leaders have been fighting to get the
hazardous pay reinstated ever since, yet a year later they find themselves without hazard pay and cleaning
and safety techniques have all but faded away. These are large national corporations doing business in
communities making billions in profits and refusing to share that profit with essential frontline workers.
She hoped the City Council would pass an ordinance similar to the ordinance passed by Seattle, Burien,
King County and Bainbridge Island. Even though things are starting to open up with vaccines being
administered, it is a long way from normal. The state is still operating under Governor Inslee's Stay
Home, Stay Health proclamation and could be until mid -summer. Until that time, grocery workers are still
working in a high risk environment. Smaller companies in the area such as PCC and Trader Joe's are
giving their workers hazard pay and she wanted larger companies to do the same.
Robert Boehlke, owner of House Wares in downtown Edmonds, referred to Walkable Edmonds,
recalling it was a little chaotic when that program started last year. Institution of the parklet program
assisted restaurants and he questioned closing the streets again this year now that the parklet program is in
effect. He questioned it being a safety issue, relaying his observations that people tend to congregate
around the fountain, mask -wearing is down when so many people are present, and it becomes chaotic,
making it difficult on their business. During last year's closure, their business really suffered on Saturdays
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and they made a decision to be closed on Sundays because regular customers would not come down due
to fears of exposure, lack of parking and navigating obstacles. The demographic that visit during the
closure are younger people who are interested in more of a party atmosphere and not a shopping
experience. At a recent meeting with merchants and restaurants, an issue arose about how unhappy people
outside the area were about being left out and shifting parking and other problems to their streets.
Debbie Gath, Teamsters Union Local 38, representing over 3,000 grocery workers in Snohomish County
from Edmonds to Stanwood to Monroe, referred to the hazard pay ordinance. On March 18, 2020, the
company that owns Albertsons, Safeway and Hagen, one of the largest corporations that made even more
profits than Amazon and Costco in the beginning of the crisis, graciously offered their associates a 20%
discount on store brands and 10% discount on national brands to buy their own groceries. On March 28,
2020 after seeing many of their own employees work tirelessly, contract COVID-19 and many even die
across the country, they joined with Kroeger and agreed to pay their employees an extra $2/hour. On June
15, 2020, they stopped the hazard pay as cases continued to rise and despite countless meetings and
grievances filed by the labor unions representing these workers. While they are encouraged more essential
workers are getting vaccinated, they recognize that things are changing daily during the pandemic. They
hope passage of the ordinance would take effect immediately and last through the Governor's state of
emergency but agreed it was worth reviewing in 90 days. The ordinance should pertain to workers in all
departments within the affected grocery stores. All frontline workers deserve the extra pay and it should
not matter whether they are union. They are requesting $4/hour because it has become the accepted area
standard. PCC Market across the street from the Edmonds QFC and Trader Joe's nationwide voluntarily
agreed to pay employees $4/hour hazard pay until the state of emergency ends as well as Seattle, King
County, Bainbridge Island, Fresno, San Francisco. Burien and Oakland determined $4/hour was not
enough and decided to pay $5/hour. Hazard pay in local grocery stores was removed the same week the
Governor mandated masks be worn in all businesses; grocery workers are faced with customers who do
not wear masks properly if at all, do not socially distance despite the constant announcements over the
intercom, have been spit on cursed at, assaulted, and brought to tears, all in an effort to ensure families are
taken care of. She urged the Council to pass the hazard pay ordinance. She disagreed with Ms. Chisa's
comment that they are pleased to work with labor unions, commenting it has not been an easy task
working with grocery companies all year.
Kate Guthrie, Glazed & Amazed on Main Street, did not support Walkable Main Street as she felt it was
unnecessary and negatively affected her business. Her studio depends on having relatively close customer
parking; families with kids and elderly customers will not visit her studio on the weekends if they are
unable to find parking close by. Customers have stated the lack of parking deters them from coming to
downtown Edmonds and she loses customers because of it. Implementing Walkable Edmonds by closing
down the street only deters customers from coming to her studio on the weekends. After listening to the
roundtable of businesses last week, several other businesses are also losing business; those outside the
chosen zone also see a decrease in business. She questioned why Walkable Edmonds was being
implemented if not all businesses in Edmonds supported it. All businesses in the Walkable Edmonds zone
deserve to be heard and listened to even if they do not support Walkable Edinonds. Downtown Edmonds
is a business district and they would like to attract customers to shop in their stores and eat in restaurants,
but do not feel the street needs to be shut down and games and music provided for people to gather and
congregate in the street which deters them from coming into stops. Outdoor events also encourage people
to stay outside in the street and not shop and eat in restaurants and even discourages them from going into
business districts outside the walkable business area like the Port and near the ferry. It appears Walkable
Edmonds will be implemented despite the negative impacts it has on her and other businesses and she
suggested the following to minimize the negative toll: 1) shorten the duration from June 1 to September
1, 2) one weekend day, perhaps only Saturday, and 3) start Walkable Edmonds Friday 6 p.m. or later
when most retail is closed and would not be impacted.
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Sheila Cloney, owner, Anchor Chic on Dayton Street, acknowledged that the pandemic had severely
impacted the restaurant industry and that most restaurants in downtown Edmonds likely employ more
people and pay more sales tax than her business so from an economic impact perspective she understood
the interest in Walkable Main. Given that the primary purpose of the CBD is to provide an area for retail
shopping, personal and professional services, educational institutions and entertainment establishments
and restaurants, as a retailer, she is obligated to stay in a retail zoned area and she objected to park
activities such as giant chess or cornhole being introduced to the area. For her business, the price of
additional staff to watch outdoor merchandise far outweighs the income generated and she suspected that
was the same for businesses located within the closure. Although unpopular to say out loud, downtown
Edmonds is still auto -dependent given its current level of density. Streateries have met the goal of adding
tables; if more space is needed, she supported the closure of the right-of-way after 6 p.m. Unsightly no
parking signs scare off shoppers. The roads exiting Husky Stadium in Seattle have permanent signage
indicating when the roadway is closed for one-way traffic for all lanes; perhaps that is an option. She
requested the City gather hard data regarding the effects that Walkable Main has on all business
categories. She has read that the public loves the closure and she would like to drill down on that data to
determine exactly what they like about the closure to ensure the target audience is reached. She referred to
Kirkland's Park Lane that has been closed for pedestrian use. She submitted to the City Clerk an agenda
item before the Kirkland City Council regarding their street closure; they have invested more time in the
issue and are considering expenses associated with the closure which range from $50,000 to $300,000 for
an area one-third the size of Walkable Main. She heard the following when speaking to a number of
businesses on Park Lane today: if the road is closed, why is the area not programmed with tables; there
are play structures in parks for children to play safely; wait staff lose tips when people sit at restaurant
tables longer than what is considered appropriate allowing their children to run around outside the
restaurant; musicians can get loud and monotonous and people are unable to talk. Several business owners
said they were generally okay with the closure if it occurs after 6 p.m. Other business owners expressed a
belief that a few people decided to close Park Lane and despite working together to develop options, they
have not been heard and expressed feeling powerless to effect change.
Nathan Woodbury, cashier, Edmonds Safeway, representing himself and other grocery workers, referred
to the hazard pay ordinance and numbers from a Business Wire article regarding Albertsons third quarter
earnings: digital sales are up 225%, revenue has increased from $47 billion to $53.9 billion, an increase of
almost $7 billion in 2020. With regard to the ordinance and concerns with store closures, he noted the
QFC that closed was already a planned closure and pointed to the ordinance passed in Seattle as a way of
shifting blame when in fact closing a store, getting rid of inventory and detangling the property rental is
planned far in advance. Grocery store employees have worked extra hours during the pandemic to
compensate for family members who have lost jobs. For example, his sister's position was eliminated due
to the pandemic. Some employees have lost income due to working fewer hours to stay home with their
children due to school closures. He expressed support for the Council approving the hazard pay
ordinance, noting Seattle has over a dozen QFC and Safeway locations that are doing fine financially. The
current business environment essentially means for large grocery retailer like QFC, Kroeger or his
employer Fred Meyer/Albertsons, because of contractual entanglements, their first obligation is to
shareholders. Passing this ordinance not only helps grocery workers but also allows employers to save
face in the corporate boardroom; many of them want to pay employees more but have certain contractual
and shareholder obligations.
Andy Cline, Cline Jewelers, downtown Edmonds, said when the streets are closed, retail does not thrive;
restaurants and bars do. For example, car shows, Taste of Edmonds, etc., everyone assumes having people
walking around is great for retail, when in fact those are absolutely the worst days for retail. With regard
to the survey produced by the City, he found it very skewed as there were no questions whether a business
supported Walkable Main Street or not, only how to enhance and expand it. Many people did not even
complete the survey because they did not want to answer questions about something they did not agree
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with. The capacity of restaurants and bars has already been expanded; many of them have more capacity
than they had before the pandemic and 30-40 parking spaces have been eliminated. He did not see a need
for Walkable Main. He loves the fin atmosphere, but he hears people who previously visited retailers are
staying away and some of their top customers have said they will not even come to their store on the
weekends. With the number of people getting vaccinated, he assured people will feel comfortable visiting
downtown Edmonds. He questioned how decisions were being made; speaking as a retailer of over 20
years as well as for a number of other retailers, they understand retail. To say that people come downtown
to eat and then go shopping is not the way it works, people are coming to hang out.
Pedro Germano, director, Demitris Woodstone Taverna, downtown Edmonds, said last year their
business was impacted over 30% on the weekends; weekends are the busiest time for restaurants. If
everyone is directed to one single area, the impact on the remaining businesses is obvious. Last year's
Walkable Edmonds was a zone with people walking and gathering unsafely. He questioned who would
control access, particularly if the number of people exceed the Governor's recommendations. He objected
to not being contacted for his input on Walkable Edmonds. He agreed with Mr. Cline that the survey was
misleading; he did not want to fill it out because there were no questions related to whether or not to do
Walkable Edmonds, only how to expand it. Restaurants have gotten plenty of help, receiving 2.5 times the
PPP money and streateries resulted in expanded seating. He questioned the City continuing to help that
chosen zone and not help businesses in the entire City, noting there are a lot of businesses around 3" and
6",
Jenny Murphy, Sound Styles, 51" & Main, downtown Edmonds, said not everyone loves the Walkable
Main Street; many Edmonds business owners and residents feel it is a wave that cannot be stopped and
are deeply frustrated their voices are unheard when their livelihoods are at stake. She relayed the
frustrations of a local customer with, 1) how the streateries have greatly and negatively altered the
aesthetics of downtown, 2) difficulty walking to/from her home on sidewalks taken up with restaurant
activity and 3) very limited parking. Her out-of-town friends who come to Edmonds to shop and eat
decided to go to Kirkland instead this year because parking is easier as one of them is disabled. After
writing to the Council to express concern, only one Councilmember responded condescendingly,
suggesting she investigate public transportation. Another customer recently moved from Seattle to
Mukilteo, bypassing their once first choice of Edmonds because they disliked what was happening
downtown. Another longtime customer is moving to Marrowstone Island to leave the fray of downtown
Edmonds, saying it has lost its charm. Even the mailman has a difficult time navigating the sidewalks
while trying to maintain social distancing. She has lived in Edmonds for 60+ years and was grateful to
have a part in building it into a charming and safe place to live, work, shop and eat. However, her
livelihood and that of several other businesses have been greatly and negatively impacted by Walkable
Main Street, especially on Saturdays. Fifth & Main is usually closed on Saturdays for the summer market
and now with Walkable Main Street it remains closed all weekend. Due to the closure, their Saturday
sales, usually the biggest shopping day of the week, have decreased by half and they are no longer open
on Sundays. She concluded restaurants have had their chance to expand their business into much -needed
parking spaces which has kept them afloat, but at whose expense. She requested the streets remain open
and not allow Edmonds to become one big Taste of Edmonds. When people in a community do not feel
heard, those communities fall apart. She urged the City to work together and not be just a restaurant
district as all downtown businesses are needed.
Laurie Coonsie, Edmonds, said she lives, walks, shops and eats in downtown Edmonds and would hate
for the small businesses downtown who are struggling due to the street closures and lack of parking to
suffer permanently. She said Walkable Main is not needed this year and perhaps there are other ways to
draw customers to Edmonds. The restaurants are doing much better and are certainly doing much better
than the small businesses and the integrity of downtown Edmonds cannot be lost.
7. APPROVAL OF CONSENT AGENDA ITEMS
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Page 8
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT
PAINE, TO APPROVE THE CONSENT AGENDA.
Councilmember Olson requested Item 7.1, Approval of Council Meeting Minutes of March 23, 2021, be
removed from the Consent Agenda. Councilmember K. Johnson said she also had a correction to the
minutes.
MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows:
2. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS
3. JOB ORDER CONTRACTING
APPROVAL OF COUNCIL MEETING M INUTES OF MARCH 23, 2021
Councilmember Olson requested the following correction: Packet Page 29, 3" full paragraph, 2" d
sentence, add "not" between "had" and "been."
Councilmember Fraley-Monillas asked if that change accurately reflected the comment made during the
meeting. City Clerk Scott Passey advised he would need to research the meeting video. Councilmember
Olson suggested moving approval of the minutes to next week or later on the agenda to give Mr. Passey
an opportunity to research.
Councilmember Fraley-Monillas recommended Mr. Passey research the requested change.
Councilmember Buckshnis said the statement to be corrected was made by Councilmember Olson and she
would know what she said. Councilmember Fraley-Monillas preferred to have the requested change
confirmed by a neutral party.
Councilmember K. Johnson said regardless of whether it was 100% accurate, Councilmember Olson
knew her intent and therefore should be able to correct the minutes based on her knowledge.
Councilmember Fraley-Monillas said according to Robert's Rules of Order, intent is not adequate, it must
be what was actually said. She requested Mr. Passey research the video. Mr. Passey advised the minutes
could be included in next week's packet.
Councilmember Buckshnis requested the following correction: Page 15, 6"' full paragraph, change "City
Manager" to "City Attorney."
Councilmember K. Johnson requested the following correction: Page 36, 2" d full paragraph, change
"multi -million" to "million."
Councilmember Fraley-Monillas suggested Councilmember K. Johnson's change was a scrivener's error
but Councilmember Olson's requested change should be researched.
Council President Paine suggested putting the minutes on next week's agenda for approval.
Councilmember Olson suggested the "City Manager" correction was also a scrivener's error_
Councilmember Buckshnis agreed.
Edmonds City Council Approved Minutes
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Councilmember L. Johnson asked whether Councilmembers should bring scrivener's errors to Mr.
Passey's attention prior to meetings and avoid taking meeting time to correct them. Mr. Passey answered
that was typically what was done.
Councilmember Distelhorst suggested Councilmembers forward any scrivener's errors to Mr. Passey and
put the minutes on next week's Consent Agenda for approval.
Councilmember Olson said she has done that in the past but did not have time prior to tonight's meeting.
COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
HAVE THE MINUTES ON THE APRIL 13, 2021 AGENDA FOR FINAL REVIEW AND
APPROVAL FOLLOWING STAFF'S REVIEW. MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS
1. RESOLUTION OF THE EDMONDS CITY COUNCIL REPEALING RESOLUTION 1306
RELATED TO CITY CODE OF CONDUCT
Council President Paine explained this resolution reappeals Resolution 1306 and removes the City
Council from the City Code of Conduct as the City Council adopted its own Code of Conduct on January
26, 2021. There are no other changes to Resolution 1306.
COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON,
TO APPROVE RESOLUTION 1470, A RESOLUTION OF THE CITY COUNCIL REPEALING
RESOLUTION 1306 AND IMPLEMENTING A CODE OF CONDUCT FOR THE MAYOR AND
ALL MEMBERS OF CITY BOARDS, COMMISSIONS, COMMITTEES, OR WORK GROUPS.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO AMEND THE SECOND WHEREAS TO REMOVE "RECENTLY."
Councilmember Olson agreed with the amendment and suggested including the date when it was enacted.
Councilmember Buckshnis preferred not to include the date as it may change in the future if another Code
of Conduct is adopted.
AMENDMENT CARRIED UNANIMOUSLY.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
AMEND THE THIRD WHEREAS TO REMOVE "NEW." AMENDMENT CARRIED
UNANIMOUSLY.
COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
INCORPORATE THE CONTENT OF RESOLUTION 1306 WHICH BEGINS WITH "IN THE
COURSE OF THEIR DUTIES, ALL GROUP LEADERS WILL" AND CONCLUDES WITH " 7)
ASSIST LEADERS IN CONTROLLING DISRESPECTFUL OR INTIMIDATING BEHAVIOR."
Councilmember K. Johnson commented with the Council's adoption of the Code of Conduct, she was
informed it would supplement, not replace this code. She was okay with the Code of Conduct applying to
others and the City Council adopting its own Code of Conduct, but she did not want to lose the spirit of
the original resolution and that could be done by incorporating this language and referencing Resolution
1306 in Resolution 1470.
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April 6, 2021
Page 10
Councilmember Fraley-Monillas said she was uncomfortable with the proposed change and did not
understand the reason for incorporating 1306 in 1470. Adopting a new resolution makes it clearer.
Councilmember Distelhorst said that language remains in Resolution 1470. The only changes are the
redlined text at the beginning, removing the City Council. He recalled the intent was to establish a
separate Code of Conduct for the City Council and then remove the City Council from Resolution 1306
via adoption of Resolution 1470 to avoid the City Council being covered by two codes and making it
clear for Council that there is one Code of Conduct and one Code of Ethics for the City Council.
Resolution 1470 adopts a Code of Conduct for the parties referenced in the resolution. All the language in
Resolution 1470 is applicable to the parties mentioned in Section 2 of the resolution; the only change is
removing the City Council.
Council President Paine said she was also confused by the motion. Resolution 1470 simply removes the
City Council from this Code of Conduct. She expressed support for the resolution as proposed.
Councilmember K. Johnson said she was not suggesting that Resolution 1470 be changed; this is the new
Code of Conduct for the Mayor and members of all City Boards, Commissions or work groups. It used to
include Councilmembers so she was suggesting the language in the resolution be incorporated into the
new Code of Conduct for Councihnembers.
As a member of the subcommittee, Councilmember Olson assured those elements were represented in the
Council's Code of Conduct. She asked for clarification that the Code of Ethics had not changed with
regard to its applicability to Council. Councilmember Distelhorst indicated it had not.
Council President Paine suggested this motion was better in the next discussion as this agenda item is
related to the resolution.
COUNCILMEMBER K. JOHNSON WITHDREW THE MOTION WITH THE AGREEMENT OF
SECOND.
MOTION CARRIED (6-1), COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS,
BUCKSHNIS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES;
AND COUNCILMEMBER K. JOHNSON ABSTAINING.
2. RESOLUTION ADOPTING COUNCIL RULES OF PROCEDURE
As Items 8.3 and 8.4 were very citizen related versus 8.3 which was Council related, Councilmember
Buckshnis suggested this item be moved to 8.4.
Council President Paine suggested this item would not take more than 60 minutes and the Council could
then consider the agenda items related to hazard pay and Walkable Main.
City Clerk Scott Passey recalled these Council Rules of Procedure were introduced over a year ago, but
due to the pandemic and other competing priorities, they fell by the wayside. These rules are fairly
comprehensive and go beyond parliamentary procedures. While they continue to recognize Robert's
Rules of Order as the parliamentary authority for Council meetings, they provide additional clarity about
Council organization, duties of officers, agenda preparation, public comment and decorum, conduct, etc.
The Council's recent approval of a Code of Conduct has been incorporated as Section 6. The rules are
also footnoted; the footnotes are to City codes and state laws and other applicable rules and are consistent
with other statutes and precedents. For the most part, the rules articulate the rules the Council already
follows. It is useful to document the processes in one place for the Council's benefit as well as City staff
and the public so everyone understands the ground rules under which the Council operates.
Edmonds City Council Approved Minutes
April 6, 2021
Page 11
Mr. Passey explained there are some provisions that may constitute a change in the status quo. In those
instances, he felt the change would facilitate understanding, improve process and lay a foundation for
orderly meetings. There is a provision for a regular review of the rules and the rules can be amended
whenever the Council wishes. There is also flexibility to suspend the rules for a particular situation as
long as the rule is not governed by other laws or statutes or a fundamental parliamentary procedure.
Mr. Passey explained when the Council procedures were first introduced over a year ago, the Council was
directed to send any proposed changes to him for incorporation into the draft. A few Councilmembers
submitted changes; some were minor additions to provide clarification and others proposed a very
different policy or procedure. He chose to omit the more controversial items and allow Councilmembers
to propose amendments during the legislative process.
Councilmember L. Johnson thanked Mr. Passey for his work developing the proposed Council Rules of
Procedure, commenting this would have been very helpful for new Councilmembers as well as anyone
considering a Council position. The procedures will also assist the public with their knowledge of the
legislative process.
COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO APPROVE THE COUNCIL RULES OF PROCEDURE.
Councilmember Buckshnis acknowledged the Council was provided this a year ago; she requested
information from that time and received nothing. She agreed the Council Rules of Procedure was a very
valuable document but could not recall last year's discussion and was concerned with subjectivity in the
document. She recalled Councilmember K. Johnson suggested several changes but they did not seem to
be reflected in the document. Mr. Passey said 3-4 Councilmembers submitted suggested changes that
were incorporated into the document. Councilmember K. Johnson's suggested changes, which related to
selection of the Council President, were not included as he felt that was a discussion the Council would
want to have and address via an amendment process. He provided Councilmember K. Johnson the
changes she suggested last year and she could propose them tonight.
Councilmember Buckshnis observed Mr. Passey created this document based on his expansive work at
the City of Shoreline and the City of Edmonds. Mr. Passey agreed, noting the suggestions from
Councilmembers that were incorporated in the document provided clarification and represented
improvements to the document.
Councilmember Fraley-Monillas suggested having a couple weeks to review the document as it made a
lot of changes and the Council needed time to review it. She commented Shoreline was very different
from Edmonds.
Council President Paine referred to a new section added to the Council Rules of Procedure, Section 12.
Reimbursement of Expenses.
Councilmember Buckshnis suggested tabling this for three weeks, commenting much of the information
was subjective, she would like to see the original document and she wanted time for the Council to do
their homework.
A MOTION WAS MADE BY COUNCILMEMBER BUCKSHNIS TO TABLE THIS FOR THREE
WEEKS.
Edmonds City Council Approved Minutes
April 6, 2021
Page 12
UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS K. JOHNSON,
DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, AND OLSON VOTING YES; AND
COUNCIL PRESIDENT PAINE AND COUNCILMEMBER L. JOHNSON VOTING NO.
3. I4AZAR❑ PAY FOR GROCERY EMPLOYEES EMERGENCY ORDINANCE
City Attorney Jeff Taraday advised he worked with Mayor Nelson today on revisions to the ordinance in
the packet which were distributed to the Council this afternoon. He reviewed the changes made to the
ordinance in the packet:
• 100.015 Employee coverage
For the purposes of this ordinance:
A. Covered employees are limited to those who perform work for a covered employer at a retail
location in the City runless express& excepted from coverage in subsection C, below.
B. Time spent by an employee in the City solely for the purpose of travelling through the City
from a point of origin outside the City to a destination outside the City, with no employment -
related or commercial stops within the City except for refueling or the employee's personal meals
or errands, is not covered by this ordinance.
C. The followin es of em to ees are not covered by this ordinance: administrative or
executive employees whose workplace is limited to the non-public portion(s) of the store or other
buildings where the public is not invited; tractor -trailer drivers who make deliveries to the
grocery store.
• 100.025 Hazard pay requirements
A. Employers shall provide each employee with hazard pay at a rate of four dollars per hour for
each hour worked in the City, PROVIDED THAT f this ordinance is adopted to take immediate
effect, the obligation to provide hazard pay shall not occur until 12: 01 am on April 8. 2021 and
FURTHER PROVIDED) THAT, if this ordinance is not ado !ed to take immediate effect, the
obligation to provide hazard pay shall begin at I2:.01 arrr on t17e eff!zctive date.
■ 100.100Interpretation.s
To the extent that any provision of this ordinance is ambiguous, the administration, in
consultation with the city attorney, is authorized to interpret the ordinance in the manner that is
most consistent with gyplicable law the ei . council 's le islative cndin s ectian 1 and other
mani estations of legislative intent, PROVIDED THAT anv interpretations shall be in writing
with copies provided to the ci council.
Mr. Taraday referenced the findings in the ordinance that would be used in the event there are any
ambiguities. He provided an overview of the ordinance: the ordinance would require an extra $4/hour of
hazard pay. Hazard pay is defined in the ordinance as additional compensation that has been specifically
designated as additional compensation being paid due to the increased risk of contracting COVID-19. He
relayed his understanding that one of the unions for PCC employees has already negotiated $4/hour
hazard pay; he believed that was due to expire soon. The ordinance is not intended to add $4/hour of
hazard pay on top of hazard pay already negotiated. For example, if a union has negotiated $4/hour of
hazard pay, this ordinance would not increase that to $8/hour; it would have no effect in that situation. If a
union has negotiated $2/hour of hazard pay, the ordinance would impose a regulation that an additional
$2/hour of hazard pay be paid so all grocery workers operating in the City that meet the coverage of the
ordinance would receive $4/hour in hazard pay.
Mr. Taraday pointed out the ordinance defines grocery businesses as one of two categories, the first is
over 10,000 square feet in size and primarily engaged in retailing groceries for offsite consumption.
Groceries is defined as including fresh produce, meats, poultry, fish, deli products, dairy products, canned
and frozen goods, dry food, beverages, baked foods. The ordinance also states other household supplies
and other products shall be secondary to the primary purpose of groceries. The second category of
grocery business would be 85,000 square feet in size with at least 30% or more of its sales floor area
Edmonds City Council Approved Minutes
April 6, 2021
Page 13
dedicated to sale of groceries. The ordinance states in Section 100.025.C, "Employers shall comply with
the hazard pay requirements in this Section 100.025 until the Governor of the State of Washington has
declared this State of Emergency in our state has been lifted." He clarified there is a difference between
the time the ordinance remains in place before it is automatically repealed and how long the hazard pay is
required. He referenced Section 3. Automatic Repeal, "This ordinance shall be automatically repealed
without subsequent Council action three years after the Governor of the State of Washington has lifted the
COVID-19 State of Emergency in our state." He said that does not mean the hazard pay is paid for three
years after the Governor lifts the State of Emergency; it just means the other requirements of the
ordinance related to record -keeping remain in effect for three years, but the hazard pay ends when the
State of Emergency ends.
Mr. Taraday referred to Section 4. Emergency Declaration, that requires passage by a majority plus one of
the whole membership of the council. If only four Councilmembers adopt the ordinance, it would not
constitute an emergency ordinance and would take effect within 30 days of adoption. He noted the
ordinance was modeled after the City of Seattle's ordinance.
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT
PAINE, TO APPROVE HAZARD PAY FOR GROCERY EMPLOYEES EMERGENCY
ORDINANCE.
Councilmember Distelhorst added context with regard to Mr. Taraday's remarks regarding PCC; two
months ago PCC agreed to pay their 700 employees not within the City of Seattle, approximately half
their workforce, the additional $4/hour through June 5, 2021 or if the Governor's State of Emergency is
lifted, whichever occurs sooner. With regard to potential store closures mentioned during public
comment, the two closures referenced in Seattle were under -performing stores that had been losing
money for a period of time and one had already been rezoned to a mixed use commercial residential in a
higher density area of Seattle, making it more of a land use issue than hazard pay.
Mr. Taraday relayed the following as Mayor Nelson's policy basis for the ordinance. To those who
question why grocery and not other stores were selected for this regulation, grocery stores, unlike other
types of retail, provide a basic life necessity and were not allowed to close during the pandemic so those
workers had to work, are still working and will continue to work even if variants result in the number of
cases moving in the wrong direction. In addition, the sheer volume of people that grocery store workers
are exposed to is qualitatively and quantitatively different than what other retailers are experiencing.
Another reason grocery workers were selected for this regulation is there is some evidence to suggest the
larger grocers that are the subject of this ordinance have profited considerably from the pandemic while
their workers have been placed at significant risk. That distinguishes grocers from some of the smaller
convenience stores that are not subject to this ordinance even though they may have a similar level of
exposure.
Mr. Taraday acknowledged grocery workers are eligible for vaccinations, but there is a lot of uncertainty
with regard to how effective the vaccinations will be and with some of the variants that are appearing and
continuing to spread. His understanding was the infection rate in Snohomish County was increasing
despite the availability of vaccinations so workers still face significant risk. Grocery workers have also
taken on additional responsibilities with regard to sanitation and other duties that are necessary as a result
of the pandemic that they would not normally have done as part of their work.
Council President Paine expressed support for the ordinance as an emergency ordinance, commenting
there are activities occurring in grocery stores that put workers at risk daily such as store managers asking
people to wear masks, all workers' involvement in cleaning duties, etc. Customers wear masks the
majority of the time but at times, some absolutely refuse, recalling an incident on 100"' & Edmonds Way
over mask wearing and other issues where the police had to be called. Grocery workers have been doing
Edmonds City Council Approved Minutes
April 6, 2021
Page 14
more work than they ever planned during scary times. The $4/hour hazard pay gives them an opportunity
to be made whole. She referred to the public comment about a grocery worker who shares an apartment
with his sister and but for the fact that they share an apartment, his sister would be homeless which
illustrates the added burdens people are taking on during this time. She reiterated her support, pointing out
it is for a limited period of time.
Councilmember Buckshnis said a lot of people have questions because there was not enough information
in the packet. She asked why this was considered an emergency now when COVID had been going on for
a long time. Mr. Taraday answered hazard pay was provided earlier in the pandemic which is perhaps one
reason this did not arise earlier. There is also reason to believe the pandemic is not over and even though
there is light at the end of the tunnel, there are significant questions about how effective the vaccines will
be again the variants and there is an increasing risk of infection. While the ordinance could have been
justified earlier, it is still justified now.
Councilmember Buckshnis asked how $4/hour was selected rather than $2, $5 or $3. Mr. Taraday
answered this was Mayor Nelson's proposal and he may want to speak to the amount. As PCC employees
are receiving that amount from their employer, it seemed to be a reasonable amount if an employer had
already agreed to pay it.
Councilmember Buckshnis asked if the hazard pay would apply to union and non -union employees,
recalling the Council received letters from non -union employees who feared their hours would be cut. Mr.
Taraday said the ordinance does not make a distinction between unionized and non -unionized employees.
It does distinguish between employees working in public portions of the store who have a lot of exposure
to the public and employees who work in private portions of the store such as a bookkeeper working in an
office who never interfaces with the public. Councilmember Buckshnis asked if Ace Hardware would be
covered under the ordinance since they are a chain and do sell groceries. Mr. Taraday answered he did not
have a definitive list of stores in Edmonds that sell groceries and was not asked to develop a categorical
list of employers who were covered/not covered. He said Ace will know whether they meet the square
footage percentage threshold to qualify. Each employer will need to determine for themselves whether
they are a grocery business as defined in the ordinance and it should be fairly straightforward for them to
determine.
Councilmember Fraley-Monillas suggested Councilmembers close their eyes and think about going into
one of these stores every day and cleaning handles and surrounding areas in the refrigerator, freezer, and
beverage sections. She suggested Councilmembers consider their child doing that, getting minimum wage
to clean COVID. It makes sense to pay them hazard pay for that work. Her son Dominic is cleaning
COVID for a living outside of Edmonds and getting paid approximately $13.69/hour. He has an auto -
immune issue and if he caught COVID, it may kill him. The choice is keeping people home and living on
unemployment or going to work and hoping everyone knows how to be safe. She suggested if this was a
Councilmember or their child, they would be thinking differently. She supports the $4/hour hazard pay
because it applies to major employers who sell food and employ a lot of people, not Bartell or 7-Eleven,
but PCC, Safeway, QFC, and WinCo, corporations who employ thousands nationwide. During the
pandemic people have visited grocery stores in droves, purchasing more groceries than they have in the
past 30 years. She said $4/hour was worth someone's life; if the Council cared about the employees, some
who live in Edmonds and others who do not, they deserve to be treated in a safe and equitable manner
through the pandemic. She expressed support for the $4/hour hazard pay, noting it would not impact her
son because he doesn't work in Edmonds, but she supported it for those who have to subject themselves
and their families to COVID.
Councilmember Olson said many of these are union jobs and are not paid minimum wage. Doing this in
Edmonds will not affect a corporation's nationwide policy, the ordinance will only affect Edmonds'
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April 6, 2021
Page 15
locations. With regard to unintended consequences, she pointed out there is a nearby QFC in Lynnwood
and for those who are price -driven, the ordinance may affect whether they shop at Edmonds stores.
Lynnwood has shown they are less likely to follow Seattle's lead and are unlikely to propose a similar
ordinance. To the corporation representatives who may be listening, she said public sentiment has
changed and people are interested in farmers and workers getting a fairer shake. The reason this ordinance
was proposed was the City cares about the workers, but looking at only one segment of the market makes
a lot less practical sense. If the issue is appreciating all frontline workers, focusing on this segment does
not make sense other than as it relates to the truth or perception that there has been pandemic profiteering
in this industry. If true, that is regulated at a state or federal level, not municipal, and it would be more
appropriately addressed by a state or federal agency or a class action lawsuit. She summarized this
ordinance is not the right vehicle because it only addresses a one segment and due to other consequences
of this action.
Councilmember L. Johnson recalled when the lockdown first began, everyone recognized that grocery
workers were essential, critical, infrastructure workers and they were cheered for staying on the job while
others stayed home to remain safe. Grocery executives praised the workers and responded by giving them
a $2/hour hero bonus. That pay lasted only a few months and expired just as the pandemic and its
associated risks began to take hold. Even so, grocery store workers continue to shoulder the health risks,
both physical and emotional, for themselves and their families, additional childcare costs since schools
were closed and the additional cost of providing personal protective equipment. At the same time, with
most people staying home and staying safe by eating and working from home, grocery store profits have
skyrocketed. As frontline worker exposure risk increased, so did passive shareholders' profits and yet, for
those who were once hailed as heroic, hazard pay was never reinstated.
Councilmember L. Johnson said the $4/hour hazard pay will help workers better access resources to better
protect themselves and their families while this pandemic remains a significant health risk. She expressed
support for the hazard pay ordinance.
Councilmember Distelhorst said his day job is in the transit industry and fewer industries have been as
decimated by the pandemic as public transit. However, the public transit industry, which has experienced
the exact opposite of the increased profits that grocery stores have seen, has paid its employees premium
pay. There is no reason the City cannot do the same for grocery store workers.
Councilmember K. Johnson offered general comments and observations, commenting some of this is a
social equity issue, moving profits of the corporations to the workers. While that is interesting, this is a
market driven society and people are not entirely paid based on their worth. There is a state minimum
wage that is over $17/hour and she was surprised to hear that grocery store workers can be paid less than
minimum wage. Grocery store workers are not the only people working in hazardous conditions; the
Council should consider providing hazard pay to this one limited sector while ignoring the highest risk,
the healthcare industry. She wanted to open the discussion to these other issues because the discussion
was so narrowly focused on providing hazard pay to one economic sector.
Councilmember Fraley-Monillas said people have had to go to grocery stores to get things like water and
food to survive during the pandemic. People do not have to go to nail and hair salons, coffee places like
Starbucks, gyms, fast food establishments, etc. She disagreed with the comment that minimum wage was
$17/hour, pointing out a grocery store worker in their 20111 year may make $20/hour. Unless employees
were living in King County, they were not making $15/hour. She encouraged Council to consider the
positive impact the $4/hour hazard would have for grocery workers who are starving and unable to pay'
for their own food; $4/hour is really not that much, $80/week for someone working part-time. Although
she did not begrudge grocery stores making outrageous amounts of money during the pandemic, they
should share it with their employees and $4/hour was not an unreasonable amount.
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April 6, 2021
Page 16
Councilmember Buckshnis said she has not said that she does not support the ordinance, she was trying to
vet some of the public's questions and take soiree of the emotion out of the issue. Councilmembers know
how important grocery stores are and which Councilmembers have family members who work for
grocery stores. She asked if there were lawsuits pending on this issue in other cities. Mr. Taraday
answered the City of Seattle was sued when it adopted its ordinance; the City of Seattle was successful in
bringing a motion to dismiss that lawsuit. Mr. Taraday clarified Seattle won in the trial court; it may be
subject to appeal as that was a fairly recently ruling.
Councilmember Buckshnis pointed out there was no end date; the $4/hour would continue until Governor
Inslee lifts the emergency order. Mr. Taraday agreed a specific date has not been identified but the
$4/hour is tied to Governor Inslee lifting the emergency order and he assumed no one wanted to stay
under an emergency order any longer than necessary so he expected it would be lifted at the appropriate
time. Councilmember Buckshnis said the ordinance language was taken from Seattle's ordinance and
Seattle also had no sunset date. Mr. Taraday agreed.
Councilmember Buckshnis pointed out anyone 16 years of age and older will be eligible for a vaccination
April 15t". Mr. Taraday said if the vaccines work against the variants and if enough people get the
vaccine, then the state of emergency may be lifted sooner rather than later. It is unknown how many
people will volunteer to be vaccinated and it is unknown how well they will work against the variants.
Everyone hopes they will but it is not a sure thing.
Councilmember Buckshnis referred to Councilmember K. Johnson's comment about the narrow focus on
grocery workers and asked about restaurant workers, gas stations, and other service industries. She asked
if the rationale was because grocery stores were making an exorbitant amount of money due to delivery
services. Mr. Taraday answered there were multiple reasons why it was appropriate for the hazard pay to
apply grocery workers; those reasons are outlined in the findings in the ordinance. Record profits is one of
the reasons but is not the only reason. It is related to how essential these workers are to the functioning of
society and the ability to stay alive when everyone is locked down and restaurants are closed. Although
not related only to profits, profits indicate this is a reasonable regulation.
Councilmember Buckshnis suggested consideration be given to including nurses and frontline hospital
workers. She asked if including workers in grocery stores and medical facilities had been considered. Mr.
Taraday said if the Council was interested in expanding the hazard pay to other industries, that could be
considered and it would be helpful to get direction from the Council regarding other sectors of the
economy that should be prioritized to consider first. This ordinance starts with grocery workers but
similar arguments could be made for other sectors of society and those many be valid arguments.
In response to Councilmember K. Johnson's earlier comment, Council President Paine explained her
daughter works for Kroger as a courtesy clerk in a different city and by her union contract, earns $0.20
more per hour than minimum wage and minimum wage is about $13.50/hour.
COuncilmember Olson asked who pays if there was a lawsuit. Mr. Taraday said he would not have a
public discussion about the risks of litigation; that could be discussed in executive session if the Council
wished. Councilmember Olson said her question was who paid the legal fees for the City if there was a
lawsuit. Mr. Taraday answered as with any lawsuit, if it was a lawsuit covered by WCIA, then WCIA
would assign an attorney to represent the City. If it was not a lawsuit covered by WCIA, then Lighthouse
Law Group would defend the City; Lighthouse Law Group charges the City a flat fee and there is no
additional charge for litigation defense. He was unable to say definitively who would defend a
hypothetically lawsuit without knowing the claims in the lawsuit because the claim would determine who
defended it.
Edmonds City Council Approved Minutes
April 6, 2021
Page 17
Councilmember Olson said the Council needs to vote with their wallets and should shop with PCC,
Trader Joe's, QFC, and Safeway if they chose to pay hazard pay because it something the Council
supports theoretically. It is not government's role to determine the salaries that businesses pay their
employees. The reason that hazard pay is not being considered for healthcare is because they are not
making money during the pandemic. This is about profits and having a problem with the profits being
made by the companies. There are appropriate governmental regulations against pandemic profiteering
and that is the appropriate method for getting remedies for workers not getting a fair shake. She
encouraged the Council not to address the issue in the proposed methodology which she did not find
appropriate.
Councilmember K. Johnson said she read in a recent AWC publication that the Governor raised the
minimum wage statewide and she believed it was in the $16 or $17 range, not $13. Most grocery workers
have unions and she did not understand why the union was not brokering hazard pay with management.
No one is at greater risk than those in the healthcare profession. Although not the most profitable
organization, this is not based in a logical framework; it should be the risks or rewards but there is no data
suggesting grocery workers are at greater risk than the general population. She was interested in learning
what the riskiest sectors of the population were. The City provided general hazard pay;, police officers
were considered frontline as well as people who worked in City offices a certain number of hours. She
pointed out many industries have been affected by the pandemic and she wanted to understand the
correlation between grocery store workers and the pandemic, not just profit margins of the company or
parent organization. This is a capitalized society and the City should not demand profit sharing; that is an
appropriate role for state or federal or in negotiations with labor unions and management.
Councilmember K. Johnson referenced WinCo, an employee owned company and wondered about their
approach to grocery worker pay during the pandemic. There were a lot of good comments made by the
public and the Council should consider this carefully before making a final decision.
Councilmember Fraley-Monillas said she talked to WinCo; they are paying minimum wage for entry level
jobs. She disagreed that Governor Inslee had raised minimum wage to $17 statewide; some counties and
cities have raised the minimum wage. She pointed out when people visit grocery stores and grab a cart,
they are potentially grabbing COVID from the prior user because not everybody stays home when they
are sick. She encouraged the Council to support $4/hour hazard pay, commenting that was nothing during
a pandemic for workers who risk their lives to provide groceries to the public. She encouraged the
Council to support the ordinance to show that grocery workers deserve the $4/hour hazard pay.
Councilmember Distelhorst said a Google search of the Washington State Department of Labor of
Industries found as of January 1, 2021 the minimum wage in Washington State is $13.69, not $17.
Councilmember L. Johnson said some of the misinformation about minimum wage may be due to some
local jurisdictions that have higher minimum wage rates and different labor rules than Washington State;
statewide the minimum wage is $13.69.
Councilmember Olson said her question was not about minimum wage; labor union jobs are often paid
differently than the stated minimum wage. She recalled an email from a QFC employee who stated they
earned $20/hour.
Councilmember Buckshnis said the conversation is getting away from the main issue, whether
government should overstep its capabilities and make big business pay hazard pay to their employees,
something government generally does not get involved in. She agreed frontline grocery workers were
doing a great job but questioned whether it was the Council's responsibility as legislators to tell
Edmonds City Council Approved Minutes
April 6, 2021
Page 18
corporations with unions to increase their pay due to hazards. That is the question a lot of people have
posed to her and in her opinion if the Council does it for grocery workers, they should do it for everyone.
It doesn't make sense to single out one group when all people who work in stores are exposed to the
public. For example, she works at the senior center and they have COVID protocols. She recognized the
senior center was not as busy as a grocery store but many people are questioning the Council
overstepping its legislative abilities by requiring corporations to pay their employees hazard pay. That is
the question that the Council should be addressing, not the amount that employees are currently paid.
Councilmember Buckshnis relayed questions she was asked, why now and if there were a lot of COVID
cases reported among grocery workers in Snohomish County. Mr. Taraday said lie did not have that
specific data. This ordinance is proposed based on the totality of circumstances that are outlined in the
ordinance findings and not any one single thing.
Council President Paine recalled one of the commenters saying with local support, bigger organizations
will support the $4/hour hazard pay. She summarized the $4/hour hazard pay is very meaningful to the
affected grocery workers which is the reason it is proposed. Adoption of a local ordinance will allow
corporations to tell their shareholders they would like to follow the local ordinance.
Councilmember Fraley-Monillas said the average full-time grocery store clerk in Edmonds earns
$27,000/year which is about $2500/month, slightly more than Councilmembers earn working part-time.
The average RN in Edmonds makes $26/hour. She concluded there was a big difference between the
amount earned by a grocery store clerk and an RN. The ordinance would provide an additional $4/hour to
those making $13.69/hour. Although not enough to pay for a home, it would be an extra perk for putting
their life in jeopardy.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K.
JOHNSON, TO AMEND TO HAVE THE ORDINANCE EFFECTIVE THROUGH DECEMBER
31, 2021.
Councilmember Buckshnis said emotions are being mixed with facts; everyone knows grocery store
frontline workers are very important, She recalled someone speaking during public comments
representing the grocery association who suggested a six-month duration. She did not support having an
open ended ordinance. The Council is overstepping its boundaries as legislators and having a sunset date
would allow the Council to revisit it. She anticipated recordkeeping would cost corporate America a lot
and she questioned how it would be monitored.
Councilmember Distelhorst said he spoke with Ms. Chisa today prior to Mr. Taraday distributing the
updated draft ordinance. Some of the guidance and recommendations he discussed with her regarding
12:01 and the effective date were related to bookkeeping. The updated ordinance reflected feedback from
the corporations and would facilitate smooth bookkeeping for them.
Councilmember K. Johnson asked if the highest level hazard pay in the City was 6%. Mr. Taraday said
that was his recollection. Councilmember K. Johnson said $4/hour based on a minimum wage of $13.69
would be a 33% pay increase, acknowledging that percentage would be less for those who earn more than
minimum wage. Mr. Taraday pointed out 6% of a police officer's salary is different than 6% of a courtesy
clerk's salary. Councilmember K. Johnson agreed, commenting there was not much data to draw from
and she was simply using the datapoints available to her.
COUNCILMEMBER FRALEY-MONILLAS CALLED THE QUESTION. VOTE TO CALL THE
QUESTION CARRIED (6-1), COUNCILMEMBER K. JOHNSON VOTING NO.
Edmonds City Council Approved Minutes
April 6, 2021
Page 19
UPON ROLL CALL, AMENDMENT FAILED (2-4-1), COUNCILMEMBERS K. JOHNSON AND
BUCKSHNIS VOTING YES; COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS,
AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO; AND
COUNCILMEMBER OLSON ABSTAINING.
UPON ROLL CALL, MAIN MOTION (ORDINANCE NO. 4219) CARRIED, (4-1-2),
COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS AND L. JOHNSON AND
COUNCIL PRESIDENT PAINE VOTING YES; COUNCILMEMBER OLSON VOTING NO; AND
COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS ABSTAINING.
Mr. Taraday relayed the motion passed without the emergency provision
Councilmember Fraley-Monillas raised a point of order, stating if there were two abstentions and one no
vote, that would be a super majority for the four yes votes. Mr. Taraday explained the statute requires a
majority plus one of the full Council to support the emergency ordinance so there would need to be five
affirmative votes to enact an emergency ordinance. Councilmember Fraley-Monillas agreed, pointing out
only five total voted; four votes yes and one voted no. Mr. Taraday said the number of vote participants
does not matter; if there were only five Councilmembers present at the meeting and the vote was 4-1, an
emergency ordinance would not pass as there needed to be five yes votes.
Councilmember Fraley-Monillas said her understanding was it required a super majority. Mr. Taraday
clarified it is a majority plus one of the entire Council. Councilmember Fraley-Monillas said that was a
super majority of the Council, and the voting Council was only five members. Mr. Taraday explained
there are seven Councilmembers; a majority is four, a majority plus one is five and five affirmative votes
are required to adopt an emergency ordinance.
Councilmember Fraley-Monillas appealed to City Clerk Scott Passey. Mr. Passey agreed with Mr.
Taraday's interpretation.
Mr. Taraday clarified the ordinance passed; it will take effect 30 days from today
COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST,
TO EXTEND 30 MINUTES TO 10:30. MOTION CARRIED (6-1), COUNCILMEMBER K.
JOHNSON VOTING NO.
4. WALKABLE MAIN STREET 2021
Economic Development/Community Services Director Patrick Doherty reviewed:
• Walkable Main Street 2020
o After initial COVID shut -downs and easing of some restrictions in Summer 2020, Walkable
Main Street started June 20, 2020. Closure 3`d to 61h Avenues, as well as 5"' N half -block
from Fountain.
o Provided safer, socially distanced, comfortable ped flow through Downtown during busiest
season/days
o Narrow downtown sidewalks cannot comfortably accommodate safe, distanced ped flow on
busiest days
o Closures 10 am to 10 pm Saturdays, 10 am to 8 pm Sundays
o Vehicle travel allowed at 5MPH as U-Turn around Fountain, with barricades in place to
direct ped flow to cross -walks around Fountain
o Fourth Avenue north -south not closed, allowing travel across Main Street
o Closing Main Street west of 3d Avenue was not feasible given that it merges with SR 524
and leads to ferry lanes (also, west of Sunset, no parking lane)
Edmonds City Council Approved Minutes
April 6, 2021
Page 20
o Merchants allowed to occupy parking lanes and/or place signage, etc., in ROW
o No additional activities allowed due to State COVID-related restrictions
o Permitted via Special Event Permit
Walkable Main Street 2021
o Administration intends to relaunch Walkable Main Street in coming Summer season
o Public input was sought via survey open 3/11-3/24/21
o Summary of survey responses:
■ When asked about the timeframe for Walkable Main Street:
- 29% supported the same timeframe as last year
- 59% supported starting earlier
- 12% supported ending earlier
- Conclusion: 88% support same or longer timeframe
■ When asked if Walkable Main Street should include Friday evenings:
- 81% replied "yes"
- 19% replied "no"
■ When asked if enhancements should be added (if allowable):
- 86% supported musicians/buskers
- 66% supported art/artists
- 53% supported games/activities
- 13% provided other ideas
it When asked what a comfortable maximum walking distance to find free parking would
be:
- 11% said within 1 block
- 17% said within 2 blocks
- 72% said within 3 blocks
- Conclusion: 89% are comfortable walking 2-3 blocks for parking
■ The open-ended question yielded many comments, with the most frequent comments
related to:
- Providing sufficient parking, especially ADA and/or drop-off parking
- Improved aesthetics (barricades, signage, etc.)
- Allowing pop-up vendors, booths
- Providing tables, benches, seating
- Expanding the closure area
• Facilitated Merchant Roundtable was held 3/25/21
0 31 merchant reps participated
o Summary of Roundtable Input:
■ Some support for Friday evening closure, with concern over logistics of clearing out
Main Street mid -evening. Some expressed desire, if Friday is added, to skip Sunday.
■ Support for enhancements like music, art, games, but with some concerns: no amplified
music, designate areas for musicians, use local performers, high schoolers
IF Should merchants from off Main Street be allowed to have pop-up presence? Some
support for this idea, but only for brick -and -mortar establishments off Main - not outside
vendors. Ed! is working on an idea to allow pop-up service providers to partner with
retailers. Allow A -frame or other temporary signage in closed Main Street directing folks
to businesses on side streets or outside the closed zone.
■ Time period for Walkable Main Street. Variety of opinions - several proposing longer
than last year (start in May, end in October, possibly even as late as Halloween). A
smaller number wished to see the period stay the same as last year or even shorter - end at
Labor Day, for example.
■ Safety concerns. Improve ADA access. Make sure sidewalks stay clear. More
handicapped parking spaces nearby. Drop-off spaces also.
Edmonds City Council Approved Minutes
April 6, 2021
Page 21
■ Open comments:
- Parking concerns
- Do we still need this? Some do not support
- Make sure it doesn't turn into a park atmosphere
o Notwithstanding easing of COVID-related restrictions, pandemic is not over
o Concern over fourth wave and re -imposition of restrictions
o Many people still express concern over crowded sidewalks during busy, warmer weekend
days
o Upwards of 90% of survey respondents support Walkable Main Street
• City Council comments, suggestions and input are sought on such topics as:
o Timeframe
o Logistics
o Amenities
o Other
• Administration will use Special Event Permit for Walkable Main Street 2021, incorporating new
logistical details, additions, enhancements, etc.
Councilmember L. Johnson referenced the March 25"' business owners roundtable and the question
whether merchants off Main Street should be allowed to have pop-up presence. There was some support
for this idea but only for brick and mortar establishments off Main, not outside vendors. She asked if the
discussion was to only allow brick and mortar businesses already in the downtown area and not allow
businesses from other areas of Edmonds to have a pop-up presence. Mr. Doherty agreed that was the
comment. He pointed out there were 31 attended the roundtable, but unfortunately only about 12-15
people participated and offered comments. There were no votes so he was unaware of how all 31 felt.
Some commentors said it would be great if other merchants could have a presence in the closure with a
table or booth and others wanted it to only be the downtown merchants and not outside vendors, food
trucks, vendors from other areas, etc. There was a similar comment about limiting buskers or musicians to
local talent. Businesses outside the closure area feel the closure deterred people from visiting areas
outside the closure and some felt those businesses should be offered the opportunity to have a booth, table
or signage in the closure area to help promote their businesses.
Councilmember Buckshnis asked how much the City spent on Walkable Edmonds last year. Mr. Doherty
said he did not have that number with him but could sent it to her. Councilmember Buckshnis said she has
heard a lot of complaints about this but it sounds like the City is going to do it anyway. She asked if staff
was asking for input. She suggested not having music because some people want to talk. Mr. Doherty
invited the Council's input and suggestions. With regard to her suggestion about not having music, he
was interested in what other Councilmembers thought about that. Councilmember Buckshnis did not want
to increase the length and asked if the impact on festivals such as the Edmonds Art Festival in late August
had been considered. She commented on the way Edmonds used to be with events like the Arts Festival,
Taste, Oktoberfest which she hoped were coming back, remarking she knew the Arts Festival and Taste
were coming back. Mr. Doherty said that is currently unknown because under the current maximum
capacity requirements per acre, the most that would be allowed would be 600/day which may not be
enough. Mr. Doherty did not think a closed Main Street would detract from the Arts Festival; it would
simply be another place for people to walk.
Mr. Doherty said it will be necessary to be flexible and recognize that modifications may be required, but
the goal is to create consistency because last year's variability was confusing for some. That did not mean
there would not be any flexibility such as if the Taste did occur, maybe something different would need to
be done that weekend. The intent was not to change it every weekend because that was confusing.
Edmonds City Council Approved Minutes
April 6, 2021
Page 22
Councilmember Buckshnis said it was her understanding the reason for the streateries was Walkable
Edmonds and it ended up being very successful. She believed the retailers who say their businesses are
being affected, recalling the affect that the Saturday market had on stores in the area. She expressed
interest in the numbers to assist her understanding and said Main Street is turning into restaurant row and
some of the retail businesses are suffering. Mr. Doherty said he did not have specifics from each business
as that was not publicly available information. He walked Main Street last year and this year; when he
asked how Walkable Main Street for them, about half the retailers said okay or fine. A couple said it did
not result in more sales but it was a festival atmosphere and good exposure. The other half included
everyone who spoke to the Council tonight and none of the people who loved it and wanted it to come
back. He concluded about half said it was fine but it did not necessarily bring more business that day. He
recalled two retailers said they heard people say they returned after seeing their store during Walkable
Main Street. Half of the second half do not see a benefit, it could be due to their clientele versus another
store's clientele. He recalled two retailers next door to each other; one loved it and thought it brought
more customers and the other said it did not, likely due to their clientele. He recalled Jenny Murphy
saying there are a lot of younger people, families with strollers, and people walking who patronize
businesses that cater to their lifestyle/needs and/or see them and return, but some clientele find it harder to
park, do not want to deal with more people and do not come downtown on a Saturday or Sunday but
come the other days of the week. Mr. Doherty concluded that was an anecdotal, personal observation of
what the retailers have told him.
Councilmember Buckshnis asked if consideration had been given to doing it along 4"' Avenue and not on
Main Street. Mr. Doherty said 0' Avenue does not have much retail or restaurants. Main Street is most
trafficked street followed by 5"' and on a warm day and on the weekend, the narrow sidewalks are
crowded and people do not feel comfortable during COVID squeezing by each other with their families,
dogs, etc. So there is still a valid reason to provide a closure area to allow people to engage with
downtown businesses, engage with each other and have some sense of joy in the middle of a pandemic
and interact with retailers, merchants, etc. Even if they do not go into the stores during the closure, it is
hoped they will return. Councilmember Buckshnis commented Mr. Doherty had convinced her.
Councilmember Distelhorst thanked Mr. Doherty for the presentation and the packet, finding the
information very helpful. He commented at least one other Councilmember was on the March 25"'
roundtable and he appreciated the professional facilitation of that discussion as well as the good banter
between interested parties. It was interesting to hear businesses say something and other businesses and
stakeholders responding affirmatively in the chat. He made the following suggestions: temporary ADA
parking close to the pedestrian zone, higher quality safety barriers considering the number of pedestrians
downtown, map of transportation options so people know who to get to downtown without driving, and
collaborate with churches with large parking lots on existing transit routes. He recalled the consensus at
the March 25"' roundtable was that music not be amplified and music be scheduled so that people could
plan around it.
Council President Paine loved the vibrant discussion and suggested streateries be considered in the
totality of Walkable Edmonds. She worried for the retailers, noting some will benefit and others are
impacted by the removal of parking near their business. She asked if consideration had been given to two
weekends a month instead of every Saturday and Sunday and/or opening Friday evening for restaurants to
avoid retailers trying to share the closure with restaurants. Mr. Doherty said two weekends/month had not
been suggested. The goal is consistency to avoid confusion; inconsistency can lead to frustration by the
public. With regard to Friday evenings, some merchants thought it would be great, others thought it
would be difficult logically, and much of the public thought it sounded great. A staff level working group
is researching suggestions from the March 25" roundtable including Friday evenings. Last year's effort
was fast and furious and the goal this year is to enhance the experience.
Edmonds City Council Approved Minutes
April 6, 2021
Page 23
Council President Paine asked for a cost breakout for the weekend and for Friday evening, noting the
tension seems to be between restaurants and retail. If the closure was after retail hours on some weekends,
there would be a better balance between restaurants and retail needs as restaurants are often open in the
evening. Mr. Doherty said without hard data, it is difficult to know how retailers are actually affected;
anecdotally as many say they don't like it as say they do like it. He was uncertain that limiting the hours
benefited retailers, recalling some of the retailers he spoke with like the closure and say they benefit from
it, but those people were not as motivated to speak at the Council meeting.
Mr. Doherty said consistency is necessary from a staff perspective and for the public. Last year the
closure was put up in the morning and taken down in the evening. Staff prefers once the street is closed it
remain closed until Monday morning because last year it was very complicated when the barriers were
removed in the evening and cars started driving through while restaurants still had customers. For
consistency and safety, it is preferable to close and reopen once a weekend.
COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST,
TO EXTEND 15 MINUTES TO 10:45. MOTION CARRIED (5-2), COUNCILMEMBERS K.
JOHNSON AND FRALEY-MONILLAS VOTING NO.
Councilmember Olson acknowledged the good work of the administration and Mayor Nelson last year.
She noted some people were only out last year because of the opportunity to socially distance and may
have been the only people spending at restaurants and other businesses. Nationwide the industry predicts
80% closure of small, independent restaurants as a result of the pandemic. Clearly that would be bad if it
happened in Edmonds and because of this initiative, Edmonds restaurants will fare much better than that
statistic. The mental health crisis of being isolated may have been avoided by Walkable Edmonds last
summer, but looking ahead the why is a little questionable. Many felt unsafe to socialize last year, but as
more people get vaccinated, she feared there would be more crowds on Walkable Main Street especially
if music and other fun things were added, making it no safer than anywhere else. The why this year seems
to be that the public thinks it is fun, herself included. People would also like dance parties in the Brackett
Room of City Hall on Friday and Saturday nights, but that is not the purpose of City Hall.
Councilmember Olson emphasized this is a business district and its main purpose is not to throw parties
for the public. This is the downtown business core first and foremost and that needs to be kept in mind.
Without hard data, the input from non -restaurant and non -bar retailers about the significant impacts to
their businesses need to be considered as well as input from restaurants and bars outside Main Street. She
relayed one business in the zone said their typical Saturday, their best retail day, was $100042000 versus
$200-$400 on a typical Saturday with the street closure which is a huge difference. Another business
owner in the zone, Manya Vee, MaJe Gallery, made the excellent point in the media that their window
displays directly contribute to their ability to draw in shoppers. When people are in the middle of the
street versus on the sidewalks, they do not have that marketing opportunity. Retailers pay their rent based
on the amount of window space (glazing) because of its impact on foot traffic.
Based on the above, Councilmember Olson said the closure must be weather dependent. For example if
there a 60% or higher chance of rain for four or more of the closure hours, it should be canceled the day
before. She recalled times when the streets were closed and were completely empty which does not
benefit anyone. She also suggested having the closure only one of the weekend days as it would serve
more members of the public and the businesses' different clienteles. She suggested the City consider
Sunday only because some retailers were not doing amazingly on Sundays and chose to be closed that
day. Even if Sunday was not typically a huge day for people to be downtown, she suggested the point of
closures like this were to drive business to the area, perhaps resulting in more business on Sunday which
would help retailers and restaurants. She suggested the closure be summer only, possibly only June to
Labor Day as was discussed at the roundtable. She liked the idea of adding music, street games, sidewalk
chalk, etc. as long as it did not become too crowded.
Edmonds City Council Approved Minutes
April 6, 2021
Page 24
Councilmember L. Johnson asked the percentage of downtown retail stores that are closed on Sunday.
Mr. Doherty said he did not know the exact number but a sizeable number are closed on Sundays.
Councilmember L. Johnson asked if starting the closure 4 or 6 p.m. Saturday through Sunday night was
considered to reduce the impact to retail stores. Mr. Doherty said input has been gathered via the survey
and roundtable with a variety of suggestions but decisions have not been made. Councilmember L.
Johnson asked if Saturday night through Sunday night was considered. Mr. Doherty recalled one person
may have suggested that; there were a range of suggestions from two days, starting Friday evening, only
evenings, only one day, etc.
Councilmember L. Johnson said Edmonds is celebrated an art town and art and music add to the
ambiance. She agreed with having local musicians and artists and not amplifying the music whether it is
scheduled or not.
Councilmember K. Johnson relayed her understanding that one of the reasons for the closure was to draw
people downtown to restaurants during the pandemic. It seems counterintuitive during a pandemic to
create a situation that attracts people to socialize and enjoy music and expose more people. She never
went downtown during the closure last year and has not been to a restaurant or a grocery store in over a
year because she wants to remain in her personal bubble. She supported encouraging all the downtown
merchants and believed Walkable Main Street was good for the restaurants but it was questionable
whether it was good for the local merchants. She liked the idea of closing the streets Saturday night to
Sunday as that would give merchants the opportunity to have shoppers Friday night and Saturday, thereby
splitting the market. She said Seattle closes a lot of streets during non -pandemic times from 4 p.m. to
facilitate bus travel in the core. It can be done in Edmonds with no parking after 5 or 6 p.m. which would
provide consistency.
Councilmember K. Johnson suggested if the forecast was for rain all weekend, the closure could be
canceled and only closed during fair weather. Mr. Doherty said pointed out the difficulty counting on the
weather in the Pacific Northwest. For example, the forecast on Thursday and Friday of Easter weekend
was rain and it ended up being beautiful on Saturday until 3 p.m. and gorgeous after 12 noon on Sunday.
Conversely, a forecast for rain can end up with the weather being beautiful. Councilmember K. Johnson
liked ideas that provide more flexibility so the closure supports the restaurants and the merchants and
allows them equal access on the weekend. She worried about Walkable Main Street drawing more people
especially with forecasts of a fourth wave. Attracting young people may be problematic when the 18-30
age group is reportedly spreading the virus.
COUNCILMEMBER OLSON MOVED TO EXTEND 15 MIN TO 11:00. MOTION FAILED FOR
LACK OF A SECOND.
COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER OLSON,
TO EXTEND 5 MINUTES TO 10:50. MOTION CARRIED (6-1) COUNCILMEMBER K.
JOHNSON VOTING NO.
Councilmember Olson said there is an issue with closing at 6 p.m. because setting up and clearing cars
out of the zone has an impact earlier in the day.
Councilmember Fraley-Monillas said she looked forward to further discussion and input.
9. MAYOR'S COMMENTS
Mayor Nelson relayed the Snohomish Health District's report that this is the third week of rising COVID
cases counts, now up to 121/100,000. As Dr. Spitter said, having 18% of the county vaccinated will not
Edmonds City Council Approved Minutes
April 6, 2021
Page 25
stop COVID; that requires an 80% vaccination rate. He urged the public to socially distance and wear
masks.
Mayor Nelson expressed his regret that the City did not act sooner for the grocery workers during the
pandemic as it is very unfair to expect those who are paid the very least to take the most risk. He thanked
Councilmembers for supporting frontline workers, not just with words, but with action.
10. COUNCIL COMMENTS
Council President Paine was glad the City took this step for grocery workers, recognizing they have been
working hard in untenable situations. It is difficult, stressful work, especially when the public is stressed
out about COVID. She recognized the case count was going up, making her worry about a new wave. The
variants are very contagious and people are not getting vaccinated as quickly as hoped. She announced a
budget retreat on May 8"' from 1 to 5 p.m. She encouraged the public to wear masks and wash their
hands.
Councilmember Olson thanked frontline workers in every industry and said one of the ways she
supported grocery workers was to suspend the plastic bag ban because she was concerned about their
health and wellbeing. In tonight's action, she was unable to overlook what she felt was the role of
government.
Councilmember Fraley-Monillas encouraged people to support grocery workers not just by words but by
actions and show that what they do makes a difference. She appreciated everyone that does that work.
Councilmember Distelhorst agreed with Mayor Nelson and other Councilmembers' comments in support
of local grocery store workers. This week is National Library Week and today is National Library
Worker's Day. He is a huge library supporter, advocate, and volunteer. The library reopened last week for
limited in -building service and he asked the public to respect their guidelines. He thanked the library and
library employees for the safe and equitable services they provide in Edmonds and throughout Snohomish
County and Island counties.
11. ADJOURN
With no further business, the Council meeting was adjourned at 10:50 p.m.
MICHAEL NELSON, MAYOR
SCOTT PASSEY, CITY CLERK
Edmonds City Council Approved Minutes
April 6, 2021
Page 26
stop COVID; that requires an 80% vaccination rate. He urged the public to socially distance and wear
masks.
Mayor Nelson expressed his regret that the City did not act sooner for the grocery workers during the
pandemic as it is very unfair to expect those who are paid the very least to take the most risk. He thanked
Councilmembers for supporting frontline workers, not just with words, but with action.
t0. COUNCIL COMMENTS
Council President Paine was glad the City took this step for grocery workers, recognizing they have been
working hard in untenable situations. It is difficult, stressful work, especially when the public is stressed
out about COVID. She recognized the case count was going up, making her worry about a new wave. The
variants are very contagious and people are not getting vaccinated as quickly as hoped. She announced a
budget retreat on May 8"' from 1 to 5 p.m. She encouraged the public to wear masks and wash their
hands.
Councilmember Olson thanked frontline workers in every industry and said one of the ways she
supported grocery workers was to suspend the plastic bag ban because she was concerned about their
health and wellbeing. In tonight's action, she was unable to overlook what she felt was the role of
government.
Councilmember Fraley-Monillas encouraged people to support grocery workers not just by words but by
actions and show that what they do makes a difference. She appreciated everyone that does that work.
Councilmember Distelhorst agreed with Mayor Nelson and other Councilmembers' comments in support
of local grocery store workers. This week is National Library Week and today is National Library
Worker's Day. He is a huge library supporter, advocate, and volunteer. The library reopened last week for
limited in -building service and he asked the public to respect their guidelines. He thanked the library and
library employees for the safe and equitable services they provide in Edmonds and throughout Snohomish
County and Island counties.
it. ADJOURN
With no further business, the Council meeting was adjourned at 10:50 p.m.
MIC AEL NELSON, MAYOR
CO A5 EY, ITY E
Edmonds City Council Approved Minutcs
April 6, 2021
Page 26
Public Comment for 4/6/21 Council Meeting. -
From: joe scordino
Sent: Tuesday, April 6, 2021 6:01 PM
To: Council <Council@edmondswa.gov>
Cc: Public Comment (Council) <publiccomments@edmondswa.gov>; Students Saving Salmon
<students.saving.salmon@gmail.com>
Subject: Please protect and enhance mature trees in Edmonds
Please see the link below on commitment that students made to enhance trees in Edmonds.
I can only hope that the Council will make a commitment to spend the time needed to revise
the Tree Code to actually preserve mature trees in Edmonds.
Scene in Edmonds: Improving salmon habitat with trees
From: Sheila Cloney
Sent: Tuesday, April 6, 2021 9:32 AM
To: Passey, Scott <Scott.Passey@edmondswa.gov>
Cc: Doherty, Patrick <Patrick.Doherty@edmondswa.gov>
Subject: Walkable Main 2021- submittal under public comment 4/6/21
Mr. Passey/City Clerk,
As I am unable to figure out on the Edmonds website how to email the council and mayor
without entering each individual email address, please assist me by forwarding the attached
document to the Mayor and City Council on my behalf under Public Comment regarding
Walkable Main Street 2021 which is on the April 6, 2021 agenda.
Best.
Sheila Cloney
Anchor Chic
529 Dayton Street
Edmonds
ht t ps://w ww. ki rkla ndwa.gov/f i le s/s ha red a ssets/pu b I i c/city-coun ci I/agenda-documents/2021/a p ri 1-6-
2021/9g business. pdf?fbclid=lwAR2fOzvNO-wxCT -SROa oa3RFEgCnlg44x7H5x5BJxiTEeJzB-7dfmXU
Edmonds City Council Approved Minutes
April 6, 2021
Page 27
From: Dave Teitzel <kathydave52@hotmail.com>
Sent: Monday, April 5, 2021 12:54 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Grocer workers
Council,
Please include these comments in the public record of the 4/6/21 Council meeting.
I support our local grocery workers and believe they should be recognized for their great work
to ensure food continues to be available to our community during the Covid pandemic. I
especially appreciate the action taken by PCC to voluntarily provide extra hourly compensation
to its workers during the pandemic crisis. However, I think this sort of goodwill action should
be voluntary on the part of the grocery stores and not legislated upon the stores by local
government. In fact, I believe it is overreach on the part of local government to mandate on
private businesses -a temporary pay increase. And we have already seen an unintended
consequence of such an action: QFC recently announced it is closing two stores in Seattle
largely due to the city -mandated $4/hour temporary pay increase for grocery workers.
Rather than focusing on the grocery industry, it would make more sense for the City to consider
providing a temporary hourly pay increase to its own EPD patrol officers. These employees
must directly interact with citizens every day: citizens who may be drunk, infected with the
Covid virus, under the influence of drugs, combative, etc. They have reported to work every
day and are subject to at least as much virus risk during the pandemic as grocery workers. I
suspect Edmonds citizens would support such a temporary pay increase for our police officers
until the Governor announces the Covid-related restrictions are over.
Thanks,
Dave Teitzel
Edmonds
From: jschlatt@frontier.com <jschlatt@frontier.com>
Sent: Monday, April 5, 2021 12:31 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Grocery Workers
As the QFC cashier who has the least seniority, it is MY hours that will be cut if Edmonds City
Council decrees hazard pay. I get the shifts left over after everyone else gets first pick. Every
one is all "rah" about increased pay. But the company will reduce hours to make up for the
arbitrarily decreed increased pay. I am the one who will still have to pay my union dues no
matter how few hours I get. And if I don't get enough hours, I don't qualify for the union to pay
Edmonds City Council Approved Minutes
April 6, 2021
Page 28
my healthcare premiums so they will come out of my pocket as well. Edmonds City Council and
Mayor Mike Nelson need to focus on their own jobs and leave mine alone.
Trade Schlatter
Edmonds,WA
From: Ken Reidy
Sent: Monday, April 5, 2021 6:24 AM
To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council)
<publiccomments@edmondswa.gov>
Cc: Hope, Shane <Shane.Hope@edmondswa.gov>; Williams, Phil
<Phil.Wllliams@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com>; Nelson,
Michael <Michael.Nelson @edmondswa.gov>; Council <Council@edmondswa.gov>; Judge,
Maureen <Maureen.Judge@edmondswa.gov>
Subject: Public Comments for the April 6, 2021 Council Meeting
The original 1890 plat of Edmonds dedicated a 7 %' wide alleyway for public thoroughfare
(ingress/egress) north of Daley Street between 7th Ave. N. and 9th Ave. N. Part of this 7 %' wide
piece of property is located directly to the south of Holy Rosary Catholic Church.
Alleyway easements must be 15' wide. Has the City's Official Street Map ever indicated a
planned alley at that location? If not, why not? Why would the City's Official Street Map fail
to disclose a planned alley when 50% of the required dedication was made in 1890?
Why were applicants not made to dedicate a 7 %' wide alleyway for public thoroughfare
(ingress/egress) north of Daley Street between 7th Ave. N. and 9th Ave. N. when the related
property was developed?
The City is currently requiring the Sundstone Condominium Owner's Association to provide 10-
foot-wide right-of-way dedication to the City of Edmonds along two property frontages. Why
are they being treated differently than developers of property north of Daley Street between
7th Ave. N. and 9th Ave. N.?
City employee Lyle Chrisman informed one developer of property north of Daley Street
between 8th Ave. N. and 9th Ave. N. in a July 25, 2006 email that:
"Per our earlier conversations on the issue, the City does not want additional right-of-way in
that area, so dedication would not be an alternative."
Edmonds City Council Approved Minutes
April 6, 2021
Page 29
Who has legal authority to do what related to the Official Street Map of Edmonds?
Specifically, when reviewing a proposed development project, does City Staff have the
authority to not require dedication so that a street or alley easement meets the minimum
required access width?
In the Sundstone Condominium Owner's Association situation, does City Staff have the
authority to simply tell Sundstone that the City does not want additional right-of-way in that
area, so dedication would not be an alternative?
Or does that type of decision fall under the City Council's authority? Can City Staff decide to
not require right -or -way dedication without obtaining City Council's approval?
What happens if City Staff does so?
When property is being developed next to a street or alley that does not meet the City's
minimum access width requirements, does City Staff have the responsibility to require
dedication of the remaining width required?
Thank you for prompt answers to all these questions. Please inform Sundstone Condominium
Owner's Association that they are being treated differently than others have been treated in
the past.
I hope City Council uses this opportunity to build knowledge in this area, so our City Council and
our citizens have a clearer understanding of these laws and who has the authority to do what.
Thank you.
Ken Reidy
From: N Middleton
Sent: Saturday, April 3, 2021 6:14 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Please oppose grocery worker hazard pay
Grocery worker pay is a collective bargaining issue. As an SEIU representative, Mayor
Mike should know that. My son's hours were cut when the Seattle minimum wage was
increased. He ended up working less hours and making less money before. If Mike was
genuinely cared about workers, he'd want to ensure they didn't take pay cuts as a result of
Seattle/King County/California policies.
Mike needs to stop trying to lead a forced march toward becoming "Little Seattle". Any idea
that is sold on the basis of what Seattle, King County or California is doing needs to be
opposed. Those are all nice places to visit, but who the heck wants to live there? I like
Edmonds because it's not Seattle. Don't Californicate Edmonds!
I really regret voting for Mike. I won't make that mistake again.
Edmonds City Council Approved Minutes
April 6, 2021
Page 30
Sincerely,
Norma Middleton
From: cdfarmen@comcast.net
Sent: Friday, March 26, 2021 11:11 AM
To: Council <Council@edmondswa.gov>; Public Comment (Council)
<publiccomments@edmondswa.gov>
Subject: Tree Code
Dear Council Members,
I know that It has been a long 4 month period of trying to develop a solid tree retention and
protection code. To me, it was evident from the meeting earlier this week that further
deliberation at this point was not going to be productive.
Now that the moratorium has expired, I would think the landowner can proceed with their
proposed Perrinville Woods 14 unit subdivision. If that happens before any Step 2 amendments
are approved, the subdivision will become vested and any subsequent new tree code changes
will not be applicable to that subdivision.
With that in mind, I do have one important recommendation which I ask for your consideration
regarding subdivisions. Please consider including time next week for a special agenda item to
amend the section of the tree code on subdivisions.
I propose to add an exception to 23.10.050 that basically states:
"any subdivision being proposed to be developed on any drainage or headwaters of any
local stream sholl be designed following the Flexible Conservation Subdivision Design plan".
Thank you for your thoughtful consideration.
Duane Farmen
Seaview resident
Edmonds City Council Approved Minutes
April 6, 2021
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