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cmd081721EDMONDS CITY COUNCIL MEETING APPROVED MINUTES August 17, 2021 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Susan Paine, Council President Adrienne Fraley-Monillas, Councilmember Kristiana Johnson, Councilmember (via Zoom) Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Laura Johnson, Councilmember (via Zoom) ALSO PRESENT Brook Roberts, Student Representative CALL TO ORDER/FLAG SALUTE STAFF PRESENT Whitney Rivera, Edmonds Municipal Court Judge Uneek Maylor, Court Administrator Dave Turley, Finance Director Angie Feser, Parks, Rec., Cultural Arts & Human Services Director Shannon Burley, Deputy Parks & Recreation Dir. Rob Chave, Acting Development Serv. Dir. Mike Clugston, Senior Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Nelson in the Council Chambers, 250 5" Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Buckshnis 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 or participating virtually. 4. APPROVAL OF AGENDA COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. PRESENTATIONS 1. JUNE FINANCIAL REPORTS Edmonds City Council Approved Minutes August 17, 2021 Page 1 Finance Director Dave Turley reviewed: • Summary of ARPA ordinance passed on Julv 20: Account Purpose Destination 2021 2022 2023 2024 Amount A Edmonds Rescue Expended by $750,000 $-- $-- $-- $750,000 Plan City the City Expenditures B Household Grants 1,000,000 1,000,000 500,000 500,000 3,000,000 Support B Utility Bill Grants 150,000 -- -- -- 150,000 Support B Housin Re air Grants $1,000,000 -- -- -- 1,000,000 C General Business Expended by 50,000 50,000 50,000 50,000 200,000 Support the Citv C Tourism Support Expended by 75,000 75,000 75,000 75,000 300,000 the City C Small Business Grants 500,000 125,000 -- -- 625,000 Support D Edmonds Rescue Grants 500,000 -- -- -- 500,000 Plan Nonprofit Ofg SlIpport E Edmonds Rescue Contracted 600,000 -- -- -- 600,000 Plan Job with Colleges Retraining Pro am F Edmonds Marsh City Capital -- 190,000 491,157 -- 681,157 Water Quality and Expenditures Flood Control F Lower Perrinville City Capital -- 500,000 2,678,733 -- 3,178,733 Creek Expenditures Reali ment F Green Streets & City Capital -- 400,000 508,209 -- 908,209 Rain Gardens Expenditures Totals $4,625,000 $2,340,000 $4,303,099 $625,000 $11,893,099 Items of note: o General Fund Revenues are 3,244,011 ahead of this time last year and $2,085,728 ahead of budget o General Fund expenses are $65,592 higher than this time last year and $1,569,013 under budget o Sales tax revenue through July 1 is up $1,248,744 from the same point in time last year o June REET revenues are $1,089,466 ahead of this time last year and $1,210,004 ahead of budget Sales tax revenues continue to exceed both 2020 actual receipts and 2021 budget receipts o Graph of Sales and Use Tax - current year, budget and prior year Sales tax update o YTD July 2021 sales tax revenues of $5,699,002 are $1,248,744 (28%) higher than the YTD amounts through July 2020 o Graph of change in sales tax revenue: July 2021 compared to July 2020 o After a year of severe reductions due to COVID 19 restrictions, taxable sales reported for City of Edmonds bars and restaurants have shown drastic improvement in recent months, with sales in March through May 2021 exceeding sales in those months during pre -pandemic 2019 o Graph of sales tax reported for sales made at "Food Services and Drinking Places" in the months of November 2018 - May 2021 Edmonds City Council Approved Minutes August 17, 2021 Page 2 REET Revenues o In 2020 we received about $650,000 or 124% more in REET revenues than budget o In 2021 we are on track to receive nearly $2 million or 175% more in REET revenues than budgeted o Graph of REET 2020 and 2021 cumulative amounts Councilmember Buckshnis said Mr. Turley made a different presentation at the Finance Committee if anyone wanted to watch that meeting. The financials are in the packet; she pointed out what a good job staff is doing with the investment portfolio and the rate of return even in today's market. 6. AUDIENCE COMMENTS Mayor Nelson described the procedures for audience comments. In accordance with RCW 42.17A.55, public comments shall not include statements which promote or oppose candidates for public office or ballot measures except in the course of a public hearing specifically scheduled for such purposes. Lynn Chelius, Edmonds, referred to the agenda item regarding returning to an all virtual meeting format and urged the Council to retain the hybrid in-person/virtual meeting format. To vote otherwise is to annul their responsibility at a time when Edmonds government needs to recapture transparency and responsiveness to citizens' concerns. The Council needs to win back the public's confidence in their ability to govern fairly and openly. Some sitting Councilmembers have struggled with and perhaps failed to understand the reason for and importance of certain rules and procedures that serve to inform and protect citizens. For instance, there were recently missing extended agendas, activities by some Councilmembers serving on boards and commissions that are conflicts of interest, Councilmembers abstaining from important but difficult votes, certain Councilmembers involved in serial meetings and now a push to return to legislating in private. These long standing rules and procedures are extraordinary important. Ms. Chelius continued, rules and procedures give citizens notice of potential legislative action and time for citizens to understand, research and discuss, provide transparency in government, protect citizens from those on Council who promote their own personal interests ahead of Edmonds citizens' interest, give notice of Councilmembers' positions which help citizens for whom to vote. Of all these long establish protocols, perhaps the most important is the right of all citizens to stand in person in front of Council to express their opinions and be present in Council chambers to actively observe Council in action as codified in RCW 35A. Virtual Council meetings reduced citizen input to what are essentially voicemails, routinely ignored. Safeguards are in place; masking, social distancing in seating and certainly vaccinations. Whether the Council couches a return to all virtual meetings as an emergency or for public health reasons, neither excuse justifies eliminating a process vital for honest and transparent government. In about two weeks, she will return to a workspace filled with unvaccinated children; schools have taken necessary precautions and will move forward because in -person school is so important. The citizens of Edmonds expect no less from the Council. Deborah Lobe, Edmonds, expressed her opposition to the portal. Reporting on a neighbor based on political bias shows contempt and a lack of sense. A neighbor of understanding discusses issues with their neighbor first, that is being a responsible neighbor. After Black Lives Matter Incorporated was used to bully Edmonds citizens, it is clear the voice of the citizens are mocked. The portal is weaponized for biased gossip, to bully the ugly White people and the businesses in the Edmonds Bowl. This cancer is and must be dealt with now before it destroys this town and spreads to other cities. The definition of cancer is a disease in which abnormal cells divide uncontrollably and destroy body tissue. There are policies from King County that citizens of Edmonds do not want, policies biased toward citizens in the community. The Code of Ethics talks about keeping the community informed on municipal affairs and encouraging Edmonds City Council Approved Minutes August 17, 2021 Page 3 communications between citizens and all municipal officers, and emphasizing friendly and courteous service to the public. There is nothing courteous about a biased portal. Judgment is biased on what people say; this is done in communist countries. This portal is designed to create division. After seeing how well the City is doing, she questioned whether Edmonds would continue to flourish economically if the portal remains open. She watched Whatcom's Council and they do not act like Edmonds City Council. She requested this issue be put on the agenda, stating we are a constitutional republic, not a democratic one. Cynthia Sjoblom, Edmonds, said she never thought a community of people speaking up at a Council meeting would be chastised for exercising their 1st Amendment rights. Given the fact that citizens' concerns are not being heard, they should not be surprised. The Council recently returned to in -person meetings and there is a vote tonight to return to Zoom. As the governor is not mandating stay-at-home orders, she questioned why masks are not sufficient to retain in -person meetings. She questioned why government officials have audience comments during Council meetings if they don't really want to know what the community cares about. Speaking out about her concerns about the illegal, unconstitutional hate portal, as Mayor Nelson referred to it at the August 3rd meeting, she realized her words don't matter and it's clear the government has no interest in what citizens want. She questioned whether audience comments were just for show and just to give the appearance that their voices matter. The government has asked for civility at meetings; the problem is when they are perpetually given lip service. Ms. Sjoblom continued, on July 27th there was a group of passionate people in the room and a great deal of applause that was not recorded because apparently the microphone is very sensitive. There has been a great deal of local public printed news that is not favorable of the government and it appears a law may have been violated on August 3rd. She questioned why government was so defensive of citizens expressing their thoughts, concerns and things they are passionate about, whether there was another agenda that the public was not aware of. The answer is yes, the fact is the government is following the playbook of the Seattle City Council, the governor and even the federal government through the United Nations Agenda 21, an agenda that is global. She urged everyone to become familiar with Agenda 21 that lays out the strategy of redevelopment and density using our tax dollars, giving developers years long tax exempt status while the rest of the constituents carry that tax burden. Creating such density means the standard of living goes down and crime goes up. She spoke with a police officer outside Edmonds today who confirmed density increases crime. Susan Hughes, Edmonds, said she had never attended a City Council meeting or been involved with Edmonds politics until she attended the July 27' Council meeting to express her concern with the hate portal. She was glad to see a large number of very passionate people in attendance to express their concerns with the portal, upzoning, and Dayton Street. Many had specific reasons why the portal should be removed such as increased distrust, government overreach, something seen in communist countries, etc. There were Asian and Hispanic citizens stating they have never been discriminated against or seen racism in Edmonds and even a woman from Romania pointing out the horrors the hate portal will create, explaining how members of her family were killed for speaking the truth and fascism used by every dictator. The Mayor and City Council had a great opportunity to hear concerned citizens and could have planned to discuss the concerns, acknowledge the citizens and work to bring everyone together. Instead, the Mayor made vindictive and false statements at the August 3' meeting; she was appalled at what he said. After relistening to every person that spoke on July 27' and reading the minutes, she relistened to the Mayor's comments and realized he was gaslighting, taking comments out of context and making false statements. The Mayor was shaming and bullying citizens in his comments. Ms. Hughes quoted the Mayor, "packing of the Council Chamber was part of an organized effort by a partisan campaign to bully and harass specific elected officials and City staff by a local City Council candidate's campaign." Ms. Hughes said that was not true, not one person bullied or harassed anyone; they expressed their concerns with the hate portal and stated it was communistic. She did not personally Edmonds City Council Approved Minutes August 17, 2021 Page 4 know any of the Councilmembers or candidates running for Council, but the Mayor is trying to smear a candidate. She recalled Mayor Nelson saying these candidates called us fascists, Nazis, communists; commenting unless someone's name was portal, that did not happen, not one speaker called anyone names. They said the hate portal was fascism like Nazi Germany and communistic. She recalled Mayor Nelson saying an audience member identified the personal car driven by a Councilmember they targeted; a man named Eric read a statement from a man named Rod who was unable to stay for the meeting; he listed a number of concerns about the hate portal and stated Councilmember Fraley-Monillas in a Facebook chat referred to people who in downtown Edmonds as a pack of rich, white people. He stated I drive a Honda Accord and I'm a white male, I don't drive a yellow Corvette. She referred to Mayor Nelson's comment that they repeatedly called out their opponent and the candidate's campaign manager shouted and pointed from the podium that he was coming after Councilmembers. In fact, the comments Eric read were posted on the wall behind the Council to remind them of their duty. Regarding the portal, he said this is injustice which is why so many are present tonight and it needs to stop tonight. He pointed out several Councilmembers' terms are up in the coming elections and said citizens are coming after them. Ms. Hughes said she was fearful of the power the Mayor's was wielding with false statements and is setting up an us, Edmonds citizens, versus them, the City Council. Kathy Brewer, Edmonds, referred to the agenda item regarding suspending in -person Council meetings for health and safety reasons and said this is a bad idea, not only for the City and citizens but especially for democracy. Founding father James Madison stated in a democracy, the people meet and exercise the government in person. It is crucial for Edmonds citizens to be allowed to participate in in -person Council meeting and let their voices be heard. COVID no longer has to be a threat; most people have been vaccinated, wear masks and are socially distanced in Council Chambers. She was unaware of any infections due to in -person meetings that resumed on July 20' and she attended the first two. Even with the July 27t' meeting, which was a packed house with many unmasked, there are important issues being discussed and decided and citizens have a right to fully participate and know they are being heard. The vocal July 27 h meeting was an exhibit of pent up frustration and anger from citizens being blocked from face-to-face interaction with their government for 1'/z years while decisions continued to be made by representatives, many against citizens' will. Citizens also expressed frustration with the lack of email response from their representative; they do not feel heard. Going back to remote -only meetings will result in more frustration and anger. She urged the Council to do the right thing — continue in -person meetings and keep citizens healthy and safe with COVID protocols and ensure democracy is also healthy and safe and flourishing in Edmonds. Robin Wright, Edmonds, referred to herself as an uninformed citizen, having learned only a few weeks ago about the Housing Commission and their proposals related to rezoning single family to multifamily. She loves walking around Edmonds and through downtown because it is a peaceful, quiet neighborhood setting and she anticipated bringing in a lot more people would change that, increase traffic, increase crime and change the look and flavor of the neighborhoods. She referred to the cover letter and questioned why the study was even done, whether it was a legal requirement for Growth Management or just a whim to bring more growth to Edmonds because growth is always good. It also mentioned the Commission did a lot of outreach to the community including surveys, focus groups and mailings. She never heard anything about it and if she received a mailing, it went into the recycling. Due to COVID, a lot of things have been shut down like the library where people may see a public notice or in the Beacon which she noted is now a subscription. In talking with her neighbors, none of them knew anything about it either. There are a lot of uninformed citizens like herself that would be very disappointed to hear about this upzoning. Janelle Cass, Edmonds, expressed her concerns about Council meetings returning to Zoom versus remaining in -person per Item 9.2 on the agenda. Like many she appreciated the hard work done to accommodate public viewing during the statewide lockdowns and the creative hybrid model that has Edmonds City Council Approved Minutes August 17, 2021 Page 5 allowed the public to safely return to in -person participation while accommodating those who feel more vulnerable to participate from home. Just as the Council had much to consider when returning to in - person meetings, the Council has much to consider as concerns evolve around the delta variant. She offered the following considerations for the Council's discussion: 1. It seems evident that residents are more apt to speak in person rather than on Zoom. Judging by Councilmembers' reactions, she believed Councilmember were hearing them. It would be worthwhile to include in tonight's discussion the data which she assumed Councilmembers have of how many more people speak on average at in -person meetings versus Zoom. 2. Just like grocery store workers and first responders, Councilmembers being at meetings in -person is essential to citizens. Government is of the people, for the people and by the people. What is left when the people are taken out of the equation? 3. During this current term which started in January 2020, the public has only been able to engage with this Council as a whole in -person for less than 20% of the time. When Councilmembers don't get to see or hear citizens, she asked whether they were truly representing them. The lack of personal engagement is reflective in many citizens' discontent in policies put forth by the Council. Personal engagement is necessary to build a trust factor and create optimum outcomes for Edmonds. 4. Rather than going back to Zoom as the only control measure, she encouraged the Council to reach out to the many doctors, scientists and experts in Edmonds who willingly donate their time and find additional safety measures to keep the public process in person. Ms. Cass looked forward to the Council voting to retain in -person meetings. Rebecca Anderson, Edmonds, said she was grateful to live in Edmonds. She referred to Agenda Item 9.2, Council Vote to Return Meetings to Virtual Platform in Lieu of In -Person Meetings, voicing her concern that if this passed by a majority, it would seriously stop open communication with citizens of Edmonds and negatively affect good government outcome. Too many important issues require residents to be fully participating in the discussion to be relegated back to a call -in protocol where Council does not see faces. Being in person makes an impact and is important. She requested Council vote no on this issue as it will rescind full citizen involvement in the local government process. She suspected the return to virtual meetings would pass based on the response from the Mayor and a majority on Council when residents showed up to share their opinions on City issues in late July. She hoped everyone was able to watch that video, especially the Council comments at the end of the meeting. If not, she urged citizens to go to the City's website and watch the video of the July 27, 2021 Council meeting. Ms. Anderson reminded everyone of the Mayor's reply in My Edmonds News to the notable participation of residents in Edmonds on July 27'. In short, he did not appear to appreciate in the least the public comments as they ran contrary to his opinion. She supposed it will be argued that the need for the rollback was due to the uptick in COVID cases, but she questioned whether the rollback would include City Hall shutting its doors as well or was it just for public meetings involving residents, whether City employees would be working from home again and if not, why not? The public is still allowed in grocery stores with masks to ensure in -person access to food, but the Council is set to vote on not allowing residents in - person access to their government. She questioned what made Council Chambers different than grocery stores and restaurants, and why the same safety protocols approved by the State cannot continue for Council Chambers. For the good of Edmonds, she urged the Council to vote no on this agenda item. Tamara Murphy, Edmonds, concurred with every previous speaker, particularly regarding in -person meetings. She applauded the Council for doing a hybrid. She attended the Zoom meetings, raised her virtual hand for the entire meeting and was never called on, something the public cannot see because the public's faces and interactions are not visible. It is very important to see one another, to hear from one another and honestly to applaud one another. If she didn't come up and say she agreed with all the previous statements, the Council would not necessarily know that. It would be wonderful if people could Edmonds City Council Approved Minutes August 17, 2021 Page 6 express to the Council between speakers walking to the podium their approval or disapproval of what someone has said. She felt that was very valid and important and she did not appreciate being shut up or not called on in the Zoom meetings. Linda Ferkingstad, Edmonds, referred to the Council's tree ordinance, an ordinance that requires private property owners wishing to build homes in single family zones to purchase for a second time their own trees from the City. Before property can be divided, tree roots removed or homes built, the Edmonds City Council requires payment for 100% of the worth of a 24" or larger trees' timber and the perceived carbon footprint value. It's an illegal taking of private property without compensation according to the 5'}' and 14' amendments of the United States Constitution. As an immigrant and a naturalized American citizens, she treasures our country and the freedoms the constitution protects. The constitution was written purposely to restrict governmental control, illegal takings and to ensure citizens' rights to own and use their property for the purpose it is zoned for without penalty or overburdening with unfair taxes. She questioned how the Council can pass an ordinance that breaks the laws of the constitution, burdening those wishing to legally build single family homes on single family zoned properties. How can the Council stand by this ordinance knowing it is illegal and not demand equal treatment for hardworking people trying to fulfill the needs of the community? The only way they can build 3 homes on their 1.2 acres without these illegal tree fees is if they are able to retain 50% of the trees. Large trees will be only 10 feet from their homes and they will have to maintain 50 trees on each of the 1/3 acre lots after they purchase and plant 1-3 trees for each tree removed. She questioned when they would see the sun. Ms. Ferkingstad asked if the Council would require every single family zoned property with or without homes in Edmonds to have 50 trees on their 1/3 acre properties and whether the Council willing to pay $2000 for each tree that was less than 50 trees on their property. If not, the ordinance is not equitable and is obviously1argeting those who wish to build or purchase new homes in Edmonds. The tree ordinance is embarrassing for the City, illegal, discriminatory and a bullying of private property owners who are attempting to legally build much needed single family homes. She requested the Council revise the tree ordinance to comply with the US Constitution and the Washington State GMA and review the tree code written by neighboring Woodway after litigation forced them to comply with the GMA when they attempted to restrict building and tree retention. She thanked the Council for listening and for working to make laws equal for all those who currently and wish to live in Edmonds. Natalie Seitz, Edmonds, relayed her understanding from the packet that the City is looking toward bond financing to pay for capital and maintenance expenditures as well as take advantage of low interest rates. She was supportive of the City increasing the use of low interest bonds to create transformational changes in public works infrastructure to address the affects of climate change. She would also support the City using bond money to support the enhancement of street sweeping programs with high efficiency sweepers; this type of investment would help salmon recovery by removing tire dust before it enters the stormwater system and help the City meet upcoming Phase 2 permitting requirements. If undertaken, sweeping should occur throughout the City and not just places with curbs and gutters. She was not supportive of allocating funds based on a 2018 maintenance needs report that has not been reevaluated to account for lessons learned during the pandemic. The City should not look to a future where staff are working the same way they did in 2018. She also did not support undertaking bonds that do not provide a balanced benefit to the City as a whole; the City should identify and evaluate which areas benefit from the work proposed for bond funding. Ms. Seitz continued, Civic Center Park as well as funding the maintenance of buildings that serve a limited geographic area such as Frances Anderson should be balanced with equitable earmarked funds for other areas of the City proportional to population. Otherwise the City is just redistributing wealth using her and others' tax dollars to pay the principal and interest to support the lifestyle of downtown neighborhoods. Every decision is an opportunity to consider equity. She hoped the Council would take Edmonds City Council Approved Minutes August 17, 2021 Page 7 action to ensure that this debt equitably benefitted all areas of the City. With regard to tree code enforcement, she said as the City is considering regulating the maintenance of trees, significant consideration should be given to how it will be enforced, specifically that people do not generally get permits outside of development so there is no inherent mechanism to approach the City and the use of aerial photography to support code enforcement has significant privacy concerns and legal implications and neighbors reporting on neighbors is bad for social cohesion and has disproportional impacts on certain communities. For these and other reasons, she did not believe regulating the maintenance of trees on private property was a good path forward to promote trees on the urban landscape. She hoped the City would abandon the maintenance regulation effort in support of incentivizing trees or considering trees as public infrastructure burden that is shared by all areas of the City. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) 7. APPROVAL OF THE CONSENT AGENDA ITEMS 8. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY , TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF AUGUST 3, 2021 2. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF AUGUST 3, 2021 3. APPROVAL OF COUNCIL MEETING MINUTES OF AUGUST 3, 2021 4. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF AUGUST 10, 2021 5. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 6. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM GAVIN HARDWICK 7. BOARD/COMMISSION CANDIDATE APPOINTMENT CONFIRMATION 8. PFD FINANCIAL PRESENTATION 9. APPROVE CABLE FRANCHISE RENEWALS FOR COMCAST AND ZIPLY 10. CLASSIC CAR SHOW EVENT AGREEMENT 11. JUNE 2021 QUARTERLY FINANCIAL REPORT 12. ORDINANCE AMENDING CHAPTER 5.14 ECC CONTROLLED SUBSTANCES, PARAPHERNALIA, POISONS AND TOXIC FUMES EDMONDS MUNICIPAL COURT REORGANIZATION Judge Whitney Rivera commented she had an opportunity to meet with most Councilmembers individually. This was supposed to be a presentation by a three -person team including HR Director Jessica Neill Hoyson and Court Administrator Uneek Maylor. Ms. Maylor gave her permission to share Edmonds City Council Approved Minutes August 17, 2021 Page 8 that when she picked up her 11-year old son from camp, she learned he has COVID so she is quarantining with him. She will participate tonight via Zoom. Judge Rivera reviewed: • EMC Recent achievements o Remaining open during COVID 19 pandemic and transitioning to a hybrid of remote and in - person proceedings; o Quickly navigating a changing landscape of criminal law and procedure; and o EMC Probation Officer Omar Gamez named the 2021 Probation Officer of the Year by the Washington State Misdemeanant Probation Association • Requests: 1. Create an Assistant Court Administrator position; replace the Clerk position that may be vacated by the individual who becomes the Assistant Court Administrator; 2. Reclassify the Court Administrator; 3. Change the elected judge from 0.75 FTE to 1 FTE; and 4. Add an additional Clerk position to help with the relicensing program and other clerk functions • Photographs o Court during a pandemic o File room turned into jury room o Our amazing court clerks Julie (hired before 2020), Shannon and Tracie (hired in 2020), and Katie (hired recently) o Pre COVID and post COVID work stations for clerks, managing 13 open programs at once o Positive jury surveys • #1: Assistant Court Administrator o EMC is on the only court in Snohomish County that does not an Assistant Court Administrator o An Assistant Court Administrator will provide succession planning, depth, and continuity of government in emergency situations o In order to be in compliance with the State Auditor and Administrative Office of the Courts (AOC) recommendations, need at least two levels to audit and track financial transactions • #2: Reclassify Court Administrator o Change court administrator from NR-14 to NR-20 o Recent movement to change court administrator salary across the State of Washington o If change approved and effective September 1, 2021, cost impact for 2021 is $9,752.16 (0.86% of budget) 0 2022 cost impact is $29,256.48 (2.57% of budget) o Court Administrator Salaries City Low End Salary High End Salary Shoreline* $170,119 $214,589 Kent 126,732 198,456 Tukwila 124,608 162,024 Lynnwood 119,743 171,120 Mountlake Terrace 105,849 149,582 Marysville 104 973 131,703 Des Moines 101,652 124 788 Issaquah 99,867 136,469 Kirkland 98,822 127,536 Bothell 97,281 124,375 Bremerton 94,200 115 008 Edmonds current 93,283 125,008 Puyallup_85,284 109,152 Edmonds City Council Approved Minutes August 17, 2021 Page 9 ■ #3: Change Judge to 1 FTE o Administrative Office of the Courts (AOC) generates a Judicial Needs Estimate (JNE) o JNE based on algorithm based on case filings, hearings held and dispositions o Data taken from the five most recent years of caseload reports o EMC JNE was 1.02 in 2019 and 0.96 in 2020 o The JNE did not include weekend booking reviews or search warrants (average of 102 search warrants per year for last 3 years) o JNE does not include administrative activities, non -case activity, and off -bench case activity o If approved and effective September 1, 2021, cost impact for 2021 is $19,867.54 (1.74% of budget) 0 2022 cost impact is $59,602.62 (5.23% of budget) #4: Relicensing Clerk o Court staff overworked and need additional assistance as we take over additional duties o NR-7 o If approved and effective September 2, 2021, cost impact for 2021 is $23,184.48 (2.03% of budget) 0 2022 cost impact is $69,553.44 Councilmember Distelhorst expressed his appreciation for how the extra position would support the relicensing program. He asked how this could potentially restart community court in the future. Judge Rivera answered it would absolutely help with community court. The contract has been signed for Unified Payments (UP) and the court is in conversations about community court but that takes staff time. New calendars are being added for those things especially a relicensing calendar, which requires when someone gives their name, the clerks pull information regarding what is holding up their driver's license, whether they need to make payments, etc., essentially preparing that calendar for any court action the judge needs to take whether that is reducing fines, pulling them from collections, or setting up a payment plan. The same is true for community court; there is so much coordination between vendors and stakeholders, Ms. Maylor attends every stakeholder meeting, and the court needs staff to support that. Councilmember Distelhorst thanked Judge Rivera for the update regarding the UP program. Judge advised the court is completing an application as part of the Blake fix bill, there was money set aside for courts of limited jurisdiction for therapeutic courts. Applications can be submitted beginning September 7 to secure funds to help prop up community court. She acknowledge Judge Coburn was a miracle worker and did that on a shoestring; she wanted to get funds to support the vendors and people who participate in community court. Councilmember Fraley-Monillas observed if the reorganization was approved as proposed, the total cost for the rest of 2021 would be an increase of $86,000. She asked the increase in 2022. Judge Rivera agreed the cost impact in 2021 was $86,329.98 and if all 4 requests are approved, the cost for 2022 would be $258,989.94. Councilmember Fraley-Monillas commented that was an extremely high amount and budgeting has not even begun for 2022 so there are unknowns regarding where the City will be financially and other asks. She observed the documentation supports the need for an assistant court administrator and it has always been clear that a full-time judge is needed. She recalled the judge was half time when she first joined the Council and was later increased to 0.75. With regard to the relicensing clerk, she suggested hiring a temporary employee to get the Driving With License Suspended stuff updated, as that was a lot of money moving forward. Councilmember Fraley-Monillas recalled Judge Coburn ran a fairly successful community court, and yes it was on shoestring, she was part of the group that worked on it, but she was unsure where the money would come from to support this request. She has expressed her angst to Judge Rivera with spending that level of money, particularly when the 2022 budget is unknown. Judge Rivera said she was doing a needs Edmonds City Council Approved Minutes August 17, 2021 Page 10 assessment for how she felt the court could best serve the community. She understood Councilmember Fraley-Monillas' concerns, but she was trying to ensure the court's employees can serve the community in the best way they can; that was her goal in providing this information. Councilmember Olson thanked Judge Rivera for her patience and for answering her questions. She listened in on the committee meeting and the information has been in the packet twice so she is very familiar with the content of this request. She thanked Judge Rivera and the team and her predecessor for doing so much with such a small amount of money. She observed the $260,000/year impact of this request is a huge amount to swallow and it may not be possible to do it all at once although in her opinion it was warranted based on the comparators. The hardest part of the request for her personally was the assistant court administrator because it seemed like the reason was that a non -union person was needed to do certain things when the court administrator was not there, but it did not seem like there would be many times that the court administrator would not be present in that role. She suggested not funding that position now, but planning for it in 1-2 years, and communicate that to the auditor. She thanked Judge Rivera for the very complete packet. Judge Rivera relayed Councilmember Olson's questions helped provide a more complete packet. She said Ms. Maylor would be able to describe the need for the assistant court administrator; that recommendation came from an issue the court had and was something Judge Coburn had been working with Finance and HR to address underlying concerns associated with not having an assistant court administrator. Councilmember Buckshnis said she did not have a problem with this request because the packet was extremely well done. She asked if Judge Rivera looked at the positions and how poorly the positions are funded. She did not understand the proposal to increase the court administrator 4-5 steps versus 2-3. Judge Rivera agreed it was a big jump to increase the court administrator from NR14 to NR20. In speaking with the court administrator and doing comparisons, that increase got the position closest to the way court administrators are compensated in cities like Lynnwood and Tukwila. If Ms. Maylor had not been here during all transitions, the court would have been a mess, but instead having all new staff was seamless. Councilmember Buckshnis asked if the job descriptions had changed drastically as well. Judge Rivera answered the administrative officer of the courts and another organization developed a model job description for the court administrators as part of the movement to properly compensate them as well as part of an administrative rule passed at the state level about the level of continuing education and professional training she needs to be eligible to keep that position. Councilmember Buckshnis asked if there were plans to do passports again and if so, who would handle that. Judge Rivera answered her understanding was if this request was approved, one of the clerk positions, the additional NR7 position could do passports again although they would need to complete a process to get certified. With the way the court is currently set up, it would be impossible to do passports again. Councilmember Buckshnis commented it is a revenue source that could offset the funding request. She recognized the increased workload, etc. and she supports the proposal. She thanked Judge Rivera for the complete packet and the conversations and texts. Council President Paine expressed appreciation for the discussions regarding this request. She asked for an estimate of the amount spent on overtime in the past year to get all the court clerks up to speed. Ms. Maylor answered there was approximately $18,000 in overtime at the beginning of the year for temps as well as staff. All of the court staff changed other than Julie. She explained to the staff that overtime could not continue or the court would be over budget so some duties are not being done for the public because there are not enough staff hours. Judge Rivera commented on pandemic related cost savings such as interpreters and court security overtime. Council President Paine observed the court has a lot of backlog that needs to be input into the ACO's JNE to continue to document and collect data regarding the work that is being done on the bench as well as in Edmonds City Council Approved Minutes August 17, 2021 Page 11 the clerk's office. She wanted to ensure the court had the right people to do the work which includes the relicensing clerk as well as reassigning an assistant court administrator so the higher level work is being performed with adequate oversight. She observed some of the data that has not been collected over the years is necessary to accurately estimate the court's needs. She expressed her appreciation for compiling the documentation in the packet. She worked in courts for years and although she had not heard it said explicitly, all the data documentation that needs to be done, the other work related to community court and the relicensing program, also reduce jail costs. She acknowledged it was a lot of money but there will be gains in efficiency and community response as well as a reduction in other parts of the budget. Councilmember L. Johnson thanked Judge Rivera for meeting with her to go over each of these items in detail. She asked Judge Rivera to highlight the projected impact to the court, the community and the individual serving in the position if any of the four requests are not approved. Judge Rivera answered employee retention and job satisfaction was one of her first priorities; it is important to retain staff to keep the court functioning and working smoothly. She makes the rulings from the bench but multiple different several steps follow. People who receive an infraction and come to court, it is important that they are heard. She wants to be able to meet the community's needs as quickly and as accurately as possible. The better the court operates, the better the community is in terms of safety and accountability. There has been a backlog in terms of jury trials; a case called Gelinas said the way bench warrants had been issued for decades violated the rules so 700 bench warrants had to be reviewed and the court clerks touched every one of those cases. She put this request together with the focus on ensuring the people of Edmonds feel confident with what is going on in their municipal court. Councilmember K. Johnson said she also had some angst over the size of the request and preferred that it be considered this as part of the 2022 budget process for the positions of judge, court administrator assistant court administrator and court clerk replacing the clerk who will move to the assistant court administrator. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO TABLE THIS REQUEST UNTIL OCTOBER WHEN THE 2022 BUDGET IS PRESENTED TO THE CITY COUNCIL. Mr. Taraday advised no discussion was allowed on a motion to table. UPON ROLL CALL, MOTION FAILED (2-5), COUNCILMEMBERS K. JOHNSON AND FRALEY-MONILLAS VOTING YES; AND COUNCILMEMBERS DISTELHORST, BUCKSHNIS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO ACCEPT THE PACKAGE AS PRESENTED THROUGH 2O21 WITH THE PLANS FOR A BUDGET PROPOSAL TO BE COMING FROM THE COURT FOR THE NEXT YEAR. Councilmember Fraley-Monillas asked how this this will be paid for, from what fund, and potentially what would be cut for 2022 to accommodate this. Finance Director Dave Turley answered Judge Rivera and the HR Director worked on this and have not talked to Finance so consideration has not been given to how it will be integrated it into the 2022 budget. Councilmember Fraley-Monillas asked if it was preliminary to pass a $250,000 budget item when consideration had not been given to where the funding would come from. Councilmember Buckshnis raised a point of order, the motion was to approve $86,000 for 2021 which has nothing to do with 2022. Mayor Nelson ruled point taken. At Councilmember Fraley-Monillas' request, Council President Paine restated the motion: Edmonds City Council Approved Minutes August 17, 2021 Page 12 TO ACCEPT THE PROPOSAL AS PRESENTED TONIGHT FOR 2021 WITH A BUDGET PROPOSAL COMING FROM COURT ADMINISTRATION FOR 2022 GOING THROUGH THE NORMAL PROCESS. Councilmember Fraley-Monillas said she was okay with that and hoped Finance could take a look at it prior to the 2022 budget process. Councilmember Olson commented this was the first time this had come to full Council and she suggested the Council complete deliberations and vote on it next week or the next time it can be put on the agenda. Council President Paine advised it was presented via the committee process, vetted there and now there had been a presentation and discussion tonight. Councilmember K. Johnson raised a point of order, commenting it was not vetted at the committee level. The request to bring it back to committee the following month was bypassed and it was placed on the agenda few weeks ago, but was not discussed because the Council ran out of time at that meeting. These are very important issues and need to be represented truthful. Councilmember Buckshnis expressed her support for the motion due to the complete packet. It first came to the Finance Committee on May 11, came to Council on July 20t' but it was postponed due to the lateness of the meeting and now it is being discussed on August 17'. If there was not such a complete packet, she would have apprehension about it. She acknowledged the Council did not touch it three times, but the packet was very thorough and tonight would have been a third touch if it had been discussed on July 20th. Councilmember Olson clarified the agenda item that was presented at committee was quite different; this is the first time it has been discussed with this packet of information. For something that is such a significant amount of money, there is no downside to waiting an extra week as has been discussed in the Rules of Procedure and that has been more of the Council's typical protocol with regard to how terns are handled. She concluded it warranted waiting to vote until next week. As a motion has already been made, she encouraged Councilmembers to vote no and vote on it next week. Councilmember Fraley-Monillas observed this is a $258,000 perfect packet. It is quite a bit of money to approve based on what is in the packet. She agreed it was a very complete packet, but she was not comfortable moving forward. She pointed out it did not go to the Public Safety, Personnel and Planning Committee who looks at job descriptions. Judge Rivera clarified the topic was not on the May I I' committee meeting agenda; Ms. Maylor was planning for that date and that date was included in one of the packets, but it was not actually on the May 1lth Finance Committee agenda. With regard to job descriptions, GR29 is explicit that job descriptions for the court staff remain in the judicial branch which is why they did not go through a committee. The court has been navigating the separation of powers issue while trying to provide Council as much information as they are used to receiving for these types of requests which has been challenging. She wanted the Council to have all the information they needed to move forward on the request, but also be cognizant of GR29 which does not allow delegation to the executive branch. Councilmember Distelhorst asked whether court costs have come from the General Fund in the past. Mr. Turley answered the Municipal Court has always been paid out of the General Fund. Councilmember Distelhorst observed the General Fund is currently $1.569 million underbudget in 2020 and General Fund revenues are $2.085 over budget. Mr. Turley agreed. Council President Paine said she was at the Council committee meeting covering for an absent Councilmember when the presentation was made. She expressed support for the proposal in 2021 and have it go through the typical budget process in 2022. Edmonds City Council Approved Minutes August 17, 2021 Page 13 Councilmember K. Johnson pointed out if the Council only approves the proposal for this year, it sets the stage for the next year by asking for a 25% salary increase for the judge, a 25% increase for the court administrator, and new assistant court administrator and relicensing clerk positions. She felt it was misleading to approve it for 2021 and then look at it again in October because if the positions are filled in September, it sets the stage and she did not believe those new hires or new salaries could be undone. City Attorney Jeff Taraday answered an elected official's salary cannot be lowered while the elected official is in office; it can be increased. With regard to the other positions, he was not aware of anything that would bind the City Council discretion with regard to lowering the salary of other non -elected judicial officers. He invited the court staff to weigh in if that was incorrect. Councilmember K. Johnson observed the decision the Council makes for September affects the following year. Mr. Taraday answered yes with respect to the judge's salary but not necessarily the other court staff. Councilmember Olson said Councilmember K. Johnson made a good point. When hiring new positions and impacting other positions, there will follow-on impacts for subsequent years which is the reason the annual impact was provided. She agreed the request was warranted and she preferred to phase it in, but it did not sound like other Councilmembers were interested in that. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AMEND TO PUT THIS ON CONSENT FOR NEXT WEEK. Councilmember Olson observed Councilmembers can pull an item from Consent for additional discussion with the Finance Director or if a Councilmember has specific concerns or want to make any changes. She clarified her amendment, voting yes would move the item to the Consent Agenda, but discussion could continue. Councilmember Buckshnis expressed confusion with the amendment. Mr. Taraday was uncertain the last amendment has any effect beyond the main motion because if something does to Consent, by definition it is not finalized and can be pulled and voted down. At the end of the day, the amendment is whether to put it on the Consent Agenda. UPON ROLL CALL, AMENDMENT CARRIED (5-2), COUNCILMEMBERS K. JOHNSON, FRALEY-MONILLAS, BUCKSHNIS, OLSON, AND L. JOHNSON VOTING YES; AND COUNCILMEMBER DISTELHORST AND COUNCIL PRESIDENT PAINE VOTING NO. Councilmember L. Johnson asked Judge Rivera, 1) if she felt the court administrator was underpaid for the work, experience and time put into the position, 2) if she found the .75 FTE adequate to fulfill her role as municipal court judge or what does she feel is actually necessary to complete her role, and 3) what does her role include as far as being on call on weekends, etc. Judge Rivera answered she felt the court administrator was underpaid for the level of skill, subject matter expertise and knowledge. She felt quite passionate about that request in terms of equity, parity and compensating her for the tremendous work she does on behalf of the court. She felt equally passionate in ensuring the other court clerks continue working for the court. With regard to the .75 FTE, she knew what Judge Coburn worked 60 hours/week at a .75. As she was putting this packet together, that was something Ms. Maylor felt strongly about to reflect the work the court does. It is a full-time job; she is on -call 24/7 to take phone calls for warrants and to deal with issues that require immediate attention. If she were to prioritize the four requests, the lowest priority would be the judge position because frankly she will keep doing what she is doing, but it has been a 1.0 JNE in the five year look back. The judge's position is a full-time job and she is on -call all the time, but it is a rewarding job and she wants to ensure she is surrounded by good people who are trying to achieve the same purpose. Edmonds City Council Approved Minutes August 17, 2021 Page 14 Councilmember L. Johnson thanked Judge Rivera for her approach, commenting it was also important to recognize the work being done and to adequately compensate for it. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS DISTELHORST, BUCKSHNIS, OLSON, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBERS K. JOHNSON AND FRALEY-MONILLAS VOTING NO. 2. CONTINUED PUBLIC HEARING ON PRIVATE CODE AMENDMENT TO ECDC SECTION 20.75.045.B, ENTITLED UNIT LOT SUBDIVISION - APPLICABILITY Senior Planner Mike Clugston explained this is a continued public hearing from last month related to the unit lot subdivision (ULS) proposal. He reviewed: • What ULS does o Allows for fee -simple ownership of a unit in a multifamily or mixed -use development o Alternative to condo ownership o Inserts parcel lines around units that have already received design review and building permit approval o Like condos, HOA and CC&Rs are required in ULS for operation and maintenance • Examples of Existing ULS in Edmonds o Hyde Park (212t') ■ 12 attached units in the CG zone ■ Design approved by staff ■ Building permits approved by staff ■ ULS approved by Hearing Examiner ■ ULS added parcel lines around individual units o Brackett's Corner (212'h & 80t') ■ 14 detached units in the RM-2.4 zone ■ Design approved by ADB ■ Building permits approved by staff ■ ULS approved by Hearing Examiner ■ ULS added parcel lines around individual units o Ashwood Court (244') ■ 11 detached units in the RM-2.4 zone ■ Design approved by ADB ■ Building permits approved by staff ■ ULS approved by Hearing Examiner ■ ULS added parcel lines around individual units • What ULS does not do o Does not change density (not an upzone) o Does not change development standards for height, setbacks, lot coverage, etc. o Would not change how buildings are configured in the BD zones: ■ Ground floor dimensions and use ■ Parking ■ Open space ■ Design standards • Proposed ULS o Pine Park ■ 14 attached units in the BD-3 zone ■ Design approved by ADB • Building permits will be approved by staff ■ Developer could file a condo plat at County (no City review) or ULS would have to be approved by Hearing Examiner Edmonds City Council Approved Minutes August 17, 2021 Page 15 ■ If code change is denied, project could still be built Recommendation o Planning Board recommended approval of ULS in the BD Zones o Proposal is consistent with the propose of the ULS code. A_nnlicant Johnathan Kurth, Edmonds, explained when this project first started, his mother-in-law reached out to a Councilmember. She does a lot of volunteering at the farmer's market, museum and garden club and has met many Councilmembers. He is a developer/builder, but his primary goal is to build homes that draw community together. He went to school to study design that helps foster a building reacting with the community. Edmonds is a perfect place for that, people can walk five minutes in any direction and live, work and enjoy the entertainment. When the opportunity arose to work on this project, he reached out to a Councilmember who put him in touch with a planning member and a staff member at the property to discuss what could be done with the property and whether it needed to be another massive building of apartments or condominiums. The planner had an idea of small townhomes with little shops. When he asked if that could be done, the planner said yes, but they would need to be condominiums. His vision was small owner -occupied shops with living space above, small buildings that would be more attainable for buyers. One of the issues was condominiums would be the only way to own one of the units, a shop with live above, a small urban European village type style. Their goal was small shops, not one big retailer with residential above. They care about design and making it attainable. Mr. Kurth displayed a massing diagram of an apartment building that could be built on the site with first floor retail along 5' Avenue and residential above. He displayed another massing diagram with 14 townhouses where the units would be owned from the ground up with an HOA that controls everything. He displayed a conceptual drawing of small shops with the owners living above. He reviewed: ■ Amendment request will not: o Increase density o Change height limits o Change what can currently be built o Change construction standards o Change the need for CC&Rs • Edmonds Village — Townhomes o 614-616 5' Avenue S, Edmonds • Amendment request will o Provide more ownership options o Lower mortgage loan costs o Remove HOA fees o Encourage small owner -occupied retail Augustus Bukowski, Edmonds, said his family lives in the downtown area and have multiple small businesses in the downtown area. He can be found on 3' Avenue if anyone wants to discuss ULS. This is a fantastic project already approved in the BD zone which allows the highest density in Edmonds. One of the reasons he wanted to bring ULS to this project, which only changes the ownership of the unit, is to bring affordability to the area. One of his businesses is lending; home ownership is much more expensive for condos because condos can be withheld from homeownership based on how the HOA is managed, HOA dues add a significant amount for consumers, and interest rates are higher. For example, if one of the properties is sold for $750,000 with a 20% down payment as a condo, the payment with a $250 HOA due would be approximately $3,365/month. If the exact same unit was sold as a ULS, fee simple ownership instead of a condo, the payment would be $3,035/month, $330/month an Edmonds consumer would save by allowing ULS versus condo ownership. Condo construction is more expensive, not due to the quality of construction, but the legal costs of setting up the condo association, financial reserves, etc. Edmonds City Council Approved Minutes August 17, 2021 Page 16 There are also additional bank fees, liability insurance, etc., which increase the cost by approximately 10%. Mr. Bukowski explained if the exact same property is delivered for 10% more, that is $75,000 more the consumer has to pay for the exact same product. If the property costs $75,000 more, that is an additional $375/month a condo owner will pay versus a ULS. This total increase simply to own it as a condo versus a ULS is $700/month; it is almost 20% more expensive to own the exact same unit as a condo versus a fee simple townhome. A homeowner could do a lot with $700/month such as donate it toward the beautification of downtown, parks and community. Not only is it more expensive on a monthly basis, but the down payment would increase by $1500 which represents 20% down on the additional $75,000 cost. This change is important, but not just for them because they will build this project as a condo as the zoning allows and has already been approved. Their project is actually lower density than the zone allows; there are no density limit at all. They want to provide townhomes at a cheaper, more affordable level. Mr. Kurth said as a builder, he would build this at the same standard as the post office project. The requirements are the same however the units are owned. There will be CC&Rs to help manage the building and maintain the character and look. Mayor Nelson opened the public participation portion of the public hearing. Greg Brewer, Edmonds, referred to a model he prepared to help everyone understand the possible ramifications. The current code for this lot compels the developer to use ground floor to a depth of 45 feet for business use. It also requires 5% green or open space. The developer is trying to avoid these requirements by subdividing the lot which will allow him to build business space at a depth of 30 feet, a 33% reduction in business space. It also allows him to forego any green or open space. The space left for business will be about 360 square feet or less, allowing for a foyer, stairs and ADA restroom. ULS would allow for no restrictions on the back parcel with the front two buildings meeting the reduced code requirement. This a slice and dice maneuver to maximize housing, diminish or delete businesses. There are several challenges with this scenario. Up to 40 garbage and recycle bins will be placed on 5' Avenue South on pickup day, an unsightly hazard to pedestrian and cars trying to park. Parking is provided at the bare minimum for backup and drive -by. If built out, the density of the current use will increase dramatically. There are 20 cars minimum 24/7 and untold numbers of delivers to 14 dwellings. He urged the Council to say no to ULS as it would not be a good thing for the downtown core. Just because it has been allowed a handful of times in other parts of the city does not mean it should be allowed in the downtown business district. Just because other cities are doing it doesn't mean Edmonds should do it. At $800,000 to $1.2 million per unit, it does not create affordable housing, only expensive housing at the expense of business space. He describes difficulties with putting out trash bins for pick-up. Paul Gill, Edmonds, said after reading the materials and looking at the model, the public needs more clarity with regard to how the language and terms are being used and sometimes bent to meet the code and the expectations. He provided some examples, relaying his understanding the 15% landscaping barrier between this project and the project to the immediately west will be reduced; the applicant's rationale was the reduced barrier meets the intent because this project is multifamily and the adjacent property is multifamily and the City agreed. The same applicant argued to the ADB about open space, saying the site was zoned commercial and commercial zones don't require open space. He struggled to see where the open space was located on this project, commenting he grew up in a place without open space and the City should not go there. The applicant seems to be arguing that the blacktop space is open space; if that is the case, that should be clear. He understood the applicant favored individual garbage cans but that will result in a medieval shield of at least 28 cans along 5t` the night before and on pickup Edmonds City Council Approved Minutes August 17, 2021 Page 17 day. The units are termed live/work spaces but the public is confused whether that means residential or businesses. The site is on the cusp of the business core, what is done here will set a precedence. Jeff Paulson, Edmonds, said he loves his condo downtown. He suggested checking the applicant's math. He referred to the visual effects of this building, commenting there was no space between each unit to protect cars backing out so an extruded curb or cast -in -place curb would be required 3-4 feet behind the building. Vehicles will be required to do a 3-5 point turn to exit rather than a 1-point turn. In the work he does, they worry about caring for life when constructing things. Looking at the model, it is hard to imaging they are caring for people's lives in this configuration. The two back units are unlikely to see any sunlight, creating mold issues. Another unit will not get light until 10:30 a.m. Issues include vehicles making delivers and their backup alarms, and no through path for fire engines to turn around. Kathy Brewer, Edmonds, commented on how bad this ULS would be for the darling Edmonds community. Her husband spent a lot of time developing the model because he knows having it built will be a big mistake. Plans for the Baskins & Robbins site on 5t' Avenue would contain 14 townhouse units, have no green space and only 366 square feet of storefront designated for business space per unit for only 6 units as required for live/work. The 366 square feet drastically limits the type of business, possibly only a home office. Once built, the townhomes could be used exclusively as housing; the 366 square feet would provide a nice living room right on 5d' Avenue. Requiring no green space; Pine Park would hardly be a park; it would simply be structure and concrete with no vegetation. In addition, there will be 40 unsightly and cumbersome trash and recycle cans with no place to put them other than on the 5' Avenue sidewalk blocking pedestrians and creating a safety hazard and eyesore. The alley is not a viable option as there is no space and the cans would block access. This is a huge problem and absolutely should not be allowed. The developer has a lot to gain so has been aggressive in getting the code changes passed. She watched the May 5, 2021 ADB meeting where he threatens several times to build a large box if he doesn't get his way. At the July 2nd City Council meeting, the staff member tried to sell this major code change, referring to it a simple ask for the developer. This is not simple ask; it is a major ask for a major change that would change a dangerous precedent for more to follow downtown and elsewhere in the City. When the Council votes on Pine Park, she urged them to keep in mind that developers do not have the City's best interest in mind, that is the Council's job. Developers' interest is making money for themselves; in many cases they do not live here and will not have to live with the consequences like the residents of Edmonds will. She urged the Council to vote for what is best for the City, not the developers, and preserve the Edmonds business zone. Michelle Dotsch, Edmonds, President, Alliance for Citizens of Edmonds, explained the ULS code amendment change has been requested by staff and a single private developer of a proposed 14-unit townhouse development at 614/616 5d' Avenue South where there were previously two commercial buildings. This will allow for an increase in housing density where the code language promoted larger commercial uses on the ground floor. The proposed revision to the business district code language from one developer in the 1313-3 zone has never included any detailed consideration of the impacts to one of the larger business and job centers in this small town. If allowed, this code amendment will spread high density townhouse development niche uses in lieu of larger commercial uses to the entire downtown business district areas of BD1-5, five different zones in the small BD commercial district. She questioned the result if these highly profitable, dense townhouse developments were allowed to squeeze out the entire small business core. Dr. Dotsch continued, referring to a presentation given to Verdant on housing by Mountlake Terrace Senior Planner Edith Duttlinger. During her presentation, Ms. Duttlinger she shared that townhouses are the primary development occurring in Mountlake Terrace and stated "townhomes, that is definitely a way to substantially increase density." Removing commercial space to squeeze in more ULS housing units removes the intended language in the BD zone to substantially increase housing density uses instead of Edmonds City Council Approved Minutes August 17, 2021 Page 18 commercial uses and job opportunities. Housing in the BD zones is secondary to businesses; this code amendment will incentivize more developers, including this one, to develop only these currently "hot for profit" dense housing units using ULS as its primary tool. At the end of Ms. Duttlinger's presentation, she gave cautionary advice about townhouse developments, "When the community sees how that manifests itself in the real world, they may be rethinking the design standards for these developments. How it looks is one of the things that is key to any of these more intense developments. That is, how does it look? How does it function? Not just can you build it." She requested the Council deny this piecemeal code amendment and revisit it comprehensively in the future as part of the broader housing policy discussion. It needs a much deeper look than just can you build it. Kim Bayer-Augustavo, Edmonds, an ADB member, said she and another ADB member voted no on this project; the final vote was 3-2. She voted no because she represents many concerned residents who want to protect and preserve the City from becoming another Ballard or Shoreline by actively working to stop changes or amendments to code that will forever the quality of life. We need to increase green and open space, trees and vegetation and decrease the amount of concrete in the City. Open space will be lost if the Council approves the proposed code amendment to allow ULS in the BD zone. Additionally, if the Council approves the code amendment, they will be violating the City Comprehensive Plan. The gem of Puget Sound is a phrase highlighted in the Comprehensive Plan; ULS will not support this description because it allows developers to increase density where there will be more concrete by cheating the system designed to protect open space. This is because developers will get around the 5% requirement of open space by simply subdividing lots. Ms. Bayer-Augustavo continued, once pandoras box is opened to this Seattle applicant to move forward with his plan at the Baskin & Robbins site, it will approve expansion to do the same throughout all the BD zones. If the Council approves this tonight, a transformed downtown Edmonds will quickly result with less open space, higher density, more traffic, less parking and solid two-story buildings everywhere. The second reason the Council needs to delay this vote is approving this amendment now creates a piecemeal approach to managing increased density. The Comprehensive Plan specifically calls out on page 1 to avoid using a piecemeal approach, not to mention legal ramifications as this application process is flawed based on several issues that Ken Reidy pointed out numerous times to staff, Council and Mayor with little to no response. ULS needs to be delayed to ensure it fits within the overarching strategic framework of a revised housing plan. This amendment should not stand alone. She requested the Council do the right thing and vote no. Ken Reidy, Edmonds, said he has sent a lot of time over the years researching the code, trying to figure it out. Everyone knows the code has needed to be updated since at least 2000; it is full of errors, ambiguity, inconsistent references, references to repealed code sections, etc. When he heard about this proposal, he looked at the code trying to find what governs the application for a code text amendment and was unable to find it. He emailed City staff and Mr. Clugston provided him a link to ECDC 20.02.002 which he studied and noticed it clearly would not allow this applicant to submit this application because they either had to be the property owner or have consent of all the property owners. After he made that argument, Mr. Chave said that code section did not apply to this application. He asked Mr. Chave to provide the applicable code section and has still not received it. He urged the Council to ensure there was adopted legislation that allowed this applicant to make this specific application. He has been unable to find it and staff has not provided it. Robin Wright, Edmonds, identified herself as uninformed citizen, relaying she had just heard about this tonight. She relayed her understanding this was not a condominium so there would be no HOA which reduces fees. Without a HOA, she questioned how the property would be maintained. It seems like the shops will be fairly small and she questioned what type of businesses would occupy the spaces. Edmonds City Council Approved Minutes August 17, 2021 Page 19 Cynthia Sjoblom, Edmonds, said the presentation stated no HOA, but later said there would be. Without a HOA there can be a lot of problem because people can do carte blanche. She also recalled there would be no CC&Rs, expressing concern that would allow people to do whatever they want without regard to the rest of the public. Jim Ogonowski, Edmonds, echoed some of the previous comments regarding the piecemeal approach to amending the code. He reiterated the need to create a vision for the City and take a holistic approach toward integrating values related to housing, the environment and other resources that citizens cherish rather than a piecemeal approach. He encouraged the Council to step back, catch their breath, look at this holistically, revisit and update the Comprehensive Plan with values in mind to provide a more cohesive approach to planning growth. Growth is desirable but in a planned manner rather than the ad hoc manner that seems prevalent in the last few years. Hearing no further comment, Mayor Nelson closed the public hearing. Councilmember Fraley-Monillas asked about the ADB report. Mr. Clugston answered the ADB was a separate decision; the ADB approved this project in May. That approval is not part of this proposal; the focus of this amendment is solely whether to add the downtown business zones to the ULS code. The project design was approved by the ADB and it was not appealed. Councilmember Fraley-Monillas asked staff to respond to the comment about fire engines. Mr. Clugston advised that was also a design question. This amendment is whether add the downtown business zones to the ULS code. The project design has already been approved by the ADB. That was something that could possibly be discussed in another forum but the project was approved by the ADB. Councilmember Fraley-Monillas asked if that would also apply to the open space and green space. Mr. Clugston answered yes. Council President Paine observed this has been described as a staff -supported code change, but it was her understanding it had been proposed via an application process. Mr. Clugston answered the developer applied for the code change, but as with any code change from the private sector, it is an iterative process. A developer may propose language, staff considers it relative to the existing code and possibly other changes that could be made at the same time, and discusses it with the Planning Board and City Council. This developer wanted to apply it to the downtown business zones, there are other zones where townhouses could be constructed so to staff it seemed reasonable to include those as well. The Planning Board did not support that and recommended it only for the downtown business zones. When the ULS process was originally adopted in 2017, the exact same process was used; a private applicant proposed code, an iterative discussion followed, and the existing code was developed and approved. Council President Paine observed this would apply to all the BD zones, not just BD3. Clugston answered yes. Council President Paine asked whether this project would have an HOA and/or CC&Rs. Mr. Clugston answered it would definitely have CC&Rs and an HOA just like a condominium association. Councilmember L. Johnson found the insinuation that those who dwell in other than single family homes and that they did not take the same pride in where they live offensive and discriminatory. She understood that this addressed a change in the form of ownership and the potential benefits that come with fee simple ownership. Her question was not specific to this project but to the slide that states ULS will not change how building are classified in the BD and the bullet point regarding ground floor. It seems that having multiple small retail/office spaces could eventually impact how buildings, specifically available retail spaced in the BD-1 zone would be configured. She recalled staff indicated at the original public hearing that there was an average of one ULS a year. Her concern with the potential limitation overall to the BD Edmonds City Council Approved Minutes August 17, 2021 Page 20 zone which lead to her not supporting an overall zoning change. She asked staff to speak to that, the change in how buildings are classified in the BD zone, specifically the ground floor portion. Mr. Clugston responded the ground floor requirements are the same whether this building is owned fee simple via ULS or via a condominium, there is no difference in how the building and the uses within them operate; the code amendment would simply allow a different way to own the townhouse units. Councilmember L. Johnson said there was an implication that there would not be an overall change to buildings, retail, ground floor retail and available uses and that this would not impact the BD zone in the future. She was not sure she agreed with that implication, anticipating it could impact what is available and by allowing multiple very small retail/office spaces, there was nothing to ensure a balance and not losing the potential for valuable retail space in the future. Mr. Bukowski commented as one moved south on 5 h Avenue South, there is a high need for small self- employed businesses like himself. He takes up approximately 350 square feet in an office on 3rd Avenue South where he operates his mortgage and development businesses. There are several other businesses that occupy approximately 300 square feet such as Elegant Gems on 5d' Avenue South, a psychic, a Pilates studio, the froyo place, etc. As rents increase for 2,000-3,000 square foot spaces that cannot be filled, this allows a more affordable alternative where a person can own the space and utilize it for their business without worrying about their rent increasing to the point they can no longer operate in Edmonds' business core. Acting Development Services Director Rob Chave commented the choice of size of commercial space is entirely up to the building owner and/or developer. There is no minimum space requirement in the downtown zones. A lot of the buildings were built during a certain time and were divided in a certain way but that changes over time depending on demand. This proponent has a particular configuration that is allowed in the existing BD zones and nothing in the ULS would affect that if they chose to utilize it. The ULS simply allows fee simple ownership rather than condominium-izing the same spaces. It is simply the choice of the developer/building owner how they want to organize their spaces. Councilmember Distelhorst asked staff to clarify in how many BD zones a similar project could be built under the current code. Mr. Chave answered it was allowed anywhere in the BD zones. The BD zones consistently have a depth requirement for commercial, but there is no requirement for how commercial space is organized within that depth. Councilmember Distelhorst concluded a similar project could be built in any of the BD zones tomorrow as a condominium. Mr. Chave agreed, stating he did not know of a restriction that would prevent that. Councilmember Distelhorst referred to the map on packet page 378, pointing out approximately 60% of the multi -unit areas of downtown currently allow ULS. Mr. Clugston agreed. Councilmember Buckshnis asked who Jacob Young was. Mr. Bukowski answered that was the architect on record. Councilmember Buckshnis asked who the property owner was. Mr. Kurth said that was them. Councilmember Buckshnis asked if there was a signed application. Mr. Chave explained text amendments affect a number of properties so there would never be someone who owned all the affected properties proposing a text amendment; ownership is not part of the application requirement. Councilmember Buckshnis relayed a citizen's question regarding why a SEPA was not done on this project. Mr. Clugston answered SEPA was completed and a DNS was issued on April 28, 2021 and it was not appealed. Councilmember Buckshnis expressed concern with a private person proposing this for one property and then it is suddenly opened up to all the BD zones, especially when other Comprehensive Plan changes are needed. She did not understand how this one development variance morphed into being applicable to all the BD zones. Mr. Clugston said this is the same process that was used in 2017 when the original ULS code was adopted. At that time, staff and Council did not consider applying it to the downtown zones. In Edmonds City Council Approved Minutes August 17, 2021 Page 21 this iteration, this applicant has applied to do that. The Planning Board recommended approval of this legislative code change. Mr. Chave advised there was no other way for the applicant to apply for ULS to apply to their property. Councilmember Buckshnis asked if they could have done a variance. Mr. Chave answered no, this was the only avenue they had to have that type of development available to them. Councilmember Buckshnis asked why it was not considered for only the BD-3 zone instead of all the BD zones. She feared it could potentially change the entire look of the City. Mr. Chave did not agree with that statement and said having it apply to only the BD-3 zone was an option available to the Council. Councilmember Buckshnis said she did not support the proposed amendment at this juncture because she felt updating the Comprehensive Plan was more important and that this was part of the housing strategy. Councilmember Olson said when looking at the map, she would be more open to considering the BD-3 zone only. For example, she had no interest in including the area by the 4' Avenue corridor. Her biggest concern is the 5% open green space; 5% is really nothing to begin with and she did not want to give that up. She was also concerned with having it both ways; if a developer wanted to have multifamily characteristics or considerations granted, they didn't also get to use commercial standards for any part of that project. It was one or the other because projects were thought out that way in code. The code did not anticipate multifamily for one aspect and commercial for another. She anticipated there would be bad results if a project was executed with that bipolar type scenario, noting that has happened in other projects that she has personal knowledge of. Councilmember Olson asked if the 5% open green space was provided on this project. Mr. Clugston answered these are topics that would be better discussed in another forum because that decision has already been made. It may be worthwhile to have a discussion about design standards in the BD zones that were adopted in 2007. For the purpose of this item, the only issue is the ULS code change. Councilmember Olson said she understood what he was saying but the relevance is if it were a condo, it would have 5% open green space. Mr. Chave answered that was not accurate; the 5% open space requirement was adopted in 2006 due to a concern with large buildings that took up half a block and the City Council at the time did not want huge buildings without some sense of space. Townhomes are by their nature much smaller than many of the buildings downtown that cover multiple lots. The Council did not want new building with that bulk without some sense of open space. He could not think of any new buildings that have been built since then where the 5% open space was invoked simply because the buildings have been smaller. The 5% is not a blanket thing, that every building has to have 5% open green space, that is where the 120' width of a building came in; it was aimed at very large bulky buildings and the 5% would help break up the fagade. Councilmember Olson relayed her understanding of Mr. Chave's explanation that it was the outside exterior of the edifice itself and not the size of the unit. Mr. Chave answered yes. He referred to the building where the Caf6 Louvre is downtown that has the cutout; that was the concept envisioned, some type of inset or open space to break up the massing of very large buildings. Councilmember Olson referred to the concern expressed related to trash cans, noting that would occur with either ULS or condo. Mr. Clugston agreed. Mr. Bukowski said that was addressed in design review; the trash cans cannot be located on 5' Avenue. Mr. Kurth said their goal will be to not have trash cans on 5`h Avenue; they are beginning to design the building and that will be worked out during design. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DENY THE PERMIT APPLICATION AS PRESENTED TO ADD UNIT LOT SUBDIVISION TO THE ENTIRE BD DISTRICT. Councilmember Olson suggested the Council not vote on this tonight. This is the second night of the public hearing, the Council heard new things and she would like time to think about it. Edmonds City Council Approved Minutes August 17, 2021 Page 22 Councilmember K. Johnson commented it was not in the Rules and Procedures, but the Council had instituted an informal or formal policy several years ago to not make a decision the night of a public hearing to give citizens an opportunity to weigh in after the public hearing and allow Council to carefully consider what they had heard. She did not support the proposed amendment, but would like to honor Councilmember Olson's request to vote on it at a future meeting. Councilmember Buckshnis echoed Councilmember K. Johnson's suggestion. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO DENY AND PUT IT ON CONSENT NEXT WEEK. Councilmember Buckshnis explained some Councilmembers want to think about this or hear from citizens and moving the denial to the Consent Agenda will address that. Council President Paine pointed out a resolution will need to be prepared and adopted. City Attorney Jeff Mr. Taraday said a resolution would be required for denial and an ordinance for approval. Council President Paine did not support the amendment to put it on the Consent Agenda because the resolution will already be on the Consent Agenda. Councilmember Olson commented this is a very significant process issue. This is a public hearing night and the Council should not be voting. She did not want to vote either yes or no tonight. Councilmember Fraley-Monillas asked if there was a deadline for this decision. Mr. Clugston answered no. He said it seems like there will be denial so it would make sense to make that motion so a resolution could be prepared for next week's Consent Agenda. Speaking to the issue of whether the Council has had enough time to consider this, Council President Paine pointed out this is the second public hearing, Councilmembers have had adequate time to review the project materials, discuss it with the community, do their research and ask questions. She encouraged the Council to consider taking a vote tonight. Councilmember Distelhorst asked if there was an intent to make another motion to apply the proposed amendment to only the 1313-3 zone versus all BD zones. Councilmember Fraley-Monillas commented if that motion was made, she would need more information and would find it difficult to vote on that tonight. UPON ROLL CALL, AMENDMENT FAILED (2-4-1), COUNCILMEMBERS FRALEY- MONILLAS AND BUCKSHNIS VOTING YES; AND COUNCILMEMBERS K. JOHNSON, DISTELHORST, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO, AND COUNCILMEMBER OLSON ABSTAINING. UPON ROLL CALL, MAIN MOTION CARRIED (5-1-1), COUNCILMEMBERS K. JOHNSON, FRALEY-MONILLAS, BUCKSHNIS AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; COUNCILMEMBER DISTELHORST VOTING NO, AND COUNCILMEMBER OLSON ABSTAINING. Mr. Taraday said notwithstanding the passage of the motion, the vote is not final until a resolution is approved. He will prepare the resolution to deny the proposal and it will be on the Consent Agenda. A MOTION WAS MADE BY COUNCILMEMBER L. JOHNSON AND SECONDED TO EXTEND UNTIL 10:30 P.M. Edmonds City Council Approved Minutes August 17, 2021 Page 23 Councilmember Buckshnis expressed concern that Item 9.1 was scheduled for 45 minutes and the motion anticipated it would be concluded in 30 minutes. She has a lot of questions from citizens. Parks, Recreation & Cultural Services Deputy Director Shannon Burley anticipated she could get through it in 30 minutes, leaving time for questions. MOTION CARRIED (5-2), COUNCILMEMBERS FRALEY-MONILLAS AND K. JOHNSON VOTING NO. Mayor Nelson declared a brief recess. 9. NEW BUSINESS 1. HUMAN SERVICES DIVISION UPDATE & SOCIAL WORKER CONTRACT Parks, Recreation & Cultural Services Deputy Director Shannon Burley introduced Parks, Recreation, Cultural Arts & Human, Services Director Angie Feser, Human Services Program Manager Mindy Woods, and Charissa Westergard, Director of Healthcare Integration, Compass Health. Ms. Burley explained they met with Councilmembers in groups of two and three and established priorities for the Human Services Division which was moved into the Parks Department in April. Ms. Burley reviewed: • Human Services Division Priorities - Phase 1 o Social Worker in close connection with the Police Department but NOT how it was historically implemented o Provide more frequent updates to council on the Human Service Division o Support for people in crisis (mental health, substance abuse, domestic violence, etc.) AND separate coordinating services for those not yet in crisis o Housing Preservation & Homelessness Prevention (affordable housing, planning, house sharing, etc.) o Update the Kone Report / make data driven -decisions ■ Human Services Division Priorities - Phase 2 (future) o Grant procurement / department funding o Services for youth (foster child transition, domestic violence education, vocational training) o Increased hours for service coordination (disabled, veterans, food, shelter, resource guides, computer help, etc.) o Potential regional collaboration for 24/7 social worker availability • Human Services Division Update o CARES Funding Recap ■ $1,130,000 - Small business grants to 147 Edmonds -businesses • $580,000 - Housing and Supplementary Relief Program to 387 Edmonds households - $338,563 -Rent - $27,864 - Mortgage - $4,413 - Medical - $32,012 - Utility - $139,255 - Food - $1,625 - Childcare - $1,000 - Other ■ $26,344 - Edmonds Food Bank to support purchase of a refrigerated truck ■ $37,500 - Development and implementation of LEAP (distance learning support program) $265,100 - COVID related city expenditures Edmonds City Council Approved Minutes August 17, 2021 Page 24 o American Rescue Plan Act (ARPA) ■ Household Support - $4,150,000 (up to 40% of Edmonds Median Household Income) ■ General Support - housing, food, medical bills, childcare, internet, etc. - $3,000,000 - Utility Bill Support - $150,000 - Housing Repair Grants - $1,000,000 ■ Business Support - $1,125,000 • Non-profit Organization Support - $500,000 ■ Job Retraining & Reskilling - $600,000 o Program Manager Update ■ Human Services Program Manager - hired April 2020 • Responded and coordinated services for 125+ individuals • Oversees 5 long-term motel vouchers for Edmonds Emergency Shelter program through Snohomish County ■ Coordinated warming shelter in Winter 2021 • Represents Edmonds in numerous regional collaboration efforts ■ Supported creation of Human Services Resource Guide and gap analysis (ongoing) • Supported setup and communications for two City sponsored COVID testing sites, City Sponsored Vaccine Pop-up for BiPoc residents and City Sponsored COVID Vaccine for home bound seniors program • Coordinated mask distribution to low income families • Coordinated cooling and misting station during heat wave Ms. Burley referred to emails Councilmembers received about individuals experiencing homelessness or mental health crises, in particular a person on the Interurban Trail. As of today, that individual was accepted into a long term shelter program. One of the challenges with human services is people may not be ready to accept the options available and/or the reality is the available options aren't great. Ms. Woods was able to work with a local nonprofit to ensure this individual received a long term hotel voucher with wraparound mental health services in a program that will ensure that they are cared for until such time they no longer need additional resources. She thanked Ms. Woods and the Police Department who was instrumental in building a relationship with this individual. In the absent of a social worker, it is Ms. Woods and the Police Department who build relationships. Ms. Burley continued her presentation: o Kone Report Update / Data /Driven Decisions • Kone Consulting Homelessness Study Update - executed contract (within spending authority) - Updated AMI Census Data released in September and December - Report shared with Council in early 2022 • Human Services Needs Assessment and Performance Measurement - Proposal received, under review for 2022 - Included in 2022 budget proposal • Dedicated Social Worker o Social worker will have office space in Parks Department in Frances Anderson Center, proactively reach out to citizens in need and provide support to Edmonds Police Department as they encounter citizens who need support. o Marty Smith Law requires crisis responders to be accompanied when responding to a private home or location, Parks to work in collaboration with new Police Chief to ensure needs are met. o Will pursue grant funding for position once arrangement is established • Compass Health Community Transitions Edmonds City Council Approved Minutes August 17, 2021 Page 25 o Compass Health Community Transitions Program provides social workers to the cities of Lynnwood and Mountlake Terrace and South County Fire o Proactive community engagement, visiting people, providing support and connection to services ■ Seek to engage first time, might be the only time ■ If willing to engage, conduct a needs assessment ■ Start connecting them to resources • Ongoing engagement until they are connected to ongoing resources o Crisis response, if unable to stabilize utilize crisis services through Snohomish County t Recommendation o Approve professional services agreement with Compass Health to provide dedicated Social Worker for remainder of 2021 and 12 months in 2022 (funded by Humans Services budget allocation) Human Services Next Steps o Distribute ARPA funds for housing preservation and homelessness prevention o Complete Human Services office in the Frances Anderson Center o Partner with Snohomish County Domestic Violence Services to offer prevention classes for teens, coaches and parents o Apply for Grant funding for Social Worker & shelter solutions o Develop position description and recruit for division administrative assistant o Utilize data to support priority setting in the future o Better understand support needed for youth (foster children, vocational training, etc.) o Continue to work towards regional collaboration for 24/7 social worker availability Councilmember Fraley-Monillas expressed appreciation for all the work that has been done, nothing this position was approved in December and it is now almost September. It is beginning to be a crisis mode; when she brought this issue up six years ago, there were homeless people but fewer than there are today. Through the Kone report as well as the Police Department, it was clear it was more than just homelessness; there are a lot of co -issues related to mental health, drug addiction, getting people into programs, coordination with the court, etc. She lives within a couple blocks of the person Ms. Burley described and was one of the people who brought the individual water and had conversations with them; it was heartbreaking to see a person living on a park bench for weeks in the heat and rain. She pointed out there are people sleeping at bus stops, at Safeway, etc. and many of them have co -issues such as mental health. She agreed with partnering with Compass Health; she worked with them during her career and they have a very solid reputation. This issue is at a pivotal point where it needs to move forward or it will only get worse. Every Councilmember has received multiple emails from citizens about people in the community who need help. She summarized where Seattle failed in this process was they did not start providing services in the beginning and waited until it overran their city. Councilmember Distelhorst voiced his great appreciation for the work that has been going on, especially over the last 18ish months as well as the advocacy work done in prior years to get the part-time position filled, but especially in the last 18 months and approving the first $100,000, folding in the CARES funding, having this position and the $500,000 that was the Council's #1 budget priority for 2021. It has been a really long journey and so important to finally address the needs in the community. Council President Paine said she spent some time on the Community Transitions website and was impressed with the program and she supported the social worker contract. Because all Councilmembers have been contacted by community members asking for support rather than a referral to law enforcement or Ms. Woods, it will be helpful to have a communication strategy. She concluded this has been an amazing process and she was excited for the City. Edmonds City Council Approved Minutes August 17, 2021 Page 26 Councilmember L. Johnson offered a big thank you to Ms. Feser, Ms. Burley and Ms. Woods for everything they have done to help community members most in need and for not giving up. She suspect much of what they have done is above and beyond and goes unnoticed. This is how the rising challenges and needs of those without housing and have other struggles are addressed. Given the urgency of the work, which the Council is reminded of via daily emails, she fully supported moving forward with a dedicated social worker as soon as possible. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO EXTEND 15 MINUTES TO 10:45 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Buckshnis said she has received a lot of questions that she will forward to staff. The largest question was the contract and how it was defined as behavioral health assistance services; this is basically a social worker. Ms. Westergard answered it will be someone with a bachelor's degree, a BA, BS or BSW, who has behavioral health experience. Councilmember Buckshnis commented she has a psychology degree and there are a variety of psychology degrees someone can get. Councilmember Buckshnis asked why it will not be 24/7 and only 8:30 — 5:00. Ms. Westergard explained it is designed as a care coordination program; the idea is as people are connected to the right services, it will divert crises and mitigate future crises. As a care coordination program, the services they are connecting people to are open during business hours. The intent is not to duplicate what Snohomish County does, they work closely with them when needed. If staff is doing care coordination and crises services, they are not adequately devoting time to either; they cannot carry a caseload and devote enough attention to people in their caseload with regard to care coordinating and needs because they are responding to crises. They respond to crises for people they are already engaged in but it is ineffective to try to do both. Councilmember Buckshnis expressed appreciation for the 125 people Ms. Wood has helped. Councilmember Olson asked if the bachelor's degree would be in social work or social welfare or could it be any bachelor's degree. Ms. Westergard answered the bachelor's degree would need to be in a behavioral health related field. Councilmember Olson said input the Council received was that social work and social welfare are different than psychology in terms of systems awareness and there was a preference for that from someone who was in the know in this field. Ms. Westergard responded they have these programs and a variety of staff with different emphases in their degree. What is important is their skill set rather than their education; as long as they have a foundation related to behavioral health and have the right skill set, they will be able to do the work. It is more about the fit of the person for the position. Councilmember Olson expressed her appreciation for the thought process that went into choosing Compass. Knowing what is happening in other communities and having that overlap will be helpful. Ms. Burley explained by partnering with Compass, the City is partnering with the organization. Although the City will have an individual dedicated social worker, Compass has supervisors with MSW degrees and experience that the social worker can draw on. Partnering with Compass expands the ability to deliver services compared to hiring an individual. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AUTHORIZE THE MAYOR TO SIGN THE COMPASS HEALTH AGREEMENT FOR BEHAVIOR HEALTH ASSISTANCE SERVICES SOCIAL WORKER AS ATTACHED AS ITEM 9.1.B. UPON ROLL CALL, MOTION CARRIED (7-0), COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES. Edmonds City Council Approved Minutes August 17, 2021 Page 27 2. COUNCIL VOTE TO RETURN MEETINGS TO VIRTUAL PLATFORM IN LIEU OF IN - PERSON MEETINGS Council President Paine said she asked to have this on the agenda tonight so the Council can consider whether to return to Zoom only meetings due to the high rate of the delta virus and the lack of ICU beds in the community. The packet includes the Snohomish Health Officer's August 10' directive related to mandatory indoor masking. The packet also includes information on the number of people who are not yet vaccinated and cannot be vaccinated which includes 125,000 people under the age of 12 who are not eligible for vaccination. The Council also heard tonight about a staff member whose child contracted COVID and she now has to quarantine. Before tonight's meeting, Council President Paine said she sent Councilmembers an email with the ICU statistics provided by the Health District via Councilmember Fraley-Monillas. There are 70 COVID hospitalized in -patients; 93% of the ICU airborne isolation beds are full, 81% of ICU non -isolation beds are full, the net ICU occupancy is 86%, and 98% of other airborne isolation beds are full, 89 of 98 beds are full in Snohomish County. She is proposing returning to a virtual platform because not only are people required to wear masks indoors, but she also wanted the public to consider the resources available to the community for any reason if they need hospital care. For the safety of the community and those who are not able to be vaccinated or have not been vaccinated for whatever reason, she proposed the Council consider returning to Zoom only meetings and discuss it again in approximately one month. Councilmember Fraley-Monillas said she was in very frequent contact with the Health District and serves on their Administrative Community so she knows what is going on, particularly in Snohomish County. Every county health officer in the State of Washington signed a letter to the governor requesting that he mandate masks inside, and outside if people are unable to socially distance. That is first step; the next step will be the governor tighten down as he did before. She recommended the Council and everyone in the Council Chambers continue to wear masks as it is unknown who is and is not vaccinated. Now there are discussions about getting a third shot which some people with compromised immune systems have already received. She suggested keeping sharp eyes on this, wearing masks in Council Chambers, and she will keep everyone updated regarding what the governor does next. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, THAT WE RETURN TO ZOOM AND REVIEW AGAIN AT THE SEPTEMBER 28TH MEETING. Councilmember Olson recalled a citizen said it best, this is an essential service and should be one of the very last things that would be taken away by necessity. She agreed everyone should be masking, noting there was great cooperation from residents who were at the meeting today. It has been said by residents that it's harder to ignore people when they are at Council meetings in person. She , shared her own personal experience, she listens carefully and pays a lot attention and cares, but the day where there was an hour and 45 minutes of public comments in Council Chambers, it took her the next day to process mentally and emotionally everything she had heard; people in -person at Council meetings have a greater impact. She was not encouraging people to come in -person to Council meetings when they have reasons why they shouldn't and was encouraging people to wear masks and be responsible for themselves and others when they choose to come in -person. This is a critical part of the government process and she did not think the Council should return to Zoom only meetings unless it was a true necessity. She did not support the motion. Councilmember Buckshnis echoed Councilmember Olson's comments. She did not support the motion and preferred to continue with a hybrid approach. If people feel they are compromised or are not comfortable coming to Council meetings, they can participate via Zoom. She agreed Council meetings Edmonds City Council Approved Minutes August 17, 2021 Page 28 were an essential service and that it adds depth when people speak in person. She recommended the Council continue with a hybrid until more information is provided by the governor. Councilmember Distelhorst said he is ridiculously concerned with how quickly the numbers are going up, 500% in basically 4 weeks, and hospitalizations usually lag cases by about 2 weeks. He wanted to ensure staff, Councilmembers, and other people who come into Council Chambers are aware of all the options they have to participate in City government without potentially putting themselves, their families and children in harm's way. Many families have children who cannot get vaccinated; at the same time those families need to send their kids to school so they can do their jobs. At some point the Council has a fiduciary duty to the public health of the community to ensure staff, Councilmembers and children are safe. He was greatly concerned when 100 people were at a meeting not wearing masks, when there were 160 cases from an outdoor festival including 20 from Snohomish County and there are two very large outdoor festivals in Edmonds this weekend and the following weekend. If the Council stayed in Chambers and maintained a hybrid option, he wanted people to be aware and not feel pressured to come to Council Chambers and to make safe choices for themselves and their families. With the speed at which this new variant travels through the community, it is not just a personal decision, but a community decision. He reiterated cases have increased 500% in 4 weeks; the pandemic has been going on for 70 weeks and there have only been 5 weeks with a higher cases count than this week, making this essentially the height of the pandemic. When new numbers come out next Monday, regardless of the decision the Council makes tonight, he hoped everyone takes a very long look and think about the actions they are taking. There are still at least 10,000 eligible Edmonds residents who are unvaccinated. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO EXTEND FOR 10 MINUTES. MOTION CARRIED UNANIMOUSLY. With regard to the statement that Council meetings are an essential service, Councilmember L. Johnson agreed with that, but pointed out surgeries and other procedures such as cancer treatment and other lifesaving things are being canceled or put on hold because they do not have staff available. Most doctor's appointments are telehealth now; the medical profession has shifted to do things in the safest manner possible, setting an example that the Council should follow. She appreciated that it appeared more audience members were wearing masks, but they and other Councilmembers took their masks off when speaking. When people speak, respiration particles come out which is a potential exposure if a person's mask is not worn the entire time. Everybody has their own story and reasons; she will consider her reasons, her neighbor's reasons, staff's reasons, and everyone's reasons and do the right thing to keep the entire community safe. Councilmember K. Johnson appreciated what citizens have said about returning to in -person meetings. There is a real advantage to seeing people when they are talking because when they are just a voice it is not as easy to make a connection. However, these are very serious times and she also noticed that certain Councilmembers and many members of the public took off their masks when they spoke. There are only two people on the dais who have front facing shields; this is an airborne disease, so one cough or sneeze can spread the virus. She supported the current hybrid model but would also support the Council returning to a Zoom format to protect themselves and the public. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS K. JOHNSON, DISTELHORST, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBERS FRALEY-MONILLAS, BUCKSHNIS AND OLSON VOTING NO. 10. COUNCIL COMMITTEE REPORTS 1. COUNCIL COMMITTEE MINUTES Edmonds City Council Approved Minutes August 17, 2021 Page 29 11. COUNCIL COMMENTS Councilmember Buckshnis requested City Attorney Jeff Taraday provide an opinion about the portal. She offered to share two examples she was provided where it has been misused and could be a liability to the City. She recalled asking Tom Brubaker when he was the acting City attorney when Mr. Taraday on vacation. She felt it was important for the City to provide an opinion because there is a privacy issue. She relayed an instance where someone did it as joke and the person's name became public record and she wanted to remove it. Councilmember Olson announced a Marina Beach cleanup tomorrow from 9-12. Volunteers can register at Reczone.org. She will be looking into process issues as she did not think the Council should vote on nights when public hearings are held. She relayed vaccines are readily available at all pharmacies and at Snohomish Health. She urged the public who not already been vaccinated to consider getting vaccinated. Councilmember K. Johnson relayed her third request of the Council President to add Walkable Main Street to a future agenda for discussion and possible public hearing. Council President Paine commented this was the first time she had heard Councilmember K. Johnson request. She relayed applications are being accepted for the Student Representation position, the deadline is the end of the month. Councilmember Distelhorst urged the public to get vaccinated, wear masks, and think about the decisions they are making for the health of the community. Student Representative Brooks commented decisions add up which is seen with the number of COVID cases. He urged the public to get vaccinated, get a booster if it is recommended, and wear a mask. 12. MAYOR'S COMMENTS Mayor Nelson commented one of the differences with the delta variant is how it is impacting children. There are more children hospitalized than ever before due to COVID and it will only get worse until people get vaccinated. Many of these children do not have the option of being vaccinated because there is not one available for them, including one of his own children. Everyone needs to be extra careful because there are many people who do not have a say because they are not old enough, but are being impacted, hospitalized and dying from COVID. The delta variant is the worse yet and this wave is likely to be the worst one yet. He urged the public to take whatever precautions they can to protect their families and people they spend time with. 13. ADJOURN With no further business, the Council meeting was adjourned at 10:54 p.m. MICHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK Edmonds City Council Approved Minutes August 17, 2021 Page 30 11. COUNCIL COMMENTS Councilmember Buckshnis requested City Attorney Jeff Taraday provide an opinion about the portal. She offered to share two examples she was provided where it has been misused and could be a liability to the City. She recalled asking Tom Brubaker when he was the acting City attorney when Mr. Taraday on vacation. She felt it was important for the City to provide an opinion because there is a privacy issue. She relayed an instance where someone did it as joke and the person's name became public record and she wanted to remove it. Councilmember Olson announced a Marina Beach cleanup tomorrow from 9-12. Volunteers can register at Reczone.org. She will be looking into process issues as she did not think the Council should vote on nights when public hearings are held. She relayed vaccines are readily available at all pharmacies and at Snohomish Health. She urged the public who not already been vaccinated to consider getting vaccinated. Councilmember K. Johnson relayed her third request of the Council President to add Walkable Main Street to a future agenda for discussion and possible public hearing. Council President Paine commented this was the first time she had heard Councilmember K. Johnson request. She relayed applications are being accepted for the Student Representation position, the deadline is the end of the month. Councilmember Distelhorst urged the public to get vaccinated, wear masks, and think about the decisions they are making for the health of the community. Student Representative Brooks commented decisions add up which is seen with the number of COVID cases. He urged the public to get vaccinated, get a booster if it is recommended, and wear a mask. 12. MAYOR'S COMMENTS Mayor Nelson commented one of the differences with the delta variant is how it is impacting children. There are more children hospitalized than ever before due to COVID and it will only get worse until people get vaccinated. Many of these children do not have the option of being vaccinated because there is not one available for them, including one of his own children. Everyone needs to be extra careful because there are many people who do not have a say because they are not old enough, but are being impacted, hospitalized and dying from COVID. The delta variant is the worse yet and this wave is likely to be the worst one yet. He urged the public to take whatever precautions they can to protect their families and people they spend time with. 13. ADJOURN With no further business, the Council meeting was adjourned at 10:54 p.m. MICHAE ELSON, MAYOR C PASS , CITY CLER Edmonds City Council Approved Minutes August 17, 2021 Page 30 Public Comment for 8/17/21 Council Meeting - From: Bill Herzig Sent: Tuesday, August 17, 20219:46 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Unit Lot Subdivision The Citizens of Edmonds DO NOT WANT the entire BD zoning of Edmonds opened up for new types of development. Something that sweeping needs to be done as part of the Comprehensive Plan update. Please do not approve that requested change. Thank you, Bill Herzig From: Paine, Susan <Susan.Paine@edmondswa.gov> Sent: Tuesday, August 17, 20216:03 PM To: votepetso; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Clugston, Michael <Michael.Clugston@edmondswa.gov>; Chave, Rob <Rob.Chave@edmondswa.gov> Subject: Re: Private Code Amendment Hi Lora, I'll forward your request to Mr Clugston. The others are BCC'd. Susan Paine, (she/her) M.P.A. Edmonds City Council, position 6 425-361-8844 From: votepetso Sent: Tuesday, August 17, 20215:56 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Nelson, Michael <Michael.Nelson@edmondswa.gov> Subject: Private Code Amendment Please make me a party of record on this issue. In addition to the concerns set forth below, I believe the City has violated its own code, SEPA, and the GMA in bungling the processing of this supposedly "private" code amendment. By labeling the proposal Edmonds City Council Approved Minutes August 17, 2021 Page 31 as private, but then attempting to broaden it, the City has defeated my right to ongoing and continuous notice and opportunity to participate. Thus, I submit this comment very late in the process, and without a full understanding of the proposal(s). As a resident impacted by any future development or redevelopment under this "private" amendment, whether downtown (or even more so at Firdale Village), I urge you to limit your consideration to the original parcel, if any valid application was even made for any parcel. If you wish to pursue the broader proposal later, do it properly identified as staff proposal broadly applicable throughout the City. No tricks. Lora Petso Other concerns: (1) There is no property owner signature on the application, and way too many unidentified property owners involved. (2) If someone brings a LUPA, would the applicant then need to join all effected property owners in the litigation. What a mess. (3) City minutes suggest that this proposal would facilitate additional "vacant space under housing", and do so in a way most likely to produce "low quality" structures. This is inconsistent with our comprehensive plans and zoning ordinances, and our best interest. (4) Can this proposal result in reduced open space, and if so, when was the SEPA analysis of potential flooding or other environmental impacts from the reduction of open space performed, and how could the public have commented on it? From: Kathy Brewer Sent: Tuesday, August 17, 2021 5:11 PM To: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; LaFave, Carolyn <Carolyn. La Fave@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Continue in -person council meetings To Council Members and Mayor Nelson, I am writing in response to this evening's (August 17th) Agenda Item 9.2: Council vote to return meetings to virtual platform in lieu of in -person meetings. "With the health and safety of all residents in mind, the Council is asked to consider returning to a virtual meeting format instead of in -person in Council Chambers." This is absolutely a bad idea! -- unfair to the citizens of Edmonds to fully participate in our government. There are many crucial issues right now and citizens need to be included and involved. Zoom is inadequate. Edmonds City Council Approved Minutes August 17, 2021 Page 32 Do not use Covid as an excuse. Most of us are vaccinated, we wear masks and socially distance. We currently participate in -person in most all aspects of life and work. We should be allowed to fully participate in -person in our government too. There were no in -person council meetings for 1.5 years and it resulted in a lot of frustration and anger which manifested in the July 27th meeting. If you shut down in -person meetings again while continuing to make city changing decisions, more of this will result. Do the right thing. Be fair to the citizens you represent. Continue Covid protocol and vote to continue in -person meetings. Sincerely, Kathy Brewer From: Joan Bloom Sent: Tuesday, August 17, 20214:09 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Nelson, Michael <Michael.Nelson@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com> Subject: Continued Public Hearing on private code amendment to ECDC Section 20.75.045.6, entitled Unit Lot Subdivision Council, I am writing in regards to: Continued Public Hearing on private code amendment to ECDC Section 20.75.045.13, entitled Unit Lot Subdivision I urge you to unanimously deny this "private code amendment" entitled "Unit Lot Subdivision There are many reasons to deny this amendment. Here are seven of them: (1) There is NO signature on the application. See page 390 in your packet, Property Owner's Authorization. There is NO "Property Owner's" signature. Ken Reidy's comment in response to a Councilmember's question was: "why would any City Council in the history of Edmonds adopt a policy allowing somebody from outside of Edmonds who does not own any property in Edmonds to apply for an amendment to OUR code? That makes no sense. In addition, City staff has decided on its own to try and expand this Code Amendment across the entire BD Zone." Why was this application not considered incomplete, given that no owner of any property affected by the proposed amendment is requesting this amendment? (2) This proposed code amendment would affect property owners in the BD zone. Why have they not been involved or consulted in any way? Edmonds City Council Approved Minutes August 17, 2021 Page 33 The May 4, 2021 City Council Meeting Minutes include the following: "When this application was submitted, staff felt it reasonable to add two more zones where ground floor multi -residential is an option, the Firdale Village Mixed Use Zone and a few parcels in the Office Residential (OR) zone on Sunset." As Ken Reidy has stated, "What staff "feels" is reasonable is irrelevant." (3) Approving Unit Lot Subdivision would allow the developer to sell the units through a "fee simple" arrangement. Councilmember Kristiana Johnson's comment in the May 4, 2021 presentation of this amendment to Council (p. 376 of your packet) was as follows: "She anticipated it would be a challenge to sell those units with the expectation someone living above will want to work downstairs or it will be the homeowner's responsibility to rent out the space. If it were a condominium, that would be the developer's responsibility, but with a ULS, it will be the homeowner's responsibility. That issue was not discussed by the Planning Board and is a key consideration." And Planning Board member Nathan Monroe's comment on p. 382 of your packet: "Board Member Monroe didn't disagree with the comments provided by Board Members Cloutier and Cheung. However, he felt it would be entirely appropriate for the Board Members to consider the potential consequences. They should acknowledge that condominiums are more difficult to build because they come with strings attached and developers can be held responsible for poor quality. These same requirements would not apply to ULS projects. The amendment would make ULS projects easier to build, and they could presumably have worse quality. Even if the quality were the same, there would be no recompense to sue the developer once they are done." (4) The first page of the Comprehensive Plan speaks to avoiding a "piecemeal approach". This is undeniably a "piecemeal approach" to development, and is therefore inconsistent with our Comprehensive Plan. (5) Currently, in the BD zone it is required that the developer retain 5% open space. If this proposed ULS amendment is approved, the 5% open space would no longer apply. Michelle Dotsch commented at the July 27, 2021 Public Hearing on this private ULS code amendment: "The intent of the code is for open green space to be included for any development in the BD zone. "With a project area of 17,160 square feet, 858 square feet of open space is required. However, if a lot line is created, the project would then consist of two lots that are each less than 9,000 square feet. In that case the 5% open space requirement would not apply." (6) Despite the late hour of the first Public Hearing on this proposed private ULS code amendment, SEVEN citizens commented, ALL of them in opposition to this private amendment to our code. Unfortunately, none of these comments are in your packet. There are more reasons, too numerous to list, to oppose this private amendment to our code, but I will end with one final reason. Edmonds City Council Approved Minutes August 17, 2021 Page 34 (7) The Edmonds City Code has needed to be re -written since the year 2000. Many code errors have beerf pointed out to Council, Mayor, City attorney and staff for many years. It would be irresponsible for Council to adopt this code amendment given the numerous code errors that have never been corrected. Again, I urge you to unanimously vote to deny this "private code amendment." Regards, Joan Bloom Former Edmonds City Councilmember Edmonds is a gift. Let's show our appreciation From: Kathy Brewer Sent: Tuesday, August 17, 20212:53 PM To: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Unit Lot Subdivision Baskin -Robbins Site To Council Members, Please vote NO to Pine Park and unit lot subdivision at the Baskin -Robbins site. This will have disastrous consequences to our downtown business district. Allowing fourteen townhomes with minimal business space -- only 400 square feet each per six townhomes -- will take away valuable business space to this property and more to come if it passes. This will set a dangerous precedent in our downtown and elsewhere where residential will dominate at the expense of business. We need business for a healthy, viable city. We also need green space and open space. Pine Park has no green space and the front doors open directly onto the sidewalk with no entryway. Additionally, there is no space for the up to forty trash and recycle cans needed (two each per townhome and two each per "business"). They will be sitting on our Fifth Avenue sidewalk creating an eyesore and safety hazard for everyone. There are so many other problems with this plan! Please do the right and sensible thing for Edmonds and vote NO to protect and preserve our downtown business district! Sincerely, Kathy Brewer From: Ken Reidy Sent: Tuesday, August 17, 20212:24 PM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Nelson, Michael <Michael.Nelson@edmondswa.gov>; Council <Council@edmondswa.gov>; Judge, Edmonds City Council Approved Minutes August 17, 2021 Page 35 Maureen <Maureen.Judge@edmondswa.gov> Subject: Public Comments for the August 17, 2021 City Council Meeting Please contrast the City of Edmonds with the City of Sea Tac. The City Council for the City of Sea Tac has provided the following Written Public Comment opportunities: Submit Written Public Comment on any topic or Public Hearing Comment as applicable: -Submit Email/Text comments by 4 p.m. the day of the meeting to the following email: Public Comments on any topic: PublicComment@seatacwa.gov Public Hearing Comments, as applicable: PublicHearingComment@seatacawa.gnv -Written comments on any topic will be provided to the City Council and mentioned by name and subject during the meeting. -Written Public Hearing Comments will be read into the record, up to 5 minutes in length. -Written comments will be placed on the City's website for viewing after the meeting. -Public comments submitted to an email address other than the ones provided above, or after the deadline, will not be included as part of the record. Why does Edmonds City Government fall so far short of what the City of Sea Tac has done as it relates to Written Public Comment? Especially when better treatment has been requested for months and months. Remember when I provided you another example - the City of Anacortes use of e-comments. As documented in my Public Comment for July 14, 2020 City Council Meeting: The Governor's proclamation states that meetings must provide the ability for all persons attending to hear each other at the same time. Why hasn't Edmonds City Council made a greater effort to see that Written Public Comments are heard? Thank you. From: Jason Rowsell Sent: Tuesday, August 17, 2021 12:35 PM To: kmills@snopac911.us; Dave.Somers@co.snohomish.wa.us; Adam.Fortney@snoco.org; HeraldNet News Tips <newstips@heraldnet.com>; Cassie Franklin <CFranklin@everettwa.gov> Cc: Emily.Langlie@usdoj.gov; Seattle.fbi@ic.fbi.gov; Lee, Tara (GOV) <Tara.Lee@gov.wa.gov>; Engineering <Engineering@edmondswa.gov>; contact.council@snoco.org; john.batiste@wsp.wa.gov; Edmonds City Council Approved Minutes August 17, 2021 Page 36 OPS mailbox <opsmail@wsp.wa.gov>; investigate@kiro7.com;'investigate@kirotv.com' <investigate@kirotv.com>; Nick Harper <NHarper@everettwa.gov>; council@kingcounty.gov Subject: Poorly Trained Snoco PSAP employees causing public safety problems in South County Hello, Below is the unincorporated Everett address that most of your employees usually incorrectly dispatch calls for to Edmonds (i.e. wrong Hampton Court). 115 124th St SE Everett, WA 98208 This address has a long complex history of issues that most of the jerks on council want to sweep under the carpet. Have fun trying to do that now (hint: you may want to do a "brown bag" for county employees and teach them what a FIPS CDP and LAT/LON cords. are). Maybe since County Council has caused this problem, they should own it and fix it like adults (for a change), instead of trying to shift the blame elsewhere (in their typical fasion)? Jason From: Kim Bayer Sent: Tuesday, August 17, 20219:11 AM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com>; Nelson, Michael <Michael.Nelson@edmondswa.gov>; Council <Council@edmondswa.gov> Subject: City Council In -Person Meetings Dear City Council and Mayor Nelson, I'm writing to request you do not go back into hiding behind a zoom wall and allow our rights as citizens to attend and participate in our City Council meetings in -person. There is so much pent up angst and frustration with our city government because decisions are being made without our ability to properly voice our support or concern. If you can't see someone speak, because they are not allowed to be seen on screen, this puts citizens, the ones you were elected to serve, at a complete disadvantage. It also prevents us from knowing who is calling on who to speak during public comments. Holding only zoom meetings will continue to erode community trust and raise even higher level of concern over the further lack of transparency. After attending several zoom meetings during COVID, it appears it is up to the mayor to decide who speaks and who doesn't. We know it is very easy to stack the deck with supporters of an agenda the mayor and certain board members may want to approve, by allowing them to speak first before the Edmonds City Council Approved Minutes August 17, 2021 Page 37 agenda item comes to a close. This happened on zoom during the first public hearing of the CHC policies. City Council members, the meeting tonight (8/17) is your opportunity to begin to build back the trust that has been lost. Don't use COVID as the excuse to silence citizen engagement. Ask for proof of vaccination, mandatory masks and social distance but, don't shut us out. Zoom meetings are not effective and are not fair to tax -paying residents who have a legal right to properly address the council face to face. Do the right thing, Kim Kim Bayer-Augustavo From: Ken Reidy Sent: Tuesday, August 17, 20217:00 AM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Taraday, Jeff <jeff@lighthouse lawgroup.com>; Nelson, Michael <Michael.Nelson@edmondswa.gov>; Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov>; Chave, Rob <Rob.Chave@edmondswa.gov>; Clugston, Michael <Michael.Clugston@edmondswa.gov> Subject: Public Comments for the August 17, 2021 Continued Public Hearing regarding private code amendment to ECDC Section 20.75.045.13, entitled Unit Lot Subdivision For weeks, I have been trying to find the City Code that governs the Development Code Amendment process documented on City of Edmonds Handout #1323. City Employee Mike Clugston represented: "Type V legislative decisions are described in ECDC 20.01 and application requirements in 20.02.002." City Employee Rob Chave claims this is not true and that there is no limitation on who can apply since Text Amendments are not Development Project Permit Applications governed by ECDC 20.02. Chave claims that an applicant does not need to have an ownership interest in all affected properties. Why the inconsistency? If so, where is the City Code that proves an Edmonds City Council adopted this policy? I no longer have time to prepare for tonight's continued Public Hearing. I am still unable to find the City Code that governs this process. Handout #P23 titled Development Code Amendment clearly states near the bottom of the page: This information should not be used as a substitute for City codes and regulations. Where are the City codes and regulations? It has been easy to find this for other Cities and all the ones I have found limit WHO can make this type of application. One city, Spokane Valley, has detailed city codes and regulations for this type of application. Edmonds City Council Approved Minutes August 17, 2021 Page 38 Spokane Valley's Code includes the following: Transmittal to the State of Washington. At least 60 days prior to final action being taken by the city council, Commerce shall be provided with a copy of the amendments in order to initiate the 60-day comment period. No later than 10 days after adoption of the proposal, a copy of the final decision shall be forwarded to Commerce. (Ord. 16-018 § 6 (Att. 8), 2016). Edmonds plans under the Growth Management Act. Are we required to notify the Washington State Department of Commerce when adopting or amending our development regulations? Please require City Staff to provide the City codes and regulations that governs this application for a Code Text Amendment. Please also determine if the City of Edmonds is subject to the 60-day notification requirement documented in the Spokane Valley City Code. Finally, the last thing we want is for our City Staff to try and expand Piecemeal Code Amendments over a broader area of the City. I hope the 2021 City Council will immediately adopt legislation preventing City Staff from attempting to expand code text amendments beyond the property address the application relates to. Thank you. From: HELEN HALL Sent: Sunday, August 15, 20214:07 PM To: Council <Council@edmondswa.gov> Subject: Agenda Item: Virtual Council Meetings vs In -Person Council Meetings There are many important issues coming before the Council and the Citizens of Edmonds need to have open meetings to be involved in those issues. In -person meetings should continue if issues impacting our community are to be brought to the table. Recently you heard from the citizens through public comments at in -person meetings. It is very clear we expect to be part of the solution and decision -making in important issues affecting Edmonds. The people have a right to be heard and to get involved in issues that impact their monetary investments in property/homes, daily life, and future taxes. I understand any concern you may have regarding COVID-19. However, if the Council decides to go to virtual meeting, the important issues of the day (e.g.,Housing and zoning proposals) should be put "on Hold" until in -person meetings resume. The Housing and Zoning proposals should not be rushed and there is no reason to rush them through. A slow process that considers the wishes and needs of the community is the logical approach. Do not exclude the Voters of this town from being directly involved in creating the future of our community. cc: ubliccomment edmondswa. ov Edmonds City Council Approved Minutes August 17, 2021 Page 39 From: Dick McManus Sent: Friday, August 13, 2021 1:51 PM Subject: Re: Retail sales of fireworks banned! In June 1967 President Johnson planned to nuke Cairo and came very close to doing so. By 1954, CIA boss James Jesus Angleton was the only person authorized to talk to Israeli intelligence MOSSAD. He began helping Israel build its atomic bomb. In 1978, John Hadden, a former colleague of Angleton, presented evidence as to how Israel stole nuclear material from the United States government on Angleton's watch. Angleton had regular professional and personal contact with at least six men aware of Israel's secret plan to build a bomb. From Asher Ben-Natan to Amos de Shalit to Isser Harel to Meir Amit to Moshe Dayan to Yval Ne'eman, his friends were involved in the building of Israel's nuclear arsenal. If he learned anything of the secret program at Dimona, he reported very little of it. If he didn't ask questions about Israel's actions, he wasn't doing his job. Instead of supporting U.S. nuclear security policy, he ignored it. Angleton thought collaboration with the Israeli intelligence services was more important. And the results proved his point, he believed. When Angleton started as chief of the Counterintelligence Staff in 1954, the state of Israel and its leaders were regarded warily in Washington. The failure of the U.S. nonproliferation policy to prevent the introduction of nuclear weapons to the Middle East in the 1960s is part of Angleton's legacy. A friend of Angleton, Meir Amit was the head of Israel's Mossad. Amit said, "He was the biggest Zionist of the lot." In February 1976 the CIA briefed senior staff at the Nuclear Regulatory Commission (NRC) about the matter, stating that the CIA believed the missing highly enriched uranium went to Israel. The NRC informed the White House, leading to President-elect Carter being briefed about the investigation. Carter asked for an assessment by his National Security Advisor, whose staff concluded "The CIA case is persuasive. Israel received 206 pounds (93 kg) or more of highly enriched uranium from NUMEC in the suburbs of Pittsburgh, Pennsylvania. Author Joan Mellen writes that during the 1960's "Angleton handled the Israeli desk for CIA and she believes it was Angleton who would view Israel's instigation of the Six Day War as necessary to protect Israel's nuclear reactor at Dimona. Mellen uncovered the fact that it was Angelton who "sabotaged John F. Kennedy's policy to send international inspectors to Dimona, where false walls were erected, elevators hidden, and dummy installations built to conceal evidence of the nuclear weapons program. She also writes that Angleton went to President Eisenhower requesting permission to assassinate Abdel Nasser. Nasser was one of the two principal leaders, spanning Nasser's presidency of Egypt from 1956, to his death in 1970. (Source: Blood in the Water by Joan Mellen) httj)s://spartacus- educational.com/JFKmellenl.htrn Great Britain and France were still the predominant Western powers in the region, yet a nationalist anti - colonial wind was blowing, especially in Egypt. Eisenhower wanted the Arabs to stand with Washington against Moscow, he'd have to get on their good side. Eisenhower was in a tough spot, though, since America's traditional allies were still colonial powers. Britain and France had drawn most of the Middle East's borders Nasser was fast becoming a leader in region -wide Arab politics, and Eisenhower wanted what remained of the British Empire out of Egypt entirely. Edmonds City Council Approved Minutes August 17, 2021 Page 40 Nasser put up a front by alleging he wanted US military aid and help in training his military, but instead he was getting arms and help from the USSR. Having done such a good job pretending to be pro - American, Nasser was given a world -class radio broadcasting network that allowed him to speak to the entire Arab world. Nasser used it to broadcast virulently anti-American propaganda. Nasser was the first revolutionary leader in the postwar Middle East to call for removing monarchs. Suddenly the Hashemite monarchy in Iraq and Jordan found themselves sitting atop a volcano of popular unrest. https:/Iiournals.sagepub.com/doi/full/10.1177/215824-4016667449 Ephraim Evron, the Minister of the Israeli Embassy in Washington in 1967, served with Israel's Ambassador to the US, Avraham Harman and he view Johnson as a hero. President Johnson frequently invited Evron to his Texas ranch. Several Zionists, namely Arthur and Mathilde Krim, Arthur Goldberg, the Rostow brothers, Abe Feinberg has access to Johnson. Evron and Harman, Harry McPherson, Special Counsel in the White House, served as a link between Johnson and the country's Jewish population and represented their interests. Evron greatly admired Johnson and regarded him as the greatest thing that had ever happened to America for the "social revolution" that Johnson was "going to achieve." He believed that Johnson, Israel's best friend, would never do anything that would hurt Israel. Johnson's affection for Jews and Israel had more to do with their votes and financial support than sentimentality or principles. The very generous US Jewish community, amounting to 5.5 million, supported Johnson's divisive Vietnam policies. John Hadden was urgently summoned to meet with Mossad Director Meir Amit on May 25, 1967. Hadden was serving in Tel Aviv as CIA's chief of station. Meir Amit simply went around Hadden and obtained what he later characterized as a "flickering green light" from the LBJ administration to attack Egypt. https.Horiginal.antiwar.com/smith-grant/2014/06/23/death-of-the-masked-men/ So pervasive was the influence of Israel's supporters during Johnson's tenure that CIA Director Richard Helms believed there was no important US secret affecting Israel that the Israeli government did not know about in this period. The Johnson administration's supporters of Israel included McGeorge Bundy, Clark Clifford, Arthur Goldberg, Harry McPherson, John Roche, the Rostow brothers, Walt and Eugene, and Ben Wattenberg. Beyond the administration's supporters of Israel, one of Johnson's closest informal advisers was Supreme Court Justice Abe Fortas, another warm friend of Israel's. Two of Johnson's closest outside advisers were Abraham Feinberg and Arthur B. Krim, both strong supporters of Israel. John P. Roche, an avid supporter of Israel, wrote Johnson's speech regarding the Straits of Tiran, which he delivered in May 1967. Johnson promised continued support and help in re -opening the Straits of Tiran, previously closed to Israel by Egypt. Israel had a port to the Gulf of Aqaba. In June 1, 1967, when he returned with his "friend" Mathilde Krim who remained at the White House with Johnson for the next week. When his aides informed him of the beginning of the war on the morning of June 5, Johnson revealed this information to Mathilde Krim. Official records indicate that Mathilde passed documents from Israel directly to Johnson over the duration of the crisis. Johnson did not meet with his advisors, except Walt Rostow, or any Israeli or Arab officials during the duration of the very short war; he knew exactly what was going on with the Israelis due to his intimate relationship with Mathilde Krim. On May 23, 1967, Deputy Secretary of Defense, Cyrus R. Vance instructed, Captain William L. McGonagle, of the USS Liberty, to head for the eastern Mediterranean. Admiral John S. McCain, Jr. was Edmonds City Council Approved Minutes August 17, 2021 Page 41 the Commander -in -Chief of the US Navy in Europe. He was responsible for the special operations being done by the USS Liberty. Frank Raven, the G Group Chief resisted such a risky move, "The ship will be defenseless out there if war breaks out. Admiral David L. McDonald was not told this ship had been ordered by Cyrus Vance. James Ennes, a member of the Liberty's crew, said the ship's mission was not to spy on the Israelis or the British, but rather to intercept communications confirming Soviet pilots were flying Egypt's air force fleet of Soviet -built Tu-95 bombers. Among all of the papers about the Liberty there is one dated April 10, 1967 stamped — SECRET— EYES ONLY. That document was "sanitized" in December 1988. It was apparently the minutes from a meeting on April 7, 1967 that included Walt Rostow (National Security Advisor), Ambassador Foy Kohler (Deputy Under Secretary of State), Cyrus Vance (Deputy Secretary of Defense), and Admiral Rufus Taylor (CIA Deputy Chief). These guys formed the "303 Committee" which recommended covert operation to President Johnson. This mission was labeled, "Frontlet 615." It was furthered defined as, "A secret political agreement in 1966 by which Israel and the US had vowed to destroy Abdel) Nasser. The military name for the operation was "Operation Cyanide." An event specifically designed to create a limited nuclear war by blaming the sinking the US signals intelligence spy ship, the USS Liberty on the USSR or Egypt. After which US Navy A-4 Skyhawk jets would be ordered to fire precision guided air -to -ground missiles armed with a 1.8 mega ton warhead in an attempt to kill Nasser in Cairo. The blast from each of these atom bombs would have flatten everything in a radius of four to six miles and burnt up everything in a radius of seven to 14 miles. This attempted US preventive nuclear war would have likely cause the Soviets to retaliate in kind. This is an example of how much even in 1967 that the US worried about the continuation of the supply of oil and natural gas being imported from the Middle East. (Source: Blood in the Water: How the US and Israel Conspired in the Ambush of the USS Liberty by Joan Mellen. https:llnationalvanguard.orp120151041the-most-incredible-story-never-told-Ibis-order-to-destroy-the- uss-libert The nuclear -powered submarine USS Andrew Jackson sailed into the Mediterranean Sea under the USS Liberty. Sailing under a surface ship is one way for a submarine to avoid detection. This was carrying 16 Polaris A-2 nuclear ballistic missiles. David G. Nes the charge d'affaires and the acting ambassador at the US Embassy in Cairo was warned to expect an imminent bombing attack on Cairo by US planes. At once, Nes ordered the destruction of sensitive documents. There were 500 to 600 Americans resident in Cairo. On June 4, 1967 the Cabinet authorized the Prime Minister and the Minister of Defense to decide on pre-emptive strike against Egypt. Mordechai Bentov, a member of Israel's coalition cabinet during the war, said, "All this story about the danger of extermination has been a complete invention and has been blown up a posteriori to justify the annexation of new Arab territories." Edmonds City Council Approved Minutes August 17, 2021 Page 42 In 1982 Menachem Begin, then Israel's Prime Minister, admitted, "The Egyptian army concentrations in the Sinai approaches do (did) not prove that Nasser was really about to attack us. We must be honest with ourselves. We decided to attack him. On June 5, 1967 Israel launched a series of airstrikes against Egyptian airfields. Nearly the entire Egyptian Air Force was destroyed with few Israeli losses, giving Israel the advantage of air supremacy. Simultaneously, Israeli forces launched a ground offensive into the Egyptian -occupied Gaza Strip and the Sinai Peninsula. The Egyptians Army was also caught by surprise. By evening of June 5th, the Jordanian Air Force was also largely destroyed and by the second day, two thirds of Syria's air force had been destroyed. The Israelis continued to pursue and inflict heavy losses on the retreating Egyptian forces, and conquered the entire Sinai Peninsula. Western media portrayed the conflict as a defensive war of survival. Egyptian, Syrian and Jordanian militaries, suffered over 20,000 troops killed while Israel lost fewer than 1,000 of its own troops. Melvin A. Goodman, as a junior analyst at the CIA, helped draft a report that described Israel's attack against Egypt on the morning of June 5, 1967. There were sensitive communications intercepts that documented Israeli preparations for an attack, and no evidence of an Egyptian battle plan. The Israelis had been clamoring about indications of Egyptian preparations for an invasion, but Goodman said the CIA had no sign of Egyptian readiness in terms of its air or armored power. Egypt was judged to be unlikely to start a war with Israel while half of its army was tied down fighting in a civil war in Yemen. The CIA had the benefit of satellite photography that showed Egyptian planes parked on airfields wingtip-to-wingtip, which pointed to no plan to attack. So the Israelis easily destroyed more than 200 Egyptian planes on the ground. (Source: A Whistleblower at the CIA by Melvin A. Goodman) CIA officer Haviland Smith, who was stationed in Beirut during the Six -Day War, says he was told that the transcripts were "deep-sixed," because the US government did not want to embarrass Israel. The National Security Agency destroyed voice tapes seen by many intelligence analysts, showing that the Israelis knew exactly what they were doing. Ambassador Michael Hadow, a British expert on Israel and the Middle East, sent a telegram to the British Foreign Office, "It looks as if the Israelis started it. We have been led up the garden path." Jordan had entered into a defense pact with Egypt a week before the war began. Yitzhak Rabin, former Chief of Staff and then Ambassador to the United States, said, "I do not believe that Nasser wanted war ... The two divisions he sent into Sinai on May 14 would not have been enough to unleash an offensive against Israel." Rabin recognized that any country with good intelligence, like Israel, could ascertain that Egypt had no plans to wage war against Israel. The Israeli air force attack on USS Liberty commenced at 2:00 p.m. Israel time on June 8, 1967. The USS Liberty was 13 miles off the coast of Gaza and moving slowly at five knots. Israeli fighter aircraft attack with rockets, cannon fire, and napalm. After the Israeli fighter aircraft completed their attacks, three Israeli torpedo boats and attacked. The Israelis were well aware that the USS Liberty was a well -marked US signals intelligence spy ship. 34 Americans were killed and 171 wounding. Edmonds City Council Approved Minutes August 17, 2021 Page 43 A Liberty radioman Richard Sturman said Israel fighter jets were jamming five radio frequencies being used by the Liberty, and the international distress frequency, used for Mayday messages. The Israeli jamming capabilities did not work when they were engaged bombing the ship, and so the crew had windows of a few seconds of opportunity in between strikes to send out a message. The Israeli fighter jets attack the Liberty's radio antennas; the crew of the Liberty was able to jerry rig a wire antenna. The radio jamming is by itself damning evidence that the assailants knew exactly whom they were attacking. Such jamming requires intimate advance knowledge of the target being jammed, obtained by extended monitoring of its signals. And this was selective jamming; it struck Liberty's frequencies and no others. But the attack continued for sixty six minutes after the first Mayday signal was received. Radio operators in Spain, Lebanon, Germany, and aboard the ship itself all heard the pilots reporting to their headquarters in Israel that this was an American ship. They attacked anyway. And when the ship failed to sink, the Israeli government concocted an elaborate story to cover the crime. The pilot's protests were heard by (US signal intelligence-SIGINT) radio monitors at the US Embassy in Lebanon. US Ambassador to Lebanon Dwight Porter has confirmed this. [4] The following exchanges are excerpts of testimony from US military and diplomatic officials given to Alison Weir, author of American Media Miss the Boat: Israeli pilot to ground control: "This is an American ship. Do you still want us to attack?" Ground control: "Yes, follow orders." Pilot: But sir, it's an American ship — I can see the flag!" Ground control: "Never mind; hit it!" Fifteen years after the attack, an Israeli pilot approached Liberty survivors. He then held extensive interviews with former Congressman Paul N. (Pete) McCloskey about his role. According to this senior Israeli lead pilot, he recognized the Liberty as American immediately, so informed his headquarters, and was told to ignore the American flag and continue his attack. He refused to do so and returned to base, where he was arrested. Years later, a dual -citizen Israeli major told survivors that he was in an Israeli war room where he heard that pilot's radio report. The attacking pilots and everyone in the Israeli war room knew that they were attacking an American ship, the Major said. He recanted the statement only after he received threatening phone calls from Israel. [4] 1 was unable to find the name of this senior Israeli lead pilot. According to James Bamford, author of the book, Body of Secrets -- the US National Security Agency (NSA) a US Air Force C-130 SIGINT aircraft and a US Navy EC-121M SIGINT aircraft flying nearby the USS Liberty. The Bamford quotes by name a Hebrew -English translator on that US plane as saying the Israeli pilots talked about completing an attack. He said "they mentioned an American flag" -- suggesting the Israelis knew they were attacking a US ship. Edmonds City Council Approved Minutes August 17, 2021 Page 44 Bamford's other named sources include a former top NSA official who conducted a review of the attack and an Air Force major general. Bamford writes that NSA intercepts of the Israeli pilots and sailors remain secret to this day, although his sources say the communications would clearly show the Israelis attacked the US ship deliberately. A US linguist that was in one of these NSA airplanes says he heard comments about the US flag in Hewbrew from both the fighter pilots and the crew of the torpedo boats. James Bamford said he was able to locate this linguist and interviewed him/her. -- Lieutenant General Marshall S. Carter, director of the National Security Agency at the time: There was no other answer than it was deliberate." -- Major General John Morrison, NSA deputy director of Operations at the time: "Nobody believes that explanation. The only conjecture that we ever made that made any near sense is that the Israelis did not want us to intercept their communications at that time." -- Walter Deeley, the senior NSA official who conducted an internal NSA investigation of the incident: "There is no way that they didn't know that the Liberty was American." https://fas.or spp/eprint/bamford.html A radioman on USS Saratoga heard the message that the Liberty was being attack by unidentified fighter jets. This Mayday message was also received and acknowledged by two US embassies in the region. Captain Joseph Tully of the USS Saratoga checked with his navigation officer, Max K. Morris, and was told they were 15 to 20 minutes flight time from the USS Liberty and could be of immediate assistance. It only was then that he personally called Adm. Martin via the primary tactical radio circuit and said he planned to launch his "Red Strike Group," but Martin was busy recalling the four nuclear - armed planes he and Capt. Engen secretly had dispatched to Cairo, and so it only was the USS Saratoga and not the USS America that answered the first SOS by sending jet planes to defend Liberty. Capt. Tully launched 12 fighter bombers and four tanker planes --immediately and without authorization. Moments later, Tully was ordered to recall his planes. The USS Saratoga launched jets, telling the pilots were to remain over international waters and defend themselves if attacked. Their orders were very specific: "You are authorized to use force, including destruction as necessary, to control the situation. Do not use more force than required. Do not pursue any unit toward land. Do not fly between Liberty and shoreline except as required." The Soviets knew what was going because they had submarines close by and may have also intercepted the Mayday message or possibly observed the Liberty being attacked. A Soviet Destroyer 626/4 came to the aid of the Liberty in the aftermath of the attack and stuck by her until US forces were allowed to approach about seventeen hours later and helicopter the wounded to the other US ships. It has been reported that the American submarine, USS Amberjack, was standing by to sink the Liberty. The presence of 626/4 prevented this from happening. https://sites.google.com/site/onedemocraticstatesite/archives/uss-liberty-Operation- cyanide Edmonds City Council Approved Minutes August 17, 2021 Page 45 Ted Phil, chief of staff to Rear Admiral Lawrence R. Geis, said there is confirmation that the nuclear weapons were on deck being loaded. Captain Don Engen was commander of the USS America, a new aircraft carrier. He launched two planes that carried "nuclear -tipped weapons toward Cairo. The bombing of Cairo was called off only three minutes before the nuclear bomb would have been dropped. US Air Force Captain Richard L. Block said he was told by a friend who had served on the USS America said he heard Capt. Engen say, "I sent jet aircraft with nuclear weapons to Cairo." A few months later, back in Washington, David G. Nes the acting ambassador at the US Embassy in Cairo gave a talk at the National War College. Author Joan Mellen sat next to Nes at lunch, and she said Nes confirmed the US launching of aircraft, the original mission being targets in Egypt. Ted Phil, chief of staff to Rear Adm. Lawrence R. Geis, says there is confirmation that the nuclear weapons were on deck being loaded. Capt. Engen launched "ready" aircraft toward Cairo, two planes that carried "nuclear -tipped weapons." Captain Joseph Tully of the USS Saratoga checked with his navigation officer, Max K. Morris, and was told they were 15 to 20 minutes flight time from the USS Liberty and could be of immediate assistance. It only was then that he personally called Vice Admiral William Martin via the primary tactical radio circuit. But Martin was busy recalling the four nuclear -armed planes he and Captain Engen secretly had dispatched to Cairo. Capt. Tully launched 12 fighter bombers and four tanker planes --immediately and without authorization. His orders to the pilots was to remain over international waters and defend themselves if attacked. Their orders were very specific: "You are authorized to use force, including destruction as necessary, to control the situation. Do not use more force than required. Do not pursue any unit toward land. Do not fly between Liberty and shoreline except as required." Lt Commander Dave Lewis, Liberty's chief intelligence officer, is convinced that, had the first group of rescue planes arrived, they would have preceded the torpedo boats, and 28 people would have remained alive. Moments later, Tully was ordered to recall his planes. Secretary of Defense Robert McNamara ordered Admiral Geis to call back the planes that had been dispatched to the USS liberty by Capt. Tully. Adm. Geis demurred by saying, "These people are under attack!" These were men for whose lives he was responsible. He refused to obey McNamara. Admiral Geis requested confirmation of the order. Fifteen minutes later, McNamara was back on the radio. "I told you to get those damned aircraft back!" he snarled. "Call them back!" It was now that LBJ grabbed the telephone and made his wishes known. "I don't give a damn if the ship sinks," Johnson declared. "I will not embarrass my allies." At naval station at Port Lyautey, Morocco National Security Agency communications technician, petty officer Julian "Tony" Hart was listening to this conversation. Moe Schafer who was a member of the crew of the Liberty, he said he was loaded into a helicopter and flown to the USS Davis, the flagship of Sixth Fleet commander Admiral Martin. The next morning he was sitting on his bunk with two or three other injured men when Martin came in to see them. Edmonds City Council Approved Minutes August 17, 2021 Page 46 Schafer said, "Admiral Martin tell (told) me that four jets were on their way to the Liberty with conventional weapons [and were recalled]; he stated that four were on their way to Cairo loaded with nuclear weapons. He stated they were three minutes from bombing them (the Egyptians). He also said that the jets could not land back on the carrier with nuclear arms and they had had to land in Athens. He stated this from my beside while on the" USS Davis. (Source: Operation Cyanide. Why the Bombing of the USS Liberty Nearly Caused World War III by Peter Hounam, an investigative journalist) htttps:Hnationalvanguard.orp,/2015/04/the-most-incred ible-sto[yr-never-told-Ibis-order-to-destroy-the- uss-liberty/ There is additional evidence the President Johnson had planned to start a nuclear war against the Soviet Union is the following. Acting ambassador at the US Embassy in Cairo David Nes reported that he heard on an emergency radio that USS Liberty was being attacked by the Egyptians and that planes were being launched in a retaliatory raid on Cairo from Saratoga. Why this is important is because it means addition US assets were involved in spreading disinformation accusing Egypt. Yet another indication that the US had embarked on an attack on Cairo was the hotline message LB1 had sent to Soviet Premier Alexei Kosygin apologizing for US planes crossing Egyptian territory. Johnson's explanation, "They were going to help the Liberty." https:llwww.thefreelibrary.com/Blood+in+the+Water%3A+How+the+U.S.+and+Israel+Conspired+to+A mbush+the...-a0583144915 Author Peter Hounam interviewed a retired Air Force pilot, Jim Nanjo who spent 20 years on the H- bomb attack force. The job of such pilots who lived on US air bases was to be ready to jump into a plane and carry out orders immediately. Jim Nanjo told Hounam that he was stationed at Beale Air Force base in California and at how he was awakened on the morning of June 8, 1967 between 2:00 a.m. and no later than 4:00 a.m. by an alert that told him an emergency situation existed and he needed to man his plane immediately. Other bomber pilots were also manning their planes and revving up their engines waiting for the "go" order and their orders. They knew nothing about their mission. He said his airplane was armed with thermonuclear weapons, H-bombs. The Liberty was not attacked until 5:00 am California time. How were the American military and their commander in chief, Lyndon Johnson, able to anticipate the attack, and yet apparently not know the Israelis were behind it. Nanjo learned that other US Air Force bases were under the same highest alert in Guam, Britain, Moron, Spain as well as in the US. Years later, Navy aviator Brad Knickerbocker recounted that he had been about to take off from the USS Saratoga and had been briefed by officers using large maps of Egypt. They highlighted surface-to-air missile sites, anti-aircraft emplacements, port facilities, and other military targets. Knickerbocker's plane, according to his account, did not launch at all: "The first flight of aircraft from the Saratoga was recalled without engaging in combat, and my flight did not launch." What is significant about Knickerbocker's account was his briefing about the defenses in Egypt. He said that USS America, the only ship in the Sixth Fleet with nuclear capabilities. Edmonds City Council Approved Minutes August 17, 2021 Page 47 During the planned bombing of Cairo, journalists were on the USS America. Among them was Harry Stathos, who later said he personally saw nuclear -armed aircraft launched from America. Liberty crew member Jim Ennes later said that a chief performance officer with the Naval Security Group unit told him that same story, as did a catapult operator who recorded nuclear weapons launched. Retired Navy legal counsel Capt. Ward Boston said Rear Adm. Isaac "Ike" Kidd, told him Kidd believed the attack was deliberate and that the Israelis knew the ship was American. And he said officials were not interested in hearing the truth. Retired Adm. Merlin Staring, who at the time was a captain and staff legal officer in London was initially told to review the Navy court's report. Staring said that the report was taken from him before he finished his review, but based on what he had seen, the evidence did not support the contention that the attack on the Liberty was an accident. https://ifamericansknew.org/us ints ul-nav times.html Richard Helms, CIA director at the time of the attack (on the USS Liberty), agreed that "it was no accident." Helms also told Marine Corps Times correspondent Jordan on May 29, 2002, "I've done all I can. I don't want to spend the rest of my life in court testifying about the incident." Helms' book, A Look Over My Shoulder, written in collaboration with William Hood, describes the Liberty attack as "one of the most disturbing incidents in the six days [war]." htt s: www.wrmea.or 003-jut -au ust nav -ca tain-other-officials-call-for-iiivesti ation-of-israel-s- attack-on-uss-iibertv.html After the attack Secretary of State Dean Rusk recommended a strong response, and Presidential Counselor Clark Clifford advised President Johnson to treat Israel in the same manner as the US would treat the Soviets or the Arabs if they had committed the atrocity. The US would certainly not have taken this insult in silence had the offender been any country but Israel. George Ball, Under Secretary of State at the time said, "American leaders did not have the courage to punish Israel for the blatant murder of its citizens." State Department legal advisor Carl Salans performed an assessment of Israel's official explanation; with only the Navy's highly incomplete and erroneous preliminary investigation to go on, he thoroughly discredited the Israeli Government's claims of innocent error. The logical next step was to confront the Israelis with his findings, but that was not done. The US Government's inaction was completely out of keeping with the outrageousness of the attack. Retired Admiral Thomas Moorer, the former Chairman of the Joint Chiefs of Staff, headed the independent commission of inquiry. It was "one of the classic all-American cover-ups," said Admiral Moorer, who spent a year investigating the attack as part of an independent panel he formed with other former military officials. The panel also included a former US ambassador to Saudi Arabia, James Akins. Moorer called the Johnson White House's cancellation of the Navy's attempt to rescue the Liberty "the most disgraceful thing I have witnessed in my entire military career." [2] In a signed affidavit released at a Capitol Hill news conference, retired Captain Ward Boston, USN said Johnson and Secretary of Defense McNamara ordered those heading the Navy's inquiry to "conclude Edmonds City Council Approved Minutes August 17, 2021 Page 48 that the attack was a case of 'mistaken identity' despite overwhelming evidence to the contrary." Boston was senior legal counsel to the Navy's original 1967 review of the attack. [2] Court of Inquiry. The cover-up would have been impossible but for the complicity of Admiral John S. McCain Jr. He allowed the Court of Inquiry just one week to complete an investigation -a crippling limitation in light of the complex nature of events and the dispersion of the witnesses. Also the court could not consider the written testimony from any of the 60 men evacuated who were unable to testify in person. One year after the cover-up in July 1968, Johnson named McCain Commander -in -Chief of the Pacific Command. [5] [6] Rear Admiral Isaac "Ike" Kidd, always believed Israeli forces knowingly attacked the Liberty. "I feel the Israelis knew what they were doing. They knew they were shooting at a US Navy ship. That's the bottom line. I don't care how they tried to get out of it. Senator Adlai Stevenson III in 1980, his last year as a United States Senator called a news conference in which he announced that he was convinced that the attack was deliberate and that the survivors deserved an investigation. He said he would spend the remaining few weeks of his Senate term attempting to arrange for an inquiry. Almost immediately, the government of Israel contacted the White House and offered to settle the outstanding $40 million damage claims. In 2002, retired Captain Boston wrote in a sworn statement that he stayed silent for years. In December 2002, following the publication of the book entitled, The Liberty Incident by A. Jay Cristol, Boston felt compelled to "share the truth", and stated, "This book continued the cover-up". Cristol wrote that the attack was unintentional. [2] [3] By June 8th, The Israelis had captured some Egyptians and held them in the town of El Arish. The Israelis transformed the town into a "slaughterhouse" by methodically "butchering" their Egyptian prisoners. They lined up sixty unarmed Egyptians with their hands tied behind their backs and, with machine guns, slaughtered them in cold blood. They machine-gunned another group of thirty prisoners nearby. Aryeh Yitzhaki, an Israeli army historian, and other officers collected testimony from dozens of soldiers who admitted killing Egyptian prisoners. According to Yitzhaki, Israeli soldiers murdered about 1,000 Egyptian prisoners in the Sinai, including about 400 in El Arish. Ariel Sharon was close to El Arish at the time of the incidents. Yitzhaki said that the Israeli leadership, Dayan, Rabin and others knew about the slaughter. (Source: The New York Time) "Military historian Aryeh Yitzhaki said today that Israeli troops carried out several mass killings in 1967 in which about 1,000 Egyptian prisoners were slain in the Sinai. Yitzhaki, who worked in the army's history department after the war, said he and other officers collected testimony from dozens of solders who admitted killing POWs. He said a report on the killings submitted to his superiors has been locked in a safe at military headquarters. "Another Israeli historian, Uri Milstein, said there were many incidents in the 1967 war in which Egyptian soldiers were killed by Israeli troops after they had raised their hands in surrender. Edmonds City Council Approved Minutes August 17, 2021 Page 49 "It was not an official policy, but there was an atmosphere that it was okay to do it," Milstein said. "Some commanders decided to do it; others refused. But everyone knew about it." (Source: The Washington Post on August 17, 1995) See pictures of a torpedo hit on the USS Liberty: http://www.ussliberty.or.l 1. http://lists.essential.org/pinermail/`corp-focus/2003/000165.htmi 2. http://www.rockvmounttelegram.com/news/content/`news/ap story.html/Washington/AP.V9114. htto://www.rockvmounttelegram.com/news/­­contentlnews/ap sto .html Washin on AP.V9114.AP- S -Shi -Israel.html?urac=n&urvf=10670619268800.6680433481560745 3. httv-.I/www.itszone.co.uk/zoneO/­viewtopic.phi)?t=1885 4. htt www.washin ton -report. or backissues/0693/9306019.htm 5. MiIita Cy Movers Com m un ity I PCS & DITY Moving Made Affordable From: Kim Bayer Sent: Wednesday, August 11, 2021 11:28 AM To: Buckshnis, Diane <Diane.Buckshnis@edmondswa.gov>; Distelhorst, Luke <Luke.Distelhorst@edmondswa.gov>; Olson, Vivian <Vivian.Olson@edmondswa.gov>; Monillas, Adrienne <Adrienne.Monillas@edmondswa.gov>; Paine, Susan <Susan.Paine @edmondswa.gov>; LauraJohnson@edmondswa.gov; Johnson, Kristiana<kristiana.johnson@edmondswa.gov>; Nelson, Michael <Michael.Nelson@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com> Subject: 8/10 City Council Meeting - Audience Comments regarding Mayor Nelson's Rant against Citizens I was planning on attending last night's council meeting; however, something unforeseen came up. The remarks I was going to share during Audience Comments are below. I have not had the chance to review the recording of the 8/10 meeting to see if anyone spoke up regarding Mayor Nelson's rant against citizens, he made at the 8/3 City Council meeting, so I wanted to make sure these comments were shared with all of you. My name is Kim Augustavo. First, let me clear up a few things so I'm not labeled by Mayor Nelson or, Adrienne. 1. I've lived in five different homes throughout my 40 years as an Edmonds resident and citizen: and not always in the bowl. I understand the needs of the various areas of this city so, please don't label me "white -privileged" 2. 1 have many diverse friends and colleagues, including a very close gay and black friend who married my husband and I, so please don't label me "racist" 3. 1 am taking time out of my beautiful summer to "fight back" at your inept leadership which has nothing to do with being partisan. It has everything to do with me caring deeply about protecting and preserving our city from the "madness" you've created so please don't label me "partisan" Edmonds City Council Approved Minutes August 17, 2021 Page 50 4. I'm drinking only water and I drank only water at the 7/27 City Council meeting so please don't label me as a partisan bully drinking alcohol prior to the meeting. Mayor Nelson you should be reported on the hate portal for spreading this slander. How dare you blame citizens for disagreeing with your failed politics and partisan agenda. The several citizen groups I'm associated with, have both democrats and republicans so please don't accuse us of being partisan. You are the most transparent partisan mayor we've ever had in my 40 years. We aren't bullying you or Adrianne we aren't partisan, we are sober as heck, and we are very upset for what you are doing to 0 U R city. Susan, as Council President, you should be running all City Council meetings as they are not Mayor Nelson's meetings. They are the City Council members' meetings, so why do you let him berate a council member who disagrees with his point of view? Why do you let him run the meeting? Why do you let him rant about the citizens who, by a narrow margin, elected him? City Council members, please take back your meetings and demand Mayor Nelson stop his citizen tirades and prevent this unethical, illegal, and unprofessional nonsense from occurring moving forward. Do the right thing, Kim Kim Bayer-Augustavo Edmonds City Council Approved Minutes August 17, 2021 Page 51